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diff --git a/41680-0.txt b/41680-0.txt new file mode 100644 index 0000000..c80ca3a --- /dev/null +++ b/41680-0.txt @@ -0,0 +1,35885 @@ +*** START OF THE PROJECT GUTENBERG EBOOK 41680 *** + +CIVIL WAR AND RECONSTRUCTION IN ALABAMA + + + + + CIVIL WAR AND RECONSTRUCTION IN ALABAMA + + + BY WALTER L. FLEMING, PH.D. + PROFESSOR OF HISTORY IN WEST VIRGINIA UNIVERSITY + + + [Illustration] + + + New York + THE COLUMBIA UNIVERSITY PRESS + THE MACMILLAN COMPANY, AGENTS + LONDON: MACMILLAN & CO., LTD. + 1905 + + _All rights reserved_ + + + + + COPYRIGHT, 1905, + BY THE MACMILLAN COMPANY. + + Set up and electrotyped. Published October, 1905. + + Norwood Press + J. S. Cushing & Co.--Berwick & Smith Co. + Norwood, Mass., U.S.A. + + + + +TO MY WIFE MARY BOYD FLEMING + + + + +PREFACE + + +This work was begun some five years ago as a study of Reconstruction in +Alabama. As the field opened it seemed to me that an account of +ante-bellum conditions, social, economic, and political, and of the effect +of the Civil War upon ante-bellum institutions would be indispensable to +any just and comprehensive treatment of the later period. Consequently I +have endeavored to describe briefly the society and the institutions that +went down during Civil War and Reconstruction. Internal conditions in +Alabama during the war period are discussed at length; they are important, +because they influenced seriously the course of Reconstruction. Throughout +the work I have sought to emphasize the social and economic problems in +the general situation, and accordingly in addition to a sketch of the +politics I have dwelt at some length upon the educational, religious, and +industrial aspects of the period. One point in particular has been +stressed throughout the whole work, viz. the fact of the segregation of +the races within the state--the blacks mainly in the central counties, and +the whites in the northern and the southern counties. This division of the +state into "white" counties and "black" counties has almost from the +beginning exercised the strongest influence upon the history of its +people. The problems of white and black in the Black Belt are not always +the problems of the whites and blacks of the white counties. It is hoped +that the maps inserted in the text will assist in making clear this point. +Perhaps it may be thought that undue space is devoted to the history of +the negro during War and Reconstruction, but after all the negro, whether +passive or active, was the central figure of the period. + +Believing that the political problems of War and Reconstruction are of +less permanent importance than the forces which have shaped and are +shaping the social and industrial life of the people, I have confined the +discussion of politics to certain chapters chronologically arranged, while +for the remainder of the book the topical method of presentation has been +adopted. In describing the political events of Reconstruction I have in +most cases endeavored to show the relation between national affairs and +local conditions within the state. To such an extent has this been done +that in some parts it may perhaps be called a general history with +especial reference to local conditions in Alabama. Never before and never +since Reconstruction have there been closer practical relations between +the United States and the state, between Washington and Montgomery. + +As to the authorities examined in the preparation of the work it may be +stated that practically all material now available--whether in print or in +manuscript--has been used. In working with newspapers an effort was made +to check up in two or more newspapers each fact used. Most of the +references to newspapers--practically all of those to the less reputable +papers--are to signed articles. I have had to reject much material as +unreliable, and it is not possible that I have been able to sift out all +the errors. Whatever remain will prove to be, as I hope and believe, of +only minor consequence. + +Thanks for assistance given are due to friends too numerous to mention all +of them by name. For special favors I am indebted to Professor L. D. +Miller, Jacksonville, Alabama; Mr. W. O. Scroggs of Harvard University; +Professor G. W. Duncan, Auburn, Alabama; Major W. W. Screws of the +_Montgomery Advertiser_; Colonel John W. DuBose, Montgomery, Alabama; Mrs. +J. L. Dean, Opelika, Alabama; Major S. A. Cunningham of the _Confederate +Veteran_, Nashville, Tennessee; and Major James R. Crowe, of Sheffield, +Alabama. I am indebted to Mr. L. S. Boyd, Washington, D.C., for numerous +favors, among them, for calling my attention to the scrap-book collection +of Edward McPherson, then shelved in the Library of Congress along with +Fiction. On many points where documents were lacking, I was materially +assisted by the written reminiscences of people familiar with conditions +of the time, among them my mother and father, the late Professor O. D. +Smith of Auburn, Alabama, and the late Ryland Randolph, Esq., of +Birmingham. Many old negroes have related their experiences to me. Hon. +Junius M. Riggs of the Alabama Supreme Court Library, by the loan of +documents, assisted me materially in working up the financial history of +the Reconstruction; Dr. David Y. Thomas of the University of Florida read +and criticised the entire manuscript; Dr. Thomas M. Owen, Director of the +Alabama Department of Archives and History, has given me valuable +assistance from the beginning to the close of the work by reading the +manuscript, by making available to me not only the public archives, but +also his large private collection, and by securing illustrations. But +above all I have been aided by Professor William A. Dunning of Columbia +University, at whose instance the work was begun, who gave me many helpful +suggestions, read the manuscript, and saved me from numerous pitfalls, and +by my wife, who read and criticised both manuscript and proof, and made +the maps and the index and prepared some of the illustrations. + +WALTER L. FLEMING. + + NEW YORK CITY, + August, 1905. + + + + +CONTENTS + + + PART I + _INTRODUCTION_ + + + CHAPTER I + PERIOD OF SECTIONAL CONTROVERSY + + PAGE + + Composition of the Population of Alabama 3 + The Indians and Nullification 8 + Slavery Controversy and Political Divisions 10 + Emancipation Sentiment in North Alabama 10 + Early Party Divisions 11 + William Lowndes Yancey 13 + Growth of Secession Sentiment 14 + "Unionists" Successful in 1851-1852 16 + Yancey-Pryor Debate, 1858 17 + The Charleston Convention of 1860 18 + The Election of 1860 19 + Separation of the Churches, 1821-1861 21 + Senator Clay's Farewell Speech in the Senate 25 + + + CHAPTER II + SECESSION FROM THE UNION + + Secession Convention Called 27 + Parties in the Convention 28 + Reports on Secession 31 + Debate on Secession 31 + Political Theories of Members 34 + Ordinance of Secession Passed 36 + Confederate States Formed 39 + Self-denying Ordinance 41 + African Slave Trade 42 + Commissioners to Other States 46 + Legislation by the Convention 49 + North Alabama in the Convention 53 + Incidents of the Session 56 + + + PART II + _WAR TIMES IN ALABAMA_ + + + CHAPTER III + MILITARY AND POLITICAL EVENTS + + Military Operations 61 + The War in North Alabama 62 + The Streight Raid 67 + Rousseau's Raid 68 + The War in South Alabama 69 + Wilson's Raid and the End of the War 71 + Destruction by the Armies 74 + Military Organization 78 + Alabama Soldiers: Number and Character 78 + Negro Troops 86 + Union Troops from Alabama 87 + Militia System 88 + Conscription and Exemption 92 + Confederate Enrolment Laws 92 + Policy of the State in Regard to Conscription 95 + Effect of the Enrolment Laws 98 + Exemption from Service 100 + Tories and Deserters 108 + Conditions in North Alabama 109 + Unionists, Tories, and Mossbacks 112 + Growth of Disaffection 114 + Outrages by Tories and Deserters 119 + Disaffection in South Alabama 122 + Prominent Tories and Deserters 124 + Numbers of the Disaffected 127 + Party Politics and the Peace Movement 131 + Political Conditions, 1861-1865 131 + The Peace Society 137 + Reconstruction Sentiment 143 + + + CHAPTER IV + ECONOMIC AND SOCIAL CONDITIONS + + Industrial Development during the War 149 + Military Industries 149 + Manufacture of Arms 150 + Nitre Making 153 + Private Manufacturing Enterprises 156 + Salt Making 157 + Confederate Finance in Alabama 162 + Banks and Banking 162 + Issues of Bonds and Notes by the State 164 + Special Appropriations and Salaries 168 + Taxation 169 + Impressment 174 + Debts, Stay Laws, Sequestration 176 + Trade, Barter, Prices 178 + Blockade-running and Trade through the Lines 183 + Scarcity and Destitution, 1861-1865 196 + The Negro during the War 205 + Military Uses of Negroes 205 + Negroes on the Farms 209 + Fidelity to Masters 210 + Schools and Colleges 212 + Confederate Text-books 217 + Newspapers 218 + Publishing Houses 221 + The Churches during the War 223 + Attitude on Public Questions 223 + The Churches and the Negroes 225 + Federal Army and the Southern Churches 227 + Domestic Life 230 + Society in 1861 230 + Life on the Farm 232 + Home Industries; Makeshifts and Substitutes 234 + Clothes and Fashions 236 + Drugs and Medicines 239 + Social Life during the War 241 + Negro Life 243 + Woman's Work for the Soldiers 244 + + + PART III + _THE AFTERMATH OF WAR_ + + + CHAPTER V + SOCIAL AND ECONOMIC DISORDER + + Loss of Life in War 251 + Destruction of Property 253 + The Wreck of the Railways 259 + The Interregnum: Lawlessness and Disorder 262 + The Negro testing his Freedom 269 + How to prove Freedom 270 + Suffering among the Negroes 273 + Relations between Whites and Blacks 275 + Destitution and Want, 1865-1866 277 + + + CHAPTER VI + CONFISCATION AND THE COTTON TAX + + Confiscation Frauds 284 + Restrictions on Trade in 1865 284 + Federal Claims to Confederate Property 285 + Cotton Frauds and Stealing 290 + Cotton Agents Prosecuted 297 + Statistics of the Frauds 299 + The Cotton Tax 303 + + + CHAPTER VII + THE TEMPER OF THE PEOPLE + + After the Surrender 308 + "Condition of Affairs in the South" 311 + General Grant's Report 311 + Carl Schurz's Report 312 + Truman's Report 312 + Report of the Joint Committee on Reconstruction 313 + The "Loyalists" 316 + Treatment of Northern Men 318 + Immigration to Alabama 321 + Troubles of the Episcopal Church 324 + + + PART IV + _PRESIDENTIAL RESTORATION_ + + + CHAPTER VIII + FIRST PROVISIONAL ADMINISTRATION + + Theories of Reconstruction 333 + Presidential Plan in Operation 341 + Early Attempts at "Restoration" 341 + Amnesty Proclamation 349 + "Proscribing Proscription" 356 + The "Restoration" Convention 358 + Personnel and Parties 358 + Debates on Secession and Slavery 360 + "A White Man's Government" 364 + Legislation by the Convention 366 + "Restoration" Completed 367 + + + CHAPTER IX + SECOND PROVISIONAL ADMINISTRATION + + Status of the Provisional Government 376 + Legislation about Freedmen 378 + The Negro under the Provisional Government 383 + Movement toward Negro Suffrage 386 + New Conditions of Congress and Increasing Irritation 391 + Fourteenth Amendment Rejected 394 + Political Conditions, 1866-1867; Formation of Parties 398 + + + CHAPTER X + MILITARY GOVERNMENT, 1865-1866 + + The Military Occupation 408 + The Army and the Colored Population 410 + Administration of Justice by the Army 413 + The Army and the White People 417 + + + CHAPTER XI + THE WARDS OF THE NATION + + The Freedmen's Bureau 421 + Department of Negro Affairs 421 + Organization of the Bureau 423 + The Bureau and the Civil Authorities 427 + The Bureau supported by Confiscations 431 + The Labor Problem 433 + Freedmen's Bureau Courts 437 + Care of the Sick 441 + Issue of Rations 442 + Demoralization caused by Bureau 444 + The Freedmen's Savings-bank 451 + The Freedmen's Bureau and Negro Education 456 + The Failure of the Bureau System 469 + + + PART V + _CONGRESSIONAL RECONSTRUCTION_ + + + CHAPTER XII + MILITARY GOVERNMENT UNDER THE RECONSTRUCTION ACTS + + Administration of General John Pope 473 + Military Reconstruction Acts 473 + Pope's Control of the Civil Government 477 + Pope and the Newspapers 485 + Trials by Military Commissions 487 + Registration and Disfranchisement 488 + Elections and the Convention 491 + Removal of Pope and Swayne 492 + Administration of General George G. Meade 493 + Registration and Elections 493 + Administration of Civil Affairs 495 + Trials by Military Commissions 498 + The Soldiers and the Citizens 500 + From Martial Law to Carpet-bag Rule 501 + + + CHAPTER XIII + THE CAMPAIGN OF 1867 + + Attitude of the Whites 503 + Organization of the Radical Party in Alabama 505 + Conservative Opposition Aroused 512 + The Negro's First Vote 514 + + + CHAPTER XIV + THE "RECONSTRUCTION" CONVENTION + + Character of the Convention 517 + The Race Question 521 + Debates on Disfranchisement of Whites 524 + Legislation by the Convention 528 + + + CHAPTER XV + THE "RECONSTRUCTION" COMPLETED + + "Convention" Candidates 531 + Campaign on the Constitution 534 + Vote on the Constitution 538 + The Constitution fails of Adoption 541 + The Alabama Question in Congress 547 + Alabama readmitted to the Union 550 + + + CHAPTER XVI + THE UNION LEAGUE OF AMERICA + + Origin of the Union League 553 + Its Extension to the South 556 + Ceremonies of the League 559 + Organization and Methods 561 + + + PART VI + _CARPET-BAG AND NEGRO RULE_ + + + CHAPTER XVII + TAXATION AND THE PUBLIC DEBT + + Taxation during Reconstruction 571 + Administrative Expenses 574 + Effect on Property Values 578 + The Public Bonded Debt 580 + The Financial Settlement 583 + + + CHAPTER XVIII + RAILROAD LEGISLATION AND FRAUDS + + Federal and State Aid to Railroads before the War 587 + General Legislation in Aid of Railroads 589 + The Alabama and Chattanooga Railroad 591 + Other Indorsed Railroads 600 + County and Town Aid to Railroads 604 + + + CHAPTER XIX + RECONSTRUCTION IN THE SCHOOLS + + School System before Reconstruction 607 + School System of Reconstruction 609 + Reconstruction of the State University 612 + Trouble in the Mobile Schools 618 + Irregularities in School Administration 621 + Objections to the Reconstruction Education 624 + Negro Education 625 + Failure of the Educational System 632 + + + CHAPTER XX + RECONSTRUCTION IN THE CHURCHES + + "Disintegration and Absorption" Policy 637 + The Methodists 637 + The Baptists 640 + The Presbyterians 641 + The Churches and the Negro during Reconstruction 642 + The Baptists and the Negroes 643 + The Presbyterians and the Negroes 646 + The Roman Catholics 647 + The Episcopalians 647 + The Methodists and the Negroes 648 + + + CHAPTER XXI + THE KU KLUX REVOLUTION + + Causes of the Ku Klux Movement 654 + Secret Societies of Regulators before Ku Klux Klan 659 + Origin and Growth of Ku Klux Klan 661 + The Knights of the White Camelia 671 + The Work of the Secret Orders 675 + Ku Klux Orders and Warnings 680 + Ku Klux "Outrages" 686 + Success of the Ku Klux Movement 690 + Spurious Ku Klux Organizations 691 + Attempts to suppress the Ku Klux Movement 694 + State Legislation 695 + Enforcement Acts 697 + Ku Klux Investigation 703 + Later Ku Klux Organizations 709 + + + CHAPTER XXII + REORGANIZATION OF THE INDUSTRIAL SYSTEM + + Break-up of the Ante-bellum System 710 + The Freedmen's Bureau System 717 + Northern and Foreign Immigration 718 + Attempts to organize a New System 721 + Development of the Share and Credit Systems 723 + Superiority of White Farmers 727 + Decadence of the Black Belt 731 + + + CHAPTER XXIII + POLITICAL AND SOCIAL CONDITIONS DURING RECONSTRUCTION + + Politics and Political Methods 733 + The First Reconstruction Administration 733 + Reconstruction Judiciary 744 + Campaign of 1868 747 + The Administration of Governor Lindsay 750 + The Administration of Governor Lewis 754 + Election of Spencer to the United States Senate 755 + Social Conditions during Reconstruction 761 + Statistics of Crime 762 + Social Relations of Negroes 763 + Carpet-baggers and Scalawags 765 + Social Effects of Reconstruction on the Whites 766 + Economic Conditions 769 + + + CHAPTER XXIV + THE OVERTHROW OF RECONSTRUCTION + + The Republican Party in 1874 771 + Whites desert the Party 771 + The Demand of the Negro for Social Rights 772 + Disputes among Radical Editors 773 + Demand of Negroes for Office 773 + Factions within the Party 774 + Negroes in 1874 775 + Promises made to them 775 + Negro Social and Political Clubs 776 + Negro Democrats 777 + The Democratic and Conservative Party in 1874 778 + Attitude of the Whites toward the Blacks 779 + The Color Line Drawn 780 + "Independent" Candidates 781 + The Campaign of 1874 782 + Platforms and Candidates 782 + "Political Bacon" 783 + "Hays-Hawley Letter" 786 + Intimidation by Federal Authorities 789 + Intimidation by Democrats 791 + The Election of 1874 793 + The Eufaula Riot 794 + Results of the Election 795 + Later Phases of State Politics 798 + Whites make Secure their Control 798 + The "Lily Whites" and the "Black and Tans" 799 + The Failure of the Populist Movement 799 + The Primary Election System 800 + The Negroes Disfranchised 800 + + + SUCCESSES AND FAILURES OF RECONSTRUCTION 801 + + + APPENDICES: + + Cotton Production in Alabama, 1860-1900 804 + Registration of Voters under the New Constitution 806 + + + INDEX 809 + + + + +LIST OF ILLUSTRATIONS + + + PAGE + + Alabama Money _Facing_ 178 + Buckley, Rev. C. W. " 552 + "Bully for Alabama" " 738 + Callis, John B. " 552 + Clanton, General James H. " 760 + Clemens, Jere " 36 + Confederate Capitol, Montgomery " 96 + Confederate Monument, Montgomery " 96 + Confederate Postage Stamps " 178 + Crowe, Major James R. " 760 + Curry, Dr. J. L. M. " 626 + Davis, Jefferson " 54 + Davis, Inauguration of " 96 + Davis, Residence of, Montgomery " 96 + Gaineswood, a Plantation Home " 8 + Hays, Charles " 552 + "Hon. Mr. Carraway" " 738 + Houston, Governor George S. " 760 + John Brown Extra " 18 + Johnson, President Andrew " 336 + Ku Klux Costumes 675 + Ku Klux Hanging Pictures 612 + Ku Klux Warning 678 + Lewis, Governor D. P. _Facing_ 600 + Lindsay, Governor R. B. " 760 + Meade, General George G. " 476 + Moore, Governor Andrew B. " 130 + Negro Members of the Convention of 1875 " 600 + "Nigger, Scalawag, Carpetbagger" " 738 + Parsons, Governor L. E. " 600 + Patton, Governor R. M. " 760 + Pope, General John " 476 + Prescript (Original) of Ku Klux Klan, Facsimile + of Page of " 670 + Prescript (revised and amended) of Ku Klux Klan, + Facsimile of Page of 665 + Private Money _Facing_ 178 + Rapier, J. T. " 552 + Ritual of the Knights of the White Camelia, + Facsimile of Page of " 670 + Shorter, Governor John Gill " 130 + Smith, Governor William H. " 600 + Smith, William R. " 36 + Spencer, Senator George E. " 552 + Stephens, Alexander H. " 36 + Stevens, Thaddeus " 336 + Sumner, Charles " 336 + Swayne, General Wager " 476 + "The Speaker cried out, 'Order!'" " 738 + Thomas, General George H. " 476 + Union League Constitution, Facsimile of Page of " 566 + Walker, General L. P. " 36 + Warner, Senator Willard " 552 + Watts, Governor Thomas H. " 130 + Wilmer, Bishop R. H. " 130 + Yancey, William Lowndes " 36 + + + + +LIST OF MAPS + + + PAGE + 1. Population in 1860 4 + 2. Nativity and Distribution of Public Men 6 + 3. Election for President, 1860 20 + 4. Parties in the Secession Convention 29 + 5. Disaffection toward the Confederacy, 1861-1865 110 + 6. Industrial Development, 1861-1865 150 + 7. Devastation by Invading Armies 256 + 8. Parties in the Convention of 1865 359 + 9. Registration of Voters under the Reconstruction Acts 494 + 10. Election for President, 1868 747 + 11. Election of 1870 750 + 12. Election of 1872 755 + 13. Election of 1874 795 + 14. Election of 1876 796 + 15. Election of 1880 798 + 16. Election of 1890 799 + 17. Election of 1902 under New Constitution 800 + + + + +PART I + +INTRODUCTION + + + + +CIVIL WAR AND RECONSTRUCTION IN ALABAMA + + + + +CHAPTER I + +THE PERIOD OF SECTIONAL CONTROVERSY + + +When Alabama seceded in 1861, it had been in existence as a political +organization less than half a century, but in many respects its +institutions and customs were as old as European America. The white +population was almost purely Anglo-American. The early settlements had +been made on the coast near Mobile, and from thence had extended up the +Alabama, Tombigbee, and Warrior rivers. In the northern part the Tennessee +valley was early settled, and later, in the eastern part, the Coosa +valley. After the river valleys, the prairie lands in central Alabama were +peopled, and finally the poorer lands of the southeast and the hills south +of the Tennessee valley. The bulk of the population before 1861 was of +Georgian birth or descent, the settlers having come from middle Georgia, +which had been peopled from the hills of Virginia. Georgians came into the +Tennessee valley early in the nineteenth century. The Creek reservation +prevented immigration into eastern Alabama before the thirties, but the +Georgians went around and settled southeast Alabama along the line of the +old "Federal road." When the Creek Indians consented to migrate, it was +found that the Georgians were already in possession of the country,--more +than 20,000 strong, and a government was at once erected over the Indian +counties. People from Georgia also came down the Coosa valley to central +Alabama. The Virginians went to the western Black Belt, to the Tennessee +valley, and to central Alabama. North Carolina sent thousands of her +citizens down through the Tennessee valley and thence across country to +the Tombigbee valley and western Alabama; others came through Georgia and +followed the routes of Georgia migration. South Carolinians swarmed into +the southern, central, and western counties, and a goodly number settled +in the Tennessee valley. Tennessee furnished a large proportion of the +settlers to the Tennessee valley, to the hill counties south of the +Tennessee, and to the valleys in central and western Alabama. Among the +immigrants from Virginia, North and South Carolina, and Tennessee was a +large Scotch-Irish element, and with the Tennesseeans came a sprinkling of +Kentuckians. In western Alabama were a few thousand Mississippians, and +into southeast Alabama a few hundred settlers came from Florida. From the +northern states came several thousand, principally New England business +men. The foreign element was insignificant--the Irish being most numerous, +with a few hundred each of Germans, English, French, and Scotch. In Mobile +and Marengo counties there was a slight admixture of French blood in the +population.[1] + +[Illustration: POPULATION IN 1860.] + +In regard to the character of the settlers it has been said that the +Virginians were the least practical and the Georgians the most so, while +the North Carolinians were a happy medium. The Georgians were noted for +their stubborn persistence, and they usually succeeded in whatever they +undertook. The Virginians liked a leisurely planter's life with abundant +social pleasures. The Tennesseeans and Kentuckians were hardly +distinguishable from the Virginians and Carolinians, to whom they were +closely related. The northern professional and business men exercised an +influence more than commensurate with their numbers, being, in a way, +picked men. Neither the Georgians nor the Virginians were assertive +office-seekers, but the Carolinians liked to hold office, and the politics +of the state were moulded by the South Carolinians and Georgians. All were +naturally inclined to favor a weak federal administration and a strong +state government with much liberty of the individual. The theories of +Patrick Henry, Jefferson, and Calhoun, not those of Washington and John +Marshall, formed the political creed of the Alabamians. + +[Illustration: NATIVITY OF PUBLIC MEN + +Each figure represents some person who became prominent before 1865, and +indicates his native state. The location of the figure on the map +indicates his place of residence. Note the segregation along the rivers +and the Black Belt.] + +The wealthy people were found in the Tennessee valley, in the Black Belt +extending across the centre of the state, and in Mobile, the one large +town. They were (except a few of the Mobilians) all slaveholders. The +poorer white people went to the less fertile districts of north and +southeast Alabama, where land was cheap, preferring to work their own poor +farms rather than to work for some one else on better land. But nearly +every slave county had its colony of poorer whites, who were invariably +settled on the least fertile soils. Among these settlers there was a +certain dislike of slavery, because they believed that, were it not for +the negro, the whites might themselves live on the fertile lands. Yet they +were not in favor of emancipation in any form, unless the negro could be +gotten entirely out of the way--a free negro being to them an abomination. +If the negro must stay, then they preferred slavery to continue. + +Over the greater part of Alabama there were no class distinctions before +1860; the state was too young. In the wilderness classes had fused and the +successful men were often those never heard of in the older states. A +candidate of "the plain people" was always elected, because all were +frontier people. This does not mean that in Huntsville, Montgomery, +Greensboro, and Mobile there were not the beginnings of an aristocracy +based on education, wealth, and family descent. But these were very small +spots on the map of Alabama, and there were no heartburnings over social +inequalities.[2] + +Such was the composition of the white population of Alabama before 1860. +No matter what might be their political affiliations, in practice nearly +all were Democrats of the Jeffersonian school, believing in the largest +possible liberty for the individual and in local management of all local +affairs, and to the frontier Democrat nearly all questions that concerned +him were local. The political leaders excepted, the majority of the +population knew little and cared less about the Federal government except +when it endeavored to restrain or check them in their course of conquest +and expansion in the wilderness. The relations of the people of Alabama +with the Federal government were such as to confirm and strengthen them in +their local attachments and sectional politics. The controversies that +arose in regard to the removal of the Indians, and over the public lands, +nullification, slavery, and western expansion, prevented the growth of +attachment to the Federal government, and tended to develop a southern +rather than a "continental" nationality. The state came into the Union +when the sections were engaged in angry debate over the Missouri +Compromise measures, and its attitude in Federal politics was determined +from the beginning. The next most serious controversy with the Federal +government and with the North was in regard to the removal of the Indians +from the southern states. The southwestern frontiersmen, like all other +Anglo-Americans, had no place in their economy for the Indian, and they +were determined that he should not stand in their way. + + +Indians and Nullification + +For half a century, throughout the Gulf states, the struggle with the +Indian tribes for the possession of the fertile lands continued, and in +this struggle the Federal government was always against the settlers. +Before the removal of the Indians, in 1836, the settlers of Alabama were +in almost continual dispute with the Washington administration on this +subject.[3] The trouble began in Georgia, and thousands of Georgians +brought to Alabama a spirit of jealousy and hostility to the United States +government, and a growing dislike of New England and the North on account +of their stand in regard to the Indians. For when troubles, legal and +otherwise, arose with the Indians, their advisers were found to be +missionaries and land agents from New England. The United States wanted +the Indians to remain as states within states; the Georgia and Alabama +settlers felt that the Indians must go. The attitude of the Federal +government drove the settlers into extreme assertions of state rights. In +Georgia it came almost to war between the state and United States troops +during the administration of John Quincy Adams, a New Englander, who was +disliked by the settlers for his support of the Indian cause; and the +whole South was made jealous by the decisions of the Supreme Court in the +Indian cases. Had Adams been elected to a second term, there would +probably have been armed resistance to the policy of the United States. +Jackson, a southern and western man, had the feeling of a frontiersman +toward the Indians; and his attitude gained him the support of the +frontier southern states in the trouble with South Carolina over +nullification. + +[Illustration: GAINESWOOD. A Marengo County Plantation Home. Abandoned +since the War.] + +Immediately after the nullification troubles, the general government +attempted to remove the white settlers from the Indian lands in east +Alabama. The lands had been ceded by the Indians in 1832, and the +legislature of Alabama at once extended the state administration over the +territory. Settlers rushed in; some were already there. But by the treaty +the Indians were entitled to remain on their land until they chose to +move; and now the United States marshals, supported by the army, were +ordered to remove the 30,000 whites who had settled in the nine Indian +counties. Governor Gayle, who had been elected as an opponent of +nullification, informed the Secretary of War that the proposed action of +the central government meant nothing less than the destruction of the +state administration, and declared that he would, at all costs, sustain +the jurisdiction of the state government. The troops killed a citizen who +resisted removal, and the Federal authorities refused to allow the slayers +to be tried by state courts. There was great excitement in the state, and +public meetings were everywhere held to organize resistance. The +legislature authorized the governor to persist in maintaining the state +administration in the nine Indian counties. A collision with the United +States troops was expected, and offers of volunteers were made to the +governor,--even from New York. Finally the United States government +yielded, the whites remained on the Indian lands, the state authority was +upheld in the Indian counties, the soldiers were tried before state +courts, and the Indians were removed to the West. The governor proclaimed +a victory for the state, and the 30,000 angry Alabamians rejoiced over +what they considered the defeat of the unjust Federal government.[4] + +Thus in Alabama nullification of Federal law was successfully carried out. +And it was done by a state administration and a people that a year before +had refused to approve the course of South Carolina. But South Carolina +was regarded in Alabama, as in the rest of the South, somewhat as an +erratic member that ought to be disciplined once in a while. A strong and +able minority in Alabama accepted the basis of the nullification doctrine, +_i.e._ the sovereignty of the states, and after this time this political +element was usually known as the State Rights party. They had no separate +organization, but voted with Whigs or Democrats, as best served their +purpose. Secession was little talked of, for affairs might yet go well, +they thought, within the Union. A majority of the Democrats, for several +years after 1832, were probably opposed in theory to nullification and +secession when South Carolina was an actor, but in practice they acted as +they had done in the Indian disputes which concerned them more closely. + + +The Slavery Controversy and Political Divisions + +It was at the height of the irritation of the Indian controversy that the +agitation by the abolitionists of the North began. The question which more +than any other alienated the southern people from the Union was that +concerning negro slavery. From 1819 to 1860 the majority of the white +people of Alabama were not friendly to slavery as an institution. This was +not from any special liking for the negro or belief that slavery was bad +for him, but because it was believed that the presence of the negro, slave +or free, was not good for the white race. To most of the people slavery +was merely a device for making the best of a bad state of affairs. The +constitution of 1819 was liberal in its slavery provisions, and the +legislature soon enacted (1827) a law prohibiting the importation, for +sale, hire, or barter, of slaves from other states. For a decade there was +strong influence at each session of the state legislature in favor of +gradual emancipation; agents of the Quakers worked in the state, buying +and paying a higher price for cotton that was not produced by slave labor; +and in north Alabama, during the twenties and early thirties, there was a +number of emancipation societies.[5] An emancipation newspaper, _The +Huntsville Democrat_, was published in Huntsville, and edited by James G. +Birney, afterwards a noted abolitionist. The northern section of the +state, embracing the strong Democratic white counties, was distinctly +unfriendly to slavery, or rather to the negro, and controlled the politics +of the state.[6] The effect of the abolition movement in the North was the +destruction of the emancipation organizations in the South, and both +friends and foes of the institution united on the defensive. The +non-slaveholders were not deluded followers of the slave owners. After the +slavery question became an issue in politics, the non-slaveholders in +Alabama were rather more aggressive, and were even more firmly determined +to maintain negro slavery than were the slaveholders. To the rich +hereditary slaveholders, who were relatively few in number, it was more or +less a question of property, and that was enough to fight about at any +time. But to the average white man who owned no negroes and who worked for +his living at manual labor, the question was a vital social one. The negro +slave was bad enough; but he thought that the negro freed by outside +interference and turned loose on society was much more to be feared.[7] +The large majorities for extreme measures came from the white counties; +the secession vote in 1860 was largely a white county vote. But when +secession came, the Whiggish Black Belt which had been opposed to +secession was astonished not to receive, in the war that followed, the +hearty support of the Democratic white counties. + +Before the nullification troubles in 1832 there was no distinct political +division among the people of Alabama; all were Democrats. Those of the +white counties were of the Jacksonian type, those of the black counties +were rather of the Jeffersonian faith; but all were strict +constructionists, especially on questions concerning the tariff, the +Indians, the central government, and slavery. The question of +nullification caused a division in the ranks of the Democratic party--one +wing supporting Jackson, the other accepting Calhoun as leader. For +several years later, however, the Democratic candidates had no opposition +in the elections, though within the party there were contests between the +Jacksonians and the growing State Rights (Calhoun) wing. But with the +settling of the country, the growth of the power of the Black Belt, and +the differentiation of interests within the state, there appeared a second +party, the Whigs. Its strength lay among the large planters and +slaveholders of the central Black Belt, though it often took its leaders +from the black counties of the Tennessee valley. This party was able to +elect a governor but once, and then only because of a division in the +Democratic ranks. After 1835 it secured one-third of the representation in +Congress and the same proportion in the legislature. It was the +"broadcloth" party, of the wealthier and more cultivated people. It did +not appeal to the "plain people" with much success; but it was always a +respectable party, and there was no jealousy of it then, and now "there +are no bitter memories against it."[8] + +Numerically, the Whigs were about as strong as the anti-nullification wing +of the Democratic party, so that the balance of power was held by the +constantly increasing State Rights (Calhoun) element. When Van Buren +became leader of the national Democracy, the State Rights people in +Alabama united with the regular Democrats and voted with them for about +ten years. The State Rights men were devoted followers of Calhoun, but in +political theories they soon went beyond him. For a while they were +believers in nullification as a constitutional right, but soon began to +talk of secession as a sovereign right. They were in favor of no +compromise where the rights of the South were concerned. They were +logical, extreme, doctrinaire; they demanded absolute right, and viewed +every action of the central government with suspicion. A single idea +firmly held through many years gave to them a power not justified by their +numerical strength. + +The Whigs did not stand still on political questions; as the Democrats and +the State Rights men abandoned one position for another more advanced, the +Whigs moved up to the one abandoned. Thus they were always only about one +election behind. It was the constant agitation of the slavery question +that drove the Whigs along in the wake of the more advanced party. Both +parties were in favor of expansion in the Southwest. They were indignant +at the New England position on the Texas question, and talked much of +disunion if such a policy of obstruction was persisted in. Again, after +the Mexican War all parties were furious at the opposition shown to the +annexation of the territory from Mexico. It was now the spirit of +expansion, the lust for territory, that rose in opposition to the +obstructive policy of northern leaders; and a new element was added when +an attempt was made to shut out southerners from the territory won mainly +by the South by forbidding the entrance of slavery. + +The number of those in favor of resisting at every point the growing +desire of the North to restrict slavery was increasing steadily. The +leader of the State Rights men was William L. Yancey. He opposed all +compromises, for, as he said, compromise meant that the system was evil +and was an acknowledgment of wrong, and no right, however abstract, must +be denied to the South. He was a firm believer in slavery as the only +method of solving the race question, and saw clearly the dangers that +would result from the abolition programme if the North and South remained +united. So to prevent worse calamities he was in favor of disunion. He was +the greatest orator ever heard in the South. He was in no sense a +demagogue; he had none of the arts of the popular politician. Sent to +Congress in the heat of the fight between the sections, he resigned +because he thought the battle was to be fought elsewhere. For twenty years +he stood before the people of Alabama, telling them that slavery could not +be preserved within the Union; that before any effective settlement of +controversies could be made, Alabama and the other southern states must +withdraw and make terms from the outside, or stay out of the Union and +have done with agitation and interference. Secession was +self-preservation, he told a people who believed that the destruction of +slavery meant the destruction of society. For twenty years he and his +followers, heralds of the storm, were ostracized by all political parties, +which accepted his theories, but denied the necessity for putting them +into practice. When at last the people came to follow him, he told them +that they had probably waited too late, and that they were seceding on a +weaker cause than any of those he had presented for twenty years. + +Yancey was a leader of State Rights men but never a leader in the +Democratic party. Once, in 1848, when all were angry on account of the +opposition on the Mexican question, Yancey was called to the front in the +Democratic state convention. He offered resolutions, which were +adopted,[9] to the effect (1) that the people of a territory could not +prevent the holding of slaves before the formation of a state +constitution, and that Congress had no power whatever to restrict slavery +in the territories; (2) that those who held the opposite opinion were not +Democrats, and that the Democratic party of Alabama would not support for +President any candidate who held such views. The delegates to the National +Democratic Convention at Baltimore were instructed to withdraw if the +Alabama resolutions were rejected. By a vote of two hundred and sixteen to +thirty-six they were rejected; yet none of the delegates except Yancey +withdrew. Refusing to support Cass for the presidency because he believed +in "squatter sovereignty," Yancey was again ostracized by the Democratic +leaders.[10] Now the State Rights men became more aggressive, for they +said this was the time to settle the slavery question, before it was too +late. The North, it was thought, would not be averse to separation from +the South. The Whigs began to advance non-intervention theories, and but +for the death of President Taylor, who adhered to the free-soil Whigs, +political parties in Alabama would probably have broken up in 1850 and +fused into one on the slavery question. + + +Growth of Secession Sentiment + +The compromise measures of 1850 pleased few people in Alabama, and there +was talk of resistance and of assisting Texas by force, if necessary, +against the appropriation of her territory by the central government. The +moderates condemned the Compromise and said they would not yield again. +The more advanced demanded a repeal of the Compromise or immediate +secession. Yancey said there was no hope of a settlement and that it was +time to set the house in order. In 1850-1851 there was a widespread +movement toward a rejection of the Compromise and a secession of the lower +South, but the political leaders were disposed to give the Compromise a +trial. To the Nashville convention, held in June, 1850, to discuss +measures to secure redress of grievances, the Alabama legislature at an +unofficial meeting chose the following delegates: Benjamin Fitzpatrick, +William Cooper, John A. Campbell, Thomas J. Judge, John A. Winston, Leroy +P. Walker, William M. Murphy, Nicholas Davis, R. C. Shorter, Thomas A. +Walker, Reuben Chapman, James Abercrombie, and William M. Byrd--all Whigs +or Conservative Democrats. The resolutions passed by the convention were +cautious and prudent, and were generally supported by the Whigs and +opposed by the Democrats. In Montgomery, upon the return of the Alabama +delegation, a public meeting, held to ratify the action of the Nashville +convention, condemned it instead, and approved the programme of Yancey who +again declared that it was "time to set the house in order." The contest +in Alabama was simply between the Compromise, with maintenance of the +Union, and rejection of the Compromise to be followed by secession. It +was not a campaign between Whig and Democrat, but between Union and +Secession. The old party lines were not drawn. Associations were formed +all over the state to oppose the Compromise and to advocate secession. The +Unionists drew together, but less heartily. The compact State Rights +element lost influence on account of a division that now showed in its +ranks. One section, led by William L. Yancey, was for separate and +unconditional secession; another, led by J. J. Seibels, favored +coöperation of the southern states within the Union and united +deliberation before secession.[11] The State Rights Convention met in +Montgomery, February 10, 1851, and recommended a southern congress to +decide the questions at issue and declared that if any other state would +secede, Alabama should go also.[12] The action of the convention pleased +few and was repudiated by the "separate secessionist" element. The +candidates of the State Rights--now called the "Southern Rights"--party +were supported by a majority of the Democrats. They demanded the repeal of +the Compromise, and resistance to future encroachments; they demanded +southern ministers and southern churches, southern books and papers, and +southern pleasure resorts. + +The "Union" leaders were Judge Benajah S. Bibb, James Abercrombie, Thomas +J. Judge, Henry W. Hilliard, Thomas H. Watts, Senator William R. +King,--nearly all Virginians or North Carolinians by birth or descent. At +the State "Union" Convention held in Montgomery, January 19, 1851, among +the more prominent delegates were: Thomas B. Cooper, R. M. Patton, W. M. +Byrd, B. S. Bibb, J. M. Tarleton, W. B. Moss, James H. Clanton, L. E. +Parsons, Robert J. Jamison, Henry W. Hilliard, R. W. Walker, Thomas H. +Watts, Nicholas Davis, Jr., and C. M. Wilcox,--all were Whigs, and were +Virginians, North Carolinians, and men of northern birth. This meeting +denied the "constitutional" right of secession. The Union candidates for +Congress were C. C. Langdon, James Abercrombie, Judge Mudd, William R. +Smith, W. R. W. Cobb, George S. Houston, and Alexander White,--each of +whom denied the "constitutional" right of secession, but said nothing +about it as a "sovereign" right. + +The "Unionists"--the old Whigs and the Jacksonian Democrats--were +successful in the elections, but by accepting, though disapproving, the +Compromise measures, and by repudiating the doctrine of secession as a +"constitutional" right,[13] they had advanced beyond the position held by +Yancey in 1848. + +After the success of the "Union" party in 1851-1852, the Southern Rights +Associations resolved to suspend for a time the debate on secession. +Thereupon the "Union" Democrats resumed their old party allegiance and the +"Union" party was left to consist of old Whigs alone. The Whigs wished to +continue the "Union" organization, for they no longer found it possible to +act with the northern Whigs, and in 1852 several of their prominent +leaders in Alabama refused to support the Whig presidential ticket. On the +other hand, the extreme "Southern Rights" men broke away from the +Democrats in 1852 and declared for immediate secession. They supported +Troup and Quitman, who polled, however, only 2174 votes in the state; but +the Whigs and the Democrats each lost about 15,000, who refused to vote. + +And now came the break-up of old parties. The slavery question was always +before the people and was becoming more and more irritating. Compromises +had failed to quiet the controversy. The position of the "Union" Whigs in +the black counties became intolerable. They had to combat secession at +home, and they had to guard against trouble among their slaves caused by +the abolitionist propaganda. By 1855 almost all the Alabama Whigs had +become "Americans," at the same time searching for a new issue and +repudiating the principles upon which the "American" party was founded. +Again they were left alone by the antislavery stand taken by the northern +wing of this party. Yet in spite of every possible discouragement they +held together and controlled the black counties. When the Kansas question +arose all the parties in Alabama were united in reference to it. The +doctrine of squatter sovereignty was not accepted, but there was an +opportunity, both parties thought, to win Kansas peaceably and stay the +threatened separation, but the northern methods of settling Kansas by +organized antislavery emigration from New England paralyzed the efforts of +the moderate "Union" southerners. Similar methods were attempted by the +South, and several colonies of emigrants were sent from Alabama;[14] but +by 1857 it was known that Kansas was lost. + +The great debate between William L. Yancey and Roger A. Pryor in the +Southern Commercial Convention held in Montgomery in May, 1858, showed +that the people of Alabama were then in advance of their political leaders +and were coming to the position long held by Yancey and the secessionists. +Pryor's position in favor of compromise and delay had the support of +nearly all the party leaders of Alabama; Yancey, always in disfavor with +party leaders, captured the convention with his policy of secession in +case of failure of redress of grievances. Secession was no longer a +doctrine to be condemned unless on the ground of expediency. Whig leaders +were now becoming Southern Rights Democrats. Many Democrats thought it was +time to force an issue and come to a settlement; this Yancey proposed to +do by demanding a repeal of all the laws against the slave trade because +they expressed a disapproval of slavery. If slavery were not wrong, then +the slave trade should not be denounced as piracy. Yancey had not the +slightest desire to reopen the slave trade, and knew that the North would +not consent to a repeal of the laws against it, yet he said the demand +should be made. He believed the demand to be legitimate, though sure to be +rejected. The national Democratic party would thus be divided and the +issue forced.[15] + +For any purpose of opposing the Yancey programme the Alabama "Union" men +were rendered helpless by the turn politics were taking in the North. The +formation out of the wreck of the old Whig party of the distinctly +sectional and radical Republican party, the attitude of the leaders of +that party, the talk about the "irrepressible conflict" and the "Union +cannot endure half slave and half free," the indorsement of the "Impending +Crisis" with its incendiary teachings, the effect of "Uncle Tom's Cabin" +on thousands who before had cared nothing about slavery, and finally the +raid of John Brown into Virginia,[16]--these were influences more powerful +toward uniting the people to resistance than all the speeches of State +Rights leaders on abstract constitutional questions. After 1856 the people +were in advance of their leaders. + +On January 11, 1860, the Democratic state convention unanimously adopted +resolutions favoring the Dred Scott decision as a settlement of the +slavery question. The delegation to the national nominating convention at +Charleston was instructed to withdraw in case these resolutions were not +accepted in substance as a part of the platform. At Charleston the +majority report of the committee on the platform sustained the Alabama +position. When the report was laid before the convention, a proposition +was made to set it aside for the minority report, which vaguely said +nothing. Yancey in a great speech delivered the ultimatum of the South, +the adoption of the majority report. The vote was taken and the South +defeated. L. Pope Walker[17] announced the withdrawal of the Alabama +delegation and the delegations from the other southern states +followed.[18] Both sections of the convention then adjourned to meet in +Baltimore. Influences for and against compromise were working, and it is +probable that a majority of the seceders would have harmonized had not the +Douglas organization declared the seats of the seceders vacant and +admitted delegates irregularly elected by Douglas conventions in the +South. After the damage was done, Yancey was pressed to take the +vice-presidency on the Douglas ticket.[19] Douglas was known to be in bad +health and Yancey was told that he might expect to be President within a +few months, if he accepted. But it was too late for further compromise, +and Yancey toured the North, speaking for Breckenridge. A State Rights +convention in Alabama indorsed the candidates of the seceded convention; a +convention of Douglas Democrats in Montgomery declared for Douglas; the +"Constitutional Union" party (the old Whigs and "Americans" or +"Know-nothings"), for Bell and Everett and old-fashioned conservative +respectability. During the campaign Douglas visited the state and was well +received, but aroused no enthusiasm, while Yancey was tumultuously +welcomed. + +[Illustration: A JOHN BROWN EXTRA.] + +As far back as February 24, 1860, the legislature had passed almost +unanimously a resolution concurring with South Carolina in regard to the +right and necessity of secession, and declaring that Alabama would not +submit to the domination of a "foul sectional party." In case of the +election of a "Black" Republican President a convention was to be called, +and $200,000 was appropriated for its use.[20] A committee was appointed +to reorganize the militia system of the state, and so important was the +work deemed that the committee was excused from all other duties. The +Senate declared that it was expedient to establish an arsenal, a firearms +factory, and a powder mill. A bill was passed to encourage the manufacture +of firearms in Alabama.[21] At this session seventy-four military +companies were incorporated and provision made for military schools.[22] + +[Illustration: ELECTION FOR PRESIDENT, 1860.] + +Elections returns were anxiously awaited.[23] It was certain that the +election of Lincoln and Hamlin would result in secession.[24] When the +news came the old "Union" leaders declared for secession and by noon of +the next day the "Union" party had gone to pieces. The leaders who had +opposed secession to the last--Watts, Clanton, Goldthwaite, Judge, and +Hilliard--now took their stand by the side of Yancey and declared that +Alabama must withdraw from the Union. Governor Moore, a very moderate man, +in a public speech said that no course was left but for the state to +secede, and with the other southern states form a confederacy. Public +meetings were held in every town and village to declare that Alabama would +not submit to the rule of the "Black Republican." A typical meeting held +in Mobile, November 15, 1860, arraigned the Republican party because: (1) +it had declared for the abolition of slavery in all territories and +Federal districts and for the abolition of the interstate slave trade; (2) +it had denied the extradition of murderers, marauders, and other felons; +(3) it had concealed and shielded the murderers of masters who had sought +to recover fugitive slaves; (4) it advocated negro equality and made it +the basis of legislation hostile to the South; (5) it opposed protection +of slave property on the high seas and had justified piracy in the case of +the _Creole_; (6) it had invaded Virginia and shed the blood of her +citizens on her own soil; and (7) had announced a policy of total +abolition.[25] In December, 1860, the Federal grand jury at Montgomery +declared the Federal government "worthless, impotent, and a nuisance," as +it had failed to protect the interests of the people of Alabama. The +presentment was signed by C. C. Gunter, foreman, and nineteen others.[26] + +Had the governor been willing to call a convention at once, secession +would have been almost unanimous; but delay caused the more cautious and +timid to reflect and gave the so-called "coöperationists" time to put +forth a platform. The leaders of the party of delay representing north +Alabama, the stronghold of radical democracy, were William R. Smith, M. J. +Bulger, Nicholas Davis, Jere Clemens, and Robert J. Jemison, all strong +men, but none of them possessing the ability of the secessionist leaders +or of the former "Union" leaders who had joined the secession party. But +secession was certain,--it was only a question as to how and when. By law +the governor was to call a convention in case the "Black Republican" +candidates were elected, and December 24, 1860, was fixed as the time for +election of delegates, and January 4, 1861, the time for assembly. + + +Separation of the Churches + +Before the political division in 1861 the religious division had already +occurred in the larger and in several of the smaller denominations. At the +close of 1861 every religious body represented in the South, except the +Roman Catholic church,[27] had been divided into northern and southern +branches. The political rather than the moral aspects of slavery had +finally led to strife in the churches. The southern churches protested +against the action of the northern religious bodies in going into +politics on the slavery question and thus causing endless strife between +the sections as represented in the churches. The response of the northern +societies to such protests resulted in the gradual alienation of the +southern members and finally in separation. The first division in Alabama +came in 1821, when the Associate Reformed Presbyterian church excluded +slaveholders from communion and thereby lost its southern members.[28] +Next came the separation of the two strongest Protestant denominations, +the Baptists and the Methodists. The southern Baptists were, as +slaveholders, excluded from appointment as missionaries, agents, or +officers of the Board of Foreign Missions, although they contributed their +full share to missions. The Alabama Baptist Convention in 1844 led the way +to separation with a protest against this discrimination. The Board stated +in reply that under no circumstances would a slaveholder be appointed by +them to any position. The Board of the Home Mission Society made a similar +declaration. The formal withdrawal of the southern state conventions +followed in 1844, and in 1845 the Southern Baptist Convention was +formed.[29] + +In the Methodist Episcopal church the conflict over slavery had long been +smouldering, and in 1844 it broke out in regard to the ownership of slaves +by the wife of Bishop Andrew of Alabama. The hostile sections agreed to +separate into a northern and a southern church, and a Plan of Separation +was adopted. This was disregarded by the northern body and the question of +the division of property went to the courts. The United States Supreme +Court finally decided in favor of the southern church. From these troubles +angry feelings on both sides resulted. The southern church took the name +of the Methodist Episcopal Church South; the northern church retained the +old name.[30] + +In 1858, the northern conferences of the Methodist Protestant Church, +having failed to change the constitution of the church in regard to +slavery, withdrew, and uniting with a number of Wesleyan Methodists, +formed the Methodist Church.[31] + +The Southern Aid Society was formed in New York in 1854 for mission work +in the South because it was generally believed that the American Home +Mission Society was allied with the abolitionists, and because the latter +society refused to aid any minister or missionary who was a slaveholder. +In Alabama the Southern Aid Society worked principally among the +Presbyterians of north Alabama.[32] + +The Presbyterians (N.S.) separated in 1858 "on account of politics," and +the southern branch formed the United Synod South.[33] The East Alabama +Presbytery (O.S.) in 1861 supported the Presbytery of Memphis in a protest +against the action of the General Assembly of the church in entering +politics. The Presbytery of South Alabama (O.S.) met at Selma in July, +1861, severed its connection with the General Assembly, and recommended a +meeting of a Confederate States Assembly. This Assembly was held at +Augusta and formed the Presbyterian Church in the Confederate States of +America. A long address was published, setting forth the causes of the +separation, the future policy of the church, and its attitude towards +slavery. It declared that the northern section of the church with its +radical policy was playing into the hands of both slaveholders and +abolitionists and thus weakening its influence with both. "We," the +address stated, "in our ecclesiastical capacity are neither the friends +nor foes of slavery." As long as they were connected with the radical +northern church the southern Presbyterians felt that they would be +excluded from useful work among the slaves by the suspicions of the +southern people concerning their real intentions.[34] + +The Christian church was divided in 1854. During the war the southern +synods of the Evangelical Lutherans withdrew and formed the General Synod +South. There were few members of these churches in Alabama.[35] + +The Cumberland Presbyterians, though separated by the war, seem not to +have formally established an independent organization in the Confederate +States. A convention was called to meet at Selma in 1864, but nothing +resulted.[36] + +In May, 1861, the Protestant Episcopal Convention of Alabama declared null +and void that part of the constitution of the diocese relating to its +connection with the church in the United States. Instead of the President +of the United States, the Governor of Alabama, and later, the President of +the Confederate States, was prayed for in the formal prayer. Bishop Cobbs, +a strong opponent of secession, died one hour before the secession of the +state was announced. Rev. R. H. Wilmer, a Confederate sympathizer, was +elected to succeed him.[37] In July the bishops of the southern states met +in Montgomery to draft a new constitution and canons. A resolution was +passed stating that the secession of the southern states from the Union +and the formation of a new government rendered it expedient that the +dioceses within those states should form an independent organization. The +new constitution was adopted in November, 1861, by a general convention, +and the Protestant Episcopal Church in the Confederate States was +formed.[38] And thus the religious ties were broken. + + * * * * * + +Business had also become sectionalized by 1861. The southern states felt +keenly their dependence upon the states of the North for manufactures, +water transportation, etc. For two decades before the war the southern +newspapers agitated the question and advocated measures that would tend to +secure economic independence of the North. As an instance of the feeling, +many of the educators of the state were in favor of using only those +text-books written by southern men and printed in the South. Professor A. +P. Barnard[39] of the University of Alabama was strenuously in favor of +such action. He declared that nothing ought to be bought from the North. +From 1845 to 1861, fifteen "Commercial Conventions" were held in the +South, largely attended by the most prominent business men and +politicians. The object of these conventions was to discuss means of +attaining economic independence. + +When Alabama withdrew from the Union in 1861, no bonds were broken. +Practically the only bond of Union for most of the people had been in the +churches; to the Washington government and to the North they had never +become attached. The feelings of the great majority of the people of the +state are expressed in the last speech of Senator C. C. Clay of north +Alabama in the United States Senate. It had been forty-two years, he said, +since Alabama had entered the Union amidst scenes of excitement and +violence caused by the hostility of the North against the institution of +slavery in the South (referring to the conflict over Missouri). In the +churches, southern Christians were denied communion because of what the +North styled the "leprosy of slavery." In violation of Constitution and +laws southern people were refused permission to pass through the North +with their property. The South was refused a share in the lands acquired +mainly by her diplomacy, blood, and treasure. The South was robbed of her +property and restoration was refused. Criminals who fled North were +protected, and southern men who sought to recover their slaves were +murdered. Southern homes were burned and southern families murdered. This +had been endured for years, and there was no hope of better. The +Republican platform was a declaration of war against the South. It was +hostile to domestic peace, reproached the South as unchristian and +heathenish, and imputed sin and crime to that section. It was a strong +incitement to insurrection, arson, and murder among the negroes. The +southern whites were denied equality with northern whites or even with +free negroes, and were branded as an inferior race. The man nominated for +President disregarded the judgment of courts, the obligations of the +Constitution, and of his oath by declaring his approval of any measure to +prohibit slavery in the territories of the United States. The people of +the North branded the people of the South as outlaws, insulted them, +consigned them to the execration of posterity and to ultimate destruction. +"Is it to be expected that we will or can exercise that Godlike virtue +that beareth all things, believeth all things, hopeth all things, +endureth all things; which tells us to love our enemies, and bless them +that curse us? Are we expected to be denied the sensibilities, the +sentiments, the passions, the reason, the instincts of men?" Have we no +pride, no honor, no sense of shame, no reverence for ancestors and care +for posterity, no love of home, of family, of friends? Are we to confess +baseness, discredit the fame of our sires, dishonor ourselves and degrade +posterity, abandon our homes and flee the country--all--all--for the sake +of the Union? Shall we live under a government administered by those who +deny us justice and brand us as inferiors? whose avowed principles and +policy must destroy domestic tranquillity, imperil the lives of our wives +and children, and ultimately destroy the state? The freemen of Alabama +have proclaimed to the world that they will not.[40] + + + + +CHAPTER II + +SECESSION FROM THE UNION + + +On November 12, 1860, a committee of prominent citizens, appointed by a +convention of the people of several counties, asked the governor whether +he intended to call the state convention immediately after the choice of +presidential electors or to wait until the electors should have chosen the +President. They also asked to be informed of the time he intended to order +an election of delegates to the convention.[41] Governor Moore replied +that a candidate for the presidency was not elected until the electors +cast their votes, and until that time he would not call a convention. The +electors would vote on December 5, and as he had no doubt that Lincoln +would be elected, he would then order an election for December 24, and the +convention would assemble in Montgomery on January 7, 1861. The date, he +said, was placed far ahead in order that the people might have time to +consider the subject. He summed up the situation as follows: Lincoln was +the head of a sectional party pledged to the destruction of slavery; the +non-slaveholding states had repeatedly resisted the execution of the +Fugitive Slave Law, even nullifying the statutes of the United States by +their laws intended to prevent the execution of the Fugitive Slave Law; +Virginia had been invaded by abolitionists and her citizens murdered; +emissaries had burned towns in Texas; and in some instances poison had +been given to slaves with which to destroy the whites. With Lincoln as +President the abolitionists would soon control the Supreme Court and then +slavery would be abolished in the Federal district and in the territories. +There would soon be a majority of free states large enough to alter the +Constitution and to destroy slavery in the states. The state of society, +with four million negroes turned loose, would be too horrible to +contemplate, and the only safety for Alabama lay in secession, which was +within her right as a sovereign state. The Federal government was +established for the protection and not the destruction of rights; it had +only the powers delegated by the states and hence had not the power of +coercion. Alabama was devoted to the Union, but could not consent to +become a degraded member of it. The state in seceding ought to consult the +other southern states; but first she must decide for herself, and +coöperate afterwards. The convention, the governor said, would not be a +place for the timid or the rash. Men of wisdom and experience were needed, +men who could determine what the honor of the state and the security of +the people demanded, and who had the moral courage to carry out the +dictates of their honest judgment. + +The proclamation, ordering an election on Christmas Eve and the assembly +of the convention at Montgomery, on January 7, 1861, was issued on +December 6, the day after the choice of Lincoln by the electors. On +January 7, every one of the one hundred delegates was present. It was a +splendid body of men, the best the people could send. + +There were the "secessionists," who wanted immediate and separate +secession of the state without regard to the action of the other southern +states; the "coöperationists," who were divided among themselves, some +wanting the coöperation of the southern states within the Union in order +to force their rights from the central government, and others wanting the +southern states to come to an agreement within the Union and then secede +and form a confederacy, while a third class wanted a clear understanding +among the cotton states before secession. It was said that there were a +few "submissionists," but the votes and speeches fail to show any. + +At first both parties claimed a majority, but before the convention opened +it was known that the larger number were secessionists. A test vote on the +election of a presiding officer showed the relative strength of the +parties. William M. Brooks of Perry was elected over Robert Jemison of +Tuscaloosa by a vote of 54 to 46, north Alabama voting for Jemison, +central and south Alabama for Brooks. And thus the parties voted +throughout the convention. + +It is probable that the majority of the delegates were formerly Whigs, and +a majority of them was still hostile to Yancey, who was the only prominent +agitator elected. His colleague, from Montgomery County, was Thomas H. +Watts, formerly a Whig. Other prominent secessionists were J. T. Dowdell, +John T. Morgan, Thomas H. Herndon, E. S. Dargan, William M. Brooks, and +Franklin K. Beck. The opposition leaders were William R. Smith, Robert +Jemison, M. J. Bulger, Nicholas Davis, Jeremiah Clemens, Thomas J. +McClellan, and David P. Lewis. Yancey, Morgan, and Watts excepted, the +opposition had the more able speakers and debaters and the more political +experience. The advantage of representation was with the white counties, +which sent 70 of the 100 delegates. + +[Illustration: PARTIES IN SECESSION CONVENTION] + +When the convention settled down to work, the grievances of the South had +no important place in the discussions. The little that was said on the +subject came from the coöperationists and that only incidentally. There +was a genuine fear of social revolution brought about by the Republican +programme, but the secessionists had been stating their grievances for +twenty years and were now silent.[42] All seemed to agree that the present +state of affairs was unbearable, and that secession was the only remedy. +The only question was, How to secede? To decide that question the leaders +of each party were placed on the Committee on Secession. A majority of the +convention was in favor of immediate, separate secession. They held the +logical state sovereignty view that the state, while a member of the +Union, should not combine with another against the government or the party +controlling it. Such a course would be contrary to the Constitution and +would be equivalent to breaking up the Union while planning to save it. As +a sovereign state, Alabama could withdraw from the Union, and hence +immediate, separate secession was the proper method. Then would follow +consultation and coöperation with the other seceded southern states in +forming a southern confederacy. From the first it was known that the +secessionists were strong enough to pass at once a simple ordinance of +withdrawal. They said but little because their position was already well +understood. The people were now more united than they would be after long +debates and outside influence. Yet, for policy's sake, and in deference to +the feelings of the minority, the latter were allowed to debate for four +days before the question at issue was brought to a vote. In that time they +had about argued themselves over to the other side. With the exception of +Yancey, the secessionists were silent until the ordinance was passed. The +first resolution declared that the people of Alabama would not submit to +the administration of Lincoln and Hamlin. Both parties voted unanimously +for this resolution.[43] + +The coöperationists were determined to resist Republican rule, but did not +consider delay dangerous. Some doubtless thought that in some way Lincoln +could be held in check and the Union still be preserved, and a number of +them were doubtless willing to wait and make another trial. It was known +that an ordinance of secession would be passed as soon as the +secessionists cared to bring the question to a vote, but for four days the +Committee on Secession considered the matter while the coöperationists +made speeches.[44] On January 10 the committees made two reports. The +majority report, presented by Yancey, simply provided for the immediate +withdrawal of the state from the Union. The minority report, presented by +Clemens, was in substance as follows: We are unable to see in separate +state secession the most effectual mode of guarding our honor and securing +our rights. This great object can best be attained by concurrent and +concentrated action of all the states interested, and such an effort +should be made before deciding finally upon our own policy. All the +southern states should be requested to meet in convention at Nashville, +February 22, 1861, to consider wrongs and appropriate remedies. As a basis +of settlement such a convention should consider: (1) the faithful +execution of the Fugitive Slave Law and the repeal of all state laws +nullifying it; (2) more stringent and explicit provisions for the +surrender of criminals escaping into another state; (3) guarantees that +slavery should not be abolished in the Federal district or in any other +place under the exclusive jurisdiction of Congress; (4) non-interference +with the interstate slave trade; (5) protection of slavery in the +territories which, when admitted as states, should decide for themselves +the question of slavery; (6) right of transit through free states with +slave property; (7) the foregoing to be irrepealable amendments to the +Constitution. This basis of settlement was not to be regarded as absolute, +but simply as the opinion of the Alabama convention, to which its +delegates to the proposed convention were expected to conform as nearly as +possible. Secession should not be attempted except after the most thorough +investigation and discussion.[45] + +The secessionists were of one mind in regard to secession and did not +debate the subject; the coöperationists--all from north Alabama--were +careful to explain their views at length in their speeches of opposition. +Bulger (c.)[46] of Tallapoosa thought that separate secession was unwise +and impolitic, but that an effort should be made to secure the +coöperation of the other southern states before seceding. To this end he +proposed a convention of the southern states to consider the grievances of +the South and to determine the mode of relief for the present and security +for the future, and, should its demands not be complied with, to determine +upon a remedy. + +Clark (c.) of Lawrence denied the right of separate secession, which would +not be a remedy for existing evils. The slavery question would not be +settled but would still be a vital and ever present issue. Separate +secession would revolutionize the government but not the northern feeling, +would not hush the pulpits, nor calm the northern mind, nor purify Black +Republicanism. The states would be in a worse condition politically than +the colonies were before the Constitution was adopted. The border states +would sell their slaves south and become free states; separate secession +would be the decree of universal emancipation. A large majority of the +people were opposed to separate secession, and besides, the state alone +would be weak and at the mercy of foreign powers. The proper policy for +Alabama was to remain in a southern union, at least, with the border +states for allies. Would secession repeal "personal liberty" laws, return +a single fugitive slave, prevent abolition in the Federal district and +territories, or the suppression of interstate slave trade? By secession +Alabama would relinquish her interest in the Union and leave it in the +control of Black Republicans. It would be almost impossible to unite the +southern states after separate secession--as difficult as it was to form +the original Union. The only hope for peaceable secession was in a united +South, and now was the time for it, for southern sentiment, though opposed +to separate secession, was ripe for southern union. The "United South" +would possess all the requirements of a great nation--territory, +resources, wealth, population, and community of interests. Separate +secession would result in the deplorable disasters of civil war. He hoped +that even yet some policy of reconciliation might succeed, but if the +contrary happened, there should be no scruples about state sovereignty; +the United South would assert the God-given right of every community to +freedom and happiness. Jones (c.) of Lauderdale declared that it was a +great mistake to call his constituents submissionists, since time after +time they had declared that they would not submit to Black Republican +rule. They differed as to the time and manner of secession, believing +that hasty secession was not a proper remedy, that it was unwise, +impolitic, and discourteous to the border states. + +Smith of Tuscaloosa, the leader of the coöperationists,[47] read the +platform upon which he was elected to the convention; which, in substance, +was to use all honorable exertions to secure rights in the Union, and +failing, to maintain them out of the Union. Allegiance, he went on to say, +was due first to the state, and support was due her in any course she +might adopt. If an ordinance of secession should be passed, it would be +the supreme law of the land. Kimball (c.) of Tallapoosa said that his +constituents were opposed to secession, but were more opposed to Black +Republicanism. Before taking action he desired a solid or united South. He +agreed with General Scott that with a certain unanimity of the southern +states it would be impolitic and improper to attempt coercion. To secure +the coöperation of the southern states and to justify themselves to the +world a southern convention should be called. However, rights should be +maintained even if Alabama had to withdraw from the Union. + +Watkins (c.) of Franklin stated that he would vote against the ordinance +of secession in obedience to the will of the people he represented. He +believed that separate secession was wrong. Edwards (c.) of Blount said +that secession was unwise on the part of Alabama, while Beard (c.) of +Marshall thought the best, safest, and wisest course would be to consult +and coöperate with the other slave states. He favored resistance to Black +Republican rule, and his constituents, though desiring coöperation, would +abide by the action of the state. + +Bulger (c.) of Tallapoosa stated that he had voted against every +proposition leading to immediate and separate secession. Yet he would give +to the state, when the ordinance was passed, his whole allegiance; and, if +any attempt were made to coerce the state, would join the army.[48] +Winston (c.) of De Kalb stated that his constituents were opposed to +immediate secession, yet they would, no doubt, acquiesce. He had written +to his son, a cadet at West Point, to resign and come home. A convention +of the slave states should be called to make an attempt to settle +difficulties. Davis (c.) of Madison, who had stoutly opposed separate +secession, now declared that since the meeting of the convention serious +changes had occurred. Several states had already seceded and others would +follow. Consequently Alabama would not be alone. Clemens (cs.) of Madison +said he would vote for secession, but would not do so if the result +depended upon his vote. He strongly preferred the plan proposed by the +minority of the committee on secession. + +During the debates there was not a single strong appeal for the Union. +There was simply no Union feeling, but an intense dislike for the North as +represented by the Republican party. The coöperationists contemplated +ultimate secession. They wished to make an attempt at compromise, but they +felt sure that it would fail. Their plan of effecting a united South +within the Union was clearly unconstitutional and could only be regarded +as a proposition to break up the old Union and reconstruct a new one.[49] + + +Political Theories of the Members + +The secessionists held clear, logical views on the question before them. +They clearly distinguished the "state" or "people" from "government." No +secessionist ever claimed that the right of secession was one derived from +or preserved by the Constitution; it was a sovereign right. Granted the +sovereignty of the state, the right to secede in any way at any time was, +of course, not to be questioned. Consequently, they said but little on +that point. + +The coöperationists were vague-minded. Most of them were stanch believers +in state sovereignty and opposed secession merely on the ground of +expediency. A few held a confused theory that while the state was +sovereign it had no right to secede unless with the whole South. This view +was most strongly advocated by Clark of Lawrence. Separate secession was +not a right, he said, though he admitted the sovereignty of the state. To +secede alone would be rebellion; not so, if in company with other southern +states. Earnest (c.) of Jefferson said that the state was sovereign, and +that after secession any acts of the state or of its citizens to protect +their rights would not be treason. But unless the state acted in its +sovereign capacity, it could not withdraw from the Union, and her +citizens would be subject to the penalties of treason.[50] Sheffield (c.) +of Marshall believed in the right of "secession or revolution." Clemens of +Madison, elected as a coöperationist, said that in voting for secession he +did it with the full knowledge that in secession they were all about to +commit treason, and, if not successful, would suffer the pains and +penalties pronounced against the highest political crime. Acting "upon the +convictions of a lifetime" he "calmly and deliberately walked into +revolution."[51] + +The coöperationists were generally disposed to deny the sovereignty of the +convention. Most of them were former Whigs, who had never worked out a +theory of government. Davis (c.) of Madison repeatedly denied that the +convention had sovereign powers; sovereignty, he said, was held by the +people. Clark (c.) of Lawrence complained that the convention was +encroaching upon the rights of the people whom it should protect, and +asserted it did not possess unlimited power, but that its power was +conferred by act of the legislature, which created only a general agency +for a special purpose; that the convention had no power to do more than +pass the ordinance of secession and acts necessary thereto. Smith (c.) +said that the convention was the creature of the legislature, not of the +people, and that the southern Congress was the creature of the convention. +Buford (s.) of Barbour[52] doubted whether the convention possessed +legislative powers. According to his views, political or sovereign power +was vested in the people; the convention was not above the constitution +which created the legislature. Watts (s.) of Montgomery believed that the +power of the convention to interfere with the constitution was confined to +such changes as were necessary to the perfect accomplishment of secession. +Yelverton (s.) of Coffee summed up the theory of the majority: the +convention had full power and control over the legislative, executive, and +judiciary; the people were present in convention in the persons of their +representatives and in them was the sovereignty, the power, and the will +of the state. This was the theory upon which the convention acted. + + +Passage of the Ordinance of Secession + +On January 11, 1861, Yancey spoke at length, closing the debate on the +question of secession. Referring to the spirit of fraternity that +prevailed, he stated that irritation and suspicion had, in great degree, +subsided. The majority had yielded to the minority all the time wanted for +deliberation, and every one had been given an opportunity to record his +sentiments. The question had not been pressed to a vote before all were +ready. Though preferring a simple ordinance of secession, the majority +had, for the sake of harmony and fraternal feeling, yielded to amendment +by the minority. All, he said, were for resistance to Republican rule, and +differed only as to the manner of resistance. Some believed in secession, +others in revolution. The ordinance might mean disunion, secession, or +revolution, as the members preferred. The mode was organized coöperation, +not of states, but of the people of Alabama, in resistance to wrong. Yet +the ordinance provided for coöperation with other states upon the basis of +the Federal Constitution. Every effort, he said, had been made to find +common ground upon which the advocates of resistance might meet, and all +parties had been satisfied. This was not a movement of the politicians, +but a great popular movement, based upon the widespread, deep-seated +conviction that the government had fallen into the hands of a sectional +majority who were determined to use it for the destruction of the rights +of the South. All were driven by an irresistible tide; the minority had +been unable to repress the movement, the majority had not been able to add +one particle to its momentum; in northern, not in southern, hands was held +the rod that smote the rock from which flowed this flood. + +Some, he said, concluded that by dissolving the Union the rich inheritance +bequeathed by the fathers was hazarded. But liberties were one thing, the +power of government delegated to secure them was another. Liberties were +inalienable, and the state governments were formed to secure them; the +Federal government was the common agent, and its powers should be +withdrawn when it abused them to destroy the rights of the people. This +movement was not hostile to liberty nor to the Federal Constitution, but +was merely a dismissal of an unfaithful agent. The state now resumed the +duties formerly delegated to that agent. The ordinance of secession was a +declaration of this fact and also a proposition to form a new +government similar to the old. All were urged to sign the ordinance, not +to express approval, but to give notice to their enemies that the people +were not divided. "I now ask that the vote may be taken," he said. + +[Illustration: CIVIL WAR LEADERS. + +ALEXANDER HAMILTON STEPHENS. + +WILLIAM LOWNDES YANCEY. + +GENERAL L. P. WALKER, First Confederate Secretary of War. President of +Convention of 1875. + +WILLIAM R. SMITH, Leader of Coöperationists in 1861. + +JERE CLEMENS.] + +The ordinance was called up. It was styled "An Ordinance to dissolve the +Union between Alabama and other States united under the Compact styled +'The Constitution of the United States of America.'" The preamble stated +that the election of Lincoln and Hamlin by a sectional party avowedly +hostile to the domestic institutions, peace, and security of Alabama, +preceded by many dangerous infractions of the Constitution by the states +and people of the North, was a political wrong of so insulting and +menacing a character as to justify the people of Alabama in the adoption +of prompt and decided measures for their future peace and security. The +ordinance simply stated that Alabama withdrew from the Union and that her +people resumed the powers delegated by the Constitution to the Federal +government. A coöperationist amendment expressed the desire of the people +to form with the other southern states a permanent government, and invited +a convention of the states to meet in Montgomery on February 4, 1861, for +consultation in regard to the common safety. The ordinance was passed by a +vote of 69 to 31, every delegate voting. Fifteen coöperationists voted for +secession and 22 signed the ordinance. + +In the convention opinions varied as to whether peace or war would follow +secession. The great majority of the members, and of the people also, +believed that peaceful relations would continue. All truly wished for +peace. A number of the coöperationists expressed themselves as fearing +war, but this was when opposing secession, and they probably said more +than they really believed. Yet in nearly all the speeches made in the +convention there seemed to be distinguishable a feeling of fear and dread +lest war should follow. However, had war been a certainty, secession would +not have been delayed or checked. + +There was warm discussion on the question of submitting the ordinance to +the people for ratification or rejection. The coöperationists, both before +and after the passage of the ordinance, favored its reference to the +people in the hope that the measure would be delayed or defeated. No one +expected that it would be referred to the people, but this was a good +question for obstructive purposes. The minority report on secession +declared that, in a matter of such vital importance, involving the lives +and liberties of a whole people, the ordinance should be submitted to them +for their discussion, and that secession should be attempted only after +ratification by a direct vote of the people on that single issue. + +Posey (c.) of Lauderdale said that his constituents expected the question +of secession to be referred to the people, and that they would submit more +willingly to a decision made by popular vote; that the ordinance was +objectionable to them unless they were allowed to vote on it. He further +stated that when the convention had refused to submit the ordinance to the +popular vote, the first impulse of some of the coöperationists had been to +"bolt the convention." However, not being responsible, they preferred to +remain and aid in providing for the emergencies of the future. Kimbal (c.) +of Tallapoosa said that the people were the interested parties, that +sovereignty was in the people, and that they ought to decide the question. +Edwards (c.) of Blount said that his constituents expected the ordinance +to be referred to them and had instructed him to use his best exertions to +secure reference to the people. Bulger (c.) of Tallapoosa voted against +all propositions looking toward secession without reference to the people. +Davis (c.) of Madison denied the sovereignty of the convention. He said +that the vote of the people might be one way and that of the convention +another. He believed that the majority in convention represented a +minority of the people. + +In closing the debate on this subject, Yancey (s.) of Montgomery said +that, as a measure of policy, to submit the ordinance to a vote of the +people was wrong. The convention was clothed with all the powers of the +people; it was the people acting in their sovereign capacity; the +government was not a pure democracy, but a government of the people, +though not by the people. Historically the convention was the supreme +power in American political theory, and submission to the people was a new +doctrine. If the ordinance should be submitted to the people, the friends +of secession would triumph, but irritation and prejudice would be aroused. +Yancey's views prevailed. + + +Establishing the Confederacy + +A number of the coöperationists professed to believe that secession would +result in disintegration and anarchy in the South. The secessionists were +accused of desiring to tear down, not to build up. These assertions were, +in fact, unfounded, since, during the entire debate, those favoring +immediate secession stated plainly that they expected to reunite with the +other southern states after secession. Williamson (s.) of Lowndes said +that to declare to the world that they were not ready to unite with the +other slave states in a permanent government would be to act in bad faith +and subject themselves to contempt and scorn; united action was necessary; +financial and commercial affairs were in a deplorable condition; +confidence was lost, and in the business world all was gloom and +despair--this could be remedied only by a permanent government. Whatley +(s.) of Calhoun was unwilling for it to be said by posterity that they +tore down the old government and failed to reconstruct a new; the cotton +states should establish a government modelled on the Federal Union. + +In accordance with these views the ordinance of secession proposed a +convention of southern states, and a few days later a resolution was +passed approving the suggestion of South Carolina to form a provisional +government upon the plan of the old Union and to prepare for a permanent +government. Each state was to send as many delegates to the convention on +February 4 as it had had senators and representatives in Congress. The +Alabama convention (January 16) elected one deputy from each congressional +district and two from the state at large, most of them being +coöperationists or moderate secessionists. + +Yancey, on January 16, read a unanimous report from the Committee on +Secession in favor of forming a provisional confederate government at +once. The report also stated that the people of Alabama had never been +dissatisfied with the Constitution of the United States; that their +dissatisfaction had been with the conduct of the northern people in +violating the Constitution and in dangerous misinterpretation of it, +causing the belief that, while acting through the forms of government, +they intended to destroy the rights of the South. The Federal +Constitution, the report declared, represented a complete scheme of +government, capable of being put into speedy operation, and was so +familiar to the people that when properly interpreted they would feel safe +under it. A speedy confederation of the seceded states was desirable, and +there was no better basis than the United States Constitution. The report +recommended the formation, first, of a provisional, and later, of a +permanent, government. The secessionists warmly advocated the speedy +formation of a new confederacy. The coöperationists renewed their policy +of obstruction. Jemison (c.) of Tuscaloosa proposed to strike out the part +of the resolution relating to the formation of a permanent government. +Another coöperationist wanted delay in order that the border states might +have time to take part in forming the proposed government. Others wanted +the people to elect a new convention to act on the question. Yancey +replied that delay was dangerous, if coercion was intended by the North; +that the issue had been before the people and that they had invested their +delegates with full power; that the convention then in session had ample +authority to settle all questions concerning a provisional or a permanent +government; that another election would only cause irritation; that delay, +waiting for the secession of the border states, would be suicidal. The +proposition for a new convention was lost by a vote of 53 to 36. + +The convention decided to continue the work until the end. After choosing +delegates (January 16) to the southern convention, which was to meet in +Montgomery on February 4, the state convention adjourned until the +Confederate provisional government was planned and the permanent +constitution written. Then the state convention met again on March 4 to +ratify them. The coöperationists now proposed that the new plan of +government be submitted to the people. It was right and expedient, they +said, to let the people decide. Morgan[53] (s.) of Dallas said that the +proposition for ratification by direct vote of the people was absurd. The +people would never ratify, for too many unrelated questions would be +brought in. Dargan (s.) of Mobile said that the people had conferred upon +the convention full powers to act, and that a new election would harass +the candidates with new issues such as the slave trade, reconstruction, +etc., introduced by the opponents of secession. Stone (s.) of Pickens +thought that a new election would cause angry and bitter discussions, +wrangling, distrust, and division among the people; that the proposed +constitution was very like the United States Constitution, to which the +people were so devoted that they had given up the Union rather than the +Constitution; that Lincoln's inaugural address was a declaration of war, +and a permanent government was necessary to raise money for armies and +fleets. Still the coöperationists obstructed, saying that not to refer to +the people was unfair and illiberal; that the convention was usurping the +powers of the people, who desired to be heard in the matter; that +government by a few was like a house built on the sand; that there was no +danger in waiting, for the people would be sure to ratify and then would +be better satisfied, etc. Finally most of the coöperationists agreed that +it would be better not to refer the question to the people and the +permanent Confederate constitution was ratified on March 12 by the vote of +87 to 5.[54] + +For the first time Yancey stood at the head of the people of the state. +They were ready to give him any office. But the coöperationists and a few +secessionist politicians in the convention were jealous of his rising +strength and desired to stay his progress. So Earnest (c.) of Jefferson +introduced a self-denying resolution making ineligible to election to +Congress the members of the state legislature and of the convention. It +was a direct attack by the dissatisfied politicians upon the prominent men +in the convention, and especially upon Yancey. The measure was supported +by Jemison (c.) who said that it was a practice never to elect a member of +a legislative body to an office created by the legislature. Clemens (cs.) +thought such a measure unnecessary, as the majority necessary to pass it +could defeat any undesirable candidate. Stone (s.) said that such a +resolution would cost the state the services of some of her best men when +most needed; that the best men were in the convention; and that the +southern Confederacy should be intrusted to the friends, not to the +enemies, of secession. Morgan (s.) of Dallas thought that, as a matter of +policy, the congressmen would be chosen from outside of the convention. +Bragg (s.) of Mobile wanted the best men regardless of place; this was no +ordinary work and the best men were needed; the people had already made a +choice of the members once and would approve them again. Yancey said that +in principle he was opposed to such a measure. He declared that he would +not be a candidate. But he believed that the people had a right to a +choice from their entire number, and that the convention had no right to +violate the equality of citizenship by disfranchising the 223 members of +the convention and the legislature. Yelverton (s.) of Coffee at first +favored the resolution, but upon discovering that it was aimed at a few +leaders and especially at Yancey, he opposed it. He did not wish the +leaders of secession to be proscribed. + +The resolution was lost by a vote of 46 to 50, but the delegates sent to +the Provisional Congress were, with one exception, taken from outside the +convention. A few politicians among the secessionists united with the +coöperationists and, passing by the most experienced and able leaders, +chose an inexperienced Whiggish delegation.[55] + + +The African Slave Trade + +The Committee on Foreign Relations reported that the power of regulating +the slave trade would properly be conferred upon the Confederate +government, but, meanwhile, believing that the slave trade should be +prohibited until the Confederacy was formed, the committee reported an +ordinance forbidding it. Morgan (s.) of Dallas opposed the ordinance +because it was silent as to the cause of the prohibition. He was opposed +to the slave trade on the ground of public policy. If at liberty to carry +out Christian convictions, he would have Africans brought over to be made +Christian slaves, the highest condition attainable by the negro. In +holding slaves, the South was charged with sin and crime, but the southern +people were unable to perceive the wrong and unwilling to cease to do what +the North considered evil. The present movement rested, in great measure, +upon their assertion of the right to hold the African in slavery. The laws +of Congress denouncing the slave trade as piracy had been a shelter to +those who assailed the South, and had affected the standing of the South +among nations. If the slave trade were wrong, then it was much worse to +bring Christian and enlightened negroes from Virginia to Alabama than a +heathen savage from Africa to Alabama. Slavery was the only force which +had ever been able to elevate the negro. He believed that on grounds of +public policy the traffic should be condemned, but it was a question +better left to the Confederate government, because the various states +would not make uniform laws. There were slaves enough for twenty years +and, when needed, more could be had. Reopening of the African slave trade +should be forbidden by the Confederate government expressly for reasons of +public policy. + +Smith (c.) of Tuscaloosa said that the question of morality did not arise; +the slave trade was not wrong. The heathen African was greatly benefited +by the change to Christian Alabama. But no more negroes were needed; they +were already increasing too fast and there was no territory for extension. +Crowded together, the white and black might degenerate like the Spaniards +and natives in Mexico. He supported the ordinance as a measure to disarm +foes who charged that one of the reasons for secession was a desire to +reopen the African slave trade, which should be denied to the world. The +slave trade would lead to war, and "If Cotton is King, his throne is +peace," war would destroy him. Jones (c.) of Lauderdale did not want +another negro on the soil of Alabama. The people of the border states were +afraid that the cotton states would reopen the slave trade, but for the +sake of uniformity the question should be left to the Confederate +government. Posey (c.) of Lauderdale also thought the border states should +be reassured, and said that on the grounds of expediency alone he would +vote against the slave trade. There were already too many negroes; already +more land was needed, and that for whites. The slave trade should be +prohibited as a great evil to the South. Potter (c.) of Cherokee was +astonished that the slave trade and slavery were treated as if identical +in point of morality. It was a duty to support and perpetuate slavery; the +slave trade was immoral in its tendency and effects; the question, +however, should be settled on the grounds of policy alone. + +Yelverton (s.) of Coffee[56] said that the slave trade should not now be +reopened nor forever closed, but that the regulation of it should be left +to the legislature. It was said that the world was against the South on +the slavery question; then the South should either own all the slaves, or +set them all free in deference to unholy prejudice. As the southern people +were not ready to surrender the negroes, they should be at liberty to buy +them in any market, subject simply to the laws of trade. Slavery was the +cause of secession and should not be left in doubt. A slave in Alabama +cost eight times as much as one imported from Africa. If the border states +entered the Confederacy, they could furnish slaves; if they remained in +the Union and thus became foreign country, the South should not be forced +to buy from them alone. Slavery was a social, moral, and political +blessing. The Bible sanctioned it, and had nothing to say in favor of it +in one country and against it in another. To restrict the slave market to +the United States would be a blow at states rights and free trade, and +with slavery stricken, King Cotton would become a petty tyrant. Slavery +had built up the Yankees, socially, politically, and commercially. The +English were a calculating people and would not hesitate, on account of +slavery, to recognize southern independence, and other nations would do +likewise. Expansion of territory would come and would cause an increased +demand for slaves. The arguments against the slave trade, he said, were +that fanaticism might be angered, that there were too many negroes +already, and that those who had slaves to sell might suffer from reduced +prices. But the larger part of the people would prefer to purchase in a +cheaper market, and non-slaveholders, as they grew wealthier, could become +slave owners. The argument against the slave trade, he added, was usually +the one of dollars and cents. The great moral effect was lost sight of, +and it seemed from some arguments that Christianity did not require the +Bible to be taught to the poor slave unless profit followed. The time was +not far distant when the reopening of the slave trade would be considered +essential to the industrial prosperity of the cotton states. + +Stone (s.) of Pickens said that he would not hesitate, from moral reasons, +to purchase a slave anywhere. Slavery was sanctioned by the divine law; it +was a blessing to the negro. But on grounds of policy he would insist upon +the prohibition of the slave trade. Too many slaves would make too much +cotton; prices would then fall and weaken the institution. Keep the prices +high, and the institution would be strengthened; reduce the value of the +slaves, and the interest of the owners in the institution would be +reduced, and the border states would listen to plans for general +emancipation. There was no territory in which slavery could expand. + +Yancey (s.) explained his course in the Southern Commercial Conventions in +preceding years when he had advocated the repeal of the laws against the +slave trade. He thought that the laws of Congress defining the slave +trade as piracy placed a stigma on the institution, condemned it from the +point of view of the government, and thus violated the spirit of the +Constitution by discriminating against the South. He did not then advocate +the reopening of the slave trade, nor would he do so at this time. For two +reasons he insisted that the Confederate Congress should prohibit the +slave trade: (1) already there were as many slaves as were needed; (2) to +induce the border states to enter the Confederacy. + +Dowdell (s.) of Chambers proposed an amendment to the ordinance of +prohibition, declaring that slavery was a moral, social, and political +blessing, and that any attempt to hinder its expansion should be opposed. +He opposed reopening the slave trade, though he considered that there was +no moral distinction between slavery and the slave trade. The border +states, he said, need not be encouraged by declarations of policy; they +would join the Confederacy anyway. Slavery might be regulated by Congress, +but should not be prohibited by organic law. He expressed a wish that he +might never see the day when white immigration would drive out slave labor +and take its place, nor did he want social or political inequality among +white people whom he believed should be kept free, independent, and equal, +recognizing no subordinate except those made as such by God. The +legislature, he thought, should be left to deal with the evil of white +immigration from the North, so that the southern people might be kept a +slaveholding people. But, he asked, can that be done with slaves at $1000 +a head? And must the hands of the people be tied because a fantastical +outside world says that slavery and the slave trade are morally wrong? + +Watts (s.) of Montgomery proposed that the Confederacy be given power to +prohibit the importation of slaves from any place. Smith (c.) of +Tuscaloosa said that the proposal of Watts was a threat against the border +states, which would lose their slave market unless they joined the +Confederacy; that the border states must be kept friendly, a bulwark +against the North. + +A resolution was finally passed to the effect that the people of Alabama +were opposed, for reasons of public policy, to reopening the slave trade, +and the state's delegates in Congress were instructed to insist on the +prohibition. + +The debates show clearly the feeling of the delegates that, on the +slavery question, the rest of the world was against them, and hence, as a +measure of expediency, they were in favor of prohibiting the trade. Some +wished to have all the whites finally become slaveholders; others believed +that the negroes were the economic and social enemies of the whites, and +they wanted no more of them. But all agreed that slavery was a good thing +for the negro. + + * * * * * + +Yancey (s.) introduced a resolution favoring the free navigation of the +Mississippi. The North, he said, was uncertain as to the policy of the +South and must be assured that the South wished no restrictions upon +trade. "Free trade" was its motto. Dowdell (s.) proposed that the +navigation should be free only to those states and territories lying on +the river and its tributaries, while Smith (c.) thought that all +navigation should remain as unrestricted and open to all as before +secession. Yancey thought that absolutely unrestricted navigation would +tend to undermine secession, for it would tend to reconstruct the late +political union into a commercial union. Such a policy would discriminate +against European friends in favor of New England enemies. As passed, the +resolution expressed the sense of the convention that the navigation of +the Mississippi should be free to all the people of those states and +territories which were situated on that river or its tributaries. + + +Commissioners to Other States + +As soon as the governor issued writs of election for a convention, fearing +that the legislatures of other states then in session might adjourn before +calling conventions, he sent a commissioner to each southern state to +consult and advise with the governor and legislature in regard to the +question of secession and later confederation. These commissioners made +frequent reports to the governor and convention and did much to secure the +prompt organization of a permanent government.[57] + +After the ordinance of secession was passed a resolution was adopted to +the effect that Alabama, being no longer a member of the Union, was not +entitled to representation at Washington and that her representatives +there should be instructed to withdraw. A second resolution, authorizing +the governor to send two commissioners to Washington to treat with that +government, caused some debate. + +Clemens (cs.) said that there was no need of sending commissioners to +Washington, because they would not be received. Let Washington send +commissioners to Alabama; South Carolina was differently situated; Alabama +held her own forts, South Carolina did not. Smith (c.) proposed that only +one commissioner be sent. One would do more efficient work and the expense +would be less. Watts (s.) said that Alabama as a former member of the +Union should inform the old government of her withdrawal and of her policy +for the future; that there were many grave and delicate matters to be +settled between the two governments; and that commissioners should be sent +to propose terms of adjustment and to demand a recognition of the new +order. + +Webb (s.) of Greene said that Alabama stood in the same attitude toward +the United States as toward France. And the fact that the commissioners of +South Carolina had been treated with contempt should not influence +Alabama. If one was to be in the wrong, let it be the Washington +government. To send commissioners would not detract from the dignity of +the state, but would show a desire for amicable relations. Whatley (s.) +took the same ground, and added that, having seized the forts to prevent +their being used against Alabama, the state, as retiring partner, would +hold them as assets until a final settlement, especially as its share had +not been received. Some members urged that only one commissioner be sent +in order to save expenses. All were getting to be very economical. And +practically all agreed that it was the duty of the state to show her +desire for amicable relations by making advances. + +Yancey thought the matter should be left to the Provisional Congress; the +United States had made agreements with South Carolina about the military +status of the forts and had violated the agreement; the other states also +had claims of public property, and negotiations should be carried on by +the common agent. Separate action by the state would only complicate +matters. + +Finally, it was decided to send one commissioner, and the governor +appointed Thomas J. Judge, who proceeded to Washington, with authority to +negotiate regarding the forts, arsenals, and custom-houses in the state, +the state's share of the United States debt, and the future relations +between the United States and Alabama, and through C. C. Clay, late United +States senator from Alabama, applied for an interview with the President. +Buchanan refused to receive him in his official capacity, but wrote that +he would be glad to see him as a private gentleman. Judge declined to be +received except in his official capacity, and said that future +negotiations must begin at Washington. + + * * * * * + +Foreseeing war, Watts (s.) proposed that the general assembly be given +power to confiscate the property of alien enemies, and also to suspend the +collection of debts due to alien enemies. Shortridge (s.) thought that the +measure was not sufficiently emphatic, since war had practically been +declared. He said the courts should be closed against the collection of +debts due persons in the northern states which had passed personal liberty +laws. He stated that Alabama owed New York several million dollars, and +that to pay this debt would drain from the country the currency, which +should be held to relieve the strain. + +Jones (c.) was opposed to every description of robbery. The course +proposed, he said, would be a flagrant outrage upon just creditors, as the +greater wrong would be done the friends of the South, for +nineteen-twentieths of the debt was due to political friends--merchants +who had always defended the rights of the South. Those debts should be +paid and honor sustained. The legislature, he added, would pass a +stay-law, which he regretted, and that would suffice. Smith (c.) said that +confiscation was an act of war, and would provoke retaliation. Every +action should look toward the preservation of peace. + +Clarke (s.) of Marengo saw nothing wrong in the measure. There was no wish +or intention of evading payment of the debt; payment would only be +suspended or delayed. It was a peace measure. Lewis (cs.) said that only +the war-making power would have authority to pass such a measure, and that +this power would be lodged in the Confederate Congress. Meanwhile, he +proposed to give the power temporarily to the legislature. + +Early in the session the secessionists introduced a resolution pledging +the state to resist any attempt by the United States to coerce any of the +seceded states. Alabama could not stand aside, they said, and see the +seceded states coerced by the United States government, which had no +authority to use force. All southern states recognized secession as the +essence and test of state sovereignty, and would support each other. + +Earnest (c.) of Jefferson was of the opinion that this resolution was +intended to cover acts of hostility already committed by individuals, such +as Governor Moore and other officials, before the state seceded, and to +vote for the resolution subjected the voter to the penalties of treason. +When a state acted in its sovereign capacity and withdrew from the Union, +then those individuals were relieved. But to vote for such a measure +before secession was treason. + +Morgan (s.) of Dallas said that, whether Alabama were in or out of the +Union, she could see no state coerced; the question was not debatable. To +attack South Carolina was to attack Alabama. "We are one united people and +can never be dissevered." The North was pledging men and money to coerce +the southern states, and its action must be answered. Jemison (c.) thought +the war alarms were false and that there was no necessity for immediate +action, while Smith (c.), his colleague, heartily indorsed the measure. +Jones (c.) declared that before the state seceded he would not break the +laws of the United States; that he had sworn to support the Constitution, +and only the state could absolve him from that oath; that such a measure +was not lawful while the state was in the Union. + +After secession the resolution was again called up, and all speakers +agreed that aid should be extended to seceded states in case of coercion. +Some wanted to promise aid to any one of the United States which might +take a stand against the other states in behalf of the South. Events moved +so rapidly that the measure did not come to a vote before the organization +of the Provisional Congress. + + +Legislation by the Convention + +Not only was the old political structure to be torn down, but a new one +had to be erected. In organizing the new order the convention performed +many duties pertaining usually to the legislature. This was done in order +to save time and to prevent confusion in the administration. + +Citizenship was defined to include free whites only, except such as were +citizens of the United States before January 11, 1861. A person born in a +northern state or in a foreign country before January 11, 1861, must take +the oath of allegiance to the state of Alabama, and the oath of +abjuration, renouncing allegiance to all other sovereignties. The state +constitution was amended by omitting all references to the United States; +the state officers were absolved from their oath to support the United +States Constitution; jurisdiction of the United States over waste and +unappropriated lands and navigable waters was rescinded; and navigation +was opened to all citizens of Alabama and other states that "may unite +with Alabama in a Southern Slaveholding Confederacy." A registration of +lands was ordered to be made; the United States land system was adopted, a +homestead law was provided for, and a new land office was established at +Greenville, in Butler County. The governor was authorized to revoke +contracts made under United States laws with commissioners appointed to +locate swamps and overflowed lands. The general assembly was authorized to +cede to the Confederacy exclusive jurisdiction over a district ten miles +square for a seat of government for the Confederate States of America. + +Provision was made for the military defence of Alabama, and the United +States army regulations were adopted almost in their entirety. The militia +was reorganized; all commissions were vacated, and new elections ordered. +The governor was placed in charge of all measures for defence. He was +authorized to purchase supplies for the use of the state army, to borrow +money for the same, and to issue bonds to cover expenses. Later, the +convention decreed that all arms and munitions of war taken from the +United States should be turned over to the Confederacy; only the small +arms belonging to the state were retained. The governor was authorized to +transfer to the Confederate States, upon terms to be agreed upon between +the governor and the president, all troops raised for state defence. Thus +all volunteer companies could be transferred to the Confederate service if +the men were willing, otherwise they were discharged. A number of +ordinances were passed organizing the state military system, and +coöperating with the Confederate government. Jurisdiction over forts, +arsenals, and navy yards was conferred upon the Confederate States. This +ordinance could only be revoked by a convention of the people. + +The port of Mobile was resumed by the state. The collector of the port and +his assistants were continued in office as state officials who were to act +in the name of the state of Alabama. With a view to future settlement the +collector was ordered to retain all funds in his hands belonging to the +United States, and the state of Alabama guaranteed his safety, as to oath, +bond, etc. As far as possible, the United States customs and port +regulations were adopted. Vessels built anywhere, provided that one-third +was owned by citizens of the southern states and commanded by southern +captains, were entitled to registry as vessels of Alabama. The collector +was authorized to take possession in the name of the state of all +government custom-houses, lighthouses, etc., and to reappoint the officers +in charge if they would accept office from the state. The weights and +measures of the United States were adopted as the standard; discriminating +duties imposed by the United States, and regulations on foreign vessels +and merchandise were abolished; Selma and Mobile were continued as ports +of entry, and all ordinances relating to Mobile were extended to Selma. + +Thaddeus Sanford, the collector of Mobile, reported to the convention that +the United States Treasury Department had drawn on him for $26,000 on +January 7, 1861, and asked for instructions in regard to paying it. The +Committee on Imports reported that the draft was dated before secession +and before the ordinance directing the collector to retain all United +States funds, that it was drawn to pay parties for services rendered while +Alabama was a member of the Union. So it was ordered to be paid. + +After the Confederacy was formed, the convention ordered that the +custom-houses, marine hospital, lighthouses, buoys, and the revenue +cutter, _Lewis Cass_, be turned over to the Confederate authorities; and +the collector was directed to transfer all money collected by him to the +Confederate authorities, who were to account for all moneys and settle +with the United States authorities. The collector was then released from +his bond to the state. + +Postal contracts and regulations in force prior to January 11, 1861, were +permitted to remain for the present. The general assembly was empowered +to make postal arrangements until the Confederate government should be +established. Meanwhile, the old arrangements with the United States were +unchanged.[58] Other ordinances adopted the laws of the United States +relating to the value of foreign coins, and directed the division of the +state into nine congressional districts. + +The judicial powers were resumed by the state and were henceforth to be +exercised by the state courts. The circuit and chancery courts and the +city court of Mobile were given original jurisdiction in cases formerly +arising within the jurisdiction of the Federal courts. Jurisdiction over +admiralty cases was vested in the circuit courts and the city court of +Mobile. The chancery courts had jurisdiction in all cases of equity. The +state supreme court was given original and exclusive jurisdiction over +cases concerning ambassadors and public ministers. All admiralty cases, +except where the United States was plaintiff, pending in the Federal +courts in Alabama were transferred with all records to the state circuit +courts; cases in equity in like manner to the state chancery courts; the +United States laws relating to admiralty and maritime cases, and to the +postal service were adopted temporarily; the forms of proceedings in state +courts were to be the same as in former Federal courts; the clerks of the +circuit courts were given the custody of all records transferred from +Federal courts and were empowered to issue process running into any part +of the state and to be executed by any sheriff; United States marshals in +whose hands processes were running were ordered to execute them and to +make returns to the state courts under penalty of being prosecuted as if +defaulting sheriffs; the right was asserted to prosecute marshals who were +guilty of misconduct before secession. The United States laws of May 26, +1796, and March 27, 1804, prescribing the method of authentication of +public acts, records, or judicial proceedings for use in other courts, +were adopted for Alabama. In cases appealed to the United States Supreme +Court from the Alabama supreme court, the latter was to act as if no +appeal had been taken and execute judgment; cases appealed from inferior +Federal courts to the United States Supreme Court, were to be considered +as appealed to the state supreme court which was to proceed as if the +cases had been appealed to it from its own lower courts. The United States +were not to be allowed to be a party to any suit in the state courts +against a citizen of Alabama unless ordered by the convention or by the +general assembly. Federal jurisdiction in general was to be resumed by +state courts until the Confederate government should act in the matter. + +No law of Alabama in force January 11, 1861, consistent with the +Constitution and not inconsistent with the ordinances of the convention, +was to be affected by secession; no official of the state was to be +affected by secession; no offence against the state, and no penalty, no +obligation, and no duty to or of state, no process or proceeding in court, +no right, title, privilege, or obligation under the state or United States +Constitution and laws, was to be affected by the ordinance of secession +unless inconsistent with it. No change made by the convention in the +constitution of Alabama should have the effect to divest of any right, +title, or legal trust existing at the time of making the change. All +changes were to have a prospective, not a retrospective, effect unless +expressly declared in the change itself. + +The general assembly was to have no power to repeal, alter, or amend any +ordinance of the convention incorporated in the revised constitution. +Other ordinances were to be considered as ordinary legislation and might +be amended or repealed by the legislature.[59] + + +North Alabama in the Convention + +All the counties of north Alabama sent coöperation delegates to the +convention, and these spoke continually of a peculiar state of feeling on +the part of their constituents which required conciliation by the +convention. The people of that section, in regard to their grievances, +thought as the people of central and south Alabama, but they were not so +ready to act in resistance. Moreover, it would seem that they desired all +the important measures framed by the convention to be referred to them for +approval or disapproval. The coöperationists made much of this state of +feeling for purposes of obstruction. There was, and had always been, a +slight lack of sympathy between the people of the two sections; but on the +present question they were very nearly agreed, though still opposing from +habit. Had the coöperationists been in the majority, secession would have +been hardly delayed. Of course, among the mountains and sand-hills of +north Alabama was a small element of the population not concerned in any +way with the questions before the people, and who would oppose any measure +supported by southern Alabama. Sheets of Winston was probably the only +representative of this class in the convention. The members of the +convention referred to the fact of the local nature of the +dissatisfaction. Yancey, angered at the obstructive tactics of the +coöperationists, who had no definite policy and nothing to gain by +obstruction, made a speech in which he said it was useless to disguise the +fact that in some parts of the state there was dissatisfaction in regard +to the action of the convention, and warned the members from north +Alabama, whom he probably considered responsible for the dissatisfaction, +that as soon as passed the ordinance of secession became the supreme law +of the land, and it was the duty of all citizens to yield obedience. Those +who refused, he said, were traitors and public enemies, and the sovereign +state would deal with them as such. Opposition after secession was +unlawful and to even speak of it was wrong, and he predicted that the name +"tory" would be revived and applied to such people. Jemison of Tuscaloosa, +a leading coöperationist, made an angry reply, and said that Yancey would +inaugurate a second Reign of Terror and hang people by families, by towns, +counties, and districts. + +Davis (c.) of Madison declared that the people of north Alabama would +stand by the expressed will of the people of the state, and intimated that +the action of the convention did not represent the will of the people. If, +he added, resistance to revolution gave the name of "tories," it was +possible that the people of north Alabama might yet bear the designation; +that any invasion of their rights or any attempt to force them to +obedience would result in armed resistance; that the invader would be met +at the foot of the mountains, and in armed conflict the question of the +sovereignty of the people would be settled. Clark (c.) of Lawrence said +that north Alabama was more closely connected with Tennessee, and that +many of the citizens were talking of secession from Alabama and annexation +to Tennessee. He begged for some concession to north Alabama, but did not +seem to know exactly what he wanted. He intimated that there would be +civil war in north Alabama. Jones (c.) of Lauderdale said that his +people were not "submissionists" and would share every toil and danger in +support of the state to which was their supreme allegiance. Edwards (c.) +of Blount was not prepared to say whether his people would acquiesce or +not. He promised to do nothing to excite them to rebellion! Davis of +Madison, who a few days before was ready to rebel, now said that he, and +perhaps all north Alabama, would cheerfully stand by the state in the +coming conflict. + +[Illustration: JEFFERSON DAVIS.] + +A majority of the coöperationists voted against the ordinance of +secession, at the same time stating that they intended to support it when +it became law. The ordinance was lithographed, and the delegates were +given an opportunity to sign their names to the official copy. +Thirty-three of the delegates from north Alabama, two of whom had voted +for the ordinance, refused to sign, because, as they said, it might appear +as if they approved all that had been done by the secessionists. Their +opposition to the policy of the majority was based on the following +principles: (1) the fundamental principle that representative bodies +should submit their acts for approval to the people; (2) the interests of +all demanded that all the southern states be consulted in regard to a plan +for united action. The members who refused to sign repeatedly acknowledged +the binding force of the ordinance and promised a cheerful obedience, but, +at the same time, published far and wide an address to the people, +justifying their opposition and refusal to sign, causing the impression +that they considered the action of the convention illegal. There was no +reason whatever why these men should pursue the policy of obstruction to +the very last, yet it was done. Nine of the thirty-three finally signed +the ordinance, but twenty-four never signed it, though they promised to +support it. + + * * * * * + +The majority of the members and of the people contemplated secession as a +finality; reconstruction was not to be considered. A few of the +coöperationists, however, were in favor of secession as a means of +bringing the North to terms. Messrs. Pugh and Clay (members of Congress) +in a letter to the convention suggested that the border states considered +the secession of the cotton states as an indispensable basis for a +reconstruction of the Union. Smith of Tuscaloosa, the leading +coöperationist, stated his belief that the revolution would teach the +North her dependence upon the South, how much she owed that section, bring +her to a sense of her duty, and cause her to yield to the sensible demands +of the South. He looked forward with fondest hopes to the near future when +there would be a reconstruction of the Union with redress of grievances, +indemnity for the past, complete and unequivocal guarantees for the +future. + + +Incidents of the Session + +The proceedings were dignified, solemn, and at times even sad. During the +whole session, good feeling prevailed to a remarkable degree among the +individual members, and toward the last the utmost harmony existed between +the parties.[60] For this the credit is due the secessionists. At times +the coöperationists were suspicious, and pursued a policy of obstruction +when nothing was to be gained; but they were given every privilege and +shown every courtesy. During the early part of the session an enthusiastic +crowd filled the halls and galleries and manifested approval of the course +of the secessionist leaders by frequent applause. In order to secure +perfect freedom of debate to the minority, it was ordered that no applause +be permitted; and this order failing to keep the spectators silent, the +galleries were cleared, and thereafter secret sessions were the rule. + +Affecting and exciting scenes followed the passage of the ordinance of +secession. One by one the strong members of the minority arose and, for +the sake of unity at home, surrendered the opinions of a lifetime and +forgot the prejudices of years. This was done with no feeling of +humiliation. To the last, they were treated with distinguished +consideration by their opponents. There was really no difference in the +principles of the two parties; the only differences were on local, +personal, sectional, and social questions. On the common ground of +resistance to a common enemy they were united. + +On January 11, 1861, after seven days' debate, it became known that the +vote on secession would be taken, and an eager multitude crowded Capitol +Hill to hear the announcement of the result. The senate chamber, opposite +the convention hall, was crowded with the waiting people, who were +addressed by distinguished orators on the topics of the day. As many women +as men were present, and, if possible, were more eager for secession. +Their minds had long ago been made up. "With them," says the grave +historian of the convention, "the love songs of yesterday had swelled into +the political hosannas of to-day." + +The momentous vote was taken, the doors were flung open, the result +announced, and in a moment the tumultuous crowd filled the galleries, +lobbies, and aisles of the convention hall. The ladies of Montgomery had +made a large state flag, and when the doors were opened this flag was +unfurled in the hall so that its folds extended almost across the chamber. +Members jumped on desks, chairs, and tables to shake out the floating +folds and display the design. There was a perfect frenzy of enthusiasm. +Yancey, the secessionist leader and splendid orator, in behalf of the +ladies presented the flag to the convention. Smith, the leader of the +coöperationists, replied in a speech of acceptance, paying an affecting +tribute to the flag that they were leaving--"the Star-Spangled Banner, +sacred to memory, baptized in the nation's best blood, consecrated in song +and history, and the herald of liberty's grandest victories on land and on +sea." In memory of the illustrious men who brought fame to the flag, he +said, "Let him who has tears prepare to shed them now as we lower this +glorious ensign of our once vaunted victories." Alpheus Baker of Barbour +in glowing words expressed to the ladies the thanks of the convention. + +Amidst wild enthusiasm in hall and street the convention adjourned. One +hundred and one cannon shots announced the result. The flag of the +Republic of Alabama floated from windows, steeples, and towers. Party +lines were forgotten, and until late in the night every man who would +speak was surrounded by eager listeners. The people were united in common +sentiment in the face of common danger. + +One hour before the signal cannon shot announced that the fateful step had +been taken and that Alabama was no longer one of the United States, there +died, within sight of the capitol, Bishop Cobb of the Episcopal Church, +the one man of character and influence who in all Alabama had opposed +secession in any way, at any time, or for any reason.[61] + + + + +PART II + +WAR TIMES IN ALABAMA + + + + +CHAPTER III + +MILITARY AND POLITICAL EVENTS + + +SEC. I. MILITARY OPERATIONS + +On January 4, 1861, the Alabama troops, ordered by Governor Andrew B. +Moore, seized the forts which commanded the entrance to the harbor at +Mobile, and also the United States arsenal at Mount Vernon, thirty miles +distant. A few days later the governor, in a communication addressed to +President Buchanan, explained the reason for this step. He was convinced, +he said, that the convention would withdraw the state from the Union, and +he deemed it his duty to take every precaution to render the secession +peaceable. Information had been received which led him to believe that the +United States government would attempt to maintain its authority in +Alabama by force, even to bloodshed. The President must surely see, the +governor wrote, that coercion could not be effectual until capacity for +resistance had been exhausted, and it would have been unwise to have +permitted the United States government to make preparations which would be +resisted to the uttermost by the people. The purpose in taking possession +of the forts and arsenal was to avoid, not to provoke, hostilities. +Amicable relations with the United States were ardently desired by +Alabama; and every patriotic man in the state was praying for peaceful +secession. He had ordered an inventory to be taken of public property in +the forts and arsenal, which were held subject to the control of the +convention.[62] A month later, Governor Moore, in a communication +addressed to the Virginia commissioners for mediation, stated that +Alabama, in seceding, had no hostile intentions against the United States; +that the sole object was to protect her rights, interests, and honor, +without disturbing peaceful relations. This would continue to be the +policy of the state unless the Federal government authorized hostile +acts. Yet any attempt at coercion would be resisted. In conclusion, he +stated that he had no power to appoint delegates to the proposed +convention, but promised to refer the matter to the legislature. However, +he did not believe that there was the least hope that concessions would be +made affording such guarantees as the seceding states could accept.[63] + + +The War in North Alabama + +For a year Alabama soil was free from invasion, though the coast was +blockaded in the summer of 1861. In February, 1862, Fort Henry, on the +Tennessee River, fell, and on the same day Commodore Phelps with four +gunboats sailed up the river to Florence. Several steamboats with supplies +for Johnston's army were destroyed to prevent capture by the Federals. +Phelps destroyed a partly finished gunboat, burned the Confederate +supplies in Florence, and then returned to Fort Henry.[64] The fall of +Fort Donelson (February 16) and the retreat of Johnston to Corinth left +the Tennessee valley open to the Federals. A few days after the battle of +Shiloh, General O. M. Mitchell entered Huntsville (April 11, 1862) and +captured nearly all the rolling stock belonging to the railroads running +into Huntsville. Decatur, Athens, Tuscumbia, and the other towns of the +Tennessee valley were occupied within a few days. To oppose this invasion +the Confederates had small bodies of troops widely scattered across north +Alabama. The fighting was almost entirely in the nature of skirmishes and +was continual. Philip D. Roddy, later known as the "Defender of North +Alabama," first appears during this summer as commander of a small body of +irregular troops, which served as the nucleus of a regiment and later a +brigade. Hostilities in north Alabama at an early date assumed the worst +aspects of guerilla warfare. The Federals were never opposed by large +commands of Confederates, and were disposed to regard the detachments who +fought them as guerillas and to treat them accordingly. In spite of the +strenuous efforts of General Buell to have his subordinates wage war in +civilized manner,[65] they were guilty of infamous conduct. General +Mitchell was charged by the people with brutal conduct toward +non-combatants and with being interested in the stealing of cotton and +shipping it North. He was finally removed by Buell.[66] + +One of Mitchell's subordinates--John Basil Turchin, the Russian colonel of +the Nineteenth Illinois regiment--was too brutal even for Mitchell, and +the latter tried to keep him within bounds. His worst offence was at +Athens, in Limestone County, in May, 1862. Athens was a wealthy place, +intensely southern in feeling, and on that account was most heartily +disliked by the Federals. Here, for two hours, Turchin retired to his tent +and gave over the town to the soldiers to be sacked after the old European +custom. Revolting outrages were committed. Robberies were common where +Turchin commanded. His Russian ideas of the rules of war were probably +responsible for his conduct. Buell characterized it as "a case of +undisputed atrocity." For this Athens affair Turchin was court-martialled +and sentenced to be dismissed from the service. The facts were notorious +and well known at Washington, but the day before Buell ordered his +discharge, Turchin was made a brigadier-general.[67] + +General Mitchell himself reported (May, 1862) that "the most terrible +outrages--robberies, rapes, arson, and plundering--are being committed by +lawless brigands and vagabonds connected with the army." He asked for +authority to hang them and wrote, "I hear the most deplorable accounts of +excesses committed by soldiers."[68] About fifty of the citizens of +Athens, at the suggestion of Mitchell, filed claims for damages. Thereupon +Mitchell informed them that they were laboring under a very serious +misapprehension if they expected pay from the United States government +unless they had proper vouchers.[69] Buell condemned his action in this +matter also. Mitchell asked the War Department for permission to send +prominent Confederate sympathizers at Huntsville to northern prisons. He +said that General Clemens and Judge Lane advised such a measure. He +reported that he held under arrest a few active rebels "who refused to +condemn the guerilla warfare." The War Department seems to have been +annoyed by the request, but after Mitchell had repeated it, permission was +given to send them to the fort in Boston Harbor.[70] + +Mitchell was charged at Washington with having failed in his duty of +repressing plundering and pillaging. He replied that he had no great +sympathy with the citizens of Athens who hated the Union soldiers so +intensely.[71] + +As the war continued the character of the warfare grew steadily worse. +Ex-Governor Chapman's family were turned out of their home to make room +for a negro regiment. A four-year-old child of the family wandered back to +the house and was cursed and abused by the soldiers. The house was finally +burned and the property laid waste. Governor Chapman was imprisoned and at +last expelled from the country. Mrs. Robert Patton they threatened to +strip in search of money and actually began to do so in the presence of +her husband, but she saved herself by giving up the money.[72] Such +experiences were common. + +The provost marshal at Huntsville--Colonel Harmer--selected a number of +men to answer certain political questions, who, if their answers were not +satisfactory, were to be expelled from the country. Among these were, +George W. Hustoun, Luke Pryor, and ---- Malone of Athens, Dr. Fearn of +Huntsville, and two ministers--Ross and Banister. General Stanley +condemned the policy, but General Granger wanted the preachers expelled +anyway, although Stanley said they had never taken part in politics.[73] +The harsh treatment of non-combatants and Confederate soldiers by Federal +soldiers and by the tories resulted in the retaliation of the former when +opportunity occurred. Toward the end of the war prisoners were seldom +taken by either side. When a man was caught, he was often strung up to a +limb of the nearest tree, his captors waiting a few minutes for their +halters, and then passing on. The Confederate irregular cavalry became a +terror even to the loyal southern people. Stealing, robbery, and murder +were common in the debatable land of north Alabama.[74] + +Naturally the "tory" element of the population suffered much from the same +class of Confederate troops. The Union element, it was said, suffered more +from the operation of the impressment law. The Confederate and state +governments strictly repressed the tendency of Confederate troops to +pillage the "Union" communities in north Alabama.[75] + +General Mitchell and his subordinates were accustomed to hold the people +of a community responsible for damages in their vicinity to bridges, +trestles, and trains caused by the Confederate forces. In August, 1862, +General J. D. Morgan, in command at Tuscumbia, reported that he "sent out +fifty wagons this afternoon to the plantations near where the track was +torn up yesterday, for cotton. I want it to pay damages."[76] When Turchin +had to abandon Athens, on the advance of Bragg into Tennessee, he set fire +to and burned much of the town, but his conduct was denounced by his +fellow-officers.[77] Near Gunterville (1862) a Federal force was fired +upon by scouts, and the Federals, in retaliation, shelled the town. This +was done a second time during the war, and finally the town was burned. In +Jackson County four citizens were arrested (1862) because the pickets at +Woodville, several miles away, had been fired upon.[78] + +In a skirmish in north Alabama, General R. L. McCook was shot by Captain +Gurley of Russell's Fourth Alabama Cavalry. The Federals spread the report +among the soldiers that he had been murdered, and as the Federal commander +reported, "Many of the soldiers spread themselves over the country and +burned all the property of the rebels in the vicinity, and shot a rebel +lieutenant who was on furlough." Even the house of the family who had +ministered to General McCook in his last moments was burned to the ground. +The old men and boys for miles around were arrested. The officer who was +shot was at home on furlough and sick. General Dodge's command committed +many depredations in retaliation for the death of McCook. A year later +Captain Gurley was captured and sentenced to be hanged. The Confederate +authorities threatened retaliation, and he was then treated as a prisoner +of war. After the close of the war he was again arrested and kept in jail +and in irons for many months at Nashville and Huntsville. At last he was +liberated.[79] + +Later in the war (1864), General M. L. Smith ordered the arrest of "five +of the best rebels" in the vicinity of a Confederate attack on one of his +companies, and again five were arrested near the place where a Union man +had been attacked.[80] These are examples of what often happened. It +became a rule to hold a community responsible for all attacks made by the +Confederate soldiers. + +The people suffered fearfully. Many of them had to leave the country in +order to live. John E. Moore wrote to the Confederate Secretary of War +from Florence, in December, 1862, that the people of north Alabama "have +been ground into the dust by the tyrants and thieves."[81] The citizens of +Florence (January, 1863) petitioned the Secretary of War for protection. +They said that they had been greatly oppressed by the Federal army in +1862. Property had been destroyed most wantonly and vindictively, the +privacy of the homes invaded, citizens carried off and ill treated, and +slaves carried off and refused the liberty of returning when they desired +to do so. The harshness of the Federals had made many people submissive +for fear of worse things. No men, except the aged and infirm, were left in +the country; the population was composed chiefly of women and +children.[82] It was in response to this appeal that Roddy's command was +raised to a brigade. But the retreat of Bragg left north Alabama to the +Federals until the close of the war, except for a short period during +Hood's invasion of Tennessee. + + +The Streight Raid + +April 19, 1863, Colonel A. D. Streight of the Federal army, with 2000 +picked troops, disembarked at Eastport and started on a daring raid +through the mountain region of north Alabama. The object of the raid was +to cut the railroads from Chattanooga to Atlanta and to Knoxville, which +supplied Bragg and to destroy the Confederate stores at Rome. To cover +Streight's movements General Dodge was making demonstrations in the +Tennessee valley and Forrest was sent to meet him. Hearing by accident of +Streight's movements, Forrest left a small force under Roddy to hold Dodge +in check and set out after the raider. The chase began on April 29. +Streight had sixteen miles the start with a force reduced to 1500 men, +mounted on mules. As his mounts were worn out, he seized fresh horses on +the route. The chase led through the counties of Morgan, Blount, St. +Clair, De Kalb, and Cherokee--counties in which there was a strong tory +element, and the Federals were guided by two companies of Union cavalry +raised in north Alabama. Streight had asked for permission to dress some +of his men "after the promiscuous southern style," but, fortunately for +them, was not allowed to do so.[83] + +On May 1 occurred the famous crossing of Black Creek, where Miss Emma +Sansom guided the Confederates across in the face of a heavy fire. Forrest +now had less than 600 men, the others having been left behind exhausted or +with broken-down horses. The best men and horses were kept in front, and +Streight was not allowed a moment's rest. At last, tired out, the Federals +halted on the morning of May 3. Soon the men were asleep on their arms, +and when Forrest appeared, some of them could not be awakened. Men were +asleep in line of battle, under fire. Forrest placed his small force so as +to magnify his numbers, and Streight was persuaded by his officers to +surrender--1466 men to less than 600. The running fight had lasted four +days, over a distance of 150 miles, through rough and broken country +filled with unfriendly natives. Forrest could not get fresh mounts, the +Federals could; the Federals had been preparing for the raid a month; +Forrest had a few hours to prepare for the pursuit, and his whole force +with Roddy's did not equal half of the entire Federal force of 9500.[84] + +During the summer and fall there were many small fights between the +cavalry scouts of Roddy and Wheeler and the Federal foraging parties. In +October General S. D. Lee from Mississippi entered the northwestern part +of the state, and for two or three weeks fought the Federals and tore up +the Memphis and Charleston Railroad. The First Alabama Union Cavalry +started on a raid for Selma, but was routed by the Second Alabama Cavalry. +The Tennessee valley was the highway along which passed and repassed the +Federal armies during the remainder of the war. + +During the months of January, February, March, and April, 1864, scouting, +skirmishing, and fighting in north Alabama by Forrest, Roddy, Wheeler, +Johnson, Patterson, and Mead were almost continuous; and Federal raids +were frequent. The Federals called all Confederate soldiers in north +Alabama "guerillas," and treated prisoners as such. The Tennessee valley +had been stripped of troops to send to Johnston's army. In May, 1864, the +Federal General Blair marched through northeast Alabama to Rome, Georgia, +with 10,500 men. Federal gunboats patrolled the river, landing companies +for short raids and shelling the towns. In August there were many raids +and skirmishes in the Tennessee valley. On September 23, Forrest with 4000 +men, on a raid to Pulaski, persuaded the Federal commander at Athens that +he had 10,000 men, and the latter surrendered, though in a strong fort +with a thousand men. + + +Rousseau's Raid + +July 10, 1864, General Rousseau started from Decatur, Morgan County, with +2300 men on a raid toward southeast Alabama to destroy the Montgomery and +West Point Railway below Opelika, and thus cut off the supplies coming +from the Black Belt for Johnston's army. General Clanton, who opposed him +with a small force, was defeated at the crossing of the Coosa on July 14; +the iron works in Calhoun County were burned, and the Confederate stores +at Talladega were destroyed. The railroad was reached near Loachapoka in +what is now Lee County, and miles of the track there and above Opelika +were destroyed, and the depots at Opelika, Auburn, Loachapoka, and +Notasulga, all with quantities of supplies, were burned. This was the +first time that central Alabama had suffered from invasion.[85] + +In October General Hood marched _via_ Cedartown, Georgia, into Alabama to +Gadsden, thence to Somerville and Decatur, crossing the river near +Tuscumbia on his way to the fatal fields of Franklin and Nashville. "Most +of the fields they passed were covered with briers and weeds, the fences +burned or broken down. The chimneys in every direction stood like quiet +sentinels and marked the site of once prosperous and happy homes, long +since reduced to heaps of ashes. No cattle, hogs, horses, mules, or +domestic fowls were in sight. Only the birds seemed unconscious of the +ruin and desolation which reigned supreme. No wonder that Hood pointed to +the devastation wrought by the invader to nerve his heroes for one more +desperate struggle against immense odds for southern independence."[86] A +few weeks later the wreck of Hood's army was straggling back into north +Alabama, which now swarmed with Federals. Bushwhackers, guerillas, tories, +deserters, "mossbacks," harried the defenceless people of north Alabama +until the end of the war and even after. A few scattered bands of +Confederates made a weak resistance. + + +The War in South Alabama + +To return to south Alabama. During the years 1861 and 1862 the defences of +Mobile were made almost impregnable. They were commanded in turn by +Generals Withers, Bragg, Forney, Buckner, and Maury. The port was +blockaded in 1861, but no attacks were made on the defences until August, +1864, when 15,000 men were landed to besiege Fort Gaines. Eighteen war +vessels under Farragut passed the forts into the bay and there fought the +fiercest naval battle of the war. Admiral Buchanan commanded the +Confederate fleet of four vessels--the _Morgan_, the _Selma_, the +_Gaines_, and the _Tennessee_.[87] The _Tecumseh_ was sunk by a torpedo +in the bay, and Farragut had left 17 vessels, 199 guns, and 700 men +against the Confederates' 22 guns and 450 men. The three smaller +Confederate vessels, after desperate fighting, were riddled with shot; one +was captured, one beached, and one withdrew to the shelter of the forts. +The _Tennessee_ was left, 1 against 17, 6 guns against 200. After four +hours' cannonade from nearly 200 guns, her smoke-stack and steering gear +shot away, her commander (Admiral Buchanan) wounded, one hour after her +last gun had been disabled, the _Tennessee_ surrendered. The Federals lost +52 killed, and 17 wounded, besides 120 lost on the _Tecumseh_. The +_Tennessee_ lost only 2 killed and 9 wounded, the _Selma_ 8 killed and 17 +wounded, the _Gaines_ about the same.[88] The fleet now turned its +attention to the forts. Fort Gaines surrendered at once; Fort Morgan held +out. A siege train of 41 guns was placed in position and on August 22 +these and the 200 guns of the fleet opened fire. The fort was unable to +return the fire of the fleet, and the sharpshooters of the enemy soon +prevented the use of guns against the shore batteries of the Federals. The +firing was furious; every shell seemed to take effect; fire broke out, and +the garrison threw 90,000 pounds of powder into cisterns to prevent +explosion; the defending force was decimated; the interior of the fort was +a mass of smouldering ruins; there was not a place five feet square not +struck by shells; many of the guns were dismounted. For twenty-four hours +the bombardment continued, the garrison not being able to return the fire +of the besiegers, yet the enemy reported that the garrison was not "moved +by any weak fears." On the morning of August 23, 1864, the fort was +surrendered.[89] Though the outer defences had fallen, the city could not +be taken. The inner defences were strengthened, and were manned with +"reserves,"--boys and old men, fourteen to sixteen, and forty-five to +sixty years of age. + +In March, 1865, General Steele advanced from Pensacola to Pollard with +15,000 men, while General Canby with 32,000 moved up the east side of +Mobile Bay and invested Spanish Fort. He sent 12,000 men to Steele, who +began the siege of Blakely on April 2. Spanish Fort was defended by 3400 +men, later reduced to 2321, against Canby's 20,000. The Confederate lines +were two miles long. After a twelve days' siege a part of the Confederate +works was captured, and during the next night (April 8), the greater part +of the garrison escaped in boats or by wading through the marshes. Blakely +was defended by 3500 men against Steele's 25,000. After a siege of eight +days the Federal works were pushed near the Confederate lines, and a +charge along the whole three miles of line captured the works with the +garrison (April 9). Three days later batteries Huger and Tracy, defending +the river entrance, were evacuated, and on April 12 the city +surrendered.[90] The state was then overrun from all sides.[91] + + +Wilson's Raid and the End of the War + +During the winter of 1864-1865, General J. H. Wilson gathered a picked +force of 13,500 cavalry, at Gravelly Springs in northwestern Alabama, in +preparation for a raid through central Alabama, the purpose of which was +to destroy the Confederate stores, the factories, mines, and iron works in +that section, and also to create a diversion in favor of Canby at +Mobile.[92] On March 22 he left for the South. There was not a Confederate +soldier within 120 miles; the country was stripped of its defenders. The +Federal army under Wilson foraged for provisions in north Alabama when +they themselves reported people to be starving.[93] To confuse the +Confederates, Wilson moved his corps in three divisions along different +routes. On March 29, near Elyton, the divisions united, and General +Croxton was again detached and sent to burn the University and public +buildings at Tuscaloosa. Driving Roddy before him, Wilson, on March 31, +burned five iron works near Elyton. Forrest collected a motley force to +oppose Wilson. The latter sent a brigade which decoyed one of Forrest's +brigades away into the country toward Mississippi,[94] so that this force +was not present to assist in the defence when, on April 2, Wilson arrived +before Selma with 9000 men. This place, with works three miles long, was +defended by Forrest with 3000 men, half of whom were reserves who had +never been under fire. They made a gallant fight, but the Federals rushed +over the thinly defended works. Forrest and two or three hundred men +escaped; the remainder surrendered. When the Federals entered the city, +night had fallen, and the soldiers plundered without restraint until +morning. Forrest had ordered that all the government whiskey in the city +be destroyed, but after the barrels were rolled into the street the +Confederates had no time to knock in the heads before the city was +captured. The Federals were soon drunk. All the houses in the city were +entered and plundered. A newspaper correspondent who was with Wilson's +army said that Selma was the worst-sacked town of the war. One woman saved +her house from the plunderers by pulling out all the drawers, tearing up +the beds, throwing clothes all over the floor along with dishes and +overturned tables, chairs, and other things. When the soldiers came to the +house, they concluded that others had been there before them and departed. +The outrages, robberies, and murders committed by Wilson's men, +notwithstanding his stringent order against plundering,[95] are almost +incredible. The half cannot be told. The destruction was fearful. The city +was wholly given up to the soldiers, the houses sacked, the women robbed +of their watches, earrings, rings, and other jewellery.[96] The negroes +were pressed into the work of destruction, and when they refused to burn +and destroy, they were threatened with death by the soldiers. Every one +was robbed who had anything worth taking about his person. Even negro men +on the streets and negro women in the houses were searched and their +little money and trinkets taken.[97] + +The next day the public buildings and storehouses with three-fourths of +the business part of the town and 150 residences were burned. Three +rolling mills, a large naval foundry, and the navy yard,--where the +_Tennessee_ had been built,--the best arsenal in the Confederacy, powder +works, magazines, army stores, 35,000 bales of cotton, a large number of +cars, and the railroad bridges were destroyed. Before leaving, Wilson sent +men about the town to kill all the horses and mules in Selma, and had 800 +of his own worn-out horses shot. The carcasses were left lying in the +roads, streets, and dooryards where they were shot. In a few days the +stench was fearful, and the citizens had to send to all the country around +for teams to drag away the dead animals, which were strewn along the roads +for miles.[98] + +Nearly every man of Wilson's command had a canteen filled with jewellery +gathered on the long raid through the richest section of the state. The +valuables of the rich Cane Brake and Black Belt country had been deposited +in Selma for safe-keeping, and from Selma the soldiers took everything +valuable and profitable. Pianos were made into feeding troughs for horses. +The officers were supplied with silver plate stolen while on the raid. In +Russell County a general officer stopped at a house for dinner, and had +the table set with a splendid service of silver plate taken from Selma. +His escort broke open the smoke-house and, taking hams, cut a small piece +from each of them and threw the remainder away. Everything that could be +was destroyed. Soft soap and syrup were poured together in the cellars. +They took everything they could carry and destroyed the rest. + +On April 10 Wilson's command started for Montgomery. A negro regiment of +800 men[99] was organized at Selma and accompanied the army, subsisting +on the country. Before reaching Georgia there were several such regiments. +On April 12 Montgomery was surrendered by the mayor. The Confederates had +burned 97,000[100] bales of cotton to prevent its falling into the hands +of the enemy. The captors burned five steamboats, two rolling mills, a +small-arms factory, two magazines of stores, all the rolling stock of the +railways, and the nitre works, the fire spreading also to the business +part of the town.[101] Here, as at Selma, horses, mules, and valuables +were taken by the raiders. + +The force was then divided into two columns, one destined for West Point +and the other for Columbus. The last fights on Alabama soil occurred near +West Point on April 16, and at Girard, opposite Columbus, on the same day. +At the latter place immense quantities of stores, that had been carried +across the river from Alabama, were destroyed.[102] + +Croxton's force reached Tuscaloosa April 3, and burned the University +buildings, the nitre works, a foundry, a shoe factory, and the Sipsey +cotton mills. After burning these he moved eastward across the state, +destroying iron works, nitre factories, depots, and cotton factories. +Before he reached Georgia, Croxton had destroyed nearly all the iron works +and cotton factories that had been missed by Rousseau and Wilson.[103] + + +Destruction by the Armies + +For three years north Alabama was traversed by the contending armies. Each +burned and destroyed from military necessity and from malice. General +Wilson said that after two years of warfare the valley of the Tennessee +was absolutely destitute.[104] From the spring of 1862 to the close of the +war the Federals marched to and fro in the valley. There were few +Confederate troops for its defence, and the Federals held each community +responsible for all attacks made within its vicinity. It became the custom +to destroy property as a punishment of the people. Much of the +destruction was unnecessary from a military point of view.[105] Athens and +smaller towns were sacked and burned, Guntersville was shelled and burned; +but the worst destruction was in the country, by raiding parties of +Federals and "tories," or "bushwhackers" dressed as Union soldiers. +Huntsville, Florence, Decatur, Athens, Guntersville, and Courtland, all +suffered depredation, robbery, murder, arson, and rapine.[106] The tories +destroyed the railways, telegraph lines, and bridges, and as long as the +Confederates were in north Alabama they had to guard all of these.[107] + +Along the Tennessee River the gunboats landed parties to ravage the +country in retaliation for Confederate attacks. In the counties of +Lauderdale, Franklin, Morgan, Lawrence, Limestone, Madison, and Jackson +nearly all property was destroyed.[108] + +In 1863, a member of Congress from north Alabama tried to get arms from +Bragg for the old men to defend the county against Federal raiders, but +failed, and wrote to Davis that all civilized usages were being +disregarded, women and children turned out and the houses burned, grain +and provisions destroyed, women insulted and outraged, their money, +jewellery, and clothing being stolen. + +In December, 1863, General Sherman ordered that all the forage and +provisions in the country around Bridgeport and Bellefont "be collected +and stored, and no compensation be allowed rebel owners." In April, 1864, +General Clanton wrote to Governor Watts that the "Yankees spared neither +age, sex, nor condition." Tories and deserters from the hills made +frequent raids on the defenceless population. + +General Dodge reported, May, 1863, that his army had destroyed or carried +off in one raid near Town Creek, "fifteen million bushels of corn, five +hundred thousand pounds of bacon, quantities of wheat, rye, oats, and +fodder, one thousand horses and mules, and an equal number of cattle, +sheep, and hogs, besides thousands that the army consumed in three weeks; +we also brought out fifteen hundred negroes, destroyed five tanyards and +six flouring mills, and we left the country in such a devastated condition +that no crop can be raised during the year;" and nothing was left that +would in the least aid the Confederates. On the night of his retreat Dodge +lit up the Tennessee valley from Town Creek to Tuscumbia with the flames +of burning dwellings, granaries, stables, and fences. In June Colonel +Cornyn reports that in a raid from Corinth to Florence he had destroyed +cotton factories, tanyards, all the corn-cribs in sight, searched every +house in Florence, burned several residences, and carried off 200 mules +and horses.[109] A few days later General Stanley raided from Tennessee to +Huntsville and carried off cattle and supplies, but did not lay waste the +country. General Buell did all that he could to restrain his subordinates, +but often to no avail. After Sherman took charge affairs grew steadily +worse. In a remarkable letter giving his views in the matter he says: "The +government of the United States has in north Alabama any and all rights +which they choose to enforce in war, to take their lives, their houses, +their lands, their everything, because they cannot deny that war exists +there, and war is simply power unrestrained by constitution or compact. If +they want eternal warfare, well and good. We will accept the issue and +dispossess them and put our friends in possession. To those who submit to +the rightful law and authority all gentleness and forbearance, but to the +petulant and persistent secessionists, why, death is mercy and the quicker +he or she is disposed of the better. Satan and the rebellious saint of +heaven were allowed a continuance of existence in hell merely to swell +their just punishment." He referred to the fact that in Europe, whence the +principles of war were derived, wars were between the armies, the people +remaining practically neutral, so that their property remained unmolested. +However, this present war was, he said, between peoples, and the invading +army was entitled to all it could get from the people. He cited as a like +instance the dispossessing of the people of north Ireland during the reign +of William and Mary.[110] After this no restraint on the plundering and +persecution of Confederate non-combatants was even attempted, and hundreds +of families from north Alabama "refugeed" to south Alabama. + +General Sherman wrote to one of his generals, "You may send notice to +Florence that if Forrest invades Tennessee from that direction, the town +will be burned; and if it occurs, you will remove the inhabitants north of +the Ohio River and burn the town and Tuscumbia also."[111] All through +this section fences were gone, fields grew up in bushes, and weeds, +residences were destroyed, farm stock had disappeared. People who lived in +the Black Belt report that Wilson's raiders ate up all the cooked +provisions wherever they went, taking all the meat, meal, and flour to +their next camping-place, where they would often throw away wagon loads of +provisions. Frequently the meal and flour that could not be taken was +strewn along the road. The mills were burned, and some families for three +months after the close of the war lived on corn cracked in a mortar. All +the horses and mules were taken; and only a few oxen were left to work the +crops. + +Governor Parsons said that Wilson's men were a week in destroying the +property around Selma. Three weeks after, as Parsons himself was a +witness, it was with difficulty that one could travel from Planterville to +Selma on account of the dead horses and mules. The night marches of the +enemy in the Black Belt were lighted by the flames of burning houses. +Until this raid only the counties of north Alabama had suffered.[112] + +Wilson had destroyed during this raid 2 gunboats; 99,000 small arms and +much artillery; 10 iron works; 7 foundries; 8 machine shops; 5 rolling +mills; the University buildings; many county court-houses and public +buildings; 3 arsenals; a naval foundry and navy yard; 5 steamboats; a +powder magazine and mills; 35 locomotives and 565 cars; 3 large railroad +bridges and many smaller ones; 275,000 bales of cotton; much private +property along the line of march, many magazines of stores; and had +subsisted his army on the country.[113] Trowbridge, who passed through +Alabama in the fall of 1865, said that Wilson's route could be traced by +burnt gin-houses dotting the way.[114] Three other armies marched through +the state in 1865, burning and destroying. + +The Federals took horses and mules, cattle and hogs, corn and meat, gold +and silver plate, jewellery, and other valuables. Aged citizens were +tortured by "bummers" to force them to tell of hidden treasure. Some were +swung up by the neck until nearly dead. Straggling bands of Federals +committed depredations over the country. Houses were searched, mattresses +were cut to pieces, trunks, bureaus, wardrobes, and chests were broken +open and their contents turned out. Much furniture was broken and ruined. +Families of women and children were left without a meal, and many homes +were burned. Cattle and stock were wantonly killed. What could not be +carried away was burned and destroyed.[115] + +Though two-thirds of the state was untouched by the enemy two months +before the close of hostilities, yet when the surrender came. Alabama was +as thoroughly destroyed as Georgia or South Carolina in Sherman's track. + + +SEC. 2. MILITARY ORGANIZATION + +Alabama Soldiers: Numbers and Character + +The exact number of Confederate soldiers enlisted in Alabama cannot be +ascertained. The original records were lost or destroyed, and duplicates +were never completed. There were on the rolls infantry regiments numbered +from 1 to 65, but the 52d and 64th were never organized. Of the 14 cavalry +regiments, numbered from 1 to 12, two organizations were numbered 9. There +was one battalion of artillery, afterwards transferred to the regular +service, and 18 batteries. + +In Alabama, as in the other southern states, local pride has placed the +number of troops furnished at a very high figure. Colonel W. H. Fowler, +superintendent of army records, who worked mainly in the Army of Northern +Virginia, estimated the total number of men from Alabama at about 120,000. +Governor Parsons, in his inaugural proclamation, evidently following +Fowler's statistics, placed the number at 122,000,[116] while Colonel M. +V. Moore placed the number at 60,000 to 65,000.[117] General Samuel +Cooper, adjutant and inspector-general of the Confederate States Army, +estimated that not more than 600,000 men in the Confederacy actually bore +arms.[118] This estimate would make the share of Alabama even less than +Colonel Moore estimated. The highest estimates have placed the number at +128,000 and 135,000, but the correct figures are evidently somewhere +between these extremes.[119] + +The Superintendent of the Confederate Bureau of Conscription estimated +that according to the census of 1860 there were in Alabama, from 1861 to +1864, 106,000 men between the ages of eighteen and forty-five, and of +these, more than 8000 had been regularly exempted during the year 1864, +all former exemptions having been revoked by act of Congress, February 17, +1864.[120] Livermore's estimate,[121] based on the census of 1860, was: +There were in Alabama (1861) between the ages of eighteen and forty-five, +99,967 men, and in the entire Confederacy there were 265,000 between the +ages of thirteen and sixteen. Of the latter, a rough estimate would place +Alabama's proportion about one-tenth of the whole, that is, about 26,500. +Those men over forty-five who later became liable to military duty he +estimates at 20,000, that is, about 2000 in Alabama. Thus there were in +Alabama, in 1861, not allowing for deaths, 127,467 persons who would +become subject to military service unless exempted. Livermore places the +number of boys from ten to twelve years of age and of men from forty-seven +to fifty, in the Confederacy in 1861, at 300,000, or about 30,000 in +Alabama. These would become liable to service in the state militia before +1865.[122] In 1861 the governor stated that by October 7 there had been +27,000 enlistments in the various organizations. Several of these commands +were enrolled for short terms of three months, six months, or one year. +Before November, 1862, there had been 60,000 enlistments. Included in this +number were several thousand reënlistments and transfers. At the end of +1863, when enlistment and reorganization had practically ceased, there +had been 90,857 enlistments of all kinds from Alabama.[123] For two years +troops were organized in Alabama much faster than they could be supplied +with arms. For months some of the new regiments waited for equipment. Four +thousand men at Huntsville were in service several months before arms +could be procured, and several infantry regiments were drilled as +artillery for a year before muskets were to be had.[124] + +Before the close of 1863, Alabama had placed in the Confederate service +about all the men that could be sent. The organization of new regiments by +original enlistment practically ceased with the fall of 1862. In 1863, +only three regiments were thus organized, and two of these were composed +of conscripts and men attracted by the special privileges offered.[125] +The other regiments, formed after the summer of 1862, were made by +consolidating smaller commands that were already in service. The few small +regiments of reserves called out in 1864 and 1865 and given regular +designations saw little or no service. Those few who were made liable to +service by the conscript law and who entered the army at all, as a rule +went as volunteers and avoided the conscript camps. The strength of the +Alabama regiments came from central and south Alabama, for the full +military strength of north Alabama could not be utilized on account of +invasion by the enemy. At first there were many small commands--companies +and battalions--which were raised in a short time and sent at once to the +front before a regimental organization could be effected. Later these were +united to form regiments. Nearly all the higher numbered infantry +regiments and more than half of the cavalry regiments were formed in this +way. The first regiments raised and the strongest in numbers were sent to +Virginia. To these went also the largest number of the recruits secured by +the recruiting officers sent out by the regiments. On an average, about +350 recruits or transfers were secured by each Alabama regiment in +Virginia, though some had almost none. There were numbers of persons who +obtained authority to raise new commands for service near their homes, and +in order to fill the ranks of their regiments and companies they would +offer special inducements of furloughs and home stations. The cavalry and +artillery branches of the service were popular and secured many men needed +in the infantry regiments.[126] Each commander of a separate company or +battalion desired to raise his force to a regiment, and it was to the +interest of the state to have as many organizations as possible in the +field as its quota. A better show was thus made on paper. Such conditions +prevented the recruitment of old regiments, especially those in the armies +that surrendered under Johnston and Taylor. Consequently the regiments in +the Western Army were, as a rule, much smaller than the ones in the Army +of Northern Virginia, to which recruits were sent instead of new +regiments. + +In each infantry and cavalry regiment there were ten companies.[127] The +original strength of each company was from 64 to 100. Later the number was +fixed at 104 to the company for infantry, 72 for cavalry, and 70 in the +artillery. After the formation of new commands had practically ceased, the +number for each company of infantry was raised to 125 men, 150 in the +artillery, and 80 in the cavalry.[128] The original strength of each +infantry regiment was, therefore, from 640 to 1000, not including +officers; of cavalry, 600 to 720. A battery of artillery seems to have had +any number from 70 to 150, though usually the smaller number. The size of +the regiments varied greatly. Colonel Fowler reported that to February 1, +1865, 27,022 men had joined the 20 Alabama regiments in Virginia, an +average of 1351 men to the regiment. Brewer gives the total enrolment of +15 regiments in the Army of Northern Virginia as 21,694, an average of +1446 to the regiment.[129] Four of these regiments had an enrolment of +less than 1200;[130] so it is evident that the other 5, not given by +Brewer, must have averaged about 1265 to the regiment.[131] These numbers +include transfers, details, and reënlistments, the exact number of which +it is impossible to ascertain. Brewer lists the transfers and discharges +from 15 regiments at 4398, an average of 293 each, of which about +one-third seem to have been transfers.[132] There were also many +reënlistments from disbanded organizations.[133] Both Brewer and Fowler +count each enlistment as a different man and arrive at about the same +results.[134] + +The enrolment of 8 Alabama regiments in Johnston's army, as given by +Brewer, amounted to 8300, an average to the regiment of 1037.[135] It was +the practice, in 1864 and 1865, to unite two or more weaker regiments into +one. No Alabama regiments in Virginia were so united, and of the 8 in the +Western Army, whose enrolment is given by Brewer, only 1 was afterward +united with another.[136] It would then seem that the enrolment of the +strongest regiments is known.[137] The total number of enlistments in the +Alabama commands in Virginia was, according to Fowler, about 30,000, and +these were in 20 infantry regiments, and a few smaller commands. In the +armies surrendered by Johnston and Taylor there were 38 Alabama infantry +regiments, and 13 of these had been consolidated on account of their small +numbers. Eight of them which remained separate and which must have been +stronger than the ones united had enrolled an average of 1037 (according +to Brewer). Thirty-eight regiments of this strength (which is probably too +large an estimate) would give a total enrolment of 39,406. This number, +added to Fowler's estimate of 27,022 in the Army of Northern Virginia, +will give 66,428 enlistments of all kinds, for the infantry arm of the +service. Add to this 3000 for the 3 regiments of reserves called out in +1864,[138] and the total is 69,428 enlistments in the infantry. + +There were 14 cavalry regiments, 7 of which, and possibly more, were +formed by the consolidation of smaller commands already in service. The +cavalry regiments did not enter the service as early as the infantry, only +1 regiment being organized in 1861. The original strength of each +regiment, as has been said, was from 600 to 720. All these regiments +served in the commands surrendered by Johnston and Taylor, where recruits +were scarce, so 1000 to the regiment is a very large estimate of total +enrolment. However, this would give 14,000 in the cavalry regiments. + +Of artillery, there were 19 batteries and 1 battalion of 6 batteries, +making 25 batteries in all, with an enrolment ranging from 70 to 150 in +each. A total enrolment of 3750, or 150 to each battery, would be a large +estimate. + +Fowler reported about 3000 enlistments in the various smaller commands +from Alabama in the Army of Northern Virginia.[139] An additional 2000 +would more than account for all similar scattering commands in the other +armies.[140] + +The total enrolment may then be estimated:-- + + Army of Northern Virginia (Fowler report) 27,022 + Army of Northern Virginia, scattering (Fowler report) 3,000 + Armies of the West--infantry (estimate) 39,406 + Armies of the West--cavalry 14,000 + Scattering 2,500 + Artillery 3,750 + ------ + 89,678 + +This total includes many transfers and reënlistments, which can be only +roughly estimated. In the Army of Northern Virginia 464 resigned, 245 +were retired, 3639 were discharged, 1815 were transferred to other +commands, and 1666 deserted or were unaccounted for. Those who +resigned--as a rule to accept higher positions--reëntered the service. +Almost all of those who retired or were discharged had to enter the +reserves, and many of them again became liable to service. Numbers of +soldiers were accustomed to leave one command and go to another without +any formality of transfer. Deserters who were driven back to the army +nearly always chose to enter other regiments than their own. There were +numbers of transfers from the cavalry to the infantry, for each cavalryman +had to furnish his own horse, and, should it be killed or die and the +soldier be unable to secure another, he was sent to an infantry regiment. +There were also smaller infantry organizations, which were mounted and +merged into the cavalry regiments. Half of the enlistments in the +artillery came from the infantry. One regiment[141] at one time lost 100 +men in this way, and it has been estimated that one-fifth of the Alabama +soldiers served in more than one command.[142] Counting each name on the +rolls as one man, as Brewer and Fowler do,[143] it is difficult to see how +more than 90,000 enlistments can be counted, and from this total must be +deducted several thousand for transfers and reënlistments. Miller's +estimate of a deduction of one-fifth for names counted twice would make +the total number of different men about 75,000, which is probably about +the correct number. Not only were the same names counted twice, and even +oftener in different commands, but sometimes in the same companies and +regiments they were counted more than once. It was to the interest of +local and state authorities to have each enlistment counted as a different +man, and this was invariably done.[144] Five of the early regiments were +reorganized and reënlisted, and thus 5000 at least were added to the total +enrolment without securing a single recruit. The three-year regiments +reënlisted in 1864,[145] and here again were extra thousands of +enlistments to be added to the former total. There were also 19 infantry +regiments[146] which were formed by the reorganization of former commands +that had already been counted, and upon reënlistment for the war they were +again counted. In this same way 7 regiments at least of cavalry were +formed.[147] this way it is possible to count up a total enlistment from +Alabama of about 120,000.[148] There is no method which will even +approximate correctness by which the total number of enlistments may be +reduced to enlistments for a certain term, as three years or four years. +The history of every enlistment must first be known. + +There were three lieutenant-generals who entered the service in command of +Alabama troops--John B. Gordon, Joseph Wheeler,[149] James +Longstreet[149]; seven major-generals--H. D. Clayton, Jones M. +Withers,[149] E. M. Law, C. M. Wilcox, John H. Forney,[149] W. W. Allen, +R. E. Rodes[147]; and thirty-six brigadier generals--Tennent Lomax,[150] +P. D. Bowles,[149] S. A. M. Wood, E. A. O'Neal, William H. Forney, J. C. +C. Sanders,[149, 150] I. W. Garrott,[150] Archibald Gracie,[149, 150] B. +D. Fry, James Cantey, J. T. Holtzclaw, E. D. Tracy,[150] E. W. Pettus, Z. +C. Deas, G. D. Johnston, C. M. Shelly, Y. M. Moody, Wm. F. Perry, John T. +Morgan, M. H. Hannon, Alpheus Baker, J. H. Clanton, James Hagan, P. D. +Roddy, John Gregg,[150] L. P. Walker, D. Leadbetter,[149, 150] J. H. +Kelley,[149, 150] J. Gorgas, C. A. Battle, John W. Frazer, Alex. W. +Campbell, Thomas M. Jones, M. J. Bulger, John C. Reid, James Deshler.[150] +Other Alabamians exercised commands in the troops of other states, and +several were staff officers of general rank. The naval commanders were +Semmes, Randolph, and Glassell, and a few subordinate officers.[151] + +During the early months of 1865 a movement was started to enroll negroes +as Confederate soldiers, and a number of officers, among whom was John T. +Morgan, received permission to raise negro troops. The conference of +governors at Augusta in 1864 recommended the arming of slaves, but +Governor Watts asked the Alabama legislature to disapprove such a +movement.[152] An enthusiastic meeting of citizens, held in Mobile, +February 19, 1865, declared that the war must be prosecuted "to victory or +death," and that 100,000 negroes should be placed in the field.[153] It +was too late, however, for success. Wilson, on his raid, picked up the +Confederate negro troops at Selma, and took them with him.[154] In 1862, +the "Creoles" of Mobile applied for permission to enlist in a body. They +were mulattoes, but were free by the treaties with France in 1803 and with +Spain in 1819, were property holders, often owning slaves, and were an +orderly, respectable class, true to the South and anxious to fight for the +Confederacy. The Secretary of War was not friendly to the proposal, but in +November, 1862, the legislature of Alabama authorized their enlistment for +the defence of Mobile. A year later, at the urgent request of General +Maury, they were received into the Confederate service as heavy +artillery.[155] + +The Alabama troops in the Confederate service made a notably good record. +The flower of the Alabama army served with Lee in Virginia, but nearly as +good were the Alabama troops in the western armies. Brewer says they moved +"high and haughty in the face of death." The regiments of reserves raised +late in the war and stationed within the state were not very good. Yet +there were instances of regiments, with bad reputation when stationed near +home, making splendid records when sent to the front. The spirit of the +troops at the front was high to the last. In 1864 an Alabama regiment +reënlisted for the war, with the oath that they would "live on bread and +go barefoot before they would leave the flag under which they had fought +for three years."[156] On the morning of April 9, 1865, the Sixtieth +Alabama (Hilliard's Legion), then about 165 strong, captured a Federal +battery.[157] Fowler, in his report in 1865, asserts that Alabama sent +more troops into the service than any other state; also that she sent more +troops in proportion to her population than any other state. "I am certain +too," he says, "that when General Lee surrendered his army, the +representation from Alabama on the field that day was inferior to no other +southern state in numbers, and surely not in gallantry."[158] + + +Union Troops from Alabama + +To the Union army Alabama furnished about 3000 regular enlistments. Of +these 2000 were white men. It is not likely that there were many more, +since in 1900 there were in Alabama only 3649 persons, northerners, +negroes, and all, drawing pensions, and some of these on account of the +Indian and Mexican wars.[159] The white Union troops served in the First +Alabama Union Cavalry, in the First Alabama and Tennessee Cavalry (the +First Vedette), Kennamer's Scouts (Cavalry), and in northern +regiments--principally those from Indiana. The report of the Secretary of +War for 1864-1865 says that no white regiments were regularly enlisted in +Alabama for the Union army. But this is evidently not correct, since the +report for 1866 says that there were 2576 enlistments in Alabama for +various periods of service.[160] + +Of negro regiments in the Union army, there were the First Alabama +Volunteers, afterward known as the Fifth United States Colored Infantry, +the Second Alabama Volunteers (negroes), and the First Alabama Colored +Artillery, afterward known as the Sixth United States Heavy Artillery, +which served at Fort Pillow. Late in 1864 General Lorenzo Thomas reported +that he had recently organized three regiments of colored infantry in +Alabama, and Wilson organized several other negro regiments in the state +in 1865. Many negroes from north Alabama went into various negro +organizations, and were credited to the northern states, the official +records showing only 4969 negro enlistments credited directly to Alabama. +A conservative estimate would be from 2000 to 2500 whites and 10,000 +negroes enlisted in Alabama, not counting those who were enrolled in the +spring of 1865.[161] The white Union soldiers from Alabama were mostly +poor men from the mountain counties of north Alabama. The Union troops +from Alabama received no bounty.[162] + + +The Militia System + +The militia system of Alabama in 1861 existed only in the statute books, +and in the persons of a few brigadiers and a major-general, whose entire +duty had consisted in wearing uniforms at the inauguration of a governor +and ever thereafter bearing military titles. A series of Arabic numbers, +something more than a hundred, was assigned to the militia regiments that +were unorganized, but which, under favorable circumstances, might be +enrolled and called out. The county was the unit. To each county was +assigned one regiment or more according to the white population. Several +counties formed a militia district under a brigadier-general, and over all +was a major-general. Bodies of trained volunteers were not connected with +the militia system at all, but these went at once, on the outbreak of war, +into the state army, which was soon merged into the Confederate army. + +In theory the militia consisted of all the male citizens of Alabama of +military age. The enlistments for war service soon reduced the material +from which militia regiments could be formed, and the system broke down +before it was tried. A few regiments may have been enrolled in 1861 and +1862, but if so, they at once entered the Confederate service. The +Forty-eighth Alabama Militia regiment was ordered out to defend Mobile in +1861, and $6000 was appropriated to provide pikes and knives with which to +arm them, as it was impossible to get firearms. On March 1, 1862, +Governor Shorter appealed to the people to give their shotguns, rifles, +bowie-knives, pikes, powder, and lead to state agents, probate judges, +sheriffs, and other state officials for the use of the state militia.[163] +A few days later he ordered out, for the defence of Mobile and the coast, +the militia from the river counties and the southwestern +counties--eighteen counties in all. But the militia failed to appear. It +seems that the governor expected a hearty response from the people. He +asked for too much, and got nothing. On March 12, 1862, he again ordered +out the militia, this time specifying the regiments by number.[164] But +again the militia failed to respond. The fact was, there was no longer any +militia; the officers and men had gone, or were preparing to go, into the +Confederate service. Many of the militia regiments could not have mustered +a dozen men, and it is doubtful if there was a muster-roll of a militia +regiment in all Alabama.[165] In May, 1862, the governor, recognizing that +the militia system was worthless as a means of raising troops for home +defence, issued a proclamation asking the people to form volunteer +organizations. The response, as he said, "was not prompt." The legislature +of that year, not seeing the necessity, refused to reorganize the militia +so as to give the governor any effective control. The people seem not to +have been worried by any fear of invasion, and many thought that +organization into militia companies was merely preliminary to entering the +Confederate service. Some did not wish to go until they had to do so, +others preferred to go at once to the Confederate army. It appears that +all persons, for various reasons, disliked militia service. + +December 22, 1862, the governor issued a proclamation, in which, after +mentioning the tardy response to his May proclamation and the failure of +the legislature to reorganize the system, he again asked the people to +volunteer in companies for home defence.[166] He begged the people to +drive those who were shirking service to their duty by the force of public +scorn. He requested that business houses be closed early in order to give +time for drill. The response to this was the same as to his previous +proclamation. There was no longer any material for a militia organization. +Early in 1863, and in some sections even before, the need began to be felt +for a militia force to execute the laws. Under the direction of the +governor, small commands were organized here and there of those who were +not likely to become subject to service in the Confederate army. These +were state and Confederate officials, young boys, and sometimes old men. +These organizations were later a source of constant conflict between the +state authorities and the Confederate enrolling officers, who wanted to +take such commands bodily into the Confederate service, and who usually +did so with the full consent of most of the men and to the great +indignation of the governor.[167] In August, 1863, the legislature finally +passed a law to reorganize the militia system, or rather to establish a +new system. By the law an official in each county, appointed by the +governor, was to enroll as first-class militia all males under seventeen +and over forty-five years of age, including all state and Confederate +civil officials, and those physically disqualified for service in the +Confederate army. The second class was to consist of those not in the +first class, that is, of men between seventeen and forty-five years of +age. But men of the second class were subject to enrolment by Confederate +conscript officers, and consisted of the few thousand who were specially +exempted by the Confederate authorities. Those of the first class who +wished to do so might enroll in the second class. The governor was given +the usual power over the militia, but it was ordered that the first-class +militia was not to go beyond the limits of the county to which it +belonged.[168] Presumably the second class might be ordered beyond the +county limits, but there were so few in their class that they were not +organized. The first-class militia in each county was under a commandant +of reserves, militia now being called reserves. He had the power to call +it out to repel invasion and execute the laws. Jealousy of Confederate +authority had caused the legislature to take legal means of making the +militia worthless to the Confederacy, and useful only for local defence +and for executing the state laws in particular localities.[169] Still, +the system seems to have been practically useless, and the governor +continued to organize small irregular commands to execute the laws and to +furnish military escorts to civil officials. As has been stated, such +commands were highly approved of by the Confederate enrolling officers, +who eagerly persuaded them to join the Confederate army, and thus called +forth strong remonstrances from Governor Watts. The War Department +reasoned that a state could keep troops of war which were not subject to +absorption in the Confederate service, but that the militia were subject +to the superior claims of the Confederacy.[170] February 6, 1864, Governor +Watts, in an address to the people, declared that a raid into the state +was threatened and called upon young and old to volunteer for the defence +of the state.[171] The reserve system was now worthless. Few of the +regiments had more than fifty men, many had none, and the governor was +powerless to use them beyond the limits of their respective counties. The +state was at the mercy of any invading force, and Rousseau's Raid, through +the heart of the state, showed the woful condition of affairs. On October +7, 1864, the legislature passed an act which prohibited Confederate army +officers from commanding the reserves. It was again ordered that the +first-class reserves should not serve beyond the limits of the county to +which they belonged. At the same time, permission was granted to the +harassed citizens of Dale and Henry counties to organize themselves to +protect their homes, provided they did so under the direction of the +commandant of the first-class militia. Perhaps the legislature was afraid +that, if left to themselves, they might cross the county line, or choose a +Confederate officer to lead them. In December, 1864, when north Alabama +was almost entirely overrun by tories, deserters, and Federals, the +citizens of Marion County were authorized to organize into squads and +protect themselves.[172] Still the legislature refused to make an +effective reorganization of the militia. When the spring campaign in 1865 +began, Governor Watts appealed to the people to do what the legislature +had failed to do. The first-class militia could not, he said, be ordered +beyond the limits of their counties, and in three congressional districts +in north Alabama it had not been and, by law, could not be, organized. He +estimated that 30,000 men were enrolled in the first-class militia, of +whom 4000 were boys, and to the latter he made the appeal to defend the +state. Evidently the remaining 26,000 men were, in his estimation, not +worth much as soldiers. However, he called upon all first-class militia to +volunteer as second class.[173] A few hundred responded to this appeal, +and all of them who saw active service were with Forrest in front of +Wilson. + +The various organizations mentioned in the War Records, the Junior +Reserves, Senior Reserves, Mobile Regiment, Home Guards, Local Defence +Corps,[174] and others, were, except the reserves, volunteer organizations +for local defence, and all that saw active service before 1865, except the +Home Guards, were absorbed into the Confederate organization.[175] The +stupid conduct of the legislature during the last two years of the war in +failing to provide for the defence of the state cannot be too strongly +condemned. The final result would have been the same, but a strong force +of militia would have enabled Governor Watts to execute the laws in all +parts of the state, and to protect the families of loyal citizens from +outrage by tories and deserters. + + +SEC. 3. CONSCRIPTION AND EXEMPTION + +Confederate Enrolment Laws + +In the spring of 1862, the Confederate Congress passed the Enrolment Act, +by which all white men between the ages of eighteen and thirty-five were +made liable to military service at the call of the President, and those +already in service were retained. The President was authorized to employ +state officials to enroll the men made subject to duty, provided the +governor of the state gave his consent; otherwise he was to employ +Confederate officials. The conscripts thus secured were to be assigned to +the state commands already in the field until these organizations were +recruited to their full strength. Substitutes were allowed under such +regulations as the Secretary of War might prescribe.[176] Five days +later, a law was passed exempting certain classes of persons from the +operations of the Enrolment Act. These were: Confederate and state +officials, mail-carriers, ferrymen on post-office routes, pilots, +telegraph operators, miners, printers, ministers, college professors, +teachers with twenty pupils or more, teachers of the deaf, dumb, and +blind, hospital attendants, one druggist to each drug store, and +superintendents and operatives in cotton and wool factories.[177] In the +fall of 1862, the Enrolment law was extended to include all white men from +thirty-five to forty-five years of age and all who lacked a few months of +being eighteen years of age. They were to be enrolled for three years, the +oldest, if not needed, being left until the last.[178] + +At this time was begun the practice, which virtually amounted to +exemption, of making special details from the army to perform certain +kinds of skilled labor. The first details thus made were to manufacture +shoes for the army.[179] The list of those who might claim exemption, in +addition to those named in the act of April 21, 1862, was extended to +include the following: state militia officers, state and Confederate +clerks in the civil service, railway employees who were not common +laborers, steamboat employees, one editor and the necessary printers for +each newspaper, those morally opposed to war, provided they furnished a +substitute or paid $500 into the treasury, physicians, professors, and +teachers who had been engaged in the profession for two years or more, +government artisans, mechanics, and other employees, contractors and their +employees furnishing arms and supplies to the state or to the Confederacy, +factory owners, shoemakers, tanners, blacksmiths, wagon makers, millers, +and engineers. The artisans and manufacturers were granted exemption from +military service provided the products of their labor were sold at not +more than seventy-five per cent profit above the cost of production. On +every plantation where there were twenty or more negroes one white man was +entitled to exemption as overseer.[180] + +In the spring of 1863 mail contractors and drivers of post-coaches were +exempted;[181] and it was ordered that those exempted under the so-called +"twenty-negro" law should pay $500 into the Confederate treasury; also, +that such state officials as were exempted by the governor might be also +exempted by the Confederate authorities. The law permitting the hiring of +substitutes by men liable to service was repealed on December 28, 1863, +and a few days later even those who had furnished substitutes were made +subject to military duty.[182] + +A law of February 17, 1864,[183] provided that all soldiers between the +ages of eighteen and forty-five should be retained in service during the +war. Those between the ages of seventeen and eighteen, and forty-five and +fifty were called into service as a reserve force for the defence of the +state. All exemptions were repealed except the following: (1) the members +of Congress and of the state legislature, and such Confederate and state +officers as the President or the governors might certify to be necessary +for the proper administration of government; (2) ministers regularly +employed, superintendents, attendants, and physicians of asylums for the +deaf, dumb, and blind, insane, and other public hospitals, one editor for +each newspaper, public printers, one druggist for each drug store which +had been two years in existence, all physicians who had practised seven +years, teachers in colleges of at least two years' standing and in schools +which had twenty pupils to each teacher; (3) one overseer or agriculturist +to each farm upon which were fifteen or more negroes, in case there was no +other exempt on the plantation. The object was to leave one white man, and +no more, on each plantation, and the owner or overseer was preferred. In +return for such exemption, the exempt was bound by bond to deliver to the +Confederate authorities, for each slave on the plantation between the ages +of sixteen and fifty, one hundred pounds of bacon or its equivalent in +produce, which was paid for by the government at prices fixed by the +impressment commissioners. In addition, the exempt was to sell his surplus +produce at prices fixed by the commissioners. The Secretary of War was +authorized to make special details, under the above conditions, of +overseers, farmers, or planters, if the public good demanded it; also (4) +to exempt the higher officials of railroads and not more than one employee +for each mile of road; and (5) mail carriers and drivers. The President +was authorized to make details of old men for special service.[184] By an +act passed the same day free negroes from eighteen to fifty years of age +were made liable to service with the army as teamsters. These acts of +February 17, 1864, were the last Confederate legislation of importance in +regard to conscription and exemption. During the year 1864 the Confederate +authorities devoted their energies to construing away all exemptions +possible, and to absorbing the state reserve forces into the Confederate +army. + + +Policy of the State in Regard to Conscription + +To return to 1861. The state legislature, when providing for the state +army, authorized the governor to exempt from militia duty all railway, +express, steamboat, and telegraph employees, but even the fire companies +had to serve as militia.[185] The operation of the enrolment law stripped +the land of men of militia age, and on November 17, 1862, the legislature +ordered to duty on the public roads men from sixteen to eighteen years of +age, and forty-five to fifty-five, and later all from sixteen to fifty as +well as all male slaves and free negroes from fourteen to sixty years of +age.[186] Militia officers between the ages of eighteen and forty-five +were declared subject to the enrolment acts of Congress,[187] as were also +justices of the peace, notaries public, and constables.[188] + +Yet, instead of making an effective organization of the militia, the +legislature in 1863 proceeded to frame a law of exemptions patterned after +that of the Confederacy. It released from militia duty all persons over +forty-five years of age, county treasurers, physicians of seven years' +practice or who were in the public service, ministers, teachers of three +years' standing, one blacksmith in each beat, the city police and fire +companies, penitentiary guards, general administrators who had been in +service five years, Confederate agents, millers, railroad employees, +steamboat officials, overseers, managers of foundries, salt makers who +made as much as ten bushels a day and who sold it for not more than $15 +per bushel. Besides, the governor could make special exemptions.[189] In +1864 millers who charged not more than one-eighth for toll were +exempted.[190] It will be seen that in some respects the state laws go +farther in exemption than the Confederate laws, and thus were in conflict +with them. But it must be remembered that the Confederacy had already +stripped the country of nearly all the able-bodied men who did not evade +duty. To this time, however, there was no conflict between the state and +Confederate authorities in regard to conscription. An act was also passed +providing for the reorganization of the penitentiary guards, and only +those not subject to conscription were retained.[191] A joint resolution +of August 29, 1863, called upon Congress to decrease the list of +exemptions, as many clerks and laborers were doing work that could be done +by negroes. At the end of the year 1863 the legislature asked that the +conscript law be strictly enforced by Congress.[192] + +On the part of the state rights people, there was much opposition to the +enrolment or conscription laws on the ground that they were +unconstitutional. Several cases were brought before the state supreme +court, and all were decided in favor of the constitutionality of the laws; +furthermore, it was decided that the courts and judicial officers of the +state had no jurisdiction on _habeas corpus_ to discharge from the custody +of a Confederate enrolling officer persons who had been conscripted under +the law of Congress.[193] A test case was carried to the state supreme +court, which decided that a person who had conscientious scruples against +bearing arms might pay for a substitute in the state militia and claim +exemption from state service, but if conscripted he was not exempted +from the Confederate service unless he belonged to the religious +denominations specially exempted by the act of Congress.[194] The court +also declared constitutional the Confederate law which provided that when +a substitute became subject to military duty his principal was thereby +rendered liable to service.[195] In 1864 the supreme court held that the +state had a right to subject to militia service persons exempted by the +Confederate authorities as bonded agriculturists under the acts of +February 17, 1864, and that only those overseers were granted exemption +from militia service under the act of Congress in 1863 who at the time +were not subject to militia duty, and not those exempted from Confederate +service by the later laws,[196] and that the clause in the act of Congress +passed February 17, 1864, repealing and revoking all exemptions, was +constitutional.[197] In other cases the court held that a person regularly +enrolled and sworn into the Confederate service could not raise any +question, on _habeas corpus_, of his assignment to any particular command +or duty,[198] but that the state courts could discharge on _habeas corpus_ +from Confederate enrolling officers persons held as conscripts, who were +exempted under Confederate laws;[199] that the Confederacy might reassert +its rights to the military service of a citizen who was enrolled as a +conscript and, after producing a discharge for physical disability, had +enlisted in the state militia service;[200] and finally, that the right of +the Confederacy to the military service of a citizen was paramount to the +right of the state.[201] + +[Illustration: THE FIRST CONFEDERATE CAPITOL. The State Capitol, +Montgomery.] + +[Illustration: MONTGOMERY RESIDENCE OF PRESIDENT DAVIS.] + +[Illustration: CONFEDERATE MONUMENT, MONTGOMERY.] + +[Illustration: THE INAUGURATION OF JEFFERSON DAVIS. (From an old +negative.)] + +During the year 1864 Governor Watts had much trouble with the Confederate +enrolling officers who insisted upon conscripting his volunteer and +militia organizations, whether they were subject to duty under the laws or +not. The authorities at Richmond held that while a state might keep +"troops of war" over which the Confederacy could have no control, yet the +state militia was subject to all the laws of Congress. "Troops of war," as +the Secretary of War explained, would be troops in active and permanent +service,[202] and hence virtually Confederate troops. A state with troops +of that description would be very willing to give them up to the +Confederacy to save expense. Thus we find the legislature of Alabama +asking the President to receive and pay certain irregular organizations +which had been used to support the Conscript Bureau.[203] The legislature, +now somewhat disaffected, showed its interest in the operations of the +enrolling officers by an act providing that conscript officials who forced +exempts into the Confederate service should be liable to indictment and +punishment by a fine of $1000 to $6000 and imprisonment of from six months +to two years.[204] It went a step further and nullified the laws of +Congress by declaring that state officials, civil and military, were not +subject to conscription by the Confederate authorities.[205] + + +Effect of the Enrolment Laws + +Few good soldiers were obtained by conscription,[206] and the system, as +it was organized in Alabama,[207] did more harm than good to the +Confederacy. The passage of the first law, however, had one good effect. +During the winter of 1861-1862, there had been a reaction from the +enthusiastic war feeling of the previous summer. Those who thought it +would be only a matter of weeks to overrun the North now saw their +mistake.[208] Many of the people still had no doubt that the North would +be glad to make peace and end the war if the government at Richmond were +willing. Numbers, therefore, saw no need of more fighting, and hence did +not volunteer. Thousands left the army and went home. A measure like the +enrolment act was necessary to make the people realize the actual +situation. Upon the passage of the law all the loyal population liable to +service made preparations to go to the front before being conscripted, +which was deemed a disgrace, and the close of the year 1862 saw +practically all of them in the army. Those who entered after 1862 were +boys and old men.[209] Many not subject to service volunteered, so that +when the age limit was extended but few more were secured. + +Great dissatisfaction was expressed among the people at the enrolment law. +Some thought that it was an attack upon the rights of the states, and the +irritating manner in which it was enforced aroused, in some localities, +intense popular indignation. Conscription being considered disgraceful, +many who would have been glad for various good reasons to remain at home a +few months longer went at once into service to escape conscription. Yet +some loyal and honest citizens found it disastrous to leave their homes +and business without definite arrangements for the safety and support of +their families. Such men suffered much annoyance from the enrolling +officers, in spite of the fact that the law was intended for their +protection. The conscript officials, often men of bad character, +persecuted those who were easy to find, while neglecting the disloyal and +refractory who might make trouble for them. In some sections such weak +conduct came near resulting in local insurrections; this was especially +the case in Randolph County in 1862.[210] The effect of the law was rather +to stop volunteering in the state organizations and reporting to camps of +instructions, since all who did either were classed as conscripts. Not +wishing to bear the odium of being conscripted, many thousands in 1862 and +1863 went directly into the regular service.[211] + +While the conscript law secured few, if any, good soldiers who would not +have joined the army without it, it certainly served as a reminder to the +people that all were needed, and as a stimulus to volunteering. Three +classes of people suffered from its operations: (1) those rightfully +exempted, who were constantly annoyed by the enrolling officers; (2) those +soon to become liable to service, who were not allowed to volunteer in +organizations of their own choice; and (3) "deadheads" and malcontents who +did not intend to fight at all if they could keep from it. It was this +last class that made nearly all the complaints about conscription, and it +was they whom the enrolling officers left alone because they were so +troublesome. + +The defects in the working of conscription are well set forth in a letter +from a correspondent of President Davis in December, 1862. In this letter +it was asserted that the conscript law had proven a failure in Mississippi +and Alabama, since it had stopped the volunteering. Governor Shorter was +reported to have said that the enforcement of it had been "a humbug and a +farce." The writer declared that the enrolling officers chosen were +frequently of bad character; that inefficient men were making attempts to +secure "bomb-proof" offices in order to avoid service in the army; and +that the exemption of slave owners by the "twenty-negro law" had a bad +influence upon the poorer classes. He also declared that the system of +substitutes was bad, for many men were on the hunt for substitutes, and +others liable to duty were working to secure exemptions in order to serve +as substitutes, while large numbers of men connected with the army managed +in this way to keep away from the fighting. He was sure, he said, that +there were too many hangers-on about the officers of high rank, and that +it was believed that social position, wealth, and influence served to get +young men good staff positions.[212] Another evil complained of was that +"paroled" men scattered to their homes and never heard of their exchange. +To a conscript officer whose duty it was to look after them they said that +they were "paroled," and he passed them by. The officers were said to be +entirely too lenient with the worthless people and too rigorous with the +better classes.[213] + + +Exemption from Service + +After the passage of the enrolment laws, every man with excessive regard +for the integrity of his person and for his comfort began to secure +exemption from service. In north Alabama men of little courage and +patriotism lost confidence after the invasions of the Federals, and +resorted to every expedient to escape conscription. Strange and terrible +diseases were developed, and in all sections of the state health began to +break down.[214] It was the day of certificates,--for old age, rheumatism, +fits, blindness, and various physical disabilities.[215] Various other +pretexts were given for staying away from the army, while some men hid +out in the woods. The governor asked the people to drive such persons to +their duty.[216] There was never so much skilled labor in the South as +now. Harness making, shoe making, charcoal burning, carpentering--all +these and numerous other occupations supposed to be in support of the +cause secured exemption. Running a tanyard was a favorite way of escaping +service. A pit was dug in the corner of the back yard, a few hides +secured, carefully preserved, and never finished,--for more hides might +not be available; then the tanner would be no longer exempt. There were +purchasing agents, sub-purchasing agents, and sub-sub-agents, cattle +drivers, tithe gatherers, agents of the Nitre Bureau, agents to examine +political prisoners,[217] and many other Confederate and state agents of +various kinds.[218] The class left at home for the enrolling officers to +contend with, especially after 1862, was a source of weakness, not of +strength, to the Confederate cause. The best men had gone to the army, and +these people formed the public. Their opinion was public opinion, and with +few exceptions the home stayers were a sorry lot. From them came the +complaint about the favoritism toward the rich. The talk of a "rich man's +war and a poor man's fight" originated with them, as well as the +criticism of the "twenty-negro law." In the minds of the soldiers at the +front there was no doubt that the slaveholder and the rich man were doing +their full share.[219] + +Very few of the slaveholders and wealthy men tried to escape service; but +when one did, he attracted more attention and called forth sterner +denunciation than ten poor men in similar cases would have done. In fact, +few able-bodied men tried to secure exemption under the "twenty-negro +law." It would have been better for the Confederacy if more planters had +stayed at home to direct the production of supplies, and the fact was +recognized in 1864,[220] when a "fifteen-negro law" was passed by the +Congress, and other exemptions of planters and overseers were +encouraged.[221] + +There is no doubt that those who desired to remain quietly at home--to be +neutral, so to speak--found it hard to evade the conscript officers. One +of these declared that the enrolling officers "burned the woods and sifted +the ashes for conscripts." Another who had been caught in the sifting +process deserted to the enemy at Huntsville. He was asked, "Do they +conscript close over the river?" "Hell, stranger, I should think they do; +they take every man who has not been dead more than two days."[222] But +the "hill-billy" and "sand-mountain" conscripts were of no service when +captured; there were not enough soldiers in the state to keep them in +their regiments. The Third Alabama Regiment of Reserves ran away almost in +a body. There were fifteen or twenty old men in each county as a +supporting force to the Conscript Bureau, and they had old guns, some of +which would not shoot, and ammunition that did not fit.[223] Thus the best +men went into the army, many of them never to return, and a class of +people the country could well have spared survived to assist a second time +in the ruin of their country in the darker days of Reconstruction. Often +the "fire-eating, die-in-the-last-ditch" radical of 1861 who remained at +home "to take care of the ladies" became an exempt, a "bomb-proof" or a +conscript officer, and later a "scalawag." + +Some escaped war service by joining the various small independent and +irregular commands formed for frontier service by those officers who found +field duty too irksome. Though these irregular bodies were, as we have +seen, gradually absorbed by the regular organizations, yet during their +day of strength they were most unpleasant defenders. The men sometimes +joined in order to have more opportunity for license and plunder, and such +were hated alike by friend and foe. + +Another kind of irregular organization caused some trouble in another way. +Before the extension of the age limits to seventeen and fifty, the +governor raised small commands of young boys to assist in the execution of +the state laws, no other forces being available. Later, when the +Confederate Congress extended its laws to include these, the conscript +officers tried to enroll them, but the governor objected. The officers +complained that, in order to escape the odium of conscription, the young +boys who were subject by law to duty in the reserves evaded that law by +going at once into the army, or by joining some command for special duty. +They were of the opinion that these boys should be sent to camps of +instruction. The governor had ten companies of young men under eighteen +years of age raised near Talladega, and really mustered into the +Confederate service as irregular troops, before the law of February 17, +1864, was passed. After the passage of the law, the enrolling officers +wished to disband these companies and send the men to the reserves. Watts +was angered and sharply criticised the whole policy of conscription. He +said that much harm was done by the method of the conscript officers; that +it was nonsense to take men from the fields and put them in camps of +instruction when there were no arms for them, and no active service was +intended; they had better stay at home, drill once a week with volunteer +organizations, and work the rest of the time; to assemble the farmers in +camps for useless drill while the crops were being destroyed was "most +egregious folly." The governor also attacked the policy of the Bureau in +refusing to allow the enrolment in the same companies of boys under +eighteen and men over forty-five.[224] In regard to the attempts to +disband his small force of militia in active service, the governor used +strong language. To Seddon, the Secretary of War, he wrote in May, 1864: +"It must not be forgotten that the states have some rights left, and that +the right to troops in the time of war is guaranteed by the Constitution. +These rights, on the part of Alabama, I am determined shall be respected. +Unless you order the Commandant of Conscripts to stop interfering with +[certain volunteer companies] there will be a conflict between the +Confederate general [Withers] and the state authorities."[225] Watts +carried the day and the Confederate authorities yielded. + +The enrolment law provided that state officials should be exempt from +enrolment upon presenting a certificate from the governor stating that +they were necessary to the proper administration of the government. In +November, 1864, Governor Watts complained to General Withers, who +commanded the Confederate reserve forces in Alabama, that the conscript +officers had been enrolling by force state officials who held certificates +from the governor and also from the commandant of conscripts, and, he +added: "This state of things cannot long last without a conflict between +the Confederate and state authorities. I shall be compelled to protect my +state officers with all the forces of the state at my command." The +enrolling officers referred him to a decision of the Secretary of War in +the case of a state official in Lowndes County,--that by the act of +February 17, 1864, all men between the ages of seventeen and fifty were +taken at once into the Confederate service, and that state officials +elected later could not claim exemption. Governor Watts then wrote to +Seddon, "Unless you interfere, there will be a conflict between the +Confederate and the state authorities." He denied the right of Confederate +officers to conscript state officials elected after February 17, 1864: "I +deny such right, and will resist it with all the forces of the +state."[226] The Secretary of War replied by commending the Confederate +officers for the way in which they had done their duty, insisting that it +was not a political nor a constitutional question, but one involving +private rights, and that it should be left to the courts. This was +receding from the confident ruling made in the case of the Lowndes County +man. There was no more dispute and it is to be presumed that the governor +retained his officials.[227] No wonder that Colonel Preston, the chief of +the Bureau of Conscription, wrote to the Secretary of War that, "from one +end of the Confederacy to the other every constituted authority, every +officer, every man, and woman was engaged in opposing the enrolling +officer in the execution of his duties."[228] + +But these officers had only themselves to blame. They pursued a +short-sighted, nagging policy, worrying those who were exempt--the state +officials and the militia--because they were easy to reach, and neglecting +the real conscript material.[229] The work was known to be useless, and +the whole system was irritating to the last degree to all who came in +contact with it. It was useless because there was little good material for +conscription, except in the frontier country where no authority could be +exerted. During 1862 and 1863 practically nothing was done by the Bureau +in Alabama, and at the end of the latter year, Colonel E. D. Blake, the +Superintendent of Special Registration, reported that there were 13,000 +men in the state between the ages of seventeen and forty-five, and of +these he estimated 4000 were under eighteen years of age, and hence, at +that time, beyond the reach of the enrolling officers. More than 8000[230] +were exempt under laws and orders. This left, he said, 1000 subject to +enrolment. Nowhere, in any of the estimates, are found allowances for +those physically and mentally disqualified. The number then exempted in +Alabama by medical boards is unknown. In other states this number was +sometimes more and sometimes less than the number exempted by law and by +order. + +A year later, after all exemptions had been revoked, the number +disqualified for physical disability by the examining boards amounted to +3933. Besides these there were the lame, the halt, the blind, and the +insane, who were so clearly unfit for service that no enrolling officer +ever brought them before the medical board. The 4000 between the ages of +seventeen and eighteen, and also the 4600 between sixteen and seventeen, +came under the enrolment law of February 17, 1864, as also several +thousand who were over forty-five. But it is certain that many of these, +especially the younger ones, were already in the general service as +volunteers. It is also certain that many hundreds of all ages who were +liable to service escaped conscription, especially in north Alabama. In a +way, their places in the ranks were filled by those who did not become +liable to enrolment until 1864, or even not at all, but who volunteered +nevertheless. + +From April, 1862, to February, 1865, there had been enrolled at the camps +in Alabama 14,875 men who had been classed in the reports as conscripts. +This included all men who volunteered at the camps, all of military age +that the officers could find or catch before they went into the volunteer +service, details made as soon as enrolled, irregular commands formed +before the men were liable to duty, and a few hundred genuine conscripts +who had to be guarded to keep them from running away. It was reported that +for two years not a recruit was sent by the Bureau from Alabama to the +army of Tennessee or to the Army of Northern Virginia, but that the men +were enrolled in the organizations of the state. This means that much of +the enrolment of 14,875 was only nominal, and that this number included +the regiments sent to the front from Alabama in 1862, after the passage of +the Enrolment Act in April. Eighteen regiments were organized in Alabama +after that date, in violation of the Enrolment Act, many of the men +evading conscription, as the Bureau reported, by going at once into the +general service. The number who left in these regiments was estimated at +more than 10,000.[231] There was not a single conscript regiment. + +It is possible to ascertain the number exempted by law and by order before +1865. A report by Colonel Preston, dated April, 1864, gives the number of +exempts in Alabama as 8835 to January, 1864.[232] A month later, all +exemptions were revoked.[233] In February, 1865, a complete report places +the total number exempted by law and order in Alabama at 10,218, of whom +3933 were exempted by medical boards. The state officials exempted +numbered 1333,[234] and Confederate officials, 21; ministers, 726; +editors, 33, and their employees, 155; public printers, 3; druggists, 81; +physicians, 796; teachers, 352; overseers and agriculturists, 1447; +railway officials and employees, 1090; mail carriers and contractors, 60; +foreigners, 167; agriculture details, 38; pilots, telegraphers, +shoemakers, tanners, and blacksmiths, 86; government contractors, 44; +details of artisans and mechanics, 570; details for government service +(not specified), 218. There were 1046 men incapable of field service who +were assigned to duty in the above details, chiefly in the Conscript +Bureau, Quartermaster's Department, and Commissariat.[235] It is certain +that many others were exempted by being detailed from service in the army. +The list of those pardoned in 1865 and 1866 by President Johnson shows +many occupations not mentioned above. + +It is interesting to notice the fate of the conscript officers when +captured by the Federals. Bradford Hambrick was tried by a military +commission in Nashville, Tennessee, in January, 1864, charged with being a +Confederate conscript officer and with forcing "peaceable citizens of the +United States" in Madison County, Alabama, to enter the Confederate army. +He was convicted and sentenced to imprisonment at hard labor for one year, +and to pay a fine of $2000 or serve an additional imprisonment of 1000 +days.[236] + +To sum up: The early enrolment laws served to stimulate enlistment; the +later ones probably had no effect at all except to give the Bureau +something to do, and the law officers something on which to exercise their +wits. The conscript service also served as an exemption board. It secured +few, if any, enlistments that the state could not have secured, and +certainly lost more than it gained by harassing the people. The laws were +constantly violated by the state; this is proved by the enlistment of +eighteen new regiments contrary to the law. It finally drove the state +authorities into an attitude of nullification by its construction of the +enrolment laws. + +Neither the state nor the Confederate government had an efficient +machinery for securing enlistments. If there ever were laws regarded only +in the breaking, the Enrolment Acts were such laws. The conscripts and +exempts, like the deserters, tories, and Peace Society men, are important, +not only because they so weakened the Confederacy, but also because they +formed the party that would have carried out, or at least begun, +Reconstruction according to the plans of Lincoln and Johnson as first +proclaimed. Many of these people became "scalawags" later, probably +influenced to some extent by the scorn of their neighbors. + + +SEC. 4. TORIES AND DESERTERS + +In Alabama opposition to the Confederate government took two forms. One +was the rebellious opposition of the so-called "unionists" or "tories," +who later joined with the deserters from the army; the other was the legal +or constitutional opposition of the old coöperation or anti-secession +party, which maintained an unfriendly attitude toward the Confederate +administration, though the great majority of its members were loyal to the +southern cause. From this second class arose a so-called "Peace Party," +which desired to end the war on terms favorable to the South; and from +this, in turn, when later it was known that such terms could not be +secured, sprang the semi-treasonable secret order--the "Peace Society." In +1864, the "tories" and the Peace Society began to work together. Peculiar +social and political conditions will in part account for the strength and +growth of the opposition in two sections of the state far removed from +each other--in north Alabama and in southeast Alabama. + + +Conditions in North Alabama + +To the convention of 1861 forty-four members from north Alabama were +elected as coöperationists, that is, in favor of a union of the southern +states, within the old Union, for the purpose of securing their rights +under the Constitution or of securing safe secession. They professed to be +afraid of separate state secession as likely to lead to disintegration and +war. Thirty-one of these coöperationists voted against the ordinance of +secession, and twenty-four of them (mostly members from the northern hill +counties) refused to sign the ordinance, though all expressed the +intention to submit to the will of the majority, and to give the state +their heartiest support. When war came all espoused the Confederate +cause.[237] The coöperationist party as a whole supported the Confederacy +faithfully, though nearly always in a more or less disapproving spirit +toward the administration, both state and Confederate. + +North Alabama differed from other portions of the state in many ways. +There was no railroad connecting the country north of the mountains with +the southern part of the state, and from the northern counties it was a +journey of several days to reach the towns in central and south Alabama. +Hence there was little intercourse between the people of the two sections, +though the seat of government was in the central part of the state; even +to-day the intimacy is not close. For years it had been a favorite scheme +of Alabama statesmen to build railroads and highways to connect more +closely the two sections.[238] Geographically, this northern section of +the state belonged to Tennessee. The people were felt to be slightly +different in character and sympathies from those of central and south +Alabama, and whatever one section favored in public matters was usually +opposed by the other. Even in the northern section the population was more +or less divided. The people of the valley more closely resembled the west +Tennesseeans, the great majority of them being planters, having little in +common with the small farmers of the hill and mountain country, who were +like the east Tennesseeans. Of the latter the extreme element was the +class commonly known as "mountain whites" or "sand-mountain" people. These +were the people who gave so much trouble during the war, as "tories," and +from whom the loyal southerners of north Alabama suffered greatly when the +country was stripped of its men for the armies. Yet it can hardly be said +that they exercised much influence on politics before the war. Their only +representative in the convention of 1861 was Charles Christopher Sheets, +who did not speak on the floor of the convention during the entire +session. + +[Illustration: DISAFFECTION, 1801-1865] + +On the part of all in the northern counties there was a strong desire for +delay in secession, and they were angered at the action of the convention +in not submitting the ordinance to a popular vote for ratification or +rejection. Many thought the course taken indicated a suspicion of them or +fear of their action, and this they resented. Their leaders in the +convention expressed the belief that the ordinance would have easily +obtained a majority if submitted to the popular vote.[239] Much of the +opposition to the ordinance of secession was due to the vague sectional +dislike between the two parts of the state. It was felt that the ordinance +was a south Alabama measure, and this was sufficient reason for opposition +by the northern section. Throughout the entire session a local sectional +spirit dictated their course of obstruction.[240] In January and February +of 1861, there was some talk among the discontented people of seceding +from secession, of withdrawing the northern counties of Alabama and +uniting with the counties of east Tennessee to form a new state, which +should be called Nick-a-Jack, an Indian name common in East +Tennessee.[241] Geographically, this proceeding would have been correct, +since these two parts of the country are closely connected, the people +were alike in character and sentiment, and the means of intercourse were +better. The people of the valley and many others, however, had no sympathy +with this scheme. Lacking the support of the politicians and no leaders +appearing, the plan was abandoned after the proclamation of Lincoln, April +10, 1861. Had the war been deferred a few months, it is almost certain +that the discontented element of the population would have taken positive +steps to embarrass the administration; many believed that reconstruction +would take place. Only after four years of war was there after this any +appreciable number of the people willing to listen again to such a +proposition. In February, 1861, Jeremiah Clemens wrote that Yancey had +been burned in effigy in Limestone County (something that might have +happened at any time between 1845 and 1861); that some discontent still +existed among the people, but that this was daily growing weaker, and +unless something were done to excite it afresh, it would soon die +out.[242] Mr. John W. DuBose, a keen observer from the Cotton Belt, +travelled on horseback through the northern hill counties during the +winter of 1861 and 1862 as a Confederate recruiting officer. Thus he came +into close contact with all classes of people, eating at their tables, +sleeping in their beds, and in conversation learning their opinions and +sentiments on public matters. He saw no man, he says, who was not devoted +to the Confederacy. Several of the first and best volunteer regiments came +from this section of the state, and in these regiments there were whole +companies of men none of whom owned a slave. In order to preserve this +spirit of loyalty in those who had been opposed to the policy of +secession, Yancey and others, after the outbreak of the war, recommended a +prompt invasion of the North.[243] + + +Unionists, Tories, and Mossbacks + +Before secession, the term "unionist" was applied to those who were +opposed to secession and who wished to give the Union a longer trial. They +were mostly the old Whigs, but many Democrats were among them. Then again +the coöperationists, who wanted delay and coöperation among the states +before secession, were called "unionists." In short, the term was applied +to any one opposed to immediate secession. This fact deceived the people +of the North, who believed that the opposition party in the South was +unconditionally for the Union, and that it would remain in allegiance to +the Union if secession were attempted. But after secession this "union" +party disappeared. + +The "tories" were those who rebelled against the authority of the +Confederate States. Some of them were true "unionists" or "loyalists," as +they were called at the North. Most of them were not. The "mossback," who +according to popular belief hid himself in the woods until moss grew on +his back, might or might not be a "tory." If he were hostile to the +Confederacy, he was a "tory"; if he was simply keeping out of the way of +the enrolling officers, he was not a "tory," but a plain "mossback" or +"conscript." When too closely pressed he would either become a "tory" or +enter the Confederate army, though he did not usually remain in it. The +"deserter" was such from various reasons, and often became a "tory" as +well; that is, he became hostile to the Confederacy. Often he was not +hostile to the government, but was only hiding from service, and doing no +other harm. The true "unionists" always claimed great numbers, even after +the end of the war. The North listened to them and believed that old +Whigs, Know-nothings, Anti-secessionists, Douglas Democrats, Bell and +Everett men, coöperationists--all were at heart "Union" men. It was also +claimed that the only real disunion element was the Breckenridge +Democracy. Such, however, was not the case. Probably fewer of the old Whig +party than of any other were disloyal to the Confederacy. So far as the +"tory" or "loyalist" had any politics, he was probably a Democrat, and the +more prominent of them had been Douglas Democrats. The others were Douglas +and Breckenridge Democrats from the Democratic stronghold--north +Alabama.[244] Very few, if any, Bell and Everett men were among them. The +small lower class had no party affiliations worth mentioning. During the +war, the terms "unionist" and "tories" were very elastic and covered a +multitude of sins against the Union, against the Confederate States, and +against local communities. With the exception of those who entered the +Federal army the "tories" were, in a way, traitors to both sides. North +Alabama was not so strongly opposed to secession as was east +Tennessee,[245] nor were the Alabama "unionists" or "loyalists," as they +called themselves, "tories" as other people called them, of as good +character as the "loyalists" of Tennessee. + +The Alabama tory was, as a rule, of the lowest class of the population, +chiefly the "mountain whites" and the "sand-mountain" people, who were +shut off from the world, a century behind the times, and who knew scarcely +anything of the Union or of the questions at issue. There was a certain +social antipathy felt by them toward the lowland and valley people, +whether in south or in north Alabama, and a blind antagonism to the +"nigger lord," as they called the slaveholder, wherever he was found. In +this feeling the women were more bitter than the men. Secluded and +ignorant, they did not feel it their duty to support a cause in which they +were not directly concerned, and most of them would have preferred to +remain neutral during the entire war, as there was little for them to gain +either way. As long as they did not have to leave their hills, they were +quiet, but when the enrolling officers went after them, they became +dangerous. To-day those people are represented by the makers of +"moonshine" whiskey and those who shoot revenue officers. They were +"moonshiners" then. Colonel S. A. M. Wood, who caught a band of thirty of +these "tories," reported to General Bragg, "They are the most miserable, +ignorant, poor, ragged devils I ever saw."[246] Many of the "tories" +became bushwhackers, preying impartially on friend and foe, and especially +on the people of the rich Tennessee valley.[247] + + +Growth of Disaffection + +The invasion of the Tennessee valley had discouraging effects on the +weaker element of the population, and caused many to take a rather +degrading position in order to secure Federal protection for themselves +and their property. To call the tories and those who submitted and took +the oath "unionists" would be honoring them too highly. Little true +"Union" sentiment or true devotion to the United States existed except on +the part of those who enlisted in the Federal armies. In October, 1862, C. +C. Clay, Jr., wrote to the Secretary of War at Richmond that the Federal +invasion had resulted in open defiance of Confederate authority on the +part of some who believed that the Confederacy was too weak to protect or +punish. Even loyal southerners were afraid to be active for fear of a +return of the Union troops. Some had sold cotton to the Federals during +their occupation, bought it for them, acted as agents, spies, and +informers; and now these men openly declared for the Union and signed +calls for Union meetings. Huntsville, Mr. Clay stated, was the centre of +disaffection.[248] But in April, 1863, a northern cotton speculator +reported that there were but few "true Union men" at Huntsville or in the +vicinity.[249] + +Though not fully in sympathy with the secession movement, the majority of +the people in the northern counties acquiesced in the action of the state, +and many volunteers entered the army. Until late in the war this district +sent as many men in proportion to population as any other section, and the +men made good soldiers. But with the opening of the Tennessee and the +passage of the conscription laws the mountaineers and the hill people +became troublesome. To avoid conscription they hid themselves. Their +families, with their slender resources, were soon in want of the +necessaries of life, which they began to obtain by raids on their more +fortunate neighbors in the river valleys. A few entered the Federal army. +In July, 1862, small parties came to Decatur, in Morgan County, from the +mountains and joined the Federal forces under the command of Colonel +Streight. They told him of others who wished to enlist, so Streight made +an expedition to Davis Gap, in the mountains south of Decatur, and secured +150 recruits. + +These formed the nucleus of the First Alabama Union Cavalry, of which +George E. Spencer of Ohio, afterward notorious in Alabama politics, was +colonel. At this time C. C. Sheets, who said that he had been in hiding, +appeared and made a speech encouraging all to enlist. Streight said that +the "unionists" were poor people, often destitute. There were, he +reported, about three "unionists" to one "secessionist" in parts of +Morgan, Blount, St. Clair, Winston, Walker, Marion, Taylor, and Jefferson +counties, and he thought two full regiments could be raised near Decatur. +Though so few in numbers, the "secessionists" seem to have made it lively +for the "unionists," for Streight reported that the "unionists" were much +persecuted by them and often had to hide themselves.[250] The Confederate +commander at Newberne, in Greene County, reported (January, 1862) that in +an adjoining county the "Union" men were secretly organizing, that 300 had +met, elected officers, and gone into camp.[251] A month later, +Lieutenant-Commander Phelps of the United States navy, after his river +raid to Florence (1862), reported that along the Tennessee the "Union" +sentiment was strong, and that men, women, and children in crowds welcomed +the boats. However, he adds that they were very guarded in their +conversation. It may be that he mistook curiosity for "Union" sentiment. +Another naval officer reported that the fall of Fort Donelson was +beneficial to the Union cause in north Alabama. Neither of these observers +landed, and their observations were limited to the river banks.[252] In +June, 1862, Governor Shorter said that much dissatisfaction existed in +several of the northern counties,[253] and in December, 1862, that +Randolph County was defying the enforcement of the conscript law, and +armed forces were releasing deserters from jail. Colonel Hannon was at +length sent with a regiment and suppressed for a time the disloyal +element.[254] September 21, 1862, General Pillow reported to Seddon that +there were 8000 to 10,000 deserters and tory conscripts in the mountains +of north Alabama, as "vicious as copperheads."[255] In April, 1863, a +civilian of influence and position wrote to General Beauregard that the +counties of north Alabama were full of tories. During 1862, he stated, a +convention had been held in the corner of Winston, Fayette, and Marion +counties, in which the people had resolved to remain neutral. He believed +that this meant that when the enemy appeared the so-called neutrals would +join them, for they openly carried United States flags.[256] A similar +convention was held in north Alabama (apparently in Winston County) in the +spring of 1863. A staff officer reported to General Beauregard (May, 1864) +that in the counties of Lawrence, Blount, and Winston, Federal recruiting +agents for mounted regiments carried on open correspondence with the +disaffected citizens,[257] apparently with little success, for although +disaffection and hostility to the Confederacy among the people of north +Alabama had continued for three years, and there was every opportunity for +entering the Federal army, yet the official statistics give the total +number of enlistments and reënlistments of whites from Alabama at +2576.[258] + +In 1862 deserters from the army began to gather in the more remote +districts of the state. Many of them had been enrolled under the conscript +law, and had become dissatisfied. As the war went on the number of these +deserters increased, until their presence in the state became a menace to +government. After the Confederate reverses in the summer of 1863, great +numbers of deserters and stragglers from all of the Confederate armies +east of the Mississippi River and from the Union armies collected among +the hills, mountains, and ravines of north Alabama. A large portion of +them became outlaws of the worst character. In August, 1863, the general +assembly passed a law directing the state officials and the militia +officers to assist the Confederate enrolling officers in enforcing the +conscript law, and in returning deserters to their commands. The state and +county jails were offered as places to confine the deserters until they +could be sent back to the army. To give food and shelter to deserters was +declared a felony, and civilians were authorized to arrest them.[259] + +The deserters and stragglers of north Alabama were well armed and somewhat +organized, and kept the people in terror. General Pillow thought that the +temporary suspension of the conscript law had made them bolder. Eleven +counties were infested with them. No man was safe in travelling along the +roads, for murders, robberies, and burnings were common, and peaceable +citizens were shot while at work in the fields. It was estimated that in +July, 1863, there were 8000 to 10,000 tories and deserters in the +mountains of north Alabama, and these banded themselves together to kill +the officers sent to arrest them. It was impossible to keep a certain +class of men in the army when they were encamped near their homes.[260] +Even good soldiers, when so stationed, sometimes deserted. Had these same +men been in the Army of Northern Virginia, they would have done their duty +well. But here, near their home, many influences led them to desert. There +was little fighting, and they could see no reason why they should be kept +away from their suffering families. + +General Pillow, in the fall of 1863, forced several thousand deserters and +stragglers from Alabama, Mississippi, and Texas, who were in hiding in +north Alabama, to return to their commands. The legislature commended his +work and asked that his jurisdiction be extended over a larger area, even +over the whole Confederacy.[261] In April, 1864, the Ninth Texas Cavalry +was sent against the "unionists" in Marion County. The colonel reported +that the number of tories had been greatly exaggerated, though the woods +seemed to be swarming with deserters, and he learned that they had a +secret organization.[262] The deserters always infested the wildest and +most remote parts of the country, and were found wherever disaffection +toward the Confederacy had appeared. The Texans, who had no local +attachments to interfere with their duty, drove back into the army several +thousand "stragglers," as the better class of deserters were called.[263] +General Polk reported (April, 1864) that in north Alabama formidable bands +were being organized for resistance to the government, and that hostility +to the Confederacy was openly proclaimed by them. He sent out detachments +which forced more than a thousand men to leave the woods and hills and +return to the army.[264] When Alabama soldiers were captured or deserted +to the enemy, it was the custom of the Federals to send them north of the +Ohio River, and to offer to enlist as many as possible in regiments to +fight the Indians in the West. Some took advantage of the offer and thus +avoided prison life. Such men were called "galvanized Yankees" and were +hated by the loyal soldiers. Early in 1865, J. J. Giers, a prominent tory, +wrote General Grant that if Alabama deserters were permitted to remain +near home their numbers would increase.[265] + + +Outrages by Tories and Deserters + +The tory and the deserter often led squads of Federal soldiers on +expeditions of destruction and pillage. When possible, they would burn the +county court-houses, jails, and other public buildings, with the books and +records of the counties. Sometimes disguised as Union troops, they +committed the worst outrages. On one occasion four men, dressed as +soldiers, went to the house of an old man named Wilson, three miles from +Florence, and searched it for money supposed to be hidden there. As the +old man would tell them nothing, they stripped him to the waist, tied him +face downward upon a table, tore leaves from a large Bible, and, piling +them on him, burned him to death. His nephew, unable to tell about the +money, was shot and killed. A grandson was shot and wounded, and left for +dead. The overseer, coming up, was shot and killed in spite of the appeals +of his wife. Senator R. M. Patton had the wounded boy taken to Florence, +where the same band came the next night and demanded him. Upon being +refused, they fired repeatedly into the house until they were driven away. +They then went to the house of a druggist, and, failing to find money, +burned him as they had Wilson. Though fearfully burned, he survived. Two +of the band, natives of Florence, were captured, court-martialled by the +Federal authorities, and hanged.[266] + +Twenty Federals, or disguised tories, led by a tory from Madison County, +killed an old man, his son, a nephew and his son, and wounded a fifth +person, who was then thrown into the Tennessee River. When he caught the +bush on the bank, he was beaten and shot until he turned loose. An +enrolling officer was made to wade out into the river, and then was shot +from the bank. An overseer who had hidden some stock was hanged. A +Confederate officer was robbed of several thousand dollars and driven from +the country.[267] + +The tories, who were often deserters from the armies, gathered in the hill +country and watched for an opportunity to descend into the valley to rob, +burn, and murder. One family had the following experience with Federal +troops or "unionists": On the first raid six mules, five horses, a wagon, +and fifty-two negroes were taken; on the second, the remainder of the +mules, a cart, the milch cows, some meat, and the cooking utensils. On the +third the wagons were loaded with the last of the meat, and all of the +sugar, coffee, molasses, flour, meal, and potatoes. The mother of the +family told the officer in charge that they were taking away their only +means of subsistence, and that the family would starve. "Starve and be +d--d," was the reply. Then the buggy and the carriage harness and cushions +were taken, and the carriage cut to pieces. The house was searched for +money. Closets and trunks were broken open, the offer of keys being +refused. Clothing and bedding, dishes, knives and forks were taken, and +whatever could not be carried was broken. The "Destroying Angels," as they +called themselves, then burned the gin-house and cotton press with one +hundred and twenty-five bales of cotton, seven cribs of corn, stables, and +stacks of fodder, a wagon, four negro cabins, the lumber room, $500 worth +of thread, axes, hoes, scythe-blades, and other plantation implements. +They started to burn the dwelling house, but the woman pleaded that it was +the only shelter for her children and herself. "You may thank your good +fortune, madam, that we have left you and your d--d brats with your heads +to be sheltered," answered one of the "Destroying Angels." Then an officer +galloped up, claimed to be much astonished, and ordered away the men.[268] + +The tories or "unionists" of the mountains, instead of joining the Federal +army, formed bands of "Destroying Angels," "Prowling Brigades," etc., to +prey upon their lowland neighbors. All the able-bodied loyal men were in +the army, and there were no defenders. During the Federal occupation these +marauders harassed the country. When the Confederates temporarily +occupied the country, they tried to drive out the brigands, whence arose +the "persecution of unionists" that we read about. Thousands of +Confederate sympathizers were driven from their homes during the Federal +occupation in 1862. When the Union army retreated in 1862, attempts at +retaliation were made by those who had suffered, but this was strictly +suppressed by the state and Confederate authorities. An officer was +dismissed for cruelty to "unionists," and the state troops destroyed a +band of deserters and guerillas who were preying upon the "union" people +in the mountain districts. Marion, Walker, and Winston counties were +especially infested with tories.[269] + +In 1864, when there were few Confederate troops in north Alabama, the +tories were very troublesome in De Kalb, Marshall, Marion, Winston, +Walker, Lawrence, and Fayette counties, and the poor people were largely +under their control. Among the hills were deserters from both armies, and +these, banded with the tory element, reduced the helpless poor whites to +submission. These men were few in comparison with the total population, +but most of the able-bodied loyal men were in the army, and the tories and +deserters were almost unchecked.[270] Sometimes the Confederate soldiers +from north Alabama would get furloughs, come home, and clear the country +of tories, who had been terrorizing the people. Short work was made of +them when the soldiers found them. Some were shot, others were hanged, and +the remainder driven out of the country for a time.[271] + +After their occupation of north Alabama, the Federal commanders were +embarrassed by the violent clamorings of the "unionists" for revenge, and +for superior privileges over the non-unionist population. Material +advantage and personal dislikes were too often the basic principles of +their unionism. They were extremely vindictive, demanding that all +Confederate sympathizers be driven from the country. Thus they made +themselves a nuisance to the Federal officers, and especially was this +true of the small lowland tory element. Subjugation, banishment, hanging, +confiscation,--was the programme planned by the "loyalists." They wanted +the country "pacified" and then turned over to themselves. Though they +claimed to be numerous, no instance is found where they proposed to do +anything for themselves; they seemed to think that the sole duty of the +United States army in Alabama was to look after their interests. The +northerners who had dealings with the "loyalist" did not like him, as he +was a most unpleasant person, with a grievance which could not be righted +to his satisfaction without giving rise to numerous other grievances. + +Some qualifications of loyalty seem to have been: a certain mild +disapproval of secession, a refusal to enlist in the Confederate army or +desertion after enlisting, hiding in the woods to avoid conscript +officers. These qualifications, or any of them, the "loyalist" thought +entitled him to the everlasting gratitude and protection of the United +States. But a newspaper correspondent, who was on a sharp lookout for all +signs of weakness in the Confederacy, said: "You can tell the southern +loyalists as far as you can see them. They all have black or yellow skins +and kinky hair." Sometimes, he added, there was a white "unionist," but +this was rare, and the exceptions in any town in north Alabama could be +counted on the fingers of one hand.[272] As long as the war lasted the +lawless element fared well, and when peace should come they hoped for a +division of the spoils.[273] + + +Disaffection in South Alabama + +So much for toryism in the northern part of the state. There were also +manifestations of a disloyal spirit in the extreme inaccessible corner of +the state next to Florida and Georgia, where the population of the +sparsely settled country was almost entirely non-slave-holding. Though +most of the people were Democrats, they were somewhat opposed to +secession. Delegates were elected, however, to the convention of 1861, who +voted for secession, and after the war began nearly or quite all of those +who had opposed secession heartily supported the Confederacy. If there +were any "union" men, they kept very quiet, and for two years there was +no trouble.[274] But during the winter of 1862-1863, numerous outrages +were committed by outlaws who were called, indiscriminately, tories and +deserters. Much trouble was given by an organization called the First +Florida Union Cavalry, which for two years committed various outrages +while on bushwhacking expeditions under the leadership of one Joseph +Sanders. After being soundly beaten one night by the citizens of Newton, +in Dale County, these marauders were less troublesome.[275] The country +near the Gulf coast was infested with tories, deserters, and runaway +slaves, concealed in caves, "tight-eyes,"[276] canebrakes, swamps, and the +thick woods of the sparsely settled country. In January, 1863, Governor +Shorter wrote to President Davis that nearly all the loyal population of +southeast Alabama was in the army, and that the country was suffering from +the outrages of tories and deserters. About the same time, Colonel Price +"suppressed unionism and treason in Henry County," though only one +prisoner was reported as being taken.[277] + +In August of the same year (1863) conditions had grown worse. General +Howell Cobb reported that there was a disloyal feeling in southeast +Alabama, but that there was no way to reach the offenders, as they were +guilty of no overt act, and therefore the military courts could not try +them. To turn them over to the civil authorities in that district would +secure only a farcical trial, and the justices of the peace, though +assuming the highest jurisdiction, were ignorant, and there was little +chance of conviction. At this time, Governor Shorter said that affairs in +lower Henry County were in bad condition; that the deserter element was +strong and threatened the security of loyal people; and that the soldiers +were afraid to leave their families.[278] A judge could not hold court +unless he had a military escort. + +During the next year matters grew worse in this section as well as in +north Alabama. Some of the best soldiers felt compelled to go home, even +without permission, to protect or to support their families; and in +October, 1864, the legislature recognized this condition of affairs, and +asked the Alabama soldiers, then absent without leave, to return to their +duty under promise of lenient treatment.[279] + +The worst depredations were committed during the winter of 1864-1865, in +the counties of Dale, Henry, and Coffee. The loyal people in the thinly +settled country were terrorized. The legislature, unable to protect them, +authorized them to band themselves together in military form for +protection against the outlaws. These bands of self-constituted "Home +Guards," composed of boys and old men, captured numbers of the outlaws and +straightway hanged them. + +Desertions from the regiments raised in the white counties were often +caused by denying to recruits or conscripts the privilege of choosing the +command in which they should serve. Others deserted because their families +were exposed to tory depredations and Federal raids, or were in want of +the necessaries of life. These would have returned to the army after +providing for their families had they been permitted to join other +organizations and not subjected to punishment. Assigned arbitrarily to +commands in need of recruits, some became dissatisfied, and deserted. A +deserter was an outlaw and found it impossible to remain neutral. Hence +many joined the bands of outlaws to pillage, and burn, and steal horses +and cattle. Others of better character joined the Federals or became +tories, that is, allied themselves with the original tories in order to +work against the Confederacy. Numbers of these disaffected people had once +been secessionists.[280] + + +Prominent Tories and Deserters + +In view of the fact that the "unionists" were to play an important part in +Reconstruction, it will be of interest to examine the records of the most +prominent tories and deserters. A few prominent men joined the Federals +during the course of the war, though none did so before the Union army +occupied the Tennessee valley. Only one of these tried to assume any +leadership over the so-called unionists. This was William H. Smith, who +had come within a few votes of being elected to the Confederate Congress, +and was later the first Reconstruction governor. He went over to the enemy +in 1862, and did much toward securing the enlistment of the 2576 Union +soldiers from Alabama. + +At the same time, a more important character, General Jeremiah +Clemens,[281] who had been in command of the militia of Alabama with the +rank of major-general, became disgruntled and went over to the enemy. In +the secession convention, Clemens had declared that he "walked +deliberately into rebellion" and was prepared for all its +consequences.[282] He first opposed, then voted for, the ordinance of +secession, and afterwards accepted the office of commander of the militia +under the "Republic of Alabama." For a year Clemens was loyal to the +"rebellion," but in 1862 he had seen the light and wished to go to +Washington as the representative of north Alabama to learn from President +Lincoln in what way the controversy might be ended. The Washington +administration, by that time, had little faith in any following he might +have, and when Clemens with John Bell started to Washington, Stanton +advised them to stay at home and use their influence for the Union.[283] + +George W. Lane, also of Madison County, was a prominent man who cast his +lot with the Federals. Lane never recognized secession, and was an +outspoken Unionist from the beginning. He was appointed Federal judge by +Lincoln and died in 1864.[284] In April, 1861, Clemens wrote to the +Confederate Secretary of War that the acceptance of a United States +judgeship by Lane was treason, and that the "north Alabama men would +gladly hang him."[285] General O. M. Mitchell seemed to think that the +negroes were the only "truly loyal," but he recommended in May, 1862, +that, when a military government should be established in Alabama, George +W. Lane, the United States district judge appointed by Lincoln, be +appointed military governor. Lane's faded United States flag still flew +from the staff to which he had nailed it at the beginning of the war, and +his appointment as governor, Mitchell thought, would give the greatest +satisfaction to Huntsville and to all north Alabama.[286] + +Two members of the convention of 1861, besides Clemens, deserted to the +Federals. These were C. C. Sheets and D. P. Lewis. Like Clemens, they were +elected as coöperationists and opposed immediate secession, though all +three voted for the resolution declaring that Alabama would not submit to +the rule of Lincoln. Sheets voted against secession and would not sign the +ordinance. For a while he remained quietly at home and refused to enter +the Confederate army. At length he reappeared from his place of hiding and +assisted in recruiting soldiers for the First Alabama Union Cavalry. He +was elected to the state legislature, but in 1862 was expelled for +disloyalty. After some time in hiding, he was arrested, and imprisoned for +treason. General Thomas retaliated by arresting and holding as a hostage +General McDowell. Sheets remained in prison until the end of the war.[287] + +David P. Lewis of Madison County voted against secession but signed the +ordinance, and was elected to the Provisional Congress by the convention, +and in 1863 was appointed circuit judge by the governor. This position he +held for a few months, and then deserted to the Federals. During the +remainder of the war he lived quietly at Nashville.[288] + +Another prominent citizen of Madison County, Judge D. C. Humphreys, joined +the Federals late in the war. Humphreys had been in the Confederate army +and had resigned. He was arrested by General Roddy on the charge of +disloyalty. It is not known that he was ever tried or put into prison, but +in January, 1865, Hon. C. C. Clay, Sr., and other prominent citizens of +Huntsville, of southern sympathies, all old men, were arrested and carried +to prison in Nashville as hostages for the safety of Humphreys, who had +been released by order of the Confederate War Department as soon as the +rumor of his arrest reached Richmond.[289] In April, 1864, General +Clanton, commanding in north Alabama, sent Governor Watts a Nashville +paper in which Jeremiah Clemens, "the arch traitor," and that "crazy man," +Humphreys, figured as advisers to their fellow-citizens of Alabama in +recommending submission.[290] There are indications that several such +addresses were issued by Clemens, Humphreys, Lane, and others from the +safety of the Federal lines, but the text of none of them has been found +except those written and published when the war was nearly ended. + +Of the men of position and influence who were found in the ranks of +opposition to the Confederate government after 1861, Judge Lane is the +only one whose course can command respect. He was faithful to the Union +from first to last, while the others were erratic persons who changed +sides because of personal spites and disappointments. They had little or +no influence over, and nothing in common with, the dissatisfied mountain +people and the tories and deserters.[291] + + +Numbers of the Disaffected + +At the surrender the deserters came in in large numbers to be paroled. The +reports of the Federal generals who received the surrender of the +Confederate armies in the southwest show a surprisingly large number of +Confederates paroled. A large proportion of them were deserters, +"mossbacks," and tories, who, hated by the Confederate soldiers and +fearing that the latter would seek revenge for their misdeeds during the +war, felt that it would be some protection to take the oath, be paroled, +and secure the certificate. Then, they thought, the United States +government would see to their safety. At the surrender of a Confederate +command in their vicinity, they flocked in from their retreats and were +paroled as Confederate soldiers. To show how large this element in +Mississippi and Alabama was, when General Dick Taylor surrendered, May 4, +1865, at Meridian, Mississippi, he had not more than 8000 real soldiers, +or men under arms. It is possible, though not probable, that many were +absent with leave. Yet of the 42,293 soldiers paroled in the armies of the +Southwest[292] about 30,000 of them were at Meridian. Many of these had +never been in the army; some had served in both armies; none had been in +either for a long time. For weeks they kept coming in at all points where +a United States officer was stationed in order to be paroled. The soldiers +were furious. The statistics show[293] that strong Confederate armies were +surrendered in this section of the country, when, as a matter of fact, the +governor of Alabama had for two years been unable to secure sufficient +military support to enforce the laws over more than half of the +state.[294] + +It is difficult to estimate the number of disaffected persons within the +limits of the state. Probably in southeast Alabama there were in all, of +tories and deserters, 1000 who at times were actively hostile to the +Confederate authorities, and who committed depredations on the loyal +people, and 1000 or 1500 more would include the "mossbacks" and +obstructionists, who were without the courage to do more than keep out of +the army and talk sedition. In addition to the 2576 enlistments in the +Federal army credited to Alabama, it is probable that several hundred more +were enlisted in northern regiments. Some of these were the Confederate +prisoners captured late in the war and enlisted as "Galvanized Yankees" in +the United States regiments sent West to fight the Indians. + +Of deserters, tories, and "mossbacks" there could not have been less than +8000 or 10,000 in north Alabama. Of these, at least half were in active +depredation all over the section. There were several thousand deserters +from the Alabama troops, most of them from north Alabama and from commands +stationed near their homes. At the beginning of the war there were +probably no more than 2000 men who were wholly disaffected,[295] and +these only to the extent of desiring neutrality for themselves. + +On November 30, 1864, the Confederate "Deserter Book" showed that since +April, 1864, 7994 Alabama soldiers had deserted or been absent without +leave from the armies of the West and of Northern Virginia. Of these 4323 +were again in the ranks, leaving still to be accounted for 3671 men. There +were many deserters in the hills of Alabama from the commands from other +states. After the fall of Atlanta, the number of stragglers and deserters +greatly increased, and late in 1864 it was estimated that 6000 of them +were in the state, some in every county; there being no longer a force to +drive them back to the army. For a year or more the force for this purpose +had been very weak.[296] + +Much of the toryism and of the trouble resulting from it was due to the +weak policy of the Confederate authorities in dealing with discontent and +in protecting the loyal people in exposed districts. Many a man had to +desert in order to protect his family from outlaws, and was then easily +driven into toryism. + +There was a mild annoyance of the more peaceable tories by the Confederate +officials in the spasmodic attempts to enforce the conscription laws, but +it amounted to very little. The loyal southern people suffered more from +the depredations of the disaffected "union" people of north and southeast +Alabama than the latter suffered from all causes combined. The state and +Confederate authorities were very lenient--too much so--in their treatment +of these people. There was no great need of a strong Confederate force in +north Alabama, since only raids, not invasions in force, were to be +feared; yet the governments--both state and Confederate--were guilty of +neglect in leaving so many of the people at the mercy of the outlaws when, +as shown in several instances, two or three thousand good soldiers could +march through the country and scatter the bands that infested it. Assuming +that the state had a right to demand obedience and support from its +citizens, it was weak and reprehensible conduct on the part of the +authorities to allow three or four thousand malcontents and outlaws to +demoralize a third of the state. Often the families of tories and +"mossbacks" were supplied from the state and county stores for the +destitute families of soldiers, while the men of such families were in the +Federal service or were hiding in the woods, caves, and ravines, or were +plundering the families of loyal soldiers. Not enough arrests were made, +and too many were released. The majority of the troublesome class was of +the kind who preferred to take no stand that incurred the fulfilment of +obligations. In an emergency they would incline toward the stronger side. +Prompt and rigorous measures, similar to the policy of the United States +in the Middle West, stringently maintained, would have converted this +source of weakness into a source of strength, or at least would have +rendered it harmless. The military resources of that section of the state +could then have been better developed, the helpless people protected, +outlaws crushed, and there would have been peace after the war was +ended.[297] As it was, the animosities then aroused smouldered on until +they flamed again in one phase of the Ku Klux movement.[298] + + +SEC. 5. PARTY POLITICS AND THE PEACE MOVEMENT + +Political Conditions, 1861-1865 + +When, by the passage of the ordinance of January 11, 1861, the advocates +of immediate secession had gained their end, the strong men of the +victorious party, for the sake of harmony, stood aside, and intrusted much +of the important work of organizing the new government to the defeated +coöperationist party, who, to say the least, disapproved of the whole +policy of the victors. The delegates chosen to the Provisional Congress +were: R. H. Walker of Huntsville, a Union Whig, who had supported Bell and +Everett and opposed secession; Robert H. Smith, a pronounced Whig, who had +supported Bell and Everett and opposed secession; Colin J. McRae of +Mobile, a commission merchant, a Whig; John Gill Shorter of Eufaula, who +had held judicial office for nine years; William P. Chilton of Montgomery, +for several years chief justice and before that an active Whig; Stephen F. +Hale of Eutaw, a Whig who supported Bell and Everett; David P. Lewis of +Lawrence, an "unconditional Unionist" who had opposed secession in the +convention of 1861, and who, in 1862, deserted to the Federals; Dr. Thomas +Fearn of Huntsville, an old man, a Union Whig; and J. L. M. Curry of +Talladega, the only consistent Democrat of the delegation, the only one +who had voted for Breckenridge, and the only one with practical experience +in public affairs. The delegation was strong in character, but weak in +political ability and not energetic.[299] The delegation elected to the +first regular Congress was more representative and more able. + +[Illustration: CIVIL WAR LEADERS. + +GOVERNOR THOMAS H. WATTS. + +GOVERNOR JOHN GILL SHORTER. + +GOVERNOR ANDREW B. MOORE. + +BISHOP R. H. WILMER.] + +In August, 1861, John Gill Shorter, a State Rights Democrat, was elected +governor by a vote of 57,849 to 28,127 over Thomas Hill Watts, also a +State Rights Democrat, who had voted for secession, but who had formerly +been a Whig. Watts was not a regular candidate since he had forbidden the +use of his name in the canvass.[300] For a time the people +enthusiastically supported the administration. Governor Shorter's message +of October 28, 1861, to the legislature closed with the words: "We may +well congratulate ourselves and return thanks that a timely action on our +part has saved our liberties, preserved our independence, and given us, it +is hoped, a perpetual separation from such a government. May we in all +coming time stand separate from it, as if a wall of fire intervened."[301] +The legislature in 1861 declared that it was the imperative duty as well +as the patriotic privilege of every citizen, forgetting past differences, +to support the policy adopted and to maintain the independence assumed. To +this cause the members of the general assembly pledged their lives, +fortunes, and sacred honor.[302] A year later the same body declared that +Mobile, then threatened by the enemy, must never be desecrated by the +polluting tread of the abolitionist foe. It must never be surrendered, but +must be defended from street to street, from house to house, and at last +burned to the ground rather than surrendered.[303] The same legislature, +elected in 1861 when the war feeling was strong, stated in August, 1863, +that the war was unprovoked and unjust on the part of the United States +government, which was conducting it in utter disregard of the principles +which should control and regulate civilized warfare. They renewed the +pledge never to submit to abolitionist rule. The people were urged not to +be discouraged by the late reverses, nor to attribute their defeats to any +want of courage or heroic self-sacrifice on the part of the armies. All +the resources of the state were pledged to the cause of independence and +perpetual separation from the United States. It was the paramount duty, +the assembly declared, of every citizen to sustain and make effective the +armies by encouraging enlistments, by furnishing supplies at low prices to +the families of soldiers, and by upholding the credit of the Confederate +government. To enfeeble the springs of action by disheartening the people +and the soldiers was to strike the most fatal blow at the very life of the +Confederacy.[304] + +This resolution was called forth partly by the constant criticism that the +"cross-roads" politicians and a few individuals of more importance were +directing against the civil and military policy of the administration. The +doughty warriors of the office and counter were sure that the "Yankees" +should have been whipped in ninety days. That the war was still going on +was proof to them that those at the head of affairs were incompetent. +These people had never before had so good an opportunity to talk and to be +listened to. Those to whom the people had been accustomed to look for +guidance were no longer present to advise. They had marched away with the +armies, and there were left at home as voters the old men, the exempts, +the lame, the halt, and the blind, teachers, preachers, officials, +"bomb-proofs," "feather beds"[305]--all, in short, who were most unlikely +to favor a vigorous war policy and who, if subject to service, wanted to +keep out of the army. Consequently, among the voting population at home, +the war spirit was not as high in 1863 as it had been before so many of +the best men enlisted in the army.[306] The occupation of north Alabama by +the enemy, short crops in 1862, and reverses in the field such as +Vicksburg and Gettysburg, had a chilling effect on the spirit of those +who had suffered or were likely to suffer. The conscription law was +unpopular among those forced into the service; it was much more disliked +by those who succeeded for a time in escaping conscription. These lived in +constant fear that the time would come when they would be forced to their +duty.[307] + +Further, the official class and the lawmakers were not up to the old +standard of force and ability. The men who had the success of the cause +most at heart usually felt it to be their duty to fight for it, if +possible, leaving lawmaking and administration to others of more peaceable +disposition. Some of the latter were able men, but few were filled with +the spirit that animated the soldier class. Many of these unwarlike +statesmen in the legislature and in Congress thought it to be their +especial duty to guard the liberties of the people against the +encroachments of the military power. They would talk by the hour about +state rights, but would allow a few thousand of the sovereign state's +disloyal citizens to demoralize a dozen counties rather than consent to +infringe the liberties of the people by making the militia system more +effective to repress disorder. They succeeded in weakening the efforts of +both state and Confederate governments, and their well-meant arguments +drawn from the works of Jefferson were never remembered to their credit. +One of the best of these men--Judge Dargan, a member of Congress from +Mobile--seems to have had a very unhappy disposition, and he spent much of +his time writing to the governor and to the President in regard to the +critical state of the country and suggesting numberless plans for its +salvation. Among many things that were visionary he advanced some original +schemes. In 1863 he proposed a plan for the gradual emancipation of +slaves, later a plan for arming them, and suggested that blockade running +be prohibited, as it was ruining the country.[308] + +Even while the tide of war feeling was at the flood there occurred +instances of friction between the state and the Confederate governments. +In December, 1862, the legislature complained of the continued use of the +railroads by the Confederate government, to the exclusion of private +transportation. The railroads were built, it was stated, for free +intercourse between the states, and, since the blockade had become +effective, were more important than ever in the transportation of the +necessaries of life.[309] The legislature complained about the conduct of +the Confederate officers in the state, about impressment, taxation, and +redemption of state bonds, the state's quota of troops for the Confederate +service, about arms and supplies purchased by the state, and about trade +through the lines. Suits were brought again and again in the state courts +by the strict constructionists to test the constitutionality of the +conscript laws and the law forbidding the hiring of substitutes. But the +courts declared both laws constitutional.[310] The lawmakers of the state +were much more afraid of militarism than of the Federal invasion or +domestic disorder, and refused to organize the militia effectively.[311] + +The military reverses in the summer of 1863 darkened the hopes of the +people and chilled their waning enthusiasm, and the effect was shown in +the elections of August. Thomas H. Watts, who had been defeated in 1861, +was elected governor by a vote of 22,223 to 6342 over John G. Shorter, who +had been governor for two years. Watts had a strong personal following, +which partly accounted for the large majority; but several thousand, at +least, were dissatisfied in some way with the state or the Confederate +administration. Jemison, a former coöperationist, took Yancey's place in +the Confederate Senate. J. L. M. Curry was defeated for Congress because +he had strongly supported the administration. The delegation elected to +the second Congress was of a decidedly different temper from the +delegation to the first Congress. A large number of hitherto unknown men +were elected to the legislature.[312] + +At the close of the term of Governor Shorter, the new legislature passed +resolutions indorsing his policy in regard to the conduct of the war and +commending his wise and energetic administration.[313] Other resolutions +were passed which would seem to indicate that the war feeling ran as high +and strong as ever. In fact, it was only the voice of the majority, not of +all, as before. There was a strong minority of malcontents who pursued a +policy of obstruction and opposition to the measures of the administration +and thereby weakened the power of the government. It was believed by many +that Watts, who had been a Whig and a Bell and Everett elector, would be +more conservative in regard to the prosecution of the war than was his +predecessor. There were numbers of people in the state who believed or +professed to believe that it was possible to end the war whenever +President Davis might choose to make peace with the enemy. Others, who saw +that peace with independence was impossible, were in favor of +reconstruction, that is, of ending the war at once and returning to the +old Union, with no questions asked. They believed that the North would be +ready to make peace and welcome the southern states back into the Union on +the old terms. These constituted only a small part of the population, but +they had some influence in an obstructive way and were great talkers. Any +one who voted for Watts from the belief that he would try to bring about +peace was much mistaken in the man. It was reported that he was in favor +of reconstruction. This he emphatically denied in a message to the +legislature: "He who is now ... in favor of reconstruction with the states +under Lincoln's dominion, is a traitor in his heart to the state ... and +deserves a traitor's doom.... Rather than unite with such a people I would +see the Confederate states desolated with fire and sword.... Let us prefer +death to a life of cowardly shame."[314] Though Watts was elected somewhat +as a protest against the war party, he was in favor of a vigorous +prosecution of the war. However, at times, he had trouble with the +Confederate government, and we find him writing about "the tyranny of +Confederate officials," that "the state had some rights left," that "there +will be a conflict between the Confederate and state authorities unless +the conscript officials cease to interfere with state volunteers and state +officials."[315] + +The governor was in favor of supporting the war, and recommended the +repeal of some of the state laws obstructing Confederate enlistments; he +was willing for any state troops that were available to go to the aid of +another state, and he desired to aid in returning deserters to the army; +but he opposed the manner of execution of laws by the Confederate +government. He demanded for the state the right to engage in the blockade +trade in order to secure necessaries. He also protested against the +proposed policy of arming the slaves.[316] + +During the year 1864 the legislature protested against the action of +Confederate conscript officers who insisted on enrolling certain state +officials. It was ordered that the reserves, when called out for service, +should not be put under the command of a Confederate officer. The +first-class reserves were not to leave their own counties. An act was +passed to protect the people from "oppression by the illegal execution of +the Confederate impressment laws."[317] Confederate enrolling officers who +forced exempt men into the army were made liable to punishment by heavy +fine.[318] + +An Alabama newspaper, in the fall of 1864, advocated a convention of the +states in order to settle the questions at issue, to bring about peace, +and to restore the Union. Such a proposition found supporters in the +legislature. A resolution was introduced favoring reconstruction on the +basis of the recent platform of the Democratic party and McClellan's +letter of acceptance.[319] The resolution was to this effect: if the +Democratic party is successful in 1864, we are willing to open +negotiations for peace on the basis indicated in the platform adopted by +the convention; provided that our sister states of the Confederacy are +willing. A lengthy and heated discussion followed. The governor sent in a +message asking "who would desire a political union with those who have +murdered our sons, outraged our women, with demoniac malice wantonly +destroyed our property, and now seek to make slaves of us!" It would cause +civil war, he said, if the people at home attempted such a course. After +the reading of the message and some further debate, both houses united in +a declaration that extermination was preferable to reconstruction +according to the _Lincoln_ plan. The proposed resolution, the extended +debate, the governor's message, all clearly indicate a strong desire on +the part of some to end the war and return to the Union.[320] + +With the opening of 1865 conditions in Alabama were not favorable to the +war party: the old coöperationists, with other malcontents, were charging +the Davis administration with every political crime; the state +administration was disorganized in half the counties; deserters and +stragglers were scattered throughout the state; and many of the state and +county officials were disaffected. Those who were in favor of war were in +the armies. Had the war continued until the August election, there is no +doubt that an administration would have been elected which would have +refused further support to the Confederacy. Had it not been for fear of +the soldier element, the malcontents at home could have controlled affairs +in the fall of 1864. For a year there had been indications that the +discontented were thinking of a _coup d'état_ and an immediate close of +the war. The formation of secret societies pledged to bring about peace +was a sign of formidable discontent. + + +The Peace Society + +It was after the reverses of 1863 that the enthusiasm of the people for +the war very perceptibly declined. For the first time, many felt that +perhaps after all their cause would not win, and that the horrors of war +might be brought home to them by hostile invasion of their country. Public +opinion was more or less despondent. There was a searching for scapegoats +and a more pronounced hostility to the administration. The "cross-roads" +statesmen were sure that a different policy under another leader would +have been crowned with success, though what this policy should have been, +perhaps no two would have agreed. This feeling was largely confined to the +less well informed, but it was also found in a number of the old-time +conservatives who would never believe that extreme measures were +justifiable in any event, and who could never get over a feeling of +horror at all that the Democrats might do. If left alone, they thought, +time would have brought all things right in the end. It was as painful to +them to think that Lincoln was marching armies over the fragments of the +United States Constitution, as that the Davis administration was +strangling state sovereignty in the Confederate States. Their minds never +rose above the narrow legalism of their books. But they were few in +numbers as compared with the more ignorant people (who were conscious only +of dissatisfaction and suffering) who had willingly plunged into the war +"to whip the Yankees in ninety days," and who now thought that all that +had to be done to bring peace was to signify to the North a willingness to +stop fighting. This course, many thought, need not result in a loss of +their independence. Later they were minded to come back into the Union on +the old terms, and later still they were ready to make peace without +conditions and return to the Union. It seems never to have occurred to +them that northern opinion had changed since 1861, and that severe terms +of readmission would be exacted. The hardest condition likely to be +imposed, they thought, would be the gradual emancipation of the slaves. As +a rule, they owned few slaves, but such a condition would probably have +been considered harder by them than by the larger slaveholders who felt +that slavery had come to an end, no matter how the struggle might result. + +This dissatisfaction culminated in the formation of numerous secret or +semi-secret political organizations which sprang up over the state, and +which together became generally known as the "Peace Society," though there +were other designations. Often these organizations were formed for +purposes bordering on treason; often not so, but only for constitutional +opposition to the administration. The extremes grew farther apart as the +war progressed, until the constitutional wing withdrew or ceased to exist, +and the other became, from the point of view of the government, wholly +treasonable in its purposes. These organizations had several thousand +members, at least half the active males left in the state. + +The work of the peace party was first felt in the August elections of +1863. The governor, though a true and loyal man, was elected with the help +of a disaffected party, and a disaffected element was elected to the +legislature and to Congress. Six members of Congress from Alabama were +said to be "unionists," that is, in favor of ending the war at once and +returning to the Union.[321] A Confederate official who had wide +opportunities for observation reported that the district (Talladega) in +which he was stationed had been carried by the peace party under +circumstances that indicated treasonable influence. Unknown men were +elected to the legislature and to other offices by a secret order which, +he stated, had for its object the encouragement of desertion, the +protection of deserters, and resistance to the conscription laws. Some men +of influence and position belonged to it, and the leaders were believed to +be in communication with the enemy. The entire organization was not +disloyal, but he feared that the controlling element was faithless. The +election had been determined largely by the votes of stragglers and +deserters and of paroled Vicksburg soldiers who, it was found later, had +been "contaminated" by contact with the western soldiers of Grant's +army.[322] By this he evidently meant that the soldiers had been initiated +into the "Peace Society." + +A few months later the "Peace Society" appeared among the soldiers of +General Clanton's brigade stationed at Pollard, in Conecuh County. Some of +the soldiers had served in the army of Tennessee, and had there been +initiated into this secret society. Clanton, who was strongly disliked by +General Bragg and not loved by General Polk, had much trouble with them +because he asserted that the order appeared first in Bragg's army and +spread from thence. Later developments showed that he was correct.[323] +It was in December, 1863, that the operations of the order among the +soldiers were exposed. A number of soldiers at Pollard determined to lay +down their arms on Christmas Day, as the only means of ending the war. +These troops, for the most part, were lately recruited from the poorer +classes of southwest Alabama by a popular leader and had never seen active +service. They were stationed near their homes and were exposed to home +influences. Upon them and their families the pressure of the war had been +heavy.[324] Many of them were exempt from service but had joined because +of Clanton's personal popularity, because they feared that later they +might become liable to service, and because they were promised special +privileges in the way of furloughs and stations near their homes. To this +unpromising material had been added conscripts and substitutes in whom the +fires of patriotism burned low, and who entered the service very +reluctantly. With them were a few veteran soldiers, and in command were +veteran officers. A secret society was formed among the discontented, with +all the usual accompaniment of signs, passwords, grips, oaths, and +obligations. Some bound themselves by solemn oaths never to fight the +enemy, to desert, and to encourage desertion--all this in order to break +down the Confederacy. General Maury, in command at Mobile, concluded after +investigation that the society had originated with the enemy and had +entered the southern army at Cumberland Gap.[325] + +In regard to the discontent among the soldiers, Colonel Swanson of the +Fifty-ninth and Sixty-first Alabama[326] regiments (consolidated) stated +that there was a general disposition on the part of the poorer classes, +substitutes, and foreigners to accept terms and stop the war. They had +nothing anyway, so there was nothing to fight for, they said. There was no +general matured plan, and no leader, Colonel Swanson thought.[327] Major +Cunningham of the Fifty-seventh Alabama Regiment[328] reported that there +had been considerable manifestation of revolutionary spirit on account of +the tax-in-kind law and the impressment system, and that there was much +reckless talk, even among good men, of protecting their families from the +injustice of the government, even if they had to lay down their arms and +go home.[329] General Clanton said that the society had existed in +Hilliard's Legion and Gracie's brigade, and that few men, he was sure, +joined it for treasonable purposes.[330] Before the appointed +time--Christmas Day--sixty or seventy members of the order mutinied and +the whole design was exposed. Seventy members were arrested and sent to +Mobile for trial by court-martial.[331] There is no record of the action +of the court. The purged regiments were then ordered to the front and +obeyed without a single desertion. Bolling Hall's battalion, which was +sent to the Western army for having in it such a society, made a splendid +record at Chickamauga and in other battles, and came out of the +Chickamauga fight with eighty-two bullet-holes in its colors.[332] + +During the summer and fall of 1863 and in 1864 the Confederate officials +in north Alabama often reported that they had found certain traces of +secret organizations which were hostile to the Confederate government. The +Provost-Marshal's Department in 1863 obtained information of the existence +of a secret society between the lines in Alabama and Tennessee, the object +of which was to encourage desertion. + +Confederate soldiers at home on furlough joined the organization and made +known its object to the Confederate authorities. The members were pledged +not to assist the Confederacy in any way, to encourage desertion of the +north Alabama soldiers, and to work for a revolution in the state +government. Stringent oaths were taken by the members, a code of signals, +and passwords was used, and a well-organized society was formed. The bulk +of the membership consisted of tories and deserters, with a few +discontented Confederates. Their society gave information to the Federals +in north Alabama and Tennessee and had agents far within the Confederate +lines, organizing discontent. General Clanton early in 1864 endeavored to +break up the organization in north Alabama and made a number of arrests, +but failed to crush the order. + +In middle Alabama, about the same time (the spring of 1864), the workings +of a treasonable secret society were brought to light. Colonel Jefferson +Falkner of the Eighth Confederate Infantry overheard a conversation +between two malcontents and began to investigate. He found that in the +central counties a secret society was working to break down the +Confederate government and bring about peace. The plans were not +perfected, but some were in favor of returning to the Union on the +Arkansas or Sebastian platform,[333] others wanted to send to Washington +and make terms, and still others were in favor of unconditional +submission. As to methods, the malcontents meant to secure control of the +state administration, either by revolution or by elections in the summer +of 1865, then they would negotiate with the United States and end the war. +The society had agents in both the Western army and the Army of Northern +Virginia, tampering with the soldiers and endeavoring to carry the +organization into the Federal army. The leaders in the movement hoped to +organize into one party all who were discontented with the administration. +If successful in this, they would be strong enough either to overthrow the +state government, which was supported only by home guards, or by +obstruction to force the state government to make peace. The oaths, +passwords, and signals of this society were similar to those of the north +Alabama organization, with which it was in communication. Conscript +officers, county officials, medical boards, and members of the legislature +were members of the order. If a deserter were arrested, some member +released him; the members claimed that the society caused the loss of the +battle of Missionary Ridge and the surrender at Vicksburg. + +The strength of the so-called Peace Society lay in Alabama, Georgia, +Tennessee, and North Carolina. The organizers were called Eminents. They +gave the "degree" to (that is, initiated) those whom they considered +proper persons. No records were kept; the members did not know one another +except by recognition through signals. They received directions from the +Eminents, who accommodated their instructions to the person initiated. An +ignorant but loyal person was told that the object of the order was to +secure a change of administration; the disloyal were told that the purpose +was to encourage desertion and mutiny in the army, to injure loyal +citizens, and to overthrow the state and Confederate governments. Owing to +the non-intercourse between members there were many in the order who never +knew the real objects of the leaders or Eminents, who intended to use the +organization to further their designs in 1865. The swift collapse of the +Confederacy in the spring of 1865 anticipated the work of the secret +societies. The anti-Confederate element was, however, left somewhat +organized through the work of the order.[334] + + +Reconstruction Sentiment + +Besides the open obstruction of politicians, officials, and legislature, +and the secret opposition of the peace societies, there was a third +movement for reconstruction. This movement took place in that part of +Alabama held by the Federal armies, and the reconstruction meetings were +encouraged by the Union army officers. The leaders were D. C. Humphreys +and Jeremiah Clemens, whose defection has been noted before. A more +substantial element than the tories and deserters supported this +movement--the dissatisfied property holders who were afraid of +confiscation. Several Confederate officers were drawn into the movement +later.[335] + +Early in 1864, Humphreys[336] issued an elaborate address renouncing his +errors. There was no hope, he told his fellow-citizens, that foreign +powers would intervene. Slavery as a permanent institution must be given +up. Law and order must be enforced and constitutional authority +reëstablished. Slavery was the cause of revolution, and as an institution +was at an end. With slavery abolished, there was, therefore, no reason why +the war should not end. The right to regulate the labor question would be +secured to the state by the United States government. At present labor was +destroyed, and in order to regulate labor, there must be peace. The +address was printed and distributed throughout the state with the +assistance of the Federal officials. A number of the packages of these +addresses was seized by some women and thrown into the Tennessee +River.[337] Jeremiah Clemens, who had deserted in 1862, issued an address +to the people of the South advocating the election of Lincoln as +President.[338] March 5, 1864, a reconstruction meeting, thinly attended, +was held in Huntsville under the protection of the Union troops. Clemens +presided. Resolutions were passed denying the legality of secession +because the ordinance had not been submitted to the people for their +ratification or rejection. Professions of devotion and loyalty to the +United States were made by Clemens, the late major-general of Alabama +militia and secessionist of 1861.[339] A week later the same party met +again. No young men were present, for they were in the army. All were men +over forty-five, concerned for their property. Clemens spoke, denouncing +the "twenty-negro" law. The Gilchrist story was here originated by Clemens +and told for the first time. The story was that J. G. Gilchrist of +Montgomery County went to the Secretary of War, Mr. Walker, and urged him +to begin hostilities by firing on Fort Sumter, saying, "You must sprinkle +blood in the face of the people of Alabama or the state will be back into +the Union within ten days." In closing, Clemens said, "Thank God, there is +now no prospect of the Confederacy succeeding." + +D. C. Humphreys then proposed his plan: slavery was dead, but by +submitting to Federal authority gradual emancipation could be secured, and +also such guarantees as to the future status of the negro as would relieve +the people from social, economic, and political dangers. He expressed +entire confidence in the conservatism of the northern people, and asserted +that if only the ordinance of secession were revoked, the southern people +would have as long a time as they pleased to get rid of the institution of +slavery. In case of return to the Union the people would have political +coöperation to enable them to secure control of negro labor. "There is +really no difference, in my opinion," he said, "whether we hold them as +slaves or obtain their labor by some other method. Of course, we prefer +the old method. But that is not the question." He announced the defection +from the Confederacy of Vice-President Stephens, and bitterly denounced +Ben Butler, Davis, and Slidell, to whose intrigues he attributed the +present troubles. Resolutions were proposed by him and adopted, +acknowledging the hopelessness of secession and advising a return to the +Union. Longer war, it was declared, would be dangerous to the liberties of +the people, and the restoration of civil government was necessary. The +governor was asked to call a convention for the purpose of reuniting +Alabama to the Union. It was not expected, it was stated, that the +governor would do this; but his refusal would be an excuse for the +independent action of north Alabama and a movement toward setting up a new +state government. Busteed could then come down and hold a "bloody assize, +trying traitors and bushwhackers."[340] + +In the early winter of 1864-1865, the northern newspaper correspondents in +the South[341] began to write of the organization of a strong peace party +called the "State Rights party," in Georgia, Alabama, and Mississippi. The +leaders were in communication with the Washington authorities. They +claimed that each state had the right to negotiate for itself terms of +reconstruction. The plan was to secure control of the state administration +and then apply for readmission to the Union. The destruction of Hood's +army removed the fear of the soldier element. Several thousand of Hood's +suffering and dispirited soldiers took the oath of allegiance to the +United States, or dispersed to their homes. Early in 1865 peace meetings +were held in Georgia, Alabama, and Mississippi, within the Confederate +lines; commissioners were sent to Washington; and the tories and deserters +organized. A delegation waited on Governor Watts to ask him to negotiate +for the return of the state to the Union, but did not get, nor did they +expect, a favorable answer from him. The peace party expected to gain the +August elections and elect as governor J. C. Bradley of Huntsville, or M. +J. Bulger of Tallapoosa.[342] The plan, then, was not to wait for the +inauguration in November, but to have the newly elected administration +take charge at once. It was continually reported that General P. D. Roddy +was to head the movement.[343] + +There is no doubt that during the winter of 1864-1865 some kind of +negotiation was going on with the Federal authorities. J. J. Giers, who +was a brother-in-law of State Senator Patton,[344] was in constant +communication with General Grant. In one of his reports to Grant he stated +that Roddy and another Confederate general had sent Major McGaughey, +Roddy's brother-in-law, to meet Giers near Moulton, in Lawrence County, to +learn what terms could be obtained for the readmission of Alabama. Major +McGaughey said that the people considered that affairs were hopeless and +wanted peace. If the terms were favorable, steps would be taken to induce +Governor Watts to accept them. If Watts should refuse, a civil and +military movement would be begun to organize a state government for +Alabama which would include three-fourths of the state. The plan, it was +stated, was indorsed by the leading public men. The peace leaders wanted +Grant, or the Washington administration, to announce at once a policy of +gradual emancipation in order to reassure those afraid of outright +abolition, and to "disintegrate the rebel soldiery" of north Alabama, +which they said was never strongly devoted to the Confederacy. It was +asserted that all the counties north of the cotton belt and those in the +southeast were ready for a movement toward reconstruction. Giers stated +that approaches were then being made to Governor Watts. Andrew Johnson, +the newly elected Vice-President, vouched for the good character of +Giers.[345] Ten days later Giers wrote Grant that on account of the rumors +of the submission of various Confederate generals he had caused to be +published a contradiction of the report of the agreement with the +Confederate leaders. He further stated that one of Roddy's officers, +Lieutenant W. Alexander, had released a number of Federal prisoners +without parole or exchange, according to agreement.[346] In several +instances, in the spring of 1865, subordinate Confederate commanders +proposed a truce, and after Lee's surrender and Wilson's raid this was a +general practice. During the months of April and May, there was a combined +movement of citizens and soldiers in a number of counties in north Alabama +to reorganize civil government according to a plan furnished by General +Thomas, Giers being the intermediary.[347] On May 1 General Steele of the +second army of invasion was informed at Montgomery by J. J. Seibels, L. E. +Parsons, and J. C. Bradley--all well-known obstructionists--that +two-thirds of the people of Alabama would take up arms to put down the +"rebels."[348] Colonel Seibels alone of that gallant company had ever +taken up arms for any cause. The other two and their kind may have been, +and doubtless often were, warlike in their conversation, but they never +drew steel to support their convictions. + +It is quite likely that the strength of the disaffection, especially in +north and east Alabama, was exaggerated by the reports of both Union and +Confederate authorities. There never had been during the war much loyalty, +in the proper sense of the word, to the United States. There was much +pure indifference on the part of some people who desired the strongest +side to win as soon as possible and leave them in safety. There was much +discontent on the part of others who had supported the Confederacy for a +while, but who, for various reasons, had fallen away from the cause and +now wanted peace and reunion. There was a very large element of outright +lawlessness in the opposition to the Confederate government. The lowest +class of men on both sides or of no side united to plunder that +defenceless land between the two armies. This class wanted no peace, for +on disorder they thrived. For years after the war ended they gave trouble +to Federal and state authorities. The discontent was actively manifested +by civilians, deserters, "mossbacks," "bomb-proofs," and "feather beds." +These had never strongly supported the Confederacy. It was largely a +timid, stay-at-home crowd, with a few able but erratic leaders. The +soldiers may have been dissatisfied,--many of them were,--and many of them +left the army in the spring of 1865 to go home and plant crops for the +relief of their suffering families. Many of them in the dark days after +Nashville and Franklin took the oath of allegiance and went home, sure +that the war was ended and the cause was lost. Yet these were not the ones +found in such organizations as the Peace Society. That was largely made up +of people whom the true soldier despised as worthless. There were few +soldiers in the peace movement and these only at the last. + +The peace party, however, was strong in one way. All were voters and, +being at home, could vote. The soldiers in the army had no voice in the +elections. The malcontents, had they possessed courage and good leaders, +could have controlled the state after the summer of 1864. The able men in +the movement were not those who inspired confidence in their followers. +There were no troops in the state to keep them down, and the only check +seems to have been their fear of the soldiers, who were fighting at the +front, in the armies of Lee and Johnston, of Wheeler and Hood and Taylor. +They were certainly afraid of the vengeance of these soldiers.[349] It was +much better that the war resulted in the complete destruction of the +southern cause, leaving no questions for future controversy, such as would +have arisen had the peace party succeeded in its plans. + + + + +CHAPTER IV + +ECONOMIC AND SOCIAL CONDITIONS + + +SEC. 1. INDUSTRIAL DEVELOPMENT DURING THE WAR + +Early in the war the blockade of the southern ports became so effective +that the southern states were shut off from their usual sources of supply +by sea. Trade through the lines between the United States and the +Confederate States was forbidden, and Alabama, owing to its central +location, suffered more from the blockade than any other state. For three +years the Federal lines touched the northern part of the state only, and, +as no railroads connected north and south Alabama, contraband trade was +difficult in that direction. Mobile, the only port of the state, was +closely blockaded by a strong Federal fleet. The railroad communications +with other states were poor, and the Confederate government usually kept +the railroads busy in the public service. Consequently, the people of +Alabama were forced to develop certain industries in order to secure the +necessaries of life. But outside these the industrial development was +naturally in the direction of the production of materials of war. + + +Military Industries + +During the first two years of the war volunteers were much more plentiful +than equipment. The arms seized at Mount Vernon and other arsenals in +Alabama were old flint-locks altered for the use of percussion caps and +were almost worthless, being valued at $2 apiece. These were afterwards +transferred to the Confederate States, which returned but few of them to +arm the Alabama troops.[350] Late in 1860 a few thousand old muskets were +purchased by the state from the arsenal at Baton Rouge, Louisiana, for +$2.50 each. A few Mississippi rifles were also secured, and with these the +Second Alabama Infantry was armed. These rifles, however, required a +special kind of ammunition, and this made them almost worthless. Other +arms were found to be useless for the same reason. Both cavalry and +infantry regiments went to the front armed with single and double +barrelled shot-guns, squirrel rifles, muskets, flint-locks, and old +pistols. No ammunition could be supplied for such a miscellaneous +collection. Many regiments had to wait for months before arms could be +obtained. Before October, 1861, several thousand men had left Alabama +unarmed, and several thousand more, also unarmed, were left waiting in the +state camps.[351] In 1861 the state legislature bought a thousand pikes +and a hundred bowie-knives to arm the Forty-eighth Militia Regiment, which +was defending Mobile. The sum of $250,000 was appropriated to lend to +those who would manufacture firearms for the government.[352] In 1863 the +Confederate Congress authorized the enlistment of companies armed with +pikes who should take the places of men armed with firearms when the +latter were dead or absent.[353] Private arms--muskets, rifles, pistols, +shot-guns, carbines--were called for and purchased from the owners when +not donated.[354] An offer was made to advance fifty per cent of the +amount necessary to set up machinery for the manufacture of small +arms.[355] Old Spanish flint-lock muskets were brought in from Cuba +through the blockade, altered, and placed in the hands of the troops.[356] + +[Illustration: INDUSTRIAL DEVELOPMENT 1861-1865] + +In 1862 a small-arms factory was established at Tallassee which employed +150 men and turned out about 150 carbines a week. At the end of 1864 it +had produced only 6000.[357] At Montgomery the Alabama Arms Manufacturing +Company had the best machinery in the Confederacy for making Enfield +rifles. At Selma were the state and Confederate arsenals, a navy-yard, and +naval foundry with machinery of English make, of the newest and most +complete pattern. It had been brought through the blockade from Europe and +set up at Selma because that seemed to be a place safe from invasion and +from the raids of the enemy. Here the vessels for the defence of Mobile +were built, heavy ordnance was cast, with shot and shell, and plating for +men-of-war. The armored ram _Tennessee_, famous in the fight in Mobile +Bay, the gunboats _Morgan_, _Selma_, and _Gaines_ were all built at the +Selma navy-yard--guns, armor, and everything being manufactured on the +spot. When the _Tennessee_ surrendered, after a terrible battle, its armor +had not been penetrated by a single shot or shell. The best cannon in +America were cast at the works in Selma. The naval foundry employed 3000 +men, the other works as many more. Half the cannon and two-thirds of the +fixed ammunition used during the last two years of the war were made at +these foundries and factories. The foundry destroyed by Wilson was +pronounced by experts to be the best in existence. It could turn out at +short notice a fifteen-inch Brooks or a mountain howitzer. Swords, rifles, +muskets, pistols, caps, were manufactured in great quantities. There were +more than a hundred buildings, which covered fifty acres; and after +Wilson's destructive work, Truman, the war correspondent, said that they +presented the greatest mass of ruins he had ever seen.[358] There was a +navy-yard on the Tombigbee, in Clarke County, near the Sunflower Bend. +Several small vessels had been completed and several war vessels, probably +gunboats, were in process of construction here when the war ended; both +vessels and machinery were destroyed by order of the Confederate +authorities.[359] + +Gunpowder was scarce throughout the war, and nitre or saltpetre, its +principal ingredient, was not to be purchased from abroad. A powder mill +was established at Cahaba,[360] but the ingredients were lacking. Charcoal +for gunpowder was made from willow, dogwood, and similar woods. The nitre +on hand was soon exhausted, and it was sought for in the caves of the +limestone region of Alabama and Tennessee. In north Alabama there were +many of these large caves. The earth in them was dug up and put in hoppers +and water poured over it to leach out the nitre. The lye was caught (just +as for making soft soap from lye ashes), boiled down, and then dried in +the sunshine.[361] The earth in cellars and under old houses was scraped +up and leached for the nitre in it. In 1862 a corps of officers under the +title of the Nitre and Mining Bureau[362] was organized by the War +Department to work the nitre caves of north Alabama which lay in the +doubtful region between the Union and the Confederate lines, and which +were often raided by the enemy. The men were subjected to military +discipline and were under the absolute command of the superintendent, who +often called them out to repulse Federal raiders. As much as possible in +this department, as in the others, exempts and negroes were used for +laborers. For clerical work those disabled for active service were +appointed, and instructions were issued that employment should be given +to needy refugee women.[363] These important nitre works were repeatedly +destroyed by the Federals, who killed or captured many of the +employees.[364] In the district of upper Alabama, under the command of +Captain William Gabbitt, whose headquarters were at Blue Mountain (now +Anniston), most of the work was done in the limestone caves of the +mountain region.[365] Several hundred men--whites and negroes--were +employed in extracting the nitre from the cave earth. To the end of +September, 1864, this district had produced 222,665 pounds of nitre at a +cost of $237,977.17, war prices.[366] + +The supply from the caves proved insufficient, and artificial nitre beds +or nitraries were prepared in the cities of south and central Alabama. It +was necessary to have them near large towns, in order to obtain a +plentiful supply of animal matter and potash, and the necessary labor. +Efforts were also made to induce planters in marl or limestone counties to +work plantation earth.[367] Under the supervision of Professor W. H. C. +Price, nitraries were established at Selma, Mobile, Talladega, Tuscaloosa, +and Montgomery. Negro labor was used almost entirely, each negro having +charge of one small nitre bed. To October, 1864, the nitraries of south +Alabama produced 34,716 pounds at a cost of $26,171.14, which was somewhat +cheaper than the nitre from the caves. From these nitraries better results +were obtained than from the French, Swedish, and Russian nitraries which +served as models. The Confederate nitre beds were from sixteen to +twenty-seven months old in October, 1864, and hence not at their best +producing stage. Yet, allowing for the difference in age, they gave better +results, as they produced from 2.57 to 3.3 ounces of nitre per cubic foot, +while the average European nitraries at four years of age gave 4 ounces +per cubic foot. Earth from under old houses and from cellars produced from +2 to 4 ounces to the cubic foot. Nitre caves produced from 6 to 12 ounces +per cubic foot. Most of the nitre thus obtained was made into powder at +the mills in Selma. There were some private manufacturers of nitre, and to +encourage these the Confederate Congress authorized the advance to makers +of fifty per cent of the cost of the necessary machinery.[368] + +The state legislature appropriated $30,000 to encourage the manufacture +and preparation of powder, saltpetre (nitre), sulphur, and lead. Little of +the last article was found in Alabama.[369] Some of the powder works were +in operation as early as 1861, and in that year the War Department gave +Dr. Ullman of Tallapoosa a contract to supply 1000 to 1500 pounds of +sulphur a day.[370] + +The Confederate Nitre and Mining Bureau had charge of the production of +iron in Alabama for the use of the Confederacy. The mines were principally +in the hilly region south of the Tennessee River, where several furnaces +and iron works were already established before the war. Two or three new +companies, with capital of $1,000,000 each, had bought mineral lands and +had commenced operations when the war broke out. The Confederate +government bought the property or gave the companies financial assistance. +The iron district was often raided by the Federals, who blew up the +furnaces and wrecked the iron works.[371] The Irondale works, near Elyton, +were begun in 1862, and made much iron, but they also were destroyed in +1864 by the Federals.[372] Other large iron furnaces, with their forges, +foundries, and rolling-mills, were destroyed by Rousseau's raid in 1864. +The government employed several hundred conscripts and several thousand +negroes in the mines and rolling-mills. It also offered fifty per cent of +the cost of equipment to encourage the opening of new mines by private +owners.[373] There is record of only about 15,000 tons of Alabama iron +being mined by the Confederacy, but probably there was much more.[374] The +iron was sent to Selma, Montgomery, and other places for manufacture. The +ordnance cast in Selma was of Alabama iron; and after the war, when the +United States sold the ruins of the arsenal, the big guns were cut up and +sent to Philadelphia. Here the fine quality of the iron attracted the +attention of experts and led to the development by northern capital of the +iron industry in north Alabama. + +The Confederate government encouraged the building and extension of +railroads, and paid large sums to them for the transportation of troops, +munitions of war, and military supplies.[375] Several lines of road within +the state were made military roads, and the government extended their +lines, built bridges and cars, and kept the lines in repair.[376] In 1862 +$150,000 was advanced to the Alabama and Mississippi Railway Company, to +complete the line between Selma and Meridian,[377] and the duty on iron +needed for the road was remitted.[378] On June 25 of this year this road +was seized by the military authorities in order to finish it,[379] and +because of the lack of iron D. H. Kenny was directed (July 21, 1863) to +impress the iron and rolling stock belonging to the Alabama and Florida +Railway, the Gainesville Branch of the Mobile and Ohio, the Cahaba, +Marion, and Greensborough Railroad, and the Uniontown and Newberne +Railroad. The Alabama and Mississippi road was a very important line, +since it tapped the supply districts of Mississippi and the Black Belt of +Alabama. There were many difficulties in the way of the builders. In 1862 +the locomotives were wearing out and no iron was to be obtained. In the +fall of the same year the planters withdrew their negroes who were working +on the road, and left the bridges half finished. But finally, in December, +1862, the road was completed.[380] In the fall of 1862 a road between Blue +Mountain, Alabama, and Rome, Georgia, was planned, and $1,122,480.92 was +appropriated by the Confederate Congress, a mortgage being taken as +security.[381] This road was graded and some bridges built and iron laid, +but was not in running order before the end of the war. + +Telegraph lines, which had been few before the war, were now placed along +each railroad, and several cross-country lines were put up. The first +important new line was along the Mobile and Ohio Railroad, from Mobile to +Meridian.[382] + + +Private Manufacturing Enterprises + +Both the state and the Confederate government encouraged manufactures by +favorable legislation. The Confederate government was always ready to +advance half of the cost of the machinery and to take goods in payment. A +law of Alabama in 1861 secured the rights of inventors and authors. All +patents under the United States laws prior to January 11, 1861, were to +hold good under the state laws, and the United States patent and copyright +laws were adopted for Alabama.[383] Later, jurisdiction over patents, +inventions, and copyrights was transferred to the Confederate government. +A bonus of five and ten cents apiece on all cotton and wool cards made in +Alabama was offered by the legislature in December, 1861.[384] All +employees in iron mills, in foundries, and in factories supplying the +state or Confederate governments with arms, clothing, cloth, and the like +were declared by the state exempt from military duty. + +Factories were soon in operation all over the state, especially in central +Alabama. In all places where there were government factories there also +were found factories conducted by private individuals. In 1861 there were +factories at Tallassee, Autaugaville, and Prattville, with 23,000 spindles +and 800 employees, which could make 5000 yards of good tent cloth a +day.[385] And other cotton mills were established in north Alabama as +early as 1861.[386] The Federals burned these buildings and destroyed the +machinery in 1862 and 1863. There was the most "unsparing hostility +displayed by the northern armies to this branch of industry. They +destroyed instantly every cotton factory within their reach."[387] + +At Tuscaloosa were cotton and shoe factories, tanneries, and an iron +foundry. A large cotton factory was established in Bibb County, and at +Gainesville there were workshops and machine-shops. In addition to the +government works, Selma had machine-shops, car shops, iron mills, and +foundries, cotton, wool, and harness factories, conducted by private +individuals. There were cotton and woollen factories at Prattville and +Autaugaville, and at Montgomery were car shops, harness shops, iron mills, +foundries, and machine-shops. The best tent cloth and uniform cloth was +made at the factories of Tallassee. The state itself began the manufacture +of shoes, salt, clothing, whiskey, alcohol, army supplies, and supplies +for the destitute.[388] Extensive manufacturing establishments of various +kinds in Madison, Lauderdale, Tuscumbia, Bibb, Autauga, Coosa, and +Tallapoosa counties were destroyed during the war by the Federals. There +were iron works in Bibb, Shelby, Calhoun, and Jefferson counties, and in +1864 there were a dozen large furnaces with rolling-mills and foundries in +the state.[389] However, in that year the governor complained that though +Alabama had immense quantities of iron ore, even the planters in the iron +country were unable to get sufficient iron to make and mend agricultural +implements, since all iron that was mined was used for purposes of the +Confederacy.[390] The best and strongest cast iron used by the Confederacy +was made at Selma and at Briarfield. The cotton factories and tanneries in +the Tennessee valley were destroyed in 1862 by the Federal troops.[391] + + +Salt Making + +Salt was one of the first necessaries of life which became scarce on +account of the blockade. The Adjutant and Inspector-General of Alabama +stated, March 20, 1862, that the Confederacy needed 6,000,000 bushels of +salt, and that only an enormous price would force the people to make it. +In Montgomery salt was then very scarce, bringing $20 per sack, and +speculators were using every trick and fraud in order to control the +supply.[392] The poor people especially soon felt the want of it, and in +November, 1861, the legislature passed an act to encourage the manufacture +of salt at the state reservation in Clarke County.[393] The state +government even began to make salt at these salt springs. At the Upper +Works, near Old St. Stephens, 600 men and 120 teams were employed at 30 +furnaces, which were kept going all the time, the production amounting to +600 bushels a day. These works were in operation from 1862 to 1865. The +Lower Works, near Sunflower Bend on the Tombigbee River, for four years +employed 400 men with 80 teams at 20 furnaces. The production here was +about 400 bushels a day. The Central Works, near Salt Mountain, were under +private management, and, it is said, were much more successful than the +works under state management.[394] The price of salt at the works ranged +from $2.50 to $7 a bushel in gold, or from $3 to $40 in currency. From +1861 to 1865, 500,000 bushels of good salt were produced each year. + +To obtain the salt water, wells were bored to depths ranging from 60 to +100 feet,--one well, however, was 600 feet deep,--while in the bottom or +swamp lands brine was sometimes found at a depth of 8 feet. The water at +first rose to the surface and overflowed about 30 gallons a minute in some +wells, but as more wells were sunk the brine ceased to flow out and had to +be pumped about 16 feet by steam or horse power. It was boiled in large +iron kettles like those then used in syrup making and which are still seen +in remote districts in the South. Seven or eight kettles of water would +make one kettle of salt. This was about the same percentage that was +obtained at the Onondaga (New York) salt springs. About the same boiling +was required as in making syrup from sugar-cane juice. The wells were +scattered for miles over the country and thousands of men were employed. +For three years more than 6000 men, white and black, were employed at the +salt works of Clarke County, from 2000 to 3000 working at the Upper Works +alone. All were not at work at the furnaces, but hundreds were engaged in +cutting and hauling wood for fuel, and in sacking and barrelling salt. It +is said that in the woods the blows of no single axe nor the sound of any +single falling tree could be distinguished; the sound was simply +continuous. Nine or ten square miles of pine timber were cleared for fuel. + +The salt was sent down the Tombigbee to Mobile or conveyed in wagons into +the interior of Alabama, Mississippi, and Georgia. These wagons were so +numerous that for miles from the various works it was difficult to cross +the road. The whole place had the appearance of a manufacturing city. +These works had been in operation to some extent since 1809. The wells +were exhausted from 1865 to 1870, when they began flowing again. + +Besides the smaller works and large private works there were hundreds of +smaller establishments. When salt was needed on a plantation in the Black +Belt, the overseer would take hands, with pots and kettles, and go to the +salt wells, camp out for several weeks, and make enough salt for the +year's supply. All private makers had to give a certain amount to the +state.[395] People from the interior of the state and from southeast +Alabama went to the Florida coast and made salt by boiling the sea water. +The state had salt works at Saltville, Virginia, but found it difficult to +get transportation for the product. Salt was given to the poor people by +the state, or sold to them at a moderate price. The legislature authorized +the governor to take possession of all salt when necessary for public use, +paying the owners a just compensation; $150,000 was appropriated for this +purpose in 1861, and in 1862 it was made a penal offence to send salt out +of the state.[396] A Salt Commission was appointed to look after the salt +works owned by the state in Louisiana. A private salt maker in Clarke +County made a contract to deliver two-fifths of his product to the state +at the cost of manufacture, and the state purchased some salt from the +Louisiana saltbeds.[397] As salt became scarcer the people took the brine +in old pork and beef barrels and boiled it down. The soil under old +smoke-houses was dug up, put in hoppers, and bleached like ashes, and the +brine boiled down and dried in the sunshine.[398] + +At Bon Secour Bay, near Mobile, there were salt works consisting of +fifteen houses, capable of making seventy-five bushels per day from the +sea-water. In 1864 these were burned by the Federals, who often destroyed +the salt works along the Florida coast.[399] At Saltmarsh, ten miles west +of Selma, there were works which furnished much of the salt used in +Mississippi, central Alabama, and east Georgia during the years 1862, +1863, and 1864. Wells were dug to the depth of twelve or fifteen feet, +when salt water was struck. The wells were then curbed, furnaces of lime +rock were built, and upon them large kettles were placed. The water was +pumped from the wells and run into the kettles through troughs, then +boiled down, and the moisture evaporated by the sun. The fires were kept +up day and night. A large number of blacks and whites were employed at +these wells, and, as salt makers were exempt from military duty, the work +was quite popular.[400] + +Besides the industries above mentioned there were many minor enterprises. +Household manufactures were universal. The more important companies were +chartered by the legislature. The acts of the war period show that in 1861 +there were incorporated six insurance companies and the charters of others +were amended to suit the changed conditions; three railroad companies were +incorporated, and aid was granted to others for building purposes. Roads +carrying troops and munitions free were exempted from taxation. Two mining +and manufacturing companies were incorporated, four iron and coal +companies, one ore foundry, an express company,[401] a salt manufacturing +company, a chemical manufacturing company, a coal and leather company, and +a wine and fruit company. In 1862 the legislature incorporated four iron +and foundry companies, a railroad company, the Southern Express Company, a +gas-light company, six coal and iron companies, a rolling-mill, and an oil +company, and amended the charters of four railroad companies and two +insurance companies. In 1864 two railroad companies were given permission +to manufacture alcohol and lubricating oil, and the Citronelle Wine, +Fruit, and Nursery Company was incorporated. Various other manufacturing +companies--of drugs, barrels, and pottery--were established. + +Besides salt the state made alcohol and whiskey for the poor. Every man +who had a more than usual regard for his comfort and wanted to keep out of +the army had a tannery in his back yard, and made a few shoes or some +harness for the Confederacy, thus securing exemption. + +Governor Moore, in his message to the legislature on October 28, 1861, +said: "Mechanical arts and industrial pursuits, hitherto practically +unknown to our people, are already in operation. The clink of the hammer +and the busy hum of the workshop are beginning to be heard throughout our +land. Our manufactories are rapidly increasing and the inconvenience which +would result from the continuance of the war and the closing of our ports +for years would be more than compensated by forcing us to the development +of our abundant resources, and the tone and the temper it would give to +our national character. Under such circumstances the return of peace would +find us a self-reliant and truly independent people."[402] And had the +war ended early in 1864, the state would have been well provided with +manufactures. + +The raids through the state in 1864 and 1865 destroyed most of the +manufacturing establishments. The rest, whether owned by the government or +private persons, were seized by the Federal troops at the surrender and +were dismantled.[403] + + +SEC. 2. CONFEDERATE FINANCE IN ALABAMA + +Banks and Banking + +In a circular letter dated December 4, 1860, and addressed to the banks, +Governor Moore announced that should the state secede from the Union, as +seemed probable, $1,000,000 in specie, or its equivalent, would be needed +by the administration. The state bonds could not be sold in the North nor +in Europe, except at a ruinous discount, and a tax on the people at this +time would be inexpedient. Therefore he recommended that the banks hold +their specie. Otherwise there would be a run on the banks, and should an +extra session of the legislature be called to authorize the banks to +suspend specie payments, such action would produce a run and thus defeat +the object. He requested the banks to suspend specie payments, trusting to +the convention to legalize this action.[404] The governor then issued an +address to the people stating his reasons for such a step. It was done, he +said, at the request and by the advice of many citizens whose opinions +were entitled to respect and consideration. Such a course, they thought, +would relieve the banks from a run during the cotton season, would enable +them to aid the state, would do away with the expense of a special session +of the legislature, would prevent the sale of state bonds at a great +sacrifice, and would prevent extra taxation of the people in time of +financial crisis.[405] + +Three banks--the Central, Eastern, and Commercial--suspended at the +governor's request and made a loan to the state of $200,000 in coin. Their +suspension was legalized later by an ordinance of the convention. The +Bank of Mobile, the Northern Bank, and the Southern Bank refused to +suspend, though they announced that the state should have their full +support. The legislature passed an act in February, 1861, authorizing the +suspension on condition that the banks subscribe for ten year state bonds +at their par value. The bonds were to stand as capital, and the bills +issued by the banks upon these bonds were to be receivable in payment of +taxes. The amount which each bank was to pay into the treasury for the +bonds was fixed, and no interest was to be paid by the state on these +bonds until specie payments were resumed. All the banks suspended under +these acts, and thus the government secured most of the coin in the +state.[406] In October, 1861, before all the banks had suspended, state +bonds at par to the amount of $975,066.68 had been sold--all but $28,500 +to the banks. By early acts specie payments were to be resumed in May, +1862, but in December, 1861, the suspension was continued until one year +after the conclusion of peace with the United States. By this law the +banks were to receive at par the Confederate treasury notes in payment of +debts, their notes being good for public dues. The banks were further +required to make a loan to the state of $200,000 to pay its quota of the +Confederate war tax of August 16, 1861. So the privilege of suspension was +worth paying for.[407] + +The banking law was revised by the convention so that a bank might deposit +with the state comptroller stocks of the Confederate States or of Alabama, +receiving in return notes countersigned by the comptroller amounting to +twice the market value of the bonds deposited. If a bank had in deposit +with the comptroller under the old law any stocks of the United States, +they could be withdrawn upon the deposit of an equal amount of Confederate +stocks or bonds of the state. The same ordinance provided that none except +citizens of Alabama and members of state corporations might engage in the +banking business under this law. But no rights under the old law were to +be affected. It was further provided that subsequent legislation might +require any "free" bank to reduce its circulation to an amount not +exceeding the market value of the bonds deposited with the comptroller. +The notes thus retired were to be cancelled by the comptroller.[408] The +suspension of specie payments was followed by an increase of banking +business; note issues were enlarged; eleven new banks were chartered,[409] +and none wound up affairs. They paid dividends regularly of from 6 to 10 +per cent in coin, in Confederate notes, or in both. Speculation in +government funds was quite profitable to the banks. + + +Issues of Bonds and Notes + +The convention authorized the general assembly of the state to issue bonds +to such amounts and in such sums as seemed best, thus giving the assembly +practically unlimited discretion. But it was provided that money must not +be borrowed except for purposes of military defence, unless by a +two-thirds vote of the members elected to each house; and the faith and +credit of the state was pledged for the punctual payment of the principal +and interest.[410] + +The legislature hastened to avail itself of this permission. In 1861 a +bond issue of $2,000,000 for defence, and not liable to taxation, was +authorized at one time; at another, $385,000 for defence, besides an issue +of $1,000,000 in treasury notes receivable for taxes. Of the first issue +authorized, only $1,759,500 were ever issued. Opposition to taxation +caused the state to take up the war tax of $2,000,000 (August 19, 1861), +and for this purpose $1,700,000 in bonds was issued, the banks supplying +the remainder. There was a relaxation in taxation during the war; paper +money was easily printed, and the people were opposed to heavy taxes.[411] + +In 1862 bonds to the amount of $2,000,000 were issued for the benefit of +the indigent. The governor was given unlimited authority to issue bonds +and notes, receivable for taxes, to "repair the treasury," and $2,085,000 +in bonds were issued under this permit. These bonds drew interest at 6 +per cent, ran for twenty years, and sold at a premium of from 50 per cent +to 100 per cent. Bonds were used both for civil and for military purposes, +but chiefly for the support of the destitute. Treasury notes to the amount +of $3,500,000 were issued, drawing interest at 5 per cent, and receivable +for taxes. The Confederate Congress came to the aid of Alabama with a +grant of $1,200,000 for the defence of Mobile.[412] In 1863 notes and +bonds for $4,000,000 were issued for the benefit of indigent families of +soldiers, and $1,500,000 for defence; $90,000 in bonds was paid for the +steamer _Florida_, which was later turned over to the Confederate +government.[413] In 1864 $7,000,000 was appropriated for the support of +indigent families of soldiers, and an unlimited issue of bonds and notes +was authorized.[414] In 1862 the Alabama legislature proposed that each +state should guarantee the debt of the Confederate States in proportion to +its representation in Congress. This measure was opposed by the other +states and failed.[415] A year later a resolution of the legislature +declared that the people of Alabama would cheerfully submit to any tax, +not too oppressive in amount or unequal in operation, laid by the +Confederate government for the purpose of reducing the volume of currency +and appreciating its value. The assembly also signified its disapproval of +the scheme put forth at the bankers' meeting at Augusta, Georgia--to issue +Confederate bonds with interest payable in coin and to levy a heavy tax of +$60,000,000 to be paid in coin or in coupons of the proposed new +issue.[416] + +The Alabama treasury had many Confederate notes received for taxes. Before +April 1, 1864 (when such notes were to be taxed one-third of their face +value), these could be exchanged at par for twenty-year, 6 per cent +Confederate bonds. After that date the Confederate notes were fundable at +33-1/3 per cent of their face value only.[417] After June 14, 1864, the +state treasury could exchange Confederate notes for 4 per cent non-taxable +Confederate bonds, or one-half for 6 per cent bonds and one-half for new +notes. The Alabama legislature of 1864 arranged for funding the notes +according to the latter method.[418] The Alabama legislature of 1861 had +made it lawful for debts contracted after that year to be payable in +Confederate notes.[419] Later a meeting of the citizens of Mobile proposed +to ostracize those who refused to accept Confederate notes. Cheap money +caused a clamor for more, and the heads of the people were filled with +_fiat_ money notions. The rise in prices stimulated more issues of notes. +On February 9, 1861, $1,000,000 in state treasury notes was issued, and in +1862 there was a similar issue of $2,000,000 more. These state notes were +at a premium in Confederate notes, which were discredited by the +Confederate Funding Act of February 17, 1864. Confederate notes were +eagerly offered for state notes, but the state stopped the exchange.[420] +December 13, 1864, a law was passed providing for an unlimited issue of +state notes redeemable in Confederate notes and receivable for taxes. + +Private individuals often issued notes on their own account, and an +enormous number was put into circulation. The legislature, by a law of +December 9, 1862, prohibited the issue of "shinplaster" or other private +money under penalty of $20 to $500 fine, and any person circulating such +money was to be deemed the maker. It was not successful, however, in +reducing the flood of private tokens; the credit of individuals was better +than the credit of the government. + +Executors, administrators, guardians, and trustees were authorized to make +loans to the Confederacy and to purchase and receive for debts due them +bonds and treasury notes of the Confederacy and of Alabama and the +interest coupons of the same. One-tenth of the Confederate $15,000,000 +loan of February 28, 1861, was subscribed in Alabama.[421] In December, +1863, the legislature laid a tax of 37-1/2 per cent on bonds of the state +and of the Confederacy unless the bonds had been bought directly from the +Confederate government or from the state.[422] This was to punish +speculators. After October 7, 1864, the state treasury was directed to +refuse Confederate notes issued before February 17, 1864 (the date of the +Funding Act) in payment of taxes except at a discount of 33-1/3 per cent. +Later, Confederate notes were taken for taxes at their full market +value.[423] + +Gold was shipped through the blockade at Mobile to pay the interest on the +state bonded debt held in London. It has been charged that this money was +borrowed from the Central, Commercial, and Eastern banks and was never +repaid, recovery being denied on the ground that the state could not be +sued.[424] But the banks received state and Confederate bonds under the +new banking law in return for their coin. The exchange was willingly made, +for otherwise the banks would have had to continue specie payments or +forfeit their charters. And to continue specie payments meant immediate +bankruptcy.[425] After the war, the state was forbidden to pay any debt +incurred in aid of the war, nor could the bonds issued in aid of the war +be redeemed. The banks suffered just as all others suffered, and it is +difficult to see why the state should make good the losses of the banks in +Confederate bonds and not make good the losses of private individuals. To +do either would be contrary to the Fourteenth Amendment. + +The last statement of the condition of the Alabama treasury was as +follows:-- + + Balance in treasury, September 30, 1864 $3,713,959 + Receipts, September 30, 1864, to May 24, 1865 3,776,188 + ---------- + Total $7,490,147 + Disbursements, September 30, 1864, to May 24, 1865 6,698,853 + ---------- + Balance in treasury, September 30, 1864, to May 24, 1865 $791,294 + +The balance was in funds as follows:-- + + Checks on Bank of Mobile, payable in Confederate notes $11,440 + Certificate of deposit, Bank of Mobile, payable in Confederate + notes 1,330 + Confederate and state notes in treasury 517,889 + State notes, change bills (legal shinplasters) 250,004 + Notes of state banks and branches 358 + Bank-notes 424 + Silver 337 + Gold on hand 497 + Gold on deposit in northern banks 35 + -------- + Balance $791,294 + +To dispose of nearly $7,000,000 in small notes must have kept the treasury +very busy during the last seven months of its existence. It is interesting +to note that the treasury kept at work until May 24, 1865, six weeks after +the surrender of General Lee. + + +Special Appropriations and Salaries + +Besides the regular appropriations for the usual expenses of the +government, there were many extraordinary appropriations. These, of +course, were for the war expenses which were far greater than the ordinary +expenses. The chief item of these extraordinary appropriations was for the +support of the indigent families of soldiers, and for this purpose about +$11,000,000 was provided. For the military defence of the state several +million dollars were appropriated, much of this being spent for arms and +clothing for the Alabama troops, both in the Confederate and the state +service. Money was granted to the University of Alabama and other military +schools on condition that they furnish drill-masters for the state troops +without charge. Hospitals were furnished in Virginia and in Alabama for +the Alabama soldiers. The gunboat _Florida_ was bought for the defence of +Mobile, and $150,000 was appropriated for an iron-clad ram for the same +purpose. Loans were made to commanders of regiments to buy clothing for +their soldiers, and the state began to furnish clothing, $50,000 being +appropriated at one time for clothing for the Alabama soldiers in northern +prisons. By March 12, 1862, Alabama had contributed $317,600 to the +support of the Army of Northern Virginia.[426] Much was expended in the +manufacture of salt in Alabama and in Virginia, which was sold at cost or +given away to the poor; in the purchase of salt from Louisiana to be sold +at a low price, and in bounties paid to salt makers in the state who sold +salt at reasonable prices. The state also paid for medical attendance for +the indigent families of soldiers. When the records and rolls of the +Alabama troops in the Confederate service were lost, money was +appropriated to have new ones made. Frequent grants were made to the +various benevolent societies of the state whose object was to care for the +maimed and sick soldiers, the widows and the orphans. Cotton and wool +cards and agricultural implements were purchased and distributed among +the poor. Slaves and supplies were taken for the public service and the +owners compensated. + +The appropriations for the usual expenses of the government were light, +seldom more than twice the appropriations in times of peace, +notwithstanding the depreciated currency. The salaries of public officers +who received stated amounts ranged from $1500 to $4000 a year in state +money. In 1862 the salaries of the professors in the State University were +doubled on account of the depreciated currency, the president receiving +$5000 and each professor $4000.[427] The members of the general assembly +were more fortunate. In 1864 they received $15 a day for the time in +session, and the clerks of the legislature, who were disabled soldiers or +exempt from service, or were women, were paid the same amount. The salt +commissioners drew salaries of $3000 a year in 1864 and 1865, though this +amount was not sufficient to pay their board for more than six months. +Salaries were never increased in proportion to expenses. The compensation, +in December, 1864, for capturing a runaway slave was $25, worth probably +50 cents in coin. For the inaugural expenses of Governor Watts, $500 in +paper was appropriated.[428] Many laws were passed, regulating and +changing the fees and salaries of public officials. In October, 1884, for +example, the salaries of the state officials, tax assessors and +collectors, and judges were increased 50 per cent. Besides the general +depreciation of the currency, the variations of values in the different +sections of the state rendered such changes necessary. In the central +part, which was safe for a long time from Federal raids, the currency was +to the last worth more, and the prices of the necessaries of life were +lower than in the more exposed regions. This fact was taken into +consideration by the legislature when fixing the fees of the state and +county officers in the various sections of the state. + + +Taxation + +As a result of the policy adopted at the outset of meeting the +extraordinary expenses by bond issues,[429] the people continued to pay +the light taxes levied before the war, and paid them in paper money. +Though falling heavily on the salaried and wage-earning classes, it was +never a burden upon the agricultural classes except in the poorest white +counties. The poll tax brought in little revenue. Soldiers were exempt +from its payment and from taxation on property to the amount of $500. The +widows and orphans of soldiers had similar privileges. A special tax of 25 +per cent on the former rate was imposed on all taxable property in +November, 1861, and a year later, by acts of December 9, 1862, a +far-reaching scheme of taxation was introduced. Under this poll taxes were +levied as follows:-- + + White men, 21 to 60 years $0.75 + Free negro men, 21 to 50 years 5.00 + Free negro women, 21 to 45 years 3.00 + Slaves (children to laborers in prime) 0.50 to 2.00 + More valuable slaves 2.00 and up + +And other taxes as follows:-- + + Crop liens 33-1/3% + Hoarded money 1% + Jewellery, plate, furniture 1/2% + Goods sold at auction 10% + Imports 2% + Insurance premiums (companies not chartered by state) 2% + Playing cards, per pack $1.00 + Gold watches, each 1.00 + Gold chains, silver watches, clocks 0.50 + Articles raffled off 10% + Legacies, profits and sales, incomes 5% + Profits of Confederate contractors 10% + Wages of Confederate officials 10% + Race tracks 10% + Billiard tables, each $150.00 + Bagatelle 20.00 + Tenpin alleys, each 40.00 + Readings and lectures, each 4.00 + Pedler 100.00 + Spirit rapper, per day 500.00 + Saloon-keeper $40.00 to 150.00 + Daguerreotypist 10.00 to 100.00 + Slave trader, for each slave offered for sale 20.00 + +In 1863 a tax of 37-1/2 per cent was laid on Confederate and state bonds +not in the hands of the original purchaser;[430] 7-1/2 per cent was levied +on profits of banking, railroad companies, and on evidence of debt; 5 per +cent on other profits not included in the act of the year before. The tax +on gold and silver was to be paid in gold and silver; on bank-notes, in +notes; on bonds, in coupons.[431] In December, 1864, the taxes levied by +the laws of 1862 and 1863 were increased by 33-1/3 per cent. Taxes on gold +and silver were to be paid in kind or in currency at its market +value.[432] This was the last tax levied by the state under Confederate +rule. From these taxes the state government was largely supplied. + +A number of special laws were passed to enable the county authorities to +levy taxes-in-kind or to levy a certain amount in addition to the state +tax, for the use of the county. The taxes levied by the state did not bear +heavily upon the majority of the people, as nearly all, except the +well-to-do and especially the slave owners, were exempt. The constant +depreciation of the currency acted, of course, as a tax on the +wage-earners and salaried classes and on those whose income was derived +from government securities. + +While the state taxes were felt chiefly by the wealthier agricultural +classes and the slave owners, this was not the case with the Confederate +taxes. The loans and gifts from the state, the war tax of August 19, 1861, +the $15,000,000 loan, the Produce Loan, and the proceeds of +sequestration--all had not availed to secure sufficient supplies. The +Produce Loan of 1862 was subscribed to largely in Alabama, the Secretary +of the Treasury issuing stocks and bonds in return for supplies,[433] and +$1,500,000 of the $15,000,000 loan was raised in the state. Still the +Confederate government was in desperate need. The farmers would not +willingly sell their produce for currency which was constantly decreasing +in value, and, when selling at all, they were forced to charge exorbitant +prices because of the high prices charged them for everything by the +speculators.[434] The speculator also ran up the prices of supplies beyond +the reach of the government purchasing agents who had to buy according to +the list of prices issued by impressment commissioners. So in the spring +of 1863 all other expedients were cast aside and the Confederate +government levied a genuine "Morton's Fork" tax. No more loans of paper +money from the state, no more assumption of war taxes by the state +governments because the people were opposed to any form of direct +taxation, no more holding back of supplies by producers and speculators +who refused to sell to the Confederate government except for coin; the new +law stopped all that.[435] + +First there was a tax of 8 per cent on all agricultural products in hand +on July 1, 1863, on salt, wine, and liquors, and 1 per cent on all moneys +and credits. Second, an occupation tax ranging from $50 to $200 and from +2-1/2 per cent to 20 per cent of their gross sales was levied on bankers, +auctioneers, brokers, druggists, butchers, fakirs, liquor dealers, +merchants, pawnbrokers, lawyers, physicians, photographers, brewers, and +distillers; hotels paid from $30 to $500, and theatres, $500. Third, there +was an income tax of 1 per cent on salaries from $1000 to $1500 and 2 per +cent on all over $1500. Fourth, 10 per cent on all trade in flour, bacon, +corn, oats, and dry goods during 1863. Fifth, a tax-in-kind, by which each +farmer, after reserving 50 bushels of sweet and 50 bushels of Irish +potatoes, 20 bushels of peas or beans, 100 bushels of corn or 50 bushels +of wheat out of his crop of 1863, had to deliver (at a depot within 8 +miles) out of the remainder of his produce for that year, 10 per cent of +all wheat, corn, oats, rye, buckwheat, rice, sweet and Irish potatoes, +hay, fodder, sugar, molasses, cotton, wool, tobacco, peas, beans, and +peanuts; 10 per cent of all meat killed between April 24, 1863, and March +1, 1863.[436] + +By this act $9,500,000 in currency was raised in Alabama. Alabama, with +Georgia and North Carolina, furnished two-thirds of the tax-in-kind. +Though at first there was some objection to the tax-in-kind because it +bore entirely on the agricultural classes, yet it was a just tax so far as +the large planters were concerned, since the depreciated money had acted +as a tax on the wage-earners and salaried classes, who had also some state +tax to pay. The tax-in-kind fell heavily upon the families of small +farmers in the white counties, who had no negro labor and who produced no +more than the barest necessaries of life. To collect the tax-in-kind +required an army of tithe gatherers and afforded fine opportunities of +escape from military service. The state was divided into districts for the +collection of all Confederate taxes, with a state collector at the head. +The collection districts were usually counties, following the state +division into taxing districts. In 1864 the tobacco tithe was collected by +treasury agents and not by the quartermaster's department, which had +formerly collected it.[437] The tax of April 24, 1863, was renewed on +February 17, 1864, and some additional taxes laid as follows:-- + + Real estate and personal property 5% + Gold and silver ware, jewellery 10% + Coin 5% + Credits 5% + Profits on liquors, produce, groceries, and dry goods 10% + +On June 10, 1864, an additional tax of 20 per cent of the tax for 1864 was +laid, payable only in Confederate treasury notes of the new issue. Four +days later an additional tax[438] was levied as follows:-- + + Real estate and personal property and coin 5% + Gold and silver ware 10% + Profits on liquors, produce, groceries, and dry goods 30% + Treasury notes of old issue (after January, 1865) 100% + +The taxes during the war, state and Confederate, were in all five to ten +times those levied before the war. Never were taxes paid more willingly by +most of the people,[439] though at first there was opposition to them. It +is probable that the authorities did not, in 1861 and 1862, give +sufficient consideration to the fact that conditions were much changed, +and that in view of the war the people would willingly have paid taxes +that they would have rebelled against in times of peace. + +Of the tax-in-kind for 1863, $100,000 was collected in Pickens county +alone, one of the poorest counties in the state. The produce was sent in +too freely to be taken care of by the government quartermasters, and, as +there was enough on hand for a year or two, much of it was ruined for lack +of storage room.[440] An English traveller in east Alabama, in 1864, +reported that there was abundance. The tax-in-kind was working well, and +enough provisions had already been collected for the western armies of the +Confederacy to last until the harvest of 1865.[441] There were few +railroads in the state and the rolling stock on these was scarce and soon +worn out. So the supplies gathered by the tax-in-kind law could not be +moved. Hundreds of thousands of pounds of beef and bacon and bushels of +corn were piled up in the government warehouses and at the depots, while +starvation threatened the armies and the people also in districts remote +from the railroads or rivers. At the supply centres of Alabama and along +the railroads in the Black Belt there were immense stores of provisions. +When the war ended, notwithstanding the destruction by raids, great +quantities of corn and bacon were seized or destroyed by the Federal +troops.[442] + + +Impressment + +The state quite early began to secure supplies by impressment. Salt was +probably the first article to which the state laid claim. Later the +officials were authorized to impress and pay for supplies necessary for +the public service. In 1862 the governor was authorized to impress shoes, +leather, and other shoemakers' materials for the use of the army. The +legislature appropriated $250,000 to pay for impressments under this +law.[443] In case of a refusal to comply with an order of impressment the +sheriff was authorized to summon a _posse comitatus_ of not less than 20 +men and seize double the quantity first impressed. In such cases no +compensation was given.[444] The people resisted the impressment of their +property. By a law of October 31, 1862, the governor was empowered to +impress slaves, and tools and teams for them to work with, in the public +service against the enemy, and $1,000,000 was appropriated to pay the +owners.[445] Slaves were regularly impressed by the Confederate officials +acting in coöperation with the state authorities, for work on +fortifications and for other public service. Several thousand were at work +at Mobile at various times. They were secured usually by requisition on +the state government, which then impressed them. In December, 1864, +Alabama was asked for 2500 negroes for the Confederate service.[446] The +people were morbidly sensitive about their slave property, and there was +much discontent at the impressment of slaves, even though they were paid +for. As the war drew to a close, the people were less and less willing to +have their servants impressed. + +In the spring of 1863, the Confederate Congress authorized the impressment +of private property for public use.[447] The President and the governor +each appointed an agent, and these together fixed the prices to be paid +for the property taken.[448] Every two months they published schedules of +prices, which were always below the market prices.[449] Evidently +impressment had been going on for some time, for, in November, 1862, Judge +Dargan, member of Congress from Alabama, wrote to the President that the +people from the country were afraid to bring produce to Mobile for fear of +seizure by the government. In November, 1863, the Secretary of War issued +an order that no supplies should be impressed when held by a person for +his own consumption or that of his employees or slaves, or while being +carried to market for sale, except in urgent cases and by order of a +commanding general. Consequently the land was filled with agents buying a +year's supply for railroad companies, individuals, manufactories, and +corporations, relief associations, towns, and counties--all these to be +protected from impressment. Most speculators always had their goods on the +way to market for sale. The great demand caused prices to rise suddenly, +and the government, which had to buy by scheduled prices, could not +compete with private purchasers; yet it could not legally impress. There +was much abuse of the impressment law, especially by unauthorized persons. +It was the source of much lawless conduct on the part of many who claimed +to be Confederate officials, with authority to impress.[450] The +legislature frequently protested against the manner of execution of the +law. In 1863 a state law was passed which indicates that the people had +been suffering from the depredations of thieves who pretended to be +Confederate officials in order to get supplies. It was made a penal +offence in 1862 and again in 1863, with from one to five years' +imprisonment and $500 to $5000 fine, to falsely represent one's self as a +Confederate agent, contractor, or official.[451] The merchants of Mobile +protested against the impressment of sugar and molasses, as it would cause +prices to double, they said.[452] There was much complaint from sufferers +who were never paid by the Confederate authorities for the supplies +impressed. Quartermasters of an army would sometimes seize the necessary +supplies and would leave with the army before settling accounts with the +citizens of the community, the latter often being left without any proof +of their claim. In north Alabama, especially, where the armies never +tarried long at a place, the complaint was greatest. To do away with this +abuse resulting from carelessness, the Secretary of War appointed agents +in each congressional district to receive proof of claims for forage and +supplies impressed.[453] The state wanted a Confederate law passed to +authorize receipts for supplies to be given as part of the +tax-in-kind.[454] The unequal operation of the impressment system may be +seen in the case of Clarke and Monroe counties. In the former, from 16 +persons, property amounting to $1700 was impressed. In Monroe, from 37 +persons $60,000 worth was taken. The delay in payment was so long that the +money was practically worthless when received.[455] + + +Debts, Stay Laws, Sequestration + +In the secession convention the question of indebtedness to northern +creditors came up, and Watts of Montgomery proposed confiscation, in case +of war, of the property of alien enemies and of debts due northern +creditors. The proposal was supported by several members, who declared +that the threat of confiscation would do much to promote peace. But the +majority of the convention were opposed to any measure looking toward +confiscation, and the matter was carried over for the Confederate +government to settle.[456] + +Stay laws were enacted in Alabama on February 8, 1861, and on December +10, 1861. The Confederate Provisional Congress enacted a law (May 21, +1861) that debtors to persons in the North (except in Delaware, Maryland, +Missouri, and the District of Columbia) be prohibited from paying their +debts during the war.[457] They should pay the amount of the debt into the +Confederate treasury and receive a certificate relieving them from their +debts, transferring it to the Confederate treasury. A Confederate law of +November 17, 1862, provided that when payment of the interest on a debt +was proffered in Confederate treasury notes and refused, it should be +unlawful for the plaintiff to secure more than 1/4 of 1 per cent interest. +On August 30, 1861, Congress, in retaliation for the confiscation and +destruction of the property of Confederate citizens, passed the +Sequestration Act, which held all property of alien enemies (except +citizens of the border states) as indemnity for such destruction and +devastation.[458] Under the Sequestration Act receivers were appointed in +each county to take possession of all property belonging to alien enemies. +They were empowered to interrogate all lawyers, bank officials, officials +of corporations engaged in foreign trade, and all persons and agents +engaged for persons engaged in foreign trade, for the purpose of +discovering such property. The proceeds were to be held for the indemnity +of loyal citizens suffering under the confiscation laws of the United +States.[459] Later the property thus seized was sold and the money paid +into the Confederate treasury.[460] In the last days of the war (February +15, 1865), the Sequestration Act was extended to include the property of +disloyal citizens who had gone within the Federal lines to escape military +service, or who had entered the Union service to fight against the +Confederacy.[461] + +In December, 1861, a law was passed by the legislature which provided +that no suit by or for an alien enemy for debt or money should be +prosecuted in any court in Alabama. No execution was to be issued to an +alien enemy, and suits already brought could be dismissed on the motion of +the defendant.[462] In Alabama much of the time of the Confederate +district courts was taken up by sequestration cases. In fact, they did +little else. However, but little money was ever turned into the +Confederate treasury from this source.[463] + +Just as the state sent nearly all its coin through the blockade to pay the +interest of its London debt, so the Mobile, Montgomery, or Selma merchant +cancelled his indebtedness and sent money, as he was able, during the +early years of the war, to his northern and European creditors. Most debts +due to northerners were concealed from the government. The stringent laws +passed against it were of no avail. As a source of revenue the +sequestration of the property of alien enemies hardly paid expenses. After +all, however, the northern creditor probably lost nearly all his accounts +in the South in the general wreck of property in 1865. + + +Trade, Barter, Prices + +After the outbreak of war, business was soon almost at a standstill. The +government monopolized all means of transportation for military purposes. +There were few good railroads in the state and few good wagon roads. In +one section there would be plenty, while seventy-five or a hundred miles +away there would be great suffering from want. Depreciated currency and +the impressment laws made the producer wary of going to market at all. He +preferred to keep what he had and live upon it, effecting changes in the +old way of barter. Cows, hogs, chickens, mules, farm implements, cotton, +corn, peas--all were exchanged and reëxchanged for one another. The farmer +tended more and more to become independent of the merchant and of money. +Consequently the townspeople suffered. Confederate money, at first +received at par, soon began to depreciate, though the most patriotic +people considered it their duty to accept it at its par value.[464] + +[Illustration: ALABAMA MONEY.] + +[Illustration: CONFEDERATE POSTAGE STAMPS.] + +[Illustration: PRIVATE MONEY. Printed in large sheets on one side only and +never used. The other side is a state bill similar to the one above. Paper +was scarce, and the state money was printed so that when cut apart the +private money was destroyed.] + +At the end of 1861, Confederate money was worth as much[465] as Federal, +but it had depreciated. Often private credit was better than public, and +individuals in need of a more stable circulating medium issued notes or +promises to pay which in the immediate neighborhood passed current at +their face value. Great quantities of this "card money" or shinplasters +were issued, and in some communities it almost supplanted the legal money +as a more reliable medium of exchange. The Alabama legislature passed +severe laws against the practice of issuing "card money," but with little +effect. + +The effect of depreciation of paper money was the same as a tax so far as +the people were concerned. Forced into circulation, it supported the +government, but it gradually depreciated and each holder lost a little. +Finally, when almost worthless, it was practically repudiated by the state +and by the Confederacy, and funding laws were passed, providing for the +redemption of old notes at a low rate in new issues. Depreciation of the +currency caused extravagance and other more evil results. A person who +handled much money felt that he must at once get rid of all that came into +his possession in order to avoid loss by depreciation. Consequently there +was speculation, reckless spending, and extravagance. Money would be spent +for anything offered for sale. If useful things were not to be had, then +luxuries would be bought, such as silks, fancy articles, liquors, etc., +from blockade-runners. This was especially the case in Selma, Mobile, and +Montgomery, and in northern Alabama. Persons formerly of good character +frequently drifted into extravagant and dissipated habits, because they +tried to spend their money and there were not enough legitimate ways in +which to do so. + +Depreciation, speculation, and scarcity caused prices to rise, especially +the prices of the necessaries of life. These varied in the different +sections of the state. In Mobile, in 1862, prices were as follows:-- + + Shoes, per pair $25.00 + Boots, per pair 40.00 + Overcoats, each 25.00 + Hats, each 15.00 + Flour, per barrel $40.00 to 60.00 + Corn, per bushel 3.25 + Butter, per pound 1.75 + Bacon, per pound 10.00 + Soap, per pound (cheap) 1.00 + Candles, per pound 2.50 + Sugar, per pound $0.50 to .75 + Coffee, per pound 1.75 to 3.25 + Tea, per pound 10.00 to 20.00 + Cotton and wool cards, per pair 2.00 + Board per week at the Battle House, + in 1862 $3.50; in 1863, 8.00[466] + +In May, 1862, at Huntsville, then in the hands of the Federals, some +prices were, in Federal currency:-- + + Green tea (poor quality), per pound $4.00 + Common rough trousers, per pair 13.00 + Boots, per pair 25.00 + Shoes, per pair $5.00 to 12.00[467] + +In 1863, in south Alabama, in Confederate currency:-- + + Meat, per pound $4.00 + Lard, per pound 6.00 + Salt, per sack at the works $80.00 to 95.00 + Wheat, per bushel 10.00 + Corn, per bushel 3.00 + A cow (worth $15 in 1860) 127.00[468] + +In March, 1864, prices in Selma were as follows:-- + + Salt, per bushel $30.00 + Calico, per yard 10.00 + Women's common shoes, per pair 60.00 + Men's rough boots, per pair 125.00 + Cotton cards (worth $1.75 in Connecticut) 85.00[469] + +In August, 1864, the prices in Mobile were:-- + + Flour, per barrel $250.00 to $300.00 + Bacon, per pound 3.00 to 5.00 + Cotton thread, per spool 6.00 to 12.00 + Calico, per yard 12.50 to 15.00 + Common shoes, per pair 150.00 to 175.00 + Boots, per pair 250.00 to 300.00 + Nails, per pound 4.00 + Cotton shirts (each worth 50 to 60 c. + in Massachusetts) 50.00 to 60.00[470] + +In November, 1864, Colonel Dabney paid the following prices in +Montgomery:-- + + Bacon, per pound $3.50 + Beef, per pound $2.00 to 2.50 + Potatoes, per bushel 6.00 + Wood, per cord 50.00 + Board, per day 30.00[471] + +In Russell County and east Alabama the following prices were paid in +1863-1864:-- + + A calico dress (9 yards) $108.00 + A plain straw hat 100.00 + Half a quire of note paper 40.00 + Morocco shoes 375.00 + Coffee, per pound $30.00 to 70.00 + Corn, per bushel 12.00 to 13.00 + Wax candles, each .10 + Wages, per day 30.00 + Soldier's pay, per month (which he + seldom received) 11.00[472] + +In southwest Alabama, in December, 1864, prices were:-- + + A mule (worth before the war $75.00 + to $120.00) $800.00 to $1200.00 + A horse (worth before the war $120.00 + to $250.00) 1200.00 to 2500.00 + A wagon and team cost 2940.00 + Beef cattle, each 930.00[473] + +At the close of 1864, in Mobile, Alabama, $1 in gold was worth $25 in +state currency, and prices were as follows:-- + + Wheat, per bushel $30.00 to $40.00 + Corn, per bushel 10.00 + Coffee, per pound 20.00 + Fresh beef, per pound 150.00 + Bacon, per pound 4.00 + Domestics, per yard 5.00 + Calico, per yard 15.00 + A horse $1500.00 to 2000.00 + Salt, per sack 150.00 to 200.00 + Quinine, per ounce 150.00[474] + +The War Department published, on September 26, 1864, the following +prices[475] as agreed upon by the commissioners of February 17, 1864, for +the states east of the Mississippi:-- + + Bacon, per pound $2.50 + Fresh beef, per pound .70 + Flour, per barrel 40.00 + Meal, per bushel 4.00 + Rice, per pound .30 + Peas, per bushel 6.50 + Sugar, per pound 3.00 + Coffee, per pound 6.00 + Candles, per pound 3.75 + Soap, per pound 1.00 + Vinegar, per gallon 2.50 + Molasses, per gallon 10.00 + Salt, per pound .30 + +The commissioners' prices were always lower than the prevailing market +price. + +A little property or labor would pay a large debt. Merchants did not want +to be paid in money, and were sorry to see a debtor come in with great +rolls of almost worthless currency. Barter was increasingly resorted to. +There were so many different series and issues of money and so many +regulations concerning it that no one could know them all, and this +operated to discredit the currency. Besides, it was known that much of it +was counterfeited at the North and quantities sent South. Prices advanced +rapidly in 1865; state money was worth more than Confederate money, though +it was much depreciated. Board was worth $600 a month; meals, $10 to $25 +each; a boiled egg, $2; a cup of imitation coffee, $5. After the news of +Lee's surrender, few would accept the paper money, though for two or +three months longer, in remote districts, state money remained in +circulation. + +When Wilson's army was marching into Montgomery, a young man asked an old +negro woman who stood gazing at the soldiers if she could give him a piece +of paper to light his pipe. She fumbled in her pocket and handed him a +one-dollar state bill. "Why, auntie, that is money!" remarked the young +man. "Haw, haw!" the old crone chuckled, "light it, massa; don't you see +de state done gone up?"[476] + + +SEC. 3. BLOCKADE-RUNNING AND TRADE THROUGH THE LINES + +Blockade-running + +For several months after the secession of the state, its one important +seaport--Mobile--was open, and export and import trade went on as usual. +The proclamation of Lincoln, April 19, 1861, practically declared a +blockade of the ports of the southern states. A vessel attempting to enter +or to leave was to be warned, and if a second attempt was made, the vessel +was to be seized as a prize.[477] By proclamations of April 27 and August +16, 1861, the blockade was extended and made more stringent. All vessels +and cargoes belonging to citizens of the southern states found at sea or +in a port of the United States were to be confiscated.[478] As the summer +advanced, the blockade was made more and more effective, until finally, at +the end of 1861, the port of Mobile was closed to all but the professional +blockade-runners.[479] The fact that the legislature in the fall of 1861 +was fostering various new industries and purchasing certain articles of +common use shows that the effects of the blockade were beginning to be +felt.[480] + +At first the general confidence in the power of King Cotton made most +southern people desire to let the blockade assist the work of war, and, by +creating a scarcity of cotton abroad, cause foreign governments to +recognize the Confederate government and raise the blockade.[481] The +pinch of want soon made many forget their faith in the power of cotton; +there was a general desire to get supplies through the blockade and to +send cotton in exchange. The state administration was distinctly in favor +of blockade-running and foreign trade.[482] In 1861 the legislature +incorporated two "Direct Trading Companies," giving them permission to own +and sail ships between the ports of the state and the ports of foreign +countries for the purpose of carrying on trade.[483] The general +regulation of foreign commerce, however, fell to the Confederate +government, which was distinctly opposed to all blockade-running not under +its immediate control and supervision. The state authorities complained +that the course of the Confederate administration was harsh and +unnecessary. The state was willing to prohibit blockade-running on private +account, but insisted that its public vessels be allowed to import +supplies needed by the state. The complaint about restrictions on trade +was general throughout the southern states and, in October, 1864, the +southern governors, in a meeting in Augusta, Georgia, Governor Watts of +Alabama taking a leading part, declared that each state had the right to +export its productions and import such supplies as might be necessary for +state use or for the use of the state troops in the army, state vessels +being used for this purpose. The governors united in a request to Congress +to remove the restrictions on such trade.[484] But the Confederate +administration to the last retained control of foreign trade. Agents were +sent abroad by the Treasury and War Departments[485] who were instructed +to send on vessels attempting to run the blockade, first, arms and +ammunition; second, clothing, boots, shoes, and hats; third, drugs and +chemicals that were most needed, such as quinine, chloroform, ether, +opium, morphine, and rhubarb. These agents were instructed to see that all +vessels leaving for southern ports were laden with the articles named. +Such part of the cargoes as was not taken by the government was sold at +auction to the highest bidder. These blockade auction sales were attended +by merchants from the inland towns, whose shelves were almost bare of +goods during three years of the war.[486] For two years military and naval +supplies were the most important articles brought into the southern ports. +The Alabama troops were in great need of all kinds of war equipment, and +the state administration made every effort to obtain military supplies +from abroad. Shipments of arms from Europe were made to the West Indies, +generally to Cuba, and thence smuggled into Mobile and other Gulf ports. +The shipments were always long delayed while waiting for a favorable +opportunity to attempt a run. A large proportion of the blockade-runners +making for Mobile were captured by the United States vessels.[487] Dark +nights, and rainy, stormy weather furnished the opportunity to the runners +to slip into or out of a port. Once at sea, nothing could catch them, +since they were built for fast sailing rather than for capacity to carry +freight.[488] + +Most of the arms secured by Alabama came by way of Cuba, as did nearly all +the supplies that entered the port of Mobile or were smuggled in on boats +along the coast. Havanna was 590 miles from Mobile, and between these +ports most of the blockade trade of the Gulf Coast was carried on. One +shipment, welcomed by the state authorities, was a lot of condemned +Spanish flint-lock muskets, which were remodelled and repaired and placed +in the hands of the state troops. Machinery for the naval foundry and +arsenal at Selma and for the navy-yard on the Tombigbee was brought +through the blockade from England _via_ the West Indies. The Confederate +government, besides taking its own half of each cargo, had the first +choice of all other goods brought through the blockade and usually chose +shoes, clothing, and medicine. The state could only make contracts for the +importation of supplies; it could not import them on its own vessels. The +Confederate government paid high prices for goods, but, on the whole, paid +much less than did the private individual for the remainder of the cargo +when sold at auction. The merchants made large profits on the few articles +of merchandise secured by them. Speculators bought up lots of merchandise +at Mobile and carried them far inland, to the small towns and villages of +the Black Belt and farther north, and secured fabulous prices in +Confederate money for ordinary calico, shoes, women's apparel, etc. The +central part of the state was more completely shut from the outside world +than any other section of the South. The Federal lines touched the +northern part of the state, but the traffic carried on through the lines +seldom reached the central counties. Consequently, the arrival of a +merchant in the Black Belt village with a small lot of blockade calicoes, +shoes, hats, scented soap, etc., was a great event, and people came from +far and near to gaze upon the fine things exhibited in the usually empty +show windows. Few had sufficient Confederate money to buy the commonest +articles, but some one could always be found to purchase the latest +useless trifle that came from abroad.[489] + +In exchange for goods thus imported, the blockade-runners carried out +cargoes of cotton. As has been stated, the Confederate administration was +in charge of cotton exportation. The Confederate Treasury Department +purchased in Alabama 134,252 bales of cotton for $13,633,621.90--that is, +$101.55 a bale. This cotton was to be sold abroad for the benefit of the +Confederate government. Nearly all the cotton purchased by the government +was in the great producing states of Alabama, Mississippi, and Louisiana. +Alabama furnished more than any other state. In 1864 3226 bales of cotton +were shipped from Mobile by the Treasury Department, and the proceeds +applied to the support of the Erlanger Loan. To avoid competition between +the departments of the government, it was agreed, June 1, 1864, that all +stores for shipment should be turned over to the Treasury, transported to +the vessels by the War Department, and consigned to Treasury agents in the +West Indies or in Europe. It was to be sold finally by the Treasury agent +at Liverpool and the proceeds placed to the credit of the Treasury. The +export business was under the direction of the Produce Loan Office, which +had charge of all government cotton and tobacco. Contracts were usually +made with companies, to whom the government turned over the cotton for +shipment. In November, 1864, there were 115,450 bales of government cotton +in Alabama, 18,802 bales having been sold. It is hardly possible that it +was all exported; some of it was sold through the lines.[490] It was found +very difficult to secure bagging and ties sufficient to bale the cotton +for shipping. + +The state lost much as well as gained by trade through the blockade. The +risks were great and the exporters had to have a large share of the +profit; but arms, medicine, and blankets were valuable and very necessary. +In spite of regulations, the blockade-runners brought in more luxuries +than necessaries, causing much extravagance, and there were people who +objected to the practice altogether. In March, 1863, the Mobile Committee +of Safety reported that there were several vessels then in the harbor +fitting out to carry cotton to Cuba. They were of the opinion that the +government ought not to allow them to depart, since the country could not +afford to lose the vessels with their machinery, which could not be +replaced. Governor Shorter agreed with them, and a protest was made to the +Richmond authorities; but the vessels went out.[491] Judge Dargan, whom +many things troubled, wrote to the Richmond authorities that the +blockade-runners were ruining the country by supplying the enemy with +cotton and bringing in return useless gewgaws.[492] + +From March 1, 1864, to the end of the war, the Confederate government +succeeded better in regulating the imports by blockade-runners. But after +August, when Farragut captured the forts defending the harbor entrance, +the port of Mobile received little from the outside world. Before the +stringent regulations of the Confederacy went into force, blockade-running +was demoralizing. The importers refused to accept paper money for their +goods, and thus discredited currency while draining specie from the +country. High prices and extortion followed. Cotton, instead of being +exchanged for British gold, brought in trinkets, silks, satins, laces, +broadcloths, brandy, rum, whiskey, fancy slippers, and ladies' goods +generally. Curiously enough, there was great demand for these, in spite of +the wants of the necessaries of life, medicine, and munitions of war. +Delicate women, old persons, and children suffered most from the effects +of the blockade. As Spears says, there were many tiny graves made in the +South because the blockade kept out necessary medicines.[493] + +The blockade reduced the Confederacy; the Union navy rather than the Union +army was the prime factor in crushing the South; it made possible the +victories of the army. As it was, the blockade-runners probably postponed +the end for a year or more.[494] Though the number of blockade-runners +increased in the latter part of 1864 and in 1865, Alabama profited but +little; her one good seaport was closed in August, 1864, by Farragut's +fleet, and with the fleet came the last regular blockade-runner. As the +warships were moving up to engage the forts, a blockade-runner passed in +with them unnoticed.[495] Small boats still brought in supplies. + + +Trade through the Lines + +The early policy of the Confederate administration was to bring the North +to terms by shutting off the cotton supply and by ceasing to purchase +supplies which had heretofore been a source of great profit to northern +merchants, and was, on the whole, consistently adhered to during the war. +The state administration held the same theory until one-fourth of its +people were destitute; then it was ready to relax restrictions on +trade.[496] Individuals who had plenty of cotton and little to eat and +wear soon came to the conclusion that traffic with the North would do no +harm, but much good. The United States wanted the products of the South, +and made stronger efforts to get them than the blockaded South made to get +supplies by the exchange. Until the very last, the North was more active +in commercial intercourse than the South, notwithstanding the fearful want +all over the southern country. The policy of the North was to have all +trade in southern products pass through the hands of its own Treasury +agents, who were to strip such products of all extraordinary profits for +the benefit of the United States Treasury, and to see that the Confederacy +profited as little as possible.[497] The Confederate States government, +when forced to allow some kind of trade through the lines, sought to sell +only government cotton or to force traders to traffic under its license. +The state administration, at times, worked in its agents under Confederate +license in order to get supplies for the destitute in the counties near +the lines of the enemy. Few regulations of commercial intercourse were +made by the Confederate States, but many were made by the United States. +The Confederate States had the problem almost under control; the United +States did not, and had to try to regulate what it could not prohibit. + +Trade along the Tennessee and Mississippi frontier was subject to the +following regulations on the side of the United States: Trade was carried +on under the control of the Treasury Department; all trade had to be +licensed; there were numerous officials to regulate the trade and the army +was directed to assist traders; no coin, no foreign money, and no supplies +were to be allowed to get to the Confederates; the trader must not go +within Confederate territory; until 1864 the southern seller, whither +Confederate or Union, when he went beyond the lines could get only 25 per +cent of the New York value of his produce; from 1864 to 1865 he could get +75 per cent of the value if the cotton were not produced by slave labor; +in all cases the seller had to take the oath of allegiance to the United +States. These regulations were gradually repealed during the latter part +of 1865 and early in 1866.[498] + +The legislation of the Confederate States was not so full, but the policy +was about the same and more consistently enforced. In 1862 the Confederate +Congress made it unlawful to sell in any part of the Confederate States in +the possession of the enemy any cotton, tobacco, rice, sugar, molasses, or +naval stores.[499] Licenses, however, for the sale of certain merchandise +could be obtained from the Secretary of War. Trade through the lines was +not under the supervision of Treasury officials but was looked after by +the generals commanding the frontier. In 1864 a law of Congress prohibited +the export of military and naval stores, and agricultural production, +such as cotton and tobacco, except under regulations prescribed by the +President.[500] + +But the restrictions were not strictly enforced. It was not possible to do +so; commerce would find a way in spite of the war. The people of Alabama +were, on the whole, disposed to approve the policy of the Confederate +authorities, but, when want and destitution came, the owners of cotton +proceeded to find a way to sell a few bales. Early in 1863 north Alabama +was occupied by the Federals, and trade began along the line of the +Tennessee River. Later, there were trade lines to the northwest through +Mississippi, and to the northeast through Georgia and Tennessee.[501] +After the capture of New Orleans, cotton was sent through Mississippi to +New Orleans, or to the banks of the Mississippi River, and always found +purchasers. There was a thriving trade between Mobile and New Orleans +during the Butler régime in the latter city. + +By the trade through the lines, the people of Alabama secured more of the +scarcer commodities than by the blockade-running. Much of the trade was +carried on by firms in Mobile that had agents or branch houses in New +Orleans. Three pounds of cotton were exchanged for one of bacon; army +supplies, clothing, blankets, and medical stores were secured in exchange +for cotton; salt was also a commodity much in demand. For three years, +from 1862 to 1864, trade was quite brisk between the two cities, some of +it under license by the Confederate Secretary of War, and some of it +purely contraband. As long as Butler controlled New Orleans there was no +trouble.[502] When General Canby went to New Orleans, he reported that +English houses in Mobile were making contracts to export 200,000 bales of +cotton _via_ New Orleans, and expected to realize $10,000,000 net profits. +Canby was of the opinion that the cotton trade aided the Confederates. The +character of the Treasury agents in charge of the cotton trade was bad; +they were likely to do anything for gain. He stated on the authority of a +New Orleans banker, who was the agent of a cotton speculator, that +Confederate agents would come to New Orleans with United States legal +tender notes and invest in sterling with him, drawing against cotton which +was ostensibly purchased from "loyal" or foreign citizens.[503] The +speculators would give information to the Confederates with regard to the +movements of the Federals, in order that the Confederates might preserve +cotton that would in an emergency be destroyed. The speculators would buy +the cotton later. + +In 1864 a New York manufacturer testified that he had made contracts with +firms in Selma, Montgomery, and Mobile to take pay for debts due him in +cotton delivered through the lines at New Orleans. The price was $1.24 to +$1.30 a pound in New York. Treasury agents made similar contracts for +Alabama cotton to be delivered through New Orleans, Pensacola, or through +the lines in Mississippi, Tennessee, and Georgia. One agent, H. A. Risley, +made contracts with half a dozen persons for more than 350,000 bales of +cotton, the bulk of which was to come from Alabama. Most of this, it is +needless to say, was not delivered.[504] + +The Confederate officials tried to manage that only government cotton went +out under the licenses from the War Department and that only necessary +supplies were imported in exchange. But there was much abuse of the +privilege and much private smuggling of cotton in 1864, through the +Mississippi to New Orleans and the river; and on September 22, 1864, +General Dick Taylor (at Selma) annulled all cotton export contracts in the +Department of Alabama, Mississippi, and East Louisiana. However, he said, +the Confederate authorities would purchase necessaries imported and would +pay for them in cotton at 50 cents a pound. This cotton could then be +carried beyond the lines. No luxuries were to be imported, under penalty +of confiscation.[505] + +Surgeon Potts, of the Confederate army, stationed at Montgomery, secured +medical supplies from the Federal lines in Louisiana and Mississippi, both +by water and by land, sending cotton in exchange. One of the last reports +made to President Davis was by Lieutenant-Colonel Brand, of Miles's +Louisiana Legion, who stated (April 9, 1865, at Danville, Virginia) that +on March 21, 1865, a Mr. McKnight of the Alabama Reserves had presented a +permit to General Hodges in Louisiana for indorsement and orders for a +grant to escort 1,666,666-2/3 pounds of cotton (about 4000 bales) through +southwestern Mississippi and eastern Louisiana to exchange for medical +supplies for Surgeon Potts. Brand was of the opinion that this was merely +a scheme to sell cotton and not to get medicines, as he had known of only +one wagon-load of medical supplies that had gone through his territory to +Dr. Potts. McKnight had no government cotton to carry, for there was none +in that section of the country, but he expected to buy it as a +speculation. This practice, Brand stated, was common. Even government +cotton would be sold for coffee, soap, flour, etc., under the name of +medical supplies, and these would be sold by the speculators.[506] + +In north Alabama a brisk trade was carried on for three years with the +connivance of the Federal officers, many of whom were interested in the +fleecy staple in spite of orders forbidding such conduct.[507] Negroes +were given "free papers" in order that they might go in and out of the +lines of the armies on contraband trade. The Confederate officials on the +border were also often implicated in the traffic or connived at it through +a desire to see poor people get supplies.[508] + +One of the mildest charges against the Federal General O. M. Mitchel was +that he had profited by speculation in the contraband trade in cotton +while he was in command in north Alabama. It was alleged that he used +United States transportation to haul cotton when the transportation was +needed for other purposes. Mitchel claimed that personally he had received +no profit from his trade; it appeared, however, that he had used his +official position to advance the interests of his brother-in-law and his +son-in-law. The discussion over his case brought out the fact that the +northern cotton speculator or agent would go into the Confederate lines +and buy cotton at ten and eleven cents a pound, Confederate currency, and +take the cotton North and realize immense profits.[509] Mitchel and other +Federal officers, it was shown, approved and assisted the trade beyond the +lines.[510] + +Individual permits were sometimes given by President Lincoln, authorizing +the bearers to go within the Confederacy, without restriction, and get +cotton and other southern produce. Sometimes, after bringing it out, these +people lost their cotton to United States Treasury agents, because the +permission given by the President was not in accordance with the Treasury +regulations. In north Alabama several agents got into trouble in this way. +Lincoln, it seems, understood that the laws gave him authority to issue +permits to trade within the Confederate lines.[511] + +In 1864, when cotton was selling at forty to fifty cents a pound in coin, +numbers of Federal officers resigned in order to speculate in cotton. A +former beef contractor who had grown rich in the cotton trade was said to +have controlled almost the whole of Huntsville. Both hotels, the +waterworks, and the gas works belonged to him, and there was complaint of +his extortions.[512] + +Small packages, especially of quinine, were sent South through the Adams +Express Company, which would guarantee to deliver them within the +Confederacy.[513] This caused speculation, and it was finally stopped. +Women passed through the lines and brought back quinine and other +medicines concealed in their clothing. A druggist in middle Alabama +determined to carry on a contraband trade in cotton and drugs. The South +had prohibited private trade in cotton; the North forbade the sale of +medical supplies to the Confederates. But following the example of many +others, he went into north Mississippi, loaded a wagon with cotton, and +carried it to Memphis, then held by the Federals, and sold it for a high +price in United States money. He then exchanged his wagon for an ambulance +with a white canvas cover, on which was painted the word "SMALLPOX" in +large letters, and over which fluttered a yellow flag. He loaded the +ambulance with quinine, ether, morphine, and other valuable drugs, and +other articles of merchandise scarce in Alabama. The yellow flag and the +magic word "SMALLPOX" kept people away, and, after many adventures, he +finally reached home.[514] Only by such methods could the beleaguered +people obtain the precious medicines. + +One of the last contracts on record in respect to trade through the lines +was a deal made on January 6, 1865, by Samuel Noble and George W. +Quintard, his agent, both of Alabama, to deliver several thousand bales of +cotton to an agent of the United States Treasury.[515] There is evidence +that some of the cotton was delivered. + +The illicit trade in cotton by private parties became so flagrant that in +the winter of 1864-1865, a fresh Confederate regiment, which had not yet +been touched by the fever of speculation, was sent from the interior of +Georgia to guard part of the frontier in Alabama and Mississippi. One of +the first persons captured smuggling a cotton train through the lines was +the wife of the Confederate commanding general, who, of course, released +her.[516] Much of the trade was carried on by poor people who had a few +bales of cotton and who were obliged to sell it or suffer from want. This +fact caused the Confederate officers to be lax in the enforcement of the +regulations.[517] + +The extraordinary prices of cotton in the outside world brought little +gain to the blockaded Confederacy. Before the cotton could be brought into +the Union lines or beyond the blockade, all the profits had been absorbed +by the Confederate speculator, or, most often, by the Union speculators +and Treasury agents. Theoretically, the regulations of the United States +should have brought much profit to the Federal government. In fact, as +Secretary Chase reported, the United States did not realize a great deal +from Confederate staples brought into the Union lines. These frauds and +the demoralizing effects of the system were evidenced by many reports from +officers from the army and navy.[518] + +But in spite of the demoralizing effects of the contraband trade within +the Confederacy and in spite of the extremely low prices obtained for +Confederate staples, much-needed supplies were sent in in such quantities +as to enable the contest to be maintained much longer than otherwise it +would have lasted. Owing to its interior location, it is probable that +Alabama profited less by this trade than the other states. + + +SEC. 4. SCARCITY AND DESTITUTION + +When the men went away to the army, many poor families began to suffer for +the necessaries of life. The suffering was greater in the white counties, +where slaves were relatively few, many families feeling the touch of want +as soon as the breadwinners left. The Black Belt had plenty, such as it +was, until the end of the war. + +The first legislature, after the secession of the state, levied a special +tax of 25 per cent of the regular tax for the next year to provide for the +destitute families of absent volunteers.[519] A month later a law was +passed permitting counties to assume the tax and to pay the amount into +the state treasury, and thus secure exemption from the state tax.[520] The +county commissioners were directed to appropriate money from the county +treasury for the support of the indigent families of soldiers.[521] This +was to secure immediate relief, which was imperatively necessary, since +the special tax for their benefit would not be collected until the next +year. + +Early in 1862 portions of north Alabama were so devastated by the Federals +that many people, to escape starvation, had to "refugee" to other parts of +the country, usually to middle Alabama, there to be supported by the +state. At this time all crops were short, owing to a drought, and the +poorer people suffered greatly.[522] Speculators had advanced the prices +on food, and wage-earners were unable to buy. Impressment by the +government made farmers afraid to bring produce to town.[523] + +The county commissioners were authorized in 1862 to levy for the next year +a tax equal to the regular state tax and to use it for the benefit of the +destitute.[524] The state also made an appropriation of $2,000,000 for the +same purpose. This appropriation was to be distributed by the county +commissioners in the form of supplies or money. The families of +substitutes were not made beneficiaries of this fund.[525] The sum of +$60,000 was appropriated for cotton and wool spinning cards, which were to +be purchased abroad and distributed among the counties in proportion to +the white population. They were sold at cost to those able to buy,[526] +and several distributions were made to the needy families of +soldiers.[527] Salt was the scarcest of all the necessaries of life. The +state took entire charge of the whole supply that was for sale and sold it +at a moderate price, sometimes at cost, and to those in great need it was +furnished free.[528] The county commissioners were authorized to hire and +rehire slaves and take in return provisions, which were distributed among +the poor families of soldiers.[529] The commissioners of Sumter and Walker +counties were permitted to borrow $10,000 in each county for the poor, and +to levy a tax of 50 per cent of the state tax with which to repay the +borrowed money.[530] + +Judge Dargan, member of Congress, wrote to President Davis in the winter +of 1862 that many people of Mobile were destitute.[531] Mobile was farther +away from country supplies, and the people suffered greatly. In the spring +of 1863 there was suffering in the southern white counties. A party of +women, the wives and daughters of soldiers, raided a provision shop in +Mobile, when there were instances of dire distress in the families of +soldiers.[532] The richer citizens of the city gave $130,000 to support a +free market, where for a while 4000 needy persons were furnished daily. +Another contribution of $70,000 was raised to clothe a thousand destitute +families.[533] + +In 1863 the non-combatants of north Alabama suffered more than in the +previous year. Houses had been burned, grain and provisions destroyed, and +many were homeless and destitute. Numbers were driven from the country by +the persecutions of the Federals and tories. The Confederate war tax and +the state tax were suspended in districts invaded by the enemy,[534] and +in August, 1863, the legislature appropriated $1,000,000 for the support +of the destitute families of soldiers during the next three months. +Twenty-five pounds of salt were also given to each member of a soldier's +family as a year's supply.[535] Probate judges impressed provisions and +paid for them out of this million-dollar fund. In November, 1863, an +appropriation of $3,000,000 was made for the support of soldiers' families +during the coming year. In counties held by the enemy where there were no +commissioners' courts, the probate judges paid to soldiers' families their +share of the appropriation. The county commissioners were authorized to +impress provisions for the poor if they were unable to buy them.[536] +Washington County was permitted to borrow $10,000 for the relief of +soldiers' families.[537] The policy of giving a county permission to raise +money for its own poor was much opposed on the ground that the counties +which had furnished most soldiers and where the destitution was greatest +were the least able to pay. The legislature declared then that the poor +soldiers' families should be the charge of the state.[538] The sum of +$500,000 was appropriated for the destitute of north Alabama, who had lost +everything from the seizure and destruction by the enemy. Disloyal persons +and their families were not entitled to aid.[539] Macon County was +authorized to levy a tax-in-kind for the poor, and Pike County a +tax-in-kind and a property and income tax, practically a duplicate of the +Confederate tax.[540] + +The legislature of 1864 appropriated $5,000,000 for soldiers' +families,[541] and made a special appropriation of $180,000 for the poor +in the counties of Cherokee, De Kalb, Morgan, St. Clair, Marshall, and +Blount, which were overrun by the enemy.[542] The probate judge of +Cherokee County was authorized to act for De Kalb because the probate +judge of that county had been carried off by the Federals.[543] In +Lawrence County the Federals raided the probate judge's office, and took +$3000 belonging to the destitute, and the agent was robbed of $3887.50 +while trying to carry it to Moulton. Both losses were made good by the +state.[544] + +Statutes were repeatedly passed, prohibiting the distilling of grain for +the purpose of making alcoholic liquors. The state placed this industry +under the supervision of the governor, and alcohol and whiskey were +distributed among the counties where most needed, to be sold at a moderate +price for medicinal purposes, and the profit given to the poor, or to be +given away upon physicians' prescriptions. Later the prohibition was +extended to include potatoes, peas, and even molasses and sugar. This +prohibition was not a temperance measure, but was designed to preserve as +foodstuffs the grain, molasses, peas, and potatoes.[545] + +The county commissioners usually had charge of the destitute, and looked +after the collection of the special taxes which were levied for the +benefit of the poor. They also distributed the supplies, purchased or +collected by the tax-in-kind, among the needy people after investigating +the merits of each case. In those portions of the state overrun by the +enemy or liable to repeated invasion, the probate judge of the county was +authorized to take charge of all matters relating to the relief of the +destitute. Many thousand dollars' worth of supplies were furnished the +northern counties when they were within the Federal lines or between the +hostile lines. Many of the supplies sent there fell into the hands of +tories or Federals, and many undeserving persons obtained assistance. +Confederate sympathizers within the Federal lines had a struggle to live, +and numbers, completely ruined by the ravages of the Federals and tories, +had to flee to the central and southern counties. + +The quartermaster-general of the state had charge of the state +distribution among the counties, and among the Confederate soldiers. There +was an agent of the state whose business it was to look after claims for +pay and bounty due the families of deceased soldiers. It is safe to say +that little was ever collected on this account.[546] The Confederate +soldiers, as plentiful as paper money was, were rarely paid. Much of their +supplies came from home. The Confederate government could not supply them +even with blankets and shoes. This the state undertook to do and with some +degree of success. And at one time, however (1862), after impressing all +the leather and shoes in the state, only one thousand pairs could be +secured.[547] Agents were sent with the armies going north into Kentucky +and Maryland to buy supplies of blankets, shoes, woollen clothing, and +salt, for the state. Blankets could not be obtained except by capture, +running the blockade, or purchase through the lines, as there was not a +blanket factory in the Confederacy in 1862. In the following year the +carpets in the state capitol were torn up and sent to the Alabama soldiers +to be used as blankets.[548] In 1863 the legislature asked Congress to +exempt from payment of the tax-in-kind the people of that part of north +Alabama which was subject to the invasions of the enemy. This was done. +Congress was also asked to exempt from the payment of this tax those +families of soldiers whose support was derived from white labor.[549] As a +result of economic conditions the taxation fell upon the slave owners of +central and south Alabama. But the suffering was much greater among the +people whose supplies came from white labor. These were the people +assisted by the state and county appropriations. Yet when they were able +to pay the tax-in-kind, they, at times, almost rebelled against it. + +It has been estimated that from the latter part of 1862 to the close of +the war at least one-fourth of the white population of the state was +supported by the state and counties. This estimate does not include the +soldiers.[550] A letter written in April, 1864, to the governor, from +Talladega County discloses the following facts in regard to that county: +With a white population of 14,634, it had furnished up to April, 1864, 27 +companies of volunteers, not counting those who volunteered in other +regiments or who furnished substitutes or were enrolled in the reserves or +militia. The citizens of the county pledged the soldiers that they would +raise $20,000 annually, if necessary, for the support of the soldiers' +families. In May, 1861, 30 persons received aid from the county; in April, +1864, 3799. In 1863, the county received about $80,000 from the state for +the poor, and 25 pounds of salt for each member of needy families of +soldiers. In addition to this the people of the county raised in that +year, for the poor, $7276 in cash, 2570 bushels of corn, 102 bushels of +wheat, and 16 sacks of salt. The county bought 21,755 bushels of corn at +$3 a bushel, and sold it at 50 cents a bushel to the poor; 920 bushels of +wheat at $10 a bushel and sold it at $2 a bushel; 233 sacks of salt at $80 +per sack, and sold it at $20 per sack. The destitute families were those +of laborers who had joined the army. They lived mostly in the hill +country, where they suffered much from the tories. Many were refugees from +north Alabama.[551] In May, 1864, 1600 soldiers' families in Randolph +County were supported by the state and county. Many thousand bushels of +corn brought from middle Alabama had to be hauled 40 miles from the +railway. Eight thousand people, or one-third of the population, were +destitute. The same condition existed in other white counties.[552] +Colonel Gibson, probate judge of Lawrence County, relates an experience of +his in caring for the destitute. He went in person to Gadsden for 100 +sacks of salt. He found the sacks in a very bad condition, and repaired +the whole lot with his own hands so as to preserve the precious contents. +This judge, with his own money, bought cotton cards for the poor people of +his county as well as salt, which at that time cost $100 a barrel.[553] +The people who had supplies gave to those who had none, and thus +supplemented the work of the state. They felt it a duty to divide to the +last with the deserving families of the poorer soldiers.[554] + +Early in the war, in order to provide against famine, the authorities, +state and Confederate, began to urge the people to plant food crops only. +They were asked to plant no cotton, except for home needs. Corn, wheat, +beans, peas, potatoes, and other farm produce and live stock were +essential.[555] During the winter of 1862-1863 there was much distress +among the poor people in the cities and towns, and the next spring the +senators and representatives of Alabama united in an address to the +people, asking them to stop raising cotton and raise more foodstuffs and +live stock. Governor Shorter begged the people to raise food crops to keep +the soldiers from starving. The planters were asked as a patriotic duty to +raise the largest possible quantities of supplies. The Confederate +Congress also urged the people to raise provision crops instead of +cotton.[556] Though hard to convince that cotton was not king, the people +in 1863 and 1864 turned their attention more to food crops, and had +transportation facilities been good in 1864 and 1865, there need not have +been any suffering in the state, and the armies could have been fed +better.[557] + +Because of the few railways, and the bad roads, often people in one +section of the state would be starving when there was an abundance a +hundred miles away. In the upper counties, when the soldiers' families +failed to make a crop, and when supplies were hard to get, the probate +judges would give the women certificates, and send them down into the +lower country for corn. Women whose husbands were at home hiding to escape +the conscript officer or the squad searching for deserters, young girls, +and old women came in droves into the central counties both by railway and +by boat, for free passage was given them, getting off at every landing and +station. With large sacks, these "corn women," as they were called, +scoured the country for corn and other provisions. Something was always +given them, and these supplies were sent to the station or landing for +them. Money was sometimes given to them, and a crowd of "corn women" on +their way home would have several hundred dollars and quantities of +provisions. These women were usually opposed to the war, and hated the +army and every one in it; the negro they especially disliked. The "corn +women" became a nuisance to the overseers and planters' wives on the +plantations.[558] + +When there was plenty in the country, the towns and the armies were often +in want. Speculators controlled the prices on whatever found its way to +the market. In 1861 Governor Moore issued a proclamation condemning the +extortion of tradesmen, who were buying up the necessaries of life for the +purposes of speculation. Such, he declared, was unpatriotic and +wicked.[559] The legislature made such an action a penal offence, and to +buy up provisions and clothing on the false pretence of being a +Confederate agent was "felony."[560] In 1862 some officers of the +Quartermaster's Department were found guilty of speculation in food +supplies.[561] To prevent extortion the legislature afterwards enacted +that on all goods for sale or speculation, except medicine and drugs, a +profit of 15 per cent only could be made. All over that amount was to be +paid into the state treasury.[562] Millers were not to take more than +one-eighth for toll.[563] + +At times it was unlawful to buy corn or other grain for shipment and sale +in another part of the state or in other states. The military authorities +in charge of the railroads sometimes prohibited the shipment of grain or +supplies away from the regions where the armies were likely to camp or to +march. In December, 1862, it was enacted that no one except the producer +or miller should sell corn without a license from the judge of probate, +which license limited the sale to one county for one year at a profit of +not more than 20 per cent.[564] However, in 1863 the legislature +authorized T. B. Bethea of Montgomery to sell corn bought in Marengo +County in any market in the state.[565] + +Distress was produced in south Alabama by General Pemberton's order +prohibiting shipment by private individuals from Mississippi to Alabama on +the railways.[566] + +In each state and later in each congressional district there were price +commissioners appointed, whose duty it was to fix schedules of prices at +which the articles of common use and necessity were to be sold by the +owners or paid for by the government when impressed. These prices were +fixed for the whole state, were usually for a term of three months, and +were often below the real market value. Consequently this had no effect +except to make the people hide their supplies from the government.[567] +Prices necessarily varied greatly in the different sections of the state, +and what was a reasonable value in central Alabama was unreasonably low in +north Alabama or at Mobile. In 1863 a Confederate quartermaster in north +Alabama insisted that the price commissioners must raise their prices or +he would be unable to buy for the army. He wrote that wool and woollen and +leather goods sold at Mobile in December, 1863, for from three to five +times as much as the scheduled prices of November 1, 1863. Prices in north +Alabama, he added, must be made higher than in south Alabama because there +was barely enough in that section for the people themselves to live +on.[568] + +For months after the end of the war the inhabitants of the hill and +mountain districts of north Alabama and of the pine barrens of south +Alabama were on the verge of starvation, and a number of deaths actually +occurred. The Black Belt fared better, and recovered more quickly from the +devastation of the armies. + + +SEC. 5. THE NEGRO DURING THE WAR + +Military Uses of Negroes + +The large non-combatant negro population was not wholly a source of +military and economic weakness to the state. In many respects it was a +source of strength to the military authorities, who employed negroes in +various capacities, thus relieving whites for military service. They were +employed as teamsters, cooks, nurses, and attendants in the hospitals, +laborers on the fortifications at Mobile, Montgomery, and Selma, around +the ordnance factories at Selma, in the salt works of Clarke County, and +at the nitre works of central and southern Alabama. Half as many whites +could be released for war as there were negroes employed in military +industries. The negroes employed by the authorities were usually chosen +because trustworthy, and they were as devoted Confederates as the whites, +all in all, perhaps, more so. They were efficient and faithful, and rarely +deserted to the enemy or allowed themselves to be captured, though many +opportunities were offered in north Alabama.[569] + +After the secession of the state and before the formation of the +Confederacy numerous offers of the services of negro men were made by +their masters. The legislature passed an act to regulate the use of men so +proffered.[570] Where the negroes were employed in great numbers by the +government they worked under the supervision, not of a government +overseer, but of one appointed by the master who supported the negroes, +and who was paid or promised pay for their work. In the early part of the +war the white soldiers wanted to fight, but not to dig trenches, cook, +drive teams, or play in the band. Congress authorized, in 1862, the +employment of negroes as musicians in the army, and the enlistment of four +cooks, who might be colored, for each company.[571] In the same year the +state legislature authorized the governor to impress negroes to work on +the fortifications.[572] The state government impressed numbers of negroes +as laborers in the various state industries, such as nitre and salt +working, building railroads, and hauling the tax-in-kind. The legislature, +in August, 1863, declared that negroes ought to be placed in all possible +positions in the workshops and as laborers, and the white men thus +released should be sent to the army.[573] + +Most of the impressment of blacks was done by the Confederate government. +The Confederate Impressment Act of March 26, 1863, provided that no farm +slave should be impressed before December 1. On February 17, 1864, free +negroes were made liable to service in the army as laborers and teamsters. +Before the passage of this act free negroes had often been hired as +substitutes, and sent to the army as soldiers in place of those who +preferred the comforts of home.[574] Bishop-General Polk made a general +impressment of negroes in north Alabama to work on the defences in his +department, and many protests were made by the owners. A public meeting +was held in April, 1864, in Talladega County to protest against further +impressment of negroes. This county, in December, 1862, sent 90 negroes to +the fortifications; in January, 1863, 120 more were sent; in February, +1863, 160; in March, 1863, 160; and so on. Talladega was one of the +counties that had to furnish supplies to the destitute mountain counties, +and the loss of labor was severely felt. Randolph and other north Alabama +counties made similar protests. From north Alabama 2500 negroes were taken +at one time to work on the fortifications in the Tennessee valley; this +frequently occurred. Central and south Alabama and southeast Mississippi +furnished many negroes to work on the fortifications at Selma, Montgomery, +and Mobile. After Farragut passed the forts at Mobile, 4500 negroes were +at once set to throwing up earthworks and soon had the city in +safety.[575] The lines of earthworks then made by the negroes still +stretch for miles around the city, through the pine woods, almost as well +defined as when thrown up. + +When the crack regiments of young men from the black counties went to +Virginia, early in 1861, nearly every soldier had with him a negro servant +who faithfully took care of his "young master" and performed the rough +tasks that fell to the soldier--splitting wood, digging ditches about the +camp, hauling, and building. The Third Alabama regiment of infantry, one +of the best, left Alabama a thousand strong in rank and file and several +hundred strong in negro servants. Two years later there were no negro +servants; they had been sent home when their masters were killed, or +because they were needed at home, or they had been sold and "eaten up" by +the youngsters, who now had to do their own work.[576] Only the officers +kept body-servants after the first year or two. These servants were always +faithful, even unto death. The old Confederate soldiers have pleasant +recollections of the devotion of the faithful black who "fought, bled, and +died" with him for four years in dreary camp and on bloody battle-field. +The old soldier-servants who survive tell with pride of the times when +with "young master" and "Mass Bob Lee" they "fowt the Yankees in Virginny" +or at "Ilun 10." Many a bullet was sent into the northern lines by the +slaves secretly using the white soldiers' guns. When capture was imminent, +the negro servant would take watches, papers, and other valuables of the +master, and, making his way through the enemy's lines, return to the old +home with messages and directions from his master, then in prison. In +battle the slave was close at hand to aid his master when wounded or +exhausted. With a pine torch at night he searched among the wounded and +dead for his master. Finding him wounded, he cared for him faithfully, +bore him to hospital or friendly house, or carried him a long journey +home. Finding him dead, the devoted slave performed the last duties and +alone often buried his master, and then went sadly home to break the news. +Sometimes he managed to carry home his master's body, that it might lie +among kindred in the family burying-ground. If he could not do that, he +carried to his mistress his master's sword, horse, trinkets, and often his +last message.[577] + +The negroes were more willing to serve as soldiers than the whites were +for them to serve. The slave owner did not like the idea of having the +negro fight, because it was felt that fundamentally the black was the +cause of strife. Others were sensitive about using slave property to fight +the quarrels of free men. As the years went on opinion was more and more +favorable to negro enlistment, but it was too late before the Confederate +government took up the matter.[578] + +The average white person and the private soldiers generally were opposed +to the enlistment of the negroes. The white soldier thought it was a white +man's duty and privilege to serve as a soldier and that the fight was a +white man's fight. To make a negro a soldier was to grant him military +equality at least. To enlist negroes meant to abolish slavery, sooner or +later: negro soldiers would be emancipated at once; the rest would be +freed gradually. The non-slaveholders were more opposed to such a scheme +than the slaveholders. The negro would have made a good soldier under his +master, but he was worth almost as much to the Confederacy to raise +supplies and perform labor.[579] + +The free negro population, though less than 3000 in number, were devoted +supporters of the Confederacy, and nearly all free black men were engaged +in some way in the Confederate service. Some entered the service as +substitutes, others as cooks, teamsters, and musicians. In Mobile they +asked to be enlisted as soldiers under white officers. The skilful +artisans usually stayed at home at the urgent request of the whites, who +needed their work, but, nevertheless, they contributed. All accounts agree +that they never avoided payment of the tax-in-kind, and other +contributions. One of the best-known of the free negroes was Horace Godwin +(or King)[580] of Russell County. He was a constant and liberal +contributor to the support of the Confederacy. He also furnished clothes +and money to the sons of his former master who were in the army, and +erected a monument over the grave of their father. + + +Negroes on the Farms + +During the war the greater part of the farm labor in the white counties +was done by old men, women, and children, and in the Black Belt by the +negroes. Usually the owner, who was perhaps entitled to exemption under +the "twenty-negro" law, went to war and left his family and plantation to +the care of the blacks. In no known instance was the trust misplaced. +There was no insubordination among the negroes, no threat of violence. The +negroes worked contentedly, though they were soon aware that if the war +went against their masters their freedom would result.[581] Under the +direction of the mistress, advised once in a while by letter from the +master in the army, the black overseer controlled his fellow-slaves, +planted, gathered, and sold the crops, paid the tax-in-kind (under +protest), and cared for the white family.[582] In a day's ride in the +Black Belt no able-bodied white man was to be found.[583] When raiders +came, the negroes saved the family valuables and concealed the farm cattle +in the swamps, and though often mistreated by the plundering soldiers +because they had hidden the property, they were faithful. Women and +children felt safer then, when nearly all the white men were away, than +they have ever felt since among free negroes.[584] The Black Belt could +never again send out one-half as many whites to war, in proportion, as in +1861-1865. + + +Fidelity to Masters + +The negroes had every opportunity to desert to the Federals, except in the +interior of the state, but desertions were infrequent until near the close +of the war. In the Tennessee valley many were captured and carried off to +work in the Federal camps. Numbers of these captives escaped and gladly +returned home. As the Federal armies invaded the neighboring states, +negroes from Georgia, Tennessee, Florida, and Mississippi were sent into +the state to escape capture. In many instances the refugee slaves were in +charge of one of their own number--the overseer or driver. The invading +armies in 1865 found numbers of negro refugees doing their best to keep +out of the way of the Federals. As a rule only the negroes of bad +character or young boys deserted to the enemy or gave information to their +armies. The young negroes who followed the Federal raiders did not meet +with the treatment expected, and were glad enough to get back home. Most +of the negroes disliked and feared the invaders until they came as +intensely as the whites did.[585] + +The devotion and faithfulness of the house-servants and of many of the +field hands where they came in contact with the white people at "the big +house" cannot be questioned.[586] On the part of these there was a desire +to acquit themselves faithfully of the trust imposed in them.[587] It is +one of the beautiful aspects of slavery. Yet this will not account for the +good behavior of the blacks on the large plantations where a white person +was seldom seen. They were as faithful almost as the house-servants. It +was the faithfulness of trained obedience rather than of love or +gratitude, for these were fleeting emotions in the soul of the average +African.[588] On the other hand, the negro did not harbor malice or +hatred. Constitutionally good-natured, the negroes were as faithful to a +harsh and strict master as to one who treated them as men and brothers. +Where one would expect a desire and an effort for revenge, there was +nothing of the sort. Not so much love and fidelity, but training and +discipline, made insurrection impossible among the blacks. Moreover, the +negro lacked the capacity for organization under his own leaders. Had +there been strong leaders and agitators, especially white ones, it is +likely that there would have been insurrection, and a negro rising in +Marengo County would have disbanded the Alabama troops. But the system of +discipline prevented that. + +The good church people maintain that one of the strongest influences to +hold the negro to his duty was his religion. He had often been carefully +instructed by preachers, black and white, and by his white master, and his +religion was a real and living thing to him. Invariably the influence of +the sturdy old black plantation preacher was exerted for good. This +influence was strongly felt on the large plantations, where the negroes +seldom held converse with white men.[589] + +The negroes were frightened, during the last months of the war, at +possible capture by the Federals and forced enlistment or deportation to +freedom and work in camps. They had somewhat the small white child's idea +of a "Yankee" as some kind of a thing with horns. When the end was at hand +and the bonds of the social order were loosening, the negro heard more of +the freedom beyond the blue armies, and some of them hoped for and +welcomed the invaders. When the armies came at last, most of the negroes +helped, as before, to save all that could be saved from the plunderers. At +the worst, the negro celebrated freedom by quitting work and following the +armies. Much stealing was done by them with the encouragement of their +deliverers, but the behavior of the blacks was always better than that of +the invaders. Many rode off the plantation stock in order to be able to +follow the army to freedom and no work. Some burned buildings, etc., +because the army did. Most of the former house-servants remained faithful +to the whites until it was no longer safe for a black man to be the friend +of a native white. + +On the whole the behavior of the slaves during the war, whatever may be +the causes, was most excellent. To the last day of bondage the great +majority were true against all temptations. With their white people they +wept for the Confederate slain, were sad at defeat, and rejoiced in +victory.[590] + + +SEC. 6. SCHOOLS AND COLLEGES; NEWSPAPERS AND PUBLISHING HOUSES + +Schools and Colleges + +During the first year of the war the higher institutions of learning kept +their doors open and the common schools went on as usual. The strongest +educational institution was the University of Alabama, which was supported +by state appropriations. In 1860 a military department was established at +the university under Captain Caleb Huse, U.S.A., who afterwards became a +Confederate purchasing agent in Europe. This step was not taken in +anticipation of future trouble with the United States, but had been +contemplated for years. The student body had been rather turbulent and +hard to control, and for the sake of order they were put under a strict +military discipline similar to the West Point system. Many students +resigned early in 1861 and went into the Confederate service. Others, +proficient in drill, were ordered by the governor to the state camps of +instruction to drill the new regiments. There were no commencement +exercises in 1861; but the trustees met and conferred degrees upon a +graduating class of fifty-two, the most of whom were in the army. + +The fall session of 1861 opened with a slight increase of students, but +they were younger than usual,--from fourteen to seventeen years, and not +as well prepared as before the war. Parents sent young boys to school to +keep them out of the army; many went to get the military training in order +that they might become officers later; the state needed officers and +encouraged military education. The university was required to furnish +drill-masters to the instruction camps without expense to the state. As +soon as the boys were well drilled they usually deserted school and +entered the Confederate service. This custom threatened to break up the +school, and in 1862 all students were required to enlist as cadets for +twelve months, and were not permitted to resign. Yet they still deserted +in squads of two, three, and four, and went to the army. Recruiting +officers would offer them positions as officers, and they would accept and +leave the university. The students refused to study seriously anything +except military science and tactics. Numbers refused to take the +examinations in order that they might be suspended or expelled, and thus +be free to enlist. + +In 1862-1863, 256 students were enrolled,--more than ever before,--but +mostly boys of fourteen and fifteen. The majority of them were badly +prepared in their studies, and it was necessary to establish a preparatory +department for them. In 1863-1864 there were 341 boys enrolled--younger +than ever. At the end of this session the first commencement since 1860 +was held, and degrees were conferred on a few who had enlisted and on one +or two who had not. The enrolment during the session of 1864-1865 was +between 300 and 400--all young boys of twelve to fifteen. The cadets were +called out several times during this session to check Federal raids. +Little studying was done; all were spoiling for a fight. When Croxton +came, one night in 1865, the long roll was beaten, and every cadet +responded. Under the command of the president and the commandant they +marched against Croxton, whose force outnumbered theirs six to one. There +was a sharp fight, in which a number of cadets were wounded, and then the +president withdrew the corps to Marion in Perry County, where it was +disbanded a few days later. It was now the end of the war. Croxton had +imperative orders to burn the university buildings, and they were +destroyed. There was a fine library, and the librarian, a Frenchman, +begged in vain that it might be spared. The officers who fired the +library saved one volume--the Koran--as a souvenir of the occasion.[591] + +The Hospital for the Deaf and Dumb at Talladega and the Insane Asylum were +continued throughout the war by means of state aid, and after the collapse +of the Confederacy were not destroyed by the Federals.[592] La Grange +College, a Methodist institution at Florence, in north Alabama, lost its +endowment during the war, and after the occupation of that section by the +Federals was closed. After the war it was given to the state, and is now +one of the State Normal Colleges. In 1861, Howard College, the Baptist +institution at Marion, sent three professors and more than forty students +to the army. Soon there was only one professor left to look after the +buildings; the rest of the faculty and all of the students had joined the +army. The endowments and equipment of the college were totally destroyed. +Nothing was left except the buildings. + +The Southern University at Greensboro kept its doors open for three years, +but had to close in 1864 for want of students and faculty. Most of its +endowment was lost in Confederate securities. After two years of war the +East Alabama College at Auburn suspended exercises. The buildings were +then used as a Confederate hospital. The endowment was totally lost in +Confederate bonds, and after the war the property was given to the state +for the Agricultural and Mechanical College, now the Alabama Polytechnic +Institute. The Catholic College at Spring Hill near Mobile, the Judson +Institute at Marion, a well-known Baptist College for women, and the +Methodist Woman's College at Tuskegee managed to keep going during the +war.[593] The student body at both male and female colleges was composed +of younger and younger students each successive year. In 1865 only +children were found in any of them. + +In 1860 there were many private schools throughout the state. Every town +and village had its high school or academy. For several years before the +war military schools had been springing up over the state. State aid was +often given these in the form of supplies of arms. Several were +incorporated in 1860 and 1861. Private academies were incorporated in 1861 +in Coffee, Randolph, and Russell counties, with the usual provision that +intoxicating liquors should not be sold within a mile of the school. +Charters of several schools were amended to suit the changed conditions. +These schools were all destroyed, with the exception of Professor +Tutwiler's Green Springs School, which survived the war, though all its +property was lost,[594] and two schools in Tuscaloosa. One of these, known +as "The Home School," was conducted by Mrs. Tuomey, wife of the well-known +geologist, and the other by Professor Saunders in the building later known +as the "Athenæum."[595] + +The only independent city public school system was that of Mobile, +organized in 1852, after northern models. The Boys' High School in this +city was kept open during the war, though seriously thinned in numbers. +The lower departments and the girls' schools were always full.[596] The +state system of schools was organized in 1855 on the basis of the Mobile +system. It was not in full operation before the war came, though much had +been done. + +During the first part of the war public and private schools went on as +usual, though there was a constantly lessening number of boys who +attended. Some went to war, while others, especially in the white +counties, had to stop school to look after farm affairs as soon as the +older men enlisted. Teachers of schools having over twenty pupils were +exempt,[597] but as a matter of fact the teachers who were physically able +enlisted in the army along with their older pupils. The teaching was left +to old men and women, to the preachers and disabled soldiers; most of the +pupils were small girls and smaller boys. The older girls, as the war went +on, remained at home to weave and spin or to work in the fields. In +sparsely settled communities it became dangerous, on account of deserters +and outlaws, for the children to make long journeys through the woods, and +the schools were suspended. The schools in Baldwin County were suspended +as early as 1861.[598] + +Legislation for the schools went on much as usual. After the first year +few new schools were established, public or private. Appropriations were +made by the legislature and distributed by the county superintendents. +When the Federals occupied north Alabama, the legislature ordered that +school money should be paid to the county superintendents in that section +on the basis of the estimates for 1861.[599] The sixteenth section lands +were sold when it was possible and the proceeds devoted to school +purposes.[600] A Confederate military academy was established in Mobile +and conducted by army officers. The purpose of this institute was to give +practical training to future officers and to young and inexperienced +officers. + +Few, if any, of the schools were entirely supported by public money. The +small state appropriation was eked out by contributions from the patrons +in the form of tuition fees. These fees were paid sometimes in Confederate +money, but oftener in meat, meal, corn, cloth, yarn, salt, and other +necessaries of life. The school terms were shortened to two or three +months in the summer and as many in the winter. The stronger pupils did +not attend school when there was work for them on the farm; consequently +the summer session was the more fully attended. The school system as thus +conducted did not break down, except in north Alabama, until the +surrender, though many schools were discontinued in particular localities +for want of teachers or pupils. + +The quality of the instruction given was not of the best; only those +taught who could do little else. The girls are said to have been much +better scholars than the boys, whose minds ran rather upon military +matters. Often their play was military drill, and listening to war stories +their chief intellectual exercise.[601] + +Some rare and marvellous text-books again saw the light during the war. +Old books that had been stored away for two generations were brought out +for use. Webster's "blue back" Speller was the chief reliance, and when +the old copies wore out, a revised southern edition of the book was +issued. Smith's Grammar was expurgated of its New Englandism and made a +patriotic impression by its exercises. Davies's old Arithmetics were used, +and several new mathematical works appeared. Very large editions of +Confederate text-books were published in Mobile, and especially in +Richmond; South Carolina, North Carolina, and Georgia also furnished +Confederate text-books to Alabama. Mobile furnished Mississippi.[602] I +have seen a small geography which had crude maps of all the countries, +including the Confederate States, but omitting the United States. A few +lines of text recognized the existence of the latter country. Another +geography was evidently intended to teach patriotism and pugnacity, to +judge from its contents. Here are some extracts from W. B. Moore's Primary +Geography: "In a few years the northern states, finding their climate too +cold for the negroes to be profitable, sold them to the people living +farther south. Then the northern states passed laws to forbid any person +owning slaves in their borders. Then the northern people began to preach, +to lecture, and to write about the sin of slavery. The money for which +they had sold their slaves was now partly spent in trying to persuade the +southern states to send their slaves back to Africa.... The people [of the +North] are ingenious and enterprising, and are noted for their tact in +'driving a bargain.' They are refined and intelligent on all subjects but +that of negro slavery; on this they are mad.... This [the Confederacy] is +a great country! The Yankees thought to starve us out when they sent their +ships to guard our seaport towns. But we have learned to make many things; +to do without others. + +"Q. Has the Confederacy any commerce? + +"A. A fine inland commerce, and bids fair, sometime, to have a grand +commerce on the high seas. + +"Q. What is the present drawback to our trade? + +"A. An unlawful blockade by the miserable and hellish Yankee nation."[603] + +In some families the children were taught at home by a governess or by +some member of the family. This was the case especially in the Black Belt, +where there were not enough white children to make up a school. Many +mistresses of plantations were, however, too busy to look after the +education of their children, and the latter, when old enough, would be +sent to a friend or relative who lived in town, in order to attend +school.[604] Sometimes a planter had a school on his plantation for the +benefit of his own children. To this school would be admitted the children +of all the whites on the plantation, and of the neighbors who were near +enough to come.[605] + + +Newspapers + +In 1860 there were ninety-six periodicals of various kinds published in +Alabama. About twenty-five of these suspended publication during the war +and were not revived afterwards. Numbers of others suspended for a short +time when paper could not be secured or when being moved from the enemy. +The monthly publications--usually agricultural--all suspended. The +so-called "unionist" newspapers of 1860 went to the wall early in the war +or were sold to editors of different political principles.[606] In spite +of the existence of war, the circulation decreased. Most of the reading +men were in the army; the people at home became less and less able to pay +for a newspaper as the war progressed, and many persons read a single +copy, which was handed around the community. People who could not read +would subscribe for newspapers and get some one to read for them. An eager +crowd surrounded the reader. Papers left for a short time in the +post-office were read by the post-office loiterers as a right. Few war +papers are now in existence, there were so many uses for them after they +were read. + +It is said that the newspaper men did more service in the field in +proportion to numbers than any other class. At the first sound of war many +of them left the office and did not return until the struggle was ended. +Often every man connected with a paper would volunteer, and the paper +would then cease to be issued. There were instances when both father and +son left the newspaper office, and one or both were killed in the war. +Colonel E. C. Bullock of the Alabama troops was a fine type of the Alabama +editor. The law exempted from service one editor and the necessary +printers for each paper. But little advantage was taken of this; few +able-bodied newspaper men failed to do service in the field.[607] + +Sometimes in north Alabama publication had to cease because of the +occupation of the country by the Federal forces, which confiscated or +destroyed the printing outfits. It was difficult to get supplies of paper, +ink, and other newspaper necessaries. No new lots of type were to be had +at all during the whole war. Some papers were printed for weeks at a time +on blue, brown, or yellow wrapping-paper. The regular printing-paper was +often of bad quality and the ink was also bad, so that to-day it is almost +impossible to read some of the papers. Others are as white and clean as if +printed a year ago. A bound volume presents a variegated appearance--some +issues clear and white and strong, others stained and greasy from the bad +ink. The type was often so worn as to be almost illegible. In some +instances, when the sense could be made out, letters were omitted from +words, and even words were omitted, in order to save the type for use +elsewhere. + +The reading matter in the papers was not as a rule very exciting. Brief +summaries were given of military operations, in which the Confederates +were usually victorious, and of political events, North and South. One of +the latest war papers that I have seen chronicles the defeat of Grant by +Lee about April 10, 1865. Letters were printed from the editor in the +field; former employees also wrote letters for the paper, and items of +interest from the soldiers' letters were published. New legislation, state +and Confederate, was summarized. The governor's proclamations were made +public through the medium of the county newspapers. It was about the only +way in which the governor could reach his people. The orders and +advertisements of the army commissaries and quartermasters and conscript +officers were printed each week; there were advertisements for +substitutes, a few for runaway negroes, and a very few trade +advertisements. If a merchant had a stock of goods, he was sure to be +found without giving notice. Notices of land sales were frequent, but very +few negroes were offered for sale. The price of slaves was high to the +last, a sentimental price. Many papers devoted columns and pages to the +printing of directions for making at home various articles of food and +clothing that formerly had been purchased from the North--how to make +soap, salt, stockings, boxes without nails, coarse and fine cloth, +substitutes for tea, coffee, drugs, etc. + +Mobile, Montgomery, Selma, and Tuscaloosa were the headquarters of the +strongest newspapers. The _Mobile Tribune_ and the _Register and +Advertiser_ were suppressed when the city fell; the material of the latter +was confiscated. Both had been strong war papers. In April, 1865, the +_Montgomery Advertiser_ sent its material to Columbus, Georgia, to escape +destruction by the raiders, but Wilson's men burned it there. In +Montgomery the newspaper files were piled in the street by Wilson and +burned; and when Steele came, with the second army of invasion, the +_Advertiser_, which was coming out on a makeshift press, was suppressed, +and not until July was it permitted to appear again. The _Montgomery +Mail_, edited by Colonel J. J. Seibels, who had leanings toward peace, +began early in 1865 to prepare the people for the inevitable. Its attitude +was bitterly condemned by the _Advertiser_ and by many people, but it was +saved from destruction by this course.[608] + + +Publishing Houses + +Most of the people of Alabama had but little time for reading, and those +who had the time and inclination were usually obliged to content +themselves with old books. The family Bible was in a great number of homes +almost the only book read. Most of the new books read were published in +Atlanta, Richmond, or Charleston, though during the last two years of the +war Mobile publishers sent out many thousand volumes. W. G. Clark and Co., +of Mobile, confined their attention principally to text-books, but S. H. +Goetzel was more ambitious. His list includes text-books, works on +military science and tactics, fiction, translations, music, etc. The +best-selling southern novel published during the war was "Macaria," by +Augusta J. Evans of Mobile. It was printed by Goetzel, who also published +Mrs. Ford's "Exploits of Morgan and his Men," which was pirated or +reprinted by Richardson of New York. Evans and Cogswell of Charleston +published Miss Evans's "Beulah." Both "Macaria" and "Beulah" were +reprinted in the North. Goetzel bound his books in rotten pasteboard and +in wall-paper. Goetzel was also an enterprising publisher of translations. +In 1864 he published (on wrapping-paper) a four-volume translation, by +Adelaide de V. Chaudron, of Muhlbach's "Joseph II and His Court." He +published other translations of Miss Muhlbach's historical novels,--her +first American publisher. Owen Meredith's poem, "Tanhauser," was first +printed in America in Mobile. An opera of the same name was also +published. Hardee's "Rifle and Infantry Tactics," in two volumes, and +Wheeler's "Cavalry Tactics" were printed in large editions by Goetzel for +the use of Alabama troops. + +Lieutenant-Colonel Freemantle's book, "Three Months in the Southern +States," was published in Mobile in 1864, and in the same year the works +of Dickens and George Eliot were reprinted by Goetzel. An interesting book +published by Clark of Mobile was entitled "The Confederate States Almanac +and Repository of Useful Knowledge." It appeared annually to 1864 in +Mobile and Augusta, and resembled the annual cyclopædias and year-books of +to-day. Small devotional books and tracts were printed in nearly every +town that had a printing-press. It is said that the church societies +published no doctrinal or controversial tracts. Hundreds of different +tracts, such as Cromwell's "Soldier's Pocket Bible," were printed for +distribution among the soldiers. But not enough Bibles and Testaments +could be made. The northern Bible societies "with one exception" refused +to supply the Confederate sinners. The American Bible Society of New York +gave hundreds of thousands of Bibles, Testaments, etc., principally for +the Confederate troops. At one time 150,000 were given, at another 50,000, +and the work was continued after the war. In 1862 the British and Foreign +Bible Society gave 310,000 Bibles, etc., for the soldiers, and gave +unlimited credit to the Confederate Bible Society.[609] + +After the surrender the material of the newspapers and publishing houses +was confiscated or destroyed. + + +SEC. 7. THE CHURCHES DURING THE WAR + +Attitude of the Churches toward Public Questions + +The religious organizations represented in the state strongly supported +the Confederacy, and even before the beginning of hostilities several of +them had placed themselves on record in regard to political questions. As +a rule, there was no political preaching, but at conferences and +conventions the sentiment of the clergy would be publicly declared. + +The Alabama Baptist Convention, in 1860, declared, in a series of +resolutions on the state of the country, that though standing aloof for +the most part from political parties and contests, yet their retired +position did not exclude the profound conviction, based on unquestioned +facts, that the Union had failed in important particulars to answer the +purpose for which it was created. From the Federal government the southern +people could no longer hope for justice, protection, or safety, especially +with reference to their peculiar property, recognized by the Constitution. +They thought themselves entitled to equality of rights as citizens of the +republic, and they meant to maintain their rights, even at the risk of +life and all things held dear. They felt constrained "to declare to our +brethren and fellow-citizens, before mankind and before our God, that we +hold ourselves subject to the call of proper authority in defence of the +sovereignty and independence of the state of Alabama and of her sacred +right as a sovereignty to withdraw from this Union, and to make any +arrangement which her people in constituent assemblies may deem best for +securing their rights. And in this declaration we are heartily, +deliberately, unanimously, and solemnly united."[610] Bravely did they +stand by this declaration in the stormy years that followed. A year later +(1861) the Southern Baptist Convention adopted resolutions sustaining the +principles for which the South was fighting, condemning the course of the +North, and pledging hearty support to the Confederate government.[611] +Like action was taken by the Southern Methodist Church, but little can now +be found on the subject. One authority states that in 1860 the politicians +were anxious that the Alabama Conference should declare its sentiment in +regard to the state of the country. This was strongly opposed and +frustrated by Bishops Soule and Andrew, who wanted to keep the church out +of politics.[612] From another account we learn that in December, 1860, a +meeting of Methodist ministers in Montgomery declared in favor of +secession from the Union.[613] + +In 1862 a committee report to the East Liberty Baptist Association urged +"one consideration upon the minds of our membership: the present civil war +which has been inaugurated by our enemies must be regarded as a +providential visitation upon us on account of our sins." This called forth +warm discussion and was at once modified by the insertion of the words, +"though entirely just on our part."[614] + +In 1863 the Alabama ministers--Baptist, Methodist Episcopal South, +Methodist Protestant, United Synod South, Episcopal, and +Presbyterian--united with the clergy of the other southern states in "The +Address of the Confederate Clergy to Christians throughout the World." The +address declared that the war was being waged to achieve that which it was +impossible to accomplish by violence, viz. to restore the Union. It +protested against the action of the North in forcing the war upon the +South and condemned the abolitionist policy of Lincoln as indicated in the +Emancipation Proclamation. It made a lengthy defence of the principles +for which the South was fighting.[615] + +By law ministers were exempt from military service.[616] But nearly all of +the able-bodied ministers went to the war as chaplains, or as officers, +leading the men of their congregations. It was considered rather +disgraceful for a man in good physical condition to take up the profession +of preaching or teaching after the war began. Young men "called to preach" +after 1861 received scant respect from their neighbors, and the government +refused to recognize the validity of these "calls to preach." The +preachers at home were nearly all old or physically disabled men. +Gray-haired old men made up the conferences, associations, conventions, +councils, synods, and presbyteries. But to the last their spirit was high, +and all the churches faithfully supported the Confederate cause. They +cheered and kept up the spirits of the people, held society together +against the demoralizing influences of civil strife, and were a strong +support to the state when it had exhausted itself in the struggle. They +gave thanks for victory, consolation for defeat; they cared for the needy +families of the soldiers and the widows and orphans made by war. The +church societies incorporated during the last year of the war show that +the state relief administration had broken down. Some of them were, "The +Methodist Orphans' Home of East Alabama," "The Orphans' Home of the Synod +of Alabama," "The Samaritan Society of the Methodist Protestant Church," +"The Preachers' Aid Society of the Montgomery Conference of the Methodist +Episcopal Church South." The Episcopal Church was incorporated in order +that it might make provision for the widows and orphans of soldiers.[617] + +In 1861 the Presbyterian, Cumberland Presbyterian, Episcopal, and +Methodist churches in Huntsville sent their bells to Holly Springs, +Mississippi, and had them cast into cannon for a battery to be called the +"Bell Battery of Huntsville." Before they were used the cannon were +captured by the Federals when they invaded north Alabama in 1862.[618] + +Each command of volunteers attended church in a body before departing for +the front. On such occasions there were special services in which divine +favor was invoked upon the Confederate cause and its defenders. Religion +exercised a strong influence over the southern people. The strongest +denominations were the Methodists and the Baptists. Nearly all the +soldiers belonged to some church, the great majority to the two just +named. The good influence of the chaplains over the undisciplined men of +the southern armies was incalculable. To the religious training of the men +is largely due the fact that the great majority of the soldiers returned +but little demoralized by the four years of war.[619] + +Not only was the southern soldier not demoralized by his army life, but +many passed through the baptism of fire and came out better men in all +respects. The "poor whites," so-called, arrived at true manhood, they +fought their way into the front of affairs, and learned their true worth. +The reckless, slashing temper of the young bloods disappeared. All were +steadied and sobered and imbued with greater self-respect and respect for +others. And the work of the church at home and in the army aided this +tendency; its democratic influences were strong. + +The white congregations at home were composed of women, old men, cripples, +and children. Among the women the religious spirit was strongest; it +accounts in some degree for their marvellous courage and constancy during +the war. They were often called to church to sanctify a fast. The favorite +readings in the Bible were the first and second chapters of Joel. They +worked and fasted and prayed for protection and for victory.[620] The +Bible was the most commonly read book in the entire land. The people, +naturally religious before the war, became intensely so during the +struggle.[621] + + +The Churches and the Negroes + +After the separation of the southern churches from the northern +organizations the religious instruction of the negroes was conducted +under less difficulties, and greater progress was made. There was no +longer danger of interference by hostile mission boards controlled by +antislavery officials.[622] The mission work among the negroes was +prospering in 1861, and while the white congregations were often without +pastors during the war, the negro missions were always supplied.[623] Many +negro congregations were united to white ones and were thus served by the +same preacher; others were served by regular circuit riders. Some of the +best ministers were preachers to the blacks, and were most devoted +pastors. One winter a preacher in the Tennessee valley, when the Federals +had burned the bridges, swam the river in order to reach his negro charge. +The faithful blacks were waiting for him and built him a fire of pine +knots. He preached and dried his clothes at the same time.[624] + +The fidelity of the slave during these trying times called forth +expressions of gratitude from the churches, and all of them did what they +could to better his social and religious condition.[625] Often when there +was no white preacher, the old negro plantation preacher took his place in +the pulpit and preached to the white and black congregation.[626] The good +conduct of the slaves during the war was due in large degree to the +religious training given them by white and black preachers and by the +families of the slaveholders. The old black plantation preacher was a +tower of strength to the whites of the Black Belt.[627] The missions were +destroyed by the victorious Unionists, and the negro members of the +southern churches were encouraged to separate themselves from the "rebel" +churches; and never since have the southern religious organizations been +able to enter successfully upon work among the blacks. + + +The Federal Armies and the Southern Churches + +With the advance of the Federal armies came the northern churches. +Territory gained by northern arms was considered territory gained for the +northern churches. Ministers came, or were sent down, to take the place of +southern ministers, who were prohibited from preaching. The military +authorities were especially hostile to the Methodist Episcopal Church +South,[628] and to the Protestant Episcopal Church, annoying the ministers +and congregations of these bodies in every way. They were told that upon +them lay the blame for the war; they had done so much to bring it on. +There were very few "loyal" ministers and no "loyal" bishops, but the +Secretary of War at Washington, in an order dated November 30, 1863, +placed at the disposal of Bishop Ames of the northern Methodist Church, +all houses of worship belonging to the southern Methodist Church in which +a "loyal" minister, appointed by a "loyal" bishop, was not officiating. +It was a matter of the greatest importance to the government, the order +stated, that Christian ministers should by example and precept support and +foster the "loyal" sentiment of the people. Bishop Ames, the order +recited, enjoyed the entire confidence of the War Department, and no doubt +was entertained by the government but that the ministers appointed by him +would be "loyal." The military authorities were directed to support Bishop +Ames in the execution of his important mission.[629] A second order, dated +January 14, 1864, directed the military authorities to turn over to the +American Baptist Home Mission Society all churches belonging to the +southern Baptists. Confidence was expressed in the "loyalty" of this +society and its ministers.[630] Other orders placed the Board of Home +Missions of the United Presbyterian Church in charge of the churches of +the Associate Reformed Church, and authorized the northern branches of the +(O. S. and N. S.) Presbyterians to appoint "loyal" ministers for the +churches of these denominations in the South. + +Lincoln seems to have been displeased with the action taken by the War +Department, but nothing more was done than to modify the orders so as to +concern only the "churches in the rebellious states."[631] + +Under these orders churches in north Alabama were seized and turned over +to the northern branches of the same denomination. In some of the mountain +districts this was not opposed by the so-called "union" element of the +population. But in most places bitter feelings were aroused, and +controversies began which lasted for several years after the war ended. +The northern churches in some cases attempted to hold permanently the +property turned over to them during the war. In central and south Alabama, +where the Federal forces did not appear until 1865, these orders were not +enforced. + +In the section of the country occupied by the enemy, the military +authorities attempted to regulate the services in the various churches. +Prayer had to be offered for the President of the United States and for +the Federal government. It was a criminal offence to pray for the +Confederate leaders. Preachers who refused to pray "loyal" prayers and +preach "loyal" sermons were forbidden to hold services. In Huntsville, in +1862, the Rev. Frederick A. Ross, a celebrated Presbyterian clergyman, was +arrested by General Rousseau, and sent North for praying a "disloyal" +prayer in which he said, "We pray Thee, O Lord, to bless our enemies and +to remove them from our midst as soon as seemeth good in Thy sight." He +seems to have been released, for in February, 1865, General R. S. Stanley +wrote to General Thomas's adjutant-general protesting against the policy +of the provost-marshal in Huntsville, who had selected a number of +prominent men to answer certain test questions as to "loyalty." If not +answered to his satisfaction, the person catechized was to be sent beyond +the lines. Among other prominent citizens two ministers--Ross and +Bannister--were selected for expulsion. These, General Stanley said, had +never taken part in politics, and he thought it was a bad policy. However, +he stated that General Granger wanted the preachers expelled.[632] + +Throughout the war there was a disposition on the part of some army +officers to compel ministers of southern sympathies to conduct "loyal" +services--that is, to preach and pray for the success of the Federal +government. It was especially easy to annoy the Episcopal clergy, on +account of the formal prayer used, but other denominations also suffered. +In one instance, a Methodist minister was told that he must take the oath +(this was soon after the surrender) and pray for the President of the +United States, or he must stop preaching. For a time he refused, but +finally he took the oath, and, as he said, "I prayed for the President; +that the Lord would take out of him and his allies the hearts of beasts +and put into them the hearts of men, or remove the cusses from office. The +little captain never asked me any more to pray for the President and the +United States."[633] + +In the churches the situation at the close of the war was not promising +for peace. Some congregations were divided; church property was held by +aliens supported by the army; "loyal" services were still demanded; the +northern churches were sending agents to occupy the southern field; the +negroes were being forcibly separated from southern supervision; the +policy of "disintegration and absorption" was beginning. Consequently the +church question during Reconstruction was one of the most irritating.[634] + + +SEC. 8. DOMESTIC LIFE + +Society in 1861 + +During the early months of 1861 society was at its brightest and best. For +several years social life had been characterized by a vague feeling of +unrest. Political questions became social questions, society and politics +went hand in hand, and the social leaders were the political leaders. The +women were well informed on all questions of the day and especially on the +burning sectional issues that affected them so closely. After the John +Brown episode at Harper's Ferry, the women felt that for them there could +be no safety until the question was settled. They were strongly in favor +of secession after that event if not before; they were even more unanimous +than the men, feeling that they were more directly concerned in questions +of interference with social institutions in the South. There was to them a +great danger in social changes made, as all expected, by John Brown +methods.[635] + +Brilliant social events celebrated the great political actions of the day. +The secession of Alabama, the sessions of the convention, the meeting of +the legislature, the meeting of the Provisional Congress, the inauguration +of President Davis--all were occasions for splendid gatherings of beauty +and talent and strength. There were balls, receptions, and other social +events in country and in town. There was no city life, and country and +town were socially one. Enthusiasm for the new government of the southern +nation was at fever heat for months. At heart many feared and dreaded that +war might follow, but had war been certain, the knowledge would have +turned no one from his course. When war was seen to be imminent, +enthusiasm rose higher. Fear and dread were in the hearts of the women, +but no one hesitated. From social gayety they turned to the task of making +ready for war their fathers, brothers, husbands, and sweethearts. They +hurriedly made the first gray uniforms and prepared supplies for the +campaign. When the companies were fitted out and ready to depart, there +were farewell balls and sermons, and presentations of colors by young +women. These ceremonies took place in the churches, town halls, and +court-houses. Speeches of presentation were made by young women, and of +acceptance by the officers. The men always spoke well. The women showed a +thorough acquaintance with the questions at issue, but most of their +addresses were charges to the soldiers, encouragement to duty. "Go, my +sons, and return victorious or fall in the cause of the South," or a +similar paraphrase, was often heard. One lady said, "We confide [to you] +this emblem of our zeal for liberty, trusting that it will nerve your +hearts and strengthen your hands in the hour of trial, and that its +presence will forbid the thought of seeking any other retreat than in +death." Another maiden told her soldiers that "we who present this banner +expect it to be returned brightened by your chivalry or to become the +shroud of the slain." "The terrors of war are far less to be feared than +the degradation of ignoble submission," the soldiers were assured by +another bright-eyed girl. The legends embroidered or woven into the colors +were such as these: "To the Brave," "Victory or Death," "Never +Surrender."[636] + +There were dress parades, exhibition drills, picnics, barbecues; and then +the soldiers marched away. After a short season of feverish social gayety, +the seriousness of war was brought home to the people, and those left +behind settled down to watch and wait and work and pray for the loved ones +and for the cause. It was soon a very quiet life, industrious, strained +with waiting and listening for news. For a long time the interior country +was not disturbed by fear of invasion. Life was monotonous; sorrow came +afresh daily; and it was a blessing to the women that they had to work so +hard during the war, as constant employment was their greatest comfort. + + +Life on the Farm + +The great majority of the people of Alabama lived in the country on farms +and plantations. They had been dependent upon the North for all the finer +and many of the commoner manufactured articles. The staple crop was +cotton, which was sold in exchange for many of the ordinary necessaries of +life. Now all was changed. The blockade shut off supplies from abroad, and +the plantations had to raise all that was needed for feeding and clothing +the people at home and the soldiers in the field. This necessitated a +change in plantation economy. After the first year of war less and less +cotton was planted, and food crops became the staple agricultural +productions. The state and Confederate authorities encouraged this +tendency by advice and by law. The farms produced many things which were +seldom planted before the war, when cotton was the staple crop. Cereals +were cultivated in the northern counties and to some extent in central +Alabama, though wheat was never successful in central and south Alabama. +Rice, oats, corn, peas, pumpkins, ground-peas, and chufas were grown more +and more as the war went on. Ground-peas (called also peanuts, goobers, or +pindars, according to locality) and chufas were raised to feed hogs and +poultry. The common field pea, or "speckled Jack," was one of the +mainstays of the Confederacy. It is said that General Lee called it "the +Confederacy's best friend." At "laying by" the farmers planted peas +between the hills of corn, and the vines grew and the crop matured with +little further trouble. Sweet potatoes were everywhere raised, and became +a staple article of food. + +Rice was stripped of its husk by being beaten with a wooden pestle in a +mortar cut out of a section of a tree. The threshing of the wheat was a +cause of much trouble. Rude home-made flails were used, for there were no +regular threshers. No one raised much of it, for it was a great task to +clean it. One poor woman who had a small patch of wheat threshed it by +beating the sheaves over a barrel, while bed quilts and sheets were spread +around to catch the scattering grains. Another placed the sheaves in a +large wooden trough, then she and her small children beat the sheaves with +wooden clubs. After being threshed in some such manner, the chaff was +fanned out by pouring the grain from a measure in a breeze and catching it +on a sheet. + +Field labor was performed in the Black Belt by the negroes, but in the +white counties the burden fell heavily upon the women, children, and old +men. In the Black Belt the mistress of the plantation managed affairs with +the assistance of the trusty negroes. She superintended the planting of +the proper crops, the cultivation and gathering of the same, and sent to +the government stores the large share called for by the tax-in-kind. The +old men of the community, if near enough, assisted the women managers by +advice and direction. Often one old gentleman would have half a dozen +feminine planters as his wards. Life was very busy in the Black Belt, but +there was never the suffering in this rich section that prevailed in the +less fertile white counties from which the white laborers had gone to war. +In the latter section the mistress of slaves managed much as did her Black +Belt sister, but there were fewer slaves and life was harder for all, and +hardest of all for the poor white people who owned no slaves. When few +slaves were owned by a family, the young white boys worked in the field +with them, while the girls of the family did the light tasks about the +house, though at times they too went to the field. Where there were no +slaves, the old men, cripples, women, and children worked on the little +farms. All over the country the young boys worked like heroes. All had +been taught that labor was honorable, and all knew how work should be +done. So when war made it necessary, all went to work only the harder; +there was no holding of hands in idleness. The mistress of the plantation +was already accustomed to the management of large affairs, and war brought +additional duties rather than new and strange problems; but the wife of +the poor farmer or renter, left alone with small children, had a hard time +making both ends meet. + + +Home Industries; Makeshifts and Substitutes + +Many articles in common use had now to be made at home, and the plantation +developed many small industries. There was much joy when a substitute was +found, because it made the people independent of the outside world. Farm +implements were made and repaired. Ropes were made at home of various +materials, such as bear-grass, sunflower stalks, and cotton; baskets, of +willow branches and of oak splints; rough earthenware, of clay and then +glazed; cooking soda from seaweed and from corn-cob ashes; ink from +nut-galls or ink balls, from the skin of blue fig, from green persimmons, +pokeberries, rusty nails, pomegranate rind, and indigo. Cement was made +from wild potatoes and flour; starch from nearly ripe corn, sweet +potatoes, and flour. Bottles or gourds, with small rolls of cotton for +wicks, served as lamps, and in place of oil, cotton-seed oil, ground-pea +or peanut oil, and lard were used. Candles made of wax or tallow were +used, while in the "piney woods" pine knots furnished all the necessary +illumination. Mattresses were stuffed with moss, leaves, and "cat-tails." +No paper could be wasted for envelopes. The sheet was written on except +just enough for the address when folded. In other instances wall-paper and +sheets of paper with pictures on one side and the other side blank were +folded and used for envelopes. Mucilage for the envelopes was made from +peach-tree gum. Corn-cob pipes with a joint of reed or fig twig for a stem +were fashionable. The leaves of the China tree kept insects away from +dried fruit; the China berries were made into whiskey and were used as a +basis for "Poor Man's" soap. Wax myrtle and rosin were also used in making +soap. Beer was made from corn, persimmons, potatoes, and sassafras; +"lemonade" from may-pops and pomegranates. Dogwood and willow bark were +mixed with smoking tobacco "to make it go a long way." Shoes had to be +made for white and black, and backyard tanneries were established. The +hides were first soaked in a barrel filled with a solution of lye until +the hair would come off, when they were placed in a pit between alternate +layers of red oak bark and water poured in. In this "ooze" they soaked for +several months and were then ready for use. The hides of horses, dogs, +mules, hogs, cows, and goats were utilized, and shoes, harness, and +saddles were made on the farm. + +All the domestic animals were now raised in larger numbers, especially +beef cattle, sheep, goats, and hogs. Sheep were raised principally for +their wool. The work of all was directed toward supplying the army, and +the best of everything was sent to the soldiers. + +Home life was very quiet, busy, and monotonous, with its daily routine of +duty in which all had a part. There were few even of the wealthiest who +did not work with their hands if physically able. Life was hard, but +people soon became accustomed to makeshifts and privation, and most of +them had plenty to eat, though the food was usually coarse. Corn bread was +nearly always to be had; in some places often nothing else. After the +first year few people ever had flour to cook; especially was this the case +in the southern counties. When a family was so fortunate as to obtain a +sack or barrel of flour, all the neighbors were invited in to get +biscuits, though sometimes all of it was kept to make starch. Bolted meal +was used as a substitute for flour in cakes and bread. Most of the meat +produced was sent to the army, and the average family could afford it only +once a day, many only once a week. When an epidemic of cholera killed the +hogs, the people became vegetarians and lived on corn bread, milk, and +syrup; many had only the first.[637] Tea and coffee were very scarce in +the interior of Alabama, and small supplies of the genuine were saved for +emergencies. For tea there were various substitutes, among them holly +leaves, rose leaves, blackberry and raspberry leaves; while for coffee, +rye, okra seed, corn, bran, meal, hominy, peanuts, and bits of parched or +roasted sweet potatoes were used. Syrup was made from the juice of the +watermelon, and preserves from its rind. The juice of corn-stalks was also +made into syrup. In south Alabama sugar-cane and in north Alabama sorghum +furnished "long sweetening." The sorghum was boiled in old iron kettles, +and often made the teeth black. In south Alabama syrup was used instead of +sugar in cooking. In grinding sugar-cane and sorghum, wooden rollers often +had to be made, as iron ones were scarce. However, when they could be +obtained, they were passed from family to family around the community. + + +Clothes and Fashions + +Before the war most articles of clothing were purchased in the North or +imported from abroad. Now that the blockade shut Alabama off from all +sources of supply, the people had to make their cloth and clothing at +home. The factories in the South could not even supply the needs of the +army, and there was a universal return to primitive and frontier +conditions. Old wheels and looms were brought out, and others were made +like them. The state government bought large quantities of cotton and wool +cards for the use of poor people. The women worked incessantly. Every +household was a small factory, and in an incredibly short time the women +mastered the intricacies of looms, spinning-wheels, warping frames, +swifts, etc. Negro women sometimes learned to spin and weave. The whites, +however, did most of it; weaving was too difficult for the average negro +to learn. The area devoted to the cultivation of cotton was restricted by +law, but more than enough was raised to supply the few factories then +operating, principally for the government, and to supply the +spinning-wheels and hand looms of the people. + +As a rule, each member of the family had a regularly allotted task for +each day in spinning or weaving. The young girls could not weave, but +could spin;[638] while the women became expert at weaving and spinning and +made beautiful cloth. All kinds of cotton goods were woven, coarse +osnaburgs, sheetings, coverlets, counterpanes, a kind of muslin, and +various kinds of light cloth for women's dresses. Wool was grown on a +large scale as the war went on, and the women wove flannels, plaids, +balmorals, blankets, and carpets.[639] Gray jeans was woven to make +clothing for the soldiers, who had almost no clothes except those sent +them by their home people. A soldier's pay would not buy a shirt, even +when he was paid, which was seldom the case. Nearly every one wove +homespun, dyed with home-made dyes, and it was often very pretty. The +women took more pride in their neat homespun dresses than they did before +the war in the possession of silks and satins. And there was friendly +rivalry between them in spinning and weaving the prettiest homespun as +there was in making the whitest sugar, the cleanest rice, and the best +wheat and corn. But they could not make enough cloth to supply both army +and people, and old clothes stored away were brought out and used to the +last scrap. When worn out the rags were unravelled and the short threads +spun together and woven again into coarse goods. Pillow-cases and sheets +were cut up for clothes and were replaced by homespun substitutes, and +window curtains were made into women's clothes. Carpets were made into +blankets. There were no blanket factories, and the legislature +appropriated the carpets in the capitol for blankets for the +soldiers.[640] Some people went to the tanyards and got hair from horse +and cow hides and mixed it with cotton to make heavy cloth for winter use, +which is said to have made a good-looking garment. Once in a long while +the father or brother in the army would send home a bolt of calico, or +even just enough to make one dress. Then there would be a very proud woman +in the land. Scraps of these rare dresses and also of the homespun dresses +are found in the old scrap-books of the time. The homespun is the +better-looking. No one saw a fashion plate, and each one set the style. +Hoop-skirts were made from the remains of old ones found in the garrets +and plunder rooms. It is said that the southern women affected dresses +that were slightly longer in front than behind, and held them aside in +their hands. Sometimes fortunate persons succeeded in buying for a few +hundred dollars some dress material that had been brought through the +blockade. A calico dress cost in central Alabama from $100 to $600, other +material in proportion. Sewing thread was made by the home spinners with +infinite trouble, but it was never satisfactory. Buttons were made of +pasteboard, pine bark, cloth, thread, persimmon seed, gourds, and wood +covered with cloth. Pasteboard, for buttons and other uses, was made by +pasting several layers of old papers together with flour paste.[641] + +Sewing societies were formed for pleasure and to aid soldiers and the +poor. At stated intervals great quantities of clothing and supplies were +sent to the soldiers in the field and to the hospitals. All women became +expert in crocheting and knitting--the occupations for leisure moments. +Even when resting, one was expected to be doing something. Many formed the +habit of knitting in those days and keep it up until to-day, as it became +second nature to have something in the hands to work with. Many women who +learned then can now knit a pair of socks from beginning to end without +looking at them. After dark, when one could not see to sew, spin, or +weave, was usually the time devoted to knitting and crocheting, which +sometimes lasted until midnight. Capes, sacks, vandykes, gloves, socks and +stockings, shawls, underclothes, and men's suspenders were knitted. The +makers ornamented them in various ways, and the ornamentation served a +useful purpose, as the thread was usually coarse and uneven, and the +ornamentation concealed the irregularities that would have shown in plain +work. The smoothest thread that could be made was used for knitting. To +make this thread the finest bolls of cotton were picked before rain had +fallen on them and stained the fibre. + +The homespun cloth had to be dyed to make it look well, and, as the +ordinary dye materials could not be obtained, substitutes were made at +home from barks, leaves, roots, and berries. Much experimentation proved +the following results: Maple and sweet gum bark with copperas produced +purple; maple and red oak bark with copperas, a dove color; maple and red +walnut bark with copperas, brown; sweet gum with copperas, a nearly black +color; peach leaves with alum, yellow; sassafras root with copperas, drab; +smooth sumac root, bark, and berries, black; black oak bark with alum, +yellow; artichoke and black oak, yellow; black oak bark with oxide of tin, +pale yellow to bright orange; black oak bark with oxide of iron, drab; +black oak balls in a solution of vitriol, purple to black; alder with +alum, yellow; hickory bark with copperas, olive; hickory bark with alum, +green; white oak bark with alum, brown; walnut roots, leaves, and hulls, +black. Copperas was used to "set" the dye, but when copperas was not to be +had blacksmith's dust was used instead. Pine tree roots and tops, and +dogwood, willow bark, and indigo were also used in dyes.[642] + +Shoes for women and children were made of cloth or knitted uppers or of +the skins of squirrels or other small animals, fastened to leather or +wooden soles. A girl considered herself very fortunate if she could get a +pair of "Sunday" shoes of calf or goat skin. There were shoemakers in each +community, all old men or cripples, who helped the people with their +makeshifts. Shoes for men were made of horse and cow hides, and often the +soles were of wood. A wooden shoe was one of the first things patented at +Richmond. Carriage curtains, buggy tops, and saddle skirts furnished +leather for uppers, and metal protections were placed on leather soles. +Little children went barefooted and stayed indoors in winter; many grown +people went barefooted except in winter. Shoe blacking was made from soot +mixed with lard or oil of ground-peas or of cotton-seed. This was applied +to the shoe and over it a paste of flour or starch gave a good polish. + +Old bonnets and hats were turned, trimmed, and worn again. Pretty hats +were made of cloth or woven from dyed straw, bulrushes, corn-shucks, +palmetto, oat and wheat straw, bean-grass, jeans, and bonnet squash, and +sometimes of feathers. The rushes, shucks, palmetto, and bean-grass were +bleached by boiling and sunning. Bits of old finery served to trim hats as +well as feathers from turkeys, ducks, and peafowls, with occasional wheat +heads for plumes. Fans were made of the palmetto and of the wing feathers +and wing tips of turkeys and geese. Old parasols and umbrellas were +re-covered, but the majority of the people could not afford cloth for such +a purpose. Hair-oil was made from roses and lard. Thin-haired unfortunates +made braids and switches from prepared bark. + +The ingenious makeshifts and substitutes of the women were innumerable. +They were more original than the men in making use of what material lay +ready to hand or in discovering new uses for various things. The few men +at home, however, were not always of the class that make discoveries or do +original things. In an account of life on the farms and plantations in the +South during the war, the white men may almost be left out of the story. + + +Drugs and Medicines + +After the blockade became effective, drugs became very scarce and +home-made preparations were substituted. All doctors became botanical +practitioners. The druggist made his preparations from herbs, roots, and +barks gathered in the woods and fields. Manufacturing laboratories were +early established at Mobile and Montgomery to make medical preparations +which were formerly procured abroad. Much attention was given to the +manufacture of native preparations, which were administered by +practitioners in the place of foreign drugs with favorable results. +Surgeon Richard Potts, of Montgomery, Alabama, had exclusive charge of the +exchange of cotton for medical supplies, and when allowed by the +government to make the exchange, it was very easy for him to get drugs +through the lines into Alabama and Mississippi. But this permission was +too seldom given.[643] + +Quinine was probably the scarcest drug. Instead of this were used dogwood +berries, cotton-seed tea, chestnut and chinquapin roots and bark, willow +bark, Spanish oak bark, and poplar bark. Red oak bark in cold water was +used as a disinfectant and astringent for wounds. Boneset tea, butterfly +or pleurisy root tea, mandrake tea, white ash or prickly ash root, and +Sampson's snakeroot were used in fever cases. Local applications of +mustard seed or leaves, hickory leaves, and pepper were used in cases of +pneumonia and pleurisy, while sumac, poke root and berry, sassafras, +alder, and prickly ash were remedies for rheumatism, neuralgia, and +scrofula. Black haw root and partridge berry were used for hemorrhage; +peach leaves and Sampson's snakeroot for dyspepsia and sassafras tea in +the spring and fall served as a blood medicine. The balsam cucumber was +used for a tonic, as also was dogwood, poplar, and rolled cherry bark in +whiskey. Turpentine was useful as an adjunct in many cases. Hops were used +for laudanum; may-apple root or peach tree leaf tea for senna; dandelion, +pleurisy root, and butterfly weed for calomel. Corks were made from black +gum roots, corn-cobs, and old life preservers. Barks were gathered when +the sap was running, the roots after the leaves were dead, and medicinal +plants when they were in bloom.[644] Opium was made from the poppy, +cordials from the blackberry, huckleberry, and persimmon, brandy from +watermelons and fruits, and wine from the elderberry.[645] Whiskey made in +the hills of north Alabama, in gum log stills, formed the basis of nearly +all medicinal preparations. The state had agents who looked after the +proper distribution of the whiskey among the counties. The castor beans +raised in the garden were crushed and boiled and the oil skimmed off.[646] + + +Social Life during the War + +Life in the towns was not so monotonous as in the country. In the larger +ones, especially in Mobile, there was a forced gayety throughout the war. +Many marriages took place, and each wedding was usually the occasion of +social festivities. In the country "homespun" weddings were the +fashion--all parties at the wedding being clad in homespun. Colonel Thomas +Dabney dined in Montgomery in November, 1864, with Mr. Woodleaf, a refugee +from New Orleans. "They gave me," he said, "a fine dinner, good for any +time, and some extra fine music afterwards, according to the Italian, +Spanish, and French books, for we had some of each sort done up in true +opera fashion, I suppose. It was a _leetle_ too foreign for my ear, but +that was my fault, and not the fault of the music."[647] The people were +too busy for much amusement, yet on the surface life was not gloomy. Work +was made as pleasant as possible, though it could never be made play. The +women were never idle, and they often met together to work. There were +sewing societies which met once a week for work and exchange of news. +"Quiltings" were held at irregular intervals, to which every woman came +armed with needle and thimble. At other times there would be spinning +"bees," to which the women would come from long distances and stay all +day, bringing with them in wagons their wheels, cards, and cotton. When a +soldier came home on furlough or sick leave, every woman in the community +went to see him, carrying her work with her, and knitted, sewed, or spun +while listening to news from the army. The holiday soldier, the +"bomb-proof," and the "feather bed" received little mercy from the women; +a thorough contempt was the portion of such people. "Furlough" wounds came +to receive slight sympathy.[648] The soldiers always brought messages +from their comrades to their relatives in the community, which was often +the only way of hearing from those in the army. Letters were uncertain, +the postal system never being good in the country districts. Postage was +ten to twenty cents on a letter, and one to five cents on small +newspapers. Letters from the army gave news of the men of the settlement +who were in the writer's company or regiment, and when received were read +to the neighbors or sent around the community. Often when a young man came +home on furlough or passed through the country, there would be many social +gatherings or "parties" in his honor, and here the young people gathered. +There were parties for the older men, too, and dinners and suppers. Here +the soldier met again his neighbors, or rather the feminine half of them, +anxious to hear his experiences and to inquire about friends and relatives +in the army. The young people also met at night at "corn shuckings" and +"candy pullings," from which they managed to extract a good deal of +pleasure. At the social gatherings, especially of the older people, some +kind of work was always going on. Parching pindars to eat and making +peanut candy were amusements for children after supper. + +The intense devotion of the women to the Confederate cause was most +irritating to a certain class of Federal officers in the army that invaded +north Alabama. They seemed to think that they had conquered entrance into +society, but the women were determined to show their colors on all +occasions and often had trouble when boorish officers were in command. A +society woman would lose her social position if seen in the company of +Federal officers. When passing them, the women averted their faces and +swept aside their skirts to prevent any contact with the hated Yankee. +They played and sang Confederate airs on all occasions, and when ordered +by the military authorities to discontinue, it usually took a guard of +soldiers to enforce the order. The Federal officers who acted in a +gentlemanly manner toward the non-combatants were accused by their rude +fellows and by ruder newspaper correspondents of being "wound round the +fingers of the rebel women," who had some object to gain. When the people +of a community were especially contemptuous of the Federals, they were +sometimes punished by having a negro regiment stationed as a garrison. +Athens, in Limestone county, one of the most intensely southern towns, +was garrisoned by a regiment of negroes recruited in the immediate +vicinity.[649] + + * * * * * + +For the negroes in the Black Belt life went on much as before the war. +More responsibility was placed upon the trusty ones, and they proved +themselves worthy of the trust. They were acquainted with the questions at +issue and knew that their freedom would probably follow victory by the +North. Yet the black overseer and the black preacher, with their +fellow-slaves, went on with their work. The master's family lived on the +large plantation with no other whites within miles and never felt fear of +harm from their black guardians. The negroes had their dances and, 'possum +hunts on Saturday nights after the week's work was done. There was +preaching and singing on Sunday, the whites often attending the negro +services and _vice versa_. Negro weddings took place in the "big house." +The young mistresses would adorn the bride, and the ceremony would be +performed by the old white clergyman, after which the wedding supper would +be served in the family dining room or out under the trees. These were +great occasions for the negroes and for the young people of the master's +family. The sound of fiddle and banjo, songs, and laughter were always +heard in the "quarters" after work was done, though Saturday night was the +great time for merrymaking. In July and August, after the crops were "laid +by," the negroes had barbecues and picnics. To these the whites were +invited and they always attended. The materials for these feasts were +furnished by the mistress and by the negroes themselves, who had garden +patches, pigs, and poultry. The slaves were, on the whole, happy and +content. + +The clothes for the slaves were made under the superintendence of the +mistress, who, after the war began, often cut out the clothes for every +negro on the place, and sometimes assisted in making them. Some of the +negro women had spinning-wheels and looms, and clothed their own families, +while others spun, wove, and made their clothes under the direction of the +mistress. But most of them could not be trusted with the materials, +because they were so unskilful. It took a month or two twice a year to get +the negroes into their new outfits. The rule was that each negro should +have two suits of heavy material for winter wear and two of light goods +for summer. To clothe the negroes during the war time was a heavy burden +upon the mistress. + +To those negroes who did their own cooking rations were issued on Saturday +afternoon. Bacon and corn meal formed the basis of the ration, besides +which there would be some kind of "sweetening" and a substitute for +coffee.[650] Special goodies were issued for Sunday. The negroes in the +Black Belt fared better during the war than either the whites or the +negroes in the white counties. When there were few slaves or in the time +of great scarcity, the cooking for whites and blacks was often done in the +house kitchen by the same cooks. This was done in order to leave more time +for the negroes to work and to prevent waste. Where there were many +slaves, there was often some arrangement made by which cooking was done in +common, though there were numbers of families that did their own cooking +at home all the time. When meat was scarce, it was given to the negro +laborers who needed the strength, while the white family and the negro +women and children denied themselves. + +As the Confederate government did not provide well for the soldiers, their +wives and mothers had to supply them. The sewing societies undertook to +clothe the soldiers who went from their respective neighborhoods. Once a +week or once a month, a box was sent from each society. One box sent to +the Grove Hill Guards contained sixty pairs of socks, twenty-five +blankets, thirteen pairs of gloves, fourteen flannel shirts, sixteen +towels, two handkerchiefs, five pairs of trousers, and one bushel of dried +apples. Other boxes contained about the same. Hams and any other edibles +that would keep were frequently sent and also simple medicine chests. When +blankets could not be had, quilts were sent, or heavy curtains and pieces +of carpet. With the progress of the war, there was much suffering among +the soldiers and their destitute families that the state could do but +little to relieve, and the women took up the task. Besides the various +church aid societies, we hear of the "Grove Hill Military Aid Society" and +the "Suggsville Soldiers' Aid Society," both of Clarke County; the "Aid +Society of Mobile"; the "Montgomery Home Society" and the "Soldiers' +Wayside Home," in Montgomery; the "Wayside Hospital" and the "Ladies' +Military Aid Society" of Selma; the "Talladega Hospital"; the "Ladies' +Humane Society" of Huntsville,[651] and many others. The legislature gave +financial aid to some of them. Societies were formed in every town, +village, and country settlement to send clothing, medicines, and +provisions to the soldiers in the army and to the hospitals. The members +went to hospitals and parole camps for sick and wounded soldiers, took +them to their homes, and nursed them back to health. "Wayside Homes" were +established in the towns for the accommodation of soldiers travelling to +and from the army. Soldiers on sick leave and furlough who were cut off +from their homes beyond the Mississippi came to the homes of their +comrades, sure of a warm welcome and kind attentions. Poor soldiers sick +at home were looked after and supplies sent to their needy families. + +The last year of the war a bushel of corn cost $13, while a soldier's pay +was $11 a month, paid once in a while. So the poor people became +destitute. But the state furnished meal and salt to all[652] and the more +fortunate people gave liberally of their supplies. Many of the poorer +white women did work for others--weaving, sewing, and spinning--for which +they were well paid, frequently in provisions, which they were in great +need of. Some made hats, bonnets, and baskets for sale. The cotton +counties supported many refugees from the northern counties, and numerous +poor people from that section imposed upon the generosity of the planting +section. The overseers, white or black, had a dislike for those to whom +supplies were given; they also objected to the regular payment of the +tax-in-kind, and to impressment which took their corn, meat, horses, cows, +mules, and negroes, and crippled their operations. The mistresses had to +interfere and see that the poor and the government had their share. + +In the cities the women engaged in various patriotic occupations,--sewing +for the soldiers, nursing, raising money for hospitals, etc. The women of +Tuskegee raised money to be spent on a gunboat for the defence of Mobile +Bay. They wanted it called _The Women's Gunboat_.[653] "A niece of James +Madison" wrote to a Mobile paper, proposing that 200,000 women in the +South sell their hair in Europe to raise funds for the Confederacy. The +movement failed because of the blockade.[654] There were other similar +propositions, but they could not be carried out, and year after year the +legislatures of the state thanked the women for their patriotic devotion, +their labors, sacrifices, constancy, and courage. + +The music and songs that were popular during the war show the changing +temper of the people. At first were heard joyous airs, later contemptuous +and defiant as war came on; then jolly war songs and strong hymns of +encouragement. But as sorrow followed sorrow until all were stricken; as +wounds, sickness, imprisonment, and death of friends and relatives cast +shadow over the spirits of the people; as hopes were dashed by defeat, and +the consciousness came that perhaps after all the cause was losing,--the +iron entered into the souls of the people. The songs were sadder now. The +church hymns heard were the soul-comforting ones and the militant songs of +the older churchmen. The first year were heard "Farewell to Brother +Jonathan," "We Conquer or We Die;" then "Riding a Raid," "Stonewall +Jackson's Way," "All Quiet Along the Potomac," "Lorena," "Beechen Brook," +"Somebody's Darling," "When the Cruel War is O'er," "Guide Me, O Thou +Great Jehovah." "Dixie" was sung and played during the entire time, whites +and blacks singing it with equal pleasure. The older hymns were sung and +the doctrines of faith and good works earnestly preached. The promises +were, perhaps, more emphasized. A deeply religious feeling prevailed among +the home workers for the cause. + +The women had the harder task. The men were in the field in active +service, their families were safe at home, there was no fear for +themselves. The women lived in constant dread of news from the front; they +had to sit still and wait, and their greatest comfort was the hard work +they had to do. It gave them some relief from the burden of sorrow that +weighed down the souls of all. To the very last the women hoped and prayed +for success, and failure, to many of them, was more bitter than death. The +loss of their cause hurt them more deeply than it did the men who had the +satisfaction of fighting out the quarrel, even though the other side was +victorious.[655] + + + + + + +PART III + +THE AFTERMATH OF WAR + + + + +CHAPTER V + +SOCIAL AND ECONOMIC DISORDER + + +SEC. 1. LOSS OF LIFE AND PROPERTY + +The Loss of Life + +The surviving soldiers came straggling home, worn out, broken in health, +crippled, in rags, half starved, little better off, they thought, than the +comrades they had left under the sod of the battle-fields on the border. +In the election of 1860 about 90,000 votes were cast, nearly the entire +voting population, and about this number of Alabama men enlisted in the +Confederate and Union armies. Various estimates were made of Alabama's +losses during the war, most of which are doubtless too large. Among these +Governor Parsons, in his inaugural address, gives the number as 35,000 +killed or died of wounds and disease, and as many more disabled.[656] +Colonel W. H. Fowler, for two years the state agent for settling the +claims of deceased soldiers and also superintendent of army records, +states that he had the names of nearly 20,000 dead on his lists and +believed this to be only about half of the entire number; that the Alabama +troops lost more heavily than any other troops. He asserted that of the +30,000 Alabama troops in the Army of Northern Virginia over 9000 had died +in service, and of those who were retired, discharged, or who resigned, +about one-half were either dead or permanently disabled.[657] These +estimates are evidently too large, and they probably form the basis of the +statements of Governors Parsons and Patton. Governor Patton estimated that +40,000 had died in service, while 20,000 were disabled for life, and that +there were 20,000 widows and 60,000 orphans.[658] A _Times_ correspondent +places the loss in war at 34,000.[659] The strongest regiments were worn +out by 1865. At Appomattox, when three times as many men surrendered as +were in a condition to bear arms, the Alabama commands paroled hardly +enough men in each regiment to form a good company. Though the average +enlistment had been 1350 to the regiment, one of the best regiments--the +Third Alabama Infantry--paroled: from Company B, 8 men; from Company D, 7 +men; Company G, 4; Company E, 7; while the Fifth Alabama paroled: from +Company A, 2; B, 7; C, 2; E, 2; F, 1; K, 3. The Twelfth Alabama: Company +A, 4; C, 6; D, 6; E, 4; G, 3; I, 5; M, 4. Sixth Alabama (over 2000 +enlistments): D, 2; F, 2; I, 5; M, 4. Sixty-first Alabama: B, 2; C, 4; E, +1; G, 5; I, 4; K, 3. Fifteenth Alabama: C, 8. Forty-eighth Alabama: C, 6; +K, 7. Ninth Alabama: 70 men in all--an average of 7 to a company. +Thirteenth Alabama: 85 men in all. Forty-first Alabama: 74 men in all. +Forty-first, Forty-third, Fifty-ninth, Sixtieth, and Twenty-third: 220 men +in all. Some companies were entirely annihilated, having neither officer +nor private at the surrender. A company from Demopolis is said to have +lost all except 7 men, that is, 125 by death in the service.[660] The +census of 1866 contains the names of 8957 soldiers killed in battle, +13,534 who died of disease or wounds, and 2629 disabled for life.[661] +These are the only facts obtainable on which to base calculations, yet the +census was very imperfect, as hundreds of families were broken up, +thousands of men forgotten, and there was no one to give information +regarding them to the census taker. + +The white population decreased 3632 from 1860 to 1866, according to the +census of the latter year. But for the war, according to rate of increase +from 1850 to 1860, there should have been an increase of 50,000. In 1870 +the census showed a further decrease of 1415, due, perhaps, to the great +mortality just after the war. In other words, the white population was +about 100,000 less in 1870 than it would have been under normal +conditions, without immigration. Contemporary accounts state that the +negro suffered much more than the whites in the two years immediately +following the war, from starvation, exposure, and pestilence, and the +census of 1866 showed a decrease of 14,325 in the colored population, when +there should have been an increase of nearly 70,000 according to the rate +of 1850 to 1860, besides the 20,000 that it has been estimated were sent +into the interior of the state from other states to escape capture by the +raiding Federals. The census of 1866 was not accurate, for the negroes at +that time were in a very unsettled condition, wandering from place to +place. However, in 1870, the number of negroes had increased 37,740 over +the numbers for 1860, while the number of whites had decreased several +thousand, which would seem to indicate that the census of 1866 was +defective. But there is no doubt that the negroes suffered terribly during +this time.[662] + + +Destruction of Property + +Governor Patton, in a communication to Congress dated May 11, 1866, gives +the property losses in Alabama as $500,000,000,[663] which sum doubtless +includes the value of the slaves, estimated in 1860 at $200,000,000, or +about $500 each.[664] The value of other property in 1860 has been +estimated at $640,000,000, the assessed value, $256,428,893, being 40 per +cent of the real value.[665] + +A comparison of the census statistics of 1860 and of 1870 after five years +of Reconstruction will be suggestive:-- + + 1860 1870 + Value of farms $175,824,032 $54,191,229 + Value of live stock 43,411,711 21,325,076 + Value of farm implements 7,433,178 5,946,543 + Number of horses 127,000 80,000 + Number of mules 111,000 76,000 + Number of oxen 88,000 59,000 + Number of cows 230,000 170,000 + Number of other cattle 454,000 257,000 + Number of sheep 370,000 241,000 + Number of swine 1,748,000 719,000 + Improved land in farms, acres 6,385,724 5,062,204 + Corn crop, bushels 33,226,000 16,977,000 + (35,053,047 in 1899) + Cotton crop, bales 989,955 429,482 + (1,106,840 in 1899) + +Not until 1880 was the acreage of improved lands as great as in 1860.[666] +Live stock, valued at $43,000,000 in 1860, is still to-day $7,000,000 +behind. Farm implements and machinery in 1900 were worth $1,000,000 more +than in 1860, having doubled in value in the last ten years.[667] Land +improvements and buildings, worth $175,000,000 in 1860, were in 1900 still +more than $30,000,000 below that mark. The total value of farm property in +1860 was $226,669,511; in 1870, $97,716,055;[668] and in 1900, +$179,339,882. Though the population has increased twofold since 1860[669] +and the white counties have developed and the industries have become more +varied, agriculture has not yet reached the standard of 1860, the Black +Belt farmer is much less prosperous, and the agricultural system of the +old cotton belt has never recovered from the effects of the war. From the +theoretical point of view the abolition of slavery should have resulted in +loss only during the readjustment of industrial conditions. Yet +$200,000,000 capital had been lost; and, as a matter of fact, the +statistics of agriculture show that, while in the white counties in 1900 +there was a greater yield of the staple crops,--cotton and corn,--in the +black counties the free negroes of double the number do not yet produce as +much as the slaves of 1860.[670] + +The manufacturing establishments that had existed before the war or were +developed during that time were destroyed by Federal raids, or were +seized, sold, and dismantled after the surrender because they had +furnished supplies to the Confederacy. The public buildings used by the +Confederate authorities in all the towns and all over the country were +burned or were turned over to the Freedmen's Bureau. The state and county +public buildings in the track of the raiders were destroyed. The stocks of +goods in the stores were exhausted long before the close of the war. All +banking capital, and all securities, railroad bonds and stocks, state and +Confederate bonds, and currency were worth nothing. All the accumulated +capital of the state was swept away; only the soil and some buildings +remained. People owning hundreds of acres of land often were as destitute +as the poorest negro. The majority of people who had money to invest had +bought Confederate securities as a patriotic duty, and all the coin had +been drawn from the country. The most of the bonded debt was held in +Mobile, and that city lost all its capital when the debt was declared null +and void.[671] This city suffered severely, also, from a terrible +explosion soon after the surrender. Twenty squares in the business part +were destroyed.[672] + +[Illustration: DEVASTATION BY INVADING ARMIES 1861-1865.] + +Thousands of private residences were destroyed, especially in north +Alabama, where the country was even more thoroughly devastated than in the +path of Sherman through Georgia. The third year of the war had seen the +destruction of everything destructible in north Alabama outside of the +large towns, where the devastation was usually not so great. In Decatur, +however, nearly all the buildings were burned; only three of the principal +ones were left standing.[673] Tuscumbia was practically destroyed, and +many houses were condemned for army use.[674] The beautiful buildings of +the Black Belt were out of repair and fast going to ruin. Many of the +fine houses in the cities--especially in Mobile--had fallen into the hands +of the Jews. One place, which was bought for $45,000 before the war, was +sold with difficulty in 1876 for $10,000. Before the war there were +sixteen French business houses in Mobile; none survived the war. The port +of Mobile never again reached its former importance. In 1860, 900,000 +bales of cotton had been shipped from the port; in 1865-1866, 400,000 +bales; in 1866-1867, 250,000 bales; in 1876, 400,000 bales. There was no +disposition on the part of the Washington administration to remove the +obstructions in Mobile harbor. They were left for years and furnished an +excuse to the reconstructionists for the expenditure of state money.[675] +Nearly all the grist-mills and cotton-gins had been destroyed, mill-dams +cut, and ponds drained. The raiders never spared a cotton-gin. The cotton, +in which the government was interested, was either burned or seized and +sold, and private cotton, when found, fared in the same way. Cotton had +been the cause of much trouble to the commanders on both sides during the +war; it was considered the mainstay of the South before the war and the +root of all evil. So of all property it received the least consideration +from the Federal troops, and was very easily turned into cash. All farm +animals near the track of the armies had been carried away or killed by +the soldiers (as at Selma), or seized after the occupation by the troops. +Horses, mules, cows, and other domestic animals had almost disappeared +except in the secluded districts. Many a farmer had to plough with oxen. +Farm and plantation buildings had been dismantled or burned, houses +ruined, fences destroyed, corn, meat, and syrup taken. The plantations in +the Tennessee valley were in a ruined condition. The gin-houses were +burned, the bridges ruined, mills and factories gone, and the roads +impassable.[676] In the homes that were left, carpets and curtains were +gone, for they had been used as blankets and clothes, window glass was +out, furniture injured or destroyed, and crockery broken. In the larger +towns, where something had been saved from the wreck of war, the looting +by the Federal soldiers was shameful. Pianos, furniture, pictures, +curtains, sofas, and other household goods were shipped North by the +Federal officers during the early days of the occupation. Gold and silver +plate and jewellery were confiscated by the bummers who were with every +command. Abuses of this kind became so flagrant that the northern papers +condemned the conduct of the soldiers, and several ministers, among them +Henry Ward Beecher, rebuked the practice from the pulpit.[677] + +Land was almost worthless, because the owners had no capital, no farm +animals, no farm implements, in many cases not even seed. Labor was +disorganized, and the product of labor was most likely to be stolen by +roving negroes and other marauders. Seldom was more than one-third of a +plantation under cultivation, the remainder growing up in broom sedge +because laborers could not be gotten. When the Federal armies passed, many +negroes followed them and never returned. Numbers of them died in the +camps. When the war ended, many others left their old homes, some of whom +several years later came straggling back.[678] Land that would produce a +bale of cotton to the acre, worth $125, and selling in 1860 for $50 per +acre at the lowest, was now selling for from $3 to $5 per acre. Among the +negroes, especially after the occupation, there was a general belief, +which was carefully fostered by a certain class of Federal officials and +by some leaders in Congress, that the lands would be confiscated and +divided among the "unionists" and the negroes. When the state seceded, it +took charge of the public lands within its boundaries and opened them to +settlement. After the fall of the Confederacy those who had purchased +lands were required to rebuy them from the United States or to give up +their claims. Some lands were abandoned, as the owners were able neither +to cultivate nor to sell them, for there was no capital. In Cumberland, a +village, at one time there were ninety advertisements of sales posted in +the hotel. The planters often found themselves amid a wilderness of land, +without laborers, and often rented land free to some white man or to a +negro who would pay the taxes.[679] Many hundreds of the people could see +no hope whatever for the future of the state, and certainly the North was +not acting so as to encourage them. Hence there was heavy emigration to +Brazil, Cuba, Mexico, the northern and western states, and much property +was offered at a tenth of its value and even less. + +The heaviest losses fell upon the old wealthy families, who, by the loss +of wealth and by political proscription, were ruined. In middle life and +in old age they were unable to begin again, and for a generation their +names disappear from sight. Losses, debts, taxes, and proscriptions bore +down many, and few rose to take their places.[680] The poorer people, +though they had but little to lose, lost all, and suffered extreme poverty +during the latter years of the war and the early years of Reconstruction. +No wonder they were in despair and seemed for a while a menace to public +order. To the power and influence of the leaders succeeded in part a +second-rate class--the rank and file of 1861--upon whom the losses of the +war fell with less weight, and who were thrown to the front by the war +which ruined those above and those below them. They were the sound, +hard-working men--the lawyers, farmers, merchants, who had formerly been +content to allow brilliant statesmen to direct the public affairs. Now +those leaders were dead or proscribed, for poverty, war, reconstruction, +and political persecution rapidly destroyed the old ruling element, and +deaths among them after the war were very common. The men who rescued the +state in 1874 were the men of lesser ability of 1860, farmer subordinates +in the political ranks.[681] + + +The Wreck of the Railways + +The steamboats on the rivers were destroyed. At that time the steamers +probably carried as much freight and as many passengers as did the +railroads, and served to connect the railway systems. The railroads also +were in a ruined condition; depots had been burned, bridges and trestles +destroyed, tracks torn up, cross-ties burned or were rotten, rails worn +out or ruined by burning, cars and locomotives worn out or destroyed or +captured. The boards of directors and the presidents of the roads, because +of the aid they had given the Confederacy, were not considered safe +persons to trust with the reorganization of the system, and, in August, +1865, Stanton, the Secretary of War, directed that each southern railway +be reorganized with a "loyal" board of directors. + +In 1860 there were about 800 miles of railways in Alabama. Nearly all of +the roads were unfinished in 1861, and, except on the most important +military roads, little progress was made in their construction during the +war--only about 20 or 30 miles being completed. During this time all roads +were practically under the control of the Confederate government, which +operated them through their own boards of directors and other officials. +The various roads suffered in different degrees. At the close of the war, +the Tennessee and Alabama Railroad had only two or three cars that could +be used, the rails also were worn out, the locomotives out of order and +useless, nearly all the depots, bridges, and trestles destroyed, as well +as all of its shops, water tanks, machinery, books, and papers. The +Memphis and Charleston, extending across the entire northern part of the +state, fell into the hands of the Federals in 1862, who captured at +Huntsville nearly all of the rolling stock and destroyed the shops and +the papers. The rolling stock had been collected at Huntsville, ready to +be shipped to a place of less danger; but because of the treachery of a +telegraph operator who kept the knowledge of the approaching raid from the +officials, all was lost, for to prevent its falling into the hands of the +enemy much more was destroyed than was captured. When the Federals were +driven from a section of the road, they destroyed it in order to prevent +the Confederates from using it. The length of this road in the state was +155 miles, and 140 miles of the track were torn up, the rails heated in +the middle over fires of burning cross-ties, and the iron then twisted +around trees and stumps so as to make it absolutely useless. In 1865 very +little machinery of any kind was left. Besides this the company lost +heavily in Confederate securities, and the other losses (funds, etc.) +amounted to $1,195,166.79. + +The Mobile and Ohio lost in Confederate currency $5,228,562.23. +Thirty-seven miles of rails were worn out, 21 miles were burned and +twisted, 184 miles of road cleared of bridges, trestles, and stations, the +cross-ties burned, and the shops near Mobile destroyed. There were 18 of +59 locomotives in working order, 11 of 26 passenger cars, 3 of 11 baggage +cars, 231 of 721 freight cars. The Selma and Meridian lost its shops and +depots in Selma and Meridian, and its bridges over the Cahaba and Valley +creeks. It sustained a heavy loss in Confederate bonds and currency. The +Alabama and Tennessee Rivers Railroad lost a million dollars in +Confederate funds, its shops, tools, and machinery at Selma, 6 bridges, +its trestles, some track and many depots, its locomotives and cars. The +Wills Valley Road suffered but little from destruction or from loss in +Confederate securities. The Mobile and Great Northern escaped with a loss +of only $401,190.37 in Confederate money, and $164,800 by destruction, +besides the wear and tear on its track and rolling stock in the four years +without repairs. The Alabama and Florida Road lost in Confederate currency +$755,343,21. It had at the end of the war only 4 locomotives and 40 cars +of all descriptions. The people were so poor that in the summer of 1865 +this road, on a trip from Mobile to Montgomery and return, a distance of +360 miles, collected in fares only $13. The Montgomery and West Point, 161 +miles in length, and one of the best roads in the state, probably suffered +the heaviest loss from raids. It lost in currency $1,618,243, besides all +of its rolling stock that was in running order; much of the track was +torn up and rails twisted, all bridges and tanks and depots were +destroyed. Both Rousseau and Wilson tore up the track and destroyed the +shops and rolling stock at Montgomery and along the road to West Point and +also the rolling stock that had been sent to Columbus, Georgia. After the +surrender an old locomotive that had been thrown aside at Opelika and 14 +condemned cars were patched up, and for a while this old engine and a +couple of flat cars were run up and down the road as a passenger train. +The worn strap rails used in repairing gave much trouble. The fare was 10 +cents a mile in coin or 20 cents in greenbacks.[682] Every road in the +South lost rolling stock on the border. The few cars and locomotives left +to any road were often scattered over several states, and some of them +were never returned. + +As the Federal armies occupied the country, they took charge of the +railways, which were then run either under the direction of the War +Department or the railroad division of the army. After the war they were +returned to the stockholders as soon as "loyal" boards of directors were +appointed or the "disloyal" ones made "loyal" by the pardon of the +President. Contractors who undertook to reopen the roads in the summer of +1865 were unable to do so because the negroes refused to work. The +companies were bankrupt, for all money due them was Confederate currency, +and all they had in their possession was Confederate currency. Many debts +that had been paid by the roads during the war to the states and counties +now had to be paid again. All of the nine roads in the state attempted +reorganization, but only three were able to accomplish it, and these then +absorbed the others. None, it appears, were abandoned.[683] + + +SEC. 2. THE INTERREGNUM; LAWLESSNESS AND DISORDER + +Immediately after the surrender of the armies a general demand arose from +the people throughout the lower South that the governors convene the state +legislatures for the purpose of calling conventions which, by repealing +the ordinance of secession and abolishing slavery, could prepare the way +for reunion. This, it was thought, was all that the North wanted, and it +seemed to be in harmony with Lincoln's plan of restoration. General +Richard Taylor, when he surrendered at Meridian, Mississippi, advised the +governors of Tennessee, Alabama, and Mississippi to take steps to carry +out such measures; and General Canby, to whom Taylor surrendered the +department, indorsed the plan, as did also the various general officers of +the armies of occupation. But these generals were not in touch with +politics at Washington. The Federal government outlawed the existing +southern state governments, leaving them with no government at all. +Governor Watts and ex-Governors Shorter and Moore were arrested and sent +to northern prisons. A number of prominent leaders, among them John Gayle +of Selma and ex-Senators Clay and Fitzpatrick, were also arrested. The +state government went to pieces. General Canby was instructed by President +Johnson to arrest any member of the Alabama legislature who might attempt +to hold a meeting of the general assembly. Consequently, from the first of +May until the last of the summer the state of Alabama was without any +state government;[684] and it was only after several months of service as +provisional governor that Parsons was able to reorganize the state +administration. + +For six months after the surrender there was practically no government of +any kind in Alabama except in the immediate vicinity of the military +posts, where the commander exercised a certain authority over the people +of the community. A good commander could do little more than let affairs +take their course, for the great mass of the people only wanted to be left +alone for a while. They were tired of war and strife and wanted rest and +an opportunity to work their crops and make bread for their suffering +families. The strongest influence of the respectable people was exerted +in favor of peace and order. While much lawlessness appeared in the state, +it was not as much as might have been expected under the existing +circumstances at the close of the great Civil War. Much of the disorder +was caused by the presence of the troops, some of whom were even more +troublesome than the robbers and outlaws from whom they were supposed to +protect the people. The best soldiers of the Federal army had demanded +their discharge as soon as fighting was over, and had gone home. Those who +remained in the service in the state were, with few exceptions, very +disorderly, and kept the people in terror by their robberies and outrages. +Especially troublesome among the negro population, and a constant cause of +irritation to the whites, were the negro troops, who were sent into the +state, the people believed, in order to humiliate the whites. They were +commanded by officers who had been insulted and threatened all during the +war because of their connection with these troops, and this treatment had +embittered them against the southern people. The negro troops were +stationed in towns where Confederate spirit had been very strong, as a +discipline to the people. For months and even years after the surrender +the Federal troops in small detachments were accustomed to march through +the country, searching for cotton and other public property and arresting +citizens on charges preferred by the tories or by the negroes, many of +whom spent their time confessing the sins of their white neighbors. The +garrison towns suffered from the unruly behavior of the soldiers. The +officers, who were only waiting to be mustered out of service, devoted +themselves to drinking, women, and gambling. The men followed their +example. The traffic in whiskey was enormous, and most of the sales were +to the soldiers, to the lowest class of whites, and to the negroes. The +streets of the towns and cities such as Montgomery, Mobile, Selma, +Huntsville, Athens, and Tuscaloosa, were crowded with drunken and violent +soldiers. Lewd women had followed the army and had established +disreputable houses near every military post, which were the centre and +cause of many lawless outbreaks. Quarrels were frequent, and at a +disorderly ball in Montgomery, in the fall of 1865, a Federal officer was +killed. The peaceable citizens were plundered by the camp followers, +discharged soldiers, and the deserters who now crawled out of their +retreats. Sometimes these marauders dressed in the Federal uniforms when +on their expeditions, in order to cast suspicion on the soldiers, who were +often wrongfully charged with these crimes.[685] + +As one instance of the many outrages committed at this time the following +may be cited: in the summer of 1865, when all was in disorder and no +government existed in the state, a certain "Major" Perry, as his followers +called him, went on a private raid through the country to get a part of +anything that might be left. He was one of the many who thought that they +deserved some share of the spoils and who were afraid that the time of +their harvest would be short. So it was necessary to make the best of the +disordered condition of affairs. Perry was followed by a few white +soldiers, or men who dressed as soldiers, and by a crowd of negroes. At +his saddle-bow was tied a bag containing his most valuable plunder. From +house to house in Dallas and adjoining counties he and his men went, +demanding valuables, pulling open trunks and bureau and wardrobe drawers, +scattering their contents, and choosing what they wanted, tearing pictures +in pieces, and scattering the contents of boxes of papers and books in a +spirit of pure destructiveness. At one house they found some old shirts +which the mistress had carefully mended for her husband, who had not yet +returned from the army. One of the marauders suggested that they be added +to their collection. "Major" Perry looked at them carefully, but, as he +was rather choice in his tastes, rejected them as "damned patched things," +spat tobacco on them, and trampled them with his muddy boots. Incidents +similar to this were not infrequent, nor were they calculated to soften +the feelings of the women toward the victorious enemy. Their cordial +hatred of Federal officers was strongly resented by the latter, who were +often able to retaliate in unpleasant ways.[686] + +In southeast Alabama deserters from both armies and members of the +so-called First Florida Union Cavalry continued for a year after the close +of the war their practice of plundering all classes of people and +sometimes committing other acts of violence. Some persons were robbed of +nearly all that they possessed.[687] Joseph Saunders, a millwright of Dale +County, served as a Confederate lieutenant in the first part of the war. +Later he resigned, and being worried by the conscript officers, allied +himself with a band of deserters near the Florida line, who drew their +supplies from the Federal troops on the coast. Saunders was made leader of +the band and made frequent forays into Dale County, where on one occasion +a company of militia on parade was captured. The band raided the town of +Newton, but was defeated. After the war, Saunders with his gang returned +and continued horse-stealing. Finally he killed a man and went to Georgia, +where, in 1866, he himself was killed.[688] He was a type of the native +white outlaw. + +The burning of cotton was common. Some was probably burned because the +United States cotton agents had seized it, but the heaviest loss fell on +private owners. A large quantity of private cotton worth about $2,000,000, +that had escaped confiscation and had been collected near Montgomery, was +destroyed by the cotton burners.[689] Horse and cattle thieves infested +the whole state, especially the western part. Washington and Choctaw +counties especially suffered from their depredations.[690] The rivers were +infested with cotton thieves, who floated down the streams in flats, +landed near cotton fields, established videttes, went into the fields, +stole the cotton, and carried it down the river to market.[691] A band of +outlaws took passage on a steamboat on the Alabama River, overcame the +crew and the honest passengers, and took possession of the boat.[692] + +A secret incendiary organization composed of negroes and some discharged +Federal soldiers plotted to burn Selma. The members of the band wore red +ribbon badges. One of the negroes informed the authorities of the plot and +of the place of meeting, and forty of the band were arrested. The others +were informed and escaped. The military authorities released the +prisoners, who denied the charge, though some of their society testified +against them.[693] There were incendiary fires in every town in the +state, it is said, and several were almost destroyed. + +The bitter feeling between the tories and the Confederates of north +Alabama resulted in some places in guerilla warfare. The Confederate +soldiers, whose families had suffered from the depredations of the tories +during the war, wanted to punish the outlaws for their misdeeds, and in +many cases attempted to do so. The tories wanted revenge for having been +driven from the country or into hiding by the Confederate authorities, so +they raided the Confederate soldiers as they had raided their families +during the war. Some of the tories were caught and hanged. In revenge, the +Confederates were shot down in their houses, and in the fields while at +work, or while travelling along the roads. The convention called by +Governor Parsons declared that lawlessness existed in many counties of the +state and authorized Parsons to call out the militia in each county to +repress the disorder. They also asked the President to withdraw the +Federal troops, which were only a source of disorder,[694] and gave to the +mayors of Florence, Athens, and Huntsville special police powers within +their respective counties in order to check the lawless element, which was +especially strong in Lauderdale, Limestone, and Madison counties.[695] +These counties lay north of the Tennessee River, along the Tennessee +border. There was a disposition on the part of the civil and military +authorities in Alabama to attribute the lawlessness in north and northwest +Alabama to bands of desperadoes from Tennessee and Mississippi, but north +Alabama had numbers of marauders of her own, and it is probable that +Tennessee and Mississippi had little to do with it. Half a dozen men, +where there was no authority to check them, could make a whole county +uncomfortable for the peaceable citizens.[696] + +The Federal infantry commands scattered throughout the country were of +little service in capturing the marauders. General Swayne repeatedly asked +for cavalry, for, as he said, the infantry was the source of as much +disorder as it suppressed. The worst outrages, he added, were committed by +small bands of lawless men organized under various names, and whose chief +object was robbery and plunder.[697] After the establishment of the +provisional government an attempt was made to bring to trial some of the +outlaws who had infested the country during and after the war, and who +richly deserved hanging. They were of no party, being deserters from both +armies, or tories who had managed to keep out of either army. However, +when arrested they raised a strong cry of being "unionists" and appealed +to the military authorities for protection from "rebel" persecution, +though the officials of the Johnson government in Alabama were never +charged by any one else with an excess of zeal in the Confederate cause. +The Federal officials released all prisoners who claimed to be +"unionists." Sheriff Snodgrass of Jackson County arrested fifteen +bushwhackers charged with murder. They claimed to be "loyalists," and +General Kryzyanowski, commanding the district of north Alabama, ordered +the court to stop proceedings and to discharge the prisoners. This was not +done, and Kryzyanowski sent a body of negro soldiers who closed the court, +released the prisoners, and sent the sheriff to jail at Nashville.[698] +The military authorities allowed no one who asserted that he was a +"unionist" to be tried for offences committed during the war, and any +effort to bring the outlaws to trial resulted in an outcry against the +"persecution of loyalists." + +In August, 1865, Sheriff John M. Daniel of Cherokee County arrested and +imprisoned a band of marauders dressed in the Federal uniform, though they +had no connection with the army. A short time afterwards the citizens +asked him to raise a _posse_ and arrest a similar band which was engaged +in robbing the people, plundering houses, assaulting respectable citizens, +and threatening to kill them. And as such occurrences were frequent, +Sheriff Daniel, after consulting with the citizens, summoned a _posse +comitatus_ and went in pursuit of the marauders. One squad was encountered +which surrendered without resistance. A second, belonging to the same +band, approached, and, refusing to surrender, opened fire on the sheriff's +party. In the fight the sheriff killed one man. Upon learning that his +prisoners were soldiers and were on detail duty, he desisted from further +pursuit, released the citizens who were held as prisoners by the soldiers, +and turned his prisoners over to the military authorities. This was on +August 24. Daniel was at once arrested by the military authorities and +confined in prison at Talladega in irons. Six months later he had had no +trial, and the general assembly petitioned the President for his release, +claiming that he had acted in the faithful discharge of his duty.[699] The +memorial asserts that such outrages were of frequent occurrence. Another +petition to the President asked for the withdrawal of the troops, whose +presence caused disorder, and who at various times provoked unpleasant +collisions. Many of the troops, remote from the line of transportation, +subsisted their stock upon the country. This was a hardship to the people, +who had barely enough to support life.[700] + +For several years the arbitrary conduct of some of the soldiers was a +cause of bad feeling on the part of the citizens.[701] But the soldiers +were very often blamed for deeds done by outlaws disguised as Federal +troops. In northern Alabama a party of northern men bought property, and +complained to Governor Parsons of the depredations of the Federal troops +stationed near and asked for protection. Parsons could only refer their +request to General Davis at Montgomery, and in the meantime the troops +complained of drove out of the community the signers of the request for +protection. One of them, an ex-captain in the United States army, was +ordered to leave within three hours or he would be shot.[702] The +soldiers, except at the important posts, were under slack discipline, and +their officers had little control over them. At Bladen Springs some negro +troops shot a Mr. Bass while he was in bed and beat his wife and children +with ramrods. They drove the wife and daughters of a Mr. Rhodes from home +and set fire to the house. The citizens fled from their homes, which were +pillaged by the negro soldiers in order to get the clothing, furniture, +books, etc. The trouble originated in the refusal of the white people to +associate with the white officers of the colored troops.[703] These +negroes had little respect for their officers and threatened to shoot +their commanding officers.[704] At Decatur the negro troops plundered and +shot into the houses of the whites. In Greensboro a white youth struck a +negro who had insulted him, and was in turn slapped in the face by a +Federal officer, whom he at once shot and then made his escape. The negro +population, led by negro soldiers, went into every house in the town, +seized all the arms, and secured as a hostage the brother of the man who +had escaped. A gallows was erected and the boy was about to be hanged when +his relatives received an intimation that money would secure his release. +With difficulty about $10,000 was secured from the people of the town and +sent to the officer in command of the district. No one knows what he did +with the money, but the young man was released.[705] + +Before the close of 1865, the commanding officers were reducing the troops +to much better discipline and many were withdrawn. The provisional +government also grew stronger, and there was considerably less disorder +among the whites, though the blacks were still demoralized. + + +SEC. 3. THE NEGRO TESTING HIS FREEDOM + +The conduct of the negro during the war and after gaining his freedom +seemed to convince those who had feared that insurrection would follow +emancipation that no danger was to be feared from this source. Most of the +former slaveholders, who were better acquainted with the negro character +and who knew that the old masters could easily control them, at no time +feared a revolt of the blacks unless under exceptional circumstances. It +was only when the wretched characters who followed the northern armies +gained control of the negro by playing upon his fears and exciting his +worst passions that the fear of the negro was felt by many who had never +felt it before, and who have never since been entirely free from this +fear. + +When the Federal armies passed through the state, the negroes along the +line of march followed them in numbers, though many returned to the old +home after a day or two. Yet all were restless and expectant, as was +natural. During the war they had understood the questions at issue so far +as they themselves were concerned, and now that the struggle was decided +against their masters they looked for stranger and more wonderful things, +not so much at first, however, as later when the negro soldiers and the +white emissaries had filled their minds with false impressions of the new +and glorious condition that was before them. For several weeks before the +master came home from the army the negroes knew that, as a result of the +war, they were free. They, however, worked on, somewhat restless, of +course, until he arrived and called them up and informed them that they +were free. This was the usual way in which the negro was informed of his +freedom. The great majority of the blacks, except in the track of the +armies, waited to hear from their masters the confirmation of the reports +of freedom. And the first thing the returning slaveholder did was to +assemble his negroes and make known to them their condition with its +privileges and responsibilities. It did not enter the minds of the masters +that any laws or constitutional amendments were necessary to abolish +slavery. They were quite sure that the war had decided the question. Some +of the legal-minded men, those who were not in the army and who read their +law books, were disposed to cling to their claims until the law settled +the question. But they were few in number.[706] + + +How to prove Freedom + +The negro believed, when he became free, that he had entered Paradise, +that he never again would be cold or hungry, that he never would have to +work unless he chose to, and that he never would have to obey a master, +but would live the remainder of his life under the tender care of the +government that had freed him. It was necessary, he thought, to test this +wonderful freedom. As Booker Washington says, there were two things which +all the negroes in the South agreed must be done before they were really +free: they must change their names and leave the old plantation for a few +days or weeks. Many of them returned to the old homes and made contracts +with their masters for work, but at the same time they felt that it was +not proper to retain their old master's name, and accordingly took new +ones.[707] + +Upon leaving their homes the blacks collected in gangs at the cross-roads, +in the villages and towns, and especially near the military posts. To the +negro these ordinary men in blue were beings from another sphere who had +brought him freedom, which was something that he did not exactly +understand, but which he was assured was a delightful state. The towns +were filled with crowds of blacks who left their homes with absolutely +nothing, thinking that the government would care for them, or, more +probably, not thinking at all. Later, after some experience, they were +disposed to bring with them their household goods and the teams and wagons +of their former masters. This was the effect that freedom had upon +thousands; yet, after all, most of the negroes either stayed at their old +homes, or, that they might feel really free, moved to some place near by. +But among the quietest of them there was much restlessness and neglect of +work. Hunting and fishing and frolics were the duties of the day. Every +man acquired in some way a dog and a gun as badges of freedom. It was +quite natural that the negroes should want a prolonged holiday to enjoy +their new-found freedom; and it is rather strange that any of them worked, +for there was a universal impression, vague of course in the remote +districts--the result of the teachings of the negro soldiers and of the +Freedmen's Bureau officials--that the government would support them. Still +some communities were almost undisturbed. The advice of the old plantation +preachers held many to their work, and these did not suffer as did their +brothers who flocked to the cities. Many negro men seized the opportunity +to desert their wives and children and get new wives. It was considered a +relic of slavery to remain tied to an ugly old wife, married in slavery. +Much suffering resulted from the desertion, though, as a rule, the negro +mother alone supported the children much better than did the father who +stayed.[708] + +In many districts the negro steadily refused to work, but persisted in +supporting himself at the expense of the would-be employer. Thousands of +hogs and cattle that had escaped the raiding armies or the Confederate +tithe gatherer went to feed the hungry African whom the Bureau did not +supply. The Bureau issued rations only three times a week, and as the +homeless negro had nowhere to keep provisions for two or three days, there +would be a season of plenty and then a season of fasting. The Bureau +reached only a small proportion of the negroes; and, of those it could +reach, many, in spite of the regulations, neglected to apply for relief. +By causing the negroes to crowd into the towns and cities the Bureau +brought on much of the want that it did not relieve. The complaint was +made that in the worst period of distress the soldiers in charge of the +issue of supplies made no effort to see that the negroes were cared for. +It was easier also for the average negro to pick up pigs and chickens than +to make trips to the Bureau. During the summer the roving negro lived upon +green corn from the nearest fields and blackberries from the fence corners +and pine orchards. With the approach of winter suffering was sure to come +to those who were now doing well in a vagrant way, but winter was to them +too far in the future to trouble them. + +The negroes soon found that freedom was not all they had been led to +expect. A meeting of 900 blacks held near Mobile decided by a vote of 700 +to 200 to return to their former masters and go to work to make a living, +since their northern deliverers had failed to provide for them in any +way.[709] + +The negro preacher, especially those lately called to preach, and the +northern missionaries had, during the summer and fall, a flourishing time +and a rich harvest. A favorite dissipation among the negroes was going to +church services as often as possible, especially to camp-meetings where he +or she could shout. It was another mark of freedom to change one's church, +or to secede from the white churches. All through the summer of 1865 the +revival meetings went on, conducted by new self-"called" colored preachers +and the missionaries. The old plantation preachers, to their credit be it +remembered, frowned upon this religious frenzy. The people living near the +places of meetings complained of the disappearance of poultry and pigs, +fruit and vegetables after the late sessions of the African congregations. +The various missionaries filled the late slave's head with false notions +of many things besides religion, and gathered thousands into their folds +from the southern religious organizations. Baptizings were as popular as +the opera among the whites to-day. That ceremony took place at the river +or creek side. Thousands were sometimes assembled, and the air was +electric with emotion. The negro was then as near Paradise as he ever came +in his life. The Baptist ceremony of immersion was preferred, because, as +one of them remarked, "It looks more like business." Shouting they went +into the water and shouting they came out. One old negro woman was +immersed in the river and came out screaming: "Freed from slavery! freed +from sin! Bless God and General Grant!"[710] + + +Suffering among the Negroes + +The negroes massed in the towns lived in deserted and ruined houses, in +huts built by themselves of refuse lumber, under sheds and under bridges +over creeks, ravines, and gutters, and in caves in the banks of rivers and +ravines. Many a one had only the sky for a roof and the ground in a fence +corner for a bed. They were very scantily clothed. Food was obtained by +begging, stealing, or from the Bureau. Taking from the whites was not +considered stealing, but was "spilin de Gypshuns." The food supply was +insufficient, and was badly cooked when cooked at all. It was not possible +for the army and the Freedmen's Bureau, which came later, to do half +enough by issuing rations to relieve the suffering they caused by +attracting the negroes to the cities. While in slavery the negro had been +forced to keep regular hours, and to take care of himself; he had plenty +to eat and to wear, and, for reasons of dollars and cents, if for no +other, his health was looked after by his master. Now all was changed. The +negroes were like young children left to care for themselves, and even +those who remained at home suffered from personal neglect, since they no +longer could be governed in such matters by the directions of the whites. +Among the negroes in the cities and in the "contraband" camps the sanitary +conditions were very bad. To make matters infinitely worse disease in its +most loathsome forms broke out in these crowded quarters. Smallpox, +peculiarly fatal to negroes, raged among them for two years and carried +off great numbers. The Freedmen's Bureau had established hospitals for +the negroes, but it could not or would not care for the smallpox patients +as carefully as for other sickness. In Selma, for instance, the city +authorities had been sending the negroes who were ill to one of the city +hospitals. But the military authorities interfered, took the negroes away, +and informed the city authorities that the negroes were the especial wards +of the government, which would care for them at all times. When smallpox +broke out, the military authorities in charge of the Bureau refused to +have anything to do with the sick negroes, and left them to the care of +the town.[711] Consumption and venereal diseases now made their +appearance. The relations of the soldiers of the invading army and the +negro women were the cause of social demoralization and physical +deterioration. An eminent authority states that from various causes the +efficient negro population was reduced by one-fourth.[712] Though this +estimate must be too large, still the negro population decreased between +1860 and 1866, as the census of the latter year shows,[713] in spite of +the fact that thousands of negroes[714] were sent into Alabama during the +war from Georgia, Mississippi, Tennessee, and Florida to escape capture by +the Federal armies. The greatest mortality was among the negroes in the +outskirts of the cities and towns. Some of the loss of population must be +ascribed to the enrolment of negroes as soldiers and to the capture of +slaves by the Federal armies.[715] For several years after the war young +negro children were scarce in certain districts. They had died by hundreds +and thousands through neglect.[716] + + +Relations between Whites and Blacks + +For a year or two the relations between the blacks and whites were, on the +whole, friendly, in spite of the constant effort of individual northerners +and negro soldiers to foment trouble between the races. As a result of the +work of outsiders, there was a growing tendency to insolent conduct on the +part of the younger negro men, who were convinced that civil behavior and +freedom were incompatible. On the part of some there was a disposition not +to submit to the direction of the white men in their work, and the negro's +advisers warned him against the efforts of the white man to enslave him. +Consequently he refused to make contracts that called for any +responsibility on his part, and if he made a contract the Bureau must +ratify it, and, as he had no knowledge of the obligation of contracts, he +was likely to break it. In an address of the white ministers of Selma to +the negroes, they said that papers had been circulated among the negroes +telling them that they were hated and detested by the whites, and that +such papers caused bad feeling, which was unfortunate, as the races must +live together, and the better the feeling, the better it would be for +both. At first, the address added, there was some bad feeling when certain +negroes, in order to test their freedom, became impudent and insulting, +but on the part of the white man this feeling was soon changed. Later the +negroes were poisoned against their former masters by listening to lying +whites, and then they refused to work. The ministers warned the negroes +against their continual idleness and their immoral lives, and told them +that those of them who pretended to work were not making one bushel of +corn where they might make ten, and that the whites wanted workers. The +self-respecting negroes were asked to use their influence for the +bettering of the worthless members of their race.[717] + +When the negroes became convinced that the government would not support +them entirely, they then took up the notion that the lands of the whites +were to be divided among them. In the fall of 1865 there was a general +belief that at Christmas or New Year's Day a division of property would be +made, and that each negro would get his share--"forty acres of land and an +old gray mule" or the equivalent in other property. The soldiers and the +officials of the Freedmen's Bureau were responsible for putting these +notions into the heads of the negroes, though General Swayne endeavored to +correct such impressions. The effect of the belief in the division of +property was to prevent steady work or the making of contracts. Many +ceased work altogether, waiting for the division. In many cases northern +speculators and sharpers deceived the negroes about the division of land, +and, in this way, secured what little money the latter had. + +The trust that the negro placed in every man who came from the North was +absolute. They manifested a great desire to work for those who bought or +leased plantations in the South, and nearly all observers coming from the +North in 1865 spoke of the alacrity with which the blacks entered into +agreements to work for northern men. At the same time there was no ill +feeling toward the southern whites; only, for the moment, they were +eclipsed by these brighter beings who had brought freedom with them. Two +years' experience at the most resulted in a thorough mutual distrust. The +northern man could make no allowances for the difference between white and +negro labor, he expected too much; the negro would not work for so hard a +taskmaster. + +The northern newspaper correspondents who travelled through the South in +1865 agreed that the old masters were treating the negroes well, and that +the relations between the races were much more friendly than they had +expected to find. When cotton was worth fifty cents a pound, it was to the +interest of the planter to treat the negro well, especially as the negro +would leave and go to another employer on the slightest provocation or +offer of better wages. The demand for labor was much greater than the +supply. The lower class of whites, the "mean" or "poor whites," as the +northern man called them, were hostile to the negro and disposed to hold +him responsible for the state of affairs, and, in some cases, mistreated +him. The negro, in turn, made many complaints against the vicious whites, +and against the policemen in the towns, who were not of the highest type, +and who made it hard for Sambo when he desired to hang around town and +sleep on the sidewalks. One correspondent said that the Irish were +especially cruel to the negroes. + +The negro freedman undoubtedly suffered much more from mistreatment by low +characters than the negro slave had suffered. In slavery times his master +saw that he was protected. Now he had no one to look to for protection. +The strongest influence of the great majority of the whites was used +against any mistreatment of the negro, and the meaner element of the +whites was suppressed as much as it was possible to do when there was no +authority except public opinion. All in all the negro had less ill +treatment than was to be expected, and suffered much more from his own +ignorance and the mistaken kindness of his friends.[718] + + +SEC. 4. DESTITUTION AND WANT IN 1865 AND 1866 + +When the war ended, there was little good money in the state, and industry +was paralyzed. The gold and silver that remained was carefully hoarded, +and for months there was none in circulation except in the towns. A +Confederate officer relates that on his way home, in 1865, he gave $500 in +Confederate currency to a Federal soldier for a silver dime, and that this +was the only money he saw for several weeks. The people had no faith in +paper money of any kind, and thought that greenbacks would become +worthless in the same way as Confederate currency. All sense of values had +been lost, which may account for the fabulous and fictitious prices in the +South for several years after the war, and the liberality of +appropriations of the first legislature after the surrender, which in +small matters was severely economical. The legislators had been accustomed +to making appropriations of thousands and even millions of dollars, with +no question as to where the money was to come from, for the state had +three public printers to print money. Now it was hard to realize that +business must be brought to a cash basis. + +Here and there could be found a person who had a bale or two of cotton +which he had succeeded in hiding from the raiders and the Treasury agents. +This was sold for a good price and relieved the wants of the owner; but +those who had cotton to sell often spent the money foolishly for gewgaws +and fancy articles to eat and wear, such as they had not seen for several +years. There was an almost maddening desire for the things which they had +once been accustomed to, and which the traders and speculators now placed +in tempting array in the long-empty store windows. But the majority of the +people had no cotton to sell, and in many cases a pig or a cow was driven +ten or fifteen miles to sell for a little money to buy necessaries, or +frequently trinkets. + +In certain parts of the state the crops planted by the negroes were in +good condition in April, 1865, but after the invasions they were +neglected, and in thousands of cases the negroes went away and left them. +In the white counties conditions were as bad as it was possible to be. +Half of the people in them had been supported by state and county aid +which now failed. Nearly all the men were injured or killed, and there +were no negroes to work the farms. The women and the children did +everything they could to plant their little crops in the spring of 1865, +but often not even seed corn was to be had. All over the state, where it +was possible, the returning soldiers planted late crops of corn, and in +the Black Belt they were able to save some of the crops planted by the +negroes. But in the white counties, especially in the northern part of the +state, nothing could be done. Often the breadwinner had been killed in the +war, and the widow and orphans were left to provide for themselves. The +late crops were almost total failures because of the drought, not +one-tenth of the crop of 1860 being made. In this section everything that +would support life had been stripped from the country by the contending +armies and the raiding bands of desperadoes. A double warfare had +devastated the country, "tories" raiding their neighbors and _vice versa_; +and the bitter state of feeling prevented neighbor from relieving +neighbor. But the "Unionists," who were sure that their turn had come, +wanted the destitute cared for, even if some were fed "who curse us as +traitors." This part of the country had been supported by the central +Black Belt counties, but in 1865 the supply was exhausted. In the cotton +counties there was enough to support life, and had the negroes remained at +home and worked, they would not have suffered. As it was, those who left +the plantation were decimated by disease and want. Soon after the +occupation, the army officers distributed the supplies captured from the +Confederates among the needy whites and blacks who applied for aid. But +many out of reach of aid starved, and especially did this happen among the +aged and helpless who made no appeal for aid, but who died in silence +from want of shelter and food. + +After several months the Freedmen's Bureau, under the charge of General +Swayne, who was a man of discretion and common sense, and who understood +the real state of affairs, extended its assistance to the destitute +whites. Among the negroes the Bureau created much of the misery it +relieved, for in the cotton belt there was enough to support life; and had +the negroes not flocked to the Bureau, they would have lived in plenty. +Besides, the aged and infirm negroes were not assisted by the Bureau, but +remained with their master's people, who took care of them. But the +generous assistance extended by that much-abused institution saved many a +poor white from starvation. In the fall of 1865, 139,000 destitute whites +were reported to the provisional government. They were mostly in the +mountain counties of north and northeast Alabama, though in southeast +Alabama there was also much want. And in Governor Parsons's last message +to the legislature (December, 1865), he stated that those in need of food +numbered 250,000.[719] A state commissioner for the destitute was +appointed to coöperate with General Swayne and the Freedmen's Bureau. The +legislature appropriated $500,000 in bonds to buy supplies for the poor, +but the attitude of Congress toward the Johnson state governments +prevented the sale of state securities. However, the governor went to the +West and succeeded in getting some supplies. In December, 1865, it was +believed that there were 200,000 people who needed assistance in some +degree. + +The failure of the crops in 1865 left affairs in even a worse condition +than before. Small farmers could not subsist while making a new crop, and +many widows and children were in great need. Some of the latter walked +thirty or forty miles for food for themselves and for those at home.[720] + +In January, 1866, the state commissioner, M. H. Cruikshank, reported to +Governor Patton that 52,921 whites were entirely destitute. These were +mostly in the counties of Bibb, Shelby, Jefferson, Talladega, St. Clair, +Cherokee, Blount, Jackson, Marshall, all white counties; nine other +counties had not been heard from.[721] During the same month, a Freedmen's +Bureau official who travelled through the counties of Talladega, Bibb, +Shelby, Jefferson, and Calhoun reported that the suffering among the +whites was appalling, especially in Talladega County. The Freedmen's +Bureau had neglected the poor whites, though there was little suffering in +the richer sections where the negroes lived. He stated that near Talladega +many white families were living in the woods with no shelter except the +pine boughs, and this in the middle of winter.[722] + +In Randolph County, in January, 1866, the probate judge said that 5000 +persons were in need of aid. Most of these had been opposed to the +Confederacy. The "unionists" complained that the Confederate foragers had +discriminated against them, which, while very likely true, was more than +offset by the depredations of the tories and Federals on the Confederate +sympathizers. All accounts agree that the Confederate sympathizers were in +the worse condition; many of them had not tasted meat for months. But +charges were brought that the probate judges of the provisional +government, who certainly were not strong Confederates, did not fairly +distribute provisions among the "damned tories," as the latter complained +that they were called.[723] The state commissioner could relieve only +about one-tenth of the destitute whites. In January, 1866, he gave +assistance in the form of meal, corn (and sometimes a little meat) to 5245 +whites and 2426 blacks; in February, to 13,083 whites and to 4107 blacks; +and in March, to 17,204 whites and to 5877 blacks, most of whom were women +and children, the men receiving assistance being old, infirm, or crippled. +General Swayne of the Freedmen's Bureau helped Cruikshank in every way he +could, and took charge of some of the negroes. But owing to the failure of +the crops in 1865, the situation was growing worse, and there was no hope +for any relief until the summer of 1866 when vegetables and corn would +ripen.[724] + +In May, 1866, Governor Patton said that of 20,000 widows and 60,000 +orphans, three-fourths were in need of the necessaries of life, that they +had been able to do very little for themselves, even those who had land +being unable to work it to any advantage, and that their corn crop of the +previous year had failed.[725] There is little doubt that many died from +lack of food and shelter during 1865 and 1866, but in the disordered times +incomplete records were kept. Many cases of starvation were reported, +especially in north Alabama, but few names can now be obtained. Near +Guntersville there were three cases of starvation, while hundreds were in +an almost perishing condition. From Marshall County, where, it was said, +there were 2180 helpless and destitute persons and 2000 who were able to +work, but could get nothing to do, it was reported that not more than +twenty people had more than enough to supply their own needs. The people +of Cherokee County, when on the verge of starvation, appealed to south +Alabama for aid. They asked for corn, and said that if they could not get +it they must leave the country. Hundreds, they said, had not tasted meat +for months, and farm stock was in a wretched condition. Nashville sent +$15,000 and Montgomery $10,000 to buy provisions for them.[726] From Coosa +County much distress was reported among the old people, widows, children, +refugees, and the families whose heads had returned from the army too late +to make a crop. However, the negroes in this section who had remained on +their farms had made good crops and were doing well.[727] In the valley of +the Coosa, in northeast Alabama, several cases of starvation were +reported. One woman went seventeen miles for a peck of meal, but died +before she could reach home with it. Another, after fasting three days, +walked sixteen miles to obtain supplies, and failing, died. One family +lived on boiled greens, with no salt nor pepper, no meat nor bread. An old +woman, living eighteen miles from Guntersville, walked to that village to +get meal for her grandchildren. It has been estimated that there were +20,000 people in the five counties south of the Tennessee +river--Franklin, Lawrence, Morgan, Marshall, De Kalb--in a state of want +bordering on starvation.[728] + +The majority of the destitute whites never appealed for aid, but managed, +though half starved, to live until better times. Numbers left the land of +famine and went where there was plenty, and where they could get work. +Others who could not emigrate and those broken in spirit received +assistance. From January to September, 1866, 15,000 to 20,000 whites, and +4000 to 14,000 negroes were aided each month by the Freedmen's Bureau and +by the state. Most of these were women and children, the rule being not to +assist able-bodied whites except in extreme cases. + +In 1866 the state succeeded in selling some of its bonds, and raised money +in other ways. Much was spent for supplies for the poor, for in 1866 the +crops almost failed again. From November, 1865, to September, 1866, the +Freedmen's Bureau and the state commissioner issued, to black and white, +3,789,788 rations. There were also large donations from the West and from +Tennessee and Kentucky. After this the Freedmen's Bureau gave less, though +during the year from September, 1866, to September, 1867, it issued +214,305 rations to whites and 274,399 to blacks. To the whites, and partly +to the blacks, the issue of provisions was made under the general +supervision of General Swayne, and through state agents in each county who +were acceptable to Swayne.[729] + +In November, 1867, the Freedmen's Bureau reported that there were 10,000 +whites and 50,000 blacks without means of support, and 450,000 rations per +month were asked for. It would have been much better to have put an end to +relief work, since by this time the officials of the Freedmen's Bureau +were very active in politics and showed a disposition to report their +political henchmen as destitute and in need of support. And in another way +there was much abuse of the charity of the government, for some +broken-down, spiritless people would never work for themselves as long as +they could draw rations for nothing. The negroes, especially, were +demoralized by the issue of rations. Fear of the contempt of their +neighbors would drive all but the meaner class of whites back to work, but +the negro came to believe that he would be supported the rest of his life +by the government. + +As late as October, 1868, it was reported that there was great want in +middle and south Alabama, and soup houses were established by the state +and the Bureau in Mobile, Huntsville, Selma, Montgomery, and other central +Alabama towns.[730] The location of the soup kitchens, and the date, lead +one to suspect that politics, perhaps, had something to do with the +matter. These towns were the very places where there was less want than +anywhere else in the state, but Grant was to be elected, and there were +many negro votes. + +For more than two years after the war in all the small towns were seen +emaciated persons who had come long distances to get food. General Swayne +thought the condition of the poor white much worse than that of the negro. +The latter, he said, was hindered by no wounds nor by a helpless family, +for his aged and helpless kin were cared for at the old master's. The +"refugees," as the poor whites were called who had but little and lost all +by the war, lived in a different part of the country,--in the mountains +and in the pine woods,--beyond the reach of work or help, clinging to the +old home places in utter hopeless desolation. For the negro, Swayne +thought, there was hope, but for the "refugee" there was none; he existed +only.[731] + +It was years before a large number of the people again attained a +comfortable standard of living. Some gave up altogether. Many died in the +struggle. Numbers left the country; others, in reach of assistance, became +trifling and worthless from too much aid. In later years the opening of +mines and the building of railroads in north Alabama, the lumber industry +and the rapid development of south Alabama, saved the "refugee" from the +fate that General Swayne thought was in store for him. + + + + +CHAPTER VI + +CONFISCATION AND THE COTTON TAX + + +SEC. 1. CONFISCATION FRAUDS + +Restrictions on Trade in 1865 + +At the time of the collapse of the Confederacy trade within the state of +Alabama was subject to the following regulations: gold and silver was in +no case to be paid for southern produce; all trade was to be done through +officers appointed by the United States Treasury Department;[732] the +state was divided into districts and sub-districts called agencies, under +the superintendence of these Treasury agents, whose business it was to +regulate trade, and collect captured, abandoned, and confiscable property; +in making purchases of cotton, and other produce the agents were to pay +only three-fourths of the value, or to purchase the produce at +three-fourths its value, and then at once resell it to the former owner at +full value, with permission to export or ship to the North; in order to +get permission to sell, the owner must take the Lincoln amnesty oath of +December 8, 1863; there was, besides, an internal revenue tax of two cents +a pound, and a shipping fee of four cents a pound.[733] So for a month +after the surrender the person who owned cotton near any port or place of +sale had to sell to United States Treasury agents, or pretended agents, +and have twenty-five per cent to fifty per cent of the value of his cotton +deducted before it could be sent North. On May 9, 1865, a regulation +provided that "all cotton not produced by persons _with their own labor_ +or with the labor of _freedmen_ or others employed and _paid_ by them, +must, before shipment to any port or place in a loyal state, be sold to +and resold by an officer of the government ... and before allowing any +cotton or other product to be shipped ... the proper officer must require +a certificate from the purchasing agent or the internal revenue officer +that the cotton proposed to be shipped had been resold by him or that 25 +per cent of the value thereof has been paid to such purchasing agent in +money."[734] + +This was in accord with the general policy of Johnson, at first, viz. to +punish the slaveholding class and to favor the non-slaveholders. Cotton +was then worth $250 or more a bale, and cotton raised by slave labor had +to pay the 25 per cent tax--$60 to $75. However, the regulations ordered +that no other fees were to be exacted after the fourth was taken. Nearly +all the cotton not yet destroyed was in the Black Belt, and was raised by +slave labor. The few people who had cotton raised by their own labor might +sell it after paying the tax of three cents a pound, or $12 to $15 a bale. + +May 22, 1865, the proclamation of the President removed restrictions on +commercial intercourse except as to the right of the United States to +property purchased by agents in southern states, and except as to the 25 +per cent tax on purchases of cotton. No exceptions were made to the 25 per +cent tax. The ports were to be opened to foreign commerce after July 1, +1865.[735] After June 30, 1865, restrictions as to trade were removed +except as to arms, gray cloth, etc.[736] And after August 29, 1865, even +contraband goods might be admitted on license.[737] + + +Federal Claims to Confederate Property + +The confiscation laws relating to private property under which the army +and Treasury agents were acting in Alabama in 1865 were: (1) the act of +July 17, 1862, which authorized the confiscation and sale of property as a +punishment for "rebels"; (2) the act of March 12, 1863, which authorized +Treasury agents to collect and sell "captured and abandoned" +property,--but a "loyal" owner might within two years after the close of +the war prove his claim, and "that he has never given any aid or comfort" +to the Confederacy, and then receive the proceeds of the sales, less +expenses; (3) the act of July 2, 1864, authorizing Treasury agents to +lease or work abandoned property by employing refugee negroes. "Abandoned" +property was defined by the Treasury Department as property the owner of +which was engaged in war or otherwise against the United States, or was +voluntarily absent. According to this ruling all the property of +Confederate soldiers was "abandoned" and might be seized by Treasury +agents. North Alabama suffered from the operation of these laws from their +passage until late in 1865, the rest of Alabama only in 1865. + +The blockade prevented the people from disposing of most of the cotton +raised during the war; there were heavy crops in 1860, 1861, 1862, and +small ones in 1863 and 1864. The number of bales produced in 1859 was +989,955; in 1860, about the same; and less in 1861 and 1862. + +Comparatively little cotton was sent out on blockade-runners, and not very +much was sent through the lines from the cotton belt proper, so that at +the close of the war there were many thousands of bales of cotton in the +central counties of the state. Cotton was selling for high prices--30 +cents to $1.20 a pound, or $200 to $500 a bale. It was almost the sole +dependence of the people to prevent the severest suffering. The state and +Confederate governments had some kind of a claim on much of the cotton +early in 1865. No one knew how much nor exactly where all of the +Confederate cotton was stored, and it bore no marks that would distinguish +it from private cotton. But the records surrendered by General Taylor and +others showed who had subscribed to the Cotton or Produce Loan. Many +thousand bales had been destroyed by the raiders in 1864 and 1865, and +many thousand more had been burned by Confederate authorities to prevent +its falling into the hands of the Federals.[738] + +On October 30, 1864, a report was made to Secretary of the Treasury[739] +Trenholm which showed the amount of Confederate cotton in the southern +states. By far the greater part that was still on hand was in Alabama. In +this state the Confederacy had received as subscriptions to the Produce +Loan, 134,252 bales, at an average cost of $101.55, in all, +$13,633,621.90. Other sales or subscriptions on other products to this +Produce or Cotton Loan raised the amount in Alabama to $16,691,500. +Alabama, as one of the producing states, and the one least affected by the +ravages of war, furnished to all of these loans more produce than any +other state.[740] The people, unable to sell their cotton abroad, +exchanged some of it for Confederate bonds. Several thousand bales (6000 +in 1864) were gathered by the cotton tithe. After shipping several +thousand bales through the blockade, and smuggling some through the lines, +and after some destruction by the enemy, or to prevent seizure by the +enemy, there remained in the state, in the fall of 1864, 115,450 bales of +Confederate cotton. Nearly all of this was destroyed in 1865, before the +surrender, by Federals and Confederates, and very little remained which +the Federal government could rightfully claim as Confederate property. +This claim was based on the theory that cotton subscribed to the Produce +Loan was devoted to the aid of the Confederacy, in intention at least, and +therefore was forfeited to the United States, even though the owner had +never delivered the cotton or other produce, and though the United States +held that the Confederacy could not legally acquire property.[741] There +were three classes of property claimed by the United States: (1) +"captured" property or anything seized by the army and navy; (2) +"abandoned" property, the owner being in the Confederate service, no +matter whether his family were present or not; (3) "confiscable" property, +or that liable to seizure and sale under the Confiscation Act of July 17, +1862. Until 1865, all sorts of property were seized and used by the +Federal forces, or, if portable, sent North for sale. Live stock, planting +implements and machinery, wagons, etc., were in some cases sent North and +sold;[742] but most was used on the spot. + +After the surrender the Secretary of Treasury ordered household furniture, +family relics, books, etc., to be restored to all "loyal" owners or to +those who had taken the amnesty oath.[743] In no case had a person who +could not prove his or her "loyalty" any remedy against seizure of +property. Until the surrender the people of north Alabama were despoiled +of all property that could be moved, and after the surrender the same +policy was pursued all over the state, especially in regard to cotton. No +right of property in cotton was there recognized, but by a previous law a +"loyal" owner had until two years after the war to prove his claim and his +"loyalty."[744] + +The Attorney-General delivered an opinion, July 5, 1865, that cotton and +other property seized by the agents or the army was _de facto_ and _de +jure_, _captured_ property, and that neither the President nor the +Secretary of the Treasury had the power to restore such property to the +former owners. They must go through the courts, and under the laws only +"loyal" claimants had any basis for claims, and "loyalty" must first be +determined by the courts.[745] After the opinion of the Attorney-General, +Secretary McCulloch followed it so far as captures by the army were +concerned, but still continued to "revise the mistakes" of the cotton +agents who "frequently seized the property of private individuals." Proof +of "loyalty" was, however, required in all cases before restoration, and +the fourteen classes excepted by the amnesty proclamation of May 29, 1865, +could get no restoration. In all cases the expenses charged against the +property had to be paid before the owner could get it. After April 4, +1867, by request of the Joint Sub-Committee on Retrenchment, no further +releases of any kind were made.[746] On March 30, 1868, a joint resolution +of Congress covered into the Treasury all money received from sales of +property in the South. After this only an act of Congress could restore +the proceeds to the owner.[747] + +The result was in the long run that the "disloyal" owners never received +restoration of their property seized by the army, and by the Treasury +agents during and after the war, but claim agents and perjurers have +pursued a thriving business in proving "loyal" claims against the +Treasury. "Disloyal" persons, whose property was liable to confiscation, +and who could not recover in the Court of Claims, were, as decided by that +body: those who served in the military, naval, or civil service of the +state or the Confederacy; those who voted for secession or for secession +candidates; those who furnished supplies to the Confederacy, engaged in +business that aided the Confederacy, subscribed to its loans, resided or +removed voluntarily within the Confederate lines, or sold produce to the +Confederacy. Women who had sons or husbands in the Confederate army, or +who belonged to "sewing societies," or made flags and clothing for, or +furnished delicacies to, Confederate soldiers were "disloyal" and could +not recover property. "Loyalty" had to be proven, not only for the +original owner, but also for the heirs and claimants. The claims of +deserters were allowed. In order to test the "loyalty" of claimants, they +were asked to answer in writing lists of questions (numbering at various +times 49, 62, 79, and 80 questions) regarding their conduct during the +war. The questions covered several hundred points, and embraced every +possible activity from 1861 to 1865. No man and few women who lived within +the state until 1865 could, without perjury, pass the examination and +prove a claim. Yet numbers have proved claims.[748] + + +Cotton Frauds and Stealing + +The minority report of the Ku Klux Committee in 1872 asserted that, of the +5,000,000 bales of cotton in the South at the close of the war, 3,000,000 +had been seized by United States Treasury agents or pretended agents.[749] +The Gulf states, and especially Alabama, were for a year or more filled +with agents and "cotton spies," seeking Confederate cotton and other +property. They were paid a percentage of what they seized--25 to 50 per +cent. Native scoundrels united with these, and all reaped a rich +harvest.[750] + +On much of the cotton subscribed to the Confederate Produce Loan the +government had advanced a small amount to the owner and allowed him to +keep it. In many cases no payment had been made. The farmer considered +that the cotton still belonged to him, but that the Confederacy had a +claim on a part of it. The records kept were imperfect, and few persons +knew just what was Confederate cotton and what was not. Much of the cotton +subscribed had been destroyed or sent to government warehouses in Selma, +Mobile, Montgomery, and Columbus, where it was burned in April and May, +1865. Of course each man considered that the cotton destroyed was +Confederate cotton, and that all left was private cotton. In most cases +the claim of the government was very shadowy. Where cotton was still in +the hands of the planter, private and government cotton could not be +distinguished. The records did not show whether a man had kept or +delivered the cotton he had subscribed to the Produce Loan. The agents +proceeded upon the assumption that he had kept it, and that all he had +kept was government cotton.[751] No proof to the contrary would convince +the average agent. Secretary McCulloch said, "I am sure I sent some +honest cotton agents South; but it sometimes seems very doubtful whether +any of them remained honest very long."[752] It was said that Secretary +Chase had foreseen the trouble that would result if the cotton were +confiscated, and had proposed to leave all cotton in the hands of the +former owners who then held it. When the records were certain, the cotton +might be confiscated; but in most cases there were no correct records. +Such a policy would have been generous and magnanimous, and would have had +a good effect.[753] The plan of Chase was not accepted, and a carnival of +corruption followed. In August, 1865, President Johnson wrote to General +Thomas, "I have been advised that innumerable frauds are being practised +by persons assuming to be Treasury agents, in various portions of Alabama, +in the collection of cotton pretended to belong to the Confederate States +government."[754] The thefts of the Treasury agents and the worst +characters of the army did much to arouse bitter feelings among the people +who lost their only possession that could be turned into ready money. It +was assumed, as a general rule, that all cotton belonged to the government +until the real owner could prove his claim and his "loyalty," and of +course he could seldom do this to the satisfaction of the agent or of the +army officer who was bent on supplementing his pay. Cotton had been all +along an object of the special hostility of Federals. The old southern +belief that cotton was king and the hopes that Confederates had founded on +this belief were well known. "Cotton is the root of all evil" was a common +declaration of the invading army and of the cotton agents. When no other +private property was taken or destroyed, cotton was sure to be. Every +cotton-gin and press in reach of the armies was burned from 1863 to 1865. +There seemed to be an intense desire to destroy the royal power of King +Cotton. As opportunity offered, officers in the army, contrary to orders, +began to interest themselves in speculations in cotton--captured, +purchased, or stolen. The small garrisons were not officered by the best +men of the army, and many who would never have touched money from any +other kind of plunder thought it perfectly legitimate to fill their +pockets by the seizure and sale of cotton. They did not consider it +defrauding the government, for the latter, they knew, had no more title to +it than they had.[755] + +The disposition of the cotton collectors to regard the people as without +rights resulted in the growth of a feeling on the part of the latter that +it was perfectly legitimate to keep the government and its rascally agents +from profiting by the use of Confederate property. In every way people +began to hinder the agents and the army in its work of collecting cotton. +Colonel Hunter Brooke stated, in 1866, that most of the people who had +subscribed cotton to the Confederate government or on whose cotton the +Confederates had some claim utterly refused to recognize the title of the +United States to that property and refused to give any assistance to the +authorities in tracing the cotton. At times the citizens rose in rebellion +against the invasion of Treasury agents and the military escorts sent with +them. A cotton spy was sent into Choctaw County to collect information +about cotton stealing. He had an escort of twenty soldiers, but the people +drove them out. A battalion of cavalry was then sent. Steamers sent up the +rivers to get the cotton seized by the agents were sometimes fired +upon.[756] + +Not only cotton but stores collected on private plantations for the army, +no matter whether private property or not, were seized. Horses and mules +used in the Confederate service were taken, notwithstanding the terms of +surrender and the fact that the Confederate soldiers owned the cavalry +horses.[757] The counties of Cherokee, Franklin, Jackson, Jefferson, +Lauderdale, Limestone, Madison, Morgan, St. Clair, Walker, and +Winston--all white counties--lost principally corn, fodder, provisions, +harness, mules, horses, and wagons.[758] + +As to cotton, much pure stealing was done by the followers of the army and +thieving soldiers and some natives, but sooner or later the officials +became implicated in it, since only by their permission could the +commodity be shipped. A thieving southerner would find where a lot of +cotton was stored and inform a soldier, usually an officer, who would make +arrangements to ship the cotton, and the two would divide the profits. +Planters who were afraid that their cotton would be seized by Treasury +agents went into partnership with Federal officers and shipped their +cotton to New Orleans or to New York. No one outside the ring could ship +cotton until five or ten dollars a bale was paid the military officers who +controlled affairs. Along the line of the Mobile and Ohio Railway 10,000 +bales of cotton were said to have been stolen from the owners and sold in +Mobile and New Orleans. The thieves often paid $75 a bale to have the +cotton passed through to New Orleans.[759] + +But all petty thievery went unnoticed when the Treasury agents began +operations. They harried the land worse than an army of bummers. There was +no protection against one; he claimed all cotton, and, unless bribed, +seized it. Thousands of bales were taken to which the government had not a +shadow of claim. In November, 1865, the _Times_ correspondent (Truman) +stated that nearly all the Treasury agents in Alabama had been filling +their pockets with cotton money, and that $2,000,000 were unaccounted for. +One agent took 2000 bales on a vessel and went to France. Their method of +proceeding was to find a lot of cotton, Confederate or otherwise, and give +some man $50 a bale to swear the cotton belonged to him, and that it had +never been turned over to the Confederate States. Then the agent shipped +the cotton and cleared $100 a bale.[760] + +Secretary McCulloch said that the most troublesome and disagreeable duty +that he was called upon to perform was the execution of the law in regard +to Confederate property. The cotton agents, being paid by a commission on +the property collected, were disposed to seize private property also. +There was no authority at hand to check them. And people were disposed, he +thought, to lay claim to Confederate cotton and "spirited away" much of +it, while on the other hand much private property was taken by the +agents.[761] + +Five years later the testimony taken in Alabama at the instance of the +minority members of the Ku Klux Committee exposed the methods of the +cotton agents.[762] The country swarmed with agents or pretended agents +and their spies or informers; the commission given was from one-fourth to +one-half of all cotton collected; everybody's cotton was seized, but for +fear of future trouble a proposition from the owner to divide was usually +listened to and a peaceable settlement made; when private or public cotton +was shipped it was consigned by bales and not by pounds; the various +agents through whose hands it passed were in the habit of "tolling" or +"plucking" it, often two or three times, about one-fifth at a time; in +this way a bale weighing 500 pounds would be reduced to 200 or 300 pounds; +even after the private cotton arrived at Mobile or New Orleans, paying +"toll" all the way, it was liable to seizure by order of some Treasury +agent; as a rule, terms could be arranged by which a planter might keep +one-fourth to three-fourths of his cotton, whether Confederate or not; it +was safer for the agent to take a part of the cotton with the consent and +silence of the owner than to steal both from the owner and from the +government for which he pretended to work, and in this way the owners +saved some for themselves; much private cotton was seized on the +plantations near the rivers before the owners came home from the war; +cotton seized in the Black Belt was shipped to Simeon Draper, United +States cotton agent, New York, while that from north Alabama was sent to +William P. Mellen, Cincinnati;[763] complaint was made by those few owners +who succeeded in tracing their cotton that, after being reduced by +"tolling" or "plucking,"[764] it was sold by the agent in the North, by +samples which were much inferior to the cotton in the bales, and in this +way the purchaser, who was in partnership with the agents, would pay ten +or fifteen cents a pound for a lot of cotton certainly not worth more than +that if the samples were honest, but which was really good cotton, worth +35 cents to $1.20 a pound in New York. + +So in case the Secretary of the Treasury could be brought to "revise the +mistakes" of his agents, the owner would get only the small sum paid in +for inferior cotton, and even this was reduced by excessive charges and +fees.[765] There was also complaint that when a lot of private cotton was +seized and traced to Draper, the latter would inform the owners that only +a small proportion of what had been seized was received,[766] and that had +been sold at a low price. It was afterwards shown that Draper never gave +receipts for cotton received. There was nothing businesslike about the +cotton administration. Cotton was consigned to Draper or Mellen by the +bale and not by the pound. A bale might weigh 200 or 500 pounds. As soon +as cotton was seized the bagging was stripped off, and it was then +repacked in order to prevent identification.[767] Many persons who knew +nothing of the law and who saw that their property was unsafe were induced +by the Treasury agents to surrender their cotton to the United States +government, even though there might be no claim against it, the agents +promising that the United States would pay to the owners the proceeds upon +application to the Treasury Department. When the Secretary of the Treasury +discovered this, and when the agent would certify that such was the case, +his "mistake was revised" and the money received from the sale of cotton +was refunded.[768] The owner had no remedy if the agent declined to +certify, and he usually declined, since the cotton had probably never +been turned over to the United States by him. + +The experience of Hon. F. S. Lyon[769] is typical of many in the Black +Belt. He stated[770] that after the surrender of Taylor, General Canby +issued an order that all who had sold cotton to the Confederate government +must now surrender it to United States authorities under penalty of +confiscation of other property to make good the failure to deliver +Confederate cotton. Under this order some cotton was seized to replace +Confederate cotton that had disappeared. United States army wagons, +guarded by soldiers, went over the country day and night, gathering cotton +for persons who pretended to be Treasury agents. Lyon had 384 bales of +Confederate cotton which were claimed by General Dustin, a cotton agent +(later a carpet-bag politician), and Lyon agreed to haul it to the +railroad, under an "agreement" with Dustin. But one night a train of army +wagons, guarded by soldiers, came and carried off 26 bales, and the next +day, 70 bales. (They had asked the manager "if he would accept $2000 and +sleep soundly all night.") The wagons were traced to Uniontown, and the +commanding officer there was induced to hold the cotton until the question +was settled. General Hubbard, commanding the district, arrested one Ruter, +who, with the soldiers, had taken the cotton. Ruter claimed to be acting +under the authority of a cotton agent in Mississippi, but could show no +evidence of his authority, and his name was not on the list of authorized +agents. However, General Hubbard was ordered by superior authority to +regard Ruter as a cotton agent and to discharge him. The 70 bales were +lost. + +The Mobile agent, Dustin,[771] would not make a decision in disputed cases +because he was afraid of appeal to Washington. A proposition to divide the +profits, however, would always secure from him a declaration that the +cotton had no claims against it. Lyon reported that not one-tenth of the +cotton seized was consigned to government agents, but that the agents +usually sold it on the spot to cotton buyers. The planter was held +responsible for cotton sold or subscribed to Confederate government. +Cotton stolen from the agent had to be made good by the person from whom +the agent had seized it. Seed cotton was often hauled away at night by +pretended agents. In every part of the cotton belt the looting of cotton +went on. + +There were frequent changes of agents. As soon as a man became rich his +place would be taken by another. The chief cotton agents sold for high +prices appointments as collecting agents. The new agents often seized the +cotton that through bribery had escaped former agents; and in this way the +same lot would be seized two or three times. One cotton agent, a mere +youth, at Demopolis received as his commission for one month 400 bales of +cotton which netted him $80,000. The Treasury Department made a regulation +allowing one-fourth to a person who had kept the Confederate cotton and +delivered it safely to the United States authorities, but the agents did +not make known the regulation, and the one-fourth went to them.[772] + +There were complaints of the seizure of cotton grown after the war. The +Planters' Factory of Mobile lost 240 bales of cotton grown in 1865. This +company was made up of "Union" and northern men who were able to obtain an +order for the release of the cotton. There was of course no way to tell +what cotton was seized, and 240 bales of "dog tail," worth six cents a +pound, were turned over to the factory instead of the good cotton, worth +sixty cents, a pound.[773] + + +Dishonest Agents Prosecuted + +The Federal grand jury reported that at the end of the war there were +150,000 bales of cotton in Alabama to which the government had clear +title;[774] the records showed the history and location of each bale, and +these records were placed in the hands of the cotton agents; the papers of +two agents, in south Alabama, Dexter and Tomeny, showed that while a large +part of this cotton had been shipped but little of it had been consigned +to the government, the bulk of it having become a source of private profit +to the agents; the 20,000 bales turned over to the government by these +agents had been much reduced in weight, in some cases as much as +one-third, and exorbitant expenses had been charged against them; large +quantities of cotton had been fraudulently released to parties who +presented fictitious claims; cotton belonging to private individuals had +often been seized, and release refused unless the owner sold at a ruinous +sacrifice to S. E. Ogden and Company, who seemed to be on the inside at +New York; cotton thus seized was not released except through the influence +of Ogden and Company, and it was said that Tomeny openly advised some +parties to make arrangements with Ogden and Company, who paid less than +half-price for cotton under such circumstances.[775] The grand jury +declared that in Alabama 125,000 bales had been stolen by agents. Tomeny, +who seems to have secured a much smaller share of the spoils than Dexter, +stated that when he began business in November, 1865, nearly all cotton +had been collected or stolen, and that not a hundred bales had been +received by himself except from other agents who had collected it. He +consigned all his cotton to Simeon Draper, in New York City. None was +released to Ogden and Company, and they bought only one lot of cotton that +had been seized--505 bales seized from Ellis and Alley, themselves cotton +agents under the First Agency. This lot, Tomeny claimed, was bought by +Ogden and Company without his knowledge or consent.[776] + +Two cotton agents, T. C. A. Dexter and T. J. Carver, were finally +arraigned, in the fall and winter of 1865, in the Federal courts, and +Judge Busteed proceeded to try them; but they denied the jurisdiction of +the court, and the army interfered and stopped the proceedings, whereupon +Busteed closed the court. Then a military commission was convened, and +before it the cases were tried. Lieutenant-Colonel Hunter Brooke presided +over the commission. The culprits denied the legality of this trial by a +military commission in time of peace and ultimately were pardoned on this +account. Carver was convicted of fraud in the collection of cotton, and +was fined $90,000 and sentenced to imprisonment for one year and until the +fine should be paid. Carver had paid Dexter $25,000 for his commission as +cotton agent. So it seems the office must have carried with it certain +opportunities. Dexter was convicted of fraud in the cotton business and +for selling the appointment to Carver. Only 3321 bales of government +cotton could be traced directly to his stealing.[777] He was fined +$250,000 and imprisoned for one year and until the fine should be +paid.[778] + + +Statistics of the Frauds + +The minority report of the Ku Klux Committee asserted, as has been said, +that in 1865 there were 5,000,000 bales of cotton in the South, and that +the agents seized 3,000,000 bales for themselves and for the +government;[779] Dr. Curry said that there were about 250,000 bales of +Confederate cotton;[780] another expert estimate placed the total number +of bales of Confederate cotton at 150,000 on April 1, 1865; after April 1, +many thousand bales were destroyed in Alabama, where most of the +Confederate cotton was gathered; the report of A. Roane, in 1864, showed +115,000 bales in Alabama. It is not probable, after all the burnings which +later took place in Alabama, that there was much government cotton left +in Alabama, 20,000 bales at the most. + +Secretary McCulloch, on March 2, 1867, reported that the total receipts +from captured and abandoned property amounted to $34,052,809.54, netting +$24,742,322.55.[781] The cotton sold for $29,518,041.17.[782] The records +show that only 115,000 bales were turned over to the United States, and of +these Draper received 95,840-1/2 bales which he sold for about $15,000,000 +when cotton was worth 33 cents to $1.22 a pound, and a bale weighed 400 to +450 pounds. This cotton was worth in New York $500,000,000.[783] The +records of the agencies were badly kept or not kept at all, and many +agents made no reports. The government never knew how many bales had been +collected in its name. + +The First Special Agency reported that in Alabama it had seized cotton +(after June 1, 1865) in the counties of Greene, Marengo, Perry, Dallas, +Pickens, Montgomery, Sumter, and Tuscaloosa, during October, November, and +December, 1865, and January, 1866. This agency had, before June 1, +1866,[784] shipped 5697 bales to the government agent in New York, who +sold them for $750,702.68, and had made charges of $209,338.58 for +freight, fees, etc., $35 a bale. The Ninth Agency, under the notorious T. +C. A. Dexter and J. M. Tomeny, gathered cotton from the counties of +Dallas, Marengo, Sumter, Montgomery, Wilcox, Lowndes, Barbour, Butler, +Tuscaloosa, Macon, and Mobile. This agency had thirty-six collecting +agents, and turned over to the government only 9,712 bales, which sold for +$1,412,335.68, with fees and charges amounting to $540,962.38.[785] + +Most of the government cotton was consigned to New York agents and sold +there.[786] + +The army quartermasters at Mobile received 19,396 bales of cotton, of +which 6149 were delivered to Dexter and 9741 were, it was claimed, +destroyed by the great explosion. Dexter turned over to the government +only 7469 bales and Tomeny 7732, other agents accounted for enough to +bring the total up to about 30,000 bales. Dexter sold $823,947 worth of +other property.[787] + +The Freedmen's Bureau in Alabama was supported for two years by the sale +of confiscated property, of which no accounts were kept. The army also +sold cotton and other confiscated property and used the proceeds. +"Abandoned" cotton netted to the Treasury $2,682,271.69. After June 30, +according to Treasury records, 33,638 bales (worth $7,650,675.93, but +netting only $4,886,671) were illegally seized. It is this money which is +still held because the former owners once subscribed to the Confederate +Produce Loan. "Loyal" claimants, 22,298 in number in 1871, were asking +damages, to the amount of $60,258,150.44. When Congress, on March 30, +1868, called into the Treasury all proceeds of captured and abandoned +property, it was found that Jay Cooke and Company had $20,000,000, which +they had been using in their business for years. The cotton agents and +others interested lobbied persistently in Washington against legislation +in behalf of claimants, fearing investigation and exposure. + +The statistics given in the public documents are often those for the whole +South, but usually only for Alabama, Mississippi, and Louisiana. Seldom +can the figures for Alabama be separated from the others. Alabama lost +more from the invasion of Treasury agents than any other state, since in +1865 she had more cotton and other property, and many more agents visited +her soil. The United States Treasury received only a small fraction of the +confiscated property, and most of the proceeds of that have been released +to people who were willing to commit perjury in order to get it.[788] + +Under the act of March 12, 1863, "loyal" owners had until two years after +the war to file claims, and by February, 1888, $9,864,300.75 had been paid +out to satisfy these people. Since 1888, $520,700.18 has been paid out. +Under the act of May 18, 1872, providing for return of proceeds of cotton +seized illegally after June 30, 1865, 1337 claims were filed, 339 of which +were from Alabama. These Alabama claims called for 23,529 bales. Only a +very small amount ($195,896.21) was returned to the claimants, because the +records showed that most of them had once sold cotton to the Confederate +government. Therefore, they now say, all cotton seized after June 30, +1865, was Confederate cotton, and the proceeds will be held. Only about +four and a half millions now (1904) remain in the Treasury, as the +proceeds of all the cotton seized. This is the amount for which the cotton +seized after June 30, 1865, was sold. All other proceeds have either been +returned to "loyal" claimants or have been absorbed by expenses. Very few, +if any, claimants not able to prove "loyalty" have been able to secure +restoration, since "loyalty" was in most cases a prerequisite to +consideration.[789] + +The confiscation policy, it may be concluded, profited the government +nothing; the Treasury agents and pretended agents were enriched by their +stealings and but few were punished; nearly all private cotton was lost; +the people were reduced to more desperate want and exasperated against the +government which, it seemed, had acted upon the assumption that the +ex-Confederates had no rights whatever. + + +SEC. 2. THE COTTON TAX + +Another heavy burden imposed on the prostrate South was the tax levied by +the United States government on each pound of cotton raised. An act of +July, 1862, imposed a tax of one-half cent a pound on cotton, but this tax +could be collected only on that part of the crop that was brought through +the lines by speculators. January 30, 1864, the tax was increased to two +cents a pound, collectible on all cotton coming from the Confederate +States. This was raised to two and a half cents a pound on March 3, 1865, +and to three cents a pound, or $15 a bale, on July 13, 1866.[790] After +the war the tax bore with crushing weight on the impoverished +farmers.[791] On March 2, 1867, in anticipation of Reconstruction, the tax +was reduced to two and a half cents a pound, or $12.50 a bale, to take +effect after September 1, 1867. A year later, partly because of the +decided objections of those carpet-baggers, scalawags, and negroes who had +small farms and whose remonstrances had more influence than those of the +planters, the tax was discontinued on all cotton raised after the crop of +1867. The tax was a lien on the cotton from the time it was baled until +the tax was paid, and was often collected in the states to which the +cotton was shipped. + +The collections in the South amounted to the following sums:-- + + For the year ending June 30, 1863 $351,311.48 + For the year ending June 30, 1864 1,268,412.56 + For the year ending June 30, 1865 1,772,983.48 + For the year ending June 30, 1866 18,409,654.90 + For the year ending June 30, 1867 23,769,078.80 + For the year ending June 30, 1868 22,500,947.77 + -------------- + Total, $68,072,388.99[792] + +Of this tax Alabama paid within her borders $10,388,072.10,[793] and since +she was one of the three great cotton states, her share of the tax paid in +northern ports must have been several million dollars more. Of the other +cotton states,--Georgia, Louisiana, Mississippi, Texas, Tennessee, and +Arkansas,--all except Georgia, which paid about a million dollars more +than Alabama, suffered in less degree. + +From April 1, 1865, to February 1, 1866, Alabama paid in other taxes, into +the United States Treasury, $1,747,563.51, of which $1,655,218.31 was +internal revenue, and from September 1, 1862, to January 30, 1872, +$14,200,982 internal revenue.[794] The former sum was much more than the +Federal government spent in Alabama during that year for the relief of the +destitute, both black and white. The cotton spirited away by thieves and +confiscated by the government would have paid several times over all the +expenses of the army and the Freedmen's Bureau during the entire time of +the occupation. Many times as much money was taken from the negro tenant +in the form of this cotton tax as was spent in aiding him. The most +crushing weight of the tax came in 1866 and 1867, and it was much heavier +than the taxation imposed by the Confederate and state governments even in +the darkest days of the war. Had the price of cotton remained high, the +tax would not have borne so heavily on the people; but with the decline of +the price the tax finally amounted to a third of the net value of the +cotton, while the amount raised in these years was about one-fifth of the +value of the farming lands.[795] The tax absorbed all the profits of +cotton planting and left the farmer nothing. + +A letter from the Secretary of the Treasury in reference to the propriety +of refunding the money received from the cotton tax stated some of the +arguments of the opponents of the tax. It was claimed (1) that the tax was +unconstitutional because it was not uniform and because it was virtually a +tax upon exports; (2) that the tax was unequal and oppressive in its +operations because it fell entirely upon cotton producers; (3) that it was +levied without the consent of the people and when they were not +represented in Congress; and (4) that in addition to the cotton tax the +producers of the cotton were subject to all taxes paid by citizens of +other states.[796] These objections were answered by the Secretary, who +said that the tax was added to the price of cotton and was borne by the +consumer, not the producer, and that it was the fault of the cotton states +that they were not represented. He asserted that the tax on cotton was an +excise like that on tobacco and whiskey.[797] + +In 1866 an effort was made in Congress to raise the tax to five cents a +pound. Such a tax, they said, would raise $66,000,000, or, at the least, +$50,000,000 a year, of which Alabama's share would be about $12,000,000 to +$15,000,000. The Committee on the Revenue reported that such a tax "will +not prove detrimental to any national interest." The testimony of experts +was quoted to prove that the tax would fall upon the consumer, though most +of the experts, who were manufacturers from New England, said that on +account of the great demand and excessive prices of cotton goods the tax +would fall upon the manufacturer for the present time. Nevertheless, they +were all in favor of the proposed tax, except one manufacturer and one +planter from Georgia, who objected on the ground that the producer would +have the burden to bear.[798] + +The business men of New York and other northern cities opposed the tax +and defeated the extra levy. The New York Chamber of Commerce, when the +measure to raise the cotton tax to five cents a pound was proposed, +memorialized Congress against the injustice of the tax. The memorial +stated that the North and the West must not take advantage of the South in +the days of her weakness; that the cultivation of cotton should not be +thus discouraged. It was shown that the manufacturer would be protected by +the drawback of five cents a pound allowed on cotton goods exported, while +the cotton farmer would pay a five-cent tax. By the operation of such a +tax, they stated, the rich would be made richer, and the poor made poorer. +That in the proposed law "there is a want of impartiality which is +calculated to provoke hostility at the South, and to excite in all honest +minds at the North the hope that such a purpose will not prevail."[799] + +By the people who had to pay the tax it was considered an unjust and +purely vindictive measure, which was the more exasperating because they +had no voice in the matter and because no attention was paid to their +remonstrances. They complained that it was levied as a penalty, that it +was confiscation under color of law. They felt that it was a blow of +revenge aimed at them when there was no fear of resistance or hope of +protection, as no other part of the country had its exports taxed.[800] +The fact that the tax was removed because of the objections of the +carpet-baggers, scalawags, and negroes, instead of pleasing the whites, +was a source of irritation to them. The respectable people had asked for +justice and it was refused them, but was granted to those who were of +opposing politics. Those who paid the tax never believed that the mass of +the people at the North were in favor of such a measure, and they hoped +that favorable elections would reverse the policy of Congress, which, then +recognizing the unconstitutionality of the tax, would refund it, if not to +individuals, at least to the states in proportion to the amount raised in +each, or, that Congress would give it to the states as a long-time +loan.[801] For years there was a belief among the farmers that the unjust +tax would be refunded, and the cotton tax receipts were carefully +preserved against a day of reimbursement, but, like the negroes' "forty +acres and a mule," the money never came.[802] + + + + +CHAPTER VII + +THE TEMPER OF THE PEOPLE, 1865-1866 + + +After the Surrender + +The paroled Confederate soldier returned to his ruined farm and went to +work to keep his family from extreme want. For him the war had decided two +questions, the abolition of slavery, and the destruction of state +sovereignty. Further than that he did not expect the effects of the war to +extend, while punishment, as such, for the part he had taken in the +war[803] was not thought of. He knew that there would be a temporary delay +in restoring former relations with the central government, but political +proscription and humiliation were not expected. That after a fair fight, +which had resulted in their defeat, they should be struck when down, was +something that did not occur to the soldiers at all. No one thought of +further opposition to the United States; the results of the war were +accepted in good faith, and the people meant to abide by the decision of +arms. Naturally, there were no profuse expressions of love for the United +States,--which was the North,--but there was an earnest desire to leave +the past behind them and to take their place and do their duty as citizens +of the new Union.[804] + +The women and the children, who heard with a shock of the surrender, felt +a terrible fear of the incoming armies. The raids of the latter part of +the war had made them fear the northern soldiers, from whom they expected +harsh treatment. The women had been enthusiastic for the Confederate +cause; their sacrifices for it had been incalculable, and to many the +disappointment and sorrow were more bitter than death. The soldier had the +satisfaction of having fought in the field for his opinions, and it was +easier for him to accept the results of war. A certain class of people who +had served during the war at duties which kept them at home professed to +be afraid of hanging, of confiscation, of negro suffrage and negro +equality, and many other horrible things; they were loud in their +denunciation of the surrender; they would have "fought and died in the +last ditch," they declared. It is hard to see how they could so flatter +themselves as to think the conqueror would hold them responsible for +anything, unless for their violent talk on political questions before and +during the war. + +Such was the state of feeling in the first stage, before there was any +general understanding of the nature of the questions to be solved or of +the conflicting policies. News from the outside world came in slowly; each +country community was completely cut off from the world; the whole state +lay prostrate, breathless, exhausted, resting. Little interest was shown +in public questions; the long strain had been removed, and the people were +dazed about the future. There was no information from abroad except +through the army officials, who reported the news to suit themselves. The +railroads and steamboats were not running; for months there was no +post-office system, and for years the service was poor. The people settled +down into a lethargy, seemingly indifferent to what was going on, and +exhibiting little interest in the government and in politics. Some persons +dumbly awaited the worst, but the soldiers feared nothing; at present they +took no interest in politics; they were working, when they were able, to +provide for their families. + +With many people there was a disposition to see in the defeat the work of +God. There was a belief that fate, destiny, or Providence had been against +the South, and this state of mind made them the more ready to accept as +final the results of war. The fear expressed by northern politicians that +in case of foreign war the South would side with the enemy was without +cause. The South had had enough and too much of war. It disliked England +and France more than it hated the North, because they had withheld their +aid after seeming to promise it. + +From the general gloom and seeming despair the young people soon recovered +to some degree, and among them there was much social gayety of a quiet +sort. For four years the young men and young women had seen little of each +other, and there had been comparatively few marriages. Now they were glad +to be together again, and all the surviving young men proceeded to get +married at once. This revival of spirits did not extend to the older +people. Nearly all were grieving over the loss of sons, brothers, +husbands, or relatives. Much that made life worth living was lost to them +forever, and unable to adapt themselves to changed conditions or to +recover from the shock of grief and the strain of war, they died one after +the other, until soon but few were left.[805] + +One of the first things to awaken the people of Alabama from the blank +lethargy into which they had fallen was the question of what was to be +done by the United States government with the Confederate leaders who had +been arrested. President Davis and Vice-President Stephens, Senator Clay, +the war governors,--Moore, Shorter, and Watts,--Admiral Semmes, several +judicial officers of the state, and many minor officials were arrested and +imprisoned in the North. Davis, Moore, and Clay were known to be in feeble +health, and from them came accounts of harsh treatment. The arrests of +lesser personages were purely arbitrary, and in most cases were probably +done by the military without any higher authority. It was announced +unofficially that all who had held office before the war and who had +supported the Confederacy, even those who had never taken an oath to +support the Constitution and laws of the United States, would be arrested +and tried for treason.[806] During the spring and summer of 1865 rumor was +busy. Thus, fear of arrest and imprisonment, the sympathy of the people +for their leaders who were being made to suffer as scapegoats, the +irritating methods of the Freedmen's Bureau, the work of various political +and religious emissaries among the negroes, and the confiscation of +property served progressively to awaken the people from the stupor into +which they had fallen, and they began to take an interest in affairs of +such vital importance to them. The newspapers began to discuss the +problems of Reconstruction and to condemn the treatment of the political +prisoners from the South. This renewed interest was characterized by a +section of the northern press and by prominent politicians as +"disloyalty,"--a proof of a "rebellious" spirit which ought to be +chastised. + + +"The Condition of Affairs in the South" + +The President, who began with a vindictive policy, gradually modified it +until it was as fair as the South could expect from him. To support his +policy, he sent agents to the South to ascertain the state of feeling here +and the exact condition of affairs. These agents were General Grant, the +head of the army, Carl Schurz, a sentimental foreign revolutionist and +politician with an implicit belief in the Rights of Man, and Benjamin C. +Truman, a well-known and able journalist. + +General Grant reported: "I am satisfied that the thinking men of the South +accept the present condition of affairs in good faith. The questions that +have heretofore divided the sentiment of the people of the two sections, +slavery and state rights, or the right of a state to secede from the +Union, they regard as having been settled by the highest +tribunal--arms--that man can resort to." He believed that acquiescence in +the authority of the general government was universal, but that the +demoralization following four years of civil war made it necessary to post +small garrisons throughout the South until civil authority was fully +established.[807] + +The report of Carl Schurz was distinctly unfavorable to the southerners. +He made a classification of the people into four divisions: (1) The +business and professional men and men of wealth who were forced into +secession. These, though prejudiced, were open to conviction, and accepted +the results of the war. However, as a class, they were neither bold nor +energetic. (2) The professional politicians who supported the policy of +the President and wanted the state readmitted at once, as they hoped then +to be able to arrange things to suit themselves. (3) A strong lawless +element, idlers and loiterers, who persecuted negroes and "union" men, and +in politics would support the second class. They appealed to the passions +and prejudices of the masses and commanded the admiration of the women. +(4) The mass of the people, who were of weak intellect, with no definite +ideas about anything; who were ruled by those who appealed to their +impulses and prejudices. He stated, however, that all were agreed that +further resistance to the government was useless and that all submitted to +its authority. The people, he said, were hostile toward the soldiers, +northern men, unionists, and negroes; their loyalty was only submission to +necessity; and they still honored their old political leaders.[808] + +B. C. Truman, the journalist, after a long stay in the South, of which +about two months were spent in Alabama, reported to the President that the +southerners were loyal to the government and were cheerfully submissive +and obedient to the law. The fates were against them, the people thought, +and it was the will of God that they should lose; the dream of +independence was over, and secession would never be thought of again; the +war had decided this question, and the decision was accepted. The +Confederate soldier, the backbone and sinew of the South, who must be the +real basis of reconstruction and worthy citizenship, was exerting his +influence for peace and reconciliation; there were few more potent +influences at work in promoting real and lasting reconciliation and +reconstruction than that of the Confederate soldier. The fear that in case +of foreign war the South would fight against the United States he knew to +be unfounded; the soldiers hated England, and would fight for the United +States; this, Hardee, McLaws, and Forrest had told him; but, he added, the +soldiers preferred to have no war at all, they had had all that they +wanted. At the collapse of the Confederacy, there had been a general +feeling of despair. The people at home, especially, had expected the +worst; and the reaction was wrongly called "disloyal." The people were +gradually returning to old attachments, but that they would repudiate +their old leaders was not to be expected; neither would they acknowledge +any wrong in their former belief in slavery and the right of secession, +though ready to grant that those no longer existed. They were better +friends to the negro than the northern men who came South; and the courts, +magistrates, and lawyers would see that justice was done the negro.[809] + +In order to produce a report which would justify the action of Congress in +opposing the President's plan,[810] a committee of Congress for several +months held an inquest at Washington and examined selected witnesses who +gave the desired testimony relative to the condition of affairs in the +South. The committee consisted of six senators and nine representatives. +Only three Democrats were on this committee, and not one of them was on +the sub-committee that took testimony relating to affairs in Alabama.[811] +All sessions of the subcommittees were held in Washington, far removed +from the state under inquisition. Care was exercised in calling as +witnesses only Republicans, and these usually were not citizens of the +state. No citizens of Alabama testified except two deserters,[812] one +tory,[813] and one man who, during the war, had been an agent of the +Confederate government "to examine political prisoners,"[814] but who told +the committee that during the war he had been a "union" man. A witness +from Ohio claimed to be a citizen of Alabama.[815] Another witness was a +cotton speculator from Massachusetts, and still another, a land office man +from the North. Three hailed from Illinois, three from Iowa, one each from +California and Minnesota, and the remainder were from the North, with the +exception of General George H. Thomas, who had been a Virginian and who +had not been allowed to remain in ignorance of what the Virginians called +his "treasonable" conduct toward his native state. Three were connected +with the Freedmen's Bureau, already fiercely criticised in all sections of +the country, and twelve were, or had been, connected with the army, and +for short periods had served in some part of Alabama.[816] + +Of the five men who resided in the state, each was bitter in denunciation +of existing conditions and tendencies in Alabama. The course they had +taken during the war made it impossible for them to attain to any position +of honor or profit so long as the Confederate sympathizers were not +proscribed. Existing institutions must be overthrown before they could +hope for political preferment.[817] + +The conflicting stories of most of the witnesses neutralized one another, +and the remainder corroborated the testimony of General Wager Swayne, the +head in Alabama of that much-hated institution, the Freedmen's Bureau. +General Swayne stated that he had been agreeably disappointed in the +temper of the people. In most of his conclusions he agreed with Truman. He +said that he had observed a gradual cessation of disorder, the opening of +courts to the negro, and favorable legislation for him; but a marked +increase of political animosity. He thought the northerner was well +treated except socially. He thought the people were determined to make it +honorable to have been engaged in "rebellion" and dishonorable to have +been a "unionist" among them during the war.[818] The statements of +General Swayne were probably as near to the truth as the average human +being could attain to.[819] His account was from the northern standpoint, +but was as impartial as any one could make at that time.[820] A few weeks +later he said that the bluster of a few irreconcilables should not be +exaggerated into the threatening voice of a whole people.[821] This he +repeatedly asserted. + +Ex-Governor Andrew B. Moore spoke for the people when he said: "Slavery +and the right of secession are settled forever. The people will stand by +it." Rev. Thomas O. Summers, who lived in the heart of the Black Belt, +said, "I have not found a planter who does not think the abolition of +slavery a great misfortune to both races; but all recognize abolition to +be an accomplished fact."[822] + +The people had little faith in the free negro as a laborer, but were +disposed to make the best of a bad situation and to give the negro a fair +chance. The old soldiers took a hopeful view, and the great wrong of +Reconstruction was not so much in the enfranchising of the ignorant slave +as in the proscription and humiliation of the better whites with the +alienated negro as an instrument. + +There was no indication at this time that the people could ever be united +into one political party. Before the war party lines had sharply divided +the people, and the divisions were deep and political prejudices strong, +though not based to any great extent on differences of principles. The war +had served to unite the people only temporarily, and the last years of the +struggle showed that this temporary union would fall to pieces when the +pressure from without was removed. When normal conditions should be +restored, local political strife was sure to be warm and probably bitter, +and parties would separate along the old Whig and Democratic lines. At +this time there was a disposition on the part of Whig and Democrat, +secessionist and coöperationist, each to charge the responsibility for +present evils upon the other, and by the "bomb-proof" people there was +much talk of the "twenty-nigger law," of "the rich man's war and the poor +man's fight," etc., in order to discredit the former leaders.[823] + + +The "Loyalists" + +An unpleasant and violent part of the population was the Union "loyal" or +tory party, consisting of a few thousand persons who had now returned from +the North or had crept out of their hiding-places and were demanding the +punishment of the "traitors" who had carried the state into war. Hanging, +imprisonment, disfranchisement, confiscation, banishment, was the +programme demanded by them. From the Johnson régime in the state they +could hope only for toleration, never for official preferment, nor even +for respect. They demanded the assistance of the Federal government to +place them in power and maintain them there.[824] + +About this time it became difficult to distinguish the various species of +"loyal" men or "loyalists." There were: (1) Those who had taken the side +of the United States in the war. These numbered two or three thousand and +they were "truly loyal," as they were called. (2) Those who had escaped +service in the Confederate army by hiding out or by desertion, or who +engaged in secret movements intended to overthrow the Confederate +government. These claimed and were accorded the title of "loyalists" or +"union" men. (3) All who during the war became in any way disaffected +toward the Confederate or state government and gave but weak support to +the cause asked to be called "loyalists" or "unionists." (4) All negroes +were, in the minds of the northern radical politician, "loyalists" by +virtue of their color, and had all the time been "devoted to the Union"; +the fact, of course, was that the negroes had been about as faithful as +their masters to the Confederate cause. (5) All who took the oath in 1865 +or were pardoned by the President and who promised to support the +government thereby acquired the designation of "loyal" men. These included +practically all the population except negroes and the first class. (6) A +small number included in the fifth class who were conservative people, and +who now used their influence to bring about peace and reconstruction. This +was the best class of the citizens, and the majority of them were old +soldiers,--men like Clanton, Longstreet, Gordon, and Hardee. (7) Later, +only those who approved the policy of Congress were "loyal," while those +who disapproved were "disloyal." The first and second classes coalesced at +once, and finally they admitted the right of the third class to bear the +designation "loyal." They, for a long time, would not admit the claims of +the negro to "loyalty," but at last political necessity drove them to it; +they denied always that the sixth class had any right to share the rewards +of "loyalty." These various definitions of loyalty were made by the men +themselves, by the various political parties, and by the party newspapers. +Every man in the South was some kind of a "loyalist," and most of them +were also "disloyal," according to the various points of view. + + +Treatment of Northern Men + +There was no question more irritating to both sides than that of social +relations between the southern people and the northerners. After the first +weeks of occupation the relations between the enlisted men of the Union +army and the native whites became somewhat friendly and in most cases +remained so, while, with few exceptions, the regular officers and the +people maintained friendly relations, in public matters, at least. The +volunteers, however, were much more disagreeable, especially the volunteer +officers, who lacked the social training of the regulars. Too often the +northerners seemed to feel that they had conquered in war the right to +enter the most exclusive southern society, and individuals made themselves +disliked more than ever by striving to obtain social recognition where +they were not known and were not desired. They had a newspaper knowledge +of social conditions before the war, and, while professing to scorn the +pretensions of the "southern chivalry and beauty," yet were very desirous +of closer acquaintance with both, and especially the latter. Soon after +the armies of occupation came, matters were pretty bad for the southern +people. The less refined subordinate volunteer officers almost demanded +entrance, and even welcome, into southern social circles. They found that +while the southern men would meet them courteously in business relations +and in public places, they were never invited to the homes. On all +occasions the women avoided meeting the northern men; this was their own +wish, as well as that of their male relatives. They felt the losses of war +more keenly than did the men because they had lost more. All of them had +lost some loved one in the war, and quite naturally had no desire to meet +in social relations the men who had overcome their country and possibly +killed their fathers, brothers, husbands, lovers. They must have time to +bury their dead, and it was long before the sight of a Federal soldier +caused other than bitter feelings of sorrow and loss. Yet most of the +northerners overlooked this fact. The southern women reigned supreme over +society; the death in the war of so large a number of young men had only +strengthened the influence of the women; as a rule, they were better +educated than the men, especially the young men, whose education had been +interrupted by the war.[825] + +When the families of the northern people came South, the doors of the +southern homes were not opened to them. The northerners resented this +ostracism by the southerners, and the coldness of society toward them +caused many a sarcastic and sneering letter to be written home or to the +newspapers.[826] There was constant interference in semi-social relations: +the mistress of the house was told how she must treat her colored cook; +the employer was warned that his conduct must be more respectful toward +the negroes in his employ; ex-Confederates were forbidden to wear their +uniforms, or even to use their buttons; nor could southern airs be sung or +played.[827] The soldiers would crowd a woman off the sidewalk in order to +make her look at them. Women would go far out of the way to avoid meeting +a Federal officer, and when forced to pass one, would sweep their skirts +aside as if to avoid contagion. Forthwith the man insulted indited an +epistle in which such incidents were related and the size of the ladies' +feet and ankles and the poverty-stricken appearance of their dress +commented upon. This naturally found its way into the newspapers, as home +letters from soldiers usually do. Soldiers, white and black, would sit on +the back fence and jeer at the former mistress of slaves as she worked at +the family washing. United States flags were hung over the sidewalks to +force the women to walk under them, and in some instances, when they +refused to do so and went out into the street, efforts were made to force +them to pass under the flag. For refusal and for exceedingly "disloyal" +remarks made under the excitement of such treatment, several were arrested +and lectured by coarse officials. Drunken soldiers terrorized women in the +garrison towns. A lot of drunken officers in a launch in Mobile Bay +habitually terrified pleasure parties of women who were on the bay in +small boats. The officers invited the women to balls and entertainments, +but the latter paid no attention to what they considered impertinence. +This angered the officers. The northern newspapers of 1865, 1866, and 1867 +have many letters from correspondents in the South complaining of social +neglect or ostracism. Letters were written about the coarseness, unlovely +tempers, and character of the southern men and women who, it was insisted, +were of the best families.[828] + +These letters the violent southern press afterward made a practice of +copying for political reasons.[829] The more incorrigible officers were +accustomed to express their most offensive sentiments in regard to negro +inequality, the position of the negro, the slavery question, and the +treatment of the negro by the whites. The Bureau officials were cordially +disliked for their tendency to such conduct. Though only a small portion +of the northerners and Federal officials were guilty of offensive actions, +the relations in many places being kindly and the conduct of most of the +officers considerate and courteous, yet the insolent behavior of some +caused all to be blamed.[830] + +The question of the social standing of the tory element may be summed up +in a few words. They were mercilessly ostracized and thoroughly despised +by the Confederate element of the population at that time, and the same +feeling of social contempt had descended to their children's children. It +is rather a feeling of indifference now, but the result is even more +deadly. The true Unionist was disliked but respected. + +All the witnesses called before the sub-committee at Washington complained +of the dislike exhibited toward "unionists" and northerners. It was a +burning question and had much influence on the later course of +reconstruction.[831] + + +Immigration to Alabama + +As soon as the war was ended, there was an influx of northern men and +northern capital into Alabama. Cotton was selling at a fabulous +price,--40 to 50 cents a pound, $200 to $250 a bale,--and the newcomers +expected to make fortunes in a few years. They were welcomed by the +planters who wanted to sell or to lease their plantations, which, for want +of funds, they were unable to cultivate. General Swayne said that in 1866 +there were 5000 northern men[832] in Alabama engaged in trading and +planting. They were sought for as partners or as overseers by those who +hoped that northern men could control free negro labor. Lands were sold or +leased at low prices, and many soldiers, especially officers, decided to +buy land and raise cotton. Numbers of large plantations in the Black Belt +were bought or leased by officers of the army, all of whom had lofty ideas +as to what they were going to do. The soil was fertile, cotton was selling +for high prices, and the free blacks, they were sure, would work for them +out of gratitude and trust. They wanted to help reconstruct southern +industry, and to show what could be done toward developing the great +natural resources of the state. They embarked in large enterprises, and as +long as their money lasted bought everything that was offered for sale. +Their success or failure was dependent largely upon the negro laborer, who +was to make the cotton, and the new planters made extraordinarily liberal +terms with him. They dealt with the negro as if he were a New Englander +with a black skin, and they purchased expensive machinery for him to use. +They would not listen to southern advice, but went as far as possible to +the opposite extreme from southern methods of farming. All suggestions +were met with the assurance that the southern man was used only to slaves, +and could not know how free men would work. + +Reports, generally false and made mainly for political purposes, were +continually published by the northern press in regard to the ill treatment +of northern men who wished to make their homes in the South.[833] But not +a single authenticated case of violence to such persons can be found to +have taken place in Alabama. + +In some localities, on account of bands of outlaws, for several months +after the war it was not safe for any stranger to settle. The ignorant +whites had no liking for the northern men (and may not have to this day). +The better class of people was in favor of much immigration from the +North, and Governor Parsons made a tour through the North to induce +northern men and capital to come to Alabama.[834] The people had no +capital, and wanted to induce those who possessed it to come and live in +the state. The testimony of travellers was that the accounts of cruelty +and intolerance toward northerners were almost entirely false; that they +were welcomed if they did not attempt to stir up trouble between the +races.[835] The refusal of Congress to recognize the state government and +the rejection of the members elected to Congress caused a fresh outburst +of bitter feeling against the North; but General Swayne, who had the best +opportunities for observation, said that rudeness and insult and the +occasional attentions of a horse-thief were the worst things that had +happened to the northern settlers.[836] + +These northern men meant well but, as a rule, were incompetent as farmers +and business men. Consequently they failed, and most of them never quite +understood the reasons for their failure. They knew next to nothing of +plantation economy, and the negroes were their only teachers. Most of them +were from the West, and had never seen cotton growing before. It was +almost pathetic to see these 5000 northerners risking all they possessed +upon their faith in the negro, and losing. The northern merchant gave the +negro unlimited credit and lost; the planter gave his tenant all he asked +for, whenever it pleased him to ask. The farm stock was driven to +camp-meetings and frolics while the grass was killing the cotton. Mills +and factories were built and negro laborers employed, but the negroes, +because of a lack of quickness and sensitiveness of touch, proved to be +unfit for factory work. Besides, the noise of the machinery made them +sleepy, and it was beyond their power to report for work at a regular hour +each morning. At first, the negroes showed great confidence in the +northern man and were glad to work for him, but too much was required of +them, and after a year or two the disgust was mutual. The revulsion of +feeling following failure and disappointment and ostracism injured the +South by creating hostile opinion in the North. Nearly all the northern +men went home, but the less desirable ones remained to assist in the +political reconstruction of the state, when many of them became state +officials.[837] + + +Troubles in the Church + +At the close of the war, the churches were in a disturbed condition, owing +to the attitude of the Washington government. Most of the southern +churches held by the northern organizations were restored to their former +owners. The northern Methodist Church caused irritation by retaining +southern church property that had been placed under its control by the +military authorities. But the most aggravated ill feeling was aroused in +the Protestant Episcopal Church. + +After the collapse of the Confederate government, Bishop Wilmer of Alabama +directed the Episcopal clergy to omit that portion of the prayer +mentioning the President of the Confederate States. Further, he ordered +that when civil authority should be restored, the prayer for the President +of the United States should be used.[838] Bishop Wilmer, consecrated in +1862, had never made a declaration of conformity to the constitution and +canons of the church in the United States, and, consequently, even by the +northern Episcopal Church, was not considered amenable to its +constitution.[839] + +For several months his directions were not noticed by the Federal +authorities, and services were held in conformity to the bishop's orders. +In September, "Parson" William G. Brownlow of Tennessee, it is said, +brought the matter of the Wilmer pastoral letters to the attention of +General George H. Thomas, who commanded the Military Division of the +Tennessee, to which belonged the Department of Alabama. Thomas, like +Wilmer, was a Virginian, and was regarded by the latter and other +southerners as a traitor to his native state. Thomas was peculiarly +sensitive to such a charge, and disliked Wilmer, who had expressed his +opinion in regard to the matter. So it was easy to secure his +interference. General Woods, at Mobile, was directed to investigate the +matter. An officer was sent to ask Wilmer when he intended to order the +clergy to pray for the President of the United States. The bishop refused +to direct its use at the dictation of the military authority, or while the +state was under military domination, since no one desired "length of +life," nor the least prosperity to such a government.[840] The result was +the argumentative order which follows:[841]-- + + HEADQUARTERS DEPARTMENT OF ALABAMA, + MOBILE, ALA., Sept. 20, 1865. + + _General Order No. 38_: + + The Protestant Episcopal Church of the United States has established a + form of prayer to be used for "the President of the United States and + all in civil authority." During the continuance of the late wicked and + groundless rebellion the prayer was changed to one for the President + of the Confederate States, and so altered, was used in the Protestant + Episcopal churches of the Diocese of Alabama. + + Since the "lapse" of the Confederate government, and the restoration + of the authority of the United States over the late rebellious states, + the prayer for the President has been altogether omitted in the + Episcopal churches of Alabama. + + This omission was recommended by the Rt. Rev. Richard Wilmer, Bishop + of Alabama, in a letter to the clergy and laity, dated June 20, 1865. + The only reason given by Bishop Wilmer for the omission of a prayer, + which, to use his own language, "was established by the highest + ecclesiastical authorities, and has for many years constituted a part + of the liturgy of the church," is stated by him in the following + words:-- + + "Now the church in this country has established a form of prayer for + the President and all in civil authority. The language of the prayer + was selected with careful reference to the subject of the prayer--all + in civil authority--and she desires for that authority prosperity and + long continuance. No one can reasonably be expected to desire a long + continuance of military rule. Therefore, the prayer is altogether + inappropriate and inapplicable to the present condition of things, + when no civil authority exists in the exercise of its functions. + Hence, as I remarked in the circular, we may yield a true allegiance + to, and sincerely pray for grace, wisdom, and understanding in behalf + of a government founded on force, while at the same time we could not + in good conscience ask for its continuance, prosperity, etc." + + It will be observed from this extract, first, that the bishop, because + he cannot pray for the continuance of "military rule," therefore + declines to pray for those in authority; second, he declares the + prayer inappropriate and inapplicable, because no civil authority + exists in the exercise of its functions. On the 20th of June, the date + of his letter, there was a President of the United States, a Cabinet, + Judges of the Supreme Court, and thousands of other civil officers of + the United States, all in the exercise of their functions. It was for + them specially that this form of prayer was established; yet the + bishop cannot, among all these, find any subject worthy of his + prayers. + + Since the publication of this letter a civil governor has been + appointed for the state of Alabama, and in every county judges and + sheriffs have been appointed, and all these are, and for weeks have + been, in the exercise of their functions; yet the prayer has not been + restored. + + The prayer which the bishop advised to be omitted is not a prayer for + the continuance of military rule, or the continuance of any particular + form of government or any particular person in power. It is simply a + prayer for the temporal and spiritual weal of the persons in whose + behalf it is offered--it is a prayer to the High and Mighty Ruler of + the Universe that He would with His power behold and bless His + servant, the President of the United States, and all others in + authority; that He would replenish them with grace of His holy spirit + that they might always incline to His will and walk in His ways; that + He would endow them plenteously with heavenly gifts, grant them in + health and prosperity long to live, and finally, after this life, to + attain everlasting joy and felicity. It is a prayer at once applicable + and appropriate, and which any heart not filled with hatred, malice, + and all uncharitableness, could conscientiously offer. + + The advice of the bishop to omit this prayer, and its omission by the + clergy, is not only a violation of the canons of the church, but shows + a factious and disloyal spirit, and is a marked insult to every loyal + citizen within the department. Such men are unsafe public teachers, + and not to be trusted in places of power and influence over public + opinion. + + It is therefore ordered, pursuant to the directions of Major-General + Thomas, commanding the military division of Tennessee, that said + Richard Wilmer, Bishop of the Protestant Episcopal Church of the + Diocese of Alabama, and the Protestant Episcopal clergy of said + diocese be, and they are hereby suspended from their functions, and + forbidden to preach, or perform divine service; and that their places + of worship be closed until such time as said bishop and clergy show a + sincere return to their allegiance to the government of the United + States, and give evidence of a loyal and patriotic spirit by offering + to resume the use of the prayer for the President of the United States + and all in civil authority, and by taking the amnesty oath prescribed + by the President. + + This prohibition shall continue in each individual case until special + application is made through the military channels to these + headquarters for permission to preach and perform divine service, and + until such application is approved at these or superior headquarters. + + District commanders are required to see that this order is carried + into effect. + + By order of + Major-General CHARLES R. WOODS, + FREDERICK H. WILSON, A. A.-G. + +Wilmer denied the right of civil or military officials to interfere in +such matters. Prayer, he said, was religious, not political, and was not +to be prescribed by secular authority.[842] Woods threatened to use force, +and had the churches closed by soldiers. St. John's Church in Montgomery +having been closed by the military authorities, the congregation attempted +to meet in Hamner Hall, a school building, but was dispersed by soldiers +at the point of the bayonet. Much to the indignation of Generals Woods and +Thomas, services were held in private houses.[843] The House of Bishops of +the northern church protested against this edict to the President. Wilmer +appealed to Governor Parsons and found that the "civil governor" of G. O. +No. 38 was only a subordinate military official with no power. President +Johnson at first refused to interfere, but was finally induced to direct +Thomas to revoke the suspension of the clergy. This was done in the +following remarkable order:[844]-- + + HEADQUARTERS + MILITARY DIVISION OF THE TENNESSEE, + NASHVILLE, TENN., Dec. 22, 1865. + + _General Orders No. 40_: + + Armed resistance to the authority of the United States having been put + down, the President, on the 29th of May last, issued his Proclamation + of Amnesty, declaring that armed resistance having ceased in all + quarters, he invited those lately in rebellion to reconstruct and + restore civil authority, thus proclaiming the magnanimity of our + government towards all, no matter how criminal or how deserving of + punishment. + + Alarmed at this imminent and impending peril to the cause in which he + had embarked with all his heart and mind, and desiring to check, if + possible, the spread of popular approbation and grateful appreciation + of the magnanimous policy of the President in his efforts to bring the + people of the United States back to their former friendly and national + relations one with another, an individual, styling himself Bishop of + Alabama, forgetting his mission to preach peace on earth and good will + towards man, and being animated with the same spirit which through + temptation beguiled the mother of men to the commission of the first + sin--thereby entailing eternal toil and trouble on earth--issued, from + behind the shield of his office, his manifesto of the 20th of June + last to the clergy of the Episcopal Church of Alabama, directing them + to omit the usual and customary prayer for the President of the United + States and all others in authority, until the troops of the United + States had been removed from the limits of Alabama; cunningly + justifying this treasonable course, by plausibly presenting to the + minds of the people that, civil authority not yet having been restored + in Alabama, there was no occasion for the use of said prayer, as such + prayer was intended for the civil authority alone, and as the military + was the only authority in Alabama it was manifestly improper to pray + for the continuance of military rule. + + This man in his position of a teacher of religion, charity, and good + fellowship with his brothers, whose paramount duty as such should have + been characterized by frankness and freedom from all cunning, thus + took advantage of the sanctity of his position to mislead the minds of + those who naturally regarded him as a teacher in whom they could + trust, and attempted to lead them back into the labyrinths of treason. + + For this covert and cunning act he was deprived of the privileges of + citizenship, in so far as the right to officiate as a minister of the + Gospel, because it was evident he could not be trusted to officiate + and confine his teachings to matters of religion alone--in fact, that + religious matters were but a secondary consideration in his mind, he + having taken an early opportunity to subvert the church to the + justification and dissemination of his treasonable sentiments. + + As it is, however, manifest that so far from entertaining the same + political views as Bishop Wilmer, the people of Alabama are honestly + endeavoring to restore the civil authority in that state in conformity + with the requirements of the Constitution of the United States, and to + repudiate their acts of hostility during the past four years, and have + accepted with a loyal and becoming spirit the magnanimous terms + offered them by the President; therefore, the restrictions heretofore + imposed upon the Episcopal clergy of Alabama are removed, and Bishop + Wilmer is left to that remorse of conscience consequent to the + exposure and failure of the diabolical schemes of designing and + corrupt minds. + + By command of + Major-General THOMAS. + WILLIAM D. WHIPPLE, + _Assistant Adjutant-General_. + +Wilmer had won, and three days after the order was promulgated in Alabama +he directed the use of the prayer for the President of the United States. +Two months earlier, the General Council of the Confederate States had +provided for such a prayer, but this provision was not to have the force +of law in any diocese until approved by the bishop. This was to enable +Wilmer to win the fight and then to resume the use of the prayer.[845] + +The General Council of the Confederate Church, in November, 1865, decided +that each diocese should decide for itself whether to remain in union with +the General Council (of the Confederate States) or to withdraw and unite +with the General Convention (of the United States). A small party in the +northern church wanted "to keep the southern churchman out for a while in +the cold," and "to put the rebels upon stools of repentance," but better +feeling and better policy prevailed. The southern church was met halfway +by the northern church, and the only important reunion of churches +separated by sectional strife was accomplished. The diocese of Alabama was +the last to join, Bishop Wilmer making the declaration of conformity +January 31, 1866.[846] + + + + +PART IV + +PRESIDENTIAL RESTORATION + + + + +CHAPTER VIII + +FIRST PROVISIONAL ADMINISTRATION + + +SEC. 1. THEORIES OF RECONSTRUCTION + +Owing to the important bearing upon the problem of Reconstruction of the +disputes between the President and Congress in regard to the status of the +seceded states, it will be of interest to examine the various plans and +theories for restoring the Union. From the beginning of the war the +question of the status of the seceded states was discussed both in +Congress and out, and with the close of the war it became of the gravest +importance. There was nothing in the Constitution to guide the President +or Congress, though each sought to base a policy on that ancient +instrument. Many questions confronted them. Were the states in the Union +or out? If in the Union, what rights had they? If out of the Union, were +they conquered territories subject to no law but the will of the United +States government, or were they United States territory with rights under +the Constitution? Must they be reconstructed or restored, and who was to +begin the movement--the people of the states, Congress, or the President? +Were the states in their corporate capacity, or the people as individuals, +responsible for secession? What punishment was to be inflicted, and on +whom or what must it fall--the people or the states? Who or what decides +who are the political people of the state? Exactly what was a state? Was +the Union the old Union of Washington, or a new one? Congress and the +President could never agree in their answers to these questions.[847] + + +Conservative Theories + +As to the status of the seceded states and the proper method of +Reconstruction, all interested persons had theories, but the only one +which was logical and consistent with regard to the "Constitution as it +was" was the so-called Southern theory. This theory was that secession +having failed, state sovereignty was at an end; the doctrine was +worthless; secession was a nullity, and therefore the states were not out +of the Union; the state was indestructible. The war was prosecuted against +individuals and not against states, and the consequences must fall upon +individuals; the states had all the rights they ever possessed, but, being +out of their proper relation to the Union, its officers must take the oath +of allegiance to the United States government, representatives must be +sent to Congress, and the people must submit to the authority of the +government. Then the Union would be restored as it was.[848] At the fall +of the Confederacy the general belief was that restoration would proceed +along these lines. Many of the higher officials of the United States army +were of the same opinion, and on this theory the celebrated +Johnston-Sherman convention was drawn up by General Sherman, which +promised amnesty to the people and recognition of the state governments as +soon as the officials should have taken the oath of allegiance.[849] +Likewise, in the Southwest, General Dick Taylor, with the approval of +General Canby, advised the governors of the states in his department to +take steps toward restoring their states to their former relations to the +Union. General Thomas, and perhaps General Grant, had likewise advised the +people of north Alabama, and the subordinate Federal commanders in the +Southwest favored such reconstruction and were inclined to help along the +movement. But orders from Washington put an end to any such course by +directing the arrest of all state officials who endeavored to act. Among +those who had taken steps to restore the former relations with the Union +were the governors of Alabama, Mississippi, and Florida.[850] + +The Presidential and Democratic theories, like the Southern theory, were +based on the doctrine of the indestructibility of the state. In the +beginning the Democratic theory would have recognized the state +governments of the seceded states and thus practically coincided with the +later Southern theory. The Presidential theory, as formulated later, would +not have recognized the state governments, and to this view the Democrats +came after the war. The Union was indestructible and was composed of +indestructible states. To assert that the states as states were not in the +Union was to admit the success of secession and the dissolution of the +Union. But the people as insurgents were incapable of political +recognition by the United States government. So the state after the war +was in a condition of suspended animation: the so-called state governments +were not governments in a constitutional sense; the President could have +the citizens tried for treason and punished, or he could pardon them and +thus restore to them all their former rights, which, of course, included +the right to reëstablish their governments and to resume their former +relations with the Union. Congress had no power to interfere or to +disfranchise any man, nor to regulate the suffrage in any way. Its only +part in Reconstruction was to admit to Congress the representatives of the +states as soon as constitutional government was restored by the people +with the assistance of the President.[851] + +The earliest legislative declaration touching this subject was in the +Crittenden Resolutions passed by the House of Representatives on July 22, +1861.[852] Two days later practically the same resolutions were introduced +in the Senate by Andrew Johnson of Tennessee and passed with only five +dissenting voices.[853] They declared that "war is not waged upon our part +in any spirit of oppression, nor for any purpose of conquest or +subjugation, nor for the purpose of overthrowing or interfering with the +rights or established institutions of these states, but to defend and +maintain the supremacy of the Constitution with all the dignity, equality, +and rights of the several states unimpaired; and that as soon as these +objects are accomplished the war ought to cease."[854] To this declaration +of principles the Democratic party adhered throughout the war and after. +The Union as it was must be restored and maintained, one and +indivisible.[855] + +President Lincoln had no such regard for the "sacred rights of a state" as +had the Democrats and his successor, Andrew Johnson. In his inaugural +address he asserted that the Union existed before the states and was +perpetual; that no state could withdraw from the Union; that secession was +null and void; and that the Union was unbroken.[856] In the formation of +the provisional governments by the aid of the military authorities in +Tennessee, Arkansas, and Louisiana, Lincoln showed that he expected the +political institutions of 1861 to be restored. In December, 1863, he +brought forth this plan for restoration: When one-tenth of the voting +population of a state in 1861 should take an oath to support the +Constitution and should establish a government on the basis of the state +constitution and laws in 1861, such a government would be recognized as +the government of the state.[857] In July, 1864, he announced by +proclamation that he was unwilling to commit himself formally to any fixed +plan of restoration. This was in answer to the Wade-Davis bill passed by +Congress, which, if approved, would set aside the governments he had +erected in Louisiana, Tennessee, and Arkansas, and it showed that he +considered it the prerogative of the executive to bring about and +recognize the restored government.[858] These restored states he expected +to take their places in the Union on the old terms,[859] for as soon as +the people submitted and civil governments were established, +constitutional relations would be resumed, and Congress would be obliged +to admit their representatives.[860] Early in the war, he said nothing +about abolition, but rather to the contrary. Later he advocated gradual +and compensated emancipation by state action. At the close of the war, +after the practical, if not the theoretical, abolition of slavery, he +suggested that the newly established governments might, as a measure of +expediency, confer the privilege of voting upon the best negroes.[861] He +considered the matter of the suffrage beyond the control of the central +government. The enfranchisement of the negro as a measure of revenge, and +as a means of keeping the southern whites down and the Republican party in +power, never entered his thoughts. + +President Johnson succeeded to the policy of Lincoln, or, at least, to +Lincoln's belief that restoration was a matter for the executive +attention, not for the legislative. He asserted that secession was null +and void from the beginning; that a state could not commit treason; that +by the attempted revolution the vitality of the state was impaired and its +functions suspended but not destroyed; that it was the duty of the +executive to breathe into the inanimate state the life-giving breath of +the Constitution. He recognized no power in Congress to pass laws +preliminary to or restricting the admission of duly qualified +representatives of the states.[862] + +[Illustration: RECONSTRUCTION LEADERS. + +ANDREW JOHNSON. + +CHARLES SUMNER. + +THADDEUS STEVENS.] + +The plan of Lincoln was, in theory and at first in practice, +objectionable. It would recognize as the political people of a state the +loyal minority, which would be an oligarchy, and the principle of the rule +of majorities would thus be repudiated. Those who claimed to be loyal were +not promising material for a new political people, and the "10 per cent" +governments were treated with just contempt. But the plan was based, not +on any narrow principle of legality, but on the broader grounds of justice +and expediency, and was capable of expansion into a very different plan +from what it was in the beginning. As applied to Louisiana and Arkansas, +it was severely, and in theory justly, criticised on the ground that the +President was assuming absolute authority in dealing with the seceded +states, and that by this plan the entire political power would be given to +a small class not capable of using it. As later modified, his plan would +have admitted to participation in Reconstruction nearly or quite all the +citizens of the southern states. + +President Johnson, a war Democrat, gave promise of being more harsh than +Lincoln in the work of restoration. Lincoln's policy was based on +expediency; Johnson's, on the narrow legal principles of a State Rights +Democrat. He had a strong regard for the "sacred rights of a state." He +proposed to reëstablish the state governments by means of a political +people of the lower classes, and the old political leaders were to be +disfranchised. Lincoln imposed certain conditions on individuals as a +prerequisite to participation in reconstruction. Having created by the +pardoning power a political people, he expected the initiative to come +from them. The executive then retired into the background and waited the +impulse of the people. He shrank from interfering with the states, not +from any great respect for their rights, but from motives of policy. As +Johnson applied his theory, there was little initiative left to the +people. The executive authority as the source of power set the machinery +of restoration in motion, and the people were obliged to do as he ordered, +many of them being at first excluded from participation. The whole +programme was prescribed by him, and he watched every step of the progress +made. For a firm believer in the rights of states he took strange +liberties with them while restoring their suspended animation. Lincoln +advised a limited suffrage for the blacks; but negroes could have no part +in the Johnson scheme. Like Lincoln, however, Johnson so modified his plan +that practically all the white people were to take part in the +reëstablishment of the government. The conservative theories contemplated +restoration, not reconstruction. + + +Radical Theories + +The Republican majority in Congress soon advanced from the position taken +in the Crittenden-Johnson resolutions. Most of the Republican party had no +fixed opinions in regard to Reconstruction, but formed a kind of a centre +or swamp between the Democrats and the President on the one extreme, and +the Radicals on the other. The plan of Lincoln, as first announced and +applied, was offensive to all parties, and some leaders never seem to have +recognized that the President had, to any appreciable degree, modified his +policy. The extreme Radicals were not sorry to have the matter of +reconstruction fall from the hands of the wise and kind Lincoln into those +of the narrow and vindictive Johnson. But the seeming defection of the +latter soon disappointed those who were in favor of harsh measures in +dealing with the defeated southerners. The best-known of the Radical +theories advanced in opposition to the presidential policy were (1) the +State Suicide theory of Charles Sumner, (2) the Conquered Province theory +of Thaddeus Stevens, and (3) the Forfeited Rights theory, practically the +same as the Conquered Province theory, but expressed in less definite +language for the benefit of the more timid members of the Republican +party. + +Charles Sumner, the Radical leader of the Senate, set forth the Suicide +theory in a series of resolutions to the effect that the ordinances of +secession were void, and, when sustained by force, amounted to abdication +by the state of all constitutional rights; that the treason involved +worked instant destruction of the body politic, and the state became +territory under the exclusive control of Congress. Consequently, there +were no state governments in the South, and all peculiar institutions had +ceased to exist--among them slavery. Sumner constantly asserted that +Congress now had exclusive jurisdiction over the southern territory.[863] +He made strong objection to the despotic power of the President as applied +in dealing with the seceded states, and declared that the executive was +encroaching upon the sphere of Congress, which was the proper authority to +organize the new governments. The seceded states, he affirmed, by breaking +the constitutional compact had committed suicide, and no longer had +corporate existence, and that the "loyalists," who were few in number, +should not have the power formerly possessed by all. The whole South was a +"tabular rasa," "a clean slate," upon which Congress might write the +laws.[864] The existence of slavery was declared to be incompatible with a +republican form of government, which it was the duty of Congress to +establish. For it is necessary to such a form of government that there be +absolute equality before the law, suffrage for all, education for all, the +choice of "loyal" citizens for office, and the exclusion of "rebels." The +negro must take part in Reconstruction, for his vote would be needed to +support the cause of human rights and "the party of the Union"--meaning, +of course, the Republican party.[865] + +Sumner cared little for the Constitution except for the clause about +guaranteeing a republican form of government to the states, and on this he +based the power of Congress to act. The Declaration of Independence was to +him the supreme law and above the Constitution, and to make the government +conform to that document was his aim. He wearied his colleagues with his +continual harping on the Declaration of Independence as the fundamental +law, upon which footing the seceded states must return. That, he declared, +would destroy slavery and all inequality of rights, political and +civil.[866] + +The Conquered Province theory was originated by Thaddeus Stevens, the +Radical leader of the House of Representatives, who, however, refused to +call it a theory. He made no attempt to harmonize his plan with the +Constitution, and frankly expressed his opinion that there was nothing in +the Constitution providing for such an emergency; that the laws of war +alone should govern the action of Congress, allowing no constitutions to +interfere.[867] It was impossible to execute the Constitution in the +seceded states, he said, which the victors must treat "as conquered +provinces and settle them with new men and exterminate or drive out the +present rebels as exiles from this country."[868] Every inch of the soil +of the southern states should be held for the costs of the war, to pay +damages to the "loyal" citizens and pensions to soldiers and their +families, and slavery should be abolished.[869] Secession, according to +Stevens, was so far successful that the southern states were out of the +Union and the people had no constitutional rights.[870] All ties were +broken by the war. The states in their corporate capacities made war, and +were out of the Union so far as the conqueror might choose to consider +them, and must come back into the Union as new states or remain as +conquered provinces with no rights except such as the conqueror might +choose to grant. Perpetual ascendency of the North must be secured by +giving the ballot to the negro, by confiscation, and by banishment. The +Constitution, in his opinion, had been torn to atoms; it was now a "bit of +worthless parchment," and there could be no reconstruction on the basis of +that instrument. Congress had absolute jurisdiction over the whole +question.[871] Stripped of its violence, Stevens's theory was probably the +correct one from the point of view of public law. It was more in accord +with historical facts. It recognized the great changes wrought by war in +the structure of the government. It was frank, explicit, and practical. +Unfortunately, the statesmanship necessary to carry to success such a plan +was entirely lacking in its supporters. + +Sumner would limit the authority of Congress only by the provisions of the +Declaration of Independence; Stevens would have Congress unchecked by any +law. By martial law and the law of nations, he meant no law at all, as his +utterances show; nothing must stand in the way of the absolute powers of +Congress. Both theories agreed in reducing the states to a territorial +status. Sumner would leave the people of these states the rights of +people in the United States territories. Stevens would deny that they had +any such rights whatever under any law, but that they were to be +considered conquered foes, with their lives, liberty, and property at the +mercy of the conqueror.[872] + +The Forfeited Rights theory, patched up to suit the more timid Radicals +who would not concede that the states had succeeded in getting outside of +the Union or that they could be destroyed, was, in effect, the Stevens +theory, though recognizing some kind of a survival of the states. The +names and boundaries of the states alone survived; the political +institutions were entirely destroyed, and must be reconstructed by +Congress. + +It is a waste of time to try to find a basis in the old Constitution for +any of the theories advanced. If a legal basis must be had, it will have +to be found in the Constitution as revolutionized by seventy-five years of +development and four years of war. The main purposes of the congressional +plans were to reduce the late dictatorial powers of the President, to +remove forever from political power the political leaders of the South, to +give the ballot to the negro as a measure of revenge and to assure the +continuation in power of the Republican party.[873] + +Owing to the fact that Congress was not in session for several months +after the downfall of the Confederacy, the President had a good +opportunity to put into operation the executive plan for restoring the +southern states to their proper standing in the Union. + + +SEC. 2. PRESIDENTIAL PLAN IN OPERATION + +Early Attempts at Restoration + +In the early spring of 1865, Governor Watts, in a speech calling upon the +people to make renewed exertions against the invader, said: "We hold more +territory than a year ago, more of Texas, Louisiana, and Arkansas, Georgia +is overrun but is ready to rise. Our financial condition is better than +four years ago. Arms, commissary and quartermaster's stores are more +abundant now."[874] But there were no more men. A month later Lee had +started on the march to Appomattox; two months later Dick Taylor was +surrendering the last Confederate armies east of the Mississippi; three +months later the war governors of Alabama were in northern prisons, and +not a vestige of the Confederate or state governments remained. There was +no government. + +Even before the collapse of the Confederacy there were indications of an +approaching revolution in the state government, to be carried out by the +union of all discontented factions. The object was to gain control of the +state government or to organize a new one and return to the Union. This +movement was strongest in north Alabama and was supported and encouraged +by the Federal military authorities. One of the disaffected clique +testified before the Subcommittee on Reconstruction that in the last years +of the war a "Reconstruction" or "Union" party was organized in Alabama, +which, at the time of the surrender, had a majority in the lower house of +the legislature.[875] But the Senate, elected in 1861, held over and +prevented any action by the House. During the year 1865 the "Union" party +hoped to secure both the governorship and the Senate in the first +elections which were to occur under the new constitution, and thus secure +control of the state. But the invasion and surrender stopped the +movement.[876] + +There were indications during the winter and spring of 1865 that +Reconstruction movements were going on in the northern half of the state. +After the invasion of the state in April many people more influential than +the ordinary peace party men began to think of Reconstruction. General +Thomas authorized the citizens of Morgan, Marshall, Lawrence, and the +neighboring counties to organize a civil government based on the Alabama +laws of 1861. J. J. Giers, a brother-in-law of State Senator Patton (later +governor), was sent by the military leaders to "reorganize civil law." +Thomas invited the people of the other northern counties to do likewise +and thus show that they were "forced into rebellion." Colonel Patterson of +the Fifth Alabama Cavalry accepted the terms for his forces, and Giers +stated that Roddy's men were so pleased with Thomas's letter that they +released their prisoners and stopped fighting. A Reconstruction meeting +was held at Somerville, Morgan County, and was largely attended by +soldiers. This was early in April.[877] In the central and southern +portions of the state the movement did not begin until the Federal forces +traversed the country. General Steele with the second army of invasion +reported from Montgomery, May 1, 1865, that J. J. Seibels, L. E. Parsons, +and J. C. Bradley[878] had approached him and had told him that two-thirds +of the people of the state would take up arms to "put down the +rebels."[879] A meeting was held at Selma, in Dallas County, on May 10, +and called upon the governor to convene the legislature and take the state +back into the Union. Judge Byrd,[880] one of the speakers, said that the +war had decided two things--slavery and the right of secession--and both +against the South. He counselled a spirit of conciliation and moderation, +and in this he expressed the general sentiment of the people.[881] + +A more important meeting was held the next day in Montgomery. A number of +the more prominent politicians met to take steps to place the state in the +way of readmission to the Union.[882] George Reese[883] of Chambers County +presided over the meeting and Albert Roberts was secretary. Seibels +introduced resolutions, which were adopted, pledging to the United States +government earnest and zealous coöperation in the work of restoring the +state of Alabama to its proper relation with the Union at the earliest +possible moment. The murder of Lincoln and the attempt on the life of +Seward were condemned as "acts of infamous diabolism revolting to every +upright heart." The bad effect the crime would have on political matters +was deplored. The desire was expressed that all guilty of participation in +the attempt might be brought to speedy and condign punishment, and "we +shall hold as enemies all who sympathize with the perpetrators of the foul +deed." The majority reported a memorial to the President asking him to +permit the governor of Alabama to convene the legislature, which would +call a convention in order to restore the state to her political relations +to the United States. This they believed was the most speedy method. But +if this were not permitted, then the President was requested to appoint a +military governor from among the most prominent and influential "loyal" +men of the state and invest him with the power to call a convention. They +were encouraged to ask this, the memorial stated, by the recent statement +of the President of the principle that the states which attempted to +secede were still states, and not being able to secede would not be lost +in territorial or other division. "To forever put an end to the doctrine +of secession; to restore our state to her former relations to the Union +under the Constitution and the laws thereof; to enable her to resume the +respiration of her life's breath in the Union,--is a work in which we in +good faith pledge you our earnest and zealous coöperation, and we hazard +nothing in the assurance that the people of Alabama will concur with us +with a majority approaching almost unanimity." + +Colonel J. C. Bradley presented a memorial from the minority of the +committee. It was the same as the other memorial, except that the part +relating to the appointment of a military governor was omitted. Such an +official was not desired nor needed, he stated. After some discussion both +memorials were adopted and each person present signed the one he +preferred. The chairman appointed a committee to bear the memorials to the +President. The general sentiment of the meeting and of the people seemed +to be that, since they had failed to maintain their independence, there +was nothing left to do but to accept as a working basis the theory that a +state could not secede, and to get straight into the Union by having the +President restore the suspended animation of the Constitution. The best +and shortest way, they thought, was for Governor Watts to convene the +legislature, which should begin the work, and a convention of the people +would complete it. Governor Watts and the Supreme Court (Stone and Phelan) +approved the action of the meeting, though they took no part in it.[884] + +Another meeting on the same day (May 11), at Guntersville, in Marshall +County, in the heart of the devastated section of the state, proposed to +submit cheerfully to the decision of war and return to the Union. Two +soldiers, Major A. C. Baird and Colonel J. L. Sheffield,[885] were the +leaders in the meeting.[886] Two mass-meetings were held in Covington +County (one at Andalusia on May 17) and passed resolutions favoring a +restoration of the Union. The Union General Asboth said that these people +had returned to their allegiance early in April and had organized and +armed to resist the "rebels." The resolutions were signed by 280 and 376 +persons respectively. Asboth reported great excitement on account of the +action taken by the meeting.[887] On May 23 there was a meeting of +citizens in Franklin County. James W. Ligon was president, H. C. Tompkins, +vice-president, and R. B. Lindsey (governor in 1870-1872) addressed the +meeting. This meeting seems to have been behind the times, for it accepted +the overtures of Thomas made April 13, and promised to assist cheerfully +in restoring law and order. They were anxious to resume former friendly +relations to the United States and wanted a state convention called to +settle matters.[888] + +About this time the President, General Grant, and Stanton, by repeated +orders, managed to reach the generals who were encouraging the movement +toward Reconstruction, and put an end to their plans by ordering them not +to recognize the state government in Alabama and to prevent the assembly +of the legislature.[889] Thereupon, on May 23, a memorial was signed by +106 prominent citizens of Mobile, asking the President to take steps to +enable Alabama to be restored to the Union. Robert H. Smith[890] and Percy +Walker[891] were sent as a committee to General Granger, who commanded in +the city, to ask him to transmit the memorial to the President. General +Granger did so with the indorsement that no impediment existed to +immediate restoration, that the signers were influential men and +represented the sentiment of the people of the state.[892] At Athens, in +Limestone County, the citizens met and adopted resolutions declaring that +all must be restored to the Union; that the state officials should be +recognized, but that a new election should be held under the laws of +Alabama as they were before secession; that a convention was not necessary +and in the present unsettled condition of the county it would be dangerous +to hold one; that the constitution of 1819, changed by amendment, should +be used. The murder of Lincoln was deplored.[893] Similar meetings were +held all over the state, especially in north Alabama.[894] + +The "loyal" element held a meeting in north Alabama about the first of +June.[895] Resolutions were introduced by K. B. Seawell to the effect that +the government of Alabama had been illegally set aside in 1861 by a +combination of persons regardless of the best interests of the state, that +secession was not the act of the people, and that the Confederacy was a +usurpation. It was decided that Alabama must go back to the Union, and the +authority of the United States was invoked to enable "loyal" citizens to +form a state government.[896] The sentiments of the more violent +"unionists" or tories may be understood from a letter of D. H. +Bingham,[897] then at West Point, New York. He said that reconstruction +must not be committed to the hands of the "rebels"; that Parsons, who was +spoken of for provisional governor, was not one of the "union" men of +Alabama and would use his influence to secure control to the old slave +dynasty; that his appointment would be unfair to the "union" men; that the +masses were coerced and deluded into fighting the battles of slavery; "I, +George W. Lane,[898] and J. H. Larcombe," he said, "never gave way to +secession." The non-slaveholding whites in slaveholding districts were +trained to obey, he wrote, and the official class used its influence to +keep the non-slaveholders in ignorance. Hence the small number of +slaveholders (of whom most were owners of few slaves and hence were union +men) controlled the "union" population of over 5,000,000. He said that the +Alabama delegates, then in Washington,[899] were not inactive in producing +these results, though they claimed to be "unionists." They were once +"union" men, but went over. Now they alleged that they were carried into +rebellion by a great wave of public feeling. Such men should not be +trusted until they had passed through a probationary state.[900] + +The southerners who wanted immediate restoration of constitutional rights +and privileges on the basis of the Crittenden Resolution of 1861,[901] +soon found that this plan would not work; so, to make the best of a bad +situation, all accepted the Johnson plan and declared that the state, +since it had not had the right to secede, must still be in the Union. The +press and the prominent men, even those who would be disfranchised by the +President's plan, gave it a hearty support in order to give peace to the +land and restore civil government.[902] At this time the Johnson plan +promised to be one of merciless proscription of the prominent men. As +Johnson himself expressed it: "The American people must be made to +understand the nature of the crime, the length, the breadth, the depth, +and height of treason. For the thousands who were driven into the infernal +rebellion there should be amnesty, conciliation, clemency, and mercy. For +the leaders, justice--the penalty and the forfeit should be paid. The +people must understand that treason is the blackest of crimes and must be +punished."[903] The leaders were not afraid of such threats and meant not +to stand in the way. The people intended to make the best they could out +of a bad state of affairs. They believed then and always that their cause +was right, secession justifiable and necessary; that the provocation was +great, and that they were the aggrieved party; that the abolitionists and +fanatics forced secession and civil war. But since they were beaten in +war, after they had done all that men could do, they meant to accept the +result and abide by the decision of the sword. There was a general purpose +to stand by the government--certainly no dream of opposition to it. The +people meant (which was neither treasonable nor unreasonable) to ally +themselves to the more conservative political party in the North in order +to secure as many advantages as possible to the South. Their aim was to +preserve as much of their old constitution as they could, all the while +recognizing that state sovereignty and slavery ended with the war. Their +course in ceasing at once all useless opposition and proceeding to secure +reinstatement on the old terms was, _The Nation_ declared, "a display of +consummate political ability." Southerners like to think that had Lincoln +lived his plan would have succeeded, and that the most shameful chapter of +American history would not have to be written.[904] Johnson helped to ruin +his own cause and his supporters along with it. The people never seem to +have taken seriously the proposed merciless plans of Johnson, and the +opposition of moderate advisers and the pleasure of pardoning southern +"aristocrats" (and later Radical criticism) caused a distinct modification +of his policy in the direction of mildness until the proscriptive part was +almost lost sight of.[905] + +The southern leaders[906] saw clearly that there was no hope for their +party unless the President could win the fight against the Radicals in +Congress, and they attempted to disarm northern hostility outside Congress +until the Radical party, aided by the rash conduct of the President, +educated the people of the North to the proper point for approving drastic +measures.[907] + + +The President begins Restoration + +On May 29 the President began his attempt at restoration by proclaiming +amnesty to all, except certain specified classes of persons. They were +pardoned and therefore restored to all rights of property, except in +slaves, on condition that the following oath be taken:-- + + "I ________________ do solemnly swear (or affirm) in the presence of + Almighty God, that I will henceforth faithfully support, protect, and + defend the Constitution of the United States, and the Union of the + states thereunder; and that I will, in like manner, abide by and + faithfully support all laws and proclamations which have been made + during the existing rebellion, with reference to the emancipation of + slaves: So help me God."[908] + +Fourteen classes of people were excluded from the benefits of this +proclamation; of these twelve were affected in Alabama:-- + + (1) The civil or diplomatic officers, or domestic or foreign agents of + the Confederacy; (2) those who left judicial positions under the + United States to aid the Confederacy; (3) all above the rank of + colonel in the army and lieutenant in the navy; (4) those who left + seats in the United States Congress and aided the Confederacy; (5) + those who resigned commissions in the United States army and navy to + escape service against the Confederacy; (6) persons who went abroad to + aid the Confederacy in a private capacity; (7) graduates of the naval + and military academies who were in the Confederate service; (8) the + war governors of Confederate states; (9) those who left the United + States to aid the Confederacy; (10) Confederate sailors (considered as + pirates); (11) all in confinement as prisoners of war or for other + offences; (12) those who supported the Confederacy and whose taxable + property was over $20,000. + +The classes excluded embraced practically all Confederate and state +officials, for the latter had acted as Confederate agents, all the old +political leaders of the state, many of the ablest citizens who had not +been in politics but had attained high position under the Confederate +government or in the army, the whole of the navy,--officers and +men,--several thousand prisoners of war, a number of political prisoners, +and every person in the state whose property in 1861 was assessed at +$20,000 or more. According to the proclamation the assessment was to be in +1865, but it was made on the basis of 1861, at which time slaves were +included and a slaveholder of very moderate estate would be assessed at +$20,000. In 1865 there were very few people worth $20,000. + +It was provided that persons belonging to these excepted classes might +make special application to the President for pardon, and the proclamation +promised that pardon should be freely granted.[909] The oath could be +taken before any United States officer, civil, military, or naval, or any +state or territorial civil or military officer, qualified to administer +oaths.[910] In Alabama 120 army officers were sent into all the counties +to administer the amnesty oath. These officers were strict in barring out +"all improper persons" and subscription went on slowly until the military +commander issued orders that all who were eligible must take the oath. +Less than 50,000 persons took the oath; 90,000 had voted in 1860. + +There was a fight for appointment to the provisional governorship. William +H. Smith of Randolph and D. C. Humphreys of Madison, both of whom had +opposed secession, then entered the Confederate service, and later +deserted; D. H. Bingham of Limestone, who had been a tory during the war; +and L. E. Parsons of Talladega, who had aided the Confederacy materially +and damned it spiritually--all wanted to oversee the restoration of the +state.[911] + +June 21, 1865, the President, acting as commander-in-chief of the army and +under the clause in the Constitution requiring the United States to +guarantee to each state a republican form of government and protect each +state against invasion and domestic violence,[912] proceeded to breathe +the breath of life into the prostrate state by appointing Lewis E. Parsons +provisional governor.[913] + +It was made the duty of Parsons to call a convention of delegates chosen +by the "loyal"[914] people of the state. This convention was to amend or +alter the state constitution to suit the changed state of affairs, to +exercise all the powers necessary to enable the people to restore the +state to its constitutional relations with the central authority, and to +set up a republican form of government. All voters and delegates must have +taken the oath of amnesty, and must have the qualifications for voters +prescribed by the Alabama constitution and laws prior to the secession of +the state. This excluded the fourteen proscribed classes and said nothing +of the negroes. The convention, when assembled, was to prescribe +qualifications for voters and for office holders. The military and naval +officers of the United States were directed to assist the provisional +officials and to refrain from hindering and discouraging them in any way. +The Secretary of State was directed to put in force in the state of +Alabama all laws of the United States, the administration of which +belonged to the State Department. The Secretary of the Treasury was +directed to nominate assessors, collectors, and other treasury officials, +and to put into execution in Alabama the revenue laws of the United +States. The Postmaster-General was ordered to establish post-offices and +post routes and to enforce the postal laws. The Attorney-General and the +Federal judges were directed to open the United States courts in the +state. The Secretary of the Navy and the Secretary of the Interior were +ordered to put in execution the regulations of their respective +departments, so far as related to Alabama.[915] + +In making appointments to office in the southern states, the departments +were to give preference to "loyal"[916] persons of the district or state +where they were to serve. If no "loyal" persons could be found in the +state or district, such persons might be imported from other states or +districts. + +In this measure the difference appears between the Lincoln and the Johnson +plan of restoration. Lincoln believed that the executive should only make +things easy for the people to erect a government for themselves. He kept +as much as possible in the background and let it appear that the movement +originated with the people. Several times he merely suggested that negroes +with certain qualifications should be granted the suffrage. Johnson, on +the other hand, made it clear that he was the source of all authority in +the movement. He himself made stringent regulations of the suffrage, thus +creating a body of citizens, and set up a government of his own for the +purpose of creating a new state government. The people were to do as he +bade them. He did not suggest negro suffrage in any form and was, like +most southern Unionists, opposed to it. The Johnson provisional government +was a military government with the President as the source of authority. +Parsons was a military governor appointed by the commander-in-chief and +paid by the War Department.[917] Lincoln's provisional government would +have been popular government based on election by the people. + +The appointment of Parsons gave general satisfaction to all parties except +the more violent tory element in the northern part of the state, who +wanted men like D. H. Bingham or William H. Smith. A correspondent of _The +Nation_ who travelled among them in August, 1865, when this element of the +people seemed likely to form a strong portion of the new ruling class of +the South, before the President modified his plans, said of them: they are +ignorant and vindictive, live in poor huts, drink much, and all use +tobacco and snuff; they want to organize and receive recognition by the +United States government in order to get revenge--really want to be +bushwhackers supported by the Federal government; they "wish to have the +power to hang, shoot, and destroy in retaliation for the wrongs they have +endured"; they hate the "big nigger holders," whom they accuse of bringing +on the war and who, they are afraid, would get into power again; they are +the "refugee," poor white element of low character, shiftless, with no +ambition.[918] To proscribe the mass of leading citizens, the experienced +men in public affairs, as Johnson's plan at first promised to do, would +have had serious results, but his later, more liberal, policy restored the +rights of all except the more prominent. But the old leaders were never +again leaders, thinking it more politic to put forward less well-known +men. At first Johnson had the mountaineer's dislike of the "slave +aristocracy," as he called it, and his plan was devised to humiliate and +ruin this class.[919] + +A month after his appointment Governor Parsons issued (July 20) a +proclamation to the people, drawn largely from the census of 1860, showing +how prosperous the state was at that time and inviting attention to the +present condition of affairs. The question of slavery and secession, he +said, had been decided against the South, but every political and property +right, except slavery, still remained. He thus repudiated any former +belief he may have had in the right of secession. A funny comparison was +made in exuberant language and with many mixed metaphors, likening the +Union to a steamship and the state of Alabama to a man swimming around in +the water, trying to get on board. The following officers of the +Confederate state government who were in office on the 22d of May,[920] +1865, were reappointed to serve during the continuance of the provisional +government: justices of the peace, constables, members of common councils, +judges of courts, except probate, county treasurers, tax collectors and +assessors, coroners, and municipal officers. Judges of probate and +sheriffs who were in office on May 22 were directed to take the amnesty +oath and serve until others were appointed. All officers reappointed were +to take the amnesty oath and give new bond. The right was reserved to +remove any officer for disloyalty or for misconduct in office. Thus there +was a continuity between the Confederate administration and the +"restoration" administration. + +The civil and criminal laws of the state as they stood on January 11, +1861, except as to slavery, were declared in full force, and an election +of delegates to a constitutional convention was ordered for August 31, and +the convention was to meet on September 10.[921] No one could vote in the +election or be a candidate for election to the convention who was not a +legal voter according to the law on January 11, 1861, and all voters and +candidates must first take the amnesty oath or must have been pardoned by +the President. Instructions were given as to how a person who was excluded +from the benefits of the amnesty proclamation might proceed in order to +secure a pardon. A list of questions was appended by which "an improper +person" might test his case and see how bad it was. They ran like this:-- + + (1) Are you under arrest? Why? (2) Did you order, advise, or aid in + the taking of Fort Morgan and Mount Vernon? (3) Have you served on any + "vigilance" committee for the purpose of trying cases of disloyalty to + the Confederate States? (4) Did you order any persons to be shot or + hung for disloyalty to the Confederate States? (5) Did you shoot or + hang such a person? (6) Did you hunt such a person with dogs? (7) Were + you in favor of the so-called ordinance of secession? (8) You are not + bound to answer any except the first of these questions. (9) Will you + be peaceable and loyal in the future? (10) Have proceedings been + instituted against you under the Confiscation Act? (11) Have you in + your possession any property of the United States?[922] + +Parsons appointed to assist him a full staff of secretaries as follows: +Wm. Garrett, Secretary of State; M. A. Chisholm, Comptroller of Accounts; +L. P. Saxton, Treasurer; ---- Collins, Adjutant-General; M. H. Cruikshank, +Commissioner for the Destitute; John B. Taylor, Superintendent of +Education. + +A report on the condition of the treasury on September 1, 1865, shows that +of $791,294 in the treasury on May 24, 1865, only $337 was in silver and +$532 in gold. The rest was in state and Confederate money, now worthless. +The financial status of the provisional treasury was uncertain. Receipts +from July 20 to September 21, 1865, were $1766 and disbursements had been +$1572. The bonded debt of the state, held in London, was $1,336,000, in +New York, $2,109,000, a total of $3,445,000.[923] + +Parsons could hardly do otherwise than reappoint the old state officials +as temporary officers, but it created some dissatisfaction in the state +and much in the North; and in truth the Confederate state officers in 1865 +were not, in general, very efficient, being old men, cripples, incapables, +"bomb-proofs," "feather beds," and deadheads. They were not much liked by +any party unless perhaps by the few who put them in office. The +_Huntsville Advocate_ may have been voicing the objections of either +"tory" or "rebel" when it condemned Governor Parsons's reappointment of +the _de facto_ state officers--"they are not the proper persons to +rekindle the fires of patriotism in the hearts of the people."[924] + +The provisional governor was obliged to rely upon inferior material in +restoring the state government. Though the President's plan soon was shorn +of its worst proscriptive features, the work of restoration had begun by +excluding the natural leaders from a share in the upbuilding of the state, +and they were thus rendered somewhat indifferent to the process. The class +to whom the task fell was good, but it was not the best. The best men went +into the southern army or otherwise committed themselves strongly to the +cause of the Confederacy. The strong men of the state who sulked in their +tents during the war were few in numbers, and they were usually +disgruntled and cranky, and now, without influence, were much disliked by +the people. The so-called "union" men who stayed at home in "bomb-proof" +offices, or as teachers, overseers, ministers, etc., were not the kind of +men to reconstruct the shattered government. The few who had openly +espoused the Union cause had not the character, experience, and training +necessary to fit them to rule a state. Though the administration began on +a basis of very inferior material, yet the modification of the plan of the +President gradually admitted the second-rate leaders to political +privileges, and, had the experiment continued, they would have gradually +resumed control of the politics of the state. It was in some degree the +hope of this that made them willing to submit to proscription and +exclusion for a while and support the reconstruction measures of the +President. They hoped for better times.[925] + +Parsons revised the official lists thoroughly, and many of the old +officers were discharged and new ones appointed. However, they had little +to do; the army and the Freedmen's Bureau usurped their functions. A +proclamation of August 19, 1865, directed the probate judge, sheriff, and +clerk in each county to destroy, after August 31, old jury lists and make +new ones from the list of names of "loyal" citizens who had taken the +amnesty oath and registered. Circuit court judges were directed to hold +special sessions of court for the trial of state cases and to have their +grand juries inquire particularly into the cases of cotton and horse +stealing, now common crimes.[926] + + +"Proscribing Proscription" + +One of the principal occupations of the provisional government was +securing pardons for those who were excluded from the general amnesty of +May 29, 1865. Governor Parsons was for reconciliation, and those who hoped +to profit by the disfranchisement of the leaders complained of the lenient +treatment of the latter. Parsons's policy of "proscribing proscription" +was greatly disliked by those who would profit by disfranchisement. If it +were continued, they saw there would be no spoils for them. One of the +aggrieved parties related a case which might well have been his own: A +prominent "union" man went to the President to get his pardon, stating +that he had been as much a Union man as possible for the last four years. +"I am delighted to hear that," the President said. Directly the "union" +man said that he had been forced to become somewhat implicated in the +rebellion, that he had been obliged to raise money by selling cotton to +the Confederates, and, as he was worth over $20,000, it was necessary to +get a pardon. "Well, sir," the President answered, "it seems that you were +a Union man who was willing to let the Union slide. Now I will let you +slide." On the other hand, Judge Cochran of Alabama told the President +that he had been a rabid, bitter, uncompromising rebel; that he had done +all he could to cause secession, and had fought in the ranks as a private; +that he regretted very much that the war had resulted as it had; that he +was sorry they had not been able to hold out longer. But he now accepted +the results. The President asked: "Upon what ground do you base your +application for pardon? I do not see anything in your statement to justify +you in making such an application." Judge Cochran replied, "Mr. President, +I read that where sin abounds, mercy and grace doth much more abound, and +it is upon that principle that I ask for pardon." The pardon was +granted.[927] + +The President in the end granted pardons to nearly all persons who applied +for them, but not a great number applied. The total number pardoned in +Alabama from April 15, 1865, to December 4, 1868, was less than 2000, and +of these most were those who had been worth over $20,000 in 1861 and had +aided the Confederacy with their substance. For this offence (for offence +it was in Johnson's eyes) 1456 people (of whom 72 were women) were +pardoned before the general amnesty in 1868.[928] How many of this class +of excepted persons did not ask for pardon is not known. It is certain +that all who possessed that amount of wealth assisted the Confederacy. +Half at least of the $20,000 must have been slave property.[929] + +Few of the state and Confederate officials applied for pardon. Many worth +over $20,000 in 1861 did not apply. Most of those who were wealthy in 1861 +lost all they had in the war. To December 31, 1867, the President had +pardoned in Alabama only 12 generals, viz. Battle, Baker, F. M. Cockerill, +Clayton, Deas, Duff C. Green, Holtzclaw, Morgan, Moody, Pettus, Roddy, and +Wood; 11 members of the Confederate Congress had been pardoned, 1 former +United States judge, 1 former member United States Congress, 1 West Point +graduate; 2 naval officers, and 2 governors. These were the only prominent +political leaders who applied for pardon.[930] + + +SEC. 3. THE "RESTORATION" CONVENTION + +Personnel and Parties + +The election for delegates was held August 31, and the convention met in +Montgomery September 12 and adjourned on September 30. The total vote cast +for delegates was about 56,000,[931] a very large vote when all things are +considered. This being a representative body of the men who were to carry +out the Johnson plan of restoration, it will be of interest to examine +closely the personnel of the convention. There were 99 delegates, of whom +only 18 were under forty years of age, the majority being over fifty; it +was a body of old rather than middle-aged men; 26 were natives of Alabama; +24 were born in Georgia; Virginia, North Carolina, and South Carolina +furnished 28; Maryland, Kentucky, and Tennessee, 14; 6 were from northern +states, and 1 from Ireland. There were 23 Methodists; 19 Baptists; 16 +Presbyterians (the most able members), and 5 Episcopalians; 34 belonged to +no church (not a mark of respectability at that time). There were 33 +lawyers and 42 farmers and planters; 6 physicians, 9 merchants, 2 +teachers, and 7 ministers. The proportion of ministers and +non-church-members is remarkable. As to politics, 45 were old Whigs and +had voted for Bell and Everett electors in 1861, 24 voted for +Breckenridge, and 30 for Douglas; 18 had been in favor of immediate +secession and a few of these were now called "precipitators"; 11 had been +in the convention of 1861, and 10 had then voted for secession. Only one +member of the convention of 1861 from the southern and central parts of +the state was returned to the convention of 1865. All the others had by +their course in the war made themselves ineligible. Fifty-two had had no +previous experiences in public life. There were two ex-governors, two +former members of Congress, and one who had been minister to Belgium.[932] + +[Illustration: PARTIES IN THE CONVENTION OF 1865.] + +There were several extreme "union" men, a few "precipitators," who, +however, made no factious opposition, and a large majority of conservative +men. The votes on test questions showed a wide difference between the +extremists from north Alabama and the other members. The proportion was +about 63 conservatives to 36 north Alabama anti-Confederates. It was the +old sectional division. The minority was made up about equally of rampant +"union" men and old conservative Whigs; the majority, of the more liberal +Whigs and conservative Democrats. Neither party was as united as the +parties had been in 1861. There were almost as many minor divisions as +there were members, but the most of them acted together in order to +transact business, and none were allowed to obstruct. As a body the +convention was much inferior in ability to that of 1861 and lacked +experience. Nearly all were men of ordinary ability, while those of 1861 +were the best from both sections of the state. Yet this was quite a +respectable conservative body.[933] The secessionists and former Democrats +were the ablest members, and were more inclined to accept the results of +war in a philosophical spirit, and, making the best of things, to go to +work to bring order out of political chaos. The _Herald_ correspondent +said that John A. Elmore was the strongest man in the convention. He had +been an ardent secessionist of the Yancey school, yet in the convention he +did more than any other man to bring the weaker men around to correct +views and harmony of action.[934] + +Ex-Senator and Ex-Governor Fitzpatrick was chosen to preside, and Governor +Parsons administered the amnesty oath. The convention at once notified +President Johnson of the desire and intention of the people to be and to +remain loyal citizens of the United States. It indorsed his administration +and policy and asked him to pardon all who were not included in the +amnesty proclamation of May 9, 1865.[935] + + +Debates on Secession and Slavery + +The debate on the action to be taken as to the ordinance of secession was +warm and extended over the entire session. The dispute was concerning the +form of words to be used in repealing or otherwise getting rid of the +ordinance of secession. One delegate proposed that it be declared +"unconstitutional and therefore illegal and void"; another wanted it +declared "null and void"; another, "the so-called ordinance of secession, +null and void"; others, "unconstitutional, null and void"; "unauthorized, +null and void"; or "unauthorized and void from the beginning." The +minority proposition to declare it "unauthorized, null and void," was laid +on the table by a vote of 69 to 21, the minority being from north Alabama. +A proposition to declare it "unconstitutional, null and void" was lost by +the same vote. And all similar propositions fared about the same.[936] +However, a proposition to say that "it is and was unconstitutional" +secured 34 votes against 59. Clark of Lawrence, who had been in the +convention of 1861, wanted this convention to declare the ordinance of +secession "unauthorized, null and void," because, he said, in 1861, the +majority of the people voted for "union and coöperation," and that, as the +convention refused to submit its work to the people, the people were +misrepresented and the ordinance of secession was unauthorized. Yet he +would not say that it was unconstitutional and void from the beginning. +Other members said that the convention of 1861 had full authority. From +the act of the legislature of 1860 which provided for the calling of the +convention, the people understood that it had full authority and they also +knew that it would use its authority to secede. "Unauthorized" would mean +that there was no cause for calling the convention of 1861, and would even +deny the right to secede as a revolutionary right. It would mean consent +to the doctrine of passive obedience, and also that the convention of 1861 +and those who supported it had usurped authority, and "we thereby +impliedly should leave the memory of our dead who died for their country +to be branded as traitors and rebels and turn over the survivors, so far +as we are concerned, to the gibbet."[937] The ordinance favored by the +majority of the convention declared that the ordinance of secession "is +null and void," and was adopted by a unanimous vote.[938] All other +ordinances, resolutions, and proceedings of the convention of 1861, and +such provisions of the constitution of 1861 as were in conflict with the +Constitution of the United States, were declared null and void.[939] + +The state bonded debt in aid of the war was $3,844,500, which was held +principally in Mobile. There were other indirect war debts, but no one +knew the amount. On a test vote early in the session the convention was +divided, 58 to 34, against repudiating the war debt.[940] Later, by a vote +of 60 to 19, all debts created by the state of Alabama, directly or +indirectly in aid of the war, were declared void, and the legislature was +forbidden to pay any part of it, or of any debts contracted directly or +indirectly by the Confederacy or its agents or by its authority.[941] + +In the debate in regard to the abolition of slavery, Mr. Coleman of +Choctaw[942] desired to know by what authority the people of Alabama had +been deprived of their constitutional right to property in slaves.[943] He +urged the convention not to pass an ordinance to abolish slavery, but to +leave the President's proclamations and the acts of Congress to be tested +by the Supreme Court; that there was no such thing as secession; a state +could not be guilty of treason, and Alabama had committed no crime; +individuals had done so; others were loyal and were entitled to their +rights. Not only those who had always been loyal but also those who had +taken the amnesty oath were entitled to their property;[944] those +pardoned by the President were entitled to the same rights, and Congress +had no authority to seize property except during the lifetime of the +criminal. The Federal government had no right to nullify the Constitution. +The abolition of slavery should be accepted as an act of war, not as the +free and voluntary act of the people of Alabama which latter course would +prevent the "loyalists" of Alabama, from receiving compensation for +slaves. He denied that slavery was non-existent; Lincoln's proclamation +did not destroy slavery; it was a question for the Supreme Court to +decide, and to admit that Lincoln's proclamation destroyed slavery was to +admit the power of the President and Congress to nullify every law of the +state. For all these reasons it was inexpedient for the convention to +declare the abolition of slavery. + +Judge Foster of Calhoun answered that the war had settled the question of +slavery and secession; that the question of slavery was beyond the power +of the courts to decide, and, besides, a decision of the Supreme Court +would not be respected. The question had to be decided by war, and having +been so decided, there was no appeal from the decision. The institution of +slavery had been destroyed by secession. The question was not open for +discussion. Slavery, he said, does not exist, is utterly and forever +destroyed,--by whom, when, where, is no matter. The power of arms is +greater than all courts. Citizens should begin to make contracts with +their former slaves. Should the Supreme Court declare the proclamations of +the Presidents and the acts of Congress unconstitutional, slavery would +not be restored. Whether destroyed legally or illegally, it was destroyed, +and the people had better accept the situation and restore Federal +relations.[945] + +Mr. White of Talladega[946] proposed to abide by the proclamations of the +President and the acts of Congress until the Supreme Court should decide +the question of slavery. White said that he had opposed secession as long +as he could; that the states were not out of the Union, but had all their +rights as formerly.[947] Mr. Lane of Butler wanted an ordinance to the +effect that since the institution of slavery had been destroyed in the +state of Alabama by act of the Federal government, therefore slavery no +longer exists. This was lost by a vote of 66 to 17.[948] On September 22, +1865, an ordinance was adopted by a vote of 89 to 3 which declared that +the institution of slavery having been destroyed, neither slavery nor +involuntary servitude should thereafter exist in the state, except as a +punishment for crime. All provisions in the constitution regarding slavery +were struck out, and it was made the duty of the next legislature to pass +laws to protect the freedmen in the full employment of all their rights of +person and property and to guard them and the state against any evils that +might arise from their sudden emancipation.[949] Mr. Taliafero Towles of +Chambers, a "loyalist," proposed an ordinance to make all "free +negroes"[950] who were not inhabitants of the state before 1861 leave the +state. Mr. Langdon of Mobile regretted this proposition, and thought it +would do harm. Mr. Towles explained that he lived near the Georgia line +and that he was much annoyed by the negroes who came into Alabama from +Georgia. Mr. Patton[951] of Lauderdale opposed such a policy. It was +unwise, he said; let people go where they pleased; he would invite people +from all parts of the Union to Alabama. Mr. Mudd of Jefferson thought that +such a measure would be extremely unwise. Mr. Hunter of Dallas said that +it was very unwise, that it would do no good, and at such a time would be +harmful. Passions must be allayed. Towles withdrew the resolution.[952] + +Mr. Saunders of Macon introduced a memorial to the President to release +President Davis. It was referred to a committee and was not heard +from.[953] General Swayne of the Freedmen's Bureau sent to the convention +a memorial from a negro mass-meeting in Mobile praying for the extension +of suffrage to them. It was unanimously laid on the table.[954] + + +"A White Man's Government" + +General Swayne had made an arrangement with the governor by which the +state officials were required to act as agents of the Freedmen's Bureau. +The convention now passed an ordinance requiring these officers to +continue to discharge the duties of agents of the Bureau "until the +adjournment of the next general assembly." Seventeen north Alabama men +opposed the passage of this ordinance.[955] + +Mr. Patton of Lauderdale proposed an ordinance in regard to the basis of +representation in the general assembly. It was not correctly understood in +north Alabama, which section, thinking it called for representation based +on population, rose in wrath. The _Huntsville Advocate_ said: "This is a +white man's government and a white man's state. We are opposed to any +changes in the convention except such as are necessary to get the state +into the Union again."[956] Mr. Patton explained that the purpose of his +measure was to base representation on the white population. He cheerfully +indorsed north Alabama doctrine, "This is a white man's government and we +must keep it a white man's government."[957] The ordinance as passed +provided for a census in 1866, and the apportionment of senators and +representatives according to white population as ascertained by the +census. The delegates from the white counties of north Alabama and +southeast Alabama voted for the ordinance, and thirty delegates from the +Black Belt voted against it.[958] + +This measure destroyed at a blow the political power of the Black Belt, +and had the Johnson government survived, the state would have been ruled +by the white counties instead of by the black counties. This was partly +the result of antagonism between the white and black counties. + +Early in the session Mr. Sheets of Winston, "loyalist," demanded that all +amendments to the Constitution adopted by the convention should be +referred to the people for ratification or rejection, except such as +related to slavery.[959] Mr. Webb of Greene, chairman of the Committee on +the Constitution, reported that, on account of the state of the times, it +was not expedient to refer the amendments to the people. Mr. Clark of +Lawrence[960] wanted the people to have an opportunity to show whether +they favored the work of the convention. He said that, in 1861, had the +ordinance of secession been referred to the people, it would have been +defeated. + +The members who were in favor of not sending the amendments to the people +said that there was not time, and that there were too many other +elections; that the people had confidence in the convention or they would +not have elected the delegates who were there. But the north Alabama +delegates insisted that their constituents not only expected to have the +amendments submitted to them, but that they (the delegates) had pledged +that they would have the amendments sent before the people.[961] The north +Alabama party could not consistently do anything but object to the +adoption of the constitution by proclamation. Some had never recognized +the supreme authority of a constitutional convention; others were opposed +to the expediency of adoption by proclamation. By a vote of 61 to 25 the +constitution was proclaimed in force without reference to the people.[962] + + +Legislation + +The convention did some important legislative work necessary to put the +business of administration in running order again. All the laws enacted +during the war not in conflict with the United States Constitution, and +not relating to the issue of money and bonds nor to appropriations, were +ratified and declared in full force since their dates.[963] All officials +acts of the state and county officials, all judgments, orders, and decrees +of the courts, all acts and sales of trustees, executors, administrators, +and guardians, not in conflict with United States Constitution were +ratified and confirmed. Deeds, bonds, mortgages, and contracts made during +the war were declared valid and binding. But in cases where payments were +to be made in Confederate money the courts were to decide what the true +value of the consideration was at the time.[964] Divorces granted during +the war by the chancery court were declared valid.[965] Marriages between +negroes, whether during slavery or since emancipation, were declared +valid; and in cases where no ceremony had been performed, but the parties +recognized each other as man and wife, such relationship was declared +valid marriage. The children of all such marriages were declared +legitimate. Fathers of bastard negro children were required to provide for +them. The freedmen were placed under the same laws of marriage as the +whites, except that they were not required to give bond.[966] The +legislature was commanded to pass laws prohibiting the intermarriage of +whites with negroes or with persons of mixed blood.[967] + +In view of the lawlessness prevailing in some of the counties, the +provisional governor was authorized to call out the militia in each +county, and the mayors of Huntsville, Athens, and Florence were given +police jurisdiction over their respective counties until the legislature +should act. The ante-bellum militia code was declared in force, and all +other laws in regard to the militia were repealed.[968] + +The governor was ordered to pay the interest on the bonded debt of the +state that was made before 1861, and the convention pledged the faith of +the people that the old debt should be paid in full with interest.[969] +The state was divided into six congressional districts. The negro was no +longer counted in the "Federal number," and the representation of the +state in Congress was thus reduced. Elections were ordered for various +offices in November and December, 1865, and March and May, 1866. The +provisional governor was authorized to act as governor until another was +elected and inaugurated. It was ordered that in the future no convention +be held unless first the question of convention or no convention be +submitted to the people and approved by a majority of those voting.[970] + +Finally, the convention asked that the President withdraw the troops from +the state, the people and the convention having complied with all the +conditions and requirements necessary to restore the state to its +constitutional relations to the Federal government.[971] The convention +adjourned on September 30, having been in session ten days in all. The +constitution went into effect gradually, Parsons enforcing some of it; +Patton and the newly elected legislature organized the government under it +from December, 1865, to May, 1866. But it never became more than a +provisional constitution, which was set aside by the President at +pleasure. + + +SEC. 4. "RESTORATION" COMPLETED + +By convention ordinance and by constitutional amendment the civil rights +of the freedmen were made secure, family relations legalized, property +rights secured; the courts of law were open to them, and in all cases +affecting themselves, their evidence was admissible. The admission of +negro testimony was generally approved by the bar and the magistracy, but +disliked by the ignorant classes of whites. All magistrates and judicial +officers who refused to admit negro testimony or to act as Bureau agents +were removed from office by the governor. One mayor (of Mobile) and one +judge were removed. + +Affairs were going on well, though the civil government was weakened and +lost prestige by being subordinated to the military authorities.[972] The +convention having authorized Parsons to organize the militia to aid in +restoring order, several companies were organized and instructed to act +solely in aid of the civil authorities and in subordination to them. They +were to act alone only when there was no civil officer present.[973] + +Among the whites there was a vague but widespread fear of negro +insurrections, and toward Christmas this fear increased. The negroes were +disappointed because of the delayed division of lands, and their temper +was not improved by the reports of adventurers, black and white, who came +among them as missionaries and sharpers. There was a general and natural +desire among the freedmen to get possession of firearms, and all through +the summer and fall they were acquiring shotguns, muskets, and pistols in +great quantities. Most of the guns were worthless army muskets, but new +arms of the latest pattern were supplied by their ardent sympathizers in +the belief that the negroes were only seeking means of protection. A +sharper who claimed to be connected with the government travelled through +some of the black counties, telling the negroes that they were mistreated +and must arm themselves for protection. He sold them certificates for +$2.50 each which he said would entitle the bearers to muskets if presented +at the arsenals at Selma, Vicksburg, etc.[974] Hence arose the fears of +the whites who were poorly armed. + +In several instances where there was fear of negro insurrection the civil +authorities, backed by the militia, searched negro houses for concealed +weapons, and sometimes found supplies of arms, which were confiscated. +There was a general desire to disarm the freedmen until after Christmas, +when the expected insurrection failed to materialize; but no order for +disarming was issued by the governor, and a bill for that purpose was +defeated in the legislature. Some of the militia companies undertook to +patrol the country to scare the negroes with a show of force,[975] and in +some places disguised patrols rode through the negro settlements to keep +them in order. There were several instances of unauthorized disarming and +lawless plunder under the pretence of disarming the blacks, by marauders +who took advantage of the state of public feeling and followed the example +of the disguised patrol bands. General Swayne himself was afraid of negro +insurrection, and before Christmas did not interfere with the attempts of +the whites to control the blacks. After Christmas the negroes quieted +down, and most of them made some pretence of working. The next case of +disarming that occurred brought the interference of General Swayne, who +ordered that neither the civil nor the military authorities should again +interfere with the negroes under any pretext, unless by permission from +himself. He threatened to send a negro garrison into any community where +the blacks might be interfered with. After that, he says, the people were +"more busy in making a living," and the militia organizations disbanded. +Two classes of the population were now beyond the reach of the civil +government, the "loyalists" and the negroes, and the civil authorities +maintained that these were the source of most disorder.[976] + +An act of Congress, July 2, 1862, prescribed that every person elected or +appointed to any office under the United States government should, before +entering upon the duties of the office, subscribe to the "iron-clad" test +oath,[977] which obliged one to swear that he had never aided in any way +the Confederate cause. Outside of the few genuine Union men of North +Alabama, there were not half a dozen respectable white men in the state +who could take such an oath. Those who had been opposed to secession had +nearly all aided in the prosecution of the war or had held office under +the Confederate government. The thousands who had fallen away from the +Confederates in the last year of the war could not take the oath. The +women could not take it, and few even of the negroes could. Those who +could take the oath were detested by all, and the unfitness of such +persons for holding office was clearly recognized by the administration. +By law, certain Federal offices had to be filled by men who lived in the +county or state. The Federal service did not exist in Alabama at the end +of the war, and the President and Cabinet, agreeing that the requirement +of the oath could not be enforced, made temporary appointments in the +Treasury and postal service of men who could not take the oath. In Alabama +the men appointed were the old conservatives, those who had opposed +secession. The officers appointed were marshals and deputy marshals, +collectors and assessors of internal revenue, customs officers, and +postmasters. Objection was made in Congress to the payment of these +officers, and Secretary McCulloch of the Treasury made a report on the +subject. He stated that it was difficult to find competent persons who +could take the oath, and that it was better for the public service and for +the people that their own citizens should perform the unpleasant duty of +collecting taxes from an exhausted people. There was no civil government +whatever, and it was necessary that the Federal service be established. In +regard to future appointments, he said, it would be difficult, if not +impossible, to find competent men in the South who could take the oath, +that very few persons of character and intelligence had failed to connect +themselves in some way with the insurgent cause. The persons who could +present clean records for loyalty would have been able to present equally +fair records to the Confederate government had it succeeded, or else they +lacked the proper qualifications. Northern men of requisite qualifications +would not go South for the compensation offered. For the government to +collect taxes in the southern states by the hands of strangers was not +advisable. Better for the country politically and financially to suspend +the collection of internal revenue taxes in the South for months or years +than to collect them by men not identified with the taxpayers in sympathy +or interest. It would be a calamity to the nation and to the cause of +civil liberty everywhere if, instead of a policy of conciliation, the +action of the government should tend to intensify sectional feeling. To +make tax-gatherers at the South of men who were strangers to the people +would be a most unfortunate course for the government to pursue, and fatal +consequences, he thought, would follow such a policy. He asked that the +oath be modified so that the men in office could take it.[978] The +Postmaster-General made similar recommendations.[979] + +For years after the war the test oath obstructed administration and +justice in the South. The Alabama lawyers could not take the oath, and +United States courts could not be held because there were no lawyers to +practise before them. There were many cases of property libelled which +should have come before the United States courts, but it was not +possible.[980] As men of character could not be found to fill the offices, +the Post-office Department tried to get women to take the post-offices, +but they could not take the test oath. Many post-offices remained closed, +and mail matter was sent by express. Letters were thrown out at a station +or given to a negro to carry to the proper person. Juries in the Federal +courts had to take practically the same oath as the "iron-clad," and the +jury oath was in existence long after the others were modified. So for +years a fair jury trial was in many localities impossible.[981] + +The effect of the proscription by the test oaths of the only men who were +fit for office was distinctly bad. It drove the old +Whig-coöperationist-Unionist men into affiliation with the secessionists +and Democrats. The division of the whites into different parties was made +less likely. The Senate regularly rejected nominations made by the +President of men who could not take the oath,[982] and the military +authorities were inclined to enforce the taking of the test oath by the +state and local officials of the provisional government.[983] + +The convention ordered an election, on November 30, for governor, state +and county officials, and legislature. There were three candidates for +governor, all respectable, conservative men, old-line Whigs, from north +Alabama, the stronghold of those who had opposed secession. They were R. +M. Patton of Lauderdale, M. J. Bulger of Tallapoosa, and W. R. Smith of +Tuscaloosa.[984] The section of Alabama where the spirit of secession had +been strongest refrained from putting forward any candidate. The radical +"loyalists" had no candidate. The few prominent men of that faction saw +that it would be political suicide for them to commit themselves to the +Johnson plan after he had begun the pardoning process, and were now +working to overthrow the present political institutions. Only in case the +plan of the Radicals in Congress should succeed would the "loyalists" get +any share in the spoils. The Conservative candidates were in sympathy with +the north Alabama desire for "a white man's government." Mr. Patton in the +late convention had secured the revision of the constitution so as to base +representation on the white population. During the war General M. J. +Bulger, the second candidate, made a speech at Selma in which he said he +had opposed secession and had refused to sign the ordinance, but had +deemed it his duty to fight when the time came and had served throughout +the war. There could be, he said, no negro suffrage, no negro +equality.[985] W. R. Smith had been the leader of the coöperationists in +the convention of 1861. The election resulted in the choice of R. M. +Patton of Lauderdale over Bulger and Smith by a good majority.[986] + +The new legislature met on November 20, but Patton was not inaugurated +until a month later, owing to the refusal of the Washington administration +to allow Parsons to resign the government into the hands of what the +administration intended should be the permanent, "restored" state +government. The object in the delay was the desire of the President to +have the Thirteenth Amendment ratified before he relinquished the state +government. It was a queer mixture of a government--an elected +constitutional legislature and a governor and state administration +appointed by the commander-in-chief of the army.[987] The legislature was +recognized, but the governor elected at the same time was not. Several +acts of legislation were done by this military-constitutional government +during the thirty days of its existence, the most important being the +ratification of the Thirteenth Amendment by the legislature. This was done +with the understanding, the resolution stated, that it did not confer upon +Congress the power to legislate upon the political status of the freedmen +in Alabama.[988] The amendment was ratified December 2, 1865, and on the +10th, Secretary Seward telegraphed to Parsons that the time had arrived +when in the judgment of the President the care and conduct of the proper +affairs of the state of Alabama might be remitted to the constitutional +authorities chosen by the people. Parsons was relieved, the instructions +stated, from the trust imposed in him as provisional governor. When the +governor-elect should be qualified, Parsons was to transfer papers and +property to him and retire.[989] On the strength of these instructions +Governor Patton was inaugurated December 13, 1865. In his inaugural +address the new governor said that the extinction of slavery was one of +the inevitable results of the war. "We shall not only extend to the +freedmen all their legitimate rights," he stated, "but shall throw around +them such effectual safeguards as will secure them in their full and +complete enjoyment. At the same time it must be understood that +politically and socially ours is a white man's government. In the future, +as has been the case in the past, the state affairs of Alabama must be +guided and controlled by the superior intelligence of the white man. The +negro must be made to realize that freedom does not mean idleness and +vagrancy. Emancipation has not left him where he can live without +work."[990] + +Though Patton was inaugurated on December 13, the Washington authorities +did not authorize the formal transfer of the government until December 18, +and the charge was made on December 20, 1865. + +The legislature at once elected ex-Governor Parsons and George S. Houston +to the United States Senate. The people had already elected six +congressmen of moderate politics.[991] So far as concerned the state of +Alabama, the presidential plan of restoration was complete, if Congress +would recognize the work. + +A proclamation of the President on December 1, revoking and annulling the +suspension of the writ of _habeas corpus_, expressly excepted all the +southern states and the southern border states. It was not until April 2, +1866, that the President declared the rebellion at an end.[992] He had +little faith in his restored governments, or else he liked to interfere, +and he still retained the power to do so. + + + + +CHAPTER IX + +THE SECOND PROVISIONAL ADMINISTRATION + + +Status of the Provisional Government + +It was generally understood in the state that while Congress was opposed +to the presidential plan of restoration and repudiated it as soon as it +convened, yet if the state conventions should abolish slavery, and the +state legislatures should ratify the Thirteenth Amendment, their +representatives would be admitted to Congress. This was the meaning, it +seemed, of a resolution offered in the Senate December 4, 1865, by Charles +Sumner, one of the most radical of the Radical leaders.[993] On the same +day, in the House of Representatives, Thaddeus Stevens, the Radical leader +of the lower house, introduced a resolution, which was adopted, to appoint +a joint committee of the Senate and House to inquire into conditions in +the southern states. Until the committee should make a report, no +representatives from the southern states should be admitted to +Congress.[994] Under this resolution, the Committee of Fifteen on +Reconstruction was appointed. In order to support a report in favor of the +congressional plan of reconstruction and to justify the overturning of the +southern state governments, the committee took testimony at Washington +which was carefully calculated to serve as a campaign document. Such +Radicals as Stevens professed to believe that the arbitrary rule of the +President was hateful to the southern people. Stevens said: "That they +would disregard and scorn their present constitutions forced upon them in +the midst of martial law, would be most natural and just. No one who has +any regard for freedom of elections can look upon these governments, +forced upon them in duress, with any favor."[995] Just exactly how much of +this he meant may be inferred from his later course as leader of the +Radicals of the House, in the movement which forced the negro-carpet-bag +government upon the southern states. Now Stevens proposed to "take no +account of the aggregation of whitewashed rebels who, without any legal +authority, have assembled in the capitals of the late rebel states and +simulated legislative bodies."[996] + +The Republican caucus instructed Edward McPherson, clerk of the House, to +omit from the roll the names of the members-elect from the South as +certified by the Secretary of State. This was done, and the southern +congressmen were not even allowed the usual privileges of +contestants.[997] + +As soon as the leaders in Congress felt that they were strong enough to +carry through their plan to destroy the governments erected under the +President's plan, they agreed that no senator or representative from any +southern state should be admitted to either branch of Congress until both +houses should have declared such state entitled to representation.[998] +The state governments were recognized as provisional only, and for a year +or more Congress was occupied in the fight with the President over +Reconstruction. The consequence was that Patton became provisional +governor of a territory and not the constitutional governor of a state. +The state suffered from much government at this time. First, came the +military authorities with military commissions; then, the Freedmen's +Bureau with its courts supported by the military; the Bureau also acted +independently of the army and with civilian officers; it was also a part +of the Parsons provisional government, and later of the Patton government, +and so controlled the minor officials of the state administration. To +complicate matters further, the President constantly interfered by order +or direction with all the various administrations, for all were subject to +his supervision. The many governments were bound up with one another, and +by interfering with the action of one another increased the general +confusion. The people lost respect for authority, and only public opinion +served to regulate the conduct of individuals. + + +Legislation about Freedmen + +For several months the industrial system was entirely disorganized, +especially in the neighborhood of the cities, and many people realized the +absolute necessity of laws to regulate negro labor. The negro insisted on +taking a living from the country without working for it. There were also +fears of insurrection by the idle negroes who were waiting for the +division of spoils, and General Swayne of the Bureau felt a touch of the +apprehension.[999] + +When the legislature met, a few of the demagogues who had told their +constituents that they would soon regulate all troubles introduced many +bills to regulate labor, and thousands of copies were printed for +distribution. On December 15 it was agreed to print ten thousand copies of +all bills relating to freedmen.[1000] This was done, and though the +governor had not approved them, the country members went home with pockets +full of bills introduced by themselves, to show to their constituents and +to scare the negroes into work. The regulations proposed made special +provision for the freedmen, and under different circumstances it would +have been well for the negro if they had been passed into law and +enforced; but it was not good policy at this time to propose such +regulations, in view of the fact that the Radicals were watching for such +action and hoping for it. However, it is probable that nothing that the +southern whites could have done would have met with the approval of the +Radicals. + +Governor Patton asked General Swayne for advice in regard to the pending +bills relating to freedmen, and Swayne informed him of the probable bad +effect on public opinion in the North. After Christmas the Senate passed +some obnoxious bills, and these the governor vetoed. The other bills that +came up from the lower house failed to pass in the Senate. Similar bills, +modified in many details, but which would have been of much use could they +have been enforced as law, were passed by both houses only to be vetoed by +the governor. The negroes were now showing a disposition to work, and the +legislature did not attempt to pass the bills over the governor's veto. +Next, a law relating to contracts between whites and blacks was attempted. +General Swayne was known to favor such a law, but Governor Patton vetoed +it. He declared that such a law would cause much trouble; he had +information that everywhere freedmen were going to work on terms +satisfactory to both parties and that they were disposed to discharge +their obligations, and there should not be, he said, one law for whites +and another for blacks; special laws for regulating contracts between +whites and freedmen would do no good and might cause harm; the common law +gave sufficient remedy for violations of contracts, viz. damages. General +Swayne had been strongly of the opinion that contracts regularly made and +carefully inspected on behalf of the negro were necessary. Later he came +to the conclusion that the negro needed no protection by contract or by +special law; that he had a much better protection in the demand for his +labor, and would only be injured by artificial safeguards; contracts would +cause litigation, and it was best for both parties to be able to break an +engagement at pleasure. He was of the opinion that the whites preferred +contracts, while the negro disliked to bind himself to anything. Hunger +and cold, he declared, were the best incentives to labor. Swayne further +reported that all objectionable bills relating to freedom had been +vetoed.[1001] + +A bill passed both houses to extend to freedmen the old criminal laws of +the state formerly applicable to free persons of color. Governor Patton +vetoed the bill on the ground that a system of laws enacted during slavery +was not applicable to present conditions. He showed how the proposed laws +would act, and the legislature not only accepted the veto, but repealed +all such laws then in the code and on the statute books.[1002] At the +close of the session there were two laws on the statute books which made a +distinction before the law between negroes and whites. The first made it a +misdemeanor, with a penalty of $100 fine and ten days' imprisonment, to +purchase or receive from a "free person of color" any stolen goods, +knowing the same to have been stolen.[1003] + +The second act gave the freedmen the right to sue and be sued, to plead +and be imprisoned, in the state courts to the same extent as whites. They +were competent to testify only in open court, and in cases in which +freedmen were concerned directly or indirectly. Neither interest in the +suit nor marriage should disqualify any black witness.[1004] This law, if +restrictive at all, was never in force in the lower courts where minor +magistrates and judicial officers presided; for, by the order of the +convention and later of the legislature, the state officials were _ex +officio_ agents of the Freedmen's Bureau, and sworn to make no distinction +between white and black.[1005] + +Two laws were passed for the purpose of regulating labor, in theory +applicable equally to white and black. They had the approval of General +Swayne, who was always present when labor legislation was discussed.[1006] +The first law made it a misdemeanor to interfere with, to hire, entice +away, or induce to leave the service of another any laborer or servant who +had made a contract in writing, as long as the contract was in force, +unless by consent of the employer given in writing or verbally "in the +presence of some reputable white person." The penalty for inducing a +laborer to break a contract was a fine of $50 to $500,--in no case less +than double the amount of the injury sustained by the employer; and half +the fine was to go to the injured party.[1007] The compilers of the Penal +Code refused to incorporate this statute into the code on the ground that +it was inconsistent with other provisions of the code as adopted by the +legislature. The Penal Code had an old ante-bellum provision which made it +a penal offence to entice, decoy, or persuade a servant or apprentice to +leave the service of his master. The penalty was a fine of $20 to $100, +and imprisonment for not more than three months might also be +allowed.[1008] + +The second labor law defined the relations of master and apprentice. The +war had made orphans of many thousand children, white and black, and there +were few people who could look after them. Under slavery no regulation of +such things had been necessary for negro children. Now the children were +running wild, in want, neglected, becoming criminals and vagabonds. Negro +fathers ran off when freedom came, left their wives and children, and took +unto themselves other and younger wives. The negro mother, left alone, +often incapable and without judgment, could not support her children; and +many negro children were found both of whose parents had died, or who had +deserted them. As a result of the war, there were many white orphan +children and many widowed mothers who were unable to care for their +children. For years (1862-1875) there was much suffering among the +children of the poorer whites and the negroes. The apprentice law was an +extension of an old statute, and was designed to make it possible to care +for these dependent children. It was made the duty of county officials to +report to the probate courts all minors under the age of eighteen who were +destitute orphans, or whose parents refused or were unable to support +them; and the court was to apprentice them to suitable persons. In case +the minor were the child of a freedman, the former owner should have the +preference when he or she should be proven a suitable person. In such +cases the probate judge was to keep a record of all the proceedings. The +master to whom the minor was apprenticed was obliged to give bond that he +would furnish the apprentice sufficient food and clothing, treat him +humanely, furnish medical attention in case of sickness, and teach or have +him taught to read and write, whether white or black, if under the age of +fifteen. Power was given to inflict such punishment as a father or +guardian might inflict on a child or ward, but in no case should the +punishment be cruel. In case the apprentice should leave the employment of +the master without the consent of the latter, he might be arrested by the +master and carried before a justice of the peace, whose duty it was to +remand the apprentice to the service of his master. If the apprentice +refused to return, he was to be committed to jail until the next session +of the probate court, which would investigate the case, and, if convinced +that the apprentice had not good cause for leaving his master, would +punish the apprentice under the vagrancy laws. If the court should decide +that the apprentice had good cause to leave his master, he was to be +released from the indenture and the master fined not more than $100, which +was to be given to the apprentice. Apprenticeship was to end at the age of +twenty-one for men and eighteen for women. Parents could bind out minor +children under the regulations of this act.[1009] It was a penal offence +to sell or give intoxicating liquors to apprentices or to gamble with +them.[1010] + +The definition of vagrancy was extended to include stubborn and refractory +servants, laborers, and servants who loitered away their time or refused, +without cause, to comply with a contract for service. A vagrant might be +fined $50 and costs, and hired out until the fine was paid, but could not +be hired for a longer time than six months. The proceeds of fines and +hiring in all cases were to go to the county treasury for the benefit of +the poor.[1011] + +These statutes form the so-called "Slave Code" or "Black Code" of the +state which was so harshly criticised by the Radicals as being designed to +reënslave the negroes.[1012] There is no doubt that if enforced they would +have affected the blacks more than the whites, though they were meant to +apply to both.[1013] Something of the kind was felt to be a necessity. +There were hundreds of negroes wandering about the country, living by +petty theft, and some rascally whites made it a business to purchase +stolen property, especially cotton, from them. White vagrants were +numerous. The refuse of both armies and numbers of the most worthless +whites, who had lost all they had in the war, travelled about the country +as tramps, their sole occupation being to victimize the ignorant by some +scheme. Stringent laws, strictly enforced, would have done much to restore +order.[1014] + + +The Negro under the Provisional Government + +The lawlessness prevalent in the state consequent upon civil war and +emancipation had resulted in filling the jails with all sorts and +conditions of criminals--mostly negroes--who were charged with minor +offences, such as stealing, fighting, burning, which were committed during +the jubilee after the coming of the Federal troops. They were clearly +guilty of the crimes alleged, since they were imprisoned by consent of the +Freedmen's Bureau, which allowed no negro to be arrested without its +permission. There were some whites confined for similar small offences, +and there were many "union" men, or "rebels," according to locality, who +were under arrest for crimes committed during the war. Most of the crimes +were not serious or were committed under the abnormal conditions of war. +The governor, after consultation with General Swayne, "with entire +singleness of purpose" (Swayne), issued a proclamation of amnesty and +pardon[1015] for all offences, except murder and rape, committed between +April 13, 1861, and July 20, 1865.[1016] Many hundred prisoners were thus +liberated, among them eight hundred freedmen[1017] confined for +penitentiary offences. No bad results followed.[1018] + +By state law and military order the negro was now freed from slavery and +given all the civil rights possessed by the whites, unless in certain +cases of law between whites in the higher courts where the negro was not +permitted to testify. In all cases concerning his own race, directly or +indirectly, his standing before the court was the same as that of a white +or better. The races were forbidden to intermarry. The apprentice and +vagrancy laws, which were meant to regulate the economic relations between +the races, could not be enforced because of technical and practical +difficulties, and because the officials who were to enforce them were _ex +officio_ agents of the Bureau and therefore forbidden to enforce such +laws. The Bureau upheld the negro in all his rights and much beyond. There +was the most urgent demand for his labor, and to secure his wages there +was a lien on the employer's crop. The negro was free to come and go when +he pleased, and his pleasure led him to do this so often that written +contracts fell into immediate disfavor on account of the useless +litigation and disputes that ensued. Many of the more thrifty blacks began +to acquire small bits of property. + +The travellers who visited the South in the fall of 1865 and in 1866 +agreed (except Schurz) that there was no thought of reënslavement of the +negro by the white; that the white was more afraid of the negro than the +negro of the white; that there was no need of protection, for the demand +for his labor would protect him. There were more colored artisans than +white, and all were sure of employment. At first the strong conviction +that they were not free unless they were careering around the country in +idleness resulted in a general wandering. In the fall and winter a large +majority returned to their old homes. "Once being assured of their liberty +to go and come at will, they generally returned to the service of the +southerner."[1019] The courts gave substantial justice, it was reported; +the judge and jury would prefer the case of a black to that of a mean +white man; negro testimony in lawsuits was more and more favored, and the +standing of the negro in the courts became more and more secure. +Conditions as to the treatment of the negroes were steadily +improving.[1020] An unfriendly critic who travelled through the Gulf +states said that the negro was fairly well paid and fairly well +treated.[1021] A charge to the grand jury of Pike County by Judge Henry D. +Clayton, on September 9, 1866, will serve to show the sentiments of the +judicial officers and members of the bar as well as juries. It was +reprinted at the North as a campaign document. The following is a +summary:-- + +A certain class of our population is clothed with civil rights and +privileges that it did not possess until recently, and in dealing with +them some embarrassment will be felt. One of the results of the war was +the freedom of the black race. We deplore the result as injurious to the +country and fatal to the negroes, but we are in honor bound to observe the +laws which acknowledge their freedom. "When I took off my sword in +surrender, I determined to observe the terms of that surrender with the +same earnestness and fidelity with which I first shouldered my musket." We +may cherish the glorious memories of that past, in the history of which +there is nothing of which we need be ashamed, but now we have to +reëstablish society and rebuild our ruined homes. Those unwilling to +submit to this condition of things may seek homes abroad.[1022] We are +bound to this soil for better or for worse. What is our duty? Let us deal +with the facts as they are. The negro has been made free, though he did +not seek freedom. Nominally free, he is beyond expression helpless by his +want of self-reliance, of experience, of ability to understand and +appreciate his condition. For promoting his welfare and adapting him to +this new relation to society, all agencies from abroad will prove +inadequate. The task is for us who understand him. To remedy the evil +growing out of abolition two things are necessary: (1) we must recognize +the freedom of the race as a fact, enact just and humane laws, and +willingly enforce them; (2) we must in all our relations with the negro +treat him with perfect fairness. We shall thus convince the world of our +good faith, get rid of the system of espionage [the Freedmen's Bureau] by +removing the pretext for its necessity, and secure the services of the +negroes, teach them their place, and convince them that we are their +friends. We need the labor of the negro and it is worth the effort to +secure it. We owe the negro no grudge; he has done nothing to provoke our +hostility; freedom was forced upon him. "He may have been the companion of +your boyhood; he may be older than you, and perhaps carried you in his +arms when an infant. You may be bound to him by a thousand ties which only +a southern man knows, and which he alone can feel in all their force. It +may be that when, only a few years ago, you girded on your cartridge box +and shouldered your trusty rifle to go to meet the invaders of your +country, you committed to his care your home and your loved ones; and when +you were far away upon the weary march, upon the dreadful battle-field, in +the trenches, and on the picket line, many and many a time you thought of +that faithful old negro, and your heart warmed toward him."[1023] + + +Movement toward Negro Suffrage + +The Freedmen's Bureau and the provisional government had set aside, +repealed, or suspended laws which treated the negro as a separate class. +It was soon seen that the civil government had little real authority, +being frequently overruled by the officials of the army and Bureau and by +the President. The civil officials became accustomed to considering Swayne +or Woods, the commander of the troops in Alabama, rather than the state +government, as the source of authority. It was known that the Radicals +were bent on giving the ballot to the negro and on disfranchising southern +political and military leaders. Some politicians began to consider the +question of giving the ballot to the negro under certain restrictions. +This was not done from any faith in the political intelligence of the +negro, or belief that he was fitted for or needed the exercise of the +franchise; for it was and is an article of the political faith of the +southern people that the exercise of suffrage is a high privilege, an +historical and inherited right, not the natural and absolute right of all +men. The reasons were very different, and were based entirely on +expediency and necessity: (1) Such action would forestall the Radical +programme and disarm, to some extent, the hostile party at the North. (2) +It would enable the native leaders, by conferring the privilege on the +negro, to gain his confidence, control his vote, and thereby make it +harmless. It was certain, it seemed, that two widely separated white +political parties would arise as soon as outside pressure should be +removed, and each hoped to get control of most of the negro vote. (3) Such +a measure would increase the representation of the state in the Congress, +thus giving them needed strength at a critical period. (4) The Black Belt +hoped in this way to regain its former political influence. The new +constitution, by making the white population the basis of representation, +had transferred political supremacy to the white counties. + +As early as October, 1865, Truman remarked that some leaders were thinking +of giving the ballot to the negroes. He thought that suffrage for the +negroes would harm them and would inflame the lower classes of whites +against them. But if left to the leaders and politicians, they, for the +sake of increased representation in Congress, would bring the people +around, and by 1870 the negro would be voting.[1024] About the same time a +correspondent of _The Nation_ observed that there was no great objection +to giving the negro the ballot because the white leaders thought that they +could control it. It would not be opposed by the planters of the South, +but by the middle and poorer classes,--the merchants, mechanics, and +laborers.[1025] Early in 1866 Representative Brooks[1026] of Lowndes, a +black county, introduced a bill in the lower house providing for a +qualified negro suffrage based on education and property. It was laid on +the table, but not before a calm and dispassionate discussion. The bill +proposed by Brooks was opposed more because it disfranchised a large +number of whites than because it gave suffrage to the negro. The debates +showed that later the legislature would do something along that line if +assured that such a course would result in readmission into the Union. In +the discussion the idea was urged that something must be done to prevent +the Radicals from taking the question of suffrage to the central +government. This, it was held, would be dangerous to the South, with its +peculiar population, to which general Federal legislation would not well +apply, and hence it would be dangerous for the suffrage question to become +one of national instead of state concern. Then, too, the people were +intensely weary of provisional rule, and wanted to resume their proper +position in the Union.[1027] + +The people of the north Alabama white counties, the hilly section of the +state, were opposed to any form of negro suffrage, though some of their +leaders who understood the state of affairs were willing to think of it as +a last resort to defeat the intentions of the Radicals. The Black Belt +people, who had less prejudice against the negro and who were sure that +they could control him and gain in political power, were more favorably +inclined. Left alone, the various interests would have united to carry +through the project in time. Suffrage so conferred upon the blacks would +have been strictly limited,--a premium offered, not a right +acknowledged,--under the control of the native white leaders and +supporting their interests, just exactly the situation of the lower-class +voters everywhere else, and the reverse of the southern situation since +1867. + +One of the north Alabama leaders, L. Pope Walker,[1028] after consulting +with other prominent men, went to Montgomery and conferred with General +Swayne in regard to the state of affairs. Swayne gave assurance that a +qualified negro suffrage would be favorably received at the North, would +create a good impression, and assist, perhaps, in an early restoration of +the state to the Union. He knew that suffrage for the negro brought about +in this way would result in gaining the black vote for the southern and +probably for the Democratic party. Though a believer in the rights of all +men to vote and a strong Republican, Swayne was not then committed to the +Radical programme and was ready to encourage the movement. An opportunity +for the entering wedge was now at hand. Many of the minor magistrates and +the sheriffs were also administering the affairs of the Freedmen's Bureau, +and consequently were more or less under the direction of Swayne, who was +the assistant commissioner in Alabama. His instructions to agents, before +the convention, directed that all laws be administered without regard to +color. Governor Parsons approved these directions and required all +provisional officers to take oath accordingly. The convention sanctioned +this arrangement, and ordered it to continue until the close of the next +general assembly. This general assembly had practically continued the +arrangements already made. In consequence, the state officials, whether +willingly or not, were still, at the time when the movement for negro +suffrage began, obliged to obey the directions of Swayne. The bulk of the +people being opposed to the movement, it was proposed to make an +experiment on the responsibility of the Freedmen's Bureau and to use that +much-disliked institution as an instrument, for the people would not be +much surprised at anything it would do. So the sheriff of Madison County, +in the winter of 1866-1867, when some local election was at hand, wrote to +General Swayne, asking if the election laws also were to be carried out +regardless of color. He announced his willingness to carry out +instructions. Here was an opportunity to begin the experiment, but public +feeling became so irritated by the Radical measures in Congress that +nothing was done, the election was not held, and the Reconstruction Acts, +coming soon after, prejudiced the people more strongly than ever against +anything of the kind.[1029] + +About December 1, 1866, a bill was introduced into the state legislature +"to amend the constitution of the state according to impartial suffrage, +and then ask representation, leaving the amnesty question in the hand of +Congress." Reporting this action to Chief Justice Chase, Swayne added: +"This I am told is popular, and the member is sustained by his +constituents."[1030] The legislature, at the same time, intended to reject +the Fourteenth Amendment. + +It has been stated that in February, 1867, an effort was made, with the +indorsement of the President, to induce the southern legislatures which +had rejected the Fourteenth Amendment to adopt a qualified negro suffrage. +This was tried in Alabama and North Carolina, and probably hastened +congressional Reconstruction.[1031] + +With the passage of the Reconstruction Acts and other congressional action +in regard to the negroes, affairs changed complexion rapidly. The +alienation of the races began. It was seen that the negro vote would now +be controlled by worthless outsiders and native whites. The expected +division of the whites into two well-defined parties did not occur; there +was an almost united white party. A few whites, indeed, there were who +were ready to try negro suffrage, not those, however, who had been +thinking of it during the past two years. The result of the war had +intensified party spirit. The old "Union" men were intensely bitter +against the secessionists or "precipitators," and in the present crisis +some otherwise good citizens were so blinded by party passion as to put +revenge above the welfare of their country, and were ready to accept the +aid of their former slaves in their fight against the men whom they +considered responsible for the present condition of affairs. Others who +now took up negro suffrage were mere politicians, content to take office +at any price to the country, and who could never hope for office until +existing institutions were destroyed.[1032] + + +New Conditions of Congress and Increasing Irritation + +The first general assembly under the provisional government ratified the +Thirteenth Amendment, "with the understanding that it does not confer upon +Congress the power to legislate upon the political status of freedmen in +this state."[1033] The same legislature requested the President to order +the withdrawal of the Federal troops on duty in Alabama, for their +presence was a source of much disorder and there was no need of +them.[1034] + +The President was asked to release Hon. C. C. Clay, Jr., who was still in +prison.[1035] At the end of the session a resolution was adopted approving +the policy of President Johnson and pledging coöperation with his "wise, +firm, and just" work; asserting that the results of the late contest were +conclusive, and that there was no desire to renew discussion on settled +questions; denouncing the misrepresentations and criminal assaults on the +character and interest of the southern people; declaring that it was a +misfortune of the present political conditions that there were persons +among them whose interests were promoted by false representations; +confidence was expressed in the power of the administration to protect the +state from malign influences; slavery was abolished and should not be +reëstablished; the negro race should be treated with humanity, justice, +and good faith, and every means be used to make them useful and +intelligent members of society; but "Alabama will not voluntarily consent +to change the adjustment of political power as fixed by the Constitution +of the United States, and to constrain her to do so in her present +prostrate and helpless condition, with no voice in the councils of the +nation, would be an unjustifiable breach of faith."[1036] + +During the year 1866 there was a growing spirit of independence in the +Alabama politics. At no time had there been a subservient spirit, but for +a time the people, fully accepting the results of the war, were disposed +to do nothing more than conform to any reasonable conditions which might +be imposed, feeling sure that the North would impose none that were +dishonorable. To them at first the President represented the feeling of +the people of the North, perhaps worse. The theory of state sovereignty +having been destroyed by the war, the state rights theories of Lincoln and +Johnson were easily accepted by the southerners, who were content, after +Johnson had modified his policy, to leave affairs in his hands. When the +serious differences between the executive and Congress appeared, and the +latter showed a desire to impose degrading terms on the South, the people +believed that their only hope was in Johnson. They believed the course of +Congress to be inspired by a desire for revenge. Heretofore the people had +taken little interest in public affairs. Enough voters went to the polls +and voted to establish and keep in operation the provisional government. +The general belief was that the political questions would settle +themselves or be settled in a manner fairly satisfactory to the South. Now +a different spirit arose. The southerners thought that they had complied +with all the conditions ever asked that could be complied with without +loss of self-respect. The new conditions of Congress exhausted their +patience and irritated their pride. Self-respecting men could not tamely +submit to such treatment.[1037] + +During the latter part of 1865 and in 1866, ex-Governor Parsons travelled +over the North, speaking in the chief cities in support of the policy of +the President. He asked the northern people to rebuke at the polls the +political fanatics who were inflaming the minds of the people North and +South. He demanded the withdrawal of the military. There had been, he +said, no sign of hostility since the surrender; the people were opposed to +any legislation which would give the negro the right to vote; and it was +the duty of the President, not of Congress, to enforce the laws.[1038] + +Much angry discussion was caused by the passage of the Freedmen's Bureau +Bill in 1866. The Bureau officials had caused themselves to be hated by +the whites. They were a nuisance, when no worse, and useless,--a plague to +the people. Though there were comparatively few in the state, they were +the cause of disorder and ill-feeling between the races. Though there was +now even less need of the institution than a year before, the new measure +was much more offensive in its provisions.[1039] There was great +rejoicing when the President vetoed the bill, which the _Mobile Times_ +called "an infamous disorganization scheme of radicalism." The Bureau had +become a political machine for work among white and black. The passage of +the bill over the veto was felt to be a blow at the prostrate South.[1040] + +The Civil Rights Bill of 1866 was also a cause of irritation. There was a +disposition among the officials of the Freedmen's Bureau to enforce all +such measures before they became law. Orders were issued directing the +application of the principles of measures then before Congress. The United +States commissioner in Mobile decided that under the "Civil Rights +Bill"[1041] negroes could ride on the cars set apart for the whites. +Horton, the Radical military mayor of Mobile, banished to New Orleans an +idiotic negro boy who had been hired to follow him and torment him by +offensive questions. Horton was indicted under the "Civil Rights Bill" and +convicted. The people of Mobile were much pleased when a "Yankee official +was the first to be caught in the trap set for southerners."[1042] + +Another citizen of Mobile, a magistrate, was haled before a Federal court, +charged with having sentenced a negro to be whipped, contrary to the +provisions of the "Civil Rights Bill." The magistrate explained that there +was nothing at all offensive about the whipping. He had not acted in his +magisterial capacity, but had himself whipped the negro boy for lying, +stealing, and neglect of duty while in his employ.[1043] The agent of the +Bureau at Selma notified the mayor that the "chain gang system of working +convicts on the streets had to be discontinued or he would be prosecuted +for violation of the 'Civil Rights Bill.'"[1044] Judge Hardy of Selma +decided in a case brought before him that the "Civil Rights Bill" was +unconstitutional. He declared it to be an attack on the independence of +the judiciary.[1045] + + +Rejection of the Fourteenth Amendment + +In the fall of 1866 the proposed Fourteenth Amendment was submitted to the +legislature. There was no longer any belief that further yielding would do +any good; the more the people gave the more was asked. State Senator E. A. +Powell wrote to John W. Forney that the people would do nothing about the +Fourteenth Amendment because they were convinced that any action would be +useless. Condition after condition had been imposed and had been absolved; +slavery had been abolished, secession acknowledged a failure, and the war +debt repudiated by the convention; the legislature had ratified the +Thirteenth Amendment, had secured the negro in all the rights of property +and person; and after all the state was no nearer to restoration.[1046] +This was the view of nearly all the newspapers of the state, and in this +they represented popular opinion. They were intensely irritated by the +fact that, although they had made so many concessions, still they were +excluded from representation in Congress, and were heavily and unjustly +taxed.[1047] Moreover, they were opposed to the amendment because it +branded their best men as traitors.[1048] One newspaper, alone, advocated +adoption of the amendment as the least of evils.[1049] + +John Forsyth, in the _Mobile Register_, said: "It is one thing to be +oppressed, wronged, and outraged by overwhelming force. It is quite +another to submit to voluntary abasement" by adopting the Fourteenth +Amendment. It should be rejected, he said, because it would disfranchise +the very best of the respectable whites, the beloved leaders of the +people. Judge Busteed, in a charge to the Federal grand jury, delivered a +political harangue advocating the adoption of the Amendment. Many ultra +"union" men in north Alabama opposed the Amendment for three reasons: (1) +though it would disfranchise the leaders, the great mass of the white +people would still be allowed to vote, especially those who had not held +civil office during the war; (2) some of these "union" men had been ardent +secessionists at the beginning and had thus compromised themselves, or +had been elected to the legislature or to some "bomb-proof" office during +the war--as "obstructionists," they claimed--and the proposed amendment +would disfranchise them along with the Confederate leaders; (3) this class +as a rule disliked the negro and never wanted negro suffrage if it were +possible to secure the overthrow of existing institutions without it. Two +planters of the Black Belt were ready for negro suffrage to one +"buckra."[1050] Those men who considered themselves "unionists" wanted no +negro suffrage, nor anything so weak as the Fourteenth Amendment; but +desired some kind of a military régime in which the United States +government should place them in permanent possession of the state +administration and exclude all who were not like themselves. The test +should be a political one, they said. It seems to be a fact that a few +hundred such men with, at the most, five thousand followers expected to +have the whole state administration under their direction for years. Yet +it would have required a special law of exemption for each of them in +order to protect them from the proscription which was to be visited upon +the ex-Confederates. For these "unionists" had often betrayed both sides +during the war. Their most patriotic duty had been "obstruction." + +By most persons the question of negro political rights was considered to +belong to the state and was not a matter for the Federal government to +regulate. "Loyalists" as well as "rebels" were afraid to leave negro +affairs to the regulation of Congress. In his annual message to the +legislature, in November, 1866, Governor Patton advised the legislature +not to ratify the Fourteenth Amendment, on the ground that it could do no +good and might do harm. It involved a creation of a penalty after the act. +On this point, he said that it was an _ex post facto_ law, and contrary to +the whole spirit of modern civilization; that such a mode of dealing with +citizens charged with offences against government belonged only to +despotic tyrants; that it might accomplish revengeful purposes, but that +was not the proper mode of administering justice; that adoption would +vacate merely all offices in most of the unrepresented states--governors, +judges, legislators, sheriffs, justices of peace, constables--and the +state governments would be completely broken up and reduced to utter and +hopeless anarchy; that the disabilities imposed by the test oath were +seriously detrimental to the interests of the government; that +ratification of the Amendment could not accomplish any good to the country +and might bring upon it irretrievable disaster.[1051] + +Under the circumstances, the legislature refused to consider the +Amendment. But the governor during the next few weeks was induced by +various considerations to recommend the ratification, and on December 7, +1866, he sent a special message stating that there was a purpose on the +part of those who controlled the national legislation to enforce their own +terms of restoration at all hazards; and that their measures would +immeasurably augment the distress already existing and inaugurate endless +confusion. The cardinal principle of restoration seemed to be, he said, +favorable action on the Fourteenth Amendment. Upon principle he was +opposed to it. Yet necessity must rule. So now he recommended +reconsideration. If they should ratify and restoration should follow, they +might trust to time and their representatives to mitigate its harshness. +If they should ratify and admission should be delayed, it would serve as a +warning to other states and thus prevent the necessary number for +ratification.[1052] + +The message created excitement in the legislature and the chances were +favorable for ratification; but ex-Governor Parsons, who was in the North, +advised against it. He thought the northern people would support the +President in the matter. The legislature refused to ratify by a vote of 27 +to 2 in the Senate, and 69 to 8 in the House.[1053] Potter of Cherokee +gave notice that on January 15 he would move to reconsider the vote. +Governor Patton, moreover, was convinced that Congress meant to carry out +its plan of reconstruction, and that opposition might make matters worse. +General Swayne kept a strong pressure upon him, assuring him that Congress +would have its own way. During the Christmas holidays the governor made +speeches in north Alabama in favor of ratifying the Amendment. Congress +would require it, he said. On principle he opposed the measure, but it +must come at last. "Look the situation squarely in the face," he said; +only 2000 or 3000 men (himself included) would be deprived of office, and +to oppose Congress was to ruin the state, to territorialize it. There were +men in Washington, he said, who were already working in order to be made +provisional governor under the new régime.[1054] After the recess Patton +sent a second message recommending that the Amendment be adopted, since it +was the evident purpose of Congress to enforce their own terms.[1055] For +a day or two it was considered, General Swayne and the governor using +their influence with the members, and it seemed almost sure to be +ratified. But Parsons, then in Montgomery, telegraphed (January 17, 1867) +to the President that the legislature was reconsidering the Amendment. +Johnson replied saying that no possible good could come of such action; +that he did not believe the people of the country would sustain "any set +of individuals" in attempts to change the whole character of the +government, but that they would uphold those who stood by the +Constitution; and that there should be no faltering on the part of those +who were determined to sustain the coördinate departments of the +government in accordance with its original design. For the third time the +Amendment failed to pass.[1056] One of the last resolutions passed by the +provisional legislature before it was abolished by the Reconstruction Acts +was on February 1, 1867, in regard to memorializing Congress to establish +a uniform system of bankruptcy. Relief was needed, they stated, "yet the +promptings of self-respect forbid the propriety of further intruding our +appeals upon a Congress which refuses to recognize the state of Alabama +for any purpose other than that of taxation. It is a source of regret that +Congress has assumed an attitude toward the state of Alabama totally +incompatible with the mutual obligations of allegiance and +protection."[1057] + + +Political Conditions, 1865-1867; Formation of Parties + +In the convention of 1865 two well-defined parties had appeared, though +generally, at that time, for the sake of harmony they acted together. +These parties grew farther and farther apart. One of them, consisting of +most of the people, especially of the central and southern section of the +state, supported the policy of the President. The other party was a motley +opposition. In it were the few original "Union" men, the tories, and many +more self-styled "union" men, who saw an opportunity for advancement for +themselves if the present government were overthrown. There were others +who thought that the old ruling class should now retire absolutely from +public life and allow their former followers to take their places. There +was a fair sprinkling of respectable men who were bitterly opposed to any +party or policy that suited the former Democrats, and believing that +Congress would not be too severe, they were willing to see three or four +thousand of the leaders disfranchised in order to get the state back into +the Union. They were willing also to become leaders themselves in the +place of those disfranchised. + +During the year 1866 these parties were organized to some degree, held +meetings, and made bids for northern support. The opposition worked into +the hands of the Radical party at the North, though many of them did not +favor the full Radical programme, especially as regarded negro suffrage. +The other party took the name of the "Conservative" or "Democratic and +Conservative." It was composed of former Democrats, Whigs, Know-nothings, +Anti-Know-nothings, Bell and Everett men,--nearly all of the respectable +voting people. These allied with the "Conservative" party in other +southern states and with the Democrats in the North and formed the +"National Union Party." Its platform was essentially the presidential plan +of Reconstruction.[1058] The campaign of 1866 was made on many +issues,--the Civil Rights Bill, Freedmen's Bureau Bill, Fourteenth +Amendment, the plans of Reconstruction. Ex-Governor Parsons and other +prominent Alabamians spoke in the cities of the North in support of the +policy of the President. Ex-Governor Shorter, in a public letter, said +that he had been a "rebel" until the close of the war, and understood the +feeling of the people of Alabama. There had not been since the surrender +and there was not now, he said, any antagonism to the United States +government, and Reconstruction based on the assumption of this would be +harmful and hopeless. The people had given their allegiance to the +government and had remodelled their state organizations in good +faith.[1059] + +"Southern outrages" now began afresh. The Radical press and Radical +politicians began to manufacture tales of outrage and cruelty on the part +of the southern whites against negroes. There had been all along a +disposition to look for "outrages" in the South, and the reports of Schurz +and the Joint Committee on Reconstruction seemed to put the seal of truth +on the tissue of falsehoods, and for campaign purposes "outrages" were +increased. For several years, judging from some accounts, the entire white +population--men, women, and children--must have given much of their time +to persecuting, beating, and killing negroes and northern men. The Radical +papers seized upon the silly things said or done by the idlers of +bar-rooms and street corners or printed in the small newspapers and +magnified them into the "threatening voice of a whole people." Against +this mistake General Swayne repeatedly protested. He had no special liking +for the southern people, but he scorned to misrepresent the true state of +affairs for political capital. During his stay in the state (more than two +years) the tenor of his reports was: There was no trouble from the +southern whites; northern men were welcomed in a business way; disorder +and lawlessness existed in sections of the state, but this was a natural +result of long war and civil strife among the people. In his reports, +Swayne repeatedly stated that as time went on the condition of affairs was +gradually improving. Newspaper correspondents sent to write up conditions +in the South went among the most worthless part of the population, in +bar-rooms, hotel lobbies, on street corners, in country groceries, and +wrote up the doings and sayings of these people as representative of all. +Even E. L. Godkin was not above doing such a thing at times.[1060] These +writers carefully recorded the idle talk about the negro and the North and +dressed it up for Radical information. A favorite plan was to find some +woman, coarse and vulgar and cruel-minded, and describe her and her +speeches as representative of southern women. The southern newspapers +republished such correspondence as specimens of Radical methods. The +whites were more and more irritated. This aggravating correspondence and +the more aggravating editorials continued in some papers long after the +Reconstruction period.[1061] + +On the other hand, northern men received little or no social welcome in +the South. Most of them would not have been sought after in any section; +few representatives of northern culture came South. The indiscretions of +some caused the ostracism of all. But that was not the sole reason. +General Swayne seemed surprised at "social exclusion" and mentioned it +before the Reconstruction sub-committee. But, said an Alabama +correspondent, what else can he expect? Why is he surprised? Can the +sister, the mother, and the father who have lost their loved ones care to +meet those who did the deeds? They meet with respectful treatment; let +them not ask too much.[1062] + +What the people needed and wanted was a settled and certain policy. The +mixed administrations of the provisional authorities and the President, of +the Freedmen's Bureau and the army, did not result in respect for the +laws. The talk of confiscation and disfranchisement kept the people +irritated. They thought that they had already complied with the conditions +imposed precedent to admission to the Union and now believed that Congress +was acting in bad faith. Many were willing to affiliate even with +conservative Republicans in order to overthrow the Radicals. Much was +hoped for in the way of good results from the "National Union" movement. +Few or none of the northern business men in the state thought that the +Radical plan was necessary. They did not expect or desire its +success.[1063] + +There was a convention of the Conservative party at Selma in July, 1866. +Delegates were elected to the National Union convention at +Philadelphia.[1064] The Selma convention indorsed the policy of Johnson +and condemned the Radical party as the great obstacle to peace. The most +prominent men of the state were present, representing both of the old +parties--Whigs and Democrats.[1065] The national platform adopted in +Philadelphia stated the principles to which the southerners had now +committed themselves, viz.: the war had decided the national character of +the Constitution; but the restrictions imposed by it upon the general +government were unchanged and the rights and authority of the states were +unimpaired; representation in Congress and in the electoral college was a +right guaranteed by the Constitution to every state, and Congress had no +power to deny such right; Congress had no power to regulate the suffrage; +there is no right of withdrawal from the Union; amendments to the +Constitution must be made as provided for by the Constitution, and all +states had the right to a vote on an amendment; negroes should receive +protection in all rights of person and property; the national debt was +declared inviolable, the Confederate debt utterly invalid; and Andrew +Johnson's administration was indorsed.[1066] + +Ex-Governor Parsons and others from Alabama spoke in New York, New Jersey, +Maine, and Pennsylvania, at National Union meetings. Parsons told the +North that the conservative people of Alabama were in charge of the +administration, and would not send extreme men to Congress; the +representatives chosen had opposed secession. The "Union" party,--a large +one in the state,--he said, had hoped that after the war each individual +would have to answer for himself, but instead all were suffering in +common.[1067] + +The opposition party was weak in numbers and especially weak in leaders. +The tory and deserter element, with a few from the obstructionists of the +war time and malcontents of the present who wanted office, made up the +native portion of the party. Northern adventurers, principally agents of +the Freedmen's Bureau, teachers and missionaries, and men who had failed +to succeed in some southern speculation, with a number of those who follow +in the path of armies to secure the spoils, composed the alien wing of the +opposition party.[1068] The fundamental principle upon which the existence +of the party was based required the destruction of present institutions +and the creation of a new political people who should be kept in power by +Federal authority. The northern soldiers of fortune saw at once that it +would be necessary to give the ballot to the negro. The native Radicals +disliked the idea of negro suffrage and seemed to think that the central +government should proscribe all others, place them in power and hold them +there by armed force until they could create a party. + +Such a party could secure a northern alliance only with the extreme +Radical wing of the Republican party. A convention of "Southern Unionists" +was held in Washington, in July, 1866, which issued an address to the +"loyalists" of the South, declaring that the reconstruction of the +southern state governments must be based on constitutional principles, and +the present despotism under an atrocious leadership must not be permitted +to remain; the rights of the citizens must not be left to the protection +of the states, but Congress must take charge of the matter and make +protection coextensive with citizenship; under the present state +governments, with "rebels" controlling, there would be no safety for +loyalists,--they must rely on Congress for protection. A meeting of +"southern loyalists" was called to be held in September, in Independence +Hall in Philadelphia.[1069] The Alabama delegates to this convention were +George Reese, D. H. Bingham, M. J. Saffold, and J. H. Larcombe. This +Philadelphia convention condemned the "rebellion as unparalleled for its +causelessness, its cruelty, and its criminality." "The unhappy policy" of +the President was "unjust, oppressive, and intolerable." The policy of +Congress was indorsed, but regret was expressed that it did not provide +by law for the greater security of the "loyal" people in the southern +states. Demand was made for "the establishment of influences of patriotism +and justice" in each of the southern states. Washington, Lincoln, the +Declaration of Independence, Philadelphia, and Independence Hall--all were +brought in. The question of negro suffrage was discussed, and most of the +delegates favored it. Of the five delegates from Alabama, two announced +themselves against it.[1070] At a Radical convention in Philadelphia about +the same time the delegates from Alabama were Albert Griffin, an +adventurer from Ohio; D. H. Bingham, a bitter tory, almost demented with +hate; and M. J. Saffold, who had been an obstructionist during the war. +Here was the beginning of the alliance of carpet-bagger and scalawag that +was destined to ruin the state in six years of peace worse than four years +of war had done. The convention indulged in unstinted abuse of Johnson and +demanded "no mercy" for Davis. Bingham was one of the committee that +presented the hysterical report demanding the destruction of the +provisional governments in the South. Saffold opposed the negro suffrage +plank. He had no prejudice himself, he explained, but thought it was not +expedient. He was hissed and evidently brought to the correct +opinion.[1071] + +After the report of the Joint Committee on Reconstruction in 1866 it was +believed by the Radicals that Congress would be victorious over the +President, and the party in Alabama that expected to control the +government under the new régime began to hold meetings and organize +preparatory to dividing the offices. January 8-9, 1867, a thinly attended +"Unconditional Union Mass-meeting" was held at Moulton, in Lawrence +County. Eleven of the counties of north Alabama were represented, the hill +and mountain people predominating. Nicholas Davis, who presided, said that +none but "loyal" men must control the states, lately in rebellion.[1072] +The action of Congress was commended by the convention; the proposed +Fourteenth Amendment was indorsed; and Congress was asked to distinguish +between the "precipitators" and those "coerced or otherwise led by the +usurpers."[1073] They asked for $100 a year bounty for all Union soldiers +from north Alabama, and for the compensation of Unionists for property +lost during the war. The leaders here present were Freedmen's Bureau +agents, Confederate deserters, and former obstructionists.[1074] + +A "Union" convention was held in Huntsville, March 4, 1867. Seventeen +north Alabama counties were represented by much the same crowd that +attended the Moulton convention.[1075] General Swayne was there, carried +along by the current, and, it was said, hoping for high office under the +new régime.[1076] The convention declared that a large portion of the +people of the South had been opposed to secession, but rather than have +civil war at home had acquiesced in the revolution; that the true position +of these "unionists" now was with the party that would protect them +against future rebellion; it was necessary that the Federal government be +strengthened; the "union" men of each county were asked to hold meetings +and send delegates to a state convention to be held during the +summer.[1077] + +The spring of 1867 saw the white Radical party stronger than it ever was +again. The few native whites who were to take part in the Reconstruction +had chosen their side. After this time the party gradually lost all its +respectable members. The carpet-baggers and Bureau agents had not yet +shown their strength. The scalawags did not foresee that to the +carpet-baggers would fall the lion's share of the plunder, owing to their +control over the negro vote. + +The President's plan failed, not because of any inherent defect in itself, +but because of the bungling manner in which it was administered. If +President Johnson had been content to place confidence in any one of the +agencies to which were intrusted the government of the South, it would +have been better. Had the governments set up by him been endowed with +vigor, it is probable that Congress would not have fallen wholly under the +control of the Radicals. The penalty for the indiscretions of the +President was visited upon the South. To-day the southern people like to +believe that, had Lincoln lived, his policy would have succeeded, and the +horrors of Reconstruction would have been mitigated or prevented. +Johnson's policy was that of Lincoln, except that he reserved to himself a +much larger part in setting up and running the provisional governments. He +established state governments, pronounced them constitutional, completed, +perfected, and asked Congress to recognize them before he had proclaimed +the rebellion at an end or restored the privilege of the writ of _habeas +corpus_.[1078] + +He interfered himself, and allowed or ordered the army to interfere, in +the smallest details of local administration. The military rule in Alabama +was on the whole as well administered as it could be, which is seldom +well. There were too few soldiers and the posts were too widely separated +for the exercise of any firm or consistent authority. But the people were +sorry to see even the worst of this give place to the reign of +carpet-bagger, scalawag, and negro. The interference of the army and the +President discredited the civil government in the minds of the people. The +absolute rule of the President over the whole of ten states, though never +used for bad purposes, was, nevertheless, not to be viewed with equanimity +by those who were afraid of the almost absolute power that the executive +had assumed during the war. That the power had not been used for bad +purposes was no guarantee against future misuse. There was some excuse for +the pretended fright of the Radical leaders, like Sumner and Stevens, and +the real anxiety of more moderate men, at the dictatorial course of +Johnson. But it must be said that a desire for a share in political +appointments was a cause of much of this "real anxiety." + +From 1865 to 1868, and even later, there was, for all practical purposes, +over the greater part of the people of Alabama, no government at all. +There was little disorder; the people were busy with their own affairs. +Public opinion ruled the respectable people. Until the close of +Reconstruction, the military and civil government touched the people +mainly to annoy. From 1865 to 1874 government and respect for government +were weakened to a degree from which it has not yet recovered. The people +governed themselves extra-legally and have not recovered from the +practice. + +By taking cases from the civil authorities for trial before military +commission, by dictating the course of the civil government, by nullifying +the actions of the highest executive officers, the acts of the +legislature, and the decisions of the highest courts, the army was mainly +responsible for the lack of confidence in the civil administration. + + + + +CHAPTER X + +MILITARY GOVERNMENT, 1865-1866 + + +In the account of the affairs thus far we have seen many evidences of the +active participation of the military power of the United States in the +conduct of government in Alabama. It will be useful at this point to +examine with some care the form and scope of the authority concerned +during the period of the provisional state government's existence. + +The Military Division of the Tennessee (1863), under General Grant, +included the Department of the Cumberland, under the command of General +George H. Thomas. Several counties of north Alabama in the possession of +the Federals formed a part of this department and for three years were +governed entirely by the army, except for two short intervals, when the +Federal forces were flanked and forced to retire. Anarchy then reigned, +for the civil government had been almost entirely destroyed in ten of the +northern counties. June 7, 1865, the Military Division of the Tennessee +was reorganized under General Thomas, and included in it was the +Department of Alabama, commanded by General C. R. Woods, with headquarters +at Mobile. In October, 1865, Georgia and Alabama were united into a +military province called the Department of the Gulf, under General Woods. +This department was still in the Military Division of the Tennessee, +commanded by General Thomas. June 1, 1866, Alabama and Georgia were formed +into the Department of the South and were still in Thomas's Military +Division of the Tennessee. General Woods commanded, with headquarters at +Macon, Georgia. Alabama was ruled by General Swayne from Montgomery. +August 6, 1866, the Military Division of the Tennessee was discontinued +and was made a department, General Thomas retaining the command. In this +department Georgia and Alabama formed the District of the Chattahoochee, +with headquarters at Macon, commanded by General Woods. The Sub-district +of Alabama was commanded by General Swayne, who was also in charge of the +Freedmen's Bureau at Montgomery. This organization lasted until the Third +Military District, under the Reconstruction Acts of March 2, 1867, was +formed of Alabama, Florida, and Georgia, and General Thomas (immediately +superseded by General Pope) was put in command.[1079] + + +The Military Occupation + +Within a month after the surrender of Lee, Alabama was occupied by Federal +armies, and garrisons were being stationed at one or more points in all +the more populous counties. Everywhere, the state and county government +was broken up by the military authorities, who were forbidden to recognize +any civil authority in the state. Into each of the 52 counties soldiers +were sent to administer the oath of allegiance to the United States to any +one who wished to take it. Most people were indifferent about it.[1080] + +For several months there was no civil government at all, and no government +of any kind except in the immediate vicinity of the army posts and the +towns where military officers and Freedmen's Bureau agents regulated the +conduct of the negroes, and incidentally of the whites, well or badly, +according to their abilities and prejudices. Some of the officers, +especially those of higher rank, endeavored to pacify the land, gave good +advice to the negroes, and were considerate in their relations with the +whites; others incited the blacks to all sorts of deviltry and were a +terror to the whites.[1081] Each official in his little district ruled as +supreme as the Czar of all the Russias. He was the first and last +authority on most of the affairs of the community. + +Early in the summer each city and its surrounding territory was formed +into a military district under the command of a general officer, who was +subject to the orders of General Woods at Mobile. There were the districts +of Mobile, Montgomery, Talladega, and Huntsville--each with a dozen or +more counties attached. Then there were isolated posts in each. The +district was governed by the rules applying to a "separate brigade" in the +army.[1082] The different posts, districts, and departments were formed, +discontinued, reorganized, with lightning rapidity. Hardly a single day +passed without some change necessitated by the resignation or muster out +of officers or troops. Commanding officers stayed a few days or a few +weeks at a post, and were relieved or discharged. Some of the officers +spent much of their time pulling wires to keep from being mustered out. +Others resigned as soon as their resignations would be accepted. Few or +none had any adequate knowledge of conditions in their own districts, nor +was it possible for them to acquire a knowledge of affairs in the short +time they remained at any one post. + +After the establishment of the provisional government, the army was +supposed to retire into the background, leaving ordinary matters of +administration to the civil government. This it did not do, but constantly +interfered in all affairs of government. The army officers cannot be +blamed for their meddling with the civil administration, for the President +did the same and seemed to have little confidence in the governments he +had erected, though he gave good accounts of them to Congress. The +struggle at Washington between the President and Congress over +Reconstruction confused the military authorities as to the proper policy +to pursue. The instructions from the President and from General Grant were +sometimes in conflict. + +In August, 1865, the military commander published the President's Amnesty +Proclamation of May 29, 1865, and sent officers to each county to +administer the oath.[1083] Instructions were given that "no improper +persons are to be permitted to take the oath." The oath was to be signed +in triplicate, one copy for the Department of State, one for military +headquarters, and one for the party taking the oath. Regulations were +prescribed for making special applications for pardon by those excepted +under the Amnesty Proclamation. There were 120 stations in the state where +officials administered the oath of amnesty.[1084] The military authorities +gave the term "improper persons" a broad construction and excluded many +who applied to take the oath. The various officers differed greatly in +their enforcement of the regulations. Special applications for pardon had +to go through military channels, and that meant delays of weeks or months; +so, after civil officials were appointed in Alabama, "improper persons" +took the oath before them, and then their papers were sent at once to +Washington for the attention of the President. There was some scandal +about the provisional secretary of state accepting reward for pushing +certain applications for pardon. But there was no need to use influence, +for the President pardoned all who applied. + +Soon after Parsons was appointed provisional governor, an order stated +that the United States forces would be used to assist in the restoration +of order and civil law throughout the state and would act in support of +the civil authorities as soon as the latter were appointed and qualified. +The military authorities were instructed to avoid as far as possible any +assumption or exercise of the functions of civil tribunals. No arrest or +imprisonment for debt was to be made or allowed, and depredations by +United States troops upon private property were to be repressed.[1085] + + +The Army and the Colored Population + +As acting agents of the Freedmen's Bureau, the army officers had to do +with all that concerned the negroes; but sometimes, in a different +capacity, they issued regulations concerning the colored race. It is +difficult to distinguish between their actions as Bureau agents and as +army officers. On the whole, it seems that each officer of the army +considered himself _ex officio_ an acting agent of the Bureau. + +Soon after the occupation of Montgomery, an order was issued prohibiting +negroes from occupying houses in the city without the consent of the +owner. They had to vacate unless they could get permission. Negroes in +rightful possession had to show certificates to that effect from the +owner. All unemployed negroes were advised to go to work, as the United +States would not support them in idleness.[1086] This order was intended +to discourage the tendency of the negro population to flock to the +garrison towns. The first troops to arrive were almost smothered by the +welcoming blacks, who were disposed to depend upon the army for +maintenance. The officers were at first alarmed at the great crowds of +blacks who swarmed around them, and tried hard for a time to induce them +to go back home to work. Their efforts were successful in some instances. +In view of the fact that the posts and garrisons were the gathering places +of great numbers of unemployed blacks, an order, issued in August, 1865, +instructed the commanders of posts and garrisons to prohibit the loitering +of negroes around the posts and to discourage the indolence of the +blacks.[1087] + +In Mobile some kind of civil government must have been set up under the +direction of the military authorities, for we hear of an order issued by +General Andrews that in all courts and judicial proceedings in the +District of Mobile the negro should have the same standing as the +whites.[1088] These may have been Bureau courts. + +It was represented to the military commander that the negroes of Alabama +had aided the Federals in April and May, 1865, by bringing into the lines, +or by destroying, stock, provisions, and property that would aid the +Confederacy, and that they were now being arrested by the officers of the +provisional government for larceny and arson. So he ordered that the civil +authorities be prohibited from arresting, trying, or imprisoning any negro +for any offence committed before the surrender of Taylor (on May 4, 1865), +except by permission of military headquarters or of the assistant +commissioner of the Freedmen's Bureau.[1089] When the Federal armies +passed through the state in April and May, 1865, thousands of negroes had +seized the farm stock and followed the army, for a few days at least. +There was more of this seizure of property by negroes after garrisons were +stationed in the towns. The order was so construed that practically no +negro could be arrested for stealing when he was setting out for town and +the Bureau. A few weeks before the order was issued, Woods stated, "I do +not interfere with civil affairs at all unless called upon by the governor +of the state to assist the civil authorities."[1090] + +Terrible stories of cruel treatment of the negroes were brought to Woods +by the Bureau officials, and he sent detachments of soldiers to +investigate the reports. Nothing was done except to march through the +country and frighten the timid by a display of armed force, which was +evidently all the agents wanted. One detachment scoured the counties of +Clarke, Marengo, Washington, and Choctaw, investigating the reports of the +agents.[1091] + +The commanding officers at some posts authorized militia officers of the +provisional government to disarm the freedmen when outbreaks were +threatened. But after Christmas General Swayne ordered that no authority +be delegated by officers to civilians for dealing with freedmen, but that +such cases be referred to himself as the assistant commissioner of the +Freedmen's Bureau.[1092] There had been great fear among some classes of +people that the negroes would engage in plots to massacre the whites and +secure possession of the property, which they were assured by negro +soldiers and Bureau agents the governor meant them to have. About +Christmas, 1865, the fear was greatest. For six months the blacks had been +eagerly striving to get possession of firearms. The soldiers and +speculators made it easy for them to obtain them. In Russell County $3000 +worth of new Spencer rifles were found hidden in negro cabins.[1093] There +were few firearms among the whites, for all had been used in war and were +therefore seized by the United States government. Some feared that the +negroes were preparing for an uprising, but it is more probable that they +merely wanted guns as a mark of freedom. The purchase of firearms by +whites was discouraged by the army. The sale of arms and ammunition into +the interior was forbidden, but speculators managed to sell both. General +Smith, at Mobile, had one of them--Dieterich--arrested and confined in the +military prison at Mobile.[1094] The _Mobile Daily Register_ was warned +that it must not print articles about impending negro insurrections,[1095] +a very good regulation; but the violent negro sheet in Mobile was not +noticed, though it was a cause of excitement among the blacks. + +In the fall of 1866 it was reported to the Secretary of State, Mr. Seward, +that negroes were being induced to go to Peru on promise of higher wages. +Seward induced Howard, the commissioner of the Freedmen's Bureau, to have +the Bureau annul or disapprove all contracts of freedmen to go beyond the +limits of the United States. General Swayne, who was now both assistant +commissioner and military commander, was directed to enforce Howard's +order in Alabama.[1096] + + +Administration of Justice by the Army + +From April to December, 1865, all trade and commerce had to go on under +the regulations prescribed by the army. The restrictions placed on trade +caused demoralization both in the army and among the Treasury agents, who +worked under the protection of the military.[1097] It was ordered that +civilians guilty of stealing government cotton should be punished, after +trial and conviction by military commission, according to the statutes of +Alabama in force before the war. Later all cases of theft of government +property were tried by military commission.[1098] + +When the cotton agents were tried by military commission[1099] there arose +a conflict of authority between the military authorities and the Federal +Judge. One agent, T. C. A. Dexter, was arrested and sued out a writ of +_habeas corpus_ before Busteed, the Federal judge. The writ was served on +General Woods and Colonel Hunter Brooke, who presided over the military +commission. The officers declined to obey, saying that a military +commission had been convened to try Dexter, and that no interference of +the civil authorities would be permitted. Busteed ordered Dexter to be +discharged, and Woods to appear before him and show why he should not be +prosecuted for contempt of court. Woods paid no attention to this order, +and Busteed sent the United States marshal to arrest him. The marshal +reported that he was unable to get into the presence of Woods, because the +military guard was instructed not to allow him to pass. Woods sent a +message to Busteed that the writ had not been restored in Alabama. Busteed +made a protest to the President and asserted that the trial could not +lawfully proceed except in the civil courts. President Johnson sustained +the course of General Woods, and thereby gave a blow to his provisional +government, for Busteed at once adjourned his court--the only Federal +court in the state. The sentiment of the people was with Busteed in spite +of his own notorious character and that of the defendant. All wanted the +civil government to take charge of affairs.[1100] + +Of the cases of civilians tried by summary courts in the summer of 1865, +there is no official record; of the cases tried by military commission +during 1865 and 1866, only incomplete records are to be found. A partial +list of the cases, with charges and sentences, is here given:-- + + Wilson H. Gordon,[1101] civilian, murder of negro, May 14, 1865. + Convicted. + + Samuel Smiley,[1101] civilian, murder of negro, 1865. Acquitted. + + T. J. Carver,[1102] cotton agent, stealing cotton. Fined $90,000 and + one year's imprisonment. + + T. C. A. Dexter,[1103] cotton agent, stealing cotton (3321 bales) and + selling appointment of cotton agent to Carver for $25,000. Fined + $250,000 and imprisonment for one year. + + William Ludlow,[1104] civilian, stealing United States stock. Four + years' imprisonment. + + L. J. Britton,[1105] civilian, guerilla warfare and robbery. Fined + $5000 and imprisonment for ten years. (Fine remitted by reviewing + officer.) + + George M. Cunningham,[1106] late Second Lieutenant 47th Ill. Vol. + Inf., stealing government stores. Fined $500. + + John C. Richardson,[1107] civilian, guerilla warfare and robbery. + Imprisonment for ten years. + + Owen McLarney,[1107] civilian, assault on soldier. Acquitted. + + William B. Rowls,[1107] civilian, guerilla warfare and robbery. + Imprisonment for ten years. + + Samuel Beckham,[1107] civilian, receiving stolen property. + Imprisonment for three years. + + John Johnson,[1108] civilian, robbery and pretending to be United + States officer. Fined $100, "to be appropriated to the use of the + Freedmen's Bureau." + + Abraham Harper,[1108] civilian, robbery and pretending to be United + States officer. Fined $100 "to be appropriated to the use of the + Freedmen's Bureau." + +Most of the civilians tried by the military commissions were camp +followers and discharged soldiers of the United States army. Those charged +with guerilla warfare were regularly enlisted Confederate soldiers and +were accused by the tory element, who were guilty of most of the guerilla +warfare.[1109] It was impossible to punish outlaws for any depredations +committed during the war, and for several months after the surrender, if +they claimed to be "loyalists," which they usually did. The civil +authorities were forbidden to arrest, try, and imprison discharged +soldiers of the United States army for acts committed while in +service.[1110] A similar order withdrew all "loyal" persons from the +jurisdiction of the civil courts so far as concerned actions during or +growing out of the war.[1111] The negroes had already been withdrawn from +the authority of the civil courts so far as similar offences were +concerned.[1112] + +Upon the complaint of United States officials collecting taxes and +revenues of the refusal of individuals to pay, the military commanders +over the state were ordered to arrest and try by military commission +persons who refused or neglected "to pay these just dues."[1113] + +Numerous complaints of arbitrary arrests and of the unwarranted seizure of +private property called forth an order from General Thomas, directing that +the persons and property of all citizens must be respected. There was to +be no interference with or arrests of citizens unless upon proper +authority from the district commander, and then only after well-supported +complaint.[1114] + +The local military authorities were directed to arrest persons who had +been or might be charged with offences against officers, agents, citizens, +and inhabitants of the United States, in cases where the civil authorities +had failed, neglected, or been unable to bring the offending parties to +trial. Persons so arrested were to be confined by the military until a +proper tribunal might be ready and willing to try them.[1115] This was +another one of many blows at the civil government permitted by the +President, who allowed the army to judge for itself as to when it should +interfere. + +These are the more important orders issued by the military authority +relating to public affairs in Alabama during the existence of the two +provisional or "Johnson" state governments. It will be seen from the scope +of the orders that the local military officials had the power of constant +interference with the civil government. A large part of the population was +withdrawn from the jurisdiction of the civil administration. The officials +of the latter had no real power, for they were subject to frequent reproof +and their proceedings to frequent revision by the army officers. Both +Governor Parsons and Governor Patton wanted the army removed, confident +that the civil government could do better than both together. Parsons +appealed to Johnson to remove the army or prohibit its interference.[1116] +He complained that the military officials had caused and were still +causing much injustice by deciding grave questions of law and equity upon +_ex parte_ statements. Personal rights were subject to captious and +uncertain regulations. The tenure of property was uncertain, and citizens +felt insecure when the army decided complicated cases of title to land and +questions of public morals. A military commission at Huntsville, acting +under direction of General Thomas, had assumed to decide questions of +title to property, and in one case, a widow was alleged to have been +turned out of her home.[1117] The citizens of Montgomery were indignant +because the military authorities had issued licenses for the sale of +liquor, and had permitted prostitution by licensing houses of ill repute. +Circular No. 1, District of Montgomery, September 9, 1865, required that +all public women must register at the office of the provost marshal; that +each head of a disorderly house must pay a license tax of $25 a week in +addition to $5 a week for each inmate, and that medical inspection should +be provided for by military authority. In case of violation of these +regulations a fine of $100 would be imposed for each offence, and ten to +thirty days' imprisonment. The bishop and all the clergy of the Episcopal +Church were suspended and the churches closed for several months because +the bishop refused to order a prayer for the President.[1118] The +restaurant of Joiner and Company, at Stevenson, was closed by order of the +post commander because two negro soldiers were refused the privilege of +dining at the regular table.[1119] Admiral Semmes, after being pardoned, +was elected mayor of Mobile, but the President interfered and refused to +allow him to serve. Many arrests and many more investigations were made at +the instigation of the tory or "union" element, and on charges made by +negroes.[1120] + + +Relation between the Army and the People + +The unsatisfactory character of the military rule was due in a large +measure to the fact that the white volunteers were early mustered out, +leaving only a few regulars and several regiments of negro troops to +garrison the country.[1121] These negro troops were a source of disorder +among the blacks, and were under slack discipline. Outrages and robberies +by them were of frequent occurrence. There was ill feeling between the +white and the black troops. Even when the freedmen utterly refused to go +to work, they behaved well, as a rule, except where negro troops were +stationed. There is no reason to believe that it was not more the fault of +the white officers than of the black soldiers, for black soldiers were +amenable to discipline when they had respectable officers. Truman reported +to the President that the negro troops should be removed, because "to a +great extent they incite the freedmen to deeds of violence and encourage +them in idleness."[1122] The white troops, most of them regulars, behaved +better, so far as their relations with the white citizens were concerned. +The general officers were as a rule gentlemen, generous and considerate. +So much so, that some rabid newspaper correspondents complained because +the West Pointers treated the southerners with too much +consideration.[1123] In the larger posts discipline was fairly good, but +at small, detached posts in remote districts the soldiers, usually, but +not always, the black ones, were a scourge to the state. They ravaged the +country almost as completely as during the war.[1124] The numerous reports +of General Swayne show that there was no necessity for garrisons in the +state. He wanted, he said, a small body of cavalry to catch fugitives from +justice, not a force to overcome opposition. The presence of the larger +forces of infantry created a great deal of disorder. The soldiers were not +amenable to civil law, the refining restraints of home were lacking, and +discipline was relaxed.[1125] + +Of the subordinate officers some were good and some were not, and the +latter, when away from the control of their superior officers and in +command of lawless men, ravaged the back country and acted like brigands. +For ten years after the war the general orders of the various military +districts, departments, and divisions are filled with orders publishing +the results of court-martial proceedings, which show the demoralization of +the class of soldiers who remained in the army after the war. The best men +clamored for their discharge when the war ended and went home. The more +disorderly men, for whom life in garrison in time of peace was too tame, +remained, and all sorts of disorder resulted. Finally "Benzine" boards, as +they were called, had to take hold of the matter, and numbers of men who +had done good service during the war were discharged because they were +unable to submit to discipline in time of peace. + +The rule of the army might have been better, especially in 1865, had there +not been so many changes of local and district commanders and +headquarters. Some counties remained in the same military jurisdiction a +month or two, others a week or two, several for two or three days only. +The people did not know how to proceed in order to get military justice. +Orders were issued that business must proceed through military channels. +This cut off the citizen from personal appeal to headquarters, unless he +was a man of much influence. Often it was difficult to ascertain just what +military channels were. Headquarters and commanders often changed before +an application or a petition reached its destination.[1126] + +The President merited failure with his plan of restoration because he +showed so little confidence in the governments he had established. He was +constantly interfering on the slightest pretexts. He asked Congress to +admit the states into the Union, and said that order was restored and the +state governments in good running order, while at the same time he had not +restored the writ of _habeas corpus_, had not proclaimed the "rebellion" +at an end, and was in the habit of allowing and directing the interference +of the army in the gravest questions that confronted the civil government. +In this way he discredited his own work, even in the eyes of those who +wished it to succeed. His intentions were good, but his judgment was +certainly at fault. + +The army authorities went on in their accustomed way until Swayne was +placed in command, June 1, 1866, when a more sensible policy was +inaugurated, and there was less friction. Swayne aspired to control the +governor and legislature by advice and demands rather than to rule through +the army. There were few soldiers in the state after the summer of 1866. +Order was good, except for the disturbing influence of negro troops and +individual Bureau agents. There were in remote districts outbreaks of +lawlessness which neither the army nor the state government could +suppress. The infantry could not chase outlaws; the state government was +too weak to enforce its orders or to command respect as long as the army +should stay. At their best the army and the civil administration +neutralized the efforts and paralyzed the energies of each other. There +were two governments side by side, the authority of each overlapping that +of the other, while the Freedmen's Bureau, a third government, supported +by the army, was much inclined to use its powers. The result was that most +of the people went without government. + +On the 28th of March, 1867, the policy of Johnson came to its logical end +in failure. General Grant then issued the order which overturned the civil +government established by the President. In Alabama, which was to form a +part of the Third Military District, all elections for state and county +officials were disallowed until the arrival of the commander of the +district. All persons elected to office during the month of March (after +the passage of the Reconstruction Acts) were ordered to report to military +headquarters for the action of the new military governor.[1127] Military +government then entered on a new phase. + + + + +CHAPTER XI + +THE WARDS OF THE NATION + + +SEC. 1. THE FREEDMEN'S BUREAU + +Department of Negro Affairs + +Any account of the causes of disturbed conditions in the South during the +two years succeeding the war must include an examination of the workings +of the Freedmen's Bureau, the administration of which was uniformly +hostile to the President's policy and in favor of the Radical plans. + +As soon as the Federal armies reached the Black Belt, it became a serious +problem to care for the negroes who stopped work and flocked to the camps. +Some of the generals sent them back to their masters, others put them to +work as laborers in the camps and on the fortifications. Officers--usually +chaplains--were temporarily detailed to look after the blacks who swarmed +about the army, and thus the so-called "Department of Negro Affairs" was +established extra-legally, and continued until the passage of the +Freedmen's Bureau Act in 1865. The "Department" was supported by captured +and confiscated property, and was under the direction of the War +Department.[1128] + +For a year after north Alabama was overrun by the Federal troops, no +attempt was made to segregate the blacks; but in 1863 a camp for refugees +and captured negroes was established on the estate of ex-Governor Chapman, +near Huntsville in Madison county, and Chaplain Stokes of the Eighteenth +Wisconsin Infantry was placed in charge. It was not intended that the +negroes should remain there permanently, but they were to be sent later to +the larger concentration camps at Nashville. No records were kept, but the +report of the inspector states that several hundred negroes were received +before August, 1864, of whom only a small proportion was sent to +Nashville. Those who remained were employed in cultivating the +land,--planting corn, cotton, sorghum, and vegetables,--and in building +log barracks and other similar houses. Schools were established for the +children. The War Department issued three-fourths rations to the negroes, +and the aid societies also helped them, although this colony was nearer +self-sustaining than any other.[1129] + +In 1864 the Treasury Department assumed partial charge of negro refugees +and captive slaves. Regulations provided that captured and abandoned +property should be rented and the proceeds devoted to the purchase of +supplies for the blacks, who, when possible, were to be employed as +laborers. In each special agency there was to be a "Freedmen's Home +Colony" under a "Superintendent of Freedmen," whose duty it was to care +for the blacks in the colony, to obtain agricultural implements and +supplies, and to keep a record of the negroes who passed through the +colony. A classification of laborers was made and a minimum schedule of +wages fixed as follows:-- + +No. 1 hands, males, 18 to 40 years of age, minimum wage, $25 per month; +No. 2 hands, males, 14 to 18, 40 to 55 years of age, minimum wage, $20 per +month; No. 3 hands, males, 12 to 14 years of age, minimum wage, $15 per +month; corresponding classes of women, $18, $14, $10, respectively. + +It was the duty of the superintendent to see that all who were physically +able secured work at the specified rates. He acted as an employment agent, +and the planters had to hire their labor through him. He exercised a +general supervision over the affairs of all freedmen in the district. +Beside paying the high wages fixed by the schedule, the planter was +obliged to take care of the young children of the family hired by him; to +furnish without charge a separate house for each family with an acre of +ground for garden, medical attendance for the family, and schooling for +the children; to sell food and clothing to the negroes at actual cost; and +to pay for full time unless the laborer was sick or refused to work. Half +the wages was paid at the end of the month, and the remainder at the end +of the contract. Wages due constituted a first lien on the crop, which +could not be moved until the superintendent certified that the wages had +been paid or arranged for. Not more than ten hours a day labor was to be +required. Cases of dispute were to be settled by civil courts (Union), +where established,--otherwise the superintendent was vested with the power +to decide such cases. Provision was made for accepting the assistance of +the aid societies, especially in the matter of schools.[1130] Under such +regulations it was hardly possible for the farmer to hire laborers, and we +find that only 205 negroes were disposed of by the colony near Huntsville. +If the wages could have been paid in Confederate currency, they would have +been reasonable; but United States currency was required, and most people +had none of it. + +In the fall of 1864 the army again took charge of negro affairs and +administered them along the lines indicated in the Treasury regulations. +Wherever the army went its officers constituted themselves into freedmen's +courts, aid societies, etc., and exercised absolute control over all +relations between the two races and among the blacks. + + +The Freedmen's Bureau Established + +The law of March 3, 1865, created a Bureau in the War Department to which +was given control of all matters relating to freedmen, refugees, and +abandoned lands. All officials were required to take the iron-clad test +oath.[1131] No appropriation was made for the purpose of carrying out this +law, and for the first year the Bureau was maintained by taxes on salaries +and on cotton, by fines, donations, rents of buildings and lands, and by +the sales of crops and confiscated property.[1132] On July 16, 1866, a +second Bureau Bill, amplifying the law of March 3, 1865, and extending it +to July 16, 1868, was passed over the President's veto. In 1868 the Bureau +was continued for one year, and on January 1, 1869, it was discontinued, +except in educational work.[1133] There is no indication that the +provisions of the laws had much effect on the administration of the +Bureau. From the beginning it had entire control of all that concerned +freedmen, who thus formed a special class not subject to the ordinary +laws. In Alabama there were nearly 500,000 negroes thus set apart, of whom +100,000 were children and 40,000 were aged and infirm.[1134] + +It was several months before the organization of the Bureau was completed +in Alabama. Meanwhile army officers acted as _ex officio_ agents of the +Bureau, and regulated negro affairs. They were disposed to persuade the +negroes to go home and work, and not congregate around the military posts. +They issued some rations to the negroes in the towns who were most in +want, but discouraged the tendency to look to the United States for +support. Only a small proportion of the race was affected by the +operations of the Bureau during the months of April, May, and June, 1865. +In north and south Alabama, above and below the Black Belt, the negroes +were more under control of the Bureau than in the Black Belt itself. The +assistant commissioner for Tennessee had jurisdiction over the negroes in +north Alabama, who had been under nominal northern control since 1862. The +Bureau was established at Mobile in April and May, under the control of +the army, and was an offshoot of the Louisiana Bureau, T. W. Conway, +assistant commissioner for Louisiana, being for a short while in charge of +negro affairs in Alabama. At the same time there was at Mobile one T. W. +Osborn, who was called the assistant commissioner for Alabama. Later he +was transferred to Florida, and in July, 1865, General Wager Swayne +succeeded Conway in Alabama.[1135] + +There were but few regular agents in Alabama before the arrival of General +Swayne. A few stray missionaries and preachers, representing the aid +societies, came in, and were placed in charge of the camps of freedmen +near the towns. Conway appointed agents at Mobile, Demopolis, Selma, and +Montgomery, who were officers in the negro regiments.[1136] For several +months the army officers were almost the only agents, and, as has been +stated, the higher officials, and some of the subordinates pursued a +sensible course, giving the negroes sensible advice, and laboring to +convince them that they could not expect to live without work. Others +encouraged them in idleness and violence and advised them to stop work and +congregate in the towns and around the military posts. The black troops +and their commanders were a source of disorder and cause of irritation +between the races. The officers of these troops, and others also, were +probably often sincere in their convictions that the southern white, +especially the former slave owner, could not be trusted in anything where +negroes were concerned, that he was the natural enemy of the black and +must be guarded against.[1137] + +It was on June 20, 1865, that General Swayne was appointed assistant +commissioner for Alabama, and on July 14, T. W. Conway directed all +officials of the Bureau in the state (except those in north Alabama who +were under the control of the assistant commissioner of Tennessee) to +report to Swayne on his arrival.[1138] On July 26 the latter assumed +charge and appointed Charles A. Miller as his assistant adjutant-general, +later another saviour of his country in Reconstruction days. General +Swayne stated that on his arrival he was kindly received by most of the +people, and that he was "agreeably disappointed" in the temper of the +people and their attitude toward him. Howard's instructions made it the +duty of the assistant commissioner or his agents to adjudicate all +differences among negroes and between negroes and whites. Exclusive and +final jurisdiction was vested in him.[1139] + +The Bureau in Alabama was organized in five departments: (1) the +Department of Abandoned and Confiscated Lands; (2) the Department of +Records (Labor, Schools, and Supplies); (3) the Department of Finance; (4) +the Medical Department; (5) the Bounty Department. Before the end of +August, 1865, the organization was completed, on paper, and the state had +been divided into five districts, each controlled by a superintendent. +These districts were: + +(1) Mobile, with seven counties; (2) Selma, with ten counties; (3) +Montgomery, with nine counties; (4) Troy, with six counties: (5) +Demopolis, with eight counties; later, (6) north Alabama, consisting of +twelve counties, was withdrawn from the jurisdiction of the assistant +commissioner of Tennessee, General Fiske, and became the sixth division in +Alabama. + +The officials of the Freedmen's Bureau, except the state officials and +subordinate employees, numbered, in 1865, twenty-seven army officers, and +two civilians.[1140] By November the Bureau was well organized, and as +many offices as possible were established to examine into labor contracts. +Each superintendent had charge of the issue of rations in the county where +he was stationed, and in each of the other counties of his district he had +an assistant superintendent. It was the duty of these seventy-five or more +officers to investigate complaints against county or state officials, who +had been made _ex officio_ Freedmen's Bureau agents; and when a negro made +a complaint, Swayne forced Parsons to appoint a new officer. Later, when +complaint was made, Swayne would replace a civil agent by a regular Bureau +agent. Thus the Bureau gradually passed out of the hands of the state +officials. The superintendents and the assistant superintendents had the +power to arrest outlaws and evil-doers. They could also delegate the +charge of contracts to responsible persons. Depots were established from +which supplies were issued to the counties, each county furnishing +transportation and distributing the supplies under the observation of the +superintendent.[1141] + +General Swayne was succeeded, January 14, 1868, by Brevet +Brigadier-General Julius Hayden, who in turn was succeeded, March 31, +1868, by Brevet Brigadier-General O. L. Shepherd, Colonel of the Fifteenth +Infantry, and he was relieved on August 18, 1868, by Brevet +Lieutenant-Colonel Edwin Beecher, who wound up the affairs of the Bureau +in the state, except the educational and bounty divisions.[1142] The +sub-districts were continued during the existence of the Bureau. These +consisted of four to six counties each, and were sometimes under the +charge of regular army officers, sometimes under civilians.[1143] The +_Tribune_ correspondent had doubts of the benefits of the Freedmen's +Bureau where army officers, especially West Pointers, were in charge. The +West Pointers were strict with the negroes, there was no idleness; the +negro had to work; and the officers always took the side of the +white.[1144] + +Pressure from the northern Radicals was brought to bear on Swayne, as time +went on, to force him to do away more and more with army officers and +civil officials of the state, and to substitute civilians from the North, +who had a different plan for helping the negro. The alien agents were +opposed to Swayne's plan of appointing native whites as agents, and told +him tales of outrage that had been committed, but he paid no attention to +them. The Bureau officers told much more horrible tales than any of the +army officers.[1145] + +_The Nation's_ correspondent seemed disappointed because the Freedmen's +Bureau and the people and the negro were getting along fairly well.[1146] + + +The Freedmen's Bureau and the Civil Authorities + +There was, according to the state laws of 1861, no provision for the negro +in the courts, and Swayne asked Governor Parsons to issue a proclamation +opening the courts to them and giving them full civil rights. He reminded +Parsons that he (Parsons) was merely a military official, and that the law +administered by him was martial law, which had its limits only in the +discretion of the commander. Parsons and his advisers thought that the +people would oppose such action and so refused to issue the +proclamation.[1147] + +Thereupon Swayne himself issued a proclamation, stating that exclusive +control of all matters relating to the negroes belonged to him. He was +unwilling, however, he said, to establish tribunals in Alabama conducted +by persons foreign to her citizenship and strangers to her laws. +Consequently, all judicial officers, magistrates, and sheriffs of the +provisional government were made Bureau agents for the administration of +justice to the negroes. The laws of the state were to be applied so far as +no distinction was made on account of color. Processes were to run in the +name of the provisional government and according to the forms provided by +state law. The military authorities were to support the civil officials of +the Bureau in the administration of justice. Each officer was to signify +his acceptance of this appointment, and failure to accept or refusal to +administer the laws without regard to color would result in the +substitution of martial law in that community.[1148] + +This order was remarkable for several reasons. In the first place, it was +rather an arrogant seizure of the provisional administration and +subordination of it to the Bureau. All officials were forced to accept by +the threat of martial law in case of refusal to serve. Again, Swayne was +not in command of the military forces of the state, though the army was +directed to support the Bureau. This law gave to Swayne unlimited +discretion, so that by a short order he practically placed himself at the +head of the whole administration,--civil and military,--and throughout his +term of service in Alabama he never allowed anything to stand in his +way.[1149] Again, the act of March 3, 1865, provided that all officials of +the Bureau must take the "iron-clad," and it is doubtful if a single state +official could have taken it. Swayne did not require it. + +As soon as Swayne's proclamation was made known, the majority of the +judges and magistrates applied to Governor Parsons for instructions in the +matter. Parsons, who disliked the Bureau, but who was a timid and prudent +man, issued a proclamation requiring compliance, and even enforced +compliance by removing those who refused and appointing in their places +nominees of Swayne. The entire body of state and county officials finally +signified their acceptance, and the negro was then given exactly the same +civil rights as possessed by the whites.[1150] Had all the state officials +refused to serve, there would have ensued an interesting state of affairs; +an official of the Freedmen's Bureau would have overturned the state +government set up by the President. It was, however, done with a good +purpose, and for a while worked well by not working at all. Swayne was a +man of common sense, a soldier, and a gentleman, and honestly desired to +do what was best for all--the negro first. He did not profess much regard +for the native white, and he made it plain that his main purpose was to +secure the rights which he thought the negro ought to have. Incidentally, +he pursued a wise and conciliatory policy, as he understood it, toward the +whites, for he saw that this was the best way to aid the negro. The work +of the Bureau under his charge was probably the least harmful of all in +the South, and for most of the harm done he was not responsible. General +Swayne attributed what he termed his success with the Freedmen's Bureau to +the fact that he used at first the native state and county officials as +his agents, and thus dispensed to some, extent with alien civilians and +army officials, who were obnoxious to the mass of the people. The +requisite number of army officials of proper character could not have been +secured, and they would not have understood the conditions. The same was +true of alien civilians. Even the best ones would have inclined toward the +blacks in all things, and thus would have incensed the whites, or they +would have been "seduced by social amenities" to become the instruments of +the whites, or they would have become merchantable. In any case the negro +would suffer. General Swayne said that he thoroughly understood that he +was expected by the Radicals to pursue no such policy, and that he half +expected to be forced from the service for so doing. Influence was brought +to bear to cause him to change and with some success. + +Later some few officials were removed, the most notable case being that +of Major H. H. Slough and the police of Mobile.[1151] It was reported to +Swayne that Slough was not enforcing the laws without regard to color. A +staff officer was sent at once to Mobile to demand instant acceptance or +rejection of Swayne's proclamation. The mayor rejected it, and Swayne then +informed Parsons that Mobile had to have either a new mayor, or martial +law and a garrison of negro troops.[1152] Parsons yielded, and made all +the changes that Swayne demanded. Two commissions were made out,--one +appointed John Forsyth as mayor, and the other, F. C. Bromberg, a "Union" +man. Swayne was to deliver the commission he wished. He went to Mobile and +decided to try Forsyth, who at that time was down the bay at a pleasure +resort. Swayne went after him in a tug, and met a tug with Forsyth on +board coming up the bay. He hailed it and asked it to stop, but the tug +only went the faster. He chased it for several miles,[1153] and at length +the pursued boat was overtaken. Swayne called for Forsyth, and all thought +that he was to be arrested. But to the great relief of the party the +appointment as mayor was offered to him, and Forsyth soon decided to +accept the office. As Swayne said, he was a "hot Confederate," a Democrat, +and would fight, and no one would dare criticise him. He soon had the +confidence of both white and black.[1154] + +The order admitting the testimony of and conferring civil rights upon the +negro was favored by most of the lawyers of the state. The "testimony" was +the fulcrum to move other things. The tendency of the law of evidence is +to receive all testimony and let the jury decide. So there was no trouble +from the lawyers, and their opinion greatly influenced the people. None of +the respectable people of Alabama were opposed to allowing the negro to +testify. They were not afraid of such testimony, for no jury would ever +convict a reputable man on negro testimony alone. This was one objection +to it--its unreliability and consequent possible injustice. + + +Bureau supported by Confiscations + +Landlords were prevented from evicting negroes who had taken possession of +houses or lands until complete provision had been made for them elsewhere. +Thus the negroes would do nothing and kept others from coming in their +places.[1155] "Loyal" refugees and freedmen were made secure in the +possession of land which they were cultivating until the crops were +gathered or until they were paid proper compensation.[1156] Little +captured, abandoned, or confiscated private property remained in the hands +of the Bureau officials after the wholesale pardoning by the President. As +soon as pardoned, the former owner regained rights of property except in +slaves, though the personal property had been sold and the proceeds used +for various purposes.[1157] There was, however, a great deal of +Confederate property and state and county property that had been devoted +to the use of the Confederacy. In every small town of the state there was +some such property--barns, storehouses, hospital buildings, foundries, +iron works, cotton, supplies, steamboats, blockade-runners. An order from +the President, dated November 11, 1865, directed the army, navy, and +Treasury officials to turn over to the Freedmen's Bureau all real estate, +buildings, and other property in Alabama that had been used by the +Confederacy. The sale of this property furnished sufficient revenue for +one year, and, until withdrawn several years later, the educational +department was sustained by the proceeds of similar sales.[1158] The +failure of Congress to appropriate funds made it almost necessary to use +state officials as agents, as there was no money to pay other agents. The +Confederate iron works at Briarfield were sold for $45,000, three +blockade-runners in the Tombigbee River for $50,000, and some hospital +buildings for $8000. There was besides a large amount of Confederate +property in Selma, Montgomery, Demopolis, and Mobile. Of private property, +at the close of 1865, the Bureau was still holding 2116 acres of land and +thirteen pieces of town property.[1159] A year later all of this +property, except seven pieces of town property, had been restored to the +owners.[1160] + +In 1866 a blockade-runner was sold for $4000 and a war vessel in the +Tombigbee for $27,351.93. The expenses of the Bureau in 1865, so far as +accounts were kept, amounted to $126,865.77.[1161] This sum was obtained +from sales of Confederate property. There was, also, a tax on contracts of +from 50 cents to $1.50, and a fee on licenses for Bureau marriages. But +the money thus obtained seems to have been appropriated by the agents, who +kept no record. Rations were issued by the army to the Bureau agents and +there was no further accountability. No accounts were kept of the proceeds +from the sales of abandoned and confiscated property, a neglect which led +to grave abuses. All records were confused, loosely kept, and +unbusinesslike. There were, also, funds from private sources at the +disposal of the authorities, besides the appropriations of 1866 and 1867, +those in the former year being estimated at $851,500. There was little or +no supervision over and no check on the operations of the agents. It has +been stated that the salaries proper of the Bureau agents in Alabama +amounted to about $50,000 annually.[1162] State officials acting as agents +received no salaries. It is impossible to ascertain the amount expended in +Alabama, though the entire expenditure accounted for in the South was +nearly twenty million dollars; much was not accounted for. + +During the two decades preceding the war many individual planters had +erected chapels and churches for the use of the negroes in the towns and +on the plantations. Some few such buildings belonged to the negroes and +were held in trust by the whites for them, but most of them were the +property of the planters or of church organizations that had built them. +General Swayne ordered that all such property should be secured to the +negroes.[1163] These buildings were used for schools and churches by the +missionary teachers and religious carpet-baggers who were instructing the +negro in the proper attitude of hostility toward all things southern. + +The Bureau issued a retroactive order, requiring negroes to take out +licenses for marriages, and all former marriages had to be again +solemnized at the Bureau. Licenses cost fifty cents, which was considered +an extortion and was supposed to be for Buckley's benefit.[1164] + + +The Labor Problem + +The Bureau inherited the policy of the "superintendents" in regard to the +regulation of negro labor, and the first regulations by the Bureau were +evidently modelled on the Treasury Regulations of July 29, 1864. The +monthly wage was lowered, but there was the same absurd classification of +labor with fixed wages. The first of these regulations, promulgated in +Mobile in May, 1865, was to this effect:-- + +Laborers were to be encouraged to make contracts with their former masters +or with any one else. The contracts were to be submitted to the +"Superintendent of Freedmen" and, if fair and honest, would be approved +and registered. A register of unemployed persons was to be kept at the +Freedmen's Bureau, and any person by applying there could obtain laborers +of both sexes at the following rates: first class, $10 per month; second +class, $8 per month; third class, $6 per month; boys under 14 years of +age, $3 per month; girls under 14 years of age, $2 per month. Colored +persons skilled in trade were also divided into three classes at the +following rates: men and women receiving the same, first class, $2.50 per +day; second class, $2 per day; third class, $1.50 per day. Mechanics were +also to receive not less than $5 per month in addition to first-class +rates. Wages were to be paid quarterly, on July 1 and October 1, and the +final payment on or before the expiration of the contract, which was to +be made for not less than three months, and not longer than to the end of +1865. In addition to his wages, the contracts must secure to the laborer +just treatment, wholesome food, comfortable clothing, quarters, fuel, and +medical attendance. No contract was binding nor a person considered +employed unless the contract was signed by both parties and registered at +the Bureau office, in which case a certificate of employment was to be +furnished. Laborers were warned that it was for their own interest to work +faithfully, and that the government, while protecting them against ill +treatment, would not countenance idleness and vagrancy, nor support those +capable of earning an honest living by industry. The laborers must fulfil +their contracts, and would not be allowed to leave their employer except +when permitted by the Superintendent of Freedmen. For leaving without +cause or permission, the laborers were to forfeit all wages and be +otherwise punished. Wages would be deducted in cases of sickness, and +wages and rations withheld when sickness was feigned for purposes of +idleness, the proof being furnished by the medical officer in attendance. +Upon feigning sickness or refusing to work, a laborer was to be put at +forced labor on the public works without pay. A reasonable time having +been given for voluntary contracts to be made, any negro found without +employment would be furnished work by the superintendent, who was to +supply the army with all that were required for labor, and gather the +aged, infirm, and helpless into "home colonies," and put them on +plantations. Employers and their agents were to be held responsible for +their conduct toward laborers, and cruelty or neglect of duty would be +summarily punished.[1165] The ignorance of conditions shown by these +seemingly fair regulations is equalled in other regulations issued by the +Bureau agents during the summer and fall of 1865. It is no wonder that the +negroes could not find work in Mobile when they wanted it. + +Instructions from Howard directed that agreements to labor must be +approved by Bureau officers. Overseers were not to be tolerated. All +agents were to be classed as officers, whether they were enlisted men or +civilians. Wages were to be secured by a lien on the crops or the land, +the rate of pay being fixed at the wages paid for an able-bodied negro +before the war, and a minimum rate was to be published. All contracts were +to be written and approved by the agent of the Bureau, who was to keep a +copy of the documents.[1166] + +At Huntsville, in north Alabama, orders were issued that freedmen must go +to work or be arrested and forced to work by the military authorities. +Contracts had to be witnessed by a friend of the freedmen, and were +subject to examination by the military authorities. Breach of contract by +either party might be tried by the provost marshal or by a military +commission, and the property of the employer was liable to seizure for +wages.[1167] + +At first the planters thought that they saw in the contract system a means +of holding the negro to his work, and they vigorously demanded +contracts.[1168] This suited Swayne, and he issued the following +regulations, which superseded former rules:-- + +1. All contracts with freedmen for labor for a month or more had to be in +writing, and approved by an agent of the Freedmen's Bureau, who might +require security. + +2. For plantation labor: (_a_) contracts could be made with the heads of +families to embrace the labor of all members who were able to work; (_b_) +the employer must provide good and sufficient food, quarters, and medical +attendance, and such further compensation as might be agreed upon; (_c_) +such contracts would be a lien upon the crops, of which not more than half +could be moved until full payment had been made, and the contract released +by the Freedmen's Bureau agent or by a justice of the peace in case an +agent was not at hand. + +3. The remedies for violation of contracts were forfeiture of wages and +damages secured by lien. + +4. In case an employer should make an oath before a justice of the peace, +acting as an agent of the Bureau, that one of his laborers had been absent +more than three days in a month, the justice of the peace could proceed +against the negro as a vagrant and hand him over to the civil authorities. + +5. Vagrants when convicted might be put to work on the roads or streets or +at other labor by the county, or municipal authorities, who must provide +for their support; or they might be given into the charge of an agent of +the Freedmen's Bureau. This was usually done and the agent released them. +Besides this, he often interfered, and took charge of the negro vagrants +convicted in the community. + +6. All contracts must expire on or before January 1, 1866.[1169] + +The lien upon the crop was to be enforced by attachment, which must be +issued by any magistrate when any part of the crop was about to be moved +without the consent of the laborer. The plaintiff (negro) was not obliged +to give bond.[1170] These regulations had no effect in reorganizing labor, +and were only a cause of confusion. + +A committee of citizens of Talladega, appointed to make suggestions in +regard to enforcing the regulations of the Freedmen's Bureau concerning +contracts, reported that: (1) contracts for a month or more between whites +and blacks should be reduced to writing and witnessed; (2) civil officers +should enforce these contracts according to law and the regulations of the +Freedmen's Bureau; (3) the law of apprenticeship should be applied to +freedmen where minors were found without means of support; (4) civil +officers should take duties heretofore devolving upon the Freedmen's +Bureau in matters of contract between whites and blacks. This practically +asked for the discontinuance of the Freedmen's Bureau as being +superfluous.[1171] + +When enforced, the contract regulations caused trouble. The lien on the +crop for the negro's wages prevented the farmer from moving a bale of +cotton if the negro objected. No matter whether the negro had been paid or +not, if he made complaint, the farmer's whole crop could be locked up +until the case was settled by a magistrate or agent; and the negro was not +backward in making claims for wages unpaid or for violation of contract. +The average southern farmer had to move a great part of his crop before he +could get money to satisfy labor and other debts, and when the negro saw +the first bale being moved, he often became uneasy and made trouble.[1172] +The contract system resulted in much litigation, of which the negro was +very fond; he did not feel that he was really free until he had had a +lawsuit with some one. It gave him no trouble and much entertainment, but +was a source of annoyance to his employer. The Bureau agents were +particular that no negro should work except under a written contract, as a +fee of from fifty cents to a dollar and a half was charged for each +contract. If a negro was found working under a verbal agreement, he and +his employer were summoned before the agent, fined, and forced into a +written contract. When the negroes refused to work, the planters could +sometimes hire the Bureau officials to use their influence. The whites +charged that it was a common practice for the agents to induce a strike, +and then make the employers pay for an order to send the blacks back to +work.[1173] This was the case only under alien Bureau agents, for where +the magistrates were agents, all went smoothly with no contracts. The end +of 1865 and the spring of 1866 found the whites, who at first had insisted +on written contracts, weary of the system and disposed to make only verbal +agreements, and the negro had usually become afraid of a written contract +because it might be enforced. The legislature passed laws to regulate +contracts, which Governor Patton vetoed on the ground that no special +legislation was necessary; the laws of supply and demand should be allowed +to operate, he said. Swayne also said that contracts were not necessary, +as hunger and cold on the part of one, and demand for labor on the part of +the other, would protect both negro and white.[1174] + +Some planters, having no faith in free negro labor, refused to give the +negro employment requiring any outlay of money. And "freedmen were not +uncommon who believed that work was no part of freedom." There was a +disposition, Swayne reported, to preserve as much as possible the old +patriarchal system, and the general belief was that the negro would not +work; and he did refuse to work regularly until after Christmas.[1175] +Some planters thought that the government would advance supplies to +them,[1176] and they asked Howard to bind out negroes to them. Howard +visited Mobile and irritated the whites by his views on the race +question.[1177] + + +Freedmen's Bureau Courts + +In Alabama, the state courts were made freedmen's courts,--to test, as +Howard said, the disposition of the judges; Swayne says that it was done +from reasons of policy, and because at first there were not enough aliens +to hold Bureau courts. The reports were favorable except from north +Alabama, where the "unionists" were supposed to abound.[1178] In all cases +where the blacks were concerned the assistant commissioner was authorized +to exercise jurisdiction, and the state laws relating to apprenticeship +and vagrancy were extended by his order to include freedmen. The Bureau +officials were made the guardians of negro orphans, but each city and +county had to take care of its own paupers.[1179] Freedmen's Bureau courts +were created, each composed of three members appointed by the assistant +commissioner, one of whom was an official of the Freedmen's Bureau, and +two were citizens of the county. Their jurisdiction extended to cases +relating to the compensation of freedmen to the amount of $300, and all +other cases between whites and blacks, and criminal cases by or against +negroes where the sentence might be a fine of $100 and one month's +imprisonment. + +In his report for 1866, Swayne states that "martial law administered +concurrently" by provisional and military authorities was in force +throughout the state; that the coöperation of the provisional government +and the Freedmen's Bureau had secured to the freedmen the same rights and +privileges enjoyed by the other non-voting inhabitants; in some cases, he +said, on account of prejudice, the laws were not executed, but this was +not to be remedied by any number of troops, since no good result could be +obtained by force.[1180] During 1865 and 1866 General Swayne repeatedly +spoke of the friendly relations between the Freedmen's Bureau and the +state officials--Governors Parsons and Patton and Commissioner Cruikshank, +who was in charge of relief of the poor. + +By means of the Bureau courts the negro was completely removed from trial +by the civil government or by any of its officers, except when the latter +were acting as Bureau agents, which, as time went on, was less and less +often the case, and the negro passed entirely under the control of the +alien administration, and an army officer and two or three carpet-baggers +administered what they called justice in cases where the negroes were +concerned. The negroes frequently broke their contracts, telling the +provost marshal that they had been lashed, and this caused the employer to +be arrested and often to be convicted unjustly. The white planter was much +annoyed by the disposition on the part of the blacks to transfer their +failings to him in their tales to the "office," as the negro called the +Bureau and its agents. "The phrase flashed like lightning through the +region of the late Confederacy that at Freedmen's Bureau agencies 'the +bottom rail was on top.' The conditions which this expression implied +exasperated the whites in like ratio as the negroes were delighted."[1181] +In the Ku Klux testimony, the whites related their grievances against the +Bureau courts conducted by the aliens: the Bureau men always took a +negro's word as being worth more than a white's; the worst class of blacks +were continually haling their employers into court; the simple assertion +of a negro that he had not been properly paid for his work was enough to +prevent the sale of a crop or to cause the arrest of the master, who was +frequently brought ten or fifteen miles to answer a trivial charge +involving perhaps fifty cents;[1182] the negroes were taken from work and +sent to places of refuge--"Home Colonies"[1183]--where hundreds died of +disease caused by neglect, want, and unsanitary conditions; the Bureau +courts encouraged complaints by the negroes; the trials of cases were made +occasions for lectures on slavery, rebellion, political rights of negroes, +social equality, etc., and the negro was by official advice taught to +distrust the whites and to look to the Bureau for protection.[1184] The +Bureau perhaps did some good work in regulating matters among the negroes +themselves, but when the question was between negro and white, the justice +administered was rather one-sided.[1185] Genuine cases of violence and +mistreatment of negroes were usually not tried by the Bureau courts, but +by military commission. The following humorous advertisement shows the +result of a legitimate interference of the Bureau:-- + + "Do You Like + + The Freedmen's Court? If so, come up to Burnsville and I will rent or + sell you three nice, healthy plantations with _Freedmen_. Come soon + and get a bargain. I am ahead of any farmer in this section, except on + one place, which said court 'Busteed' to-day because some of the + Freedmen got flogged.--JOHN F. BURNS."[1186] + +The Bureau courts, after the aliens came into control, proceeded upon the +general principle that the negro was as good as or better than the +southern white, and that he had always been mistreated by the latter, who +wished to still continue him in slavery or to cheat him out of the +proceeds of his labor, and who, on the slightest provocation, would beat, +mutilate, or murder the inoffensive black. The greatest problem was to +protect the negroes from the hostile whites, the agents thought. The +aliens did not understand the relations of slave and master, and assumed +that there had always been hostility between them, and that for the +protection of the negro this hostility ought to continue. A system of +espionage was established that was intensely galling. Men who had held +high offices in the state, who had led armies or had represented their +country at foreign courts,--men like Hardee, Clanton, Fitzpatrick, +etc.,--were called before these tribunals at the instance of some ward of +the nation, and before a gaping crowd of their former slaves were lectured +by army sutlers and chaplains of negro regiments.[1187] + + +Care of the Sick + +The medical department of the Freedmen's Bureau gave free attendance to +the refugees and freedmen. In 1865 there were in the state 4 hospitals, +capable of caring for 646 patients, with a staff of 11 physicians and 26 +male and 22 female attendants. In the hospitals in 1866 were 18 physicians +and 16 male and 18 female attendants.[1188] In 1866 there were 6 +hospitals, which number was increased in 1867 to 8, with a staff of 13 +physicians and 50 male and 40 female attendants. In 1868-1869 there were +only three hospitals. + +In 1865 no refugees were treated, but there were 2533 negro patients, of +whom 602, or 24 per cent, died. To August 31, 1866, 271 refugees had been +treated, of whom 8 died, and 4153 negroes, of whom 460 died. From +September 1, 1866, to June 30, 1867, 220 refugees were treated and 6 +died; 2203 negroes, and 186 died; to October 31, 1866, 3801 freedmen, of +whom 473 died, and 305 refugees, of whom 12 died. After July, 1868, 289 +freedmen were treated.[1189] These statistics show the relative +insignificance of the relief work. + +Smallpox was the most fatal disease among the negroes in the towns, and +several smallpox hospitals were established. In Selma the complaint was +raised that the assistant superintendent encouraged the negroes to stay in +town, and insisted on caring for all their sick, but when an epidemic of +smallpox broke out, he notified the city that he could not care for these +cases. The Bureau sent supplies for distribution by the county authorities +to the destitute poor and to the smallpox patients. But the relief work +for the sick amounted to but little.[1190] + + +The Issue of Rations + +The Department of Records had charge of the issue of supplies to the +destitute refugees and blacks. Among the whites of all classes in the +northern counties there was much want and suffering. The term "refugee" +was interpreted to include all needy whites,[1191] though at first it +meant only one who had been forced to leave home on account of his +disloyalty to the Confederacy. The best work of the Bureau was done in +relieving needy whites in the devastated districts; and for this the +upholders of the institution have never claimed credit. The negro had not +suffered from want before the end of the war, but now great crowds +hastened to the towns and congregated around the Bureau offices and +military posts. They thought that it was the duty of the government to +support them, and that there was to be no more work. + +Before June, 1865, rations were issued by the army officers. From June, +1865, to September, 1866, the Freedmen's Bureau issued 2,522,907 rations +to refugees (whites) and 1,128,740 to freedmen. The following table shows +the number of people fed each month in Alabama by the Freedmen's Bureau +before October, 1866:-- + + ============================================ + WHITE || + ------------------------------------------|| + Months| Men | Women| Boys |Girls | Total || + ------|------|------|------|------|-------|| + 1865.| | | | | || + Nov. | 72| 483| 821| 875| 2,521|| + Dec. | 271| 909| 1,059| 1,090| 3,329|| + 1866.| | | | | || + Jan. | 349| 2,377| 1,735| 2,764| 7,225|| + Feb. | 1,285| 3,641| 3,806| 5,039| 13,771|| + March | 1,181| 4,971| 5,796| 6,758| 18,616|| + April | 1,038| 4,340| 4,844| 6,642| 16,864|| + May | 1,743| 5,821| 6,939| 9,064| 23,567|| + June | 1,912| 5,661| 6,932| 8,092| 22,577|| + July | 1,585| 5,036| 7,108| 8,076| 21,805|| + Aug. | 1,376| 4,528| 5,932| 6,836| 18,672|| + Sept. | 1,368| 4,454| 5,547| 6,543| 17,912|| + ------|------|------|------|------|-------|| + Totals|12,180|42,201|50,429|61,779|166,589|| + ============================================ + + ================================== + BLACK + ---------------------------------- + Men | Women| Boys | Girls| Total + ------|------|------|------|------ + | | | | + 327| 656| 346| 615| 1,944 + 464| 860| 345| 574| 2,243 + | | | | + 538| 1,053| 742| 1,002| 3,335 + 894| 1,455| 880| 1,095| 4,324 + 995| 2,007| 1,389| 1,662| 6,053 + 1,176| 2,331| 1,904| 2,771| 8,182 + 1,479| 3,433| 2,898| 3,576|14,526 + 1,654| 3,170| 2,846| 3,151|10,821 + 1,294| 2,472| 2,379| 2,648| 8,793 + 1,178| 2,025| 2,112| 2,247| 7,562 + 1,242| 2,225| 1,939| 2,126| 7,532 + ------|------|------|------|------ + 11,241|21,687|17,780|21,407|72,115 + ================================== + + Men, 23,421; women, 63,888; children, 151,295; aggregate, 238,704; + rations issued, 3,789,788; value, $643,590.18. + +During the month of September, 1865, 45,771 rations were issued to 1971 +refugees, and 36,295 rations to 3537 freedmen; in October, 1865, 2875 +refugees and 2151 freedmen drew 153,812 rations. From September 1, 1866 to +September 1, 1867, 214,305 rations were issued to refugees and 274,329 to +freedmen. From September 1, 1867, to September 1, 1868, refugees drew only +886 rations, and freedmen 86,021. Fewer and fewer whites and more and more +freedmen were fed by the Bureau.[1192] + +In 1865 and 1866, the crops were poor, and in 1866 there were at least +10,000 destitute whites and 5000 destitute blacks in the state. The Bureau +asked for 450,000 rations per month, but did not receive them. The agents +were now (1866) beginning to use the issue of rations to control the +negroes, and to organize them into political clubs or "Loyal Leagues." +During this time (1866-1867), however, the state gave much assistance, and +coöperated with the Freedmen's Bureau. Some of the agents of the Bureau +sold the supplies that should have gone to the starving.[1193] + +The Bureau furnished transportation to 217 refugees and to 521 freedmen +who wished to return to their homes, and to a number of northern school +teachers. These transactions were not attended by abuses.[1194] + + +Demoralization caused by the Freedmen's Bureau + +After the Federal occupation, when the negroes had congregated in the +towns, the higher and more responsible officers of the army used their +influence to make the blacks go home and work. If left to these officers, +the labor question would have been somewhat satisfactorily settled; they +would have forced the negroes to work for some one, and to keep away from +the towns. But the subordinate officers, especially the officers of the +negro regiments, encouraged the freedmen to collect in the towns. Few +supplies were issued to them by the army, and there was every prospect +that in a few weeks the negroes would be forced by hunger to go back to +work. The establishment of the Freedmen's Bureau, however, changed +conditions. It assumed control of the negroes in all relations, and upset +all that had been done toward settling the question by gathering many of +the freedmen into great camps or colonies near the towns. One large colony +was established in north Alabama, and many temporary ones throughout the +state,[1195] into which thousands who set out to test their new-found +freedom were gathered. On one plantation, in Montgomery County, in July, +1865, 4000 negroes were placed. There was another large colony near +Mobile.[1196] A year later the Montgomery colony had 200 invalids. Perhaps +more misery was caused by the Bureau in this way than was relieved by it. +The want and sickness arising from the crowded conditions in the towns was +only in slight degree relieved by the food distributed, and the hospitals +opened. There were 40,000 old and infirm negroes in the state, and +thousands died of disease. Not one-tenth did the Bureau reach. The +helpless old negroes were supported by their former masters, who now in +poverty should have been relieved of their care. Those who were fed were +the able-bodied who could come to town and stay around the office. The +colonies in the negro districts became hospitals, orphan asylums, and +temporary stopping places for the negroes; and the issue of rations was +longest and surest at these places.[1197] Several hundred white refugees +also remained worthless hangers-on of the Bureau. + +The regular issue of rations to the negroes broke up the labor system that +had been partially established and prevented a settlement of the labor +problem. The government would now support them, the blacks thought, and +they would not have to work. Around the towns conditions became very bad. +Want and disease were fast thinning their numbers. They refused to make +contracts, though the highest wages were offered by those planters and +farmers who could afford to hire them, and the agents encouraged them in +their idleness by telling them not to work, as it was the duty of their +former masters to support them, and that wages were due them, at least +since January 1, 1863.[1198] They told them, also, to come to the towns +and live until the matter was settled.[1199] Domestic animals near the +negro camps were nearly all stolen by the blacks who were able but +unwilling to work. These marauders were frequently shot at or were +thrashed, which gave rise to the stories of outrage common at that time. + +Doctor Nott of Mobile wrote that in or near Mobile no labor could be +hired; that it was impossible to get a cook or a washerwoman, while +hundreds were dying in idleness from disease and starvation, deceived by +the false hopes aroused, and false promises of support by the government, +made by wicked and designing men who wished to create prejudice against +the whites, and to prevent the negroes from working by telling them that +to go back to work was to go back to slavery. The negro women were told +that women should not work, and they announced that they never intended to +go to the field or do other work again, but "live like white +ladies."[1200] Wherever it was active the Bureau demoralized labor by +arousing false hopes and by unnecessary intermeddling. It has been claimed +for the Bureau that it was a vast labor clearing-house, and that a part of +its work was the establishment of a system of free labor.[1201] In other +states such may have been the case; in Alabama it certainly was not. The +labor system partially established all over the Black Belt in 1865 was +deranged wherever the Bureau had influence. The system proposed by the +Bureau was simply that of old slave wages paid for work done under a +written contract. The excessive wages and the interference of the agents +in the making of contracts made it impossible for the system to work, and +Swayne acquiesced in the nullification of the Bureau rules by black and +white, saying that natural forces would bring about a proper state of +affairs. Wherever the Bureau had the least influence, there industry was +least demoralized. So far from acting as a labor agency, its influence was +distinctly in the opposite direction wherever it undertook to regulate +labor. The free labor system, such as it was, was already in existence +when the Bureau reached the Black Belt, and, in spite of that institution, +worked itself out.[1202] + +A general belief grew up among the freedmen that at Christmas, 1865, there +would be a confiscation and division of all land in the South. The +soldiers,--black and white,--the preachers, and especially the Bureau +agents and the school-teachers, were responsible for this belief. Swayne +reported that an impression, well-nigh universal, prevailed that the +confiscation, of which they had heard for months, would take place at +Christmas, and led them to refuse any engagement extending beyond the +holidays, or to work steadily in the meantime.[1203] Christmas or New +Year's the negro thought would be the millennium. Each would have a farm, +plenty to eat and drink, and nothing to do,--"forty acres of land and a +mule." There is no doubt that the "forty acres and a mule" idea was partly +caused by the distribution among the negroes of the lands on the south +Atlantic coast by General Sherman and others, and by the provisions of the +early Bureau acts. "Forty acres and a mule" was the expectation, and to +this day some old negroes are awaiting the fulfilment of this +promise.[1204] Many went so far, in 1865, as to choose the land that would +be theirs on New Year's Day; others merely took charge at once of small +animals, such as pigs, turkeys, chickens, cows, etc., that came within +their reach.[1205] + +On account of this belief in the coming confiscation of property and their +implicit confidence in all who made promises, the negroes were deceived +and cheated in many ways. Sharpers sold painted sticks to the ex-slaves, +declaring that if set up on land belonging to the whites, they gave titles +to the blacks who set them up. A document purporting to be a deed was +given with one set of painted sticks. In part it read as follows: "Know +all men by these presents, that a naught is a naught, and a figure is a +figure; all for the white man, and none for the nigure. And whereas Moses +lifted up the serpent in the wilderness, so also have I lifted this d--d +old nigger out of four dollars and six bits. Amen. Selah!" In the campaign +of 1868 this was circulated far and wide by the Democrats as a campaign +document. There is record of the sale of painted sticks in Clarke, +Marengo, Sumter, Barbour, Montgomery, Calhoun, Macon, Tallapoosa, and +Greene counties, and in the Tennessee valley. The practice must have been +general. In Sumter County, 1865-1866, the seller of sticks was an +ex-cotton agent. He had secured the striped pegs in Washington, he said, +and his charge was a dollar a peg. He instructed the buyer how to "step +off" the forty acres, and told them not to encroach upon one another and +to take half in cleared land and half in woodland.[1206] In Clarke County, +as late as 1873, the sticks were sold for three dollars each if the negro +possessed so large a sum; but if he had only a dollar, the agent would let +a stick go for that. Some of the negroes actually took possession of land, +and went to work.[1207] In Tallapoosa County the painted pegs were sold as +late as 1870.[1208] In 1902 a man was arrested in south Alabama for +collecting money from negroes in this way. It was said that one cause of +the survival of this practice was the course of Wendell Phillips, who, in +the _Antislavery Standard_, advocated the distribution of land among the +negroes, eighty acres to each, or forty acres and a furnished cottage. The +speeches of Thaddeus Stevens on confiscation were widely distributed among +the negroes. His Confiscation Bill of March, 1867, caused expectations +among the negroes, who soon heard of such propositions.[1209] General +Wilson, on his raid, had taken all the stock from Montgomery and had left +with the planters his broken-down mules and horses. The military +authorities of the Sixteenth Army Corps had declared that these animals +belonged to the planters, who had already used them a year. But the Rev. +C. W. Buckley, a Bureau chaplain, promised them to the negroes, who began +to take possession of them.[1210] + +The subordinate agents of the Bureau frequently were broken-down men who +had made failures at everything they had undertaken;[1211] some were +preachers with strong prejudices, and others were the dregs of a +mustered-out army,--all opposed to any settlement of the negro question +which would leave them without an office. Such men sowed the seeds of +discord between the races and taught the negro that he must fear and hate +his former master, who desired above all things to reënslave him.[1212] In +this way they were ably abetted by the northern teachers and +missionaries. + +There were some favorable reports from the Bureau in Alabama, principally +from districts where the native whites were agents. But in the summer of +1866 Generals Steedman and Fullerton, accompanied by a correspondent, made +a trip through the South inspecting the institution. They reported that in +Alabama it was better conducted than elsewhere in the South; that all of +the good of the system and not all of the bad was here most apparent. Over +the greater part of the state, they said, it interfered but little with +the negro, and consequently the affairs of both races were in better +condition. General Patton thought that Swayne was the best man to be at +the head of the Bureau, yet he was sure that the institution was +unnecessary, its only use being to feed the needy, which could be done by +the state with less demoralization. The negro, he said, should be left to +the protection of the law, since there was no discrimination against him. +As long as free rations were issued, the blacks would make no contracts +and would not work. Swayne, Patton declared, was doing his best, but he +could not prevent demoralization, and the very presence of the Bureau was +an irritation to the whites, thus operating against the good of the negro. +He stated that in Clarke and Marengo counties, where there were no agents, +the relations between the races were more friendly than in any other black +counties, and there the negro was better satisfied. The southern people +knew the negro and his needs, Steedman and Fullerton reported, and he +should be left to them; the Bureau served as a spy upon the planters; it +was the general testimony that where there was no northern agent, there +the negro worked better, and there was less disorder among the blacks and +less friction between the races. The fact was clearly demonstrated in west +Alabama, where there was little interference on the part of the Bureau, +and where the negro did well.[1213] + +An account of conditions in one county where the agents were army officers +and were somewhat under the influence of the native whites will be of +interest. When the army and the Bureau came to Marengo County, the white +people, who were few in number, determined to win their good will. There +were "stag" dinners and feasts, and the eternal friendship of the +officers, with few exceptions, was won. The exceptions were those who had +political ambitions. The population, being composed largely of negroes, +was under the control of the "office," which here did not heed the tales +of "rebel outrages." The negro received few supplies and did well, though +afterwards, in places doubtful politically, supplies were issued for +political purposes. One planter in Marengo gave an order to the negroes on +his plantation to do a certain piece of work. They refused and sent their +head man to report at the "office." He brought back a sealed envelope +containing a peremptory order to cease work. The negroes were ignorant of +the contents, so the planter read the letter, called the negroes up, and +ordered them back to the same work. They went cheerfully, evidently +thinking it was the order of the Bureau. At any time the Bureau could +interfere and say that certain work should or should not be done. Another +planter lived twelve miles from Demopolis. One day ten or twelve of the +negro laborers went to Demopolis to complain to the "office" about one of +his orders. The planter went to Demopolis by another road, and was sitting +in the Bureau office when the negroes arrived. They were confused and at +first could say nothing. The planter was silent. Finally they told their +tale, and the officer called for a sergeant and four mounted men. +"Sergeant," he said, "take these people back to Mr. DuBose's on the _run_! +You understand; on the _run_!" They ran the negroes the whole twelve +miles, though they had already travelled the twelve miles. Upon their +arrival at home the sergeant tied them to trees with their hands above +their heads, and left them with their tongues hanging out. It was the most +terrible punishment the negroes had ever received, and they never again +had any complaints to pour into the ear of the "office."[1214] The white +soldiers usually cared little for the negroes, it is said. + +From the first the Bureau was unnecessary in Alabama. The negro had felt +no want before the beginning of the war, and the efforts of the general +officers of the army, besides hunger and cold, would have soon forced him +to work. He was not mistreated except in rare cases which did not become +rarer under the Bureau. Cotton was worth fifty cents to a dollar a pound, +and the extraordinary demand for labor thus created guaranteed good +treatment. Much more suffering was caused by the congregation of the black +population in the towns than would have been the case had there been no +relief. Not a one did it really help to get work, because no man who +wanted work could escape a job unless it prevented, and with its red tape +it was a hindrance to those who were industrious. Its interference in +behalf of the negro was bad, as it led him to believe that the government +would always back him and that it was his right to be supported. Thus +industry was paralyzed. Yet as first organized by Swayne, the Bureau would +have been endurable, though it would have been a disturbing element, and +the negro would have been the greater sufferer from the disorder caused by +it; but, as time went on, General Swayne was gradually forced by northern +opinion to change his policy, and to put into office more and more +northern men as subordinate agents. These men, of character already +described, had to live by fleecing the negroes, by fees, and by stealing +supplies.[1215] Then, recognizing the trend of affairs and seeing their +great opportunity, they began to organize the negro for political +purposes; they themselves were to become statesmen. The Bureau was then +manipulated as a political machine for the nomination and election of +state and federal officers, and the public money and property were used +for that purpose. The Howard Investigation refused to enter that field, +but the testimony shows that the Bureau agents, teachers, the +savings-bank, and missionaries industriously carried on political +operations.[1216] + +In 1869 the Bureau was intrusted with the payment of bounties to the negro +soldiers who had been discharged or mustered out. There were several +thousand of these in Alabama. Gross frauds are said to have been +perpetrated by the officials in charge of the distribution. The worst +scandals were in north Alabama, where most of the negro soldiers +lived.[1217] + + +SEC. 2. THE FREEDMEN'S SAVINGS-BANK + +The Freedmen's Savings and Trust Company was an institution closely +connected with the Freedmen's Bureau, and had the sanction and support of +the government, especially of the Bureau officials. Many of the trustees +of the bank were or had been connected with the Bureau,[1218] and it was +generally understood by the negroes that it was a part of the Bureau. It +possessed the confidence of the blacks to a remarkable degree and gave +promise of becoming a very valuable institution by teaching them habits of +thrift and economy.[1219] + +The central office was in Washington, and several branch banks were +established in every southern state. The Alabama branch banks were +established at Huntsville, in December, 1865, and at Montgomery and Mobile +early in 1866. The cashiers at the respective branches, when the bank +failed, in 1874, were Lafayette Robinson, who seems to have been an honest +man though he could not keep books, Edwin Beecher,[1220] and C. R. +Woodward, both of whom seem to have had some picturesque ideas as to their +rights over the money deposited. A bank-book was issued to each negro +depositor, and in the book were printed the regulations to be observed by +him. On one cover there was a statement to the effect that the bank was +wholly a benevolent institution, and that all profits were to be divided +among the depositors or devoted to charitable enterprises for the benefit +of freedmen. It was further stated that the "Martyr" President Lincoln had +approved the purpose of the bank, and that one of his last acts was to +sign the bill to establish it. On the cover of the book was the printed +legend:[1221]-- + + "I consider the Freedmen's Savings and Trust Company to be greatly + needed by the colored people and have welcomed it as an auxiliary to + the Freedmen's Bureau."--MAJOR-GENERAL O. O. HOWARD. + +To the negro this was sufficient recommendation. There was also printed on +the cover a very attractive table, showing how much a man might save by +laying aside ten cents a day and placing it in the bank at 6 per cent +interest. The first year the man would save, in this way, $36.99, the +tenth year would find $489.31 to his credit. And all this by saving ten +cents a day--something easily done when labor was in such demand. This +unique bank-book had on the back cover some verses for the education of +the freedmen. The author of these verses is not known, but the negroes +thought that General Howard wrote them. + + "'Tis little by little the bee fills her cell; + And little by little a man sinks a well; + 'Tis little by little a bird builds her nest; + By littles a forest in verdure is drest; + 'Tis little by little great volumes are made; + By littles a mountain or levels are made; + 'Tis little by little an ocean is filled; + And little by little a city we build; + 'Tis little by little an ant gets her store; + Every little we add to a little makes more; + Step by step we walk miles, and we sew stitch by stitch; + Word by word we read books, cent by cent we grow rich." + +The verses were popular, the whole book was educative, and it was not +above the comprehension of the negro. If all the teaching of the negro had +been as sensible as this little book, much trouble would have been +avoided. It was a proud negro who owned one of these wonderful bank-books, +and he had a right to be proud. Many at once began to make use of the +savings-banks, and small sums poured in. Only the negroes in and near the +three cities--Huntsville, Montgomery, and Mobile--where the banks were +located seem to have made deposits, for those of the other towns and of +the country knew little of the institution. During the month of January, +1866, deposits to the amount of $4809 were made in the Mobile branch. This +was all in small sums and was deposited at a time of the year when money +was scarcest among laborers.[1222] In 1868 the interest paid on long-time +deposits to depositors at Huntsville was $38.02; at Mobile, $1349.40. On +May 1, 1869, the deposits at Huntsville amounted to $17,603.29; at Mobile, +$50,511.66. + +The following statements of the two principal banks will show how the +scheme worked among the negroes:-- + + ====================================================================== + |HUNTSVILLE BRANCH|MOBILE BRANCH + -------------------------------------|-----------------|-------------- + Total deposits to March 31, 1870 | $89,445.10 | $539,534.33 + Total number of depositors | 500 | 3,260 + Average amount deposited by each | $17.89 | $165.60 + Drawn out to March 31, 1870 | 70,586.60 | 474,583.60 + Balance to March 31, 1870 | 18,858.50 | 64,750.83 + Average balance due to each depositor| 47.114 | 39.82 + Spent for land (known) | 1,900.00 | 50,000.00 + Dwelling houses | 800.00 | ---- + Seeds, teams, agricultural implements| 5,000.00 | 15,000.00 + Education, books, etc. | 1,200.00 | ---- + ====================================================================== + STATEMENT OF THE BUSINESS DONE DURING AUGUST, 1872 + ====================================================================== + | HUNTSVILLE | MOBILE | MONTGOMERY + ----------------------|-------------|---------------|----------------- + Deposits for the month| $7,343.50 | $11,136.05 | $8,522.90 + Drafts for the month | 10,127.61 | 18,645.62 | 8,679.60 + Total deposits | 416,617.72 | 1,039,097.05 | 238,106.08 + Total drafts | 364,382.51 | 933,424.30 | 213,861.71 + Total due depositors | 52,235.21 | 105,672.75 | 24,244.37[1223] + ====================================================================== + +These branch banks exercised a good influence over the negro population, +even over those who did not become depositors. The negroes became more +economical, spent less for whiskey, gewgaws, and finery, and when wages +were good and work was plentiful, they saved money to carry them through +the winter and other periods of lesser prosperity. Some of those who had +no bank accounts would save in order to have one, or, at least, save +enough money to help them through hard times. Much of the money drawn from +the banks was invested in property of some kind. Excessive interest in +politics prevented a proper increase in the number of depositors and in +the amount of deposits. + +In 1874, after the bank failed through dishonest and inefficient +management, the liabilities to southern negro depositors amounted to +$3,299,201.[1224] A total business of $55,000,000 had been done. The +following table, compiled by Hoffman, will show the total business of the +bank, 1866 to 1874.[1225] + + ================================================================== + YEAR| TOTAL DEPOSITS | DEPOSITS EACH | DUE DEPOSITORS | GAIN EACH + | | YEAR | | YEAR + ----|----------------|----------------|----------------|---------- + 1866| $305,167 | $305,167 | $199,283 | $199,283 + 1867| 1,624,853 | 1,319,686 | 366,338 | 167,054 + 1868| 3,582,378 | 1,957,525 | 638,299 | 271,960 + 1869| 7,257,798 | 3,675,420 | 1,073,465 | 435,166 + 1870| 12,605,782 | 5,347,983 | 1,657,006 | 583,541 + 1871| 19,952,947 | 7,347,165 | 2,455,836 | 798,829 + 1872| 31,260,499 | 11,281,313 | 3,684,739 | 1,227,927 + 1873| ---- | ---- | 4,200,000 | ---- + 1874| 55,000,000 | ---- | 3,013,670 | ---- + ================================================================== + +In Alabama the depositors lost, for the time at least, $35,963 at +Huntsville; $29,743 at Montgomery; $95,144 at Mobile. After years of delay +dividends were paid; but few of the depositors profited by the late +payment.[1226] The philanthropic incorporators took care to desert the +failing enterprise in time, and Frederick Douglass, a well-known negro, +was placed in charge to serve as a scapegoat. No one was punished for the +crooked proceedings of the institution. Several of the incorporators were +dead; the survivors pleaded good intentions, ignorance, etc., and finally +placed the blame on their dead associates. Their sympathy for the negro +did not go the length of assuming money responsibility for the operations +of the bank, and thus saving the negro depositors. There were several of +the incorporators who could have assumed all the liabilities and not felt +the burden severely. Agents and lawyers got most of the later proceeds, +and the good work was all undone, for the negro felt that the United +States government and the Freedmen's Bureau had cheated him. It is said to +have affected his faith in banks to this day.[1227] + + +SEC. 3. THE FREEDMEN'S BUREAU AND NEGRO EDUCATION + +As the Federal armies occupied southern territory and numbers of negroes +were thrown upon the care of the government which gathered them into +colonies on confiscated plantations, there arose a demand from the friends +of the negro at the North that his education should begin at once. An +educated negro, it was thought, was even more obnoxious to the +slaveholding southerner than a free negro; hence educated negroes should +be multiplied. No doubt was entertained by his northern friends but that +the negro was the equal of the white man in capacity to profit by +education. To educate the negro was to carry on war against the South just +as much as to invade with armed troops, and various aid societies demanded +that, as the negro came under the control of the United States troops, +schools be established and the colored children be taught. The Treasury +agents, who were in charge of the plantations and colonies where the +negroes were gathered, were instructed by the Secretary to establish +schools in each "home" and "labor" colony for the instruction of the +children under twelve years of age. Teachers, supplied by the +superintendent of the colony, who was usually the chaplain of a negro +regiment, or by benevolent associations, were allowed to take charge of +the education of the blacks in any colony they decided to enter.[1228] +Before the end of the war only three or four such schools were established +in Alabama. One was on the plantation of ex-Governor Chapman, in Madison +County, another at Huntsville, and one at Florence. + +The law of March 3, 1865, creating the Freedmen's Bureau, gave to its +officials general authority over all matters concerning freedmen. Nothing +was said about education or schools, but it was understood that +educational work was to be carried on and extended, and after the +organization of the Bureau in the state of Alabama its "Department of +Records" had control of the education of the negro. For the support of +negro education the second Freedmen's Bureau Act, July 16, 1866, +authorized the use of or the sale of all buildings and lands and other +property formerly belonging to the Confederate States or used for the +support of the Confederacy. It directed the authorities of the Bureau to +coöperate at all times with the aid societies, and to furnish buildings +for schools where these societies sent teachers, and also to furnish +protection to these teachers and schools.[1229] + +The southern churches had never ceased their work among the negroes during +the war,[1230] and immediately after the emancipation of the slaves all +denominations declared that the freedmen must be educated so as to fit +them for their changed condition of life.[1231] The churches spoke for the +controlling element of the people, who saw that some kind of training was +an absolute necessity to the continuation of the friendly relations then +existing between the two races. The church congregations, associations, +and conferences, and mass meetings of citizens pledged themselves to aid +in this movement. Dr. J. L. M. Curry first appeared as a friend of negro +education when, in the summer of 1865, he presided over a mass meeting at +Marion, which made provision for schools for the negroes. On the part of +the whites whose opinion was worth anything, there was no objection worth +mentioning to negro schools in 1865 and 1866.[1232] In the latter year, +before the objectionable features of the Bureau schools appeared, General +Swayne commented upon the fact that the various churches had not only +declared in favor of the education of the negro, but had aided the work of +the Bureau schools and kept down opposition to them. He was, however, +inclined to attribute this attitude somewhat to policy. He wrote with +special approval of the assistance and encouragement given by the +Methodist Episcopal Church South, through Rev. H. N. McTyeire (later +bishop), who was always in favor of schools for negroes. He reported, +also, that there was a growing feeling of kindliness on the part of the +people toward the schools. Where there was prejudice the school often +dispelled it, and the movement had the good will of Governors Parsons and +Patton.[1233] + +Just after the military occupation of the state there was the greatest +desire on the part of the negroes, young and old, for book learning. +Washington speaks of the universal desire for education.[1234] The whole +race wanted to go to school; none were too old, few too young. Old people +wanted to learn to read the Bible before they died, and wanted their +children to be educated. This seeming thirst for education was not rightly +understood in the North; it was, in fact, more a desire to imitate the +white master and obtain formerly forbidden privileges than any real desire +due to an understanding of the value of education; the negro had not the +slightest idea of what "education" was, but the northern people gave them +credit for an appreciation not yet true even of whites. There were day +schools, night schools, and Sunday-schools, and the "Blue-back Speller" +was the standard beginner's text. Yet, as Washington says, it was years +before the parents wanted their children to make any use of education +except to be preachers, teachers, Congressmen, and politicians. Rascals +were ahead of the missionaries, and a number of pay schools were +established in 1865 by unprincipled men who took advantage of this desire +for learning and fleeced the negro of his few dollars. One school, +established in Montgomery by a pedagogue who came in the wake of the +armies, enrolled over two hundred pupils of all ages, at two dollars per +month in advance. The school lasted one month, and the teacher left, but +not without collecting the fees for the second month.[1235] + +When General Swayne arrived, he assumed control of negro education, and a +"Superintendent of Schools for Freedmen" was appointed. The Rev. C. M. +Buckley, chaplain of a colored regiment and official of the Freedmen's +Bureau, was the first holder of this office. In 1868, after he went to +Congress, the position was held by Rev. R. D. Harper, a northern Methodist +preacher, who was superseded in 1869 by Colonel Edwin Beecher, formerly a +paymaster of the Bureau and cashier of the Freedmen's Savings Bank in +Montgomery. There also appeared a person named H. M. Bush as +"Superintendent of Education," a title the Bureau officials were fond of +assuming and which often caused them to be confused with the state +officials of like title.[1236] + +The sale of Confederate property at Selma, Briarfield, and other places, +small tuition fees, and gifts furnished support to the teachers. General +Swayne was deeply interested in the education of the blacks, and thought +that northern teachers could do better work for the colored race than +southern teachers. Most of the aid societies had spent their funds before +reaching Alabama, but Swayne secured some assistance from the American +Missionary Association. The teachers were paid partly by the Association, +but mostly by the Bureau. The Pittsburg Freedmen's Aid Commission +established schools in north Alabama, at Huntsville, Stevenson, Tuscumbia, +and Athens, and also had a school at Selma. The Cleveland Freedmen's Union +Commission worked in Montgomery and Talladega by means of Sunday-schools. +A great many of the schools with large enrolments were Sunday-schools. The +American Missionary Association, besides furnishing teachers to the +Bureau, had schools of its own in Selma, Talladega, and Mobile. The +American Freedmen's Union Commission (Presbyterian branch) also had +schools in the state. The Freedmen's Aid Society of the Methodist +Episcopal Church (North) did some work in the way of education, but was +engaged chiefly in inducing the negroes to flee from the wrath to come by +leaving the southern churches. At Stevenson and Athens schools were +established by aid from England.[1237] In 1866 the Northwestern Aid +Society had a school at Mobile.[1238] At the end of 1865, the Bureau had +charge of eleven schools at Huntsville, Athens, and Stevenson, one in +Montgomery with 11 teachers and 497 pupils, and one in Mobile with 4 +teachers and 420 pupils.[1239] Some ill feeling was aroused by the action +of the Bureau in seizing the Medical College and Museum at Mobile and +using it as a schoolhouse. Even the Confederate authorities had not +demanded the use of it. Before the war it was said that the museum was one +of the finest in America. Many of the most costly models were now taken +away, and a negro shoemaker was installed in the chemical +department.[1240] + +The attitude of the southern religious bodies enabled the Bureau to extend +its school system in 1866, and to secure native white teachers. Schools +taught by native whites, most of whom were of good character, were +established at Tuskegee, Auburn, Opelika, Salem, Greenville, Demopolis, +Evergreen, Mount Meigs, Tuscaloosa, Gainesville, Marion, Arbahatchee, +Prattville, Haynesville, and King's Station,--in all twenty schools. There +were negro teachers in the schools at Troy, Wetumpka, Home Colony (near +Montgomery), and Tuscaloosa. The native whites taught at places where no +troops were stationed, and General Swayne stated that they were especially +willing to do this work after the churches had declared their intention to +favor the education of the negro. It was of such schools that he said +their presence dispelled prejudice.[1241] The history of one of these +schools is typical: In Russell County a school was established by the +Bureau, and Buckley, the Superintendent of Schools, who had no available +northern teacher, allowed the white people to name a native white teacher. +Several prominent men agreed that a Methodist minister of the community +was a suitable person. The neighbors assured him that his family should +not suffer socially on account of his connection with the school, and that +they wanted no northern teacher in the community. The minister accepted +the offer, was appointed by the Bureau, and the school was held in his +dooryard, out buildings, and verandas, his family assisting him. The +negroes were pleased, and big and little came to school. The relations +between the whites and blacks were pleasant, and all went well for more +than two years, until politics alienated the races, and the negroes +demanded a northern teacher or one of their own color.[1242] The schools +at Huntsville, Mobile, Montgomery, Selma, Tuscumbia, Stevenson, and +Athens, where troops were stationed, were reserved for the northern +teachers who were sent by the various aid societies. The disturbing +influence of the teachers was thus openly acknowledged. The Bureau +coöperated by furnishing buildings, paying rent, and making repairs, and, +in some instances, by giving money or supplies.[1243] + +The statistics of the Bureau schools are confused and incomplete. In 1866 +one report states that there were 8 schools with 31 teachers and 1338 +pupils under the control of the Bureau. General Swayne's list includes +the schools at the various places named above, and reports 43 schools in +23 of the 52 counties, with 68 teachers and a maximum enrolment of 3220 +pupils--the average being much less.[1244] Buckley's report for March 15, +1867, gives the number of negro schools of all kinds as 68 day schools and +27 night schools. The total enrolment for the winter months had been 5352; +the average attendance, 4217. At this time the Bureau was supporting 38 +day schools, 19 night schools, and paying 49 teachers. Benevolent +societies under supervision of the Bureau were conducting 21 day schools, +7 night schools, with 36 teachers and a total enrolment of 2157 pupils. +Besides these there were 10 private schools with 443 pupils. In all the +schools, there were 75 white and 20 negro teachers. There were more than +100,000 negro children of school age in the state who were not reached by +these schools. + +The following table, compiled from the semiannual reports on Bureau +schools in Alabama, will show the slight extent of the educational work of +the Bureau. The list includes all the schools in charge of the Bureau, or +which received aid from the Bureau. + + ======================================================================== + | JULY 1, | JULY 1, | JAN. 1, | JULY 1, | JULY 1, + | 1867 | 1868 | 1869 | 1869 | 1870 + --------------------|---------|----------|---------|---------|---------- + Day schools | 122| 59| 33| 79 | 23 + Night schools | 53| 19| 2| 1 | 4 + Private schools | | | | | + (negro teachers) | 8| 22| 4| 1 | -- + Semi-private | 25| 48| 25| 55 | 2 + Teachers transported| | | | | + by Bureau | 122| 22| 29| 3 | -- + School buildings | | | | | + owned by negroes | 27| 13| 1| 4 | 11 + School buildings | | | | | + owned by Bureau | 38| 36| 29| 66 | -- + White teachers | 126| 67| 49| 65?| -- + Negro teachers | 24| 28| 12| 23?| -- + White pupils | | | | | + (refugees) | 23| -- | -- | -- | -- + Black pupils | 9,799| 4,040| 3,330| 5,131 | 2,110 + Tuition paid | | | | | + by negroes |$1,542.00| $3,206.56|$1,431.50|$1,248.95| $1,446.30 + Bureau paid | | | | | + for tuition | 6,693.00| 2,097.73| 1,219.75| 2,938.50| 22,559.88 + Bureau paid for | | | | | + school expenses |18,685.07| ------ | ------ | ------ | ------ + Total expenditures | 8,235.00| 6,463.72| 2,723.25| 4,187.45|240,061.18 + ======================================================================== + +These statistics showing expenditures are not complete, but they are given +as they are in the reports, which are carelessly made from carelessly kept +and defective records. There was a disposition on the part of the Bureau +to claim all the schools possible in order to show large numbers. Many of +these so-called schools were in reality only Sunday-schools,--that is, +they were in session only on Sundays,--(and the missionary Sunday-schools +were counted), and were not as good as the Sunday-schools which for years +before the war had been conducted among the negroes by the different +churches. The Bureau did not consider of importance the private plantation +and mission schools supported by the native whites, nor the state schools, +which largely outnumbered the Bureau schools, but only those aided in some +way by itself. The schools entirely under the control of the Bureau had +small enrolment. Assistance was given to all the schools taught by +northern missionaries, to some taught by native whites, and to some taught +by negroes. It was given in the form of buildings, repairs, supplies, and +small appropriations of money for salaries. Rent was paid by the Bureau +for school buildings not owned by the schools or by the Bureau. Accounts +were carelessly kept, and after General Swayne left, if not before, abuses +crept in. At least one of the aid societies received money from the +Bureau, and its representatives established a reputation for crookedness +that was retained after the Bureau was a thing of the past. This +society,--The American Missionary Association,--along with other work +among the negroes, carried on a crusade against the Catholic Church which +was endeavoring to work in the same field. Church work and educational +work were not separated. A building in Mobile, valued at $20,000, was +given by the Bureau to the association as a training school for negro +teachers. The society charged the Bureau rent on this building, and there +were other similar cases where the Bureau paid rent on its own buildings +which were used by the aid societies.[1245] + +As already stated, for two years there was little or no opposition by the +whites to the education of the negro, and to some extent they even favored +and aided it. The story of southern opposition to the schools originated +with the lower class of agents, missionaries, and teachers. Of course, to +a person who had taken the abolitionist programme in good faith, it was +incomprehensible that the southern whites could entertain any kindly or +liberal feelings toward the blacks. But Buckley reported, as late as March +15, 1867, that the native whites favored the undertaking, and that no +difficulty was experienced in getting southern whites to teach negro +schools. Some of these teachers were graduates of the State University, +some had been county superintendents of education. Crippled Confederate +soldiers and the widows of soldiers sought for positions in the +schools.[1246] There were also some northern whites of common sense and +good character engaged in teaching these Bureau schools. But too many of +the latter considered themselves missionaries whose duty it was to show +the southern people the error of their sinful ways, and who taught the +negro the wildest of the social, political, and religious doctrines held +at that time by the more sentimental friends of the ex-slaves. + +The temper and manner and the beliefs in which the northern educator went +about the business of educating the negro are shown in the reports and +addresses in the proceedings of the National Teachers' Association from +1865 to 1875. The crusade of the teachers in the South was directed by the +people represented in this association, and its members went out as +teachers. Some of the sentiments expressed were as follows: Education and +Reconstruction were to go hand in hand, for the war had been one of +"education and patriotism against ignorance and barbarism."[1247] "The old +slave states [were] to be a missionary ground for the national +schoolmaster,"[1248] and knowledge and intellectual culture were to be +spread over this region that lay hid in darkness.[1249] There was a demand +for a national school system to force a proper state of affairs upon the +South, for free schools were necessary, they declared, to a republican +form of government, and the free school system should be a part of +Reconstruction. The education of the whites as well as the blacks should +be in the future a matter of national concern, because the "old rebels" +had been sadly miseducated, and they had been able to rule only because +others were ignorant and had been purposely kept in ignorance. Much +commiseration was expressed for "the poor white trash" of the South. The +"rebels" were still disloyal, and, as one speaker said, must be treated as +a farmer does stumps, that is, they must be "worked around and left to rot +out." The old "slave lords" must be driven out by the education of the +people, and no distinction in regard to color should be allowed in the +schools. The work of education must be directed by the North, for only the +North had correct ideas in regard to education. Nothing good was found in +the old southern life; it was bad and must give way to the correct +northern civilization. The work of "The Christian Hero" was praised, and +it was declared that it ought to inspire an epic even greater than the +immortal epic of Homer.[1250] + +The missionary teachers who came South were supported by this sentiment in +the North, and they could not look with friendly eyes upon anything done +by the southern whites for the negroes. Altogether there were not many of +these heralds of light, and it was a year before the character of their +teaching became generally known to the whites or its results were plainly +seen. Their dislike for all things southern was heartily reciprocated by +the native whites, who soon acquired a dislike for the northern teacher +which became second nature. The negro was taught by the missionary +educators that he must distrust the whites and give up all habits and +customs that would remind him of his former condition; he must not say +master and mistress nor take off his hat when speaking to a white person. +In teaching him not to be servile, they taught him to be insolent. The +missionary teachers regarded themselves as the advance guard of a new army +of invasion against the terrible South. In recent years a Hampton +Institute teacher has expressed the situation as follows: "When the combat +was over and the Yankee schoolma'ams followed in the train of the northern +armies, the business of educating the negroes was a continuation of +hostilities against the vanquished, and was so regarded to a considerable +extent on both sides." The North in a few years became disappointed and +indifferent, especially after the negro began to turn again to the +southern whites.[1251] + +The negro schools felt the influence of the politics of the day, besides +suffering from the results of the teachings of the northern pedagogues. +Buckley made a report early in 1867, stating that conditions were +favorable. On July 1, 1868, Rev. R. D. Harper, "Superintendent of +Education," reported that there was a reaction against negro schools; that +the whites were now hostile to the negro schools on account of their +teachers, who, the whites claimed, upheld the doctrines of social and +political equality; the negroes were too much interested in politics in +1867 and 1868, and spent their money in the campaigns; the teachers of the +negro schools were intimidated, ostracized from society, and could not +find board with the white people. Because of this, he said, some schools +had been broken up. The civil authorities, he declared, winked at the +intimidation of the teachers.[1252] Beecher, the Assistant Commissioner +and "Superintendent of Education," reported that the schools had been +supported on confiscated Confederate property until 1869, and that this +source of supply being exhausted, the teachers were returning to the +North. He reported that 100,000 children had never been inside a +schoolhouse. The night schools were not successful because the negroes +were unable to keep awake. A year later, Beecher reported that the schools +were recovering from unfavorable conditions, and that some of the teachers +who had proven to be immoral and incompetent had been discharged. + +The last reports (1870) stated that there was less opposition by the +whites to the Bureau schools.[1253] This can be partly accounted for by +the fact that the majority of the obnoxious northern teachers had returned +to the North or had been discharged. The best ones, who had come with high +hopes for the negroes, sure that the blacks needed only education to make +them the equal of the whites, were bitterly disappointed, and in the +majority of cases they gave up the work and left. Not all of them were of +good character and a number were discharged for incompetency or +immorality; others were coarse and rude. The respectable southern whites +resigned as soon as the results of the teaching of the outsiders began to +be realized, and those who remained were beyond the pale of society. The +white people came to believe, and too often with good reason, that the +alien teachers stood for and taught social and political equality, +intermarriage of the races, hatred and distrust of the southern whites, +and love and respect for the northern deliverer only. Social ostracism +forced the white teachers to be content with negro society. Naturally they +became more bitter and incendiary in their utterances and teachings. Some +negroes were only too quick to learn such sentiments, and the generally +insolent behavior of the negro educated under such conditions was one of +the causes of reaction against negro education. The hostility against +negro schools was especially strong among the more ignorant whites, and +during the Ku Klux movement these people burned a number of schoolhouses +and drove the teachers from the country where a few years before they had +been welcomed by some and tolerated by all. + +The results of the attempts by the Bureau and the missionary societies to +educate the negro were almost wholly bad. DuBois makes the astonishing +statement that the Bureau established the free public school system in +the South.[1254] It is true that some of the schools then established have +survived, but there would have been many more schools to-day had these +never existed. For the whites the public school system of Alabama existed +before the war; the example of the Bureau in no way encouraged its +extension for the blacks; reconstructive educational ideals caused a +reaction against general public education. In 1865 to 1866 the thinking +people of the state, such men as Dr. J. L. M. Curry and Bishop McTyeire, +were heartily in favor of the education of the negro, and all the churches +were also in favor of giving it a trial. As conditions were at that time, +even the best plan for the education of the negro by alien agencies would +have failed. General Swayne hoped to use both northern and southern +teachers, but it was not possible that the temper of either party would +permit coöperation in the work. Buckley seems to have had glimmerings of +this fact, when he tried to get southern teachers for the schools. But the +damage was already done. The logical and intentional result of the +teachings of the missionaries was to alienate the races. If the negro +accepted the doctrine of the equality of all men and the belief in the +utter sinfulness of slavery and slaveholders, he at once found that the +southern whites were his natural enemies. + +Unwise efforts were made to teach the adult blacks, and they were +encouraged to believe that all knowledge was in their reach; that without +education they would be helpless, and with it they would be the white +man's equal. Some of the negroes almost worshipped education, it was to do +so much for them. The schools in the cities were crowded with grown +negroes who could never learn their letters. All attempts to teach these +older ones failed, and the failure caused grievous disappointment to many. +The exercise of common sense by the teachers might have spared them this. +But the average New England teacher began to work as if the negroes were +Mayflower descendants. No attention was paid to the actual condition of +the negroes and their station in life. False ideas about manual labor were +put into their heads, and the training given them had no practical bearing +on the needs of life.[1255] + +From the table given above it will be seen that the Bureau schools reached +only a very small proportion of the negro children. The missionary schools +not connected with the Bureau were few. It is likely that for five years +there were not more than two hundred northern teachers in the state, yet +the effect of their work was, in connection with the operations of the +political and religious missionaries, to make a majority perhaps of the +white people hostile to the education of the negro. The crusading spirit +of the invaders touched the most sensitive feelings of the southerners, +and the insolence and rascality of the educated negroes were taken as +natural results of education. The good was obscured by the bad. The +innocent missionary suffered for the sins of the violent and incendiary. +The educated black rascal was pointed out as a fair example of negro +education. The damage was done, not so much by what was actually taught in +the relatively few schools, as by the ideas caught by the entire negro +population that came in contact with the missionaries. Naturally the +blacks were more likely to accept the radical teachers. A most unfortunate +result was the withdrawal of the southern church organizations and of all +white southerners from the work of training the negro. The profession had +been discredited. One of the hardest tasks of the negro educators of +to-day--like Washington or Councill--is to undo the work of the aliens who +wrought in passion and hate a generation before they began. The evil of +the Bureau system did not die with that institution, but when the +reconstructionists undertook to mould anew the institutions of the South, +the educational methods of the Bureau and its teachers were transferred +into the new state system which they helped to discredit.[1256] + + +Why the Bureau System Failed + +There have been many apologies for the Freedmen's Bureau, many assertions +of the necessity for such an institution to protect the blacks from the +whites. It was necessary, the friends of the institution claimed, to +prevent reënslavement of the negro, to secure equality before the law, to +establish a system of free labor, to relieve want, to force a beginning of +education for the negro, to make it safe for northern missionaries and +teachers to work among the blacks. It was, of course, not to be expected +that the victorious North would leave the negroes entirely alone after the +war, and in theory there were only two objections to such an institution +well conducted,--(1) it was not really needed, and (2) it was, as an +institution, based on an idea insulting to southern white people. It meant +that they were unfit to be trusted in the slightest matter that concerned +the blacks. It was based on the theory that there was general hostility +between the southern white and the southern black, and that the government +must uphold the weaker by establishing a system of espionage over the +stronger. The low characters of the officials made the worst of what would +have been under the best agents a bad state of affairs. In 1865 it was +necessary for the good of the negro that social and economic laws cease to +operate for a while and allow the feelings of sentiment, duty, and +gratitude of the Southern whites to work in behalf of the black and enable +the latter to make a place for himself in the new order. After the +surrender there was, on the part of the whites, a strong feeling of +gratitude to the negroes, that was practically universal, for their +faithful conduct during the war. The people were ready, because of this +and many other reasons, to go to any reasonable lengths to reward the +blacks. The Bureau made it impossible for this feeling to find expression +in acts. The negro was taken from his master's care and in alien schools +and churches taught that in all relations of life the southern white man +was his enemy. The whites came to believe that negro education was worse +than a failure. The southern churches lost all opportunity to work among +the negroes. Friendly relations gave way to hostility between the races. +The better elements in southern society that were working for the good of +the black were paralyzed and the worst element remained active. The +friendship of the native whites was of more value to the blacks than any +amount of theoretical protection against inequalities in legislation and +justice. Finally, the claim that the Bureau was essential in establishing +a system of free labor is ridiculous. The reports of the Bureau officials +themselves show clearly, though not consciously, that the new labor system +was being worked out according to the fundamental economic laws of supply +and demand, and largely in spite of the opposition of the Bureau with its +red tape-measures. The Bureau labor policy finally gave way everywhere +before the unauthorized but natural system that was evolved.[1257] + + + + +PART V + +CONGRESSIONAL RECONSTRUCTION + + + + +CHAPTER XII + +MILITARY GOVERNMENT UNDER THE RECONSTRUCTION ACTS + + +SEC. I. THE ADMINISTRATION OF GENERAL POPE + +The Military Reconstruction Bills + +The Radicals in Congress triumphed over the moderate Republicans, the +Democrats, and the President, when, on March 2, 1867, they succeeded in +passing over the veto the first of the Reconstruction Acts. This act +reduced the southern states to the status of military provinces and +established the rule of martial law. After asserting in the preamble that +no legal governments or adequate protection for life and property existed +in Alabama and other southern states, the act divided the South into five +military districts, subject to the absolute control of the central +government, that is, of Congress.[1258] Alabama, with Georgia and Florida, +constituted the Third Military District. The military commander, a general +officer, appointed by the President, was to carry on the government in his +province. No state interference was to be allowed, though the provisional +civil administration might be made use of if the commander saw fit. +Offenders might be tried by the local courts or by military commissions, +and except in cases involving the death penalty, there was no appeal +beyond the military governor. This rule of martial law was to continue +until the people[1259] should adopt a constitution providing for +enfranchisement of the negro and for the disfranchisement of such whites +as would be excluded by the proposed Fourteenth Amendment to the United +States Constitution. As soon as this constitution should be ratified by +the new electorate (a majority voting in the election) and the +constitution approved by Congress, and the legislature elected under the +new constitution should ratify the proposed Fourteenth Amendment, then +representatives from the state were to be admitted to Congress upon taking +the "iron-clad" test oath of July 2, 1862.[1260] And until so +reconstructed the present civil government of the state was provisional +only and might be altered, controlled, or abolished, and in all elections +under it the negro must vote and those who would be excluded by the +proposed Fourteenth Amendment must be disfranchised.[1261] + +The President at once (March 11, 1867) appointed General George H. Thomas +to the command of the Third Military District, with headquarters at +Montgomery, but the work was not to General Thomas's liking, and at his +request he was relieved, and on March 15 General Pope was appointed in his +place.[1262] Pope was in favor of extreme measures in dealing with the +southern people and stated that he understood the design of the +Reconstruction Acts to be "to free the southern people from the baleful +influence of old political leaders."[1263] + +The act of March 2 did not provide for forcing Reconstruction upon the +people. If they wanted it, they might initiate it through the provisional +governments, or if they preferred, they might remain under martial law. +While all people were anxious to have the state restored to the Union, +most of the whites saw that to continue under martial law, even when +administered by Pope, was preferable to Reconstruction under the proposed +terms. Consequently the movement toward Reconstruction was made by a very +small minority of the people and had no chance whatever of making any +headway. + +Therefore, in order to hasten the restoration of the states and to insure +the proper political complexion of the new régime, Congress assumed +control of the administration of the law of March 2, by the supplementary +act of March 23, 1865. "To facilitate restoration" the commander of the +district was to cause a registration of all men over twenty-one not +disfranchised by the act of March 2, who could take the prescribed +oath[1264] before the registering officers. The commander was then to +order an election for the choice of delegates to a convention. He was to +apportion the delegates according to the registered voting population. If +a majority voted against holding the convention, it should not be held. +The boards of registration, appointed by the commanding general, were to +consist of three loyal persons. They were to have entire control of the +registration of voters, and the elections and returns which were to be +made to the military governor. They were required to take the "iron-clad" +test oath, and the penalties of perjury were to be visited upon official +or voter who should take the oath falsely. After the convention should +frame a constitution, the military commander should submit it to the +people for ratification or rejection. The same board of registration was +to hold the election. If the Constitution should be ratified by a majority +of the votes cast in the election where a majority of the registered +voters voted, and the other conditions of the act of March 2 having been +complied with, the state should be admitted to representation in +Congress.[1265] + + +Pope assumes Command + +On April 1, 1867, General Pope arrived in Montgomery and assumed command +of the Third Military District. General Swayne was continued in command +of Alabama as a sub-district. Pope announced that the officials of the +provisional government would be allowed to serve out their terms of +office, provided the laws were impartially administered by them. Failure +to protect the people without distinction in their rights of person and +property would result in the interference of the military authorities. +Civil officials were forbidden to use their influence against +congressional reconstruction. No elections were to be held unless negroes +were allowed to vote and the whites disfranchised as provided for in the +act of March 2. However, all vacancies then existing or which might occur +before registration was completed would be filled by military appointment. +The state militia was ordered to disband.[1266] General Swayne proclaimed +that he, having been intrusted with the "administration of the military +reconstruction bill" in Alabama, would exact a literal compliance with the +requirements of the Civil Rights Bill. All payments for services rendered +the state during the war were peremptorily forbidden.[1267] The _Herald_ +correspondent reported that Pope's early orders were favorably received by +the conservative press of Alabama, and that there was no opposition of any +kind manifested. The people did not seem to realize what was in store for +them. The army thought necessary to crush the "rebellious" state was +increased by a few small companies only, and now consisted of fourteen +companies detached from the Fifteenth and the Thirty-third Infantry and +the Fifth Cavalry, amounting in all to 931 men, of whom eight companies +were in garrison in the arsenal at Mount Vernon and the forts at +Mobile.[1268] The rest were stationed at Montgomery, Selma, and +Huntsville. + +Writing to Grant on April 2, Pope stated that the civil officials were all +active secessionists and would oppose Reconstruction. But the people were +ready for Reconstruction, which he predicted would be speedy in Alabama. +Five days later he wrote that there would be no trouble in Alabama; that +Governor Patton and nearly all the civil officials and most of the +prominent men of the state were in favor of the congressional +Reconstruction and were canvassing the state in favor of it.[1269] He was +evidently of changeable opinions. However, he was so impressed with the +goodness of Alabama and the badness of Georgia, that, in order to be near +the most difficult work, he asked Grant to have headquarters removed to +Atlanta, which was done on April 11.[1270] + +[Illustration: FEDERAL COMMANDERS, Who ruled the State, 1865-1868. + +GENERAL GEORGE H. THOMAS, in command of the district including Alabama, +1864-1867. + +GENERAL WAGER SWAYNE, Assistant Commissioner of Freedmen's Bureau. + +GENERAL JOHN POPE, First Commander of Third Military District. + +GENERAL GEORGE G. MEADE (in field uniform), Commander of Third Military +District.] + +The Georgia people were evidently so bad that they caused a change in his +former favorable opinion of the people in general, or rather of the +whites, for in a letter to Grant, July 24, 1867, we find a frank +expression of his sentiments in regard to Reconstruction. He thought the +disfranchising clauses were among the wisest provisions of the +Reconstruction Acts; that the leading rebels should have been forced to +leave the country and stay away; that all the old official class was +opposed to Reconstruction and was sure to prevail unless kept +disfranchised; that it was better to have incompetent loyal men in office +than rebels of ability,--in fact, the greater the ability the greater the +danger; that in order to retain the fruits of reconstruction the old +leaders must be put beyond the power of returning to influence. He had by +this time evidently become somewhat disgusted with the reconstructionists, +for he intimated that none of the whites were fit for self-government, and +was strongly of the opinion that, in a few years, intelligence and +education would be transferred from the whites to the negroes. He +predicted ten thousand majority for Reconstruction in Alabama, but thought +that in case Reconstruction succeeded in the elections, some measures +would have to be taken to free the country of the turbulent and disloyal +leaders of the reactionary party, or there would be no peace.[1271] + + +Control of the Civil Government + +Pope instructed the post commanders in Alabama to report to headquarters +any failures of civil tribunals to administer the laws in accordance with +the Civil Rights Bill or the recent acts of Congress. They were, above +all, to watch for discrimination on account of color, race, or political +opinion. While not interfering with the functions of civil officers, they +were instructed to give particular attention to the manner in which such +functions were discharged.[1272] Civil officials were warned that the +prohibition against their using influence against Reconstruction would be +stringently enforced. They were not to give verbal or written advice to +individuals, committees, or the public unless in favor of Reconstruction. +Officials who violated this prohibition were to be removed from office and +held accountable as the case demanded.[1273] District and post commanders +were ordered to report to Pope all state, county, or municipal officials +who were "disloyal" to the government of the United States, or who used +their influence to "hinder, delay, prevent, or obstruct the due and proper +administration of the acts of Congress."[1274] Later, Grant and Pope +decided that the paroles of soldiers were still in force and that any +attempt to "prevent the settlement of the southern question would be a +violation of parole."[1275] + +In May, Pope issued orders informing the officials of Alabama of their +proper status. There was no legal government in Alabama, they were told, +and Congress had declared that no adequate protection for life and +property existed. The military authorities were warned that upon them +rested the final responsibility for peace and security. Consequently when +necessary they were to supersede the civil officials. In towns, the mayor +and chief of police were required to be present at every public meeting, +with sufficient force to render disturbance impossible. It would be no +excuse not to know of a meeting or not to apprehend trouble. Outside of +towns, the sheriff or one of his deputies was to be present at such +gatherings, and in case of trouble was to summon a posse from the crowd, +but must not summon officers of the meeting or the speakers. It was +declared the duty of civil officials to preserve peace, and assure rights +and privileges to all persons who desired to hold public meetings. In case +of disturbance, if it could not be shown that the civil officials did +their full duty, they would be deposed and held responsible by the +military authorities. When the civil authorities asked for it, the +commanders of troops were to furnish detachments to be present at +political meetings and prevent disturbance. The commanding officers were +to keep themselves informed in regard to political meetings and hold +themselves ready for immediate action.[1276] + +From the beginning, Pope, supported and advised by General Swayne, pursued +extreme measures. There were soon many complaints of his arbitrary +conduct. In his correspondence with General Grant he complained of the +attitude of the Washington administration toward his acts, and largely to +support Pope (and Sheridan in the Fifth District), Congress passed the act +of July 19, 1867, which was the last of the Reconstruction Acts, so far as +Alabama was concerned. This law declared that the civil governments were +not legal state governments and were, if continued, to be subject +absolutely to the military commanders and to the paramount authority of +Congress. The commander of the district was declared to have full power, +subject only to the disapproval of General Grant, to remove or suspend +officers of the civil government and appoint others in their places. +General Grant was vested with full power of removal, suspension, and +appointment. It was made the duty of the commander to remove from office +all who opposed Reconstruction.[1277] Pope had already been making use of +the most extreme powers, and the only effect of the act was to approve his +course. Pope gave the laws a very broad interpretation, believing that +Reconstruction should be thoroughly done in order to leave no room for +future trouble and embarrassment. Grant, on August 3, wrote to him[1278] +approving his sentiments, and went on to say: "It is certainly the duty of +the district commander to study what the framers of the Reconstruction +laws wanted to express, as much as what they do express, and to execute +the law according to that interpretation."[1279] This was certainly a +unique method of interpretation and would justify any possible assumption +of power. + +There had been several instances of prosecution by state authorities of +soldiers and officials for acts which they claimed were done under +military authority. Pope disposed of this question by ordering the civil +courts to entertain no action against any person for acts performed in +accordance with military orders or by sanction of the military authority. +Suits then pending were dismissed. The military authorities were to +enforce the order strictly and report all officials who might +disobey.[1280] A few weeks later a decree went forth that all jurors +should be chosen from the lists of voters registered under the acts of +Congress. They must be chosen without discrimination in regard to color, +and each juror must take an oath that he was a registered voter. Those who +could not take the oath were to be replaced by those who could.[1281] + +So much for the general regulation and supervision of the civil +authorities by the army. There were but a few hundred troops intrusted +with the execution of these regulations, which were, of course, enforced +only spasmodically. The more prominent officials were closely watched, but +the only effect in country districts was to destroy all government. Many +judges, while willing to have their jurors drawn from the voting lists, +refused to accept ignorant negroes on them, or to order the selection of +mixed juries, and many courts were closed by military authority. Judge +Wood, of the city court of Selma, had a jury drawn of whites. A military +commission, sitting in Selma, refused to allow cases to be tried unless +negroes were on the jury. Pope's order was construed as requiring negroes +on each jury, and he so meant it.[1282] Later, he published an order +requiring jurors to take the "test oath," which would practically exclude +all the whites.[1283] Prisoners confined in jail under sentence by jurors +drawn under the old laws were liberated by the army officers or by +Freedmen's Bureau officials. Twice in the month of December, 1867, there +were jail deliveries by military authorities in Greene County.[1284] + +Within the first month Pope began to remove civil officials and appoint +others. Mayor Joseph H. Sloss of Tuscumbia was the first to go. Pope +alleged that the election had not been conducted in accordance with the +acts of Congress and forthwith appointed a new mayor. No complaint had +been made, the removal being caused by outside influence.[1285] At this +election, negroes for the first time in Alabama had voted under the +Reconstruction Acts. Sloss had received two-thirds of all votes cast. +Evidently the blacks had been controlled by the whites, which was contrary +to the spirit of the Reconstruction. + +Immediately after a riot in Mobile[1286] following an incendiary speech by +"Pig Iron" Kelly of Pennsylvania, one of the visiting orators, Colonel +Shepherd of the Fifteenth Infantry assumed command of the city. The police +were suspended. Breach of the peace was punished by the military +authorities. Out-of-door congregations after nightfall were prohibited. +Notice of public meetings had to be given to the acting mayor in time to +have a force on hand to preserve the peace. The publication of incendiary +articles in the newspapers was forbidden. The provost guard was directed +to seize all large firearms in the possession of improper persons and to +search suspected persons for small arms. The special police, when +appointed, were ordered to restrict their duties to enforcing the city +ordinances. All offences against military ordinances would be attended to +by the military authorities. A later order prohibited the carrying of +large firearms without special permission. Deposits of such arms were +seized.[1287] + +Pope declared all offices vacant in Mobile and filled them anew,[1288] in +the face of a report by Swayne that reasonable precautions had been taken +to prevent disorder. The blame for this action of Pope's fell upon Swayne, +who had to carry out the orders. The officers appointed by Pope refused to +accept office, and then he seems to have offered to reappoint the old +officials, and they declined. Thereupon he lost his temper and directed +Swayne to fill the vacancies in the city government of Mobile "from that +large class of citizens who have heretofore been denied the right of +suffrage and participation in municipal affairs and whose patriotism will +prevent them from following this disloyal example." He was referring to +the refusal of the former members of the city government to accept +reappointment after suspension, and meant that negroes should now be +appointed. Swayne offered positions to some of the most respected and +influential negroes, who declined, saying that they preferred white +officials. Negro policemen were appointed.[1289] In October a case came up +in Mobile which caused much irritation. The negro policemen were +troublesome and insolent, and one day a little child ran out into the +street in front of a team driven by a negro, who paid no attention to the +mother's call to him to stop his horses. Some one snatched the baby from +under the heels of the horses, and the scared and angry mother relieved +her feelings by calling the driver a "black rascal." The negro policemen +came to her house, arrested her, and with great brutality dragged her from +the house and along the street. Another woman asked the negroes if they +had a warrant for the arrest of the first woman. She was answered by the +polite query, "What the hell is it your business?" Mayor Horton, Pope's +appointee, fined the woman ten dollars[1290]--for violation of the Civil +Rights Bill, it is to be presumed, since that was considered to cover most +things pertaining to negroes. + +This Mayor Horton had a high opinion of his prerogatives as military mayor +of Mobile. The _Mobile Tribune_ had been publishing criticisms on his +administration and also of Mr. Bromberg, one of his political brethren. +Archie Johnson, a crippled, half-witted negro newsboy, was, it is said, +hired to follow the mayor about, selling his _Tribune_ papers, much to the +annoyance of Mayor Horton. On one occasion Archie cried, "Here's yer +_Mobile Tribune_, wid all about Mayor Horton and his Bromberg rats." This +was too much for the military mayor, and, considering the offence as one +against the Civil Rights Bill, he sentenced the negro to banishment to New +Orleans. Archie soon returned and was again exiled by the mayor. Here was +an opportunity for the people to get even with Horton, and suit was +brought in the Federal court before Busteed, who was now somewhat out with +his party. Horton was fined for violation of the Civil Rights Bill.[1291] + +Many officials were removed and many appointments made by Pope. His +removals and appointments included mayors, chiefs of police, tax assessors +and collectors, school trustees, county commissioners, justices of the +peace, sheriffs, judges, clerks of courts, bailiffs, constables, city +clerks, solicitors, superintendents of schools, aldermen, common councils, +and all the officials of Jones and Colbert counties.[1292] Pope was +roundly abused by the newspapers and by the people for making so many +changes. I have been unable to find, however, the names of more than +thirty-four officials of any consequence who were removed by Pope. He made +224 appointments to such offices, besides minor ones. A clean sweep of all +officials from mayor to policemen was made in Mobile and again in Selma. +Most vacancies were caused by expiration of term of office or by forced +resignation.[1293] + +As there was need of money to pay the expense of the convention soon to +assemble, and as the taxpayers were beginning to understand for what +purposes their money was to be used and were in many instances refusing to +pay, Pope issued an order to the post and detachment commanders directing +them to furnish military aid to state tax-collectors.[1294] The bitterest +reconstructionists were heartily in favor of aid to the tax-collecting +branch of the "rebel" administration. They needed money to carry out their +plans. When the terms of the tax-collectors expired, they were ordered to +continue in office until their successors were duly elected and +qualified,[1295] which, of course, meant to continue the present +administration until the reconstructed government should take charge. Pope +was very careful not to allow the civil government to spend any of the +money coming in from taxes. He said that he thought it proper to prohibit +the state treasurer from paying out money for the support of families of +deceased Confederate soldiers, for wooden legs for Confederate soldiers, +etc., since the convention soon to meet would probably not approve +expenditure for such purposes.[1296] Later the treasurer was ordered to +pay the _per diem_ of the delegates and the expenses of the convention, +though Pope expressed doubt, for once, of his authority in the +matter.[1297] + +General Swayne, at Montgomery, who had long been at the head of the +Freedmen's Bureau in the state and also military commander of the District +of Alabama since June 1, 1866, found himself relegated to a somewhat +subordinate position after Pope assumed command in the Third District. The +latter took charge of everything. If a negro policeman were to be +appointed in Mobile, Pope made the appointment and issued the order. Nor +did he always send his orders to Swayne to be republished. In consequence, +Swayne dropped out of the records somewhat, but he had to bear much of the +blame that should have fallen on Pope, though he was in full sympathy with +the views of the latter. He was, however, a man of much more ability than +Pope, of sounder judgment, and had had legal training. Consequently, Pope +relied much upon him for advice in the many knotty questions that came up, +often coming from Atlanta to Montgomery to see Swayne, and as a rule none +of his well-known proclamations were ever issued when under the latter's +influence. The orders written for him or outlined by Swayne were +stringent, of course, but clear, short, and to the point. Pope's own +masterpieces were long, rhetorical, and blustering. His favorite +valedictory at the end of an order was a threat of martial law and +military commissions. + +General Swayne was still at the head of the Freedmen's Bureau, and in this +capacity he made his authority felt. In April, 1867, he ordered probate +judges to revise former actions in apprenticing minors to former owners +and to revoke all indentures made since the war if the minors were able to +support themselves. Though the vagrancy law had never been enforced and +had been repealed by the legislature, he declared its suspension. The +chain-gang system was abolished, except in connection with the +penitentiary.[1298] In the fall, in order to secure pay for negro +laborers, he ordered a lien on the crops grown on the farm where they were +employed. This lien was to attach from date of order and to have +preference over former liens.[1299] + + +Pope and the Newspapers + +When Pope first assumed command, it was reported that the conservative +papers were, at the worst, not hostile to him;[1300] but within a few +weeks he had aroused their hostility and the battle was joined. Pope +believed that the papers had much to do with inciting hostility against +the visiting orators from the North, resulting in such disturbances as the +Kelly riot in Mobile. Consequently, instructions were issued prohibiting +the publication of articles tending to incite to riot. This order was +aimed at the conservative press. No one except the negroes paid much +attention to the Radical press. However, after the Mobile trouble the +military commander was somewhat nervous and wanted to prevent future +troubles. The negroes, now much excited by the campaign, were supposed to +be much influenced by the violent articles appearing in the Radical paper +of Mobile,--the _National_. On May 30 an article was printed in that paper +instructing the freedmen when, where, and how to use firearms. It went on +to state: "Do not, on future occasions [like the Kelly riot], waste a +single shot until you see your enemy, be sure he is your enemy, never +waste ammunition, don't shoot until necessary, and then be sure to shoot +your enemy. Don't fire into the air." Fearing the effect upon the negroes +of such advice, the commanding officer at Mobile suppressed the edition of +May 30, and prohibited future publication unless the proof should first be +submitted to the commandant according to the regulations of May 19, issued +by Pope. Instead of approving the action of the Mobile officer, Pope +strongly disapproved of and revoked his orders. The Mobile commander was +informed that it was the duty of the military authorities, not to +restrict, but to secure, the utmost freedom of speech. No officers or +soldiers should interfere with newspapers or speakers on any pretext +whatever. "No satisfactory execution of the late acts of Congress is +practicable unless this freedom is secured and its exercise protected," +Pope said. However, "treasonable utterances" were not to be regarded as +the legitimate exercise of the freedom of discussion.[1301] + +The conservative papers managed to keep within bounds, and Pope was unable +to harm them. Finally he decided to strike at them through the official +patronage. By the famous General Order No. 49,[1302] he stated that he was +convinced that the civil officials were obeying former instructions[1303] +only so far as their personal conversation was concerned, and were using +their official patronage to encourage newspapers which opposed +reconstruction and embarrassed civil officials appointed by military +authority by denunciations and threats of future punishment. Such use of +patronage was pronounced an evasion of former orders and an employment of +the machinery of the state government to defeat the execution of the +Reconstruction Acts. Therefore it was ordered that official advertising +and official printing be given to those newspapers which had not opposed +and did not then oppose Reconstruction or embarrass officials by threats +of violence and of prosecution as soon as the troops were withdrawn.[1304] +This order affected nearly every newspaper in the state. There were +sixty-two counties, and each had public printing and advertising. On an +average, at least one paper for each county was touched in the exchequer, +and as Pope reported, "a hideous outcry" arose from the press of the +state.[1305] There were only five or six Reconstruction papers in the +state, and a modification of the order in practice was absolutely +necessary. Pope was so roundly abused by the newspapers, North and South, +and especially in Alabama and Georgia, that he seems to have been affected +by it. He endeavored to explain away the order by saying that it related +only to military officials and not to civil officials. He did not say that +in the order, though he may have meant it, and was now using the +remarkable method of interpretation suggested to him by Grant in regard to +the Reconstruction Acts. Several accounts of newspapers for public +advertisements were held up and payments disallowed. The best-known of +these papers were the _Selma Times_ and the _Eutaw Whig and +Observer_.[1306] The order was strictly enforced until General Meade +assumed command of the Third Military District. + + +Trials by Military Commissions + +The newspapers state that many arrests of citizens were made by military +authorities, and in the spring of 1868 they generally remarked that the +jails were filled with prisoners thus arrested who were still awaiting +trial. Most of these were probably arrested under the Pope régime, since +Meade, his successor, was not so extreme. However, Pope, in spite of his +threats, had but few persons tried by military commissions. D. C. Ballard +was convicted of pretending to be a United States detective and of +stealing ninety-five bales of cotton, and was sentenced to eight years' +imprisonment.[1307] One David J. Files was arrested for inciting the Kelly +riot at Mobile. Pope said that he was the chief offender and had him +imprisoned at Fort Morgan until he could be tried by a military +commission. He was fined $100.[1308] William A. Castleberry was convicted +by a military commission, fined $200, and imprisoned for one year for +purchasing stolen property and for assisting a deserter to escape. Jesse +Hays, a justice of the peace in Monroe County, was sentenced to five +months' imprisonment and fined $100 for prescribing a punishment for a +negro that could not be prescribed for a white, that is, fifty lashes. +Matthew Anderson and John Middleton, who were tried for carrying out the +sentence imposed on the negro, were acquitted.[1309] These are all the +cases that I have been able to find of trial of civilians by military +commission under Pope. In one case there was a direct interference by Pope +with the administration of justice. Daniel and James Cash had been +indicted in Macon County for murder and had made bond. They were later +indicted and arrested in Bullock County. Pope ordered that they be +released and that all civil officials let them alone.[1310] + + +Registration and Disfranchisement + +But the prime object of Pope's administration was not merely to carry on +the government in his military province, but to see that the +Reconstruction was rushed through in the shortest possible time and in the +most thorough manner, according to the intentions of the Congressional +leaders as he understood them. As already stated, he had very clear ideas +of what should be done, and from the first was hampered by no few doubts +as to the limits of his power. The Reconstruction laws were given the +broadest interpretation. In the liberal interpretation of his powers Pope +was equalled only by Sheridan in the Fifth District. + +A week after his arrival in Montgomery Pope directed Swayne to divide the +state into registration districts. Army officers were to be used as +registrars only when no civilians could be obtained. General supervisors +were to look after the working of the registration, and there was to be a +general inspector at headquarters. Violence or threats of violence against +registration officials would be punished by military commission.[1311] May +21, 1867, the state was divided into forty-two (later forty-four) +registration districts, so arranged as to make the most effective use of +the black vote.[1312] A board of registration for each district was +appointed, each board consisting of two whites and one negro. Since each +had to take the "iron-clad" test oath, practically all native whites were +excluded, those who were on the lists being men of doubtful character and +no ability. There were numbers of northerners. For most of the districts +the white registrars had to be imported. It is not saying much for the +negro members to say that they were much the more respectable part of the +boards of registration.[1313] Again it was stated that in order to secure +full registration, the compensation would be fixed at so much for each +voter--fifteen to forty cents, the price varying according to density of +population. Five to ten cents mileage was paid in order to enable the +registrars to hunt up voters. They were directed to inform the negroes +what their political rights were and how necessary it was for them to +exercise those rights. Voters were to be registered in each precinct, and +later, in order to register those missed the first time, the board was to +sit, after due notice, for three days at each county seat. Any kind of +interference with registration, by threats or by contracts depriving +laborers of pay, was to be punished by military commission. The right of +every voter under the acts of Congress to register and to vote was +guaranteed by the military. In case of disturbance the registrars were to +call upon the civil officials or upon the nearest military authorities. If +the former refused or failed to protect the registration, they were to be +punished by a military commission.[1314] May 1, Colonel James F. Meline +was appointed inspector of registration for the Third Military +District,[1315] and William H. Smith was appointed general supervisor for +Alabama.[1316] Boards of registration were authorized to report cases of +civil officials using their influence against reconstruction.[1317] When a +voter wished to remove from his precinct after registration, he was to be +given a certificate which would enable him to vote anywhere in the state. +If he should lose this certificate, his own affidavit before any civil or +military official would suffice to obtain a new certificate.[1318] + +On June 1, Pope issued pamphlets containing instructions to registrars +which were especially definite as to those former state officials who +should be excluded from registration. The list of those who were to be +disfranchised included every one who had ever been a state, county, or +town official and later aided the Confederacy;[1319] former members of the +United States Congress, former United States officials, civil and +military, members of state legislatures and of the convention of 1861; all +officials of state, counties, and towns during the war; and finally +judicial or administrative officials not named elsewhere.[1320] The +records fail to show that any officials were not excluded from +registration except the keepers of poorhouses, coroners, and health +officers. Instructions issued later practically repeated the first +instructions and added former officials of the Confederate States to the +list of disfranchised. The registrars were reminded to enforce the +disfranchising clauses of the acts both as to voters and candidates.[1321] + +The stringent regulations of Pope caused much bitter comment, and the +Washington administration was besought to revoke them. Complaints were +coming in from other districts, and on June 18, 1867, at a Cabinet +meeting, the questions in controversy were brought up point by point, and +the Cabinet passed its opinion on them. A strict interpretation of the +Reconstruction Acts was arrived at, which was much more favorable toward +the southern people. Stanton alone voted against all interpretation +favorable to the South. The interpretation of the acts thus obtained was +issued as a circular, the opinion of the Attorney-General, through the War +Department and sent to the district commanders on June 20.[1322] As soon +as Pope received a copy of the opinion of the Attorney-General he wrote to +Grant protesting against the enforcement of the opinion as an order, so +far as it related to registration. If enforced, his instructions to +registrars would have to be revoked. According to all rules of military +obedience, it was his duty to consider the instructions sent him through +the adjutant-general's office as binding, though in this case the +instructions were not in the technical form of an order, but he expressed +doubt if they were to be considered as an order to him. Grant telegraphed +to him to enforce his own construction of the acts until ordered to do +otherwise.[1323] + +In order to remove all doubt in the matter, Congress, in the act of July +19, 1867, sustained Pope's interpretation of the acts and made it law. The +construction placed upon the laws by the Cabinet was repudiated, and +officers acting under the Reconstruction Acts were not to consider +themselves bound by the opinion of any civil officer of the United +States.[1324] This was aimed at the Attorney-General and the Cabinet. The +law also gave the registrars full judicial powers to investigate the +records of those who applied for registration. Witnesses might be examined +touching the qualifications of voters. The boards were empowered to revise +the lists of voters and to add to or strike from it such names as they +thought ought to be added or removed. No pardon or amnesty by the +President was to avail to remove disability.[1325] + + +The Elections and the Convention + +After the passage of this law it was smooth sailing for Pope. Registration +went on with such success that on August 31 he was induced to order an +election to be held on October 1 to 4, for the choice of delegates to a +convention, and an apportionment of delegates among the various districts +was made at the same time. In the distribution the black counties were +favored at the expense of the white counties.[1326] + +The work of the registrars was thoroughly done. The negro enrolment was +enormous; the white enrolment was small. The registration of voters before +the elections was: whites, 61,295; blacks, 104,518; total, 165,813.[1327] +For the convention and for delegates 90,283 votes were cast. Of these +18,553 were those of whites, and 71,730 were negro votes. Against holding +a convention, 5583 white votes were cast, and 69,947 registered voters +failed to vote--37,159 whites and 32,788 blacks.[1328] The names of the +delegates chosen were published in general orders, and the convention was +ordered to meet in Montgomery on November 5.[1329] During the session of +the convention Pope took a rest from his labors and spent some time in +Montgomery. He was a great favorite with the reconstructionists and was +accorded special honors by the convention. But he did not think as highly +of reconstructionists as when he first assumed command, and the antics of +the "Black Crook" convention made him nervous. After a month's session he +was glad to see it disband.[1330] + +One of the last important acts of Pope's administration was to order an +election for February 4 and 5, 1868, when the constitution should be +submitted for ratification or rejection, and when by his advice candidates +for all offices were to be voted for. Two weeks beforehand the registrars +were to revise their lists, adding or striking off such names as they saw +fit. Polls were to be opened at such places as the board saw fit. Any +voter might vote in any place to which he had removed by making affidavit +before the board that he was registered and had not voted before.[1331] + + +Removal of Pope and Swayne + +Both Pope and Swayne had been charged with being desirous of representing +the states of the Third Military District in the United States Senate. +Pope had made himself obnoxious to the President, and the white people of +Alabama and Georgia were demanding his removal. So, on December 28, 1867, +an order was issued by the President, relieving Pope and placing General +Meade in command of the Third Military District. General Swayne was at the +same time ordered to rejoin his regiment,[1332] and a few days later his +place was taken by General Julius Hayden.[1333] The whites were greatly +relieved and much pleased by the removal of both Pope and Swayne. The +former had become obnoxious on account of the extreme measures he had +taken in carrying out the Reconstruction Acts, on account of his +irritating proclamations, his attitude toward the press, etc. General +Swayne had long enjoyed the confidence of the best men. His influence over +the negroes was supreme, and had been used to promote friendly relations +between the races. But as soon as the Reconstruction was taken charge of +by Congress and party lines were drawn, all his influence, personal and +official, was given to building up a Radical party in the state and to +securing the negroes for that party. He was high in the councils of the +Union League and controlled the conventions of the party. The change of +rulers is said to have had a tranquillizing effect on disturbed conditions +in Alabama.[1334] But the people of Alabama would have been pleased with +no human being as military governor invested with absolute power. + + +SEC. 2. THE ADMINISTRATION OF GENERAL MEADE + +Registration and Elections + +On January 6, 1868, General Meade arrived in Atlanta and assumed command +of the Third Military District.[1335] His first and most important duty +was to complete the military registration of voters, and hold the election +for ratification of the constitution and for the choice of officials under +it. Registration had been going on regularly since the summer of 1867, and +after the convention had adjourned there was a rush of whites to register +in order to defeat the constitution by refraining from voting on it. As +the time for the election drew near the friends of the Reconstruction, +much alarmed at the tactics of the Conservative party, brought pressure to +bear upon Grant, who suggested to Meade that an extension of time be made. +Consequently, the time for the election was extended from two to five days +in order to enable the remotest negro to be found and brought to the +polls. At the same time the number of voting places was limited to three +in each county,[1336] in order to lessen the influence of the whites over +the blacks. + +General Meade was opposed to holding the election for state officials at +the same time with that on ratification of the constitution. He thought it +would be difficult to secure the adoption of the constitution on account +of the proscriptive clauses in it, but in his opinion the +candidates[1337] nominated by the convention were even more obnoxious to +the people than the constitution, and many would refrain from voting on +that account. Swayne, who seems to have still been in Montgomery, admitted +the force of the objection, but Grant objected to any change until too +late to make other arrangements.[1338] + +[Illustration: REGISTRATION OF VOTERS UNDER RECONSTRUCTION ACTS, 1867.] + +The election took place on February 1 to 5, and passed off without any +disorder. Meade reported that the charges of fraud made by the Radicals +were groundless, and that the constitution had been defeated on its +merits, or rather demerits. Both the constitution and the candidates were +obnoxious to a large number of the friends of Reconstruction. He reported +that the constitution failed of ratification by 13,550 votes, and advised +that the convention assemble again, revise the constitution of its +proscriptive features, and again submit to it the people.[1339] + + +Administration of Civil Affairs + +Pending the decision of the Alabama question by Congress, Meade carried on +the military government as usual. He thoroughly understood that his power +was unlimited. No more than Pope did he allow the civil government to +stand in the way. There was, however, a vast difference in the +administrations of the two men. Meade was less given to issuing +proclamations, but was firmer and more strict, and less arbitrary. He was +not under the influence of the Radical politicians in the slightest +degree, and was abused by both sides, especially by the Radical +adventurers. It was a thankless task, for which he had no liking, but his +duty was done in a soldierly manner, and his administration was probably +the best that was possible. + +He made it clear to the civil authorities that he was the source of all +power, and that they were responsible to him and must obey all orders +coming from him. If they refused, he promised trial by a military +commission, fine, and imprisonment. They must under no circumstances +interfere, under color of state authority, with the military +administration. He had no admiration for the "loyal" element; and when a +bill was before Congress providing that the officials of the civil +government be required to take the "iron-clad" test oath or vacate their +offices, he made a strong protest and declared that he could not fill half +the offices with men who could take the test oath.[1340] After the +February elections political influence was brought to bear to force Meade +to vacate the offices of the civil government and to appoint certain +individuals of the proper political beliefs. The persons voted for in the +elections were clamorous for their places. Grant suggested that when +appointments were made, the men recently voted for be put in. Meade +resisted the pressure and made few changes, and these only after +investigation. Removals were made for neglect of duty, malfeasance in +office, refusing to obey orders, and "obstructing Reconstruction." Many +appointments were made on account of the deaths or resignations of the +civil officials.[1341] Few of the officials appointed by him could take +the test oath, and he was much abused by the Radicals for saying that it +would be impossible to fill half the offices with men who could take the +oath. He was constantly besought to supersede the civil authority +altogether and rule only through the army. In this connection, he reported +that he was greatly embarrassed by the want of judgment and of knowledge +on the part of his subordinates, and by the great desire of those who +expected to profit from military intervention. So he issued an order +informing the civil officials that as long as they performed their duties +they would not be interfered with. The army officials were informed that +they should in no case interfere with the civil administration before +obtaining the consent of Meade; that the military was to act in +subordination to and in aid of the civil authority;[1342] and that no +soldiers or other persons were to be tried in court for acts done by +military authority or for having charge of abandoned land or other +property.[1343] + +There was much disorder by thieves and roughs on the river boats during +the spring of 1868. To facilitate trials of these lawbreakers, Meade +directed that they be arrested and tried in any county in the state where +found, before any tribunal having jurisdiction of such offences.[1344] + +The courts were not interfered with as under Pope's rule. The judges +continued to have white jurors chosen, and the army officers, as a rule, +approved. In one case, however, in Calhoun County, there was trouble. One +Lieutenant Charles T. Johnson, Fifteenth Infantry, attended the court +presided over by Judge B. T. Pope. He found that no negroes were on the +jury, and demanded that the judge order a mixed jury to be chosen. The +judge declined to comply, and Johnson at once arrested him. Johnson found +that the clerk of the court did not agree with him, and he arrested the +clerk also. Pope was placed in jail until released by Meade.[1345] The +conduct of Johnson was condemned in the strongest terms by Meade, who +ordered him to be court-martialed. A general order was published reciting +the facts of the case and expressing the severest censure of the conduct +of Johnson. Meade informed the public generally that even had Judge Pope +violated previous orders, Johnson had nothing to do in the case except to +report to headquarters. Moreover, Johnson was wrong in holding that all +juries had to be composed partly of blacks. This order stopped +interference with the courts in Alabama.[1346] + +Meade did not approve of Pope's policy toward newspapers, and on February +2, 1868, he issued an order modifying General Order No. 49 on the ground +that it had in its operations proved embarrassing. In the future, public +printing was to be denied to such papers only as might attempt to +intimidate civil officials by threats of violence or prosecution, as soon +as the troops were withdrawn, for acts performed in their official +capacity. However, if there was but one paper in the county, then it was +to have the county printing regardless of its editorial opinions. +"Opposition to reconstruction, when conducted in a legitimate manner, is," +the order stated, "not to be considered an offence." Violent and +incendiary articles, however, were to be considered illegal,[1347] and +newspapers were warned to keep within the bounds of legitimate discussion. +The Ku Klux movement, especially after it was seen that Congress was going +to admit the state, notwithstanding the defeat of the constitution, gave +Meade some trouble. Its notices were published in various papers, and +Meade issued an order prohibiting this custom. The army officers were +ordered to arrest and try offenders. Only one editor came to grief. Ryland +Randolph, the editor of the _Independent Monitor_, of Tuscaloosa, was +arrested by General Shepherd and his paper suppressed for a short +time.[1348] + +General Meade was no negrophile, and hence under him there were no more +long oration orders on the rights of "that large class of citizens +heretofore excluded from the suffrage." He set himself resolutely against +all attempts to stir up strife between the races, and quietly reported at +the time, and again a year later, that the stories of violence and +intimidation, which Congress accepted without question, were without +foundation. He ordered that in the state institutions for the deaf, dumb, +blind, and insane, the blacks should have the same privileges as the +whites. The law of the state allowed to the sheriffs for subsistence of +prisoners, fifty cents a day for white and forty cents a day for negro +prisoners. Meade ordered that the fees be the same for both races, and +that the same fare and accommodations be given to both. Swayne had +abolished the chain-gang system the year before, because it chiefly +affected negro offenders. Meade gave the civil authorities permission to +restore it.[1349] + +The convention had passed ordinances which amounted to stay laws for the +relief of debtors. In order to secure support for the constitution, it was +provided that these ordinances were to go into effect with the +constitution. Complaint was made that creditors were oppressing their +debtors in order to secure payment before the stay laws should go into +effect. Though opposed in principle to such laws, Meade considered that +under the circumstances some relief was needed. The price of cotton was +low, and the forced sales were ruinous to the debtors and of little +benefit to the creditors. Therefore, in January, he declared the +ordinances in force to continue, unless the constitution should be +adopted. A later order, in May, declared that the ordinances would be +considered in force until revoked by himself.[1350] + + +Trials by Military Commissions + +When the ghostly night riders of the Ku Klux Klan began to frighten the +carpet-baggers and the negroes, Meade directed all officials, civil and +military, to organize patrols to break up the secret organizations. Civil +officials neglecting to do so were held to be guilty of disobedience of +orders. Where army officers raised _posses_ to aid in maintaining the +peace, the expenses were charged to the counties or towns where the +disturbances occurred.[1351] + +Nearly all prisoners arrested by the military authorities were turned over +to the civil courts for trial. Military commissions were frequently in +session to try cases when it was believed the civil authorities would be +influenced by local considerations. The following list of such trials is +complete: H. K. Quillan of Lee County and Langdon Ellis, justice of the +peace of Chambers County, were tried for "obstructing reconstruction" and +were acquitted; Richard Hall of Hale County, tried for assault, was +acquitted;[1352] Joseph B. F. Hill, William Pettigrew, T. W. Roberts, and +James Steele of Greene County were sentenced to hard labor for five years, +for "whipping a hog thief, and threatening to ride him on a rail";[1353] +Samuel W. Dunlap, William Pierce, Charles Coleman, and John Kelley, +implicated in the same case, were fined $500 each, and sentenced to one +year's imprisonment; Frank H. Munday, Hugh L. White, John Cullen, and +Samuel Strayhorn, charged with the same offence, were each fined $500, and +sentenced to hard labor for two years;[1354] Ryland Randolph, editor of +the _Monitor_, was tried for "obstructing reconstruction" in his paper and +for nearly killing a negro, and was acquitted. During the trial Busteed +granted a writ of _habeas corpus_, and Meade and Grant both were prepared +to submit to the decision of the court, but Randolph wanted the military +trial to go on.[1355] + +Meade was much irritated by the careless conduct of officers in reporting +cases for trial by military courts which were unable to stand the test of +examination. After frequent failures to substantiate charges in cases +sent up for trial, orders were issued that subordinate officials must +exercise the greatest caution and care in preferring charges, and in all +cases must state the reasons why the civil authorities could not act. +Sworn statements of witnesses must accompany the charges, and the accused +must be given an opportunity to forward evidence in his favor.[1356] + + +The Soldiers and the Citizens + +The troops in the state during 1867 and 1868, though sadly demoralized as +to discipline, gave the people little trouble except in the vicinity of +the military posts. The records of the courts-martial show that the +negroes were the greatest sufferers from the outrages of the common +soldiers. The whites were irritated chiefly by the arrogant conduct of a +few of the post commanders and their subordinates. At Mount Vernon, +Frederick B. Shepard, an old man, was arrested and carried before Captain +Morris Schoff, who shot the unarmed prisoner as soon as he appeared. For +this murder Schoff was court-martialed and imprisoned for ten years.[1357] +Johnson, the officer who arrested Judge Pope, was cordially hated in +middle Alabama. He arrested a negro who refused to vote for the +constitution; in a quarrel he took the crutch of a cripple and struck him +over the head with it; hung two large United States flags over the +sidewalk of the main street in Tuscaloosa, and when the schoolgirls +avoided walking under them, it being well understood that Johnson had +placed them there to annoy the women, he stationed soldiers with bayonets +to force the girls to pass under the flags. For his various misdeeds he +was court-martialed by Meade.[1358] + +Most of the soldiers had no love for the negroes, carpet-baggers, and +scalawags, and at a Radical meeting in Montgomery, the soldiers on duty at +the capitol gave three groans for Grant, and three cheers for McClellan +and Johnson. For this conduct they were strongly censured by Major Hartz +and General Shepherd, their commanders.[1359] + +The soldiers sent to Hale County knocked a carpet-bag Bureau agent on the +head, ducked a white teacher of a negro school in the creek, and cuffed +the negroes about generally.[1360] + + +From Martial Law to Carpet-bag Rule + +The act providing for the admission of Alabama in spite of the defeat of +the constitution was passed June 25, 1868.[1361] Three days later Grant +ordered Meade to appoint as provisional governor and lieutenant-governor +those voted for[1362] in the February elections, and to remove the present +incumbents.[1363] So Smith and Applegate were appointed as governor and +lieutenant-governor, their appointments to take effect on July 13, 1868, +on which date the legislature said to have been elected in February was +ordered to meet.[1364] + +Until the state should comply with the requirements of the Reconstruction +Acts all government and all officials were to be considered as provisional +only. The governor was ordered to organize both houses of the legislature, +and before proceeding to business beyond organization each house was +required to purge itself of any members who were disqualified by the +Fourteenth Amendment.[1365] + +A few days later, Congress having admitted the state to representation, +Meade ordered all civil officials holding under the provisional civil +government to yield to their duly elected successors. The military +commander in Alabama was directed to transfer all property and papers +pertaining to the government of the state to the proper civil authorities +and for the future to abstain from any interference or control over civil +affairs. Prisoners held for offences against the civil law were ordered to +be delivered to state officials.[1366] This was, in theory, the end of +military government in Alabama, though, in fact, the army retired into the +background, to remain for six years longer the support and mainstay of +the so-called civil government.[1367] + +The rule of the army had been intensely galling to the people, but it was +infinitely preferable to the régime which followed, and there was general +regret when the army gave way to the carpet-bag government. In January, +1868, a day of fasting and prayer was observed for the deliverance of the +state from the rule of the negro and the alien. + + + + +CHAPTER XIII + +THE CAMPAIGN OF 1867 + + +Attitude of the Whites + +In the preceding chapter the part of the army in executing the +Reconstruction Acts has been set forth. In the three succeeding chapters I +shall sketch the political conditions in the state during the same period. +The people of Alabama had, for several months before March, 1867, foreseen +the failure of the President's attempt at Reconstruction. The "Military +Reconstruction Bill" was no worse than was expected; if liberally +construed, it was even better than was expected. And there was a +possibility that Reconstruction under these acts might be delayed and +finally defeated. Though President Johnson was said to be hopeful of +better times, the people of Alabama were decided that no good would come +from longer resistance. A northern observer stated that they were so +fearfully impoverished, so completely demoralized, by the break-up of +society after the war, that they hardly comprehended what was left to +them, what was required of them, or what would become of them. Still, they +had a clear conviction that Johnson could do no more for them. Every one, +except the negroes, was too much absorbed in the struggle for existence to +pay much attention to politics. The whites seemed generally willing to do +what was required of them, or rather to let affairs take their own course +and trust that all would go well. They had given up hope of an early +restoration of the Union, but the Radicals, they thought, could not rule +forever.[1368] + +On March 19, 1867, Governor Patton published an address advising +acquiescence in the plan of Congress. He had all along been opposed to +Radical Reconstruction, but he now saw that it could not be avoided and +wished to make the best of it. He said that a few thousand good men would +be disfranchised, but that there were other good men and from these a +wise and patriotic convention could be chosen. He advised that negro +suffrage be accepted as a settled fact, with no ill feeling against the +freedmen; that antagonism between the races should be discouraged, and +that no effort be made to control the votes of the blacks.[1369] More +consideration, Patton thought, should have been given to Congress as the +controlling power; antagonism to Congress had caused infinite mischief. It +was folly, he added, to expect more favorable terms, and further +opposition might cause harsher conditions to be imposed.[1370] + +Other prominent men advised the people to accept the plan of Congress and +to participate in the Reconstruction. Nearly all the leading papers of the +state, in order to make the best of a bad situation, now supported +congressional Reconstruction. Consequently, when General Pope arrived in +April, the people were ready to accept the situation in good faith, and +desired that he should make a speedy registration of the voters and end +the agitation.[1371] Even at this late date the southern people seem not +to have foreseen the inevitable results of this revolution in +government.[1372] + + +The Organization of the Radical Party + +While a large number of the influential men of the state were ready to +accept the situation, "not because we approve the policy of the +reconstruction laws, but because it is the best we can do," and while a +larger number were more or less indifferent, there were many who were +opposed to Reconstruction on any such terms, preferring a continuance of +the military government until passions were calmer and a more liberal +policy proposed. There was, however, no organized opposition to +Reconstruction for two months or more, and even then it was rendered +possible only by the arbitrary conduct of General Pope and the violent +agitation carried on among the negroes by the Radical faction. For several +months, in the white counties of north Alabama the so-called "loyal" +people, reënforced by numbers of the old "Peace Society" men, had been +holding meetings looking toward organization in order to secure the fruits +of Reconstruction. These meetings were continued, and by them it was +declared that the people of Alabama were in favor of Reconstruction by the +Sherman Bill, to which only the original secession leaders were opposed, +and the Sherman plan, negro suffrage and all, was indorsed as a proper +punishment for the planters.[1373] After the beginning of congressional +Reconstruction, however, the centre of gravity in the Radical party +shifted to the Black Belt, and no one any longer paid serious attention +to the few thousand "loyal" whites in north Alabama. The first negro +meetings held were in the larger towns, Selma leading with a large +convention of colored "Unionists," who, under the guidance of a few white +officers of the Freedmen's Bureau, declared in favor of military +Reconstruction.[1374] The Montgomery reconstructionists held a meeting in +the capitol "in which whites and blacks fraternized." The meeting was +addressed by several "rebel" officers: A. C. Felder, ---- Doster, and H. +C. Semple, and by General Swayne and John C. Keffer from the north. +General Swayne and Governor Patton served as vice-presidents. The blacks +were eulogized and declared capable of political equality; and it was +urged that only those men in favor of military Reconstruction should be +supported for office.[1375] In Mobile, a meeting held on April 17 resolved +that "everlasting thanks" were due to Congress for its wisdom in passing +the Reconstruction Acts. Both whites and negroes spoke in favor of the +rights of the negro to hold office, sit on juries, and ride in the same +cars and eat at the same tables with whites. The prejudices of the whites, +they declared, must give way. At a meeting of negroes only the next day +one of the speakers made a distinction between political and social +rights. He said that the latter would come in time but that the former +must be had at once; they were defined as the right to ride in street cars +with the whites, in first-class cars on the railroad, to have the best +staterooms on the boats, to sit at public tables with whites, and to go to +the hotel tables "when the first bell rang." What social rights were he +did not explain. Negroes attended these meetings armed with clubs, +pistols, muskets, and shotguns, most of which, of course, would not shoot; +but several hundred shots were fired, much to the alarm of the near-by +dwellers.[1376] + +To counteract the effect of these meetings, the "moderate" +reconstructionists held a meeting in Mobile, April 19, presided over by +General Withers, the mayor of the city. Several influential citizens and +also a number of colored men were vice-presidents. Judge Busteed, a +"moderate" Radical, spoke, urging all to take part in the Reconstruction +and not leave it to the ignorant and vicious. Resolutions were passed to +the effect that the blacks would be accorded every legal right and +privilege. The "moderate" spirit of Pope was commended, and coöperation +was promised him. All were urged to register and vote for delegates to the +convention.[1377] + +A state convention of negroes was called by white Radical politicians to +meet in Mobile on May 1, and in all of the large towns of the state +meetings to elect delegates were held under the guidance of the Union +League. The delegates came straggling in, and on May 2 and 3 the +convention was held. It at once declared itself "Radical," and condemned +the efforts of their oppressors who would use unfair and foul means to +prevent their consolidation with the Radical party. Swayne and Pope were +indorsed, a standing army was asked for to protect negroes in their +political rights, and demand was made for schools, to be supported by a +property tax. Violations of the Civil Rights Bill should be tried by +military commission, and the Union League was established in every county. +Finally, the convention resolved that it was the undeniable right of the +negro to hold office, sit on juries, ride in any public conveyances, sit +at public tables, and visit places of public amusement.[1378] + +The Alabama Grand Council of the Union League, the machine of the Radicals +in Alabama,[1379] met in April and formulated the principles upon which +the campaign was to be conducted. Congress was thanked for putting the +reorganization of the state into the hands of "Union" men; the return to +the principle that "all men are created equal" and its application to a +"faithful and patriotic class of our fellow-men" was hailed with joy; any +settlement which denied the ballot to the negro could not stand, they +asserted; and "while we believe that rebellion is the highest crime known +to the law, and that those guilty of it hold their continued existence +solely by the clemency of an outraged but merciful government, we are +nevertheless willing to imitate that government in forgiveness of the +past, and to reclaim to the Republican Union party all who, forsaking +entirely the principles on which the rebellion was founded, will sincerely +and earnestly unite with us in establishing and maintaining for the future +a government of equal rights and unconditional loyalty;" "we consider +willingness to elevate to power the men who preserved unswerving adherence +to the government during the war as the best test of sincerity in +professions for the future;" and "if the pacification now proposed by +Congress be not accepted in good faith by those who staked and forfeited +their lives, their fortunes, and their sacred honor, in rebellion, then it +will be the duty of Congress to enforce that forfeiture, by the +confiscation of the lands at least of such a stiff-necked and rebellious +people;" "the assertion that there are not enough intelligent and loyal +men in Alabama to administer the government is false in fact, and mainly +promulgated by those who aim to keep treason respectable by retaining +power in the hands of its friends and votaries."[1380] This was a +declaration of principles to which self-respecting whites could hardly be +expected to subscribe. That was the very reason for its proclamation. The +Radical leaders in control of the machinery of the Union League began to +discourage the accession of whites to the party. The negro vote was to be +their support, and not too many whites were desired at the division of +spoils.[1381] Other causes conspired to drive the respectable people from +the ranks of the reconstructionists. Prominent politicians were sent into +the state to tell the negro that, having received his freedom from the +Republican party, to it his vote was due. Senator Henry Wilson of +Massachusetts made a bitter speech against the southern whites at the +capitol in Montgomery. The negroes were informed that the Republican party +was entitled to their votes, and the whites were asked to join them, as +subordinates perhaps.[1382] This speech was delivered on May 11, and from +this date may be traced the organized opposition to Reconstruction. +General James H. Clanton[1383] replied to Wilson, maintaining that the +southern white was the real friend of the negro and declaring in favor of +full political and educational rights for the negro, while asserting that +Wilson's plan would result in a black man's party, controlled by +aliens.[1384] This speech of Clanton's had the effect of rousing the +people to organized resistance against the plans of the Radicals. + +On May 14, Judge "Pig Iron" Kelly of Pennsylvania spoke in Mobile to an +audience of one hundred respectable whites and two thousand negroes, the +latter armed. His language toward the whites was violent and insulting, an +invitation for trouble, which inflamed both races. A riot ensued for which +he was almost solely to blame.[1385] Several whites were killed or wounded +and one negro. From the guarded report of General Swayne it was evident +that the blame lay upon Kelly for exciting the negroes. It was a most +unfortunate affair at a critical period, and the people began to +understand the kind of control that would be exercised over the blacks by +alien politicians.[1386] + +In May the _Alabama Sentinel_, a short-lived reconstructionist newspaper +in Montgomery, assisted by a negro mass-meeting, nominated Grant for the +presidency and Busteed for vice-president. The platform demanded that the +negro have his rights at once or upon his oppressors must fall the +consequences. The Republican party was indorsed as the negro party, the +only party that had done anything for the negro.[1387] + +When the registrars were appointed it was necessary, in order to get +competent men, to import both blacks and whites into some districts. The +whites were brought from north Alabama or sent out from the Bureau +contingents in the towns. They were members of the Union League, and it +was a part of their duty to spread that organization among the negroes of +the Black Belt, thus carrying out that part of their instructions which +directed them to instruct the negroes in their rights and +privileges.[1388] The Radical organization steadily progressed, but even +thus early two tendencies or lines of policy appeared which were to weaken +the Radicals and later to render possible their overthrow. The native +white reconstructionists, living mostly in the white counties, wanted a +reconstruction in which they (the native "unionists") should be the +controlling element. They were in favor of negro suffrage as a necessary +part of the scheme and because it would not directly interfere with them, +as the negro was supposed to be content with voting. These white +"scalawags" were thus to gather the fruits of reconstruction. But the +"carpet-baggers," or the alien-bureau-missionary element, having worked +among the negroes and learned their power over them, intended to use the +negroes to secure office and power for themselves. They were less +prejudiced against the negroes than were the "scalawags" and were willing +to associate with them more intimately and to give them small offices when +there were not enough carpet-baggers to take them. It was soon discovered +that the native white "unionist" and the black "Unionist," like oil and +water, would not mingle. However, all united temporarily to gain the +victory for reconstruction, each faction hoping to be the greater gainer. + +On June 4, 1867, a "Union Republican Convention" met in Montgomery, and at +the same time the Union League held its convention. The Union League was +merely a select portion of the Union Republican Convention and met at +night to slate matters for the use of the convention next day. F. W. Sykes +of Lawrence County[1389] was chairman _pro tem._, and William H. Smith of +Randolph County was permanent chairman.[1390] The delegates to the +convention consisted of a large number of office-seekers, "union" men, +deserters, "scalawags," ex-Union army officers, and employees of the +Freedmen's Bureau, and negroes.[1391] There were one hundred negroes and +fifty whites. The negroes sat on one side of the house and the whites on +the other, but the committees were divided equally by color. The committee +on permanent organization consisted of "three Yankees," four "palefaces," +and six negroes, who nominated several negroes and Bureau men for +officials.[1392] The _Mail_ said that the negroes presented a better +appearance than the whites, that they were cleaner and better dressed. +General Swayne took a prominent part in the proceedings, and with Smith +and the negroes voted out Busteed.[1393] Griffin (of Ohio) from Mobile +offered a resolution dictated by Swayne, declaring that the recent +opinions of the Attorney-General upon the registration of votes were +dangerous to the restoration of the Union according to the plan of +Congress.[1394] The proceedings were turbulent, there was much angry +discussion, and the meeting ended in a fight after having indorsed the +Radical programme and declaring against the United States cotton tax and +the state poll tax,[1395] and agreeing to support only "union" or "loyal" +men for office.[1396] + + +Conservative Opposition Aroused + +Though the leaders complained of the "appalling apathy of the whites in +political matters,"[1397] a change was coming. The teachings of the +Radicals were beginning to have effect on the negroes, some of whom were +becoming hostile to the whites and were resisting the white officers of +the civil government. Their old belief in "forty acres of land and a mule" +was revived by the speeches of Thaddeus Stevens, which were widely +circulated by the agents of the Union League, who were sent through the +country to distribute the speeches and to organize the movement resulting +from it. Many of the whites now began to believe that at last confiscation +would be enforced and that the negroes and low whites of the Union League +would become the landowners.[1398] Clanton had been at work for two +months, and on July 23, as chairman of the state committee of the +Conservative party, called a convention of that party to meet in +Montgomery on September 4.[1399] Meetings of the Conservative party were +held in the larger towns. A slight hope was entertained that the whites +might be able, by uniting, to obtain some representation in the +convention. At a meeting in Montgomery, in August, Joseph Hodgson[1400] +urged the people to take action and save the state from +"Brownlowism,"[1401] as the worst results were to be feared from inaction; +the enemies of the Conservatives were making every effort to control the +constitutional convention; the Conservatives were in favor of conceding +every legitimate result of the war and were willing to grant suffrage to +the negro by state action--the only legitimate way; at the same time the +negro must assist in guaranteeing universal amnesty. The negroes were +asked by the speaker to reflect and to learn for what purpose the Radical +leaders were using them. The best people of the state, he said, and not +the worst, ought to reconstruct the state under the Sherman law.[1402] + +Although strenuous efforts were made to secure a large attendance at the +Conservative convention in September, there were only thirteen of the +sixty-two counties represented. General M. J. Bulger was chosen to +preside. Resolutions were adopted asserting the old constitutional view of +the Federal government and declaring that the present state of affairs was +destructive of federal government, in which each state had the absolute +right to regulate the suffrage. An appeal was made to the negroes not to +follow the counsels of bad men and designing strangers. The convention +favored the education of the negro so as to fit him for his moral and +political responsibilities.[1403] + +About the time of the meeting of the Conservative convention an event +occurred which showed the results of the teachings of the Radical leaders. +A plan was formed by the more violent blacks to prevent the meeting of the +Conservatives. Some of the more sensible negroes used their influence as a +"Special Committee on the Situation" to prevent the attempt to break up +the convention, and L. J. Williams, a prominent negro politician, was the +chairman of the committee. The white Radicals did nothing to prevent +violence. Later a negro Conservative speaker was mobbed by the negroes and +was rescued only by the aid of General Clanton. Other negroes who sided +with the whites were expelled from their churches.[1404] + +The registrars continued to instruct "that part of the population which +has heretofore been denied the right of suffrage" in the mysteries of +citizenship or membership in the Union League. By the time of the election +they were so effectively instructed that they were sure to vote as they +were told by the League leaders. Nearly all of the respectable white +members of the League in the Black Belt had fallen away, and but few +remained in the white counties. Governor Patton yielded to Radical +pressure, wrote Reconstruction letters, appeared at Reconstruction +meetings, and deferred much to Pope and Swayne. He was harshly criticised +by the Conservatives for pursuing such a course. + + +The Elections; the Negro's First Vote + +The elections, early in October, were the most remarkable in the history +of the state. For the first time the late slaves were to vote, while many +of their former masters could not. Of the 65 counties in Alabama, 22 had +negro majorities (according to the registration) and had 52 delegates of +the 100 total, and in nearly all of the others the negro minority held the +balance of power.[1405] To control the negro vote the Radicals devoted all +the machinery of registration and election, of the Union League, and of +the Freedmen's Bureau. The chiefs of the League sent agents to the +plantation negroes, who were showing some indifference to politics, with +strict orders to go and vote. They were told that if they did not vote +they would be reënslaved and their wives made to work the roads and quit +wearing hoopskirts.[1406] In Montgomery County, the day before election, +the Radical agents went through the county, summoning the blacks to come +and vote, saying that Swayne had ordered it and would punish them if they +did not obey. The negroes came into the city by thousands in regularly +organized bodies, under arms and led by the League politicians, and camped +about the city waiting for the time to vote. The danger of outbreak was so +great that the soldiers disarmed them. They did not know, most of them, +what voting was. For what or for whom they were voting they knew +not,--they were simply obeying the orders of their Bureau chiefs.[1407] +Likewise, at Clayton, the negroes were driven to town and camped the day +before the election began. There was firing of guns all night. Early the +next morning the local leaders formed the negroes into companies and +regiments and marched them, armed with shotguns, muskets, pistols, and +knives, to the court-house, where the only polling place for the county +was situated. The first day there were about three thousand of them, of +all ages from fifteen to eighty years of age, and no whites were allowed +to approach the sacred voting place. When drawn up in line, each man was +given a ticket by the League representatives, and no negro was allowed to +break ranks until all were safely corralled in the court-house square. +Many of the negroes had changed their names since they were registered, +and their new ones were not on the books, but none lost a vote on that +account.[1408] + +In Marengo County the Bureau and Loyal League officers lined up the +negroes early in the morning and saw that each man was supplied with the +proper ticket. Then the command, "Forward, March!" was given, the line +filed past the polling place, and each negro deposited his ballot. About +twelve o'clock a bugle blew as a signal to repeat the operation, and all +the negroes present, including most of those who had voted in the morning, +lined up, received tickets, and voted again. Late in the afternoon the +farce was gone through the third time. Any one voted who pleased and as +often as he pleased.[1409] + +In Dallas County the negroes were told that if they failed to vote they +would be fined $50. The negroes at the polls were lined up and given +tickets, which they were told to let no one see. However, in some cases +the Conservatives had also given tickets to negroes, and a careful +inspection was made in order to prevent the casting of such ballots. The +average negro is said to have voted once for himself and once "for Jim who +couldn't come." The registration lists were not referred to except when a +white man offered to vote. Most of the negroes had strange ideas of what +voting meant. It meant freedom, for one thing, if they voted the Radical +ticket, and slavery if they did not. One negro at Selma held up a blue +(Conservative) ticket and cried out, "No land! no mules! no votes! slavery +again!" Then holding up a red (Radical) ticket he shouted, "Forty acres of +land! a mule! freedom! votes! equal of white man!" Of course he voted the +red ticket. Numbers of them brought halters for their mules or sacks "to +put it in." Some country negroes were given red tickets and told that they +must not be persuaded to part with them, as each ticket was good for a +piece of land. The poor negroes did not understand this figurative +language and put the precious red tickets in their pockets and hurried +home to locate the land. Another darky was given a ticket and told to +vote--to put the ballot in the box. "Is dat votin'?" "Yes." "Nuttin' more, +master?" "No." "I thought votin' was gittin' sumfin." He went home in +disgust. The legend of "lands and mules" was revived during the fall and +winter of 1867-1868, and many negroes were expecting a division of +property. By this time they were beginning to feel that it was the fault +of their leaders that the division did not take place, and there were +threats against those who had made promises. However, the sellers of +painted sticks again thrived--perhaps they had never ceased to +thrive.[1410] General Swayne reported about this time that the giving of +the ballot to the negro had greatly improved his condition.[1411] + +The election went overwhelmingly for the convention and for the Radical +candidates. The revision of the voting lists before election struck off +the names of many "improper" whites and placed none on the list; with the +negroes the reverse was true. The whites had no hope of carrying the +elections in most of the counties, and as the negroes were intensely +excited, and as trouble was sure to follow in case the whites endeavored +to vote or to control the negro vote, most of the Conservatives refrained +from voting. Even at this time a large number of people were unable to +believe seriously that the negro voting had come to stay. To them it +seemed something absurd and almost ridiculous except for the ill feelings +aroused among the negroes. Such a state of affairs could not last long, +they thought. Two Conservative delegates and ninety-eight Radical +delegates were elected to the convention.[1412] + + + + +CHAPTER XIV + +THE "RECONSTRUCTION" CONVENTION + + +Character of the Convention + +The delegates elected to the convention were a motley crew--white, yellow, +and black--of northern men, Bureau officers, "loyalists," "rebels," who +had aided the Confederacy and now perjured themselves by taking the oath, +Confederate deserters, and negroes.[1413] The Freedmen's Bureau furnished +eighteen or more of the one hundred members. There were eighteen +blacks.[1414] Thirteen more of the members had certified, as registrars, +to their own election and with six other members had certified to the +election of thirty-one, nineteen of whom were on the board of +registration. No pretence of residence was made by the northern men in the +counties from which they were elected. Several had never seen the counties +they represented, a slate being made up in Montgomery and sent to remote +districts to be voted for. Of these northern men, or foreigners, there +were thirty-seven or thirty-eight, from Maine, Massachusetts, Connecticut, +Vermont, New York, Pennsylvania, Ohio, Iowa, New Jersey, Illinois, +Ireland, Canada, and Scotland.[1415] The native whites were for the most +part utterly unknown and had but little share in the proceedings of the +convention.[1416] Of the negro members two could write well and were +fairly well educated, half could not write a word, and the others had been +taught to sign their names and that was all. There were many negroes who +could read and write, but they were not sent to the convention. Perhaps +the carpet-baggers feared trouble from them and wanted only those whom +they could easily control.[1417] + +Griffin of Ohio was appointed temporary chairman, and on the motion of +Keffer of Pennsylvania, Robert Barbour of New York was made temporary +secretary and later permanent secretary. Keffer nominated Peck, a New +Yorker who had resided for some years in Alabama, for president of the +convention, and he was unanimously elected.[1418] There were several negro +clerks in the convention. The disgusted Conservatives designated the +aggregation by various epithets, such as "The Unconstitutional +Convention," "Pope's Convention," "Swayne's World-renowned Menagerie," +"The Circus," "Black and Tan," "Black Crook," etc. The last, which was +probably given by the New York _Herald_ correspondent, seems to have been +the favorite name. The white people still persisted in looking upon the +whole affair as a more or less irritating joke. + +The carpet-baggers intended that the convention should be purged of +"improper" persons, and one of them proposed that the test oath be taken. +This aroused opposition on the part of the ex-"rebels," who did not care +to perjure themselves more than was necessary. Coon of Iowa then proposed +a simple oath to support the Constitution, which after some wrangling was +taken.[1419] Caraway, a negro, wanted no chaplain to officiate in the +convention who had not remained loyal to the United States. Skinner of +Franklin said: "Let none offer prayer who are rebels and who have not +fought under the stars and stripes." This was to prevent such reverend +members of the convention as Deal of Dale from officiating. Finally, the +president was empowered to appoint the chaplain daily. A colored chaplain +was called upon once in a while, and one of them invoked the blessings of +God on "Unioners and cusses on rebels."[1420] + +Another way of showing the loyalty of the body was by directing a +committee to bring in an ordinance changing the names of the counties +"named in honor of rebellion and in glorification of traitors." Keffer of +Pennsylvania was the author of this resolution. Steed of Cleburne wanted +the name of his county changed to Lincoln, and Simmons of Colbert wanted +his county to be named Brownlow. The test votes on such questions were +about 55 to 30 in favor of changing. Baine, Colbert, and Jones counties, +established by the "Johnson" government, were abolished.[1421] + +The president was directed to drape his chair with two "Federal" flags. +Generals Pope and Swayne, and Governor Patton, as friends of +Reconstruction, were invited to seats in the convention and were asked to +speak before the body. Pope was becoming somewhat nervous at the conduct +of the supreme rulers of the state and in his speech counselled moderation +and fairness. He also commended them for the "firmness and fearlessness +with which you have conducted the late campaigns," and congratulated them +upon "the success which has thus far crowned your efforts in the +pacification of this state and its restoration to the Union."[1422] The +most radical members of the convention were bringing pressure to bear to +force Pope to declare vacant at once all the offices of the provisional +government and fill them with reconstructionists. In this they were aided +by northern influence. Pope, however, refused to make the change, and thus +displeased the Radicals, who wanted offices at once.[1423] + +The first ordinance of the convention reconstructed Jones County, named +for a Confederate colonel, out of existence, and the second, third, and +fourth arranged for the pay of the convention. The president received $10 +a day and the members $8 each; the clerks from $6 to $8, and the pages +$4.[1424] The president and members received 40 cents as mileage for each +mile travelled. To cover these expenses an additional tax of 10 per cent +on taxes already assessed was levied. The comptroller refused to pay the +members until ordered by Pope. The latter hesitated to give the order, as +he doubted if he had the authority. However, he finally said that he would +order payment provided the compensation be fixed at reasonable rates, and +that the payments be not made before the convention completed its work. He +further added that the convention must be moderate in action; "I speak not +more for the interests of Alabama than for the interests of the political +party upon whose retention of power for several years to come the success +of Reconstruction depends." When Pope urged moderation, it is likely that +something serious was the matter. A proposition to reduce the pay of the +members from $8 to $6 per day was lost by a vote of 35 to 57. A few days +before the close of the convention, Pope ordered the payment of the _per +diem_ to the hungry delegates, many of whom refused to accept the state +obligations called "Patton money." They were told that it was receivable +for taxes, and one answered for all: "Oh, damn the taxes! We haven't got +any to pay."[1425] + + +The Race Question + +The colored delegates brought up the negro question in several forms. +First, Rapier of Canada wanted a declaration that negroes were entitled to +all the privileges and rights of citizenship in Alabama.[1426] Then +Strother of Dallas demanded that the negroes be empowered to collect pay +from those who held them in slavery, at the rate of $10 a month for +services rendered from January 1, 1863, the date of the Emancipation +Proclamation, to May 20, 1865. An ordinance to this effect was actually +adopted by a vote of 53 to 31.[1427] The scalawags, as a rule, wished to +prohibit intermarriage of the races, and Semple of Montgomery reported an +ordinance to that effect. He would prohibit intermarriage to the fourth +generation. The negroes and carpet-baggers united to vote this down, which +was done by a vote of 48 to 30. Caraway (negro) of Mobile wanted life +imprisonment for any white man marrying or living with a black woman, but +he said it was against the Civil Rights Bill to prohibit intermarriage. +This seems to have irritated the scalawags. Gregory (negro) of Mobile +wanted all regulations, laws, and customs wherein distinctions were made +on account of color or race to be abolished, and thus allow +intermarriages. The convention refused to adopt the report providing +against amalgamation.[1428] The Mobile negroes alone seem to have been +opposed to the prohibition of intermarriage. The convention of 1865 had +recognized the validity of all slave marriages and had ordered that they +be considered legal. During 1865 and 1866 the fickle negroes, male and +female, made various experiments with new partners, and the result was +that in 1867 thousands of negroes had forsaken the husband or wife of +slavery times and "taken up" with others. All sorts of prosecutions were +hanging over them, and an ordinance was passed for the relief of such +people. It directed that marriages were to date from November 30, 1867, +and not from 1865 or earlier. All who were living together in 1867 were to +be considered man and wife, and all prosecutions for former misconduct +were forbidden.[1429] + +Caraway (negro) of Mobile succeeded in having an ordinance passed +directing that church property used during slavery for colored +congregations be turned over to the latter.[1430] Some of this property +was paid for by negro slaves and held in trust for them by white trustees. +Most of it, however, belonged to the planters, who erected churches for +the use of their slaves. + +Not much was said about separate or mixed schools for the races. There was +a disposition on the part of the leaders to keep such questions in the +background for a time in order to prevent irritating discussions. A +proposition for separate schools was voted down on the ground that it was +better for the children of both races to go to school together and wear +off their prejudices. This was the carpet-baggers' view, but most of the +blacks finally voted against a measure providing for mixed schools, +because, they said, they did not want to send their children to school +with white children. The matter was hushed up and left unsettled.[1431] + +In spite of efforts to keep the question in the background, the social +equality of the negro race was demanded by one or two irrepressible +Mobile mulattoes, and a discussion was precipitated. The scalawags with +few exceptions were opposed to admitting negroes to the same privileges as +whites,--in theatres, churches, on railroads and boats, and at +hotels,--though they were willing to require equal but separate +accommodations for both races. Semple reported from his committee an +ordinance requiring equal and separate accommodations, but declared that +equality of civil rights was not affected by such a measure. By a vote of +32 to 46 this measure failed to pass.[1432] Griffin[1433] (white) of Ohio +briefly attacked Semple for proposing such an iniquitous measure. McLeod +(negro) said he did not exactly want social equality, and added "suppose +one of you white gentlemen want a negro in the same car with you. The +conductor would not allow it. This should be changed." Caraway (negro) +objected to having his wife travel in the coach with low and obscene white +men. Jim Green (negro) said it was a "common thing to put cullud folks in +de same cyar wid drunk and low white folks. We want nebber be subjic to no +sich disgrace," but wanted to be allowed to go among decent white people. +Gregory (negro) made some scathing observations at the expense of Semple +and his associates, who were hoping to make political use of the negro, +yet did not want to ride in the same car with him. How could the +delegates, he said, go home to their constituents, nineteen-twentieths of +whom were negroes, after voting against their enjoying the same rights as +the whites? Did Semple feel polluted by sitting by Finley, his colored +colleague? Why then should he object to sitting in the same car with him? +He (Gregory) was as good a man as Napoleon on his throne, and could not be +honored by sitting by a white man, but "in de ole worl de cullud folks +ride wid de whites" and so it should be here. Rapier (negro) of Canada +said that the manner in which colored gentlemen and ladies were treated in +America was beyond his comprehension. He (Rapier) had dined with lords in +his lifetime, and though he did not feel flattered by sitting by a white +man, yet he would vote for social equality. Some of the negroes feebly +opposed the agitation of the question on the ground that the civil and +political rights of the negro were not yet safe and should not be +endangered by the agitation of the social question. Griffin of Ohio and +Keffer of Pennsylvania supported the negroes in all their demands. The +carpet-baggers in general were in favor of social equality, but most of +them thought it much more important that the spoils be secured first. The +negroes were placated with numerous promises and by a special resolution +opening the galleries to "their ladies" and inviting the latter to be +present[1434] at the sessions of the convention. + + +Debates on Disfranchisement + +The debates on the question of suffrage were the most extended and showed +the most violent spirit on the part of most of the members. Dustan of Iowa +proposed that the new constitution should in no degree be proscriptive, +but his resolution was voted down by a vote of 30 to 51. Some of the +negroes voted for it.[1435] Rapier (negro) proposed that the convention +memorialize Congress to remove the political disabilities of those who +might aid in reconstruction according to the plan of Congress. This was +adopted and Griffin, the most radical member of the committee, was made +chairman to make merciful recommendations. Gardner of Massachusetts, +representing Butler County, said that there were persons in the state who +should have been tried and convicted of felony and would thus have been +disfranchised, but owing to fault of courts and juries they were not +convicted. He wanted a special commission to disfranchise such persons. +The majority report on the franchise[1436] called for the disfranchisement +of those who had mistreated Union prisoners, those who were disfranchised +by the Reconstruction Acts, and those who had registered under the acts +and had later refrained from voting. Such persons were not to be allowed +to vote, register, or hold office. An oath was to be taken repudiating +belief in the doctrine of secession, accepting the civil and political +equality of all men, and agreeing never to attempt to limit the suffrage. +"The only question is," they reported, "whether we have not been too +liberal." It was necessary that all who registered be forced to vote in +the election on pain of being disfranchised, in order to get a sufficient +number of voters to the polls, though the report stated that Congress was +not bound by the law of March 23 to reject the constitution if a majority +did not vote; the convention had the right to say that men must vote or be +disfranchised; as to the oath, any one who would refuse to take it had no +faith in American principles and was hostile to the Constitution and laws +of the United States.[1437] + +The minority report[1438] objected to going beyond the acts of Congress in +disfranchising whites. Lee (negro) said that such a course would endanger +the ratification of the constitution and if the negroes did not get their +rights now, they would never get them. He wanted his rights at the +court-house and at the polls and nothing more. Charity and moderation +would be better than proscription.[1439] Speed said that the measure would +disfranchise from 30,000 to 40,000 men beyond the acts of Congress.[1440] +Griffin of Ohio, speaking in favor of the majority report, said that "the +infernal rebels had acted like devils turned loose from hell," and that +his party could not stand against them in a fair political field; and +therefore proscription was necessary. Another advocate of sweeping +disfranchisement wanted all the leading whites disfranchised until 1875, +in order to prevent them from regaining control of the government.[1441] + +Numerous amendments were offered to the majority report. Haughey of +Scotland wanted to disfranchise all Confederates above the rank of +captain, and all who had held any civil office anywhere, or who had voted +for secession. A stringent test oath was to discover the disabilities of +would-be electors. Again, he wanted every elector to prove that on +November 1, 1867, he was a friend of the Reconstruction Acts. He would +have voters and office-holders swear to accept the civil and political +equality of all men, and to resist any change, and also swear that they +had never held office, aided the Confederacy, nor given aid or comfort to +Confederates.[1442] Nearly all the amendments included a provision forcing +the voter or office-holder to accept the political and civil equality of +all men, and to swear never to change. Springfield of St. Clair thought +that all who were opposed to Reconstruction should be disfranchised, and +Russell of Barbour, with Applegate of Wisconsin, held that all +Confederates should be disfranchised who had voluntarily aided the +Confederacy.[1443] + +D. H. Bingham of New York thought that voters should swear that on March +4, 1864, they preferred the United States government to the Confederacy, +and would have abandoned the latter had they had the opportunity.[1444] +Applegate thought that no citizen, officer, or editor who opposed +congressional Reconstruction ought to be permitted to vote before +1875.[1445] Silsby of Iowa would also exclude from the suffrage those who +had killed negroes during the last two years, who opposed Reconstruction, +or dissuaded others from attending the election.[1446] Garrison of Blount +wanted to disfranchise those who were in the convention of 1861 and voted +for secession, Confederate members of Congress who voted for the +conscription law, those disfranchised by the Reconstruction Acts, +Confederates above the rank of captain, and state and Confederate +officials of every kind above justice of the peace and bailiff.[1447] +Skinner of Franklin wanted to disfranchise enough rebels to hold the +balance of power. "We have the rod over their heads and intend to keep it +there."[1448] The most liberal amendments were proposed by Peters of +Lawrence, who would continue the disfranchisement made by Congress unless +the would-be voter would swear that he was in favor of congressional +Reconstruction. Rapier (negro) would have all disabilities removed by the +state as soon as they were removed by Congress.[1449] The price of pardon +in all ordinary cases was support of congressional Reconstruction. + +The debate lasted for four days, and it was all that Swayne could do to +prevent a division in the Radical party. An agent was sent to Washington +for instructions. The violent character of the proceedings of the +convention made the northern friends of Reconstruction nervous, and Horace +Greeley persuaded Senator Wilson to exert his influence to prevent the +adoption of extreme measures by the convention. Wilson wrote to Swayne +that the convention and especially such men as D. H. Bingham were doing +much harm to Reconstruction and to the Republican party. The northern +Republican press generally seemed afraid of the action of the convention, +and suggested more liberal measures. So we find Pope and Swayne advocating +moderation.[1450] Peck, the president of the convention, still spoke out +for the test oath and disfranchisement. It was necessary to secure the +fruits of Reconstruction, and the test oath would keep out many; but, he +said, if the old leaders, who were honorable men, should take the oath, +they would abide by it,[1451] and Reconstruction would then be safe. The +oath finally adopted, which had to be taken by all who would vote or hold +office, was the usual oath to support the Constitution and laws with the +following additions: "I accept the civil and political equality of all +men; and agree not to attempt to deprive any person or persons, on account +of race, color or previous condition, of any political or civil right, +privilege or immunity, enjoyed by any other class of men; and furthermore, +that I will not in any way injure or countenance in others any attempt to +injure any person or persons on account of past or present support of the +government of the United States, the laws of the United States, or the +principles of the political and civil equality of all men, or for +affiliation with any political party."[1452] It was finally settled that +in addition to those disfranchised by the Reconstruction Acts others +should be excluded for violation of the rules of war.[1453] They could +neither register, vote, nor hold office until relieved by the vote of the +general assembly for aiding in Reconstruction, and until they had accepted +the political equality of all men.[1454] It was estimated that the +suffrage clause would disfranchise from voting or holding office 40,000 +white men. The oath was likely to exclude still more. Bingham thought the +oath as adopted was a back-down, and demanded the iron-clad oath. The +committee on the franchise wanted to prohibit the legislature from +enfranchising any person unless he had aided in Reconstruction.[1455] + + +Legislation by the Convention + +The convention organized a new militia system, giving most of the +companies to the black counties. All officers were to be loyal to the +United States, that is, they were to be reconstructionists. No one who was +disfranchised could enlist. The proceeds of the sale of contraband and +captured property taken by the militia were to be used in its +support.[1456] Stay laws were enacted to go into force with the adoption +of the constitution, also exemption laws which exempted from sale for debt +more property than nineteen-twentieths of the people possessed.[1457] The +war debt of Alabama was again declared void, and the ordinance of +secession stigmatized as "unconstitutional, null and void."[1458] +Contracts made during the war, when the consideration was Confederate +money, were declared null and void at the option of either party, as were +also notes payable in Confederate money and debts made for slaves. Bingham +forced through an ordinance providing for a new settlement in United +States currency of trust estates settled during the war in Confederate +securities.[1459] Judicial decisions in aid of the war were declared void. +Defendants in civil cases against whom judgment was rendered during the +war were entitled to a revision or to a new trial.[1460] + +The negroes were complaining about the cotton tax, and a memorial was +addressed to Congress, asking for its repeal on the ground that when the +tax was imposed the state had no voice in the government; that it was +oppressive, amounting to 20 per cent of the gross value of the cotton +crop, and fell heavily on the negroes, who were the principal producers; +that for two years the tax had made cotton cultivation unprofitable, and +had driven away capital.[1461] + +A memorial to Congress was adopted by a vote of 50 to 6, asking that the +part of the reconstruction law which required a majority of the registered +voters to vote in the election for the adoption of the constitution be +repealed. It was now seen that the Conservatives would endeavor to defeat +the constitution by refraining from voting.[1462] + +An ordinance was passed to protect the newly enfranchised negro voters. +The penalty for using "improper influence" and thereby deceiving or +misleading an elector was to be not less than one nor more, than ten +years' imprisonment or fine of not more than $2000. The election was +ordered for February 4, 1868, to be held under direction of the military +commander. In order to bring out a large number of voters, elections were +ordered for the same time for all state and county officers, and for +members of Congress--several thousand in all. The officers thus elected +were to enter at once upon their duties, and hold office for the proper +term of years, dating from the legal date for the next general election +after the admission of the state.[1463] + +Among the scalawag members of the convention, who saw that the +carpet-baggers would rule the land by controlling the negro vote, there +was much dissatisfaction and at length open revolt. Nine members signed a +formal protest against the proposed constitution, stating that a +government framed upon its provisions would entail upon the state greater +evils than any that then threatened.[1464] Another member protested +against the test oath, against the extension of proscription, and against +the absence of express provision for separate schools.[1465] The +constitution was adopted by a vote of 66 to 8, 26 not voting. A few days +after the adjournment, 15 or 20 scalawag members united in an address to +the people of Alabama, protesting against the proposed constitution +because it was more proscriptive than the acts of Congress, because of the +test oath, because the course of the convention had shown that the +government would be in the hands of a few adventurers under the control +of the blacks, to whom they had promised mixed schools and laws protecting +the negro in his rights of voting, eating, travelling, etc., with whites. +For these reasons they urged that the constitution be rejected.[1466] + +Just before the convention adjourned, Caraway (negro) offered a +resolution, which was adopted, stating that the constitution was founded +on justice, honesty, and civilization, and that the enemies of law and +order, freedom and justice, were pledged to prevent its adoption. But he +asserted that God would strengthen and assist those who did right; +therefore he advised that a day be set apart "whereby the good and loyal +people of Alabama can offer up their adorations to Almighty God, and +invoke His aid and assistance to the loyal people of the state, while +passing through the bitter strife that seems to await them."[1467] + +A study of the votes and debates leads to the following general +conclusion: The majority of the scalawags were ready to revolt after +finding that the carpet-bag element had control of the negro vote; the +negroes with a few exceptions made no unreasonable and violent demands +unless urged by the carpet-baggers; the carpet-baggers with a few extreme +scalawags were disposed to resort to extreme measures of proscription in +order to get rid of white leaders and white majorities, and to agitate the +question of social equality in order to secure the negroes, and to drive +off the scalawags so that there would be fewer with whom to share the +spoils.[1468] + + + + +CHAPTER XV + +THE "RECONSTRUCTION" COMPLETED + + +"Convention" Candidates + +The debates in the convention over mixed schools, proscription, militia, +and representation had seemingly resulted in a division between the +carpet-baggers, who controlled the negroes, and the more moderate +scalawags. The carpet-baggers and extreme scalawags of the convention +resolved themselves into a body for the nomination of candidates for +office. This body formed the state Union League convention. Of the 101 +delegates to the convention, 67 or 68 had signed the constitution, and of +these at least 56 were candidates for office under it. Full tickets were +nominated by the convention and by the local councils of the Union League. +In the black counties only members of the League were nominated, and it +was practically the same in the white counties, where the League then had +but few members. Nearly all the election officials were candidates. Men +represented one county in the convention, and were candidates in others +for office.[1469] + +"CONVENTION" CANDIDATES + + ====================================================================== + NAME | NATIVITY | CANDIDATE FOR + -------------------|------------------------------|------------------- + Ben Alexander |Negro |Legislature + A. J. Applegate |Ohio and Wisconsin |Lieutenant Governor + W. A. Austin |Negro |State Senate + Arthur Bingham |New York |State Treasurer + W. H. Black |Ohio |Probate Judge + W. T. Blackford |Illinois |Probate Judge + Samuel Blandon |Negro |Legislature + Mark Brainard |New York |Clerk Circuit Court + Alfred E. Buck |Maine |Clerk Circuit Court + C. W. Buckley |New York, Mass., and Illinois |Congress + W. M. Buckley* |New York and Massachusetts |State Senator + J. H. Burdick |Iowa |Probate Judge + John Caraway |Negro |Legislature + Pierce Burton |Massachusetts |Legislature + J. Collins |North |State Senate + Datus E. Coon |Iowa |State Senate + Tom Diggs |Negro |Legislature + Charles W. Dustan |Iowa |Major-General Militia + S. S. Gardner |Massachusetts |Legislature + George Ely |New York, Conn., and Mass. |Probate Judge + Peyton Finley |Negro |Legislature + Jim Green |Negro |Legislature + Ovide Gregory |Negro |Legislature + Thomas Haughey |Scotland |Congress + G. Horton |Massachusetts |Probate Judge + Benjamin Inge |Negro |Legislature + A. W. Jones* |Alabama |Probate Judge + Columbus Jones |Negro |Legislature + John C. Keffer |Pennsylvania |Supt. of Industrial + | | Resources + S. F. Kennemer |Alabama |Legislature + Tom Lee |Negro |Legislature + David Lore |Negro (?) |Legislature + J. J. Martin |Georgia |Probate Judge + B. O. Masterson |Unknown |Legislature + C. A. Miller |Massachusetts and Maine |Secretary of State + Stephen Moore* |Alabama (?) |Senate + A. L. Morgan |Indiana |Clerk Circuit Court + J. F. Morton* |Unknown |Senate + B. W. Norris |Maine |Congress + E. W. Peck |New York |Chief Justice + Thomas M. Peters |Tennessee |Supreme Court + G. P. Plowman |Alabama |Probate Judge + R. M. Reynolds |Iowa |Auditor + Benjamin Rolfe |New York |Tax Collector + B. F. Royal |Negro |Senate + B. F. Saffold |Alabama |Supreme Court + J. Silsby* |Massachusetts |Clerk Circuit Court + C. P. Simmons |Tennessee |Commissioner + William P. Skinner |Alabama |Chancellor + L. R. Smith* |Massachusetts |Circuit Judge + H. J. Springfield* |Alabama |Legislature + N. D. Stanwood* |Maine and Massachusetts |Legislature + J. P. Stow |Connecticut |Senate + Littleberry Strange|Georgia |Circuit Judge + James R. Walker* |Georgia |Sheriff + B. L. Whelan |Georgia, Ireland, and Mich. |Circuit Judge + C. O. Whitney |North |Senate + J. A. Yordy |North |Senate[1472] + ====================================================================== + +The state of politics in the average Black Belt county was like that in +Perry or Montgomery. In Perry, the Radical nominees for probate judge, +state senator, sheriff, and tax assessor were from Wisconsin; for +representative, two negroes and one white from Ohio, and for tax +collector, a northern man.[1470] In Montgomery, for the legislature, one +white from Ohio and one from Austria, and three negroes; for probate +judge, clerk of circuit court, sheriff, and tax assessor, men from New +York and other northern states.[1471] One or two negroes ran independently +in each Black Belt county. In the white counties the extreme scalawags +had a better chance for office, and most of the moderate +reconstructionists fell away at once, leaving the spoils to the Radicals. +It is doubtful if there were enough white men in the state who could read +and write and who supported the new constitution, to fill the offices +created by that instrument. Hence the assignment of candidates to far-off +counties, and the admission of negro candidates.[1473] The state ticket +was headed by an Alabama tory, William H. Smith, and the other candidates +for state offices were from Ohio, Pennsylvania, Maine, and New York, five +of them being officers of the Freedmen's Bureau.[1474] The candidates for +Congress were from Massachusetts, Ohio, Michigan, New York, Maine, and +Nebraska. In several instances the candidate hailed from two or more +different states.[1475] + + +Campaign on the Constitution + +The campaign in behalf of the constitution did not differ in character +from that in behalf of the convention. The Radical candidates for office, +working through the Union League, drilled the negroes in the proper +political faith. Nearly all the whites having gone over to the +Conservatives, or withdrawn from politics, little or no attention was paid +to the white voters. All efforts were directed toward securing the negro +vote. Agents were sent over the state by the League to organize the +negroes, who were again told the old story: If the constitution is not +ratified, you will be reënslaved and your wives will be beaten and your +children sold; if you do not get your rights now you will never get them. +A subsidized press[1476] distributed campaign stories among those negroes +who could read, and they spread the news. In this way the remotest darky +heard that he was sure to return to slavery if the constitution failed of +ratification.[1477] The Union League assessed its members, especially +those who happened to be holding office under the military government, for +money for campaign purposes.[1478] + +The Radicals were forced by the general denunciation of the constitution, +both in the North and in the South, to make some statement in regard to +the matter. So on January 2, 1868, the Radical campaign committee issued +an address stating that there had been general and severe criticism of +some features of the constitution, and that Congress would expect a +revision, though the state would be admitted promptly even before +revision. The existence of political disabilities need not fetter the +party, the address stated, in the choice of a candidate. A Republican +nomination was a proof that the candidate was a "proper" person, and his +disabilities would be at once removed. This was a way to mitigate the +proscription.[1479] + +From the first the Conservatives[1480] had no hope of carrying the +election against the reconstructionists, who had control of the machinery +of election and were supported by the army and the government. There was +little organized opposition to the convention election, because the people +were indifferent and because the leaders feared that a contest at the +polls would result in riots with the negroes. To the Conservatives the +convention at first was a joke; the disposition was rather to stand off +and keep quiet, and let the Radicals try their hands for a while; they +could not stay in power forever. Later, the violent opinions and extreme +measures of the convention excited the alarm of many of the whites; the +moderate reconstructionists deserted their party; a large minority of the +convention refused to sign the constitution; and a number made formal +protests. The nomination of candidates by the Union League membership of +the convention and the character of the nominees showed that rule by alien +and negro was threatened. The Conservative party, now embracing nearly all +the whites except the Radical candidates, determined to oppose the +ratification of the constitution. Many of the whites,[1481] now thoroughly +discouraged, left the state forever--going to the north and west, to +Texas especially, and to South America and Mexico.[1482] + +On December 10 a number of the delegates to the convention, some of whom +had signed the constitution, united in an address to the people advising +against its adoption. All of them were native whites and former +reconstructionists. They declared that under the proposed government +designing knaves and political adventurers, who had a jealous hatred of +the native whites, would use the blacks for their own selfish purposes; +that this was clearly shown in the convention when the black delegation, +with one honorable exception, moved like slaves at the command of their +masters.[1483] Several hundred citizens sent a petition to the President, +setting forth that some of the delegates to the convention were not +residents of the state, that others did not, and had not, resided in the +counties which they pretended to represent, and that others belonged to +the army or were officials of the Freedmen's Bureau, and were thus not +legally qualified to sit in the convention. The petitioners asked for an +investigation.[1484] One of the delegates, Graves of Perry County, took +the stump against the constitution framed by "strangers, deserters, +bushwhackers, and perjured men," who were characterized by "a fiendish +desire to disqualify all southern men from voting or holding office who +are unwilling to perjure themselves with a test oath."[1485] + +The so-called "White Man's Movement" in Alabama is said to have been +originated in 1867, by Alexander White and ex-Governor L. E. +Parsons.[1486] At a Conservative meeting in Dallas County, in January, +1868, the former offered a series of resolutions declaring that American +institutions were the product of the wisdom of white men and were designed +to preserve the ascendency of the white race in political affairs; that +the United States government was a white man's government, and that white +men should rule America; that the negro was not fit to take part in the +government, as he had never achieved civilization nor shown himself +capable of directing the affairs of a nation; that the right of suffrage +was the fountain of all political power, therefore the negro should not be +invested with the right. Parsons proposed the same resolutions at a +Conservative conference in Montgomery in January, 1868.[1487] + +The Conservative executive committee decided to advise the whites to +refrain from voting, and thus defeat the constitution by taking advantage +of the law requiring a majority of the registered voters to vote on the +question of ratification before the constitution could be ratified. No +nominations for office were made for fear that some whites might thus vote +on the constitution, and also for fear of conflicts between the races in +case of contest at the polls. All were advised to register and to remain +away from the polls on election day. It was thought that less irritation +would be caused in Congress and elsewhere if the constitution failed in +this way than if it were voted down directly. The whites could be more +easily persuaded to remain away than to go to the polls, and fewer negroes +would vote if the whites did not vote. The people were urged to form +organizations to carry out this non-participating programme.[1488] + +In every county in the state the Conservatives held meetings, opposing the +constitution and pledging all the whites to stay away from the polls. The +Conservative press from day to day made known new objections to the +constitution: it exempted from sale for debt $3000 worth of +property,--whereas the old constitution exempted $500,--and this would +exempt every Radical in the state from paying his debts; the power of +taxation was in the hands of the non-taxpayers; the distribution of +representation was unequal, favoring the black counties;[1489] mixed +schools and amalgamation of the races were not forbidden, but were +encouraged by the reconstructionists; a large number of whites were +disfranchised from voting or holding office,[1490] while all the blacks +were enfranchised; the test oath required all voters to swear that they +would accept the political equality of the negro and never change their +opinions; the Board of Education was given legislative power, and could +pass measures over the governor's veto; an ordinance, which was kept +secret, required the governor to organize at once 137 companies of +militia, to be assigned almost entirely to the black counties, and under +such regulations that it was certain that few whites could serve; this +militia, when in service, was to be paid like the regular army, and was to +get the proceeds from all property captured or confiscated by it; the +government, under this constitution, would cost from one and a half to two +million dollars a year.[1491] + +Under the proposed constitution it was certain that for a while the +government would be in the hands of the extremest Radical clique. The +machinery, of the Radical party, of the registration and elections and the +candidates nominated by the League were of this faction. The continued +rule of the military was preferred by the whites to the rule of the +carpet-baggers and the negro. Another reason why the Conservatives wished +to keep the state out of the Union still longer was to prevent its +electoral vote from being cast for Grant in the fall of 1868. During 1865 +and 1866 Grant's moderate opinions had won the regard of many of the +people, but his course during the last year had caused him to be intensely +disliked. Though many meetings were held in opposition to the +constitution, the campaign on the Conservative side was quiet and +unexciting. The thirtieth day of January was set apart as a day of fasting +and prayer to deliver the people of Alabama "from the horrors of negro +domination."[1492] + + +Vote on the Constitution + +The registration before the election of delegates to the convention was +165,123,[1493] of whom 61,295 were whites and 104,518 were blacks. +Registration continued, and all the eligible whites registered. It is +probable that more whites than negroes registered during December and +January. And the revision demanded by all honest people evidently had the +effect of striking off thousands of negro names; for at the end of the +year the registration stood: whites, 72,748; blacks, 88,243; total, +160,991.[1494] By February 1, 1868, the registration amounted to about +170,000,[1495] of whom about 75,000 were whites and 95,000 were blacks. +Therefore, more than 85,000 registered voters must participate in the +election, or, according to the law, the constitution would fail of +adoption.[1496] + +The registrars were those who had been appointed by Pope in 1867. More +than half of them were candidates for election to office. Meade was not +favorably impressed with the character of the candidates nominated by the +constitutional convention and by the local councils of the Union League, +and he advised against holding the election for officers at the same time +that the vote was taken on the constitution. He thought that the nominees +were not such men as the friends of Reconstruction would choose if they +had a free choice. He believed that the ratification would be seriously +affected if these candidates were to be voted for at the same time. Swayne +admitted the force of the objection, but was afraid that a revocation of +the permission to elect officers at the same time would be disastrous to +Reconstruction. Later he agreed that the two elections should not be held +at the same time. But Grant objected to making the change, and the +election went on.[1497] + +General Hayden, Swayne's successor, removed a dozen or more of the +registrars who were candidates for important offices,[1498] and in +consequence was abused by the Radicals, who accused him of "hobnobbing +with the rebels." He was "utterly loathed by loyal men," and they at once +began to work for his removal.[1499] Every election official was obliged +to take the iron-clad test oath, and as one-third of them were negroes, it +was not likely that any of them were hostile to Reconstruction, as was +afterwards claimed. + +The elections were to begin on February 4 and last for two days. At the +suggestion of General Grant the time was extended to four days, and a +storm coming on the first day, instructions were sent out to keep the +polls open until the close of the 8th of February. But in the remote +counties no notice of the extension of time was received. There were three +voting places in each county and a person might vote at any one of them +(or at all of them if he chose). Late instructions ordered election +officials to receive the vote of any person who had registered anywhere in +the state. Of the 62 counties, 20 voted four days; 13, two days; 27, five +days; and in 2 there were no elections.[1500] + +Besides being told the old stories of returning to slavery, of forty acres +and a mule, of social rights, etc., various new promises were made to the +negroes. One was promised a divorce if he would vote for Reynolds as +Auditor, and it was said that Reynolds kept his promise, and saw that the +negro afterward secured it. Numerous negro politicians were, according to +promise, relieved from "the pains of bigamy" by the first Reconstruction +legislation. The discipline of the League was brought to bear on +indifferent black citizens, and by threats of violence or of proscription +many were driven to the polls. On February 3 the negroes began to flock to +the voting places, each with a gun, a stick, a dog, and a bag of rations, +as directed by their white leaders. It was again necessary for them to +vote "early and often." The Radical candidates were desperately afraid +that the constitution would fail of ratification, and every means was +taken to swell the number of votes cast. Many negroes voted rolls of +tickets given them by the candidates. They voted one day in one precinct, +and the next day in another, or several times in the same place. Little +attention was paid to the registration lists, but every negro over sixteen +who presented himself was allowed to vote. Hundreds of negro boys voted; +it was said that none were ever turned away. Where the whites had men at +the polls to challenge voters, it was found almost impossible to follow +the lists because so many of the negroes had changed their names since +registration. The sick at their homes sent their proxies by their friends +or relatives. In one case the Radicals voted negroes under the names of +white men who were staying away. The voters migrated from one county to +another during the elections and voted in each. This was especially the +case in Mobile, Marengo, Montgomery, Macon, Lee, Russell, Greene, Dallas, +Hale, and Barbour counties.[1501] The _Mobile Register_ claimed that negro +women were dressed in men's clothes and voted. The Radical chairman of the +Board of Registration in Perry County stated that one-third of the votes +polled in that county were illegal.[1502] In Mobile, when a negro man +appeared whose name was not on the voting list and was challenged by the +Conservatives, he was directed by a "pirate"[1503] to go to one D. G. +Johnson, a registrar, who would give him, not a certificate of +registration, but a ballot, indorsed with the voter's name and Johnson's +signature. This ballot was to serve as a certificate and was also to be +voted.[1504] + + +The Constitution fails of Adoption + +The result of the voting was: for the constitution, 70,812 votes; against +it, 1005. The 18,000 white votes for the convention had dwindled down to +5000 for the constitution. For ratification, 13,550 more votes were +necessary, and the ratification had failed. So General Meade reported. The +reasons for the falling off of the white vote have already been indicated. +The black vote fell off also. One cause of this was the chilling of the +negro's faith in his political leaders, who had made so many promises +about farms, etc., and had broken them all. Many of the old aristocratic +negroes would have nothing to do with such leaders as the carpet-baggers +and scalawags, and this class and many others also were influenced by the +whites to stay away from the polls. The general absence of respectable +whites at the elections made it easier to convince the old Conservative +negroes.[1505] In two white counties--Dale and Henry--no elections were +held because there were not enough reconstructionists to act as election +officials.[1506] Some whites, probably not many, were kept away by threats +of social and business ostracism. Most of the reconstructionists cared +nothing for such threats, as they could not be injured.[1507] + +The Radicals explained the result of the election by asserting that many +whites were registered illegally, foreigners, minors, etc., that the +voters were intimidated by threats of violence, social ostracism, and +discharge from employment; that the voting places were too few and the +time too short in many of the counties; that there was a great storm and +the rivers were flooded, preventing access to the polls in some +places;[1508] that the Conservatives interfered with the votes, and tore +off that part of the ballot that contained the vote on the constitution; +that many election officials were hostile to reconstruction, and had +turned off 10,000 voters because of slight defects in the registration; +that there were not 170,000 voters in the state but only 160,000, as +several thousand had removed from the state; that in spite of all +obstructions the vote for the constitution, if properly counted, was +81,000 instead of 70,000, and that there were 120,000 "loyal" voters in +the state; that the ballot-boxes in Lowndes County were stolen, and that +the returns from Baine, Colbert, and Jones counties had been fraudulently +thrown out;[1509] that General Hayden had especially desired the defeat of +Reconstruction, and that he had managed the election in such a way as to +enable the "rebels" to gain an apparent victory; and that practically all +the army officers were opposed to the Radical programme, which was now +true; and finally, that the attendance of Conservatives as challengers at +the polls in some places was "a means of preventing the full and free +expression of opinion by the ballot."[1510] + +After a thorough investigation General Meade reported that the election +had been quiet, and that there had been no disorder of any kind; that +there had been no frauds in mutilating negroes' tickets by tearing off the +vote for the constitution, and that the other charges of fraud would prove +as illusive; that the vote for the governor and other officials was less +than that for the constitution; and that a more liberal constitution would +have commanded a majority of votes. He said, "I am satisfied that the +constitution was lost on its merits;" that the constitution was fairly +rejected by the people, under the law requiring a majority of the +registered voters to cast their ballots for or against, and that this +rejection was based on the merits of the constitution itself was proved by +the fact that out of 19,000 white voters for the convention, there were +only 5000 for the constitution; it might also be partially explained by +the fact that the constitutional convention had made nominations to all +the state offices, which ticket was "not acceptable in all respects to the +party favoring reconstruction."[1511] He recommended that Congress +reassemble the convention, which should revise the constitution, +eliminating the objectionable features, and again submit it to the people. +However, as he afterwards stated, "my advice was not followed." The tone +of Meade's report showed that he did not expect Congress to refuse to +admit the state. Indeed, at times the staid general seemed almost to +approach something like disrespect toward that highly honorable body. + +When the Radicals began to make an outcry about fraud, Meade complained +that they were not specific in their charges, and told the leaders to get +their proofs ready. The state Radical Executive Committee issued +instructions for all Radicals to collect affidavits concerning high water, +storms, obstruction, fraud, violence, intimidation, and discharge, and +send them to the Radical agents at Washington, who were urging the +admission of the state, notwithstanding the rejection of the constitution. +They refused to send these reports to Meade, who was not in sympathy with +the Radical programme. Many of what purported to be affidavits of men +discharged from employment for voting were printed for the use of +Congress. Most of them were signed by marks and gave no particulars. The +usual statement was "for the reason of voting at recent election."[1512] + +The _Nationalist_ gave fifteen flippant reasons why the constitution had +failed, and then asserted that the state was sure to be admitted in spite +of the failure of ratification. Agents were sent to Washington to urge +the acceptance by Congress of the constitution and Radical ticket. At +first all, however, were not hopeful. There was a general exodus of the +less influential carpet-baggers from the state, such a marked movement +that the negroes afterwards complained of it. Some returned North; others +went to assist in the reconstruction of other states.[1513] + +C. C. Sheets, a native Radical, speaking of the failure of the +ratification, declared that a year earlier the state might have been +reconstructed according to the plan of Congress, but a horde of army +officers sent South, followed by a train of office-seekers, went into +politics, and these "with the help of a class here at home even less fit +and less honest," if possible, had disgusted every one.[1514] + +While waiting for Congress to act, the so-called legislature met, February +17, 1868, at the office of the _Sentinel_ in Montgomery. Applegate, the +candidate for lieutenant-governor, called the "Senate" to order, and +harangued them as follows: Congress would recognize whatever they might +do; it was absolutely necessary for the assembly to act before Congress, +as the life of the nation was in danger and there was a pressing +"necessity for two Senators from Alabama to sit upon the trial of that +renegade and traitor, Andrew Johnson"; he stated that General Meade was in +consultation with them and would sustain them;[1515] if protection were +necessary, Major-General Dustan[1516] could, at short notice, surround +them with several regiments of loyal militia.[1517] They attempted to +transact some business, but the unfriendly attitude of Meade and Hayden +discouraged them; and they disbanded, to await the action of Congress. + + +The Alabama Question in Congress + +February 17, 1868, a few days after the election, Bingham of Ohio +introduced a joint resolution in the House to admit Alabama with its new +constitution.[1518] The Radicals of Alabama assumed that it was only a +question of a short time before they would be in power. On March 10, +Stevens, from the Committee on Reconstruction, reported a bill for the +admission of Alabama. During the lengthy debate which followed, the +Radical leaders undertook to show that when Congress passed the law of +March 23, it did not know what it was doing, and that therefore the law +could not now be considered binding. The carpet-bag stories about frauds +in the election, icy rivers, etc., were again told. During the debates it +developed that Beck of Kentucky and Brooks of New York, the minority +members of the Committee on Reconstruction, had not been notified of the +meeting of the committee, which was called to meet at the house of +Stevens, and hence knew nothing of the report until it was printed. They +made strong speeches against the bill and introduced the protests of the +delegates to the convention, the reports of Meade, and the petition of the +whites of the state against the proposed measure, and on March 17 +introduced the minority report, which had to be read as part of a speech +in order to get it printed. It was a summary of the Conservative +objections to the constitution. For the moment Thaddeus Stevens seemed to +be convinced that it was not desirable to admit Alabama. "After a full +examination," he said, "of the final returns from Alabama, which we had +not got when this bill was drawn, I am satisfied, for one, that to force a +vote on this bill and admit the state against our own law, when there is a +majority of twenty odd thousand against the constitution, would not be +doing such justice in legislation as will be expected by the people." So +the measure was withdrawn.[1519] But the next day Farnsworth of Illinois +reported a new bill providing for the admission of Alabama. He argued +that 7000 whites had voted for the constitution, and that 20,000 whites +belonged to the Union Leagues in the state,[1520] and that only by fraud +had the constitution been defeated. Kelly of Pennsylvania, of "Mobile +riot" fame, said that "the letter killeth, but the spirit giveth life." He +was convinced that typographical and clerical errors in the voting lists +had turned thousands away.[1521] Spalding of Ohio proposed a substitute, +which was adopted, making the new constitution the fundamental law for a +provisional government, and placing in office the candidates who were +voted for. The legislature was to be convened to adopt amendments to the +constitution and resubmit the latter to the people. The bill passed the +House, but was not taken up in the Senate.[1522] In the debates on this +bill Paine of Wisconsin said: "These men [the whites] during the war were +traitors. They have no right to vote or to hold office, and for the +present this dangerous power is most rightfully withheld." Williams, a +Republican of Pennsylvania, objected to accepting a negro minority +government. Stevens closed the debate, saying that Congress had passed an +act "authorizing Alabama and other waste territories of the United States +to form constitutions so as, if possible, to make them fit to associate +with civilized communities"; the House had foreseen difficulties about +requiring a majority to vote, and had passed an act to remedy it, but the +Senate had let it lie for two months; he knew that he was outside the +constitution, which did not provide for such a case; he wanted to shackle +the whites in order to protect the blacks.[1523] + +The effect of establishing a new provisional government on the basis of +the constitution just rejected would be to require a new registration and +disfranchisement according to that instrument. The proposal pleased the +local Radicals very much. This plan was probably preferred by all the +would-be officers except those who had been candidates for Congress and +who could not sit until the state was admitted. The _Nationalist_[1524] +said: "If we can get the offices, we, and not a 'military saphead' +[Meade], can conduct the next election; we can by the Spalding bill get +the government, rule the state as long as we please provisionally, and, +when satisfied we can hold our own against the rebels, submit the +constitution to a vote. We must wait until sure of a Republican majority +if we have to wait five years."[1525] The carpet-baggers were in high +hope. A girl applied to one of the managers of the Montgomery "soup house" +for a ticket for ten days, saying that she would not need it longer, as +her father by the end of that time would be a judge.[1526] + +The whites began to close ranks, to leave no room in their midst for the +white man of the North, the ruler and ally of the black. Social and +business ostracism was declared against all who should take office under +the Reconstruction Acts. They were turned away from respectable +hotels.[1527] + +The _Independent Monitor_, now the head and front of opposition to +Reconstruction, gave the following advice to the white people, who, +however, did not need it: "We reiterate the advice hitherto offered to +those of our southern people who are not ashamed to honor the service of +the 'lost cause' and the memory of their kith and kin whose lives were +nobly laid down to save the survivors from a subjection incomparably more +tolerable in contemplation than in realization. That advice is not to +touch a loyal leaguer's hand; taste not of a loyal leaguer's hospitality; +handle not a loyal leaguer's goods. Oust him socially; break him +pecuniarily; ignore him politically; kick him contagiously; hang him +legally; or lynch him clandestinely--provided he becomes a nuisance as +Claus or Wilson."[1528] + +The Conservative Executive Committee addressed a memorial to Congress +against the proposed measures. In conclusion the address stated: "We are +beset by secret oath-bound political societies, our character and conduct +are systematically misrepresented to you and in the newspapers of the +North; the intelligent and impartial administration of just laws is +obstructed; industry and enterprise are paralyzed by the fears of the +white men and the expectation of the black that Alabama will soon be +delivered over to the rule of the latter; and many of our people are, for +these reasons, leaving the homes they love for other and stranger lands. +Continue over us, if you will, your own rule by the sword. Send down among +us honorable and upright men of your own people, of the race to which you +and we belong, and, ungracious, contrary to wise policy and the +institutions of the country, and tyrannous as it will be, no hand will be +raised among us to resist by force their authority. But do not, we implore +you, abdicate your rule over us, by transferring us to the blighting +brutality and unnatural dominion of an alien and inferior race."[1529] + + +Alabama Readmitted to the Union + +The proposition to establish a Radical provisional government for Alabama +was forgotten in the Senate during the progress of the impeachment trial, +and on May 11 Stevens introduced a bill providing for the admission of +Georgia, Louisiana, North and South Carolina, and Alabama.[1530] A motion +by Woodbridge of Vermont to strike Alabama from the bill was lost by a +vote of 60 to 74. Farnsworth said it was nonsense to make any distinction +between Alabama and the other states. The bill passed the House on May 14, +by a vote of 109 to 35, and went to the Senate. On June 5 Trumbull from +the Judiciary Committee reported the bill with Alabama struck out because +the constitution had not been ratified according to law. Wilson of +Massachusetts moved to insert Alabama in the bill. Alabama, he said, was +the strongest of all the states for the policy of Congress, and it would +be unjust to leave her out. Sherman repeated the old charges of fraud in +the elections, which had been contradicted by General Meade, from whose +report Sherman quoted garbled extracts. It was absolutely necessary, he +said, to admit Alabama in order to settle the Fourteenth Amendment before +the presidential election. Hendricks of Indiana objected because of +proscriptive clauses in the constitution, which would disfranchise from +25,000 to 30,000 men. Pomeroy of Kansas said it would be "a cruel thing" +to admit the other states and leave out Alabama. Morton of Indiana was of +the opinion that the bill with Alabama in it would pass over the +President's veto as well as without it, and said that Congress must waive +the condition and admit Alabama.[1531] The Radicals of Alabama kept the +wires hot sending telegrams to their agents in Washington and to Wilson +and Sumner, urging the inclusion of Alabama in the bill. On June 9 the +Senate in Committee of the Whole amended the bill as reported from the +Committee on the Judiciary by inserting Alabama. On this the vote stood 22 +to 21. The next day Senator Trumbull moved to strike out Alabama, but the +motion was lost by a vote of 24 to 16. So the report of the Judiciary +Committee was revised by the insertion of Alabama, and the bill passed by +a vote of 31 to 5, 18 not voting.[1532] The House Committee on +Reconstruction recommended concurrence in certain amendments that the +Senate had made, which was done by a vote of 111 to 28, 50 not voting. The +bill was then signed by the Speaker and the President _pro tem._ of the +Senate and sent to the President.[1533] The President returned the bill +with his veto on June 25. "In the case of Alabama," he said, "it violates +the plighted faith of Congress by forcing upon that state a constitution +which was rejected by the people, according to the express terms of an act +of Congress requiring that a majority of the registered electors should +vote upon the question of its ratification."[1534] The bill was at once +passed by both houses over the President's veto, in the Senate by a vote +of 35 to 8, 13 not voting, and in the House by a vote of 108 to 31, 53 not +voting.[1535] + +The bill as passed declared that Alabama with the other southern states +had adopted by large majorities the constitutions recently framed, and +that as soon as each state by its legislature should ratify the Fourteenth +Amendment it should be admitted to representation upon the fundamental +condition "that the constitution of neither of said states shall ever be +so amended or changed as to deprive any citizen or class of citizens of +the United States of the right to vote in said state who are entitled to +vote by the constitution thereof herein recognized" except as a punishment +for crime.[1536] As soon as the new legislature should meet and ratify +the Fourteenth Amendment, the officers of the state were to be +inaugurated. No one was to hold office who was disqualified by the +proposed Fourteenth Amendment.[1537] + +June 29, Grant wrote to Meade that to avoid question he should remove the +present provisional governor and install the governor and +lieutenant-governor elect, this to take effect at the date of convening +the legislature. So in July, by general order, Governor Patton was removed +and Smith and Applegate installed. After the ratification of the +Fourteenth Amendment by the legislature, Meade directed all provisional +officials to yield to their duly elected successors. The military +commanders transferred state property, papers, and prisoners to the state +authorities.[1538] And for six years the carpet-bagger, scalawag, and +negro, with the aid of the army, misruled the state. + +The members of Congress returned from their migrations[1539] and presented +themselves with their credentials to Congress.[1540] Brooks of New York +objected to the admission of these men on the ground that they were there +in violation of the act of Congress in force at the time of the election. +But on July 21 all were admitted by a vote of 125 to 33, 52 not voting. +After taking the iron-clad test oath, they took their seats among the +nation's lawmakers. Spencer and Warner were admitted to the Senate on July +25, and also took the iron-clad oath.[1541] + +[Illustration: SOME RADICAL MEMBERS OF CONGRESS. + +SENATOR GEORGE E. SPENCER. + +SENATOR WILLARD WARNER. + +C. W. BUCKLEY. + +JOHN B. CALLIS. + +J. T. RAPIER. + +CHARLES HAYS.] + + + + +CHAPTER XVI + +THE UNION LEAGUE OF AMERICA + + +Origin of the Union League + +In order to understand the absolute control exercised over the blacks by +the alien adventurers, as shown in the elections of 1867-1868, it will be +necessary to examine the workings of the secret oath-bound society +popularly known as the "Loyal League." The iron discipline of this order +wielded by a few able and unscrupulous whites held together the ignorant +negro masses for several years and prevented any control by the +conservative whites. + +The Union League movement began in the North in 1862, when the outlook for +the northern cause was gloomy. The moderate policy of the Washington +government had alienated the extremists; the Confederate successes in the +field and Democratic successes in the elections, the active opposition of +the "Copperheads" to the war policy of the administration, the rise of the +secret order of the Knights of the Golden Circle in the West opposed to +further continuance of the war, the strong southern sympathies of the +higher classes of society, the formation of societies for the +dissemination of Democratic and southern literature, the low ebb of +loyalty to the government in the North, especially in the cities--all +these causes resulted in the formation of Union Leagues throughout the +North.[1542] This movement began among those associated in the work of the +United States Sanitary Commission. These people were important neither as +politicians nor as warriors, and they had sufficient leisure to observe +the threatening state of society about them. "Loyalty must be organized, +consolidated, and made effective," they declared. The movement, first +organized in Ohio, took effective form in Philadelphia in the fall of +1862, and in December of that year the Union League of Philadelphia was +organized. The members were pledged to uncompromising and unconditional +loyalty to the Union, the complete subordination of political ideas +thereto, and the repudiation of any belief in states' rights. The New York +Union League Club followed the example of the Philadelphia League early in +1863, and adopted, word for word, its declaration of principles.[1543] +Boston, Brooklyn, Chicago, Baltimore, and other cities followed suit, and +soon Leagues modelled after the Philadelphia plan and connected by a loose +bond of federation were formed in every part of the North. These Leagues +were social as well as political in their aims. The "Loyal National +League" of New York, an independent organization with thirty branches, was +absorbed by the Union League, and the "Loyal Publication Society" of New +York, which also came under its control, was used to disseminate the +proper kind of political literature. + +As the Federal armies went South, the Union League spread among the +disaffected element of the southern people.[1544] Much interest was taken +in the negro, and negro troops were enlisted through its efforts. Teachers +were sent South in the wake of the armies to teach the negroes, and to use +their influence in securing negro enlistments. In this and in similar work +the League acted in coöperation with the Freedmen's Aid Societies, the +Department of Negro Affairs, and later with the Freedmen's Bureau. With +the close of the war it did not cease to take an active interest in things +political. It was one of the earliest bodies to declare for negro suffrage +and white disfranchisement,[1545] and this declaration was made repeatedly +during the three years following the war, when it was continued as a kind +of Radical bureau in the Republican party to control the negro vote in the +South. Its agents were always in the lobbies of Congress, clamoring for +extreme measures; the Reconstruction policy of Congress was heartily +indorsed and the President condemned. Its headquarters were in New York, +and it was represented in each state by "State Members." John Keffer of +Pennsylvania was "State Member" for Alabama. + +Part of the work of the League was to distribute campaign literature, and +most of the violent pamphlets on Reconstruction questions will be found to +have the Union League imprint. The New York League alone circulated about +70,000 publications,[1546] while the Philadelphia Union League far +surpassed this record, circulating 4,500,000 political pamphlets[1547] +within eight years. The literature printed consisted largely of accounts +of "southern atrocities." The conclusions of Carl Schurz's report on the +condition of the South justified, the League historian claims, the +publication and dissemination of such choice stories as these: A preacher +in Bladon (Springs), Alabama, said that the woods in Choctaw County stunk +with dead negroes. Some were hanged to trees and left to rot; others were +burned alive. + +It is quite likely that such Leagues as those in New York and +Philadelphia, after the first year or two of Reconstruction, grew away +from the strictly political "Union League of America" and became more and +more social clubs. The spiritual relationship was close, however, and in +political belief they were one. The eminently respectable members of the +Union Leagues of Philadelphia and New York had little in common with the +southern Leagues except radicalism. Southern "Unionists" who went North +were entertained by the Union League and their expenses paid. In 1866 the +Philadelphia convention of southern "Unionists" was taken in hand by the +League, carried to New York, and entertained at the expense of the latter. +In 1867 several of the Leagues sent delegates to Virginia to reconcile the +two warring factions of Radicals. The formation of the Union League among +the southern "Unionists" was extended throughout the South within a few +months of the close of the war, but a "discreet secrecy" was maintained. +In Alabama it was easy for the disaffected whites, especially those who +had been connected with the Peace Society, to join the order, which soon +included Peace Society men, "loyalists," deserters, and many +anti-administration Confederates. The most respectable element consisted +of a few old Whigs who had an intense hatred of the Democrats, and who +wanted to crush them by any means. In this stage the League was strongest +in the white counties of the hill and mountain country.[1548] + + +Extension to the South + +Even before the end of the war the Federal officials had established the +organization in Huntsville, Athens, Florence, and other places in north +Alabama. It was understood to be a very respectable order in the North, +and General Burke, and later General Crawford, with other Federal officers +and a few of the so-called "Union" men of north Alabama, formed lodges of +what was called indiscriminately the Union or Loyal League. At first but +few native whites were members, as the native "unionist" was not exactly +the kind of person the Federal officers cared to associate with more than +was necessary. But with the close of hostilities and the establishment of +army posts over the state, the League grew rapidly. The civilians who +followed the army, the Bureau agents, the missionaries, and the northern +school-teachers were gradually admitted. The native "unionists" came in as +the bars were lowered, and with them that element of the population which, +during the war, especially in the white counties, had become hostile to +the Confederate administration. The disaffected politicians saw in the +organization an instrument which might be used against the politicians of +the central counties, who seemed likely to remain in control of affairs. +At this time there were no negro members, but it has been estimated that +in 1865, 40 per cent of the white voting population in north Alabama +joined the order, and that for a year or more there was an average of half +a dozen "lodges" in each county north of the Black Belt. Later, the local +chapters were called "councils." There was a State Grand Council with +headquarters at Montgomery, and a Grand National Council with headquarters +in New York. The Union League of America was the proper designation for +the entire organization. + +The white members were few in the Black Belt counties and even in the +white counties of south Alabama, where one would expect to find them. In +south Alabama it was disgraceful for a person to have any connection with +the Union League; and if a man was a member, he kept it secret. To this +day no one will admit that he belonged to that organization. So far as the +native members were concerned, they cared little about the original +purposes of the order, but hoped to make it the nucleus of a political +organization; and the northern civilian membership, the Bureau agents, +preachers, and teachers, and other adventurers, soon began to see other +possibilities in the organization.[1549] + +From the very beginning the preachers, teachers, and Bureau agents had +been accustomed to hold regular meetings of the negroes and to make +speeches to them. Not a few of these whites expected confiscation, or some +such procedure, and wanted a share in the division of the spoils. Some +began to talk of political power for the negro. For various purposes, good +and bad, the negroes were, by the spring of 1866, widely organized by +their would-be leaders, who, as controllers of rations, religion, and +schools, had great influence over them. It was but a slight change to +convert these informal gatherings into lodges, or councils, of the Union +League. After the refusal of Congress to recognize the Restoration as +effected by the President, the guardians of the negro in the state began +to lay their plans for the future. Negro councils were organized, and +negroes were even admitted to some of the white councils which were under +control of the northerners. The Bureau gathering of Colonel John B. Callis +of Huntsville was transformed into a League. Such men as the Rev. A. S. +Lakin, Colonel Callis, D. H. Bingham, Norris, Keffer, and Strobach, all +aliens of questionable character from the North, went about organizing the +negroes during 1866 and 1867. Nearly all of them were elected to office by +the support of the League. The Bureau agents were the directors of the +work, and in the immediate vicinity of the Bureau offices they themselves +organized the councils. To distant plantations and to country districts +agents were sent to gather in the embryo citizens.[1550] In every +community in the state where there was a sufficient number of negroes the +League was organized, sooner or later.[1551] In north Alabama the work was +done before the spring of 1867; in the Black Belt and in south Alabama it +was not until the end of 1867 that the last negroes were gathered into the +fold. + +The effect upon the white membership of the admission of negroes was +remarkable. With the beginning of the manipulation of the negro by his +northern friends, the native whites began to desert the order, and when +negroes were admitted for the avowed purpose of agitating for political +rights and for political organization afterwards, the native whites left +in crowds. Where there were many blacks, as in Talladega, nearly all of +the whites dropped out. Where the blacks were not numerous and had not +been organized, more of the whites remained, but in the hill counties +there was a general exodus.[1552] Professor Miller estimates that five per +cent of the white voters in Talladega County, where there were many +negroes, and 25 per cent of those in Cleburne County, where there were few +negroes, remained in the order for several years. The same proportion +would be nearly correct for the other counties of north Alabama. Where +there were few or no negroes, as in Winston and Walker counties, the white +membership held out better, for in those counties there was no fear of +negro domination, and if the negro voted, no matter what were his +politics, he would be controlled by the native whites. What the negro +would do in the black counties, the whites in the hill counties cared but +little. The sprinkling of white members served to furnish leaders for the +ignorant blacks, but the character of these men was extremely +questionable. The native element has been called "lowdown, trifling white +men," and the alien element "itinerant, irresponsible, worthless white men +from the North." Such was the opinion of the respectable white people, and +the later history of the Leaguers has not improved their +reputation.[1553] In the black counties there were practically no white +members in the rank and file. The alien element, probably more able than +the scalawag, had gained the confidence of the negroes, and soon had +complete control over them. The Bureau agents saw that the Freedmen's +Bureau could not survive much longer, and they were especially active in +looking out for places for the future. With the assistance of the negro +they had hoped to pass into offices in the state and county governments. + + +The Ceremonies of the League + +One thing about the League that attracted the negro was the mysterious +secrecy of the meetings, the weird initiation ceremony that made him feel +fearfully good from his head to his heels, the imposing ritual and the +songs. The ritual, it is said, was not used in the North; it was probably +adopted for the particular benefit of the African. The would-be Leaguer +was told in the beginning of the initiation that the emblems of the order +were the altar, the Bible, the Declaration of Independence, the +Constitution of the United States, the flag of the Union, censer, sword, +gavel, ballot-box, sickle, shuttle, anvil, and other emblems of industry. +He was told that the objects of the order were to preserve liberty, to +perpetuate the Union, to maintain the laws and the Constitution, to secure +the ascendency of American institutions, to protect, defend, and +strengthen all loyal men and members of the Union League of America in all +rights of person and property,[1554] to demand the elevation of labor, to +aid in the education of laboring men, and to teach the duties of American +citizenship. This sounded well and was impressive, and at this point the +negro was always willing to take an oath of secrecy, after which he was +asked to swear with a solemn oath to support the principles of the +Declaration of Independence, to pledge himself to resist all attempts to +overthrow the United States, to strive for the maintenance of liberty, +elevation of labor, education of all people in the duties of citizenship, +to practise friendship and charity to all of the order, and to support for +election or appointment to office only such men as were supporters of +these principles and measures.[1555] + +The council then sang "Hail Columbia" and "The Star-Spangled Banner," +after which an official harangued the candidate, saying that, though the +designs of traitors had been thwarted, there were yet to be secured +legislative triumphs with complete ascendency of the true principles of +popular government, equal liberty, elevation and education, and the +overthrow at the ballot-box of the old oligarchy of political leaders. +After prayer by the chaplain, the room was darkened, the "fire of +liberty"[1556] lighted, the members joined hands in a circle around the +candidate, who was made to place one hand on the flag and, with the other +raised, swore again to support the government, to elect true Union men to +office, etc. Then placing his hand on a Bible, for the third time he swore +to keep his oath, and repeated after the president "the Freedman's +Pledge": "To defend and perpetuate freedom and union, I pledge my life, my +fortune, and my sacred honor. So help me God!" Another song was sung, the +president charged the members in a long speech concerning the principles +of the order, and the marshal instructed the members in the signs. To pass +one's self as a Leaguer, the "Four L's" were given: (1) with right hand +raised to heaven, thumb and third finger touching ends over palm, +pronounce "Liberty"; (2) bring the hand down over the shoulder and say +"Lincoln"; (3) drop the hand open at the side and say "Loyal"; (4) catch +the thumb in the vest or in the waistband and pronounce "League."[1557] +This ceremony of initiation was a most effective means of impressing the +negro, and of controlling him through his love and fear of the secret, +mysterious, and midnight mummery. An oath taken in daylight would be +forgotten before the next day; not so an oath taken in the dead of night +under such impressive circumstances. After passing through the ordeal, the +negro usually remained faithful. + + +Organization and Methods + +In each populous precinct there was at first one council of the League. In +each town or city there were two councils, one for the whites, and +another, with white officers, for the blacks.[1558] The council met once a +week, sometimes oftener, and nearly always at night, in the negro churches +or schoolhouses.[1559] Guards, armed with rifles and shotguns, were +stationed about the place of meeting in order to keep away intruders, and +to prevent unauthorized persons from coming within forty yards. Members of +some councils made it a practice to attend the meetings armed as if for +battle. In these meetings the negroes met to hear speeches by the would-be +statesmen of the new régime. Much inflammatory advice was given them by +the white speakers; they were drilled into the belief that their interests +and those of the southern whites could not be the same, and passion, +strife, and prejudice were excited in order to solidify the negro race +against the white, thus preventing political control by the latter. Many +of the negroes still had hopes of confiscation and division of property, +and in this they were encouraged by the white leaders. Professor Miller +was told[1560] by respectable white men, who joined the order before the +negroes were admitted and who left when they became members, that the +negroes were taught in these meetings that the only way to have peace and +plenty, to get "the forty acres and a mule," would be to kill some of the +leading whites in each community as a warning to others. The council in +Tuscumbia received advice from Memphis to use the torch, that the blacks +were at war with the white race. The advice was taken. Three men went in +front of the council as an advance guard, three followed with coal-oil +and fire, and others guarded the rear. The plan was to burn the whole +town, but first one negro and then another insisted on having some white +man's house spared because "he is a good man." The result was that no +residences were burned, and they compromised by burning the Female +Academy. Three of the leaders were lynched.[1561] The general belief of +the whites was that the objects of the order were to secure political +power, to bring about on a large scale the confiscation of the property of +Confederates,[1562] and while waiting for this to appropriate all kinds of +portable property. Chicken-houses, pig-pens, vegetable gardens, and +orchards were invariably visited by members when returning from the +midnight conclaves. This evil became so serious and so general that many +believed it to be one of the principles of the order. Everything of value +had to be locked up for safe-keeping. + +As soon as possible after the war each negro had supplied himself with a +gun and a dog as badges of freedom. As a usual thing, he carried them to +the League meetings, and nothing was more natural than that the negroes +should begin drilling at night. Armed squads would march in military +formation to the place of assemblage, there be drilled, and after the +close of the meeting, would march along the roads shouting, firing their +guns, making great boasts and threats against persons whom they disliked. +If the home of such a person happened to be on the roadside, the negroes +usually made a practice of stopping in front of the house and treating the +inmates to unlimited abuse, firing off their guns in order to waken them. +Later military parades in the daytime were much favored. Several hundred +negroes would march up and down the roads and streets, and amuse +themselves by boasts, threats, and abuse of whites, and by shoving whites +off the sidewalks or out of the road. But, on the whole, there was very +little actual violence done the whites,--much less than might have been +expected. That such was the case was due, not to any sensible teachings +of the leaders, but to the fundamental good nature of the blacks, who were +generally content with being impudent.[1563] + +The relations between the races, with exceptional cases, continued to be +somewhat friendly until 1867-1868. In the communities where the League and +the Bureau were established, the relations were soonest strained. For a +while in some localities, before the advent of the League, and in others +where the Bureau was conducted by native magistrates, the negroes looked +to their old masters for guidance and advice, and the latter, for the good +of both races, were most eager to retain a moral control over the blacks. +Barbecues and picnics were arranged by the whites for the blacks, speeches +were made, good advice given, and all promised to go well. Sometimes the +negroes themselves would arrange the festival and invite prominent whites +to be present, for whom a separate table attended by the best waiters +would be reserved; and after dinner there would be speaking by both whites +and blacks. With the organization of the League, the negroes grew more +reserved, and finally unfriendly to the whites. The League alone, however, +was not responsible for the change. The League and the Bureau had to some +extent the same personnel, and it is impossible to distinguish clearly +between the work of the League and that of the Bureau. In many ways the +League was simply the political side of the Bureau. The preaching and +teaching missionaries were also at work. On the other hand, among the +lower classes of whites, a hostile feeling quickly sprang to oppose the +feeling of the blacks. + +When the campaign grew exciting, the discipline of the order was used to +prevent the negroes from attending Democratic meetings or hearing +Democratic speakers. The League leaders even went farther and forbade the +attendance of the blacks at Radical political meetings where the speakers +were not indorsed by the League. Almost invariably the scalawag disliked +the Leaguer, black or white, and often the League proscribed the former as +political teachers. Judge Humphreys was threatened with political death +unless he joined the League. This he refused to do, as did most whites +where there were many negroes. All Republicans in good standing had to +join the League. Judge (later Governor) D. P. Lewis was a member for a +short while, but he soon became disgusted and published a denunciation of +the League. Nicholas Davis and J. C. Bradley, both scalawags, were +forbidden by the League to speak in the court-house at Huntsville because +they were not members of the order. At a Republican mass-meeting a white +republican wanted to make a speech. The negroes voted that he should not +be allowed to speak because he was "opposed to the Loyal League." He was +treated to abuse and threats of violence. He then went to another place to +speak, but was followed by the crowd, which refused to allow him to say +anything. The League was the machine of the Radical party, and all +candidates had to be governed by its edicts. Nominations to office were +usually made in its meetings.[1564] + +Every negro was _ex colore_ a member or under the control of the League. +In the opinion of the League, white Democrats were bad enough, but black +Democrats were not to be tolerated. The first rule was that all blacks +must support the Radical programme. It was possible in some cases for a +negro to refrain from taking an active part in political affairs. He might +even fail to vote. But it was martyrdom for a black to be a Democrat; that +is, try to follow his old master in politics. The whites, in many cases, +were forced to advise their faithful black friends to vote the Radical +ticket that they might escape mistreatment. There were numbers of negroes, +as late as 1868, who were inclined to vote with the whites, and to bring +them into line all the forces of the League were brought to bear. They +were proscribed in negro society, and expelled from negro churches, nor +would the women "proshay" (appreciate) a black Democrat. The negro man who +had Democratic inclinations was sure to find that influence was being +brought to bear upon his dusky sweetheart or wife to cause him to see the +error of his ways, and persistent adherence to the white party would +result in the loss of her. The women were converted to Radicalism long +before the men, and almost invariably used their influence strongly for +the purpose of the League. If moral suasion failed to cause the delinquent +to see the light, other methods were used. Threats were common from the +first and often sufficed, and fines were levied by the League on +recalcitrant members. In case of the more stubborn, a sound beating was +usually effective to bring about a change of heart. The offending darky +was "bucked and gagged," and the thrashing administered, the sufferer +being afraid to complain of the way he was treated. There were many cases +of aggravated assault, and a few instances of murder. By such methods the +organization succeeded in keeping under its control almost the entire +negro population.[1565] The discipline over the active members was +stringent. They were sworn to obey the orders of the officials. A negro +near Clayton disobeyed the "Cap'en" of the League and was tied up by the +thumbs; and another for a similar offence was "bucked" and whipped. A +candidate having been nominated by the League, it was made the duty of +every member to support him actively. Failure to do so resulted in a fine +or other more severe punishment, and members that had been expelled were +still under the control of the officials.[1566] + +The effects of the teachings of the League orators were soon seen in the +increasing insolence and defiant attitude of some of the blacks, in the +greater number of stealings, small and large, in the boasts, demands, and +threats made by the more violent members of the order. Most of them, +however, behaved remarkably well under the circumstances, but the few +unbearable ones were so much more in evidence that the suffering whites +were disposed to class all blacks together as unbearable. Some of the +methods of the Loyal League were similar to those of the later Ku Klux +Klan. Anonymous warnings were sent to the obnoxious individuals, houses +were burned, notices were posted at night in public places and on the +doors of persons who had incurred the hostility of the League.[1567] In +order to destroy the influence of the whites where kindly relations still +existed, an "exodus order" was issued through the League, directing all +members to leave their old homes and obtain work elsewhere. This was very +effective in preventing control by the better class of whites. Some of the +blacks were loath to leave their old homes, but to remonstrances from the +whites the usual reply was: "De word done sont to de League. We got to +go."[1568] + +In Bullock County, near Perote, a council of the League was organized +under the direction of a negro emissary, who proceeded to assume the +government of the community. A list of crimes and punishments was adopted, +a court with various officials established, and during the night all +negroes who opposed them were arrested. But the black sheriff and his +deputy were arrested by the civil authorities. The negroes then organized +for resistance, flocked into Union Springs, the county seat, and +threatened to exterminate the whites and take possession of the county. +Their agents visited the plantations and forced the laborers to join them +by showing orders purporting to be from General Swayne, giving them the +authority to kill all who resisted them. Swayne sent out detachments of +troops and arrested fifteen of the ringleaders, and the Perote government +collapsed.[1569] + +When first organized in the Black Belt, and before native whites were +excluded from membership, numbers of whites joined the League upon +invitation in order to ascertain its objects, to see if mischief were +intended toward the whites, and to control, if possible, the negroes in +the organization. Most of these became disgusted and withdrew, or were +expelled on account of their politics. In Marengo County several white +Democrats joined the League at McKinley in order to keep down the +excitement aroused by other councils, to counteract the evil influences of +alien emissaries, and to protect the women of the community, in which but +few men were left after the war. These men succeeded in controlling the +negroes and in preventing the discussion of politics in the meetings. The +League was made simply a club where the negroes met to receive advice, +which was to the effect that they should attend strictly to their own +affairs and vote without reference to any secret organization. Finally, +they were advised to withdraw from the order.[1570] + +[Illustration: FACSIMILE OF PAGE FROM UNION LEAGUE CONSTITUTION.] + +For two years, 1867-1869, the League was the machine in the Radical party, +and its leaders formed the "ring" that controlled party action. +Nominations for office were regularly made by the local and state +councils. It is said that there were stormy times in the councils when +there were more carpet-baggers than offices to be filled. The defeated +candidate was apt to run as an independent, and in order to be elected +would sell himself to the whites. This practice resulted in a weakening of +the influence of the machine, as the members were sworn to support the +regular nominee, and the negroes believed that the terrible penalties +would be inflicted upon the political traitor. The officers would go among +the negroes and show their commissions, which they pretended were orders +from General Swayne or General Grant for the negroes to vote for +them.[1571] A political catechism of questions and answers meant to teach +loyalty to the Radical party was prepared in Washington and sent out among +the councils, to be used in the instruction of negro voters.[1572] + +After it was seen that existing political institutions were to be +overturned, the white councils and, to a certain extent, the negro +councils became simply associations for those training for leadership in +the new party soon to be formed in the state by act of Congress. The few +whites who were in control did not care to admit more white members, as +there might be too many to share in the division of the spoils. Hence we +find that terms of admission were made more stringent, and, especially +after the passage of the Reconstruction Acts, in March, 1867, many +applicants were rejected. The alien element was in control of the League. +The result was that where the blacks were numerous the largest plums fell +to the carpet-baggers. The negro leaders,--politicians, preachers, and +teachers,--trained in the League, acted as subordinates to the white +leaders in controlling the black population, and they were sent out to +drum up the country negroes when elections drew near. They were also given +minor positions when offices were more plentiful than carpet-baggers. All +together they received but few offices, which fact was later a cause of +serious complaint. + +The largest white membership of the League was in 1865-1866, and after +that date it constantly decreased. The largest negro membership was in +1867 and 1868. Only the councils in the towns remained active after the +election of 1868, for after the discipline of 1867 and 1868 it was not +necessary to look so closely after the plantation negro, and he became a +kind of visiting member of the council in the town.[1573] The League as an +organization gradually died out by 1869, except in the largest towns. Many +of them were transformed into political clubs, loosely organized under +local political leaders. The Ku Klux Klan undoubtedly had much to do with +breaking up the League as an organization. The League as the ally and +successor of the Freedmen's Bureau was one of the causes of the Ku Klux +movement, because it helped to create the conditions which made such a +movement inevitable.[1574] In 1870 the Radical leaders missed the support +formerly given by the League, and an urgent appeal was sent out all over +the State from headquarters in New York by John Keffer and others +advocating the reëstablishment of the Union Leagues to assist in carrying +the elections of 1870.[1575] + +However, before its dissolution, the League had served its purpose. It +made it possible for a few outsiders to control the negro by alienating +the races politically, as the Bureau had done socially. It enabled the +negroes to vote as Radicals for several years, when without it they either +would not have voted at all or they would have voted as Democrats along +with their former masters. The order was necessary to the existence of the +Radical party in Alabama. No ordinary political organization could have +welded the blacks into a solid party. The Freedmen's Bureau, which had +much influence over the negroes for demoralization, was too weak in +numbers to control the negroes in politics. The League finally absorbed +the personnel of the Bureau and inherited its prestige.[1576] + + + + +PART VI + +CARPET-BAG AND NEGRO RULE + + + + +CHAPTER XVII + +TAXATION AND THE PUBLIC DEBT + + +Taxation during Reconstruction + +After the war it was certain that taxation would be higher and expenditure +greater, both on account of the ruin caused by the war that now had to be +repaired, and because several hundred thousand negroes had been added to +the civic population. Before the war the negro was no expense to the state +and county treasuries; his misdemeanors were punished by his master. Yet +neither the ruined court-houses, jails, bridges, roads, etc., nor the +criminal negroes can account for the taxation and expenditure under the +carpet-bag régime. During the three and a half years after the war, under +the provisional governments, most of the burned bridges, court-houses, and +other public buildings had been replaced; and there were relatively few +negroes who were an expense to the carpet-bag government. + +After the overthrow of Reconstruction, Governor Houston stated that the +total value of all property in Alabama in 1860 was $725,000,000, and that +in 1875 it was $160,000,000.[1577] In 1866 the assessed valuation was +$123,946,475;[1578] in 1870 it was $156,770,385,[1579] and in 1876, after +ten years of Reconstruction, it was $135,535,792.[1580] Before the war the +taxes were paid on real estate and slaves. In 1860 the taxes were paid +upon slave property assessed at $152,278,000, and upon real estate +assessed at $155,034,000.[1581] + +Although there was some property left in 1865, the owners could barely pay +taxes on it. The bank capital was gone, and no one had money that was +receivable for taxes. Consequently, it was impossible to collect general +taxes, and the state government was obliged to place temporary loans and +levy license taxes. No regular taxes were collected during 1865 and 1866. +The first regular tax was levied in 1866, and was collected in time to be +spent by the Reconstruction convention.[1582] For four years after the +surrender the crops were bad, and when called good they were hardly more +than half of the crops of 1860.[1583] However, if no state taxes were paid +by the impoverished farmers, there still remained the heavy Federal tax of +$12.50 to $15 per bale on all cotton produced. + +The rate of taxation before the war on real estate and on slaves was +one-fifth of one per cent. After the war the taxes were raised by the +provisional government to one-fourth of one per cent, and license taxes +were added. The reconstructed government at once raised the rate to +three-fourths of one per cent on property of all descriptions,[1584] and +added new license taxes, more than quadrupling the former rate. Under +Lindsay, the Democratic governor in 1871-1872, the rate was lowered to +one-half of one per cent. The assessment of property under Reconstruction +was much more stringent than before. There were only five other states +that paid a tax rate as high as three-fourths of one per cent, and four of +these were southern states.[1585] + +Before the war the county tax was usually 60 per cent of the state tax, +never more. The city and town tax was insignificant. After the war the +town and city taxes were greatly increased, the county tax was invariably +as much as the state tax, and many laws were passed authorizing the +counties to levy additional taxes and to issue bonds. The heaviest burdens +were from local taxation, not from state taxes.[1586] In Montgomery +County, the county taxes before the war had never been more than $30,000, +and had been paid by slaveholders and owners of real estate. During +Reconstruction the taxes were never less than $90,000, and every one +except the negroes had to pay on everything that was property. In fact, +the taxes in this county were about quadrupled.[1587] In Marengo County +the taxes before the war were $12,000; after 1868 they were $25,000 to +$30,000, notwithstanding the fact that property had depreciated two-thirds +in value since the war. Land worth formerly $50 to $60 an acre now sold +for $3 to $15.[1588] In Madison County, the state taxes in 1858 were +$23,417.63 (gross); in 1870, $66,745.53 (net). The state land tax in 1858 +in the same county was $7,213.10; in 1870, $51,445.30. Madison County +taxes were:-- + + ====================================================== + | STATE TAX | COUNTY TAX | TOTAL + -----------|--------------|--------------|------------ + In 1859 | $26,633.71 | $13,316.85 | $39,950.56 + In 1869 | 65,410.85 | 65,410.85 | 130,821.70 + ====================================================== + +The general testimony was that the exemption laws relieved from taxation +nearly all the negroes, except those who paid taxes before the war.[1589] + +The following table will show the taxation for 1860 and 1870:-- + + ============================================================ + | CENSUS VALUATION | STATE TAX | COUNTY TAX | TOWN TAX + -----|-------------------|-----------|------------|--------- + 1860 | $432,198,762[1590]| $530,107 | $309,474 | $11,590 + 1870 | 156,770,387 | 1,477,414 | 1,122,471 | 403,937 + ============================================================ + + +Administrative Expenses + +TABLE OF RECEIPTS AND EXPENDITURES OF THE STATE GOVERNMENT + + ============================================ + YEAR| RECEIPTS | EXPENDITURES + ----|-------------------|------------------- + 1860| ---- | $530,107.00 + 1865|$1,626,782.93[1591]| 2,282,355.97[1591] + 1866| 62,967.80[1592]| 606,494.39[1593] + 1867| 691,048.86 | 819,434.85[1594] + 1868| 724,760.56[1595]| 1,066,860.24[1595] + 1868| 1,788,982.43[1595]| 2,233,781.97[1595] + 1869| 686,451.02[1596]| 1,394,960.30 + 1870| 1,283,586.52 | 1,336,398.85 + 1871| 1,422,494.67[1597]| 1,640,116.99[1598] + 1872| ---- | ---- + 1873| 2,081,649.39 | 2,237,822.06[1599] + 1874| ---- | ---- + 1875| 725,000.00 | 500,000.00[1600] + 1876| 781,800.64 | 682,591.49 + 1886| 888,724.33 | 818,366.70 + ============================================ + +The average yearly cost of state, county, and town administration from +1858 to 1860 was $800,000; from 1868 to 1870, the average cost of the +state administration alone was $1,107,080, the cost of state, county, and +town government being at least $3,000,000.[1601] The provisional state +government disbursed in the year 1866-1867, $676,476.54, of which only +$262,627.47 was spent for state expenses; the remainder was used for +schools.[1602] + +The greater expenditure of the Reconstruction government can, in small +part, be explained by the greater number of officials and by the higher +salaries paid.[1603] + +SALARIES + + ====================================================================== + | BEFORE THE | DURING + | WAR | RECONSTRUCTION + -----------------------|-----------------|---------------------------- + Governor | $2,000.00 | $4,000.00 + Governor's clerk | 500.00 | 5,400.00, two + Secretary of State | 1,200.00 | 2,400.00, fees and charges + Treasurer | 1,800.00 | 2,800.00 + Departmental clerks | 1,000.00 each | 1,500.00 + Supreme Court judge | 3,000.00 | 4,000.00 + Circuit judges | 13,500.00 | 36,000.00 + Chancellors | 4,500.00 three | 15,000.00 + Member of Legislature, | | + _per diem_ | 4.00 | 6.00 + Stationery executive | | + departments | 1,200.00 | 12,708.77[1604] + ====================================================================== + +The administration of Lindsay to a great extent had to pay the debts of +the former administration. Expenses were curtailed when possible, and +notwithstanding the fact that the indorsed railroads defaulted in 1871, +the business of the state was conducted much more economically, and there +were fewer and smaller issues of bonds and obligations.[1605] The Senate, +however, had but one Democrat in it, and the House was only doubtfully +Democratic, as the Democratic members were young and inexperienced men or +else discontented scalawags.[1606] Consequently, the tide of corruption +and extravagance was merely checked, not stopped. The capitol expenses of +Smith and of Lindsay for a year make an instructive comparison:-- + + ========================================================== + | GOVERNOR SMITH | GOVERNOR LINDSAY + | 1869-1870 | 1871-1872 + -----------------------|----------------|----------------- + Contingent expenses | $47,197.28 | $20,531.84 + Stationery, fuel, etc. | 24,310.07 | 8,847.23 + Clerical services | 27,883.77 | 21,883.03 + Public printing | 80,279.18 | 49,716.43 + ========================================================== + +Other expenses, in so far as they were under the control of Lindsay, +formed a like contrast.[1607] The cost of holding sessions of the +legislature under the provisional government was $83,856.60 in 1865-1866, +and $83,852 in 1866-1867. Under Smith it was about $90,000 per session, +and there were three regular sessions the first year. One session +(1870-1871) under Lindsay cost $95,442.30, and two under Lewis, 1873-1874, +cost $175,661.50 and $166,602.65 respectively.[1608] The cost of keeping +state prisoners for trial was about $50,000 a year. The Reconstruction +legislature cut down expenses by passing a law to liberate criminals of a +grade below that of felon, upon their own recognizance.[1609] + +The Democrats complained of the way the reconstructionists spent the +contingent fund of the state. This abuse was never so bad as in other +southern states at the time, but still there was continual stealing on a +small scale. Some examples[1610] may be given: Governor Lewis spent $800 +on a short visit to New York and Florida;[1611] the governor's private +secretary received $21,000 for services rendered in distributing the +"political" bacon in 1874;[1612] the treasurer drew $1200 to pay his +expenses to Mobile and New York, though he had no business to attend to in +either place, and travelled on roads over which he had passes; ex-Governor +W. H. Smith, when attorney for the Alabama and Chattanooga Railroad, was +paid $500 by the state for services rendered in connection with his own +road, and the committee was unable to discover the nature of these +services; the secretary of state charged $952 for signing his name to +bonds, though it was his constitutional duty to do so without charge; a +bill of stationery from Benedict of New York cost $7761.58, when the bid +of Joel White of Montgomery on the same order was $4336.54; $50 was +allowed to John A. Bingham (presumably a relative of the treasurer) for +signing enough bonds to purchase a farm for the penitentiary. Such +purchases as these were common: one refrigerator, $65; one looking-glass, +$5; one clothes-brush, $1.50. Very few of the small accounts against the +contingent fund were itemized. In no case were any of them accounted for +by proper vouchers. The private secretary of the governor was in the habit +of approving and allowing accounts against the contingent fund, even going +so far as to approve the governor's own accounts. The Investigating +Committee said that the private secretary seemed to be the acting +governor.[1613] + +The Florida commissioners, J. L. Pennington, C. A. Miller, and A. J. +Walker, who were appointed to negotiate for the cession to Alabama of West +Florida, spent $10,500, of which Walker, the Democratic member, spent +$516, and Miller and Pennington spent the remainder, "according to the +best judgment and discretion" of themselves. They claimed that part of it +was used to entertain the Florida commissioners, and part to influence the +elections in West Florida.[1614] + +The governor was accused of transferring appropriations. In one case, he +drew out of the treasury $484,346.76, ostensibly to pay the interest on +the public debt, and used it for other purposes. A committee appointed to +investigate was able to trace all of it except $75,196.56, which sum could +not be accounted for. The accounts were carelessly kept. The auditor, +treasurer, and governor never seemed to know within a million or two of +dollars what the public debt was. The reports for the period from 1868 to +1875 do not show the actual condition of the finances, and the Debt +Commission in 1875 was unable to get accurate information from the state +records, but had to advertise for information from the creditors and +debtors of the state.[1615] + + +Effect on Property Values + +The misrule of the Radicals in Alabama resulted in a general shrinkage in +values after 1867, especially in the Black Belt, where financial and +economic chaos reigned supreme, and where the carpet-bagger flourished +supported by the negro votes. Recuperation was impossible until the rule +of the alien was overthrown. This was done in some of the white counties +in 1870. At that date land values were still 60 per cent below those of +1860, and the numbers of live stock 40 per cent below. This was due +largely to the condition of the Black Belt counties under the control of +the Radicals.[1616] + +Thousands of landowners were unable to pay the taxes assessed, and their +farms were sold by the state. The _Independent Monitor_, on March 8, 1870, +advertised the sale of 1284 different lots of land (none less than forty +acres) in Tuscaloosa County, and the next week 2548 more were advertised +for sale, all to pay taxes. Often, it was complained, the tax assessor +failed to notify the people to "give in" their taxes, and thus caused them +trouble. In some cases, where costs and fines were added to the original +taxes, it amounted to confiscation. In 1871, F. S. Lyon exhibited before +the Ku Klux Committee a copy of the _Southern Republican_ containing +twenty-one and a half columns of advertised sales of land lying in the +rich counties of Marengo, Greene, Perry, and Choctaw.[1617] One Radical +declared that he wanted the taxes raised so high that the large +landholders would be compelled to sell their lands, so that he, and others +like him, could buy.[1618] Property sold for taxes could be redeemed only +by paying double the amount of the taxes plus the costs. A tax sale deed +was conclusive evidence of legal sale, and was not a subject for the +decision of a court.[1619] + +There were hundreds of mortgage sales in every county of the state during +the Reconstruction period. At these sales everything from land to +household furniture was sold. The court-house squares on sale days were +favorite gathering places for the negroes, who came to look on, and a +traveller, in 1874, states that in the immense crowds of negroes at the +sales there were some who had come a distance of sixty miles.[1620] Each +winter, from 1869 to 1875, there was an exodus of people to Texas and to +South America, driven from their homes by mortgages, taxes, the condition +of labor, and corrupt government. Landowners sold their lands for what +they would bring and went to the West, where there were no negroes, no +scalawags, and no carpet-baggers.[1621] + +Most of the farmers and tenants of that period were unable to send their +children to school and pay tuition. The reconstructed school system failed +almost at the beginning. Consequently, tens of thousands of children grew +up ignorant of schools, most of them the children of parents who had had +some education. Hence the special provision for them in the constitution +of 1901. The first Democratic legislature restricted taxation to +three-fifths of one per cent and local taxation to one-half of one per +cent. The rates were lowered gradually, until in the early nineties the +rate was only two-fifths of one per cent. Since that time, the rate has +again increased until in 1899 the state tax was again three-fourths of one +per cent, the increase being used for Confederate pensions and for +schools. + +But in addition to the expenditure of the sums raised by extraordinary +taxation, the Reconstruction administration greatly increased the bonded +debt of the state and by mortgaging the future left a heavy burden upon +the people that has as yet been but slightly lessened. + + +The Public Bonded Debt + +After 1868 it is impossible to ascertain what the public debt of the state +was at any given time until 1875, when the first Democratic legislature +began to investigate the condition of the finances. + +In 1860 the total debt--state bonds and trust funds--was $5,939,654.87 +(and the bonded debt was $3,445,000), most of which was due to the failure +of the state bank. The payment of the war debt, which amounted to +$13,094,732.95, was forbidden by the Fourteenth Amendment. In 1865 the +total bonded debt with three years' unpaid interest was $4,065,410, while +the trust funds amounted to $2,910,000. Governor Patton reissued the bonds +to the amount of $4,087,800, and the sixteenth section and the university +trust funds with unpaid interest raised the total debt, in 1867, to +$6,130,910. In July, 1868, when the state went into the hands of the +reconstructionists, the total debt was $6,848,400. The provisional +government had been increasing the debt because no taxes were collected +during 1865 and 1866. Taxes were collected in 1867, but before the end of +1868 the debt amounted to $7,904,398.92, and after that date no one knew, +nor did the officials seem to care, exactly how large it was.[1622] + +State and county and town bonds were issued in reckless haste by the +plunderers, but the reports do not show the amounts issued; no correct +records were kept. The acts of the legislature authorized the governor to +issue about $5,000,000 state bonds, besides the direct bonds issued to +railroads, which amounted to about $4,000,000 not including interest. The +counties, besides being authorized to levy heavy additional taxes, were +permitted to issue bonds for various purposes.[1623] A number of acts gave +the counties general permission to issue bonds, but there are no records +accessible of the amounts raised. There were issues of town and county +bonds without legislative authorization. This practice is said to have +been common, but in the chaotic conditions of the time little attention +was paid to such things and no records were kept. + +To dispose of its bonds the state had a large number of financial agents +in the North and abroad. Some of these made no reports at all; others +reported as they pleased. Certain bonds were sold in 1870 by one of the +financial agents, and two years later the proceeds had not reached the +treasury or been accounted for. In like manner some bond sales were +conducted in 1871 and in 1872.[1624] Not only was no record kept of the +issues of direct and indorsed bonds, but no records were kept of the +payment of interest and of the domestic debts of the state. Some of the +financial agents exercised the authority of auditor and treasurer and +settled any claim that might be presented to them. Some agents, who paid +interest on bonds, returned the cancelled coupons; others did not. In +Governor Lewis's office $20,000 in coupons were found with nothing to show +that they had been cancelled. One lot of bonds was received with every +coupon attached, yet the interest on these had been paid regularly in New +York.[1625] + +Provision was made for the retirement of all "state money"; but if the +treasury was empty when it came in, it was apt to be reissued without any +authority of law. A large sum was returned, but no record was made of it, +and it was not destroyed. Later it was discovered among a mass of waste +paper, where any thief might have taken it and put it again into +circulation. One transaction may be cited as an illustration of the +management of the finances: in 1873 the state owed Henry Clews & Company +$299,660.20. Governor Lewis gave his notes (twelve in number) as governor, +for the amount, and at the same time deposited with Clews as collateral +security $650,000 in state bonds. Clews, when he failed, turned over the +governor's notes to the Fourth National Bank of New York, to which he was +indebted. He had already disposed of, so the state claimed, the $650,000 +in bonds which he held as collateral security; and a year later, according +to the Debt Commission, he still made a claim against the state for +$235,039.43 as a balance due him. Thus a debt of $299,660.20 had grown in +the hands of one of the state agents to $1,184,689.63, besides +interest.[1626] + +In 1872 it was estimated that the general liabilities of the state, +counties, and towns amounted to $52,762,000.[1627] The country was flooded +with temporary obligations receivable for public dues, and the tax +collectors substituted these for any coin that might come into their +hands. There was much speculation in the depreciated currency by the state +and county officials. During Lewis's first year (1873), the state bonds +were quoted at 60 per cent, but on November 17, 1873, he reported, "This +department has been unable to sell for money any of the state bonds during +the present administration." He raised money for immediate needs by +hypothecation of the state securities. Thus came about the remarkable +transaction with Clews. The state money went down to 60 per cent, then to +40 per cent before the elections of 1874, and at one time state bonds sold +for cash at 20 and 21 cents on the dollar.[1628] + + +The Financial Settlement + +After the overthrow of the Radicals in 1874 taxation was limited, +expenditures were curtailed, and the administration undertook to make some +arrangement in regard to the public debt. For two years the state had been +bankrupt; for nearly four years the railroads aided by the state had been +bankrupt; the debt was enormous, but how large no one knew. A commission, +consisting of Governor Houston, Levi W. Lawler, and T. B. Bethea, was +appointed to ascertain and adjust the public debt.[1629] After advertising +in the United States and abroad, the commission found a debt amounting in +round numbers to $30,037,563. Some claims were not ascertained; many +creditors or claimants not being heard from and many fraudulent bonds not +being presented. The debt was divided into four classes: (1) the +_recognized_ direct debt, consisting of state bonds (exclusive of bonds +issued to railroads), state obligations, state certificates or "Patton +money," unpaid interest and other direct debts of the state,--in all, +amounting to $11,677,470; (2) the state bonds issued to railroads under +the law providing for the substitution of $4000 state bonds per mile +instead of $16,000 per mile in indorsed bonds, which in all amounted to +$1,156,000; (3) a class of claims of doubtful character, among them that +of Henry Clews & Company, amounting in all to $2,573,093; (4) the indorsed +bonds of the state-aided railroads, amounting to $11,597,000 (several +millions having been retired), and state bonds loaned to railroads,--which +debt, with the unpaid interest on the same, amounting to $3,024,000, was +in all $14,641,000. + +SUMMARY OF DEBT + + Class One $11,667,470 + Class Two 1,156,000[1630] + Class Three 2,573,093 + Class Four 14,641,000 + ----------- + Total $30,037,563[1631] + +The interest on this debt at the legal rate of 8 per cent would be over +$2,000,000, more than twice the total yearly income of the state. The +commission and the legislature declared that in the present condition of +the finances the state could not pay the interest, that it would be +several years before the state could pay any interest at all. Moreover, it +could not recognize as valid many items in the great debt. After +conference with the representatives of the more innocent creditors, the +debt was thus adjusted:-- + +I. (_a_) The state proposed for the next few years to confine its +attention to paying domestic claims and to retiring state obligations. +(_b_) New bonds were issued to the amount of $7,000,000, to be exchanged +for outstanding state bonds sold by the state to _bona fide_ purchasers. +These bonds, known as Class A, were to draw interest for five years at 2 +per cent, for the next five years at 3 per cent, at 4 per cent for the +next ten years, and thereafter at 5 per cent. These bonds were issued to +the most innocent creditors and constituted the least questionable part of +the debt. + +II. On the $1,192,000 railroad debt of Class Two the state accepted a +clear loss of one-half, and issued $596,000 in bonds, known as Class B, to +be exchanged at the rate of one for two. These bonds drew interest at 5 +per cent. + +III. Class Three was the worst of all, and none of the items were at the +time recognized, though the commissioners were authorized to take $310,000 +of Class A bonds and distribute the amount among the innocent holders of +the $650,000 bonds sold by Henry Clews when held by him as collateral. The +other Clews claims were emphatically repudiated as fraudulent. + +IV. Class Four was more complicated. (_a_) The state gave $1,000,000 in +bonds, Class C, drawing interest at 2 per cent for five years and at 4 per +cent thereafter, to the holders of the Alabama and Chattanooga first +mortgage indorsed bonds. The state was then relieved of further +responsibility. (_b_) To the holders of the $2,000,000 state bonds issued +to the Alabama and Chattanooga road, and which the commissioners were +inclined to consider fraudulent, the state transferred its lien on the +property of the Alabama and Chattanooga road, provided the bonds be +returned to the governor. + +The claims of the holders of the indorsed bonds of five other railroads +were left for future settlement. They were declared fraudulent, and the +state finally declined to recognize them. The Montgomery and Eufaula road +had a loan of $300,000 in state bonds and an indorsement of $960,000. The +road was sold for $2,129,000, and the state was secured against further +loss.[1632] + +This act of settlement caused the issue of $8,596,000 in bonds. There were +besides several millions more in bonds, state obligations, claims, etc. +The Commission reported that the innocent holders of the bonds were very +reasonable in their demands.[1633] Henry Clews declined to give the +Commission any information in regard to his agency for the state, but the +Commission declared that he had in his possession, or had transferred +improperly, coupons on which interest had been paid, and which he had not +surrendered to the state. They recommended a fresh repudiation of any +claim founded on Clews' securities.[1634] The Commission also discovered +that Josiah Morris & Company of Montgomery had possession of $650,000 in +state bonds which they refused to release without legal proceedings.[1635] +There is not available sufficient evidence on which to base an account of +the history of town and county debts. Some towns, unable to pay, gave up +their charters; others still pay interest on the carpet-bag debt. For +years in several counties the income was not large enough to pay the +interest on its Reconstruction debt. + +After the arrangement of state obligations, the state debt soon rose to +par and above. The Democratic administration was economical even to +stinginess. Salaries were everywhere reduced 25 per cent, the pay of the +members of the legislature from $6 to $4 per day, and mileage from 40 +cents to 10 cents.[1636] The people of the state even complained of too +much economy. It was said that a "deadhead" could not borrow a sheet of +writing paper in the capitol, nor in a county court-house. + +There was not an honest white person who lived in the state during +Reconstruction, nor a man, woman, or child, descended from such a person, +who did not then suffer or does not still suffer from the direct results +of the carpet-bag financiering. Homes were sold or mortgaged; schools were +closed, and children grew up in ignorance; the taxes for nearly twenty +years were used to pay interest on the debt then piled up. Not until 1899 +was there a one-mill school tax (until then the interest paid on the +Reconstruction debt was larger than the school fund), and not until 1891 +was the state able to care for the disabled Confederate soldiers. The debt +has been slightly decreased by the retirement of state obligations, but +the bonded debt remains the same. In 1902 it was $9,357,600, on which an +annual interest of $448,680 was paid,[1637] about one-fourth of the total +income of the state. + +The corrupt financiering in itself was not, by any means, the worst part +of Reconstruction. It was only a phase of the general misgovernment. +Though the whites were conservative and economical during the period of +the provisional government and did not spend money or pledge credit +recklessly, yet when the carpet-baggers began to loot the treasury, the +people were not at first alarmed. Many were in sympathy with any honest +scheme to aid internal improvements. Their Confederate experience made +them accustomed to the appropriations of large sums--in paper. + +Though from the first there were several newspapers that denounced the +financial measures of the reconstructionists and warned purchasers against +buying the bonds issued under doubtful authority, still it was only the +thinking men who understood from the beginning the danger of financial +wreck. When the railroads became bankrupt, the people began to understand, +and when the state failed two years later to meet its obligations, they +had learned thoroughly the condition of affairs. Extraordinary taxation +had helped to teach them. + + + + +CHAPTER XVIII + +RAILROAD LEGISLATION AND FRAUDS + + +Federal and State Aid to Railroads before the War + +For forty years before the Civil War there was a feeling on the part of +many thoughtful citizens that the state should extend aid to any +enterprise for connecting north and south Alabama. It was an issue in +political campaigns; candidates inveighed against the political evils +resulting from the unnatural union of the two sections. South Alabama was +afraid that the northern section wanted connections with Charleston and +the Atlantic seaboard, and not with Mobile and the Gulf; the planters of +the Black Belt wanted the mineral region made accessible; the merchants of +Mobile wanted all the trade from north Alabama; the Whig counties of south +and central Alabama wanted closer connections with the white counties for +the purpose of enlightening them and preventing the continual Democratic +majorities against the Black Belt at elections. + +At first it was proposed to build plank roads and turnpikes between the +sections and thus bring about the desired unity. These failed, and then +there was a demand for railroads. There were also other reasons for +internal improvements. Not only ought the two antagonistic sections to be +consolidated, but emigration to the West must be prevented, for thousands +of the citizens of the state had gone to Texas during the two decades +before the war. There was a general feeling that the state only needed +railroads to make it immensely wealthy, and a large "western" element +demanded that the state or the Federal government assist in thus +developing the resources of the state and in uniting its people. During +the session of 1855-1856, though the governor vetoed thirty-three bills +passed in aid of railroads, still the legislature voted $500,000 to two +roads. + +However, conservative sentiment, strict constructionist theories, +sectional jealousies, and the knowledge of the sad experience of the +state in other public enterprises[1638] operated against state aid to +internal improvements, and before the $500,000 bonds were issued the act +appropriating them was repealed, thus putting an end to the last attempt +at direct state aid before the war.[1639] + +In 1850 Senator Douglas of Illinois began the policy of Federal aid to +railroads by securing the passage of a bill in aid of the Illinois Central +Railroad. The Alabama delegation was then opposed to such a measure, but +Douglas visited Alabama, conferred with the directors of the Mobile +Railroad, and promised to include that road in his bill in return for the +support of the Representatives and Senators from Alabama and Mississippi. +The directors then brought influence to bear, and the two state +legislatures instructed their congressmen to support the measure, which +was passed. + +Thus began the Federal policy of granting alternate sections of public +land along a road to the state for the corporation. Later, the grants were +made directly to the corporation. Before 1857, land to the extent of +307,373 acres had been granted to Alabama railroads,[1640] and liberal aid +had also been given for improving the river system of the state.[1641] By +the act of admission to the Union in 1819, Alabama was entitled to 5 per +cent of the proceeds from the sales of public lands, to be used for +internal improvements. Three per cent was to be expended by the +legislature, and 2 per cent by Congress. In 1841 Congress relinquished the +"two per cent fund" to the state to aid railroads and other public +enterprises from "east to west" and from "north to south." The State Bank +failed and the "three per cent fund" was lost, but the legislature assumed +it as a debt and issued state bonds to the railroads to the amount of +$858,498. The "two per cent fund" was loaned before the war as follows:-- + + To east and west roads $256,438.85 + To north and south roads 202,551.02 + Balance 52,246.23 + ----------- + Total $511,236.10[1642] + +In 1850 there were two railroads in the state with a total of 132.5 miles +of track, which cost $1,946,209. In 1860, there were eleven roads, 743 +miles long, costing $17,591,188.[1643] During the Civil War the roads +received much aid from the state and Confederate governments, though +during this time only a few miles of track were built and some grading +done. At the end of the war all were completely worn out or had been +destroyed. The want of railroad communication with the armies and between +the various sections of the state caused much suffering among soldiers and +civilians, and after the war the people were more than ever anxious to +have roads built. For two years the railway companies were busy repairing +the old roads, but by 1867 popular opinion demanded new roads. + + +General Legislation in Aid of Railroads + +The provisional legislature, on February 19, 1867, passed an act which +served as a basis for all later legislation. The governor was authorized +to indorse its first mortgage bonds to the extent of $12,000 per mile, +when 20 miles of a new road should have been completed, and to continue +the indorsement at that rate as the road was built. No indorsed bonds were +to be sold by the road for less than 90 cents on the dollar, and the +proceeds were to be used only for construction and equipment. The state +was to have two directors, appointed by the governor, on the board of each +road receiving state aid.[1644] The Reconstruction Acts of Congress were +passed a few days later, however, and there was no opportunity for this +law to go into effect. + +The first Reconstruction legislature[1645] increased the endowment to +$16,000 a mile, authorized the indorsement of bonds in five-mile blocks +instead of twenty-mile blocks, as before, and to the roads that proposed +to extend outside of the state it promised aid for 20 miles beyond the +boundaries of the state.[1646] The next session Governor Smith, in a +message to the legislature, stated that the indorsement law was +defective; that he was in favor of lending the credit of the state, but +objected to a general statute requiring indorsement of any road; that +there was danger that the roads would depend entirely upon indorsement and +would have no paid-up capital; moreover, taking advantage of the railroad +fever, roads would be built where they were not needed; that aid should be +given only to those capitalists whose enterprises promised success. +Finally, he advised that the law be repealed and aid be given only in +specific cases.[1647] + +The legislature responded to the Governor's message by another general +law, practically reënacting the former laws. By its provisions proof was +required that the five-mile block had been built and that the road-bed, +rails, bridges, and cross-ties were in good order, before the first issue +of the bonds was made. The company was to show what use was made of the +bonds. The indorsement was to constitute a first lien in favor of the +state, and in case of default of interest by the road, the governor was to +seize and sell the road if necessary.[1648] A few days later a sweeping +measure was passed, declaring that all acts and "things done in the state" +for railroad purposes were ratified and made legal.[1649] This was the +last general legislation enacted while the railroad boom continued. +Governor Lindsay and the pseudo-Democratic lower house stood out against +railroad legislation, and the indorsed roads were in bad condition when +the next scalawag governor was elected. Under Governor Lewis, in 1873, an +act was passed to relieve the state of some of its obligations. Roads +entitled to an indorsement might take instead a loan of $4,000 per mile in +state bonds, and roads already indorsed might exchange indorsed bonds for +state bonds at the rate of four for one. But no state bonds were to be +given for fraudulent issues of indorsed bonds, and when exchanges were +made the road was released from all obligations to the state.[1650] Had +the roads accepted this offer, the state would have suffered only a loss +of $482,000 in interest each year. However, from this time on the state +authorities were busy trying to extricate the state from the bankruptcy +caused by indorsing the railroad bonds. + + +The Alabama and Chattanooga Railroad + +The Alabama and Chattanooga Railroad was the first of the roads to apply +for aid under the indorsement law, and was in the worst condition. The +story of this road is the story of all, only of greater length and more +disgraceful. The Alabama and Chattanooga Railroad Company was made up of +two older corporations, which, passing into the hands of Boston +financiers, united in order to secure the spoils from the state. Before +the union the officials had secured special legislation for one of the old +roads, the Wills Valley. The sharpers who were engineering the scheme had +agents at Montgomery when the Reconstruction legislature met, and these +were instrumental in having the indorsement raised from $12,000 to $16,000 +a mile. The second corporation was the Northeast and Southwest Alabama +Railroad.[1651] The proposed road would be 295 miles long, and when +completed would be entitled to $4,720,000 from the state in indorsed +bonds. The law was explicit in regard to indorsation, but Governor Smith, +notwithstanding his opposition to the principle of the law, was criminally +careless, if no worse, in the way he administered it. The first 20 miles +were not built as required by law, but were purchased from the old +Northeast and Southwest Alabama Railroad. Moreover, the road was never +properly equipped, and the 20 miles from Chattanooga, on which indorsement +amounting to $320,000 was secured, were only rented from another +corporation (which was already indorsed to the amount of $8000 per mile by +the state of Georgia), and the rent was paid from the proceeds of the +indorsed bonds, which by law should have been applied only to construction +and equipment. Nor was the rented road equipped.[1652] + +The indorsed bonds of the road to November 15, 1869, amounted to +$1,800,000,[1653] and Auditor Reynolds reported in 1870 that the +indorsement to September 30, 1870, was $3,840,000 on 240 miles.[1654] +These figures should have been correct, but they were not. In fact, 240 +miles had been roughly finished, but the indorsement was far above the +legal limit. On December 5, 1870, a few days before he retired from +office, Smith reported to the legislature that he had indorsed the Alabama +and Chattanooga road for $4,000,000 for 250 miles.[1655] The facts, as +afterwards disclosed, were that only 240 miles were completed, and of +these only 154 were in Alabama. Yet he had issued bonds to the amount of +$4,720,000, covering not only the whole 295 miles of the proposed road, +but also including $580,000 in excess of what the law allowed to the +completed road, which with equipment was worth only $4,018,388. So here +were $1,300,000 in bonds which were clearly fraudulent. There was no +further indorsement of this road.[1656] + +As if the enormous issue of indorsed bonds was not enough for the Stantons +of Boston, who were in control of the corporation, a second descent of +railroad promoters was made on the legislature in 1869-1870, and +$2,000,000 in direct state bonds were obtained for the Alabama and +Chattanooga Railroad. Indorsement was not enough for them. The act stated +that the bonds were to be issued from time to time as needed for use in +construction within the state, and in return the railroad lands were to be +mortgaged to the state.[1657] In order to secure the passage of this act, +the most shameful bribery was resorted to by the agents of the railroad +and of the New York capitalists who were financing the Stantons. One of +the Stantons came to Montgomery, also an agent from the banking house of +Henry Clews & Company, and agents from other houses interested in the +Stanton scheme. The Stantons themselves had no money except what they +received from the state. On February 4, 1870, the bill failed in the +House; but on February 5 a reconsideration was moved and the bill was +referred back to the committee with directions "to report within fifteen +minutes." The report was favorable, and the members having seen the light, +the bill was passed by a vote of 62 to 27.[1658] From the first, specific +charges of bribery had been made against those who, within three days, had +changed from active opposition to support of the measure.[1659] A year +later the House had a majority of young and inexperienced Democrats, and +they ordered an investigation. The Senate, with one solitary exception, +was still Radical. The investigation brought to light many unpleasant +facts relating to the methods employed in securing the passage of the +$2,000,000 appropriation and other railroad bills. Jerre Haralson, a negro +member, told his experience. Jerre was opposing the grant and posing as a +Democrat because he had not been sufficiently remembered on previous +occasions when the spoils were divided. Hearing that something was to be +divided, he went to Stanton's room, where, he said, there were many +members. Caraway, the negro member from Mobile, told Haralson that he +(Caraway) would not vote for the grant for less than $500. Stanton had +four rooms at the Exchange Hotel, to which, at his invitation, all the +purchasable members went. Stanton would take the members, one at a time, +into the hall, after which that member would leave. Haralson, to his +sorrow, was not called into the hall, but the next day he heard from the +other negro members that money was to be had, so he called again. Stanton +then accused Haralson of being a Democrat, but Haralson replied that he +had left that party, and after receiving a "loan" of $50, he went +home.[1660] + +George B. Holmes, of the firm of Holmes & Goldthwaite, bankers, testified +that Gilmer, president of the South and North Alabama Railroad (Stanton +had all the roads in need of "boodle" working with him), asked him for +$25,000 to be used at the capitol. Gilmer told Holmes that the banker of +the road had refused it, as had also the Farley bank. Finally, Farley and +Holmes each agreed to furnish $12,000 to Gilmer. John Hardy, the chairman +of the committee, had asked for $25,000 to oil the bearings of the +political machine, and for that amount had agreed to have the bill passed. +At the last moment Hardy demanded $10,000 more, which Holmes obtained from +Josiah Morris. The committee was thus gotten into condition "to report +within fifteen minutes," and the legislature made ready to accept the +report.[1661] Two years later, Governor Lindsay stated in his message that +the Alabama and Chattanooga $2,000,000 bill had not passed the legislature +by the two-thirds vote as required by law.[1662] The law provided for the +issue of the state bonds for $2,000,000 from time to time as the road was +completed. Instead, however, they were issued in reckless haste, within a +month, and hurried away to Europe for sale. The proceeds were used to +build a hotel and an opera house in Chattanooga, where Stanton was accused +of trying to imitate Fiske and Gould of Erie.[1663] + +When Governor Lindsay went into office, he could not find the "scratch of +a pen" relating to railroad indorsement. Governor Smith, as later +developments showed, had become careless with his bond indorsement and +kept no records, or else destroyed them or carried them away. Auditor +Reynolds reported in 1871 that his office had official knowledge only of +the indorsement of the Mobile and Montgomery road.[1664] In his message of +January 24, 1871, Lindsay said, "To what extent bonds under the various +statutes have been indorsed and issued by the state it is impossible to +inform you. No record can be found in any department of the action of the +executive in this regard." None of the securities required by law could be +found. Lindsay was unable to ascertain even the form of the indorsed +bonds, except those of the Mobile and Montgomery and the Montgomery and +Eufaula roads. Lindsay telegraphed to Smith's secretary, who replied that +there was no record of the bond issues except the certificates of the +railroad presidents. Lindsay found some of these, which were plain +certificates: "This is to certify that five more miles of the (----) +railroad has been finished." On each five-mile certificate, like the one +above, the road drew $80,000. Yet the law was strict in requiring proof of +completion, of good rails, bridges, road-bed, and equipment. At this time +45 or 50 miles of the Alabama and Chattanooga road had not been completed, +and 50 miles more had only a temporary track hastily thrown together in +order to get the indorsement. Governor Lindsay believed that the road as +planned promised great success, and was of the opinion that had the bonds +been issued according to law the road would have been completed. He had to +correspond with the railroad officials in order to ascertain the amount of +the bonds.[1665] A few days before Smith went out of office he reported +$4,000,000 indorsement on 244 miles of the Alabama and Chattanooga road. +Lindsay found no record of this. Almost immediately (January, 1871) the +Alabama and Chattanooga road defaulted in payment of interest, and Lindsay +was authorized by the legislature to go to New York and provide for the +payment of interest on 4000 bonds legally issued and held by innocent +purchasers.[1666] Statements were constantly appearing in the state press +that fraudulent issues had been made, and the Democratic papers were +warning purchasers against them, declaring that when the people of Alabama +again came into power, they had no intention of paying them. + +The carpet-bag régime had numerous financial agents in New York, +Philadelphia, Boston, London, Germany, and elsewhere. Most of the agents +in New York gave Lindsay assistance in his investigations. Souter & +Company stated they had sold 4000 first mortgage Alabama and Chattanooga +bonds (all that were legal), and 2000 state bonds for the Alabama and +Chattanooga Company, all for more than 90 cents on the dollar. Erlanger et +Cie., of Paris, had purchased the state bonds at 95 cents in gold. Lindsay +soon discovered that 1300 Alabama and Chattanooga bonds in excess had been +issued, 580 in excess of what the road would be entitled to when +completed. Braunfels of Erlanger et Cie. testified that he had loaned +$300,000 on 500 bonds numbered between 4000 and 4720. The trustees under +the first deed of trust held bonds 4720 to 4800 and had refused to sell +them, knowing them to be fraudulent; 344 bonds of the fraudulent excess +had been partly sold and partly hypothecated to Drexel & Company of +Philadelphia; thirty had been hypothecated to a firm in Boston for +locomotives. Lindsay saw some of these fraudulent bonds, which were signed +by Governor Smith and sealed with the seal of the state.[1667] Lindsay, +through the state agents, Duncan, Sherman, & Company, recognized as legal +the first 4000 of these indorsed bonds and the 2000 state bonds and +ordered interest to be paid on them. All the others were rejected as +fraudulent.[1668] + +The acts of February 25 and March 8, 1871,[1669] authorized the governor +to pay interest on the Alabama and Chattanooga bonds which were in the +hands of innocent purchasers on January 1, 1871. At that date at least 500 +of the fraudulent issue had not been sold. The other 700 or 800 bonds +numbered above 4000 were declared fraudulent by Lindsay on the ground that +the part of road which called for the extra bonds simply did not exist. At +this time he paid interest on the railroad bonds, amounting to +$545,000,[1670] and later to $834,000. No interest was paid on bonds held +by the road or hypothecated by its officials. The governor was authorized +to proceed against the road, and, in July 1871, Colonel John H. Gindrat, +the governor's secretary, was ordered to seize the road and act as +receiver. The road had ceased running two weeks before. Stanton claimed +that the default had been caused by the threats of repudiation, and when +Gindrat went to take charge every possible obstacle and embarrassment +were imposed by the company. Besides, at the Mississippi end of the line +the employees had seized the road in order to secure their pay. Gindrat +pacified them, and went slowly along the road toward Georgia, where he was +stopped at the state line. Not only had Alabama indorsed that part of the +road within Georgia and Tennessee, for $16,000 a mile, but Georgia had +also indorsed it for $8000 a mile, and the part within her boundaries she +seized. The governor was forced to employ a large number of attorneys and +institute legal proceedings, not only in Alabama, but also in Georgia, +Tennessee, Mississippi, and in the Federal courts. Bullock, the carpet-bag +governor of Georgia, would not run the road in Georgia in connection with +the Alabama section, and not until there was a new governor (Conley) could +connections be made over the whole line.[1671] + +For his action in repudiating the fraudulent bonds and in seizing the +road, Lindsay was much abused by all the railroad interests, by the hungry +promoters who wanted more money from the state, and by a section of his +own party which was influenced by prominent Democrats who were officers of +the road,[1672] and especially by influential Democratic lawyers. This +fact was important in weakening the Democratic cause in 1872. There were +some who opposed the seizure of the road because they believed that in the +then unsettled condition of affairs the state would not be able to manage +the road successfully; there were others who believed that the state +should not acknowledge the legality of the indorsement by seizure of the +road. The Debt Commission in 1876 reported that, although the laws were +strict, yet they had been violated in letter and in spirit before +indorsement. But though many (including the Debt Commission) believed the +issues illegal, yet by the seizure of the road the state acknowledged the +obligations.[1673] + +The history of the road while in the hands of the state authorities was +not pleasant to Democrat or Radical. The state had first seized the +section of the road that was in Alabama, and had gone into the state +courts to get the remainder. The litigation promised to be endless, and +the case was taken to the Federal courts. Finally the road was sold at a +bankrupt sale, and Lindsay purchased it for the state, paying $312,000. +The Circuit Court reversed this action, and there was a new case in which +Busteed, district judge, adjudged the company bankrupt. In May, 1872, the +Federal court placed the road in the hands of receivers for the first +mortgage bondholders, who were to issue $1,200,000 in certificates to run +the road,--this to be a _lien prior to the claim of the state_. August 24, +1874, the same court placed the road in the hands of the trustees of the +first mortgage bondholders. + +The road, while in the hands of the state receiver, was either badly +managed or was unsuccessful because of the obstruction by the other roads +and by capitalists. Several attempts were made, by Governors Lindsay, +Lewis, and Houston, to sell the road, but with no success. Finally, in +1876, the Debt Commission arranged with the holders of the first mortgage +bonds to turn over to them the whole claim of the state to the road, the +state paying $1,000,000, besides the interest, to be out of the +business.[1674] + +Governor Lindsay had paid $834,000 interest on the Alabama and Chattanooga +bonds, and in 1874 there were arrears amounting to $1,054,000.[1675] +Congress had made a grant of land, six sections per mile, amounting to +1,000,000 acres, for all the roads within the boundaries of Alabama, and +the state held a mortgage on this land. Much of it was sold fraudulently +by the railroad company, and titles were given where there had been no +sales. One railroad agent pocketed $33,447.97 received from fraudulent +sales of this land. The state never received a cent.[1676] + + +Other Indorsed Railroads + +The story of the other roads that applied for aid is similar, though +shorter and of a meaner nature. The Savannah and Memphis road was the only +one that failed to default.[1677] It was indorsed for $640,000, but when +the House committee was investigating, in 1871, as there was no record of +any indorsement, the president refused to appear or to give any +information.[1678] Later it was ascertained that at the time that the road +was worth only $263,000 it had been indorsed to the extent of +$320,000.[1679] + +The South and North Alabama Railroad was a persistent applicant for +legislative favors. On December 30, 1868, the available portion of the +"two and three per cent fund," amounting to $691,789.43, was turned over +to the South and North road.[1680] The road secured indorsement at the +rate of $16,000 a mile along with other roads, but this was not enough, +and, on March 3, 1870, the legislature increased its indorsement to +$22,000 a mile.[1681] Governor Smith knew so little of what he did in +regard to railroads that in his last message he stated that the South and +North road was indorsed for $1,440,000, that is, for ninety miles at +$16,000 a mile,[1682] while he raised the indorsement of the Selma and +Gulf to $22,000 a mile, thus confusing the two roads. The House Railroad +Committee declared that by means of bribery the road had secured one +hundred miles of indorsement, amounting to $2,200,000.[1683] When Lindsay +was asked to indorse more bonds for this road, he made an investigation +which convinced him that too many bonds had already been issued, and he +refused to sign any more. Under the law the road was entitled to 1900 +one-thousand-dollar indorsed bonds, but had received 2200,[1684] an +indorsement of $2,200,000, while the road equipped was valued at only +$1,625,200.[1685] When it became known that fraudulent issues had been +made, the Investigating Committee called before them the ex-treasurer of +the state, Arthur Bingham, of Ohio. He claimed and was allowed the +constitutional privilege of refusing to testify on the ground that his +testimony would tend to incriminate himself.[1686] In 1870 it was +estimated that including the "three per cent" fund the road had received +from the state $2,000,000 more than the cost of building it.[1687] +Governor Lewis, in 1873, reported that the South and North road was +indorsed for $4,026,000, including $2,200,000 that was not recorded on the +books of the state.[1688] + +[Illustration: SOME RECONSTRUCTIONISTS. + +GOVERNOR L. E. PARSONS. + +GOVERNOR WILLIAM H. SMITH. + +GOVERNOR D. P. LEWIS. + +NEGRO MEMBERS OF CONVENTION OF 1875 are on the left. The white man in the +back row is Sam. Rice.] + +The East Alabama and Cincinnati corporation consisted of Governor W. H. +Smith, three senators (two of whom were J. J. Hinds and J. L. Pennington), +and two members of the lower house. Stanton of the Alabama and Chattanooga +was also connected with it; in fact, he was connected in some way with +nearly all the schemes to secure state aid. The road was mortgaged to +Henry Clews & Company for $500,000. It had no money of its own, but +secured state indorsement for $400,000 and a bond issue of $25,000 from +the town of Opelika. This indorsement by Governor Smith was not +discovered until 1871, when Lindsay was accused of issuing the bonds. +This he flatly denied, and he was correct. The Tennessee and Coosa rivers +road had $33,513.25, if no more, of the "two per cent fund." On March 2, +1870, that road was released from its indebtedness to the state (part of +the "two and three per cent funds") on condition that it apply for no +further aid. But now, in order to get the indorsement, a part of this road +was transferred to the East Alabama and Cincinnati road, to pass as a new +road. With an indorsement of $400,000 besides the $25,000 Opelika bonds, +the road equipped was valued at only $264,150.[1689] + +The Selma and Gulf was another road without resources of its own, and, so +far as it was completed, was built with state aid. Governor Smith, in +clear violation of the law, the committee reported, indorsed the road for +$480,000. Some one, probably Smith, though Lindsay was accused of it, +raised this amount to $640,000, $160,000 of which was not recorded. At +this time the road was valued at $424,900, and the company threatened to +default unless further aid was extended. Smith thought that the road was +indorsed for $22,000 a mile and reported $660,000 indorsement.[1690] + +The Mobile and Alabama Grand Trunk road, valued at $704,225, was indorsed +by the state for $800,000. The city of Mobile also issued $1,000,000 in +bonds for this road.[1691] There was no record of an application for aid +from the New Orleans and Selma Railroad. Neither Smith nor Lindsay +reported it, yet its financial agent had secretly secured an indorsement +of $320,000, contrary to law. The road was valued at $255,350. It had no +resources except $140,000 in Dallas County bonds, and its president, +Colonel William M. Byrd, resigned rather than be a party to the +stealing.[1692] + +The promoters of the Selma, Marion, and Memphis road placed General N. B. +Forrest at the head of the enterprise, and for three years he worked hard +to make the road a success. Governor Smith indorsed the road for $720,000, +or $18,000 a mile, when only forty miles were completed. In 1873 the road +was valued at $738,400. When the company failed, as was intended from the +first, General Forrest gave up every dollar he could raise in order to pay +debts due on contracts, and he himself was left a poor man.[1693] + +The Montgomery and Eufaula road obtained something over $30,000 of the +"three per cent fund" from the state, and in 1868 the governor was +authorized by the legislature to indorse the road, notwithstanding this +debt to the state, which was considered simply as an indorsement.[1694] +Under this act the road was indorsed for $1,280,000, and in addition state +direct bonds to the amount of $300,000 were issued to the company in 1870. +For this loan there was no security. Lewis Owen, a former president, +refused to answer when it was charged that bribery had been used to secure +the passage of the bill. At this time the road was valued at $825,289. In +1873 capitalists offered to lease the road for enough to pay the interest +on its bonds, provided the state would release the road from all claims +and give to it the $330,000 already loaned. This was done. Later it was +seized by the state and eventually sold for sufficient money to cover +losses caused by the indorsement.[1695] + +The Mobile and Montgomery road secured $2,500,000 by special act of the +legislature.[1696] The road was valued at $2,516,250[1697] and was already +built, hence the indorsement was safe. + +The total indorsement was about $17,000,000. + +VALUE OF ALL RAILROADS IN THE STATE (FROM THE AUDITOR'S REPORTS) + + 1871, 1496 miles $25,943,052.59 + 1872, 1629 miles 29,580,737.64 + 1873, 1793 miles 25,408,110.76 + 1874, ---- miles 22,747,444.00 + 1875, ---- miles 12,033,763.39 + 1875, (returns from railroad officials) 9,654,684.99 + +SUMMARY + + ======================================================== + NAME OF ROAD |LENGTH| VALUE |INDORSEMENT| VALUE | + | | PER | PER | OF | + | | MILE | MILE | ROAD | + --------------|------|-------|-----------|-------------| + Alabama and | | | | | + Chattanooga | 295 |$15,000| $16,000 |$4,018,388.00| + | | | | | + | | | | | + E. Alabama and| | | | | + Cincinnati | 25 | 10,000| 16,000 | 264,150.00| + | | | | | + Mobile and | | | | | + Alabama G.T. | 50 | 12,000| 16,000 | 704,225.00| + | | | | | + Montgomery | | | | | + and Eufaula | 60 | 13,000| 16,000 | 1,157,071.60| + | | | | | + | | | | | + | | | | | + Mobile and | | | | | + Montgomery | | 10,600| 16,000 | 2,516,250.00| + | | | | | + Savannah and | | | | | + Memphis | 40 | 10,000| 16,000 | 498,810.00| + | | | | | + | | | | | + | | | | | + Selma and Gulf| 40 | 10,000| 16,000 | 424,900.00| + | | | | | + | | | | | + Selma, Marion,| | | | | + and Memphis | 45 | 14,000| 16,000 | 738,400.00| + | | | | | + New Orleans | | | | | + and Selma | 20 | 12,000| 16,000 | 225,350.00| + | | | | | + | | | | | + South and | | | | | + North Alabama| | | | | + | 100 | 15,000| 22,000 | 2,877,730.00| + ======================================================== + + ======================================= + INDORSEMENT | PRESENT | REMARKS + OF | ROAD | + ROAD | | + ----------------|----------|----------- + |Ala. Great|Seized by + $5,300,000[1698]| Southern | state. + | |Completed. + | | + | |Never + 400,000 | ---- | completed. + | | + |Mobile and| + 880,000[1699]| Birm'gh'm| ---- + | | + |Central of|Seized and + 1,280,000[1700]| Georgia | leased by + | | the state. + | | + |L'sville | + | and | + 2,500,000[1701]| Nashville| ---- + | | + | |Did not + 640,000 | ---- | default; + | | never + | | completed. + | | + 640,000[1702]| ---- |Never + | | completed. + | | + | |Never + 765,000[1703]| ---- | completed. + | | + |B'ham, |Never + 320,000 | Selma & | completed. + | N.O. | + | | + |L'sville | + | and | + 4,026,000[1704]| Nashville| ---- + ======================================= + + +County and Town Aid to Railroads + +An act of December 31, 1868, authorized the counties, towns, and cities to +subscribe to railroad stock. The road corporation was to be voted on by +the people. If "no subscription" was voted, a new election might be +ordered within twelve months, and if again voted down, the matter was to +be considered as settled. If a subscription was voted, an extra tax was to +be levied to pay the interest on the bonds; the taxpayer was to be +presented with a tax receipt which was good for its face value in the +county or city railroad stock.[1705] Several of the counties and towns +issued bonds and incurred heavy debts which have burdened them for years. +No one seems to have profited by the issues except the promoters.[1706] +The counties that suffered worst from Reconstruction bond issues were +Randolph, Chambers, Lee, Tallapoosa, and Pickens. These were hopelessly +burdened with debt and became known as the "strangulated" counties. There +was, after the Democrats came into power, much legislation for their +relief. The state gave them the state taxes to assist in paying off the +debt and also loaned money to them. Several cities and towns, notably +Mobile, Selma, and Opelika, were so deeply in debt that they were unable +to pay interest on their debts. They lost their charters, ceased to be +cities, and became districts under the direct control of the governor. +There are still several such districts in the state. The constitution of +1875 forbade state, counties, or towns to engage in works of internal +improvement, or to lend money or credit to such, or to any private or +corporate enterprise. + +It is impossible to secure complete statistics of the railroad bond issues +of counties and towns. Some issues were made in ignorance, without +authority of law, others were made under the provisions of a general law. +Naturally, the counties that suffered most were those of the Black Belt +under carpet-bag control. The following is a summary of the issues made +under special acts:-- + + ================================================================= + COUNTY | | | | | + OR TOWN |DATE| AMOUNT | ROAD AIDED |AUTHORITY| VOTE + ----------|----|---------|---------------|---------|------------- + Barbour |----| ---- |Vicksburg and |Act, Dec.| ---- + | | | Brunswick | 31, 1868| + Chambers |----| $150,000|East Alabama |Act, Dec.| + | | | and Cincinnati| 31, 1868| ---- + Dallas |----| 140,000|New Orleans and|Act, Dec.| + | | | Selma | 31, 1868| ---- + Greene |1869| 80,000|Selma, Marion, |Act, Mar.| + | | | and Memphis | 3, 1870| 1011 to 550 + Hale |1869| 60,000|Selma, Marion, |Act, Mar.| + | | | and Memphis | 3, 1870| 2260 to 301 + Lee |----| 275,000|East Alabama |Act, Dec.| + | | | and Cincinnati| 31, 1868| ---- + Madison |1873| 130,000|Memphis and |Act, Mar.| + | | | Charleston | 27, 1873| Also earlier + Pickens |1869| 100,000|Selma, Marion, |Act, Mar.| + | | | and Memphis | 3, 1870| 1212 to 607 + Randolph |----| 100,000| ---- |Act, Dec.| + | | | | 31, 1868| ---- + Tallapoosa|----| 125,000| ---- | ---- | ---- + Eutaw |1869| 20,000|Selma, Marion, |Act, Mar.| + | | | and Memphis | 2, 1870| 98 to 35 + Greensboro|1869| 15,000|Selma, Marion, |Act, Mar.| + | | | and Memphis | 3, 1870| 164 to 1 + Mobile |1871|1,000,000|Mobile and |Act, Mar.| + | | | Northwestern | 8, 1871| ---- + Mobile |1873| 200,000| ---- |Act, Mar.| + | | | | 7, 1873| ---- + Opelika |----| 25,000|East Alabama | | + | | | and Cincinnati| ---- | ---- + Prattville|1872| 50,000|South and North|Act, Jan.| + | | | Alabama | 23, 1872| ---- + Troy |1868| 75,000|Mobile and |Act, Oct.| + | | | Girard | 8, 1868| ---- + ================================================================= + + + + +CHAPTER XIX + +RECONSTRUCTION IN THE SCHOOLS + + +School System before Reconstruction + +The public school system of the state of Alabama was organized in 1854, +and was an expansion of the Mobile system, which was partly native and +partly modelled on the New York-New England systems.[1707] By 1856 it was +in good working order. The school fund for 1855 was $237,515.00; for 1856, +$267,694.41, and the number of children in attendance was 100,279, which +was about one-fourth of the white population. For 1857 the fund amounted +to $281,874.41; for 1858, $564,210.46, with an attendance of 98,274 +children.[1708] The schools were not wholly free, since those parents who +were able to do so paid part of the tuition.[1709] In 1860 there were also +206 academies, with an enrolment of 10,778 pupils, and in the state +colleges there were 2120 students. + +In spite of the war the system managed to exist until 1864, and some +schools were still open in 1865, at the time of surrender. Few of the +private schools and colleges survived until that time, and the majority of +the school buildings of all kinds were either destroyed during the war, or +after its close were placed in the hands of the Freedmen's Bureau or of +the army. The State Medical College was used for a negro primary school +for three years, and was not given up until the reconstructionists came +into power. An attempt in 1865 was made to reopen the University, although +the buildings had been burned by the Federals in 1865. The trustees met, +elected a president and two professors, but on the day appointed for the +opening (in October) only one student appeared.[1710] + +During the summer and fall of 1865 and during the next year the various +religious denominations of the state and mass-meetings of citizens +declared that the changed civil relations of the races made negro +education a necessity. The Freedmen's Bureau was established and +anticipated much of the work planned by the churches and by southern +leaders, but the methods employed by the alien teachers caused many whites +to become prejudiced against negro education.[1711] + +The provisional government adopted the ante-bellum public school system +and put it into operation. The schools were open to both races, from six +to twenty years of age, separate schools being provided for the blacks. +The greater part of the expenditure of the provisional government was for +schools. Relatively few negroes attended the state schools proper, as +every influence was brought to bear to make them attend the Bureau and +missionary schools, and the state negro schools soon fell into the hands +of the Bureau educators, who drew the state appropriation. + +The colleges at Marion, Greensboro, Auburn, Florence, and other places +were reopened in 1866-1867. The legislature loaned $70,000 to the +University, besides paying the interest on the University fund. For three +years the University was being rebuilt, and so well were its finances +managed that in 1868, when the carpet-baggers came into power, the +buildings were completed and the institution out of debt, although it had +used only half of the loan from the state.[1712] + +The Reconstruction convention of 1867 was much more interested in politics +than in education. The negro members demanded free schools and special +advantages for the negro, and a few carpet-baggers had much to say about +the malign influence of the old régime in keeping so many thousands in the +darkness of ignorance. The scalawags demanded separate schools for the +races, but pressure was brought to bear and most of them gave way. Sixteen +of the native whites refused to sign the constitution and united in a +protest against the action of the convention in refusing to provide +separate schools.[1713] + + +The School System of Reconstruction + +The new constitution placed all public instruction under the control of a +Board of Education consisting of the Superintendent of Public Instruction +and two members from each congressional district,[1714] the latter to +serve for four years, half of them being elected by the people every two +years. Full legislative powers in regard to education were given to the +Board. Its acts were to have the force of law, and the governor's veto +could be overridden by a two-thirds vote. The legislature might repeal a +school law, but otherwise it had no authority over the Board.[1715] This +body also acted as a board of regents for the State University. One +school, at least, was to be established in every township in the state, +though some townships did not have half a dozen children in them. The +school income was fixed by the constitution at one-fifth of all state +revenue, in addition to the income from school lands, poll tax, and taxes +on railroads, navigation, banks, and insurance.[1716] The legislature +added another source of income by chartering several lotteries and +exempted them from taxation provided they paid a certain amount to the +school fund. On October 10, 1868, the Mutual Aid Association was chartered +"to distribute books, paintings, works of art, scientific instruments and +apparatus, lands, etc., stock and currency, awards, and prizes." For this +privilege it was to give $2000 a year to the school fund.[1717] Two months +later the Mobile Charitable Association was formed, which paid $1000 a +year to the school fund,[1718] and a number of other lotteries were +chartered soon after. + +The school system, as a whole, did not differ greatly from the old, except +that it was top-heavy with officials, and in that all private assistance +was discouraged by a regulation forbidding the use of the public money to +supplement private payments. The first Board of Education probably +contained a collection of as worthless men as could be found in the +state.[1719] The elections had gone by default, and since only the most +incompetent men had offered themselves for educational offices, the work +suffered. Dr. N. B. Cloud, an incapable of ante-bellum days, was chosen +Superintendent of Public Instruction. He was a man without character, +without education, and entirely without administrative ability. Before the +war he was known as a cruel master to his few slaves. In August, 1868, he +proceeded to put the system into operation by appointing sixty-four county +superintendents, of Radical politics, each of whom in turn appointed three +trustees in each township. The stream rose no higher than its source, and +the school officials were a forlorn lot. One of them signed for his salary +by an X mark. Another, J. E. Summerford, the superintendent of Lee County, +was a man of bad morals, and so incompetent that, when attempting to +examine teachers for licenses, he in turn was contemptuously questioned by +them on elementary subjects. In revenge for this expression of contempt, +he revoked the license of every teacher in the county. One county +superintendent was a preacher who had been expelled from his church for +misappropriating charity funds. But Cloud paid no attention to charges +made against the integrity of his school officials. + +Cloud proceeded with much haste to open the schools. A year later he made +a report which is an interesting document. There was little progress to be +noted, but much space was devoted to an appreciation of that "glorious +document," the constitution of 1867, the crowning glory of which--the +article on education--should "entitle the members to the rare merit of +statemen and sages." This provision for education, he said, was the first +blow struck in the South, and especially in Alabama, to clear out the +last vestige of ignorance with all its attendant evils; and now, in spite +of the burdens imposed by the unwise legislation of the past forty years, +the bosoms of the citizens expanded with a noble pride in the present +system of schools. + +After this he proceeds to business. He reports that in every county and in +almost every township in the state his officials met with opposition, not, +he confesses, on account of opposition to schools, but on account of the +objectionable government and its agents. The reports from the white +counties, especially, indicate opposition to the establishment of negro +schools, while in the Black Belt this opposition was not so strong. +Everywhere, he states, the opposition died out, more or less, in +time.[1720] + +Before the new system went into operation, a meeting of the Board was held +in Montgomery to clear away the remains of the old system. They voted to +themselves a secretary, sergeant-at-arms, pages, etc., like the House of +Representatives; all school offices were declared vacated and all school +contracts void; separate schools were provided for the races where the +parents were unwilling to send to mixed schools; eleven normal schools +were provided for, with no distinction of color; and a bill was introduced +by G. L. Putnam and passed into a law, the object of which was to merge +the Mobile schools into the state system and also to make an office for +Putnam. A sum of money had been appropriated by the previous legislatures +to pay the teachers in the state schools, and now the Board declared that +any association, society, or teacher in a school open to the public should +have a claim for part of this money.[1721] The country superintendents +were made elective after 1870; coöperation with the Freedmen's Bureau was +declared desirable, and the Bureau was asked to furnish or to rent houses, +or to assist in building, while the aid societies were asked to send +teachers who would be paid by the state, and who would be subject to the +same regulations as native teachers. The "Superintendent of Education" of +the Bureau was to have supervision over the Bureau schools, but he, in +turn, would be under the supervision of Cloud.[1722] + + +Reconstruction of the State University + +The Board then tried to reconstruct the University. After the appearance +of the lone student in 1865, the efforts of the trustees had been directed +only towards completing the buildings. In 1868, after the constitution of +1867 had failed of adoption, the old trustees met, elected a president and +faculty, and ordered the University to be opened in October, 1868. A few +weeks later Congress imposed the constitution on the state, and the Board +of Education as regents took charge of the University. Their first act was +to declare null and void all acts of any pretended body of trustees since +the secession of the state. This was done in order to repudiate a debt +made by the University with a New York firm in 1861. No suitable candidate +for the presidency was presented, and the regents chose for that position +Mr. Wyman, the acting president.[1723] He declined, and the position was +then sought for and obtained by the Rev. A. S. Lakin, a Northern Methodist +preacher, who had been sent to Alabama in 1867 by Bishop Clark of Ohio, to +gather the negroes of the Southern Methodist Church into the northern +fold.[1724] Lakin, accompanied by Cloud, went to the University to take +charge. Wyman, who was then in charge, refused to surrender the keys, and +a Tuscaloosa mob, or Ku Klux Klan, serenaded Lakin and threatened to lynch +him if he remained in town. It is said that he was saved from the mob by +Wyman, who hid him under a bed. The next morning Lakin decided that he did +not like the place and left.[1725] He did not resign, however, and three +years later still had a claim pending for a full year's salary. On this he +collected $800 from the Board of Regents.[1726] + +[Illustration: + +[From the Independent Monitor, Tuscaloosa, Alabama, September 1, 1868.] + +A PROSPECTIVE SCENE IN THE CITY OF OAKS, 4TH OF MARCH, 1869. + + "Hang, curs, Hang! * * * * * Their complexion is perfect gallows. + Stand fast, good + fate, to _their_ hanging! * * * * * If they be not born to be + hanged, our case is miserable." + +The above cut represents the fate in store for those great pests of +Southern society--the carpet-bagger and scalawag--if found in Dixie's land +after the break of day on the 4th of March next. + +The _genus_ carpet-bagger is a man with a lank head of dry hair, a lank +stomach, and long legs, club knees, and splay feet, dried legs, and lank +jaws, with eyes like a fish and mouth like a shark. Add to this a habit of +sneaking and dodging about in unknown places, habiting with negroes in +dark dens and back streets, a look like a hound, and the smell of a +polecat. + +Words are wanting to do full justice to the _genus_ scalawag. He is a cur +with a contracted head, downward look, slinking and uneasy gait; sleeps in +the woods, like old Crossland, at the bare idea of a Ku-Klux raid. + +Our scalawag is the local leper of the community. Unlike the +carpet-bagger, he is native, which is so much the worse. Once he was +respected in his circle, his head was level, and he would look his +neighbor in the face. Now, possessed of the itch of office and the salt +rheum of radicalism, he is a mangy dog, slinking through the alleys, +hunting the governor's office, defiling with tobacco juice the steps of +the capitol, stretching his lazy carcass in the sun on the square or the +benches of the mayor's court. + +He waiteth for the troubling of the political waters, to the end that he +may step in and be healed of the itch by the ointment of office. For +office he "bums," as a toper "bums" for the satisfying dram. For office, +yet in prospective, he hath bartered respectability; hath abandoned +business and ceased to labor with his hands, but employs his feet kicking +out boot-heels against lamp-post and corner-curb while discussing the +question of office. + +It requires no seer to foretell the inevitable events that are to result +from the coming fall election throughout the Southern States. + +The unprecedented reaction is moving onward with the swiftness of a +velocipede, with the violence of a tornado, and with the crash of an +avalanche, sweeping negroism from the face of the earth. + +Woe, woe, woe to the inhabitants of Alabama who have recently become +squatter-] + +It was in connection with Lakin's short visit that the _Independent +Monitor_ published the famous hanging picture of the carpet-bagger (Lakin) +and the scalawag (Cloud).[1727] + +The next offer of the presidency was made to R. D. Harper, a Northern +Methodist Bureau minister, who at one time was the Bureau "Superintendent +of Education" for the state, and who organized the Bureau schools and the +Northern Methodist churches in north Alabama. He, after some +consideration, declined the position, which, to an alien, was one of more +danger than honor.[1728] + +Difficulty was also experienced in securing a faculty. Some of the faculty +elected by the old board of trustees were reëlected. Geary of Ohio was +given the chair of mathematics, and Goodfellow of Chicago, who had +previously been a clerk of the lower house of the legislature, was elected +commandant and professor of military science. The latter said that he did +not know anything about his work, but that he guessed he could learn. +General John H. Forney, a Confederate and native, was also elected to a +chair, the Board, it is said, voting for him under a misapprehension. The +native contingent refused to serve under the regents, and the vacancies +had again to be filled.[1729] Loomis of Illinois was elected professor of +Ancient Languages; J. De F. Richards of Vermont, professor of Natural +Philosophy and Astronomy, etc. W. J. Collins, who was elected professor of +Oratory and Rhetoric, wrote, "I except the situation." The _Monitor_ said, +"We predict an uncomfortable time for the aggregation."[1730] That paper +chronicled all the weaknesses, peculiarities, and failings of the faculty. +If one of them drank a little too much and staggered on the street, the +_Monitor_ informed the public.[1731] Upon the arrival of an heir in the +Collins family, Randolph promptly demanded that he be named for +him,--Ryland Randolph Collins,--and the name stuck. + +Finally, as it seemed impossible to secure a president, the regents +determined to open the University with Richards as acting president.[1732] +On April 1, 1869, the University opened with thirty students, twenty-eight +of whom were beneficiaries.[1733] The _Monitor_ said that the members of +the faculty were known as Shanghai, Cockeye, Tanglefoot, Old Dicks, etc. +Another woodcut appeared in the _Monitor_--of Richards, this time.[1734] + +Thirty was the highest enrolment reached under the Reconstruction faculty. +The number gradually dwindled away until at the end of the session there +were only ten. The next session ended with only three. In October, 1870, +there were ten students, four of whom were sons of professors. William R. +Smith[1735] was elected president during this session, but he reported +that there was no prospect of success under the present conditions and +resigned. By the end of the session not one student remained. The +scientific apparatus was scattered and lost, as were also the museum +specimens and library books, and the $2000 object-glass of the telescope +had disappeared.[1736] + +The people of Alabama did not favor the continuance of the University +under the reconstructed faculty, and were glad when the doors were closed. +The Ku Klux Klan took part in the work of breaking down the venture. +Notices were posted on the doors, directed to the students, advising them +to leave. One sent to the son of Governor Smith read as follows:-- + + DAVID SMITH: You have received one notice from us, and this shall be + our last. You nor no other d--d son of a d--d radical traitor shall + stay at our University. Leave here in less than ten days, for in that + time we will visit the place and it will not be well for you to be + found out there. The state is ours and so shall our University be. + + WRITTEN BY THE SECRETARY BY ORDER OF THE KLAN. + +Charles Muncel, son of Joel Muncel, the publisher, of Albany, New +York,[1737] received the following notice:-- + + CHARLES MUNCEL. You had better get back where you came from. We don't + want any d--d Yank at our colleges. In less than ten days we will come + to see if you obey our warning. If not, look out for hell, for d--n + you, we will show you that you shall not stay, you nor no one else, in + that college. This is your first notice; let it be your last. + + THE KLAN BY THE SECRETARY. + +The next warning was sent to a lone Democrat:-- + + HORTON: They say you are of good Democratic family. If you are, leave + the University and that quick. We don't intend that the concern shall + run any longer. This is the second notice you have received; you will + get no other. In less than ten days we intend to clear out the + concern. We will have good Southern men there or none. + + BY ORDER OF THE K. K. K.[1738] + +Before the summer of 1871 the reconstructed faculty had absolutely failed; +there never had been any chance for them to succeed. The regents were +unfitted to manage educational affairs, and they chose men to the faculty +who would have been objectionable anywhere.[1739] The professors and their +families were socially ostracized. Even southern men who accepted places +in the Radical faculty were made to feel that they were scorned; no one +would sit by them at public gatherings or in church. The men might have +survived this treatment, but not so the women. In 1871 the Superintendent +of Public Instruction and two members of the board of regents were +Democrats. The faculty was reorganized for the eighth time since 1865, and +a faculty of natives was elected. The effect upon the attendance was +marked. In April, 1871, there were three students and in June none, while +during the session of 1871-1872, 107 students were enrolled. In 1873 and +1874 the Radicals again had control, but they did not attempt to +reconstruct the University.[1740] + +When the land grant college, provided for in the Morrill act of 1862, was +established in 1872, there was no attempt made to appoint a reconstructed +faculty or board of trustees. But there was sharp competition among the +towns of the state to secure the college. The legislature was to choose +the location, and many of the members let it be known that their votes +were to be had only in return for material considerations. It was finally +located at Auburn, in Lee County. One Auburn lobbyist went out on the +floor of one of the houses and there paid a negro solon $50 to talk no +more against Auburn. The next day the same negro was again speaking +against the location at Auburn. His purchaser went to him and +remonstrated. The negro acknowledged that he had accepted the $50 not to +speak against Auburn, but said, "Dat was yistiddy, boss." Another Auburn +man promised a cooking stove to a negro of more domestic inclinations, and +amidst the excitement forgot all about it; but after the vote the negro +came up and demanded his stove. He received it. Another was given a +sewing-machine.[1741] + +There was no attempt to force the entrance of negroes into the State +University. Some reformers wanted the test made, but too many scalawags +were bitterly opposed to such a step, to say nothing of the Ku Klux Klan. +In December, 1869, the Board of Education asked the legislature to +provide a university for the negroes,[1742] and several colored normal +schools were established. In 1871, Peyton Finley, the negro member of the +Board of Education,[1743] introduced a series of resolutions declaring +that the negro had no desire to push any claim to enter the State +University, but that they wanted one of their own, and Congress was urged +to grant land for that purpose.[1744] But not until December, 1873, was +Lincoln school at Marion, Perry County, designated as the colored +university and normal school, where a liberal education was to be given +the negro.[1745] + + +Trouble in the Mobile Schools + +For more than a year Cloud had trouble in the schools of Mobile. The +Mobile schools (always independent of the state system) were under the +control of a school board appointed by the military authorities in 1865. +When all offices and contracts were vacated, G. L. Putnam, a member of the +Board of Education, and also connected with the Emerson Institute, which +was conducted at Mobile by the American Missionary Association, had +secured the enactment, because he wanted the position, of a school law +providing for a superintendent of education for Mobile County. In August, +1868, Cloud gave him the office. The old school commissioners refused to +recognize the authority of Putnam, who was unable to displace them, +because he himself could not make bond. But, in order to give him some +kind of office, Cloud went to Mobile and proposed a compromise, which was +to appoint one of the old commissioners superintendent of education and +Putnam superintendent of negro schools under the supervision of the other +superintendent and the board of commissioners, which was still to exist. +This was an arrangement Cloud had no lawful authority to make. + +As part of the compromise the principal and teachers of the American +Missionary Association were to be retained and paid by the state. The +Emerson Institute (or "Blue College," as the negroes called it) was to +remain in possession of the American Missionary Association, but the +school board and county superintendent were to have control over the +schools in it. Putnam, as superintendent of the "Blue College" school, +refused to allow the control of the board. He wanted them to pay his +teachers, but would have no supervision. The general field agent of the +American Missionary Association, Edward P. Smith, offered the "schools and +teachers" to the school commissioners to be paid but not controlled. "We +ought now in some way," he said, "to have our teachers recognized and paid +for, from the public fund, an amount equal to that paid for similar grades +to other teachers in Mobile." At the same time the state was paying $125 +per month for the use of the building over which the Association and +Putnam would allow no supervision. The county superintendent and the +commissioners, unable to secure any control over the Putnam schools, +refused to recognize them as a part of the Mobile system. Cloud declared +all the offices vacant, but the commissioners refused to vacate. The case +was carried into court and the commissioners were put in jail. The supreme +court ordered them released. The Board of Education then met and abolished +the Mobile system and merged the special and independent schools of that +county into the general state system. This was done on November 13, +1869.[1746] + +The judiciary committee of the legislature, consisting of three Radicals +and one Democrat, was directed to investigate the conduct of Cloud in the +Mobile troubles. It was reported (1) that Cloud had appointed two +superintendents in Mobile County, contrary to law; (2) that on January 29, +1869, G. L. Putnam, who was not an official of the state and who, +according to the compromise, should have been under the control of the +county superintendent, drew from the state treasury with the connivance of +Cloud between $5000 and $6000, with which he paid the teachers of "Blue +College," who were in the employ of the American Missionary Association +and not of the state of Alabama; (3) that in July, 1869, Cloud again +appointed Putnam superintendent of education for Mobile County, and sixty +days afterwards he made a bond which was declared worthless by the grand +jury, and after that Cloud gave Putnam a warrant for $9000, which he was +prevented from collecting only by an injunction; (4) that while the +injunction was in force as concerned both Putnam and Cloud, the latter +drew from the treasury $2000 or more of the Mobile school funds to pay +lawyers' fees; (5) that while the injunction was still in force Cloud drew +$3600 from the treasury for Putnam, the greater part or all of which was +illegally used; (6) that Cloud again drew a warrant for $3300, which the +auditor, discovering that Putnam was interested, refused to allow, and it +was destroyed; (7) the committee further stated that very large salaries +were paid to the teachers in "Blue College," or Emerson Institute,--that +one of them (Squires) received $4000 a year. The committee went beyond the +limit of the resolution and reported that county superintendents were paid +too much, and recommended the abolition of the Board of Education by +constitutional amendment, the reduction of the pay of all school officials +who acted as a sponge to absorb all the school funds, and, finally, that +no person should hold more than one school office at the same time.[1747] + +Later investigation showed that Putnam had made out pay-rolls for the +teachers of the Emerson Institute for the last quarter of 1868 and +presented them to A. H. Ryland, the county superintendent of Mobile, for +his approval. This Ryland refused to give, as the compromise in regard to +the Institute dated only from January 22, 1869. Putnam then went to his +own American Missionary Association Negro Institute Board, had the +pay-rolls approved, and then, as "county superintendent of education," +drew $5327.20, Cloud certifying to the correctness of his accounts.[1748] +Putnam padded the pay-rolls and, in order to draw principal's wages for +each teacher, divided the Institute into ten schools. As there were only +ten teachers besides the principal, there were now eleven +principals.[1749] Kelsey, the principal, stated that no matter how much +Putnam obtained for "Blue College," the teachers received none of it, but +were paid only their regular salaries by the Association. Kelsey himself +was paid only $250 a quarter. The teachers were under contract with the +Association to teach for $15 a month and board. Some of them testified +that they had received no more. However, a part of the appropriation was +turned into the treasury of the Association, and we may well ask what +became of the remainder of it.[1750] + + +Irregularities in School Administration + +Superintendent Cloud was handicapped, not only by his own incapacity, but +also by the bad character of his subordinates, whom he appointed in great +haste from the unpromising material that supported the Reconstruction +régime. Many of the receipts for the salaries were signed by the teachers +with marks, some being unable to write their own names. From the school +officials he received inaccurate reports, and on these he based his +apportionments, which were defective, many of the teachers not receiving +their money. The county superintendents had absolute authority over the +school fund belonging to their counties, and could draw it from the +treasury and use it for private purposes nearly a year before the salaries +of the teachers were due.[1751] Complaint was made that the black counties +received more than their proper share of the school fund. In Pickens +County the superintendent neglected to draw anything but his own salary, +and a north Alabama superintendent ran away with the money for his county. +Other superintendents were accused of scaling down the pay of the teachers +from 20 to 50 per cent, and it was estimated that in some counties +two-thirds of the school money never reached the teachers. There was no +check on the county superintendent, who could expend money practically at +his own discretion.[1752] Three trustees were appointed in each township +by the county superintendent; these trustees, who were not paid, appointed +for themselves a clerk who was paid, and these clerks met in a county +convention and fixed the salary of the county superintendent.[1753] + +The bookkeeping in the office of State Superintendent Cloud was irregular. +Some of the accounts were kept in pencil, and for a whole year the books +were not posted. Of $235,000 paid to the county superintendents only +$10,000 was accounted for by them. In 1871, $50,000 or more was still in +the hands of the ex-superintendents, and the state and the teachers were +taking legal proceedings against some of them.[1754] Both sons of Cloud +embezzled school money and fled from the state.[1755] Cloud receipted for +one sum of $314 in payment for sixteenth-section lands. This he forgot to +pay to the treasurer. He issued patents for 4000 acres of school land and +turned into the treasury only $323. A township in Marengo County rented +its sixteenth-section land; nevertheless, Cloud paid to this county its +sixteenth-section funds. In 1871 an investigation of Cloud's accounts +showed that a large number of his vouchers were fraudulent, hundreds being +in the same handwriting. He signed the name of J. H. Fitts & Company, +financial agents of the University, to a receipt by which he drew from the +treasury several hundred dollars to advance to a needy professor. He said, +when questioned about it, that he thought he could "draw on" Messrs. Fitts +& Company. It afterwards developed that he did not know the difference +between a receipt and a draft. His accounts were so confused that he often +paid the same bill twice. In 1871, when he went out of office, the sum +unaccounted for by vouchers amounted to $260,556.37. After two years he +succeeded in getting vouchers for all but $129,595.71.[1756] + +In the black counties the school finances became confused, especially as +the negro and carpet-bag officials tolled the funds that passed through +their hands. At the end of 1870 the school funds of Selma were $40,000 +short. It was found practically impossible to collect a poll tax from the +negroes, the Radical collectors being afraid to insist on the negroes' +paying taxes. In Dallas County the collector refused to allow the planters +to pay taxes for their negro hands on the ground that it would be a relic +of slavery. If the negroes refused to pay, nothing more was said about +it.[1757] In 1869 there were 200,000 polls and only $66,000 poll tax was +collected, which meant that only 44,000 men had paid the tax.[1758] In +1870 Somers states that the insurance tax was $13,327, and the number of +polls was 162,819. Yet from both sources less than $100,000 was +obtained.[1759] + +The Board of Education, according to the constitution, was to classify by +lot before the election of 1870. But in 1869, when the matter was brought +up, they refused to classify. Several vacancies occurred, and these were +filled by special election. Consequently the Democrats in 1870 did not get +a fair representation on the board.[1760] + + +Objections to the Reconstruction Education + +The Board of Education had the power to adopt a uniform series of +text-books for the public schools; Superintendent Cloud, however, assumed +this authority and chose texts which were objectionable to the majority of +the whites. This was especially the case with the history books, which the +whites complained were insulting in their accounts of southern leaders and +southern questions. Cloud was not the man to allow the southern view of +controversial questions to be taught in schools under his control. About +1869 he secured a donation of several thousand copies of history books +which gave the northern views of American history, and these he +distributed among the teachers and the schools. But most of the literature +that the whites considered objectionable did not come from Cloud's +department, but from the Bureau and aid society teachers, and was used in +the schools for blacks. There were several series of "Freedmen's Readers" +and "Freedmen's Histories" prepared for use in negro schools. But the fact +remains that for ten or fifteen years northern histories were taught in +white schools and had a decided influence on the readers. It resulted in +the combination often seen in the late southern writer, of northern views +of history with southern prejudices; the fable of the "luxury of the +aristocrats" and the numbers and wretchedness of the "mean whites" was now +accepted by numerous young southerners; on such questions as slavery the +northern view of the institution was accepted, but on the other hand the +_tu quoque_ answer was made to the North. Consequently, the task of the +historian was not to explain the southern civilization, but to accept it +as rather bad and to prove that the North was partly responsible and +equally guilty--a fruitless work.[1761] + +Cloud, in his first report, admitted that the opposition to schools was +rather on account of the officials than because the people disliked free +schools. He further stated that the opposition had ceased to a great +extent. There were many whites in the Black Belt who disliked the idea of +free or "pauper" schools, and to this day some of them have not overcome +this feeling. They believed in education, but not in education that was +given away,--at least not for the whites. Each person must make an effort +to get an education. However, they, and especially the old slaveholders, +were not opposed to the education of the negro, believing it to be +necessary for the good of society. In the white counties of north and +southeast Alabama there was less opposition to the public schools for +whites. But in the same sections schools for the negroes were bitterly +opposed by the uneducated whites who were in close competition with them, +for they knew that the whites paid for the negro schools, and also that, +having a different standard of living, it would be easier for the negroes +to send their children to school than for them to send theirs. In the +Black Belt there were a few of these people, who disliked to see three or +four negro schools to one white school, for here the number of the negroes +naturally secured for them better advantages. The whites were so few in +numbers that not half of them were within easy reach of a school. Whenever +the numbers of one or both races were small, it was (and has been ever +since) a burden on a community to build two schoolhouses and to support +two separate schools, especially where the funds provided are barely +sufficient for one.[1762] + + +The Question of Negro Education + +Before the negro question in all its phases was brought directly into +politics, and before the Radicals, carpet-baggers, and scalawags had +caused irritation between the races, there was a determination on the +part of the best whites in public and private life, as a measure of +self-defence as well as a duty and as justice, to do all that lay in their +power to fit the negro for citizenship. Most of the newspapers were in +favor of education to fit the negro for his changed condition. Now that he +had to stand alone, education was necessary to keep him from stealing, +from idleness, and from a return to barbarism; in some parts of the Black +Belt there was a tendency to return to African customs. It was necessary +to substitute the discipline of education for the discipline of +slavery.[1763] The Democratic party leaders were in favor of negro +education, and General Clanton, who for years was the chairman of the +executive committee, repeatedly made speeches in favor of it, and attended +the sessions and examinations at the negro schools, often examining the +classes himself. He and General John B. Gordon spoke in Montgomery at a +public meeting and declared that it was the duty of the whites to educate +the negro, whose good behavior during the war entitled him to it. Their +remarks were cheered by the whites.[1764] Colonel Jefferson Falkner, at a +Baptist Association in Pike County, advised that the negro be educated by +southern men and women. Pike was a white county, and while no objection +was raised to Falkner's speech, several persons told him that if he +thought southern women ought to teach negroes, he had better have his own +daughters do it. Falkner replied that he was willing when their services +were needed.[1765] White people made destitute by the war or crippled +soldiers were ready to engage in the instruction of negroes; and the +_Montgomery Advertiser_ and other papers took the ground that they should +be employed, especially the disabled soldiers.[1766] General Clanton +stated that many Confederate soldiers and the widows of Confederate +soldiers were teaching negro schools, that he had assisted them in +securing positions. Such work, he said, was indorsed by most of the +prominent people.[1767] + +The blacks in Selma signed an appeal to the city council for their own +white people to teach them, and the churches made preparations to give +instruction to the freedmen.[1768] The Monroe County Agricultural +Association declared it to be the duty of the whites to teach the negro, +and a committee was appointed to formulate a plan for negro schools.[1769] +Conecuh and Wilcox counties followed with similar declarations. A public +meeting in Perry County, of such men as ex-Governor A. B. Moore and J. L. +M. Curry, declared that sound policy and moral obligation required that +prompt efforts be made to fit the negro for his changed political +condition. His education must be encouraged. The teachers, white and +black, were to be chosen with a careful regard to fitness. A committee was +appointed to coöperate with the negroes in building schoolhouses and in +procuring teachers, whom they assured of support.[1770] + +Besides the purely unselfish reasons, there were other reasons why the +leading whites wanted the negro educated by southern teachers. It would be +a step towards securing control over the negro race by the best native +whites, who have always believed and will always believe that the negro +should be controlled by them. The northern school-teachers did not have an +influence for good upon the relations between the races, and thus caused +the southern whites to be opposed to any education of the negro by +strangers, as it was felt that to allow the negro to be educated by these +people and their successors would have a permanent influence for +evil.[1771] + +The whites generally aided the negroes in their community to build +schoolhouses or schoolhouses and churches combined. Schoolhouses were in +the majority of cases built by the patrons of the schools; if rented, the +rent was deducted from the school money; the state made no appropriation +for building. In Dallas County forty negro schoolhouses were built with +the assistance of the whites. This was usually done in the Black Belt, but +was less general in the white counties. In Montgomery the prominent +citizens gave money to help build a negro "college"; some paid the tuition +of negro children at schools where charges were made. White men were often +members of the board of colored schools. All this was before the negro was +seen to be hopelessly in the clutches of the northerners.[1772] + +[Illustration: JABEZ LAMAR MONROE CURRY.] + +In spite of the fact that for several years there were southern whites +who taught negroes, the schools were judged by the results of the teaching +of the northerners. The Freedmen's Bureau brought discredit on negro +education.[1773] The work of the various aid societies was little better. +The personnel of both, to a great extent, passed to the new system, Bureau +and Association teachers becoming state teachers; and in the transfer the +teachers tried to secure a better standing for themselves than the native +teachers had. Many of the northern teachers were undoubtedly good people, +but all were touched with fanaticism and considered the white people +hopelessly bad and by nature and training brutal and unjust to negroes. +The negro teachers who were trained by them, both in the North and in the +South, and who occupied most of the subordinate positions in the schools, +had caught the spirit of the teaching. The native negro teacher, however, +never quite equalled his white instructor in wrong-headedness. He +persisted in seeing the actual state of affairs quite often. But the +results of some of the educational work done during Reconstruction for the +negro was to make many white people, especially the less friendly and the +careless observers, believe that education in itself was a bad thing for +the negroes. It became a proverb that "schooling ruins a negro," and among +the ignorant and more prejudiced whites this opinion is still firmly held. +Not all of the northern teachers were of good character, and the others +suffered for the sins of these. Almost from the first the doors of the +southern whites were closed against the northern teacher, not only on +account of the character of some and the objectionable teachings of many, +but because they generally insisted on being personally unpleasant; and, +had all of them been above reproach in character and training, their +opinions in regard to social questions, which they expressed on every +occasion, would have resulted in total exclusion from white society. They +really cared little, perhaps, but they had a great deal to say on the +subject, and made much trouble on account of it.[1774] + +At first, when they wished it, some northern teachers were able to secure +board with white families. After a few weeks such was not the case, and, +except in the cities where the teachers could live together, they were +obliged to live with the negroes. This could produce only bad results. It +at once caused them to be excluded from all white society, and gained for +them the contempt of their white neighbors, at the same time losing them +the support and even the respect of the negroes. For the negro always +insists that a white person to be respected must live up to a certain +standard; otherwise, he may like, or fear, or despise, but never respect. +Again, some of the doubtful characters caused scandal by their manner of +life among the negroes, and in several instances male teachers were +visited by the Ku Klux Klan because of their irregular conduct with negro +women. One in Calhoun County was killed. Negro men who lived with white +women teachers were killed, and in some cases the women were thrashed. +Others were driven away.[1775] But on the whole there was little violence, +the forces of social proscription at length sufficing to drive out the +obnoxious teachers.[1776] + +Much was said during Reconstruction days about the burning of negro +schoolhouses by the whites. There were several such cases, but not as many +as is supposed. In the records only one instance can be found of a school +building being burned simply from opposition to negro schools. As a rule +the schoolhouses (and churches also) were burned because they were the +headquarters of the Union League and the general meeting places for +Radical politicians, or because of the character of the teacher and the +results of his or her teachings. Regular instruction of the negro had been +going on for two years or more before the Ku Klux Klan began burning +schoolhouses. When one was burned, the Radical leaders used the fact with +much effect among the negroes; and in several instances it was practically +certain that the Radical leaders, when the negroes were wavering, fired a +church or a schoolhouse in order to incense them against the whites, who +were charged with the deed. When a schoolhouse was burned, the negroes +were invariably assisted to rebuild by the respectable whites. The +burnings were condemned by all respectable persons, and also by the party +leaders on account of the bad effect on political questions.[1777] + +Some teachers of negro schools fleeced their black pupils and their +parents unmercifully. Teachers of private schools collected tuition in +advance and then left. In Montgomery, a teacher in the Swayne school +notified his pupils that they must bring him fifty cents each by a certain +day, and that he, in return, would give to each a photograph of +himself.[1778] In Eutaw, Greene County, the Rev. J. B. F. Hill, a Northern +Methodist preacher who had been expelled from the Southern Methodist +Church, taught a negro school and taxed his forty little scholars +twenty-five cents each to purchase a forty-cent water bucket.[1779] + +In the cities where there were several negro schools, it was found +difficult at first to keep the small negro in attendance in the same +school. A little negro would attend a school until he discovered that he +did not like the teacher or the school, and then he would go to another. A +rule was made against such impromptu transfers, and then the small boy +changed his name when he decided to try another school. Finally, the +teacher was required to ask the other children the newcomer's name before +he was admitted.[1780] + +The negro children were poorly supplied with books, and what few they did +have they promptly lost or tore up to get the pictures. The attendance +was very irregular. For a few days there would be a great many scholars +and perhaps after that almost none, for the parents were willing to send +their children when there was no work for them to do, but as soon as +cotton needed chopping or picking they would stop them and put them to +work.[1781] If the negroes suspected that the trustees, who were (later) +Democrats, had appointed a Democratic teacher, they would not send their +children to school to him, and in this they were upheld by their new +leaders.[1782] + +When the public funds were exhausted, the majority of the white schools +continued as pay schools, but the negro schools closed at once, for after +1868 the interest of the negro in education was no longer strong enough to +induce him to pay for it. The education given the negro during this period +was little suited to prepare him for the practical duties of life. The New +England system was transplanted to the South, and the young negroes were +forced even more than the white children. As soon as a little progress was +made, the pupils were promoted into the culture studies of the whites. +Those who learned anything at all had, in turn, to teach what they had +learned; their education would help them very little in everyday +life.[1783] Negro education did not result in better relations between the +races. The northern teacher believed in the utter sinfulness of slavery +and in all the stories told of the cruelties then practised. The +_Advertiser_ gave as one reason why the southern whites should teach negro +schools, that northern teachers caused trouble by using books and tracts +with illustrations of slavery and stories about the persecution and +cruelties of the whites against the blacks.[1784] General Clanton stated +that in the school in which he had often attended the exercises and +examined the classes, and where he had paid the tuition of negro children, +the teachers ceased to ask him to make visits; that the school-books had +"Radical pictures" of the persecuted slaves and the freedman; that Radical +speeches were made by the scholars, reciting the wrongs done the negro +race; finally, that the school was a political nursery of race prejudice, +and that where the negroes were greatly in excess of the whites, it was a +serious matter.[1785] He also said that the teachers from the North were +responsible for the prejudice of the whites against negro schools. The +native whites soon refused to teach, and if they had wished to do so, they +probably could have gotten no pupils. The primary education of the negro +was left to the northern teachers and to incompetent negroes; higher +education was altogether under the control of the alien. It was most +unfortunate in every way, he added, that the southern white had had no +part in the education of the negro.[1786] The higher education of the +negroes in the state continued to be directed by northerners. Washington +and Councill have done much toward changing the nature of the education +given the negro; they have also educated many whites from opposition to +friendliness to negro schools. + + +The Failure of the Educational System + +In 1870 Cloud was a candidate for reëlection, but was defeated by Colonel +Joseph Hodgson, the Democratic candidate.[1787] When Hodgson appeared as +president of the Board, Cloud refused to yield on the ground that Hodgson +was not eligible to the office, having once challenged a man to a duel. +The Board, however, refused to recognize Cloud, and he was obliged to +retire.[1788] + +The first year of the reform administration was a successful one in spite +of the fact that the state was bankrupt and the treasury ceased to make +cash payments to county superintendents early in 1872.[1789] The second +year was a fair one, although the treasury could not pay the teachers, for +the Radical senate refused to make the appropriations for which their own +constitution provided. However, the attendance of both whites and blacks +increased, notwithstanding the fact that the United States Commissioner of +Education reported that Alabama had retrograded in educational +matters.[1790] The school officials elected in 1870 were much superior to +their predecessors in every way. A state teachers' association was +organized, and institutes were frequently held. Four normal schools were +established for black teachers and four for whites. Private assistance for +public schools was now sought and obtained, and hundreds of the schools +continued after the public money was exhausted.[1791] + +Hodgson did valuable service to his party and to the state in exposing the +corrupt and irregular practices of the preceding administration. His own +administration was much more economical than that of his predecessor, as +the following figures will show:-- + + ================================================================= + | 1870 | 1871 | DECREASE + ------------------------|-----------|-----------|---------------- + Salaries of county | | | + superintendents |$57,776.50 |$34,259.50 |$23,517.00 + Expenses of county | | | + superintendents | 21,202.86 | 4,752.00 | 16,450.86 + Expenses of disbursement| 78,979.36 | 39,009.50 | 39,969.86 + Clerical expenses | | | + (at Montgomery) | 3,544.46 | 1,978.71 | 1,565.75 + Cost of administration | 86,123.82 | 44,588.21 | 41,535.61[1792] + ================================================================= + +In the fall of 1872, owing to the operation of the Enforcement Acts, the +elections went against the Democrats. The Radicals filled all the offices, +and Joseph H. Speed was elected Superintendent of Public +Instruction.[1793] Speed was not wholly unfitted for the position, and did +the best he could under the circumstances. But nowhere in the Radical +administration did he find any sympathy with his department, not even a +disposition to comply with the direct provisions of the constitution in +regard to school funds. So low had the credit of the state fallen that the +administration could no longer sell the state bonds to raise money. The +taxes were the only resources, and the office-holding adventurers, feeling +that never again could they have an opportunity at the spoils, could spare +none of the money for schools. Practically all of the negro schools and +many of the white ones were forced to close, and the teachers, when paid +at all by the state, were paid in depreciated state obligations. + +The constitution required that one-fifth of all state revenue in addition +to certain other funds be appropriated for the use of schools. Yet year by +year an increasing amount was diverted to other uses. The poll tax and the +insurance tax were used for other purposes. At the end of 1869, +$187,872.49, which should have been appropriated for schools, had been +diverted. In 1872, $330,036.93 was lost to the schools by failure to +appropriate, and in 1873, $456,138.47 was lost in the same way. By the end +of 1873 the shortage was $1,260,511.92, and a year later it was nearly two +million dollars. During 1873 and 1874 schools were taught only where there +were local funds to support them. The carpet-bag system had failed +completely.[1794] + +The new constitution made by the Democrats in 1875 abolished the Board of +Education, and returned to the ante-bellum system. Separate schools were +ordered; the administrative expenses could not amount to more than 4 per +cent of the school fund;[1795] no money was to be paid to any +denominational or private school;[1796] the constitutional provision of +one-fifth of the state revenue for school use was abolished;[1797] and the +legislature was ordered to appropriate to schools at least $100,000 a year +besides the poll taxes, license taxes, and the income from trust funds. +The schools began to improve at once, and the net income was never again +as small as under the carpet-bag régime. + +Neither of the Reconstruction superintendents, Cloud or Speed, furnished +full statistics of the schools. It appears that the average enrolment of +students under Cloud was, in 1870, 35,963 whites and 16,097 blacks; under +his Democratic successor the average enrolment, in spite of lack of +appropriations, was 66,358 whites and 41,308 blacks in 1871, and 61,942 +whites and 41,673 blacks in 1872. Speed evidently kept no records of +attendance. In 1875, after the Democrats came into power, the attendance +was 91,202 whites and 54,595 blacks. The average number of days taught in +a year under Cloud was 49 days in white schools and the same in black; +under Hodgson the average length of term was 68.5 days and 64.33 days +respectively. Theoretically the salaries of teachers under Cloud should +have been about $75 per month, but they received increasingly less each +year as the legislature refused to appropriate the school money. The +following table will show what the school funds should have been, as +provided for by the constitution; the sums actually received were smaller +each successive year. In no case was the appropriation as great as in the +year 1858, nor was the attendance of black and white together much larger +in any year than the attendance of whites alone in 1858 or 1859. + +SCHOOL FUND, 1868-1875 + + 1868 + 1869 $524,621.68[1798] + 1870 500,409.18[1799] + 1871 581,389.29[1800] + 1872 604,978.50[1801] + 1873 524,452.40[1802] + 1874 474,346.52[1803] + 1875 565.042.94[1804] + + + + +CHAPTER XX + +RECONSTRUCTION IN THE CHURCHES + + +SEC. 1. THE "DISINTEGRATION AND ABSORPTION" POLICY AND ITS FAILURE + +The close of the war found the southern church organizations in a more or +less demoralized condition. Their property was destroyed, their buildings +were burned or badly in need of repair, and the church treasuries were +empty. It was doubtful whether some of them could survive the terrible +exhaustion that followed the war. The northern churches, "coming down to +divide the spoils," acted upon the principle that the question of separate +churches had been settled by the war along with that of state sovereignty, +and that it was now the right and the duty of the northern churches to +reconstruct the churches in the South. So preparations were made to +"disintegrate and absorb" the "schismatical" southern religious +bodies.[1805] + + +The Methodists + +In 1864 the Northern Methodist Church declared the South a proper field +for mission work, and made preparations to enter it. None were to be +admitted to membership in the church who were slaveholders or who were +"tainted with treason."[1806] In 1865 the bishops of the northern +organization resolved that "we will occupy so far as practicable those +fields in the southern states which may be open to us ... for black and +white alike."[1807] The General Missionary Committee of the northern +church divided the South into departments for missionary work, and Alabama +was in the Middle Department. Bishop Clark of Ohio was sent (1886) to take +charge of the Georgia and Alabama Mission District. The declared purpose +of this mission work was to "disintegrate and absorb" the southern church, +the organization of which was generally believed to have been destroyed by +the war.[1808] + +In August, 1865, three Southern Methodist bishops met at Columbus, +Georgia, to repair the shattered organization of the church and to infuse +new life into it. They stated that the questions of 1844 were not settled +by the war; that, "A large portion of the Northern Methodists has become +incurably radical.... They have incorporated social dogmas and political +tests into their church creeds." They condemned the northern church for +its action during the war in taking possession of southern church property +against the wishes of the people and retaining it as their own after the +war, and for its more recent attempts to destroy the southern +church.[1809] + +In the confusion following the war, before the church administration was +again in working order, the Protestant Episcopal Church, especially the +northern section, attempted to secure the Southern Methodists. Some +Methodists wanted to go over in a body to the Episcopalians. The great +majority, however, were strongly opposed to such action, and the attempt +only caused more ill feeling against the North.[1810] + +At the time there was a belief among the Northern Methodists that in 1845 +thousands of members had been carried against their will into the southern +church, and that they would now gladly seize the opportunity to join the +northern body, which claimed to be the only Methodist Episcopal Church. +Those thousands proved to be as disappointing as the "southern loyalists" +had been, both in character and in numbers. The greatest gains were among +the negroes, and to the negroes the few whites secured were intensely +hostile. In 1866, A. S. Lakin was sent to Alabama to organize the Northern +Methodist Church.[1811] After two years' work the Alabama Conference was +organized, with 9431 members, black and white.[1812] In 1871, Lakin +reported 15,000 members, black and white.[1813] The whites were from the +"loyal" element of the population. There was great opposition by the white +people to the establishment of the northern church. Lakin and his +associates excited the negroes against the whites and kept both races in a +continual state of irritation. Governor Lindsay stated before the Ku Klux +Committee that in his opinion the people bore with Lakin and his church +with a remarkable degree of patience; that Lakin encouraged the negroes to +force themselves into congregations where they did not belong and to +obstruct the services; and that they also made attempts to get control of +church property belonging to the southern churches.[1814] No progress was +made among the whites, except in the white counties among the hills of +north Alabama and in the pine barrens of the southeast. The congregations +were small and were served by missionaries. Lakin and his assistants had a +political as well as a religious mission--General Clanton said that they +were "emissaries of Christ and of the Radical party." They claimed, +nevertheless, that they never talked politics in the pulpit. Lakin once +preached in Blountsville, and when he opened the doors of the church to +new members, he said that there was no northern church, no southern +church, there was only the Methodist Episcopal Church.[1815] But every +member of this church, he added, must be loyal, and therefore no +secessionist could join. He said that he had been ordered by his +conference not to receive "disloyal" men into the church.[1816] + +The political activity of these missionaries resulted in visits from the +Ku Klux Klan. Some of the most violent ones were whipped or were warned to +moderate their sermons. Political camp-meetings were sometimes broken up, +and two or three church buildings used as Radical headquarters were +burned.[1817] Every Northern Methodist was a Republican; and to-day in +some sections of the state the Northern Methodists are known as +"Republican" Methodists, as distinguished from "Democratic" or Southern +Methodists. + + +The Baptists + +The organization of the Baptist church into separate congregations saved +it from much of the annoyance suffered by such churches as the Methodist +and the Episcopal, with their more elaborate systems of government. Yet in +north Alabama, there was trouble when the negro members were encouraged by +political and ecclesiastical emissaries to assert their rights under the +democratic form of government by taking part in all church affairs, in the +election of pastors and other officers. Often there were more negro +members than white, and under the guidance of a missionary from the North +these could elect their own candidate for pastor, regardless of the wishes +of the whites and of the character of the would-be pastor. This danger, +however, was soon avoided by the organization of separate negro +congregations.[1818] + +The Southern Baptist Convention, organized in 1845, continued its separate +existence. The northern Baptists demanded, as a prerequisite to +coöperation and fellowship, a profession of loyalty to the government. +During 1865 the southern associations expressed themselves in favor of +continuing the former separate societies, and severely censured the +northern Baptists for their action in obtaining authority from the Federal +government to take possession of southern church property against the +wishes of the owners and trustees, and for trying to organize independent +churches within the bounds of southern associations. They were not in +favor of fraternal relations with the northern Baptist societies.[1819] + + +The Presbyterians + +In May, 1865, the Presbyterian General Assembly (New School) voted to +place on probation the southern ministers of the United Synod South who +had supported the Confederacy.[1820] Few, if any, offered themselves for +probation, while as a body the United Synod joined the Southern +Presbyterians (Old School). The General Assembly (O. S.) of the northern +church in 1865 stigmatized "secession as a crime and the withdrawal of the +southern churches as a schism." The South, the Assembly decided, was to be +treated as a missionary field, and loyal ministers to be employed without +presbyterial recommendation. Southern ministers and members were offered +restoration if they would apply for it, and submit to certain tests, +namely, proof of loyalty or a profession of repentance for disloyalty to +the government, and a repudiation of former opinions concerning +slavery.[1821] Naturally this policy was not very successful in +reconstructing their organization in the South. The General Assembly (O. +S.) of the Presbyterian Church in the South met in the fall of 1865 at +Macon, Georgia, and warned the churches against the efforts of the +northern Presbyterians to sow seeds of dissension and strife in their +congregations.[1822] A union was formed with the United Synod South (N. +S.), and the "Presbyterian Church in the United States," popularly known +as the Southern Presbyterian Church, was formed. To this acceded in 1867 +the Associate Reformed Church of Alabama.[1823] + +The Episcopal Church in the United States during the war had held +consistently to the same theory in regard to the withdrawal of the +southern dioceses that the Washington administration held in regard to the +secession of the southern states. There was no recognition of a +withdrawal, nor of a southern organization. The Confederate church was +called a schismatic body, and its actions considered as illegal. The roll +in the General Convention was called as usual, beginning with +Alabama.[1824] But after the war a generous policy of conciliation was +pursued; the southern churchmen were asked to come back; no tests or +conditions were imposed; the House of Bishops of the northern church +upheld Wilmer in his trouble with the military authorities. The acts of +the southern church during the war were recognized and accepted as valid +by the northern church. Such a policy easily resulted in reunion. + +The attempt at Reconstruction in the churches had practically failed. Only +the Episcopal Church, one of the weakest in numbers, had reunited.[1825] +The others seemed farther apart than ever. + +The other denominations had recognized the legal division of their +churches before the war. Now they acted on the principle that territory +conquered for the United States was also conquered for the northern +churches. Southern ministers and members were asked to submit to degrading +conditions in order to be restored to good standing. They must repudiate +their former opinions, and renouncing their sins, ask for pardon and +restoration. Naturally no reunion resulted. + + +SEC. 2. THE CHURCHES AND THE NEGRO DURING RECONSTRUCTION + +At the end of the war nearly every congregation had black members as well +as white, the blacks often being the more numerous. With the changed +conditions, the various denominations felt it necessary to make +declarations of policy in regard to the former slaves. General Swayne, +Assistant Commissioner of the Freedmen's Bureau in Alabama, in his report +for 1866, stated that at an early date the several denominations expressed +themselves as being strongly in favor of the education of the negro. "The +principal argument," he said, "was an appeal to sectional and sectarian +prejudice, lest, the work being inevitable, the influence which must come +from it be realized by others; but it is believed that this was the shield +and weapon which men of unselfish principle found necessary at +first."[1826] + + +The Baptists and the Negroes + +The Alabama Baptist Convention, in 1865, passed the following resolution +in regard to the relations between the white and black members:-- + +"_Resolved_, That the changed civil status of our late slaves does not +necessitate any change in their relations to our churches; and while we +recognize their right to withdraw from our churches and form organizations +of their own, we nevertheless believe that their highest good will be +subserved by their retaining their present relation to those who know +them, who love them, and who will labor for the promotion of their +welfare." + +The Convention also ordered renewed exertions in the work among the +negroes by means of lectures, private instruction, and +Sunday-schools.[1827] In 1866 the North Alabama Baptist Association +directed that provision be made for the religious welfare of the negroes +and for their education in the common schools. The negroes were to be +allowed to choose their own pastors and teachers from among the +whites.[1828] But soon the results of the work of the northern +missionaries and political emissaries were seen in the separation of the +two races in religious matters. The negroes were taught that the whites +were their enemies, and that they must have their own separate churches. +They were encouraged to assert their rights by obstructing in all the +affairs of the churches, and in the north Alabama Baptist churches, where +they were in the majority, there was danger that they would take +advantage of the democratic system of the church government and, prompted +by emissaries from the North, control the administration. They were, +therefore, assisted by the whites to form separate congregations and +associations.[1829] + +The principal work of the northern Baptists in central and south Alabama +was to separate the blacks into independent churches, and the second +Colored Baptist Convention in the United States was organized in Alabama +in 1867. The free form of government of this church attracted both +ministers and members. In 1868 Bethel Association (white) reported that a +large number of the negroes desired no religious instruction from the +whites, although they were in great need of it, and that this opposition +was caused by ignorance and prejudice. But, the report stated, there +should be no relaxation in the effort to impart to them a knowledge of the +Gospel; that the first duty of the church was to instruct the ignorant and +superstitious at home before sending missionaries to the far-off heathen; +that all self-constituted negro preachers who claimed personal interviews +with God and personal instruction from Him should be discouraged, and only +the best men selected as pastors. Advice and assistance were now given to +the negro congregations, which were organized into associations as soon as +possible. In 1872 three negro churches with a white pastor applied for +admission to Bethel Association. But it was thought best to maintain +separate associations.[1830] For years the white Baptists of Alabama +exercised a watchful care over the colored Baptists, whom they assisted in +the work of organizing congregations and associations, and in the erection +of schoolhouses and churches. Church and school buildings destroyed by the +Ku Klux Klan were rebuilt by the whites, even when the colored +congregation was only moderately well behaved. The whites in Montgomery +contributed to build the first negro Baptist church in that city, and a +white minister preached the sermon when the church was dedicated and +turned over to the blacks. A number of white ladies were present at the +services.[1831] For fifteen years Dr. I. T. Tichenor was pastor of the +First Baptist Church in Montgomery. During that time he baptized over 500 +negroes into its fellowship. At the end of the war there were 300 white +and 600 negro members. Dr. Tichenor tells the story of the separation as +follows: "When a separation of the two bodies was deemed desirable, it was +done by the colored brethren, in conference assembled, passing a +resolution, couched in the kindliest terms, suggesting the wisdom of the +division, and asking the concurrence of the white church in such action. +The white church cordially approved the movement, and the two bodies +united in erecting a suitable house of worship for the colored brethren. +Until it was finished they continued to occupy jointly with the white +brethren their house of worship, as they had done previous to this action. +The new house was paid for in large measure by the white members of the +church and individuals in the community. As soon as it was completed the +colored church moved into it with its organization all perfected, their +pastor, board of deacons, committees of all sorts; and the whole machinery +of church life went into action without a jar. Similar things occurred in +all the states of the South."[1832] + +The old plantation preachers were ordained and others called and regularly +ordained to the ministry by the whites. But good negro preachers were +overwhelmed by an influx of "self-called" pastors who were often +incompetent and often immoral. At last the whites seem to have given up as +hopeless their work for the negroes. In 1885 an urgent appeal from the +Colored Baptist Convention for advice and assistance met with no response +from the white convention. Politics and prejudice, imprudent and immoral +leaders, had completed the work of separation. Still something was done by +the Home Mission Board towards instructing negro preachers and deacons, +and in 1895 this Board and the Home Mission Board of the northern Baptists +agreed to coöperate and aid such negro conventions as might desire it. +But the Alabama negro convention has not yet asked for assistance.[1833] + + +The Presbyterians and the Negroes + +In 1869, encouraged by the white members, the negro members of the +Cumberland Presbyterian Church in Tennessee and north Alabama asked for +and received separate organization and were henceforth known as the +African Cumberland Presbyterian Church.[1834] + +It is this division of the Cumberland Presbyterians that is now (1905) +hindering somewhat the union of the Cumberland Presbyterian with the +Northern Presbyterian organization. The blacks demanded the separation of +the races; the whites now demand that it be continued. + +Various branches of the Northern Presbyterian organizations worked in +Alabama among the negroes. The principal result of their work was the +separation of the blacks into independent churches. The Southern +Presbyterian Church (Presbyterian Church in the United States) made +earnest efforts for the negro after the war, and with some success. The +Institute at Tuscaloosa for the education of colored Presbyterian +ministers is now the only school in the South for negroes which is +conducted entirely by southern white teachers.[1835] The work of the +Presbyterians among the negroes has continued to the present day, though +in 1898 a movement was started to separate the blacks of the Southern +Presbyterian Church into an independent church. This movement was not +successful, as not a majority of the negro preachers desired separation. +But the number of colored Presbyterians has always been small.[1836] + + +The Roman Catholics + +The Roman Catholic Church did much work among the negroes in the cities +and at first with a fair degree of success. It was strongly opposed by all +Protestant denominations, both northern and southern, and especially by +the Northern Methodist Church. It seemed to be dreadful news to the +Methodists when it was reported that the Catholic Church was about to open +fifteen schools in Alabama for the negro, where free board and tuition +would be given.[1837] The American Missionary Association, supported in +Alabama mainly by money from the Freedmen's Bureau, used its influence +among the negroes against the Catholic Church, which, the Association +stated in a report, "was making extraordinary efforts to enshroud forever +this class of the unfortunate race in Popish superstition and +darkness."[1838] + +But the Catholic Church had no place for the negro preacher of little +education and less character who desired to hold a high position in the +negro church. There was better prospect for promotion in the Baptist and +Methodist churches, and to those churches went the would-be negro preacher +and, through his influence, the majority of his people.[1839] + + +The Episcopalians + +The Protestant Episcopal Church did nearly all of its work among the +negroes in the cities and among the negroes on the large plantations of +the Black Belt. This church offered little more hope of advancement to the +average negro preacher than the Roman Catholic, and the hostility of the +military authorities to this church in 1865 and 1866 and the efforts of +the missionaries and politicians caused a loss of most of the negro +members that it had. In 1866 the laity of the State Convention seemed +rather unenthusiastic in regard to work among the negroes, and left it to +be managed by the bishop and clergy. The General Convention established +the "Freedmen's Commission" to assist in the work, which was not to be +under the jurisdiction of the bishop. Bishop Wilmer stated that he was +unwilling to accept this "schism-breeding proposition," but would be glad +of assistance which would be under his direction as bishop. No such aid +was forthcoming. In 1867 only two congregations of negroes were left, one +in Mobile and one in Marengo County. A few solitary blacks were to be +found in the white congregations, and during Reconstruction these suffered +real martyrdom on account of their loyalty to their old churches. They +were ostracized by the other negroes, were called heathen and traitors, +and were left alone in sickness and death. Under such treatment, the +majority of the negro members were forced to withdraw from the Episcopal +churches.[1840] + + +The Methodists and the Negroes + +In 1861 the Methodist Episcopal Church South had more than 200,000 colored +members and 180,000 children under instruction. One year after the +surrender of Lee only 78,000 remained.[1841] The Montgomery Conference, in +November, 1865, decided that there was no necessity for a change in the +church relations of white and black; that in the church there should be no +distinction on account of color and race; and that the negro had special +claims on the whites. Presiding elders and preachers were directed to do +all that lay in their power for the colored congregations, and establish +Sunday-schools and day schools for them when practicable.[1842] The +Methodist Protestants announced a similar policy.[1843] General Swayne of +the Freedmen's Bureau reported that he received much assistance toward +negro education from the Southern Methodist Church, and especially from +Reverend H. N. McTyeire (afterwards bishop).[1844] + +The Southern Methodist congregations lost their negro members from the +same causes that brought about the separation of the races in other +churches. The negroes were told by their new leaders that for their safety +they must consider the southerners as their natural enemies;[1845] they +were convinced that there was spiritual safety only in the northern or in +independent churches. All the forces of social ostracism were employed +against those who chose to remain in the old churches. The southern +planter was not able to support the missionary who formerly preached to +his slaves, the negroes would not pay; and the church treasury was +empty.[1846] In 1866 the General Conference directed that the colored +members be organized as separate charges when they so desired; that +colored preachers and presiding elders be appointed by the bishop, annual +conferences organized when necessary, and especial attention be directed +towards Sunday-schools for the negroes.[1847] + +Against all efforts of the Southern Methodists to work among the negroes, +the Northern Methodists struggled with a persistence worthy of a better +cause. Missionaries were sent South, narrow and prejudiced, though +sincere, men and women, who were possessed with the fixed conviction that +no good could come to the negro except from the North; in this conviction +schools were established and churches organized. The injudicious and +violent methods of these persons and their bitter prejudices caused their +exclusion from all desirable society, and naturally they became more +violent and prejudiced than ever. Their letters written to their homes +showed that they believed the native white to be possessed by an inhuman +hatred of the blacks, and that on the slightest provocation the whites +would slaughter the entire negro population.[1848] They favored at least a +partial confiscation in behalf of the negro. Through the Freedmen's Aid +Society the northern church entered upon work among the whites also, +opposing the southern church on the ground that it was sectional and +condemning all its efforts among the blacks as useless and harmful. For +years there was not a word of recognition of the work done by the southern +churches among the slaves.[1849] The missionaries were afraid of "the old +feudal forces" which were still working, they thought, under various +disguises such as "Historical Societies, Memorial Days, and monuments to +the Confederate dead."[1850] Their work was thoroughly done. Two negro +Methodist churches, organized in the North, secured the greater part of +the negroes.[1851] Some joined the Northern Methodist Church, "which also +came down to divide the spoils."[1852] + +After 1866 the colored congregations still adhering to the Southern +Methodists had been divided into circuits, districts, and conferences. By +1870 political differences and the efforts of other churches had so +alienated the races that it was thought best to set up an independent +organization for the negroes, for their own protection. This was done in +1870 by the General Conference. Two negro bishops were ordained, and all +church property that had ever been used for negro congregations was turned +over to the new organization, which was called the Colored Methodist +Episcopal Church. A few negroes refused to leave the white church, and in +1892 there were still 357 colored members on its rolls.[1853] Until +recently there has been strong opposition on the part of the other African +churches to the Colored Methodist Episcopal Church because of its +relations to the Southern Methodist Church. The latter has continued to +aid and direct its protégé, and the opposition is gradually +subsiding.[1854] + +After thirty years' experience, most people who have knowledge of the +subject agree that the religious interests of the negro have suffered from +the separation of the races in the churches and from the enforced +withdrawal of the native whites from religious work among the blacks. The +influence of the master's family is no longer felt, and instead of the +white minister came the negro preacher, with "ninety-five superstitions to +five eternal truths,"--superstitions, many of them reminiscences from +Africa.[1855] There have been too many negro churches; every one who could +read and write wanted to preach,[1856] and many of them claimed direct +communication with the Supreme Being; every one who applied was admitted +to the churches; morality and religion were only remotely connected; +leaders of the _demi-monde_ were stout pillars of the church. A +Presbyterian minister in charge of negro interests has stated that in his +church the personnel of the independent negro congregations is inferior in +character and morality to the congregations under the supervision of the +whites. In the colored Baptist associations it is reported that frequent +and radical changes have been the custom. Discontented churches secede and +form new associations, which exist for a short while, and are then +absorbed by other associations. The boundaries of the associations also +change frequently; the church government seems to be in a kind of fluid +state. Thoughtful religious leaders now believe that the southern white, +for the good of both races, should again take part in the religious +training of the negro.[1857] But the difficulties in the way of such a +course are almost insurmountable and date back to forced separation of the +races in the churches. + + * * * * * + +An editorial in the _Nation_ in 1866 expressed the situation from one +point of view very clearly and forcibly: The northern churches claim that +the South is determined to make the religious division permanent, though +"slavery no longer furnishes a pretext for separation." Too much pains are +taken to bring about an ecclesiastical reunion, and irritating offers of +reconciliation are made by the northern churches, all based on the +assumption that the South has not only sinned, but sinned knowingly, in +slavery and in war. We expect them to be penitent and to gladly accept our +offers of forgiveness. But the southern people look upon a "loyal" +missionary as a political emissary, and "loyal" men do not at present +possess the necessary qualifications for evangelizing the southerners or +softening their hearts, and are sure not to succeed in doing so. We look +upon their defeat as retribution and expect them to do the same. It will +do no good if we tell the southerners that "we will forgive them if they +will confess that they are criminals, offer to pray with them, preach with +them, and labor with them over their hideous sins."[1858] + +"Reconstruction" in the church was closely related to "Reconstruction" in +the state, and was so considered at the time by the reconstructionists of +both.[1859] The same mistaken, intolerant policy was followed, on the +theory that the southern whites were as incapable of good action in church +as in state. Irritating and impossible tests and conditions of readmission +were proposed before reconciliation. Later the efforts to weaken and +destroy the southern churches after attempts at reunion had failed +completed the alienation, which in several organizations seems to be +permanent. There was a Solid South in church as well as in politics. + + + + +CHAPTER XXI + +THE KU KLUX REVOLUTION + + +The Ku Klux movement was an understanding among southern whites, brought +about by the chaotic condition of social and political institutions +between 1865 and 1876. It resulted in a partial destruction of the +Reconstruction and a return, as near as might be, to ante-bellum +conditions. This understanding or state of mind took many forms and was +called by many names. The purpose was everywhere and always the same: to +recover for the white race control of society, and destroy the baleful +influence of the alien among the blacks.[1860] + + +Causes of the Ku Klux Movement + +When the surviving soldiers of the Confederate army returned home in the +spring and summer of 1865, they found a land in which political +institutions had been destroyed and in which a radical social revolution +was taking place--an old order, the growth of hundreds of years, seemed to +be breaking up, and the new one had not yet taken shape; all was confusion +and disorder. At this time began a movement which under different forms +has lasted until the present day--an effort on the part of the defeated +population to restore affairs to a state which could be endurable, to +reconstruct southern society. This movement, a few years later, was in one +of its phases known as the Ku Klux movement. For the peculiar aspects of +this secret revolutionary movement many causes are suggested. + +For several months before the close of the war the state government was +powerless except in the vicinity of the larger towns, the country +districts being practically without government. After the surrender there +was an interval of four months during which there was no pretence of +government except in the immediate vicinity of the points garrisoned by +the Federal army. The people were forbidden to take steps toward setting +up any kind of government.[1861] From one end of the state to the other +the land was infested by a vicious element left by the war,--Federal and +Confederate deserters, and bushwhackers and outlaws of every description. +These were especially troublesome in the counties north of the Black Belt. +The old tory class in the mountain counties was troublesome.[1862] Of the +little property surviving the wreck of war, none was safe from thievery. +The worst class of the negroes--not numerous at this time--were insolent +and violent in their new-found freedom. Murders were frequent, and +outrages upon women were beginning to be heard of.[1863] The whites, +especially the more ignorant ones, were afraid of the effects of preaching +of the doctrines of equality, amalgamation, etc., to the blacks. There +were soon signs to show that some negroes would endeavor to put the +theories they had heard of into practice.[1864] + +There was much talk of confiscation of property and division of land among +the blacks. The negroes believed that they were going to be rewarded at +the expense of the whites, and many of the latter began to fear that such +might be the case. The Freedmen's Bureau early began its most successful +career in alienating the races, by teaching the black that the southern +white was naturally unfriendly to him. In this work it was ably assisted +by the preaching and teaching missionaries sent out from the North, who +taught the negro to beware of the southern white in church and in school. +The Bureau broke up the labor system that had been patched up in the +summer and fall of 1865, and people in the Black Belt felt that labor must +be regulated in some way.[1865] In the white counties the poorer whites, +who had been the strongest supporters of the secession movement, not +because they liked slavery, but because they were afraid of the +competition of free negroes, began to show signs of a desire to drive the +negro tenants from the rich lands which they wanted for themselves.[1866] +For years after the war it was almost impossible for the farmer or planter +to raise cows, hogs, poultry, etc., on account of the thieving +propensities of the negroes.[1867] Houses, mills, gins, cotton pens, and +corn-cribs were frequently burned.[1868] The Union League was believed by +many to be an organization for the purpose of plundering the whites and +for the division of property when the confiscation should take +place.[1869] It was also an active political machine. Nearly all the +witnesses before the Ku Klux Committee who stated the causes of the rise +of Ku Klux said that the League was the principal one. The whites soon +came to believe that they were persecuted by the Washington government. +The cotton frauds in 1865; the cotton tax, 1865-1868; the refusal to admit +the southern states to representation in Congress, though they were +heavily taxed; the passage of the Reconstruction Acts, by which the +governments in the South were overturned, the negroes enfranchised, and +all the prominent whites disfranchised,--all combined to make the white +people believe that the North was seeking to humiliate them, to punish +them when they were weak. They did not contemplate such treatment when +they laid down their arms. As one soldier expressed it: the treatment +received was in violation of the terms of surrender as expressed in their +paroles; the southern soldiers could have carried on a guerilla warfare +for years; the United States had made terms with men who had arms in their +hands; they had laid them down, and the United States had violated these +terms and punished individuals for alleged crime without trial; yet their +paroles stated that they were not to be disturbed as long as they were +law-abiding; the whole Reconstruction was a violation of the terms of +surrender as the southern soldiers understood it; it was punishment of a +whole people by legislative enactment, and contrary to the spirit of +American institutions. It was not a matter of law, but of common +honesty.[1870] + +General Clanton complained that the southern people passed out of the +hands of warriors into the hands of squaws.[1871] The government imposed +upon Alabama after the voters had fairly rejected it according to act of +Congress was administered by the most worthless and incompetent of +whites--alien and native--and negroes. Heavy taxes were laid; the public +debt was rapidly increased; the treasury was looted; public office was +treated as private property. The government was weak and vicious; it gave +no protection to person or property; it was powerless, or perhaps +unwilling, to repress disorder; and was held in general contempt. The +officials were notoriously corrupt and unjust in administration. There +were many disorders which the people believed the state and Federal +governments could not or would not regulate.[1872] There was a general +feeling of insecurity, in some sections a reign of terror. Innumerable +humiliations were inflicted on the former political people of the state by +carpet-bagger and scalawag, using the former slave as an instrument. Negro +policemen stood on the street corners annoying the whites, making a great +parade of all arrests, sometimes even of white women. The elections were +corrupt, and the law was deliberately framed to protect ballot-box +frauds.[1873] The highest officers of the judiciary, Federal and state, +took an active interest in politics, contrary to judicial traditions. +Justice, so called, was bought and sold. The most thoroughly political +people of the world, the proudest people of the English race, were the +political inferiors of their former slaves, and the newcomers from the +North never failed to make this fact as irritating as possible, by speech +and print and action.[1874] + +In short, there was anarchy, social and political and economic. As the +negro said, "The bottom rail is on top." The strenuous editor Randolph +said, "The origin of Ku Klux Klan is in the galling despotism that broods +like a nightmare over these southern states,--a fungus growth of military +tyranny superinduced by the fostering of Loyal Leagues, the abrogation of +our civil laws, the habitual violation of our national constitution, and a +persistent prostitution of all government, all resources, and all powers, +to degrade the white man by the establishment of negro supremacy."[1875] + + +Secret Societies of Regulators, before Ku Klux Klan + +On account of the disordered condition of the state in 1865, some kind of +a police power was necessary, the Federal garrisons being but few and +weak. The minds of all men turned at once to the old ante-bellum +neighborhood police patrol.[1876] This patrol had consisted of men usually +selected by the justice of the peace to patrol the entire community once a +week or once a month, usually at night. The duty was compulsory, and every +able-bodied white was subject to it, though there was sometimes +commutation of service. The principal need for this patrol was to keep the +black population in order, and to this end the patrollers were invested +with the authority to inflict corporal punishment in summary fashion. +There were about two companies, of six men and a captain each, to every +township where there was a dense negro population. The attentions of the +patrol were not confined to negroes alone, but now and then a white man +was thrashed for some misdemeanor.[1877] In this respect the patrol was a +body for the regulation of society, so far as petty misdemeanors were +concerned, and every respectable white man was by virtue of his color a +member of this police guard. He had the right, whether in active patrol or +not, to question any strange negro found abroad, or any negro travelling +without a pass, or any white man found tampering with the negroes. It was +to some extent a military organization of society. Much of this was simply +custom, the development of hundreds of years, not a statute regulation, +for that was a recent thing in the history of slavery. It was the old +English neighborhood police system become a part of the customary law of +slavery. After the war some regulation was necessary; the whites were +accustomed to settling such matters outside of law or court; it was bred +into their nature, and they returned perhaps unconsciously to the old +system.[1878] + +But now, under the régime of the Freedmen's Bureau backed by the army, the +old way of dealing with refractory blacks was illegal. As a matter of fact +there was no legal way to control them. The result was natural--the +movement to regulate society became a secret one. The white men of each +community had a general understanding that they would assist one another +to protect women, children, and property. They had a system of signals for +communication, but no disguises, and the organization was not kept secret +except from the negroes. In one locality the young men alone were united +into a committee for the regulation of the conduct of negroes. They +requested the women who lived alone on the plantations, the old men, and +others who were likely to be unable to control the negroes, to inform the +committee of instances of misconduct on the part of the blacks. When such +information came, it was immediately acted upon, and the next day there +were sadder and better negroes on some one's plantation.[1879] As a rule +one thrashing in a community lasted a long time. In Hale County a +vigilance committee was formed to protect the women and children in a +section of the black country where there were few white men, most having +been killed in the war. They had a system of signals by means of +plantation bells. There were no disguises, and there was a public place of +meeting.[1880] In the same county, in the fall of 1865, the whites near +Newberne asked General Hardee, then living on his plantation, to take +command of their patrol. His answer was: "No, gentlemen, I want you to +enroll my name for service, but put a younger man in command. I have +served my day as commander. I will be ready to respond when called upon +for active duty. I want to advise you to get ready for what may come. We +are standing over a sleeping volcano."[1881] In Limestone County a similar +organization was composed of peaceable citizens united to disperse or +crush out bands of thieves.[1882] This was in a white county in the +northern section of the state, where the people had suffered during the +war, and were still suffering, from the depredations of the tories. In +Winston and Walker counties the returning Confederate soldiers banded +together and drove many of the tories from the country, hanging several of +the worst characters.[1883] In central and southern Alabama the citizens +resolved themselves into vigilance committees and hanged horse thieves and +other outlaws who were raiding the country, some of them disguised in the +uniforms of Federal soldiers.[1884] + +In Marengo County while negro insurrection was feared a secret +organization was formed for the protection of the whites. The members were +initiated in a Masonic hall. Regular meetings were held, and each member +reported on the conduct of the negroes in his community. There were no +whippings necessary in this section, and after a few night rides the +society dissolved. The Bureau and Union League were never successful in +getting absolute control over the "Cane Brake" region, and therefore the +negroes were better behaved and there was less disorder.[1885] + +Before Christmas, 1865, when there seemed to be danger of outbreaks of +that part of the negro population who were disappointed in regard to the +division of property, there was a disposition among the whites in some +counties, especially in the eastern Black Belt, to form militia companies, +though this was forbidden by the Washington authorities. Some of these +companies regularly patrolled their neighborhoods. Others undertook to +disarm the freedmen, who were purchasing arms of every description, and in +order to do this searched the negro houses at night. General Swayne, +recognizing the dangerous situation of the whites, forbore to interfere +with these militia companies until after Christmas, when, the negroes +remaining peaceable, he issued an order forbidding further +interference;[1886] but the militia organizations persisted in some shape +until the Reconstruction Acts were passed. + +In the eastern counties of the state there was in 1865 and 1866 an +organization, preceding the Ku Klux, called the "Black Cavalry." It was a +secret, oath-bound, night-riding order. Its greatest strength was in +Tallapoosa County, where it was said to have 200 to 300 members. It was +not only a band to regulate the conduct of the negroes, but there was a +large element in it of the poorer whites, who wanted to drive the negro +from the rich lands upon which slavery had settled them, in order to get +them for themselves. This was generally true of all secret orders of +regulators in the white counties from 1865 to 1875, and exactly the +opposite was the case in the Black Belt, where the planters preferred the +negro labor, and never drove out the blacks. The "Black Cavalry," it is +said, drove more negroes from east Alabama than the Ku Klux did.[1887] + +There were local bands of regulators policing nearly every district in +Alabama. Few of them had formal organizations or rose to the dignity of +having officers or names, but there were the "Men of Justice," in north +Alabama, principally in Limestone County, and the "Order of Peace," +partially organized in Huntsville early in 1868,[1888] and many other +local orders. + + +The Origin and Growth of Ku Klux Klan + +The local bands of regulators in existence immediately after the war were +a necessary outcome of the disordered conditions prevailing at the time, +and would have disappeared, with a return to normal conditions under a +strong government which had the respect of the people. But during the +excitement over the action of the Reconstruction convention in the fall of +1867 and the elections of February, 1868, a new secret order became +prominent in Alabama; and when, after the people had defeated the +constitution, Congress showed a disposition to disregard the popular will +as expressed in the result of the election, this order--Ku Klux +Klan--sprang into activity in widely separated localities. The campaign +of the previous six months had made the people desperate when they +contemplated what was in store for them under the rule of carpet-bagger, +scalawag, and negro. The counter-revolution was beginning. + +The Ku Klux Klan originated in Pulaski, Tennessee, in the fall of +1865.[1889] The founders were James R. Crowe, Richard R. Reed, Calvin +Jones, John C. Lester, Frank O. McCord, and John Kennedy. Some were +Alabamians and some Tennesseeans. Lester and Crowe lived later in +Sheffield, Alabama. Crowe and Kennedy are the only survivors. It was a +club of young men who had served in the Confederate army, who united for +purposes of fun and mischief, pretty much as college boys in secret +fraternities or country boys as "snipe hunters." The name was an +accidental corruption of the Greek word _kuklos_, a circle, and had no +meaning.[1890] The officers had outlandish titles, and fancy disguises +were adopted. The regalia or uniform consisted of a tall cardboard hat +covered with cloth, on which were pasted red spangles and stars; there was +a face covering, with openings for nose, mouth, and ears; and a long robe +coming nearly to the heels, made of any kind of cloth--white, black, or +red--often fancy colored calico. A whistle was used as a signal.[1891] + +This scheme for amusement was successful, and there were plenty of +applications for admission. Members went away to other towns, and under +the direction of the Pulaski Club, or "Den" as it was called, other Dens +were formed. The Pulaski Den was in the habit of parading in full uniform +at social gatherings of the whites at night, much to the delight of the +small boys and girls. Pulaski was near the Alabama line, and many Alabama +young men saw these parades or heard of them, and Dens were organized over +north Alabama in the towns. Nothing but horse-play and tomfoolery took +place in the meetings. In 1867 and 1868 the order appeared in parade in +the north Alabama towns and "cut up curious gyrations" on the public +squares.[1892] The Klan had not long been in existence and was still in +this first stage, and was rapidly speeding, when a pretty general +discovery of its power over the negro was made. The weird night riders in +ghostly disguises frightened the superstitious negroes, who were told that +the spirits of dead Confederates were abroad.[1893] There was a general +belief outside the order that there was a purpose behind all the +ceremonial and frolic of the Dens; many joined the order convinced that +its object was serious; others saw the possibilities in it and joined in +order to make use of it. After discovering the power of the Klan over the +negroes, there was a general tendency, owing to the disordered conditions +of the time, to go into the business of a police patrol and hold in check +the thieving negroes, the Union League, and the "loyalists." From being a +series of social clubs the Dens swiftly became bands of regulators, adding +many fantastic qualities to their original outfit. All this time the +Pulaski organization exercised a loose control over a federation of Dens. +There was danger, as the Dens became more and more police bodies, of some +of the more ardent spirits going to excess, and in several instances Dens +went far in the direction of violence and outrage. Attempts were made by +the parent Den to regulate the conduct of the Dens, but owing to the loose +organization, they met with little success. Some of the Dens lost all +connection with the original order. + +Early in 1867 the Grand Cyclops of the Pulaski Den sent requests to the +various Dens in the southern states to send delegates to a convention in +Nashville. This convention met in May, 1867. Delegates from all of the +Gulf states and from several others were present, and the order of Ku Klux +Klan was reorganized. There were at this time Dens in all the southern +states, and even in Illinois and Pennsylvania.[1894] A constitution called +the "Prescript" was here adopted for the entire order. The administration +was centralized, and the entire South was placed under the jurisdiction of +its officials. The former slave states except Delaware constituted the +Empire, which was ruled by the Grand Wizard[1895] with a staff of ten +Genii; each state was a realm under a Grand Dragon and eight Hydras; the +next subdivision was the Dominion, consisting of several counties,[1896] +ruled by a Grand Titan and six Furies; the county as a Province was +governed by a Grand Giant[1897] and four Goblins; the unit was the Den or +community organization. There might be several in each county, each under +a Grand Cyclops and two Night Hawks. The Genii, Hydras, Furies, Goblins, +and Night Hawks were staff officers. Each of the above divisions was +called a Grand *. The order had no name, and at first was designated by +two **, later by three ***. The private members were called Ghouls. The +Grand Magi and the Grand Monk were the second and third officers of the +Den, and had the authority of the Grand Cyclops when the latter was +absent. The Grand Sentinel was in charge of the guard of the Den, and the +Grand Ensign carried its banner on the night rides.[1898] Every division +had a Grand Exchequer, whose duty it was to look after the revenue,[1899] +and a Grand Scribe, or secretary, who called the roll, made reports, and +kept lists of members (without anything to show what the list meant), +usually in Arabic figures, 1, 2, 3, etc. The Grand Turk was the adjutant +of the Grand Cyclops, and gave notice of meetings, executed orders, +received candidates, and administered the preliminary oaths. The officers +of the Den were elected semiannually by the Ghouls; the highest officers +of the other divisions were elected biannually by the officers of the next +lower rank. The first Grand Wizard was to serve three years from May, +1867.[1900] Each superior officer could appoint special deputies to assist +him and to extend the order. Every division made quarterly reports to the +next higher headquarters. In case a question of paramount importance +should arise, the Grand Wizard was invested with absolute authority.[1901] + +The Tribunal of Justice consisted of a Grand Council of Yahoos for the +trial of all elected officers, and was composed of those of equal rank +with the accused, presided over by one of the next higher rank; and for +the trial of Ghouls and non-elective officers, the Grand Council of +Centaurs, which consisted of six Ghouls appointed by the Grand Cyclops, +who presided.[1902] + +A person was admitted to the Den after nomination by a member and strict +investigation by a committee. No one under eighteen was admitted. The oath +taken was one of obedience and secrecy. The Dens governed themselves by +the ordinary rules of deliberative bodies. The penalty for betrayal of +secret was "the extreme penalty of the Law."[1903] None of the secrets was +to be written. There was a Register of alarming adjectives used in dating +the wonderful Ku Klux orders.[1904] + +In the original Prescript no mention was made of the peculiar objects of +the order. The Creed acknowledged the supremacy of the Divine Being, and +the Preamble the supremacy of the laws of the United States.[1905] The +Revised and Amended Prescript sets forth the character and objects of the +order: (1) To protect the weak, the innocent, and the defenceless from the +indignities, wrongs, and outrages of the lawless, the violent, and the +brutal;[1906] to relieve the injured and oppressed; to succor the +suffering and unfortunate, and especially the widows and orphans of +Confederate soldiers. (2) To protect and defend the Constitution of the +United States and all laws passed in conformity thereto, and to protect +the states and people thereof from all invasion from any source whatever. +(3) To aid and assist in the execution of all "constitutional" laws, and +to protect the people from unlawful arrest, and from trial except by their +peers according to the laws of the land.[1907] + +[Illustration: Facsimile of Page 3 of the Revised and Amended Prescript of +Ku Klux Klan.] + +The questions asked of the candidate constituted a test sufficient to +exclude all except the most friendly whites. The applicant for admission +was asked if he belonged to the Federal army or the Radical party, Union +League, or Grand Army of the Republic, and if he was opposed to the +principles of those organizations. He was asked if he was opposed to negro +equality, political and social, and was in favor of a white man's +government, of constitutional liberty and equitable laws. He was asked if +he was in favor of reënfranchisement and emancipation of the southern +whites, and the restoration to the southern people of their +rights,--property, civil, and political,--and of maintaining the +constitutional rights of the South, and if he believed in the inalienable +right of self-preservation of the people against the exercise of arbitrary +and unlicensed power. + +The Revised and Amended Prescript, made in 1868, was an attempt to give +more power of control to the central authorities in order to enable them +to regulate the obstreperous Dens. The purposes of the order, omitted in +the first Prescript, was clearly declared in the revision. Little change +was made in the administration of the order.[1908] + +The order continued to spread after the reorganization in 1867. There were +scattered Dens over north Alabama and as far south as Tuscaloosa, Selma, +and Montgomery. It came first to the towns and then spread into the +country. It was less and less an obscure organization, and more and more a +band of regulators, using mystery, disguise, and secrecy to terrify the +blacks into good behavior. It was in many ways a military organization, +the shadowy ghost of the Confederate armies.[1909] The whites were all +well-trained military men; they looked to their military chieftains to +lead them. The best men were members,[1910] though the prominent +politicians as a rule did not belong to the order. They fought the fight +against the Radicals on the other side of the field.[1911] + +After the elections in February, 1868, the Ku Klux came into greater +prominence in Alabama, especially in the northern and western portions, +while south Alabama was still quiet.[1912] + +The counties of north Alabama infested were Lauderdale, Limestone, +Madison, Jackson, Morgan, Lawrence, Franklin, Madison, Winston, Walker, +Fayette, and Blount. In central Alabama, Montgomery, Greene, Pickens, +Tuscaloosa, Calhoun, Talladega, Randolph, Chambers, Coosa, and +Tallapoosa.[1913] There were bands in most of the other counties, and in +the counties of the Black Belt. The order seldom extended to the lower +edge of the Black Belt. In the Black Belt it met the Knights of the White +Camelia, the White Brotherhood, and later the White League, and in a way +absorbed them all.[1914] + +The actual number of the men in regular organized Dens cannot be +ascertained. It was estimated that there were 800 in Madison County, and +10,000 in the state.[1915] Others said that it included all Confederate +soldiers.[1916] The actual number regularly enrolled was much less than +the number who acted as Ku Klux when they considered it necessary. In one +sense practically all able-bodied native white men belonged to the order, +and if social and business ostracism be considered as a manifestation of +the Ku Klux spirit, then the women and children also were Ku Klux. + +It is the nature and vice of secret societies of regulators to degenerate, +and the Ku Klux Klan was no exception to the rule. By 1869 the order had +fallen largely under control of a low class of men who used it to further +their own personal aims, to wreak revenge on their enemies and gratify +personal animosities. Outrages became frequent, and the order was +dangerous even to those who founded it.[1917] It had done its work. The +negroes had been in a measure controlled, and society had been held +together during the revolution of 1865-1869. The people were still +harassed by many irritations and persecutions, but while almost +unbearable, they were mostly of a nature to disappear in time as the +carpet-bag governments collapsed. The most material evil at present was +the misgovernment of the Radicals, and this could not last always. But +though the organized Ku Klux Klan was disbanded, the spirit of resistance +was higher than ever; and as each community had problems to deal with they +were met in the old manner--a sporadic uprising of a local Klan. As long +as a carpet-bagger was in power, the principles of the Klan were asserted. + + +The Knights of the White Camelia + +The order known as the Knights of the White Camelia originated in +Louisiana in 1867,[1918] and spread from thence through the Gulf states. +In Alabama it was well organized in the southwestern counties, and to some +extent throughout the lower Black Belt. It probably did not exist in the +southeastern white counties.[1919] The former local vigilance committees, +neighborhood patrol parties, and disbanded militia were absorbed into the +order, which gave them a uniform organization and a certain loose union, +and left them pretty much as independent as before. There was a closer +sympathy between southwest Alabama and Louisiana than between the two +sections of Alabama, which perhaps will account for the failure of Ku Klux +Klan to organize in the southern counties. The White Camelia came to +Alabama from New Orleans _via_ Mobile, and also through southern +Mississippi to southwestern Alabama. Later the White League came the same +way. + +In June 1868 a convention of the Knights of the White Camelia was held in +New Orleans, and a constitution was adopted for the order.[1920] The +preamble stated that Radical legislation was subversive of the principles +of government adopted by the fathers, and in order to secure safety and +prosperity the order was founded for the preservation of those principles. +The order consisted of a Supreme Council of the United States, and of +Grand, Central, and Subordinate councils. The Supreme Council with +headquarters in New Orleans consisted of five delegates from each Grand +Council. It was the general legislative body of the order, and maintained +communication within the order by means of passwords and cipher +correspondence. Communication between and with the lowest organizations +was verbal only. All officers were designated by initials.[1921] + +In each state the Grand Council[1922] was the highest body, and held its +sessions at the state capital. The membership consisted of delegates from +the Central Councils--one delegate for one thousand members. The Grand +Council had the power of legislation for the state, subject to the +constitution of the order and the laws of the Supreme Council. In each +county or parish there was a Central Council of delegates from Subordinate +Councils.[1923] It was charged with the duty of collecting the revenue and +extending the order within its limits. The lowest organization was the +Council (or Subordinate Council) in a community. This body had sole +authority to initiate members. In each county the Subordinate Councils +were designated by numbers. Each was composed of several Circles (each +under a Grand Chief); each Circle of five Groups (each under a Chief); and +each Group of ten Brothers. Officials of the order were elected by +indirect methods. An ex-member states that "during the three years of its +existence here [Perry County] I believe its organization and discipline +were as perfect as human ingenuity could have made it."[1924] + +The constitution prohibited the order as a body from nominating or +supporting any candidate or set of candidates for public office. Each +subordinate rank had the right of local legislation. Quarterly reports +were made by each division. The officers of the higher councils were known +only to their immediate subordinates. When a question came up that +could not be settled it was referred to the next higher council. + +[Illustration: FACSIMILE OF PAGE 2 OF THE ORIGINAL PRESCRIPT OF KU KLUX +KLAN.] + +[Illustration: FACSIMILE OF PAGE FROM RITUAL OF THE KNIGHTS OF THE WHITE +CAMELIA.] + +Only whites[1925] over eighteen were admitted to membership, after +election by the order in which no adverse vote was cast. Each council +acted as a court when charges were brought against its members. Punishment +was by removal or suspension from office; there was no expulsion from the +order; punishment was simply a reducing to ranks. The candidate for +membership into the order was required first to take the oath of secrecy, +which was administered by a subordinate official, who then announced him +to the next higher official.[1926] By the latter the candidate was +presented to the commander of the Council, and in answer to his +interrogations made solemn declaration that he had not married and would +never marry a woman not of the white race, and that he believed in the +superiority of the white race. He promised never to vote for any except a +white man, and never to refrain from voting at any election in which a +negro candidate should oppose a white. He further declared that he would +devote his intelligence, energy, and influence to prevent political +affairs from falling into the hands of the African race, and that he would +protect persons of the white race in their lives, rights, and property +against encroachments from any inferior race, especially the African. +After the candidate had made the proper declarations the final oath was +administered,[1927] after which he was pronounced a "Knight of the ----." + +The Commander next instructed the new members in the principles of the +order, which he declared was destined to regenerate the unfortunate +country, and to relieve the white race from its humiliating condition. Its +fundamental object was the "MAINTENANCE OF THE SUPREMACY OF THE WHITE +RACE."[1928] History and physiology were called upon to show that the +Caucasian race had always been superior to, and had always exercised +dominion over, inferior races. No human laws could permanently change the +great laws of nature. The white race alone had achieved enduring +civilization, and of all subordinate races, the most imperfect was the +African. The government of the Republic was established by white men for +white men. It was never intended by its founders that it should fall into +the hands of an inferior race. Consequently, any attempt to transfer the +government to the blacks was an invasion of the sacred rights guaranteed +by the Constitution, as well as a violation of the laws established by God +himself, and no member of the white race could submit, without humiliation +and shame, to the subversion of the established institutions of the +Republic. It was the duty of white men to resist attempts against their +natural and legal rights in order to maintain the supremacy of the +Caucasian race and restrain the "African race to that condition of social +and political inferiority for which God has destined it." There was to be +no infringement of laws, no violations of right, no force employed, except +for purposes of legitimate and necessary defence. + +As an essential condition of success, the Order proscribed absolutely any +social equality between the races. If any degree of social equality should +be granted, there would be no end to it; political equality was +necessarily involved. Social equality meant finally intermarriage and a +degraded and ignoble population. The white blood must be kept pure to +preserve the natural superiority of the race. The obligation was +therefore taken "TO OBSERVE A MARKED DISTINCTION BETWEEN THE TWO +RACES,"[1929] in public and in private life. + +One of the most important duties of the members was to respect the rights +of the negroes, and in every instance give them their lawful dues. It was +only simple justice to deny them none of their legitimate privileges. +There was no better way to show the inherent superiority of the white +race, than by dealing with the blacks in that spirit of firmness, +liberality, and impartiality which characterizes all superior +organizations. It would be ungenerous to restrict them in the exercise of +certain privileges, without conceding to them at the same time the fullest +measure of their legitimate rights. A fair construction of the white man's +duty to the black would be, not only to respect and observe their +acknowledged rights, but also to see that they were respected and observed +by others. + +These declarations give a good idea of what was in the minds of the +southern whites in 1867 and 1868, and later.[1930] + +Like the Ku Klux Klan, the Knights of the White Camelia disbanded when the +objects of the order were accomplished, or were in a fair way toward +accomplishment. In some counties it lived a year or two longer than in +others. In certain counties, by order of its authorities, it was never +organized. It did not extend north of the Black Belt, though it existed in +close proximity to the more southerly of the Klans. As the oldest of the +large secret orders, the name of Ku Klux Klan was more widely known than +the others, and hence the name was applied indiscriminately to all. A +local body would assume the name of a large one when there was no direct +connection. The other organizations similar to Ku Klux in objects and +methods[1931] did not have a strong membership in Alabama. + + +The Work of the Secret Orders + +The task before the secret orders was to regulate the conduct of the +blacks and their leaders, in order that honor, life, and property might be +made secure. They planned to do this by playing upon the fears, +superstitions, and cowardice of the black race; by creating a white terror +to offset the black one. To this end they made use of strange and horrible +disguises, mysterious and fearful conversation, midnight rides and drills, +and silent parades. + +The costume varied with the locality, often with the individual.[1932] The +Tennessee regalia was too fine for the backwoods Ku Klux to duplicate. The +cardboard hat was generally worn. It was funnel-shaped, eighteen inches to +two feet high, covered with white cloth, and often ornamented with stars +of gold, or by pictures of animals. The mask over the face was sometimes +white, with holes cut for eyes, mouth, and nose. These holes were bound +around with red braid so as to give a horrible appearance. Other eyes, +nose, and mouth were painted higher up on the hat. Black cloth with white +or red braid was also used for the mask. Sometimes simply a woman's veil +was worn over the head and held down by an ordinary woollen hat. The "hill +billy" Ku Kluxes did not adorn themselves very much. To the sides of the +cardboard hats horns were sometimes attached, and to the mask a fringe of +quills, which looked like enormous teeth and made a peculiar noise. The +mask and the robe were usually of different colors. Sometimes a black sack +was drawn over the head, and eyes, mouth, and nose holes cut in it. False +or painted beards were often worn. The robe consisted of a white or +colored gown, reaching nearly to the heels, and held by a belt around the +waist; it was usually made of fancy calico; white gowns were sometimes +striped with red or black. As long as the negro went into spasms of fear +at the sight of a Ku Klux, the usual costume seems to have been white; but +after the negro became somewhat accustomed to the Ku Klux, and learned +that there were human beings behind the robes, the regalia became only a +disguise, and less attention was devoted to making fearful costumes. As a +rule the ordinary clothes worn were underneath, but in Madison County the +Ghouls sported fancy red flannel trousers with white stripes, while the +west Alabama spirits were content with wearing ordinary dark trousers, and +shirts slashed with red. The white robe was often a bed sheet held on by a +belt. After a night ride the disguise could be taken off and stowed about +the person. The horses were covered with sheets or white cloth, held on by +the saddle and by belts. There was, at times, a disguise which fitted the +horse's head, and the horses were sometimes painted. Skeleton sheep's +heads or cows' heads, or even human skulls, were frequently carried on the +saddle-bows. A framework was sometimes made to fit the shoulders of a +Ghoul and caused him to appear twelve feet high. A skeleton wooden hand at +the end of a stick served to greet negroes at midnight. Every man had a +small whistle. The costume was completed by a brace of pistols worn under +the robe.[1933] + +[Illustration: KU KLUX COSTUMES. Worn in Western Alabama.] + +The trembling negro who ran into the Ku Klux on his return from the +love-feasts at the Loyal League meetings was informed that the white-robed +figures he saw were the spirits of the Confederate dead, killed at +Chickamauga or Shiloh, and that they were unable to rest in their graves +because of the conduct of the negroes. He was told in a sepulchral voice +of the necessity for his remaining at home more and taking a less active +part in various predatory excursions. In the middle of the night the +sleeping negro would wake to find his house surrounded by the ghostly +company, or find several standing by his bedside, ready, as soon as he +woke, to inform him that they were the ghosts of men whom he had formerly +known, killed at Shiloh. They had scratched through from Hell to warn the +negroes of the consequences of their misconduct. Hell was a dry and +thirsty land; they asked him for water. Buckets of water went sizzling +into a sack of leather, rawhide, or rubber, concealed within the flowing +robe. At other times, Hell froze over to give passage to the spirits who +were returning to earth. It was seldom necessary at this early stage to +use violence. The black population was in an ecstacy of fear. A silent +host of white-sheeted horsemen parading the country roads at night was +sufficient to reduce the black to good behavior for weeks or months. One +silent Ghoul, posted near a League meeting place, would be the cause of +the dissolution of that club. Cow bones in a sack were rattled. A horrible +being, fifteen feet tall, walking through the night toward a place of +congregation, was pretty apt to find that every one vacated the place +before he arrived. A few figures, wrapped in bed sheets and sitting on +tombstones in a graveyard near which negroes passed, would serve to keep +the immediate community quiet for weeks, and give it a reputation for +"hants" which lasts perhaps until to-day. At times the Klan paraded the +streets of the towns, men and horses perfectly disguised. The parades were +always silent, and so conducted as to give the impression of very large +numbers. Regular drills were held in town and country, and the men showed +that they had not forgotten their training in the Confederate army. There +were no commands unless in a very low tone or in a mysterious language; +usually they drilled by signs or by whistle signals.[1934] + +For a year or more,--until the spring of 1868,--the Klan was successful so +far as the negro was concerned, through its mysterious methods. The +carpet-bagger and the scalawag were harder problems. They understood the +nature of the secret order and knew its objects. As long as the order did +not use violence they were not to be moved to any great extent. Then, too, +the negro lost some of his fear of the supernatural beings. Different +methods were now used. In March and April, 1868, there was an outbreak of +Ku Kluxism over a large part of the state.[1935] For the first time the +newspapers were filled with Ku Klux orders and warnings. The warnings were +found posted on the premises of obnoxious negroes or white Radicals. The +newspapers sometimes published them for the benefit of all who might be +interested. One warning was supposed to be sufficient to cause the erring +to mend their ways.[1936] If still obstinate in their evil courses, a writ +from the Klan followed and punishment was inflicted. Warnings were sent to +all whom the Klan thought should be regulated--white or black. The +warnings were written in disguised handwriting and sometimes purposely +misspelled. The following warning was sent to I. D. Sibley, a +carpet-bagger in Huntsville:-- + + Mr. Selblys you had better leave here. You are a thief and you know + it. If you don't leave in ten days, we will cut your throat. We aint + after the negroes; but we intend for you damn carpet bag men to go + back to your homes. You are stealing everything you can find. We mean + what we say. _Mind your eye._ + + JAMES HOWSYN. + WILLIAM WHEREATNEHR. + [Rude drawing of coffin.] JOHN MIXEMUHH. + SOLIMAN WILSON. + P. J. SOLON. + + Get away! + + We ant no cu-cluxes but if you dont go we will make you.[1937] + +[Illustration: KU KLUX WARNING. + + "Dam Your Soul. The Horrible _Sepulchre_ and Bloody Moon has at last + arrived. Some live to-day to-morrow "Die." We the undersigned + understand through our Grand "Cyclops" that you have recommended a big + Black Nigger for Male agent on our nu rode; wel, sir, Jest you + understand in time if he gets on the rode you can make up your mind to + pull roape. If you have any thing to say in regard to the Matter, meet + the Grand Cyclops and Conclave at Den No. 4 at 12 o'clock midnight, + Oct. 1st, 1871. + + "When you are in Calera we warn you to hold your tounge and not speak + so much with your mouth or otherwise you will be taken on supprise and + led out by the Klan and learnt to stretch hemp. Beware. Beware. + Beware. Beware. + + (Signed) "PHILLIP ISENBAUM, + "_Grand Cyclops_. + "JOHN BANKSTOWN. + "ESAU DAVES. + "MARCUS THOMAS. + "BLOODY BONES. + + "You know who. And all others of the Klan."] + +The published orders of the Klan served a double purpose--to notify the +members of contemplated movements, and to frighten the Radicals, white or +black, who had made themselves offensive. The newspapers usually published +these orders with the remark that the order had been found or had been +sent to them with a request for publication.[1938] Each Cyclops composed +his own orders, but there was a marked resemblance between the various +decrees. The most interesting and lively orders were concocted by the +Cyclops editor of the _Tuscaloosa Independent Monitor_.[1939] Some +specimens are given below. + +A Black Belt warning was in this shape:-- + + _K. K. K._ + Friday, April 3rd, 1868 + Warning--For one who understands. + 26/3/68 No. 5--116 + Recorded 8th / 16 / 24--B. + + _K. K. K._ + +The following order was posted in Tuscaloosa:-- + + KU KLUX. + + Hell-a-Bulloo Hole--Den of Skulls. + Bloody Bones, Headquarters of the + Great Ku Klux Klan, No. 1000 + Windy Month--New Moon. + Cloudy Night--Thirteenth Hour. + + _General Orders, No. 2._ + + The great chief Simulacre summons you! + Be ready! Crawl slowly! Strike hard! + Fire around the pot! + Sweltered venom, sleeping got + Boil thou first i' the charmed pot! + Like a hell broth boil and bubble! + The Great High Priest Cyclops! C. J. F. Y. + Grim Death calls for one, two, three! + Varnish, Tar, and Turpentine! + The fifth Ghost sounds his Trumpet! + The mighty Genii wants two black wethers! + Make them, make them, make them! Presto! + + The Great Giantess must have a white barrow. Make him, make him, make + him! Presto! + + Meet at once--the den of Shakes--the Giant's jungles--the hole of + Hell! The second hobgoblin will be there, a mighty Ghost of valor. His + eyes of fire, his voice of thunder! Clean the streets--clean the + serpents' dens. + + Red hot pincers! Bastinado!! Cut clean!!! No more to be born. Fire and + brimstone. + + Leave us, leave us, leave us! One, two, and three to-night! Others + soon! + + Hell freezes! On with skates--glide on. Twenty from Atlanta. Call the + roll. _Bene dicte!_ The Great Ogre orders it! + + By order of the Great + BLUFUSTIN. + + G. S. K. K. K. + + A true copy, + PETERLOO. + P. S. K. K. K. + +The following was circulated around Montgomery in April, 1868:-- + + K. K. K. + CLAN OF VEGA. + HDQR'S K. K. K. HOSPITALLERS. + _Vega Clan_, New Moon. + 3rd Month, Anno K. K. K. 1. + + _Order No. K. K._ + + Clansmen--Meet at the Trysting Spot when Orion Kisses the Zenith. The + doom of treason is Death. _Dies Iræ._ The wolf is on his walk--the + serpent coils to strike. Action! Action!! Action!!! By midnight and + the Tomb; by Sword and Torch and the Sacred Oath at Forrester's + Altar, I bid you come! The clansmen of Glen Iran and Alpine will greet + you at the new-made grave. + + _Remember the Ides of April._ + + By command of the Grand D. I. H. + CHEG. V. + +The military authorities forbade the newspapers to publish Ku Klux +orders,[1940] and the Klan had to trust to messengers. Verbal orders and +warnings became the rule. The Den met and discussed the condition of +affairs in the community. The cases of violent whites and negroes were +brought up, one by one, and the Den decided what was to be done. Except in +the meeting the authority of the Cyclops was absolute. + +C. C. Sheets, a prominent scalawag, had been making speeches to the +negroes against the whites. The Klan visited him at his hotel at Florence, +caught him as he was trying to escape over the roof, brought him back, and +severely lectured him in regard to his conduct. They explained to him that +the Klan was a conservative organization to hold society together. A +promise was required of Sheets to be more guarded in his language for the +future. He saw the light and became a changed man.[1941] When a +carpet-bagger became unbearable, he would be notified that he must go +home, and he usually went. If an official, he resigned or sold his office; +the people of the community would purchase a $100 lot from him for $2500 +in order to pay for the office. The office was not always paid for; a +particularly bad man was lucky to get off safe and sound.[1942] +Objectionable candidates were forced to withdraw, or to take a +conservation bondsman, who conducted the office.[1943] + +Before the close of 1868 the mysterious element in the power of Ku Klux +Klan ceased to be so effective. The negroes were learning. Most of the +mummery now was dropped. The Klan became purely a body of regulators, +wearing disguises. It was said that in order to have time to work for +themselves, and in order not to frighten away negro laborers, the Klan +became accustomed to making its rounds in the summer after the crops were +laid by, and in the winter after they were gathered.[1944] + +The activities of the Klan were all-embracing. From regulating bad negroes +and their leaders they undertook a general supervision of the morals of +the community. Houses of ill-fame were visited, the inmates, white or +black, warned and sometimes whipped. Men who frequented such places were +thrashed. A white man living with a negro woman was whipped, and a negro +man living with a white woman would be killed.[1945] A negro who aired his +opinion in regard to social equality was sure to be punished. One negro in +north Alabama served in the Union army and, returning to Alabama, boasted +that he had a white wife up North and expected to see the custom of mixed +marriages grow down South. He was whipped and allowed a short time in +which to return North.[1946] White men who were too lazy to support their +families, or who drank too much whiskey, or were cruel to their families, +were visited and disciplined. Such men were not always Radicals--not by +any means.[1947] Special attention was paid to the insolent and dangerous +negro soldiers who were mustered out in the state. As a rule they had +imbibed too many notions of liberty, equality, and fraternity ever to +become peaceable citizens. They brought their arms back with them, made +much display of them, talked largely, drilled squads of blacks, fired +their hearts with tales of the North, and headed much of the deviltry. The +Klan visited such characters, warned them, thrashed them, and disarmed +them. Over north Alabama there was a general disarming of negroes.[1948] + +The tories or "unionists," who had never ceased to commit depredations on +their Confederate neighbors, were taken in hand by the Klan. In parts of +the white counties where there were neither negroes nor carpet-baggers the +Klan's excuse for existence was to hold in check the white outlaws. For +years after the war the lives and property of ex-Confederates were not +safe. A smouldering civil war existed for several years, and the Klan was +only the ex-Confederate side of it. + +During the administration of Governor Smith there was no organized +militia. The militia laws favored the black counties at the expense of the +white ones, and Smith was afraid to organize negro militia; he shared the +dislike of his class for negroes. There were not enough white +reconstructionists to organize into militia companies. The governor was +afraid to accept organizations of Conservatives; they might overthrow his +administration. So he relied entirely upon the small force of the Federal +troops stationed in the state to assist the state officials in preserving +order. The Conservative companies, after their services were rejected, +sometimes proceeded to drill without authority, and became a kind of +extra-legal militia. In this they were not secret. But the drills had a +quieting effect on marauders of all kinds, and the extra-legal militia of +the daytime easily became the illegal night riders of the Klan.[1949] + +The operations of the Klan, especially in the white counties which had +large negro populations, were sometimes directed against negro churches +and schoolhouses, and a number of these were burned.[1950] This hostility +may be explained in several ways: The element of poor whites in the Klan +did not approve of negro education; all negro churches and schoolhouses +were used as meeting places for Union Leagues, political gatherings, etc.; +they were the political headquarters of the Radical Party;[1951] again, +the bad character of some of the white teachers of negro schools or the +incendiary teachings of others was excuse for burning the schoolhouses. +The burning of school and church buildings took place almost exclusively +in the white counties of northern and eastern Alabama. The school and +church buildings of the whites were also burned.[1952] The negroes were +invariably assisted by the whites in rebuilding the houses. Most of the +burnings were probably done by the so-called spurious Ku Klux. The +teachers of negro schools who taught revolutionary doctrines or who became +too intimate with the negroes with whom they had to board were +disciplined, and the negroes also with whom they offended.[1953] It was +likewise the case with the northern missionaries, especially the Northern +Methodist preachers who were seeking to disrupt the Southern Methodist +Church. Parson Lakin when elected president of the State University was +chased away by the Ku Klux, and life was made miserable for the Radical +faculty.[1954] Thieves, black and white, and those peculiar clandestine +night traders who purchased corn and cotton from the negroes after dark +were punished.[1955] + +The quietest and most effective work was done in the Black Belt +principally by the Knights of the White Camelia. Nothing was attempted +beyond restraining the negroes and driving out the carpet-baggers when +they became unbearable. There were few cases of violence, fewer still of +riots or operations on a large scale.[1956] In northern and western +Alabama were the most disordered conditions.[1957] The question was +complicated in these latter regions by the presence of poor whites and +planters, negroes, Radicals and Democrats, Confederates and Unionists. +Tuscaloosa County, the location of the State University, is said to have +suffered worst of all. A strong organization of Ku Klux cleared it out. In +the northern and western sections of the state politics were more likely +to enter into the quarrels. The Radicals--white and black--were more apt +to be disciplined because of politics than in the Black Belt. Negroes and +offensive whites were warned not to vote the Radical ticket. There was a +disposition to suppress, not to control, the negro vote as the Black Belt +wanted to do. There were more frequent collisions, more instances of +violence. + +The most famous parade and riot of the Ku Klux Klan occurred in +Huntsville, in 1868, before the presidential election. A band of 1500 Ku +Klux[1958] rode into the city and paraded the streets. Both men and horses +were covered with sheets and masks. The drill was silent; the evolutions +were executed with a skill that called forth praise from some United +States army officers who were looking on. The negroes were in a frenzy of +fear, and one of them fired a shot. Immediately a riot was on. The negroes +fired indiscriminately at themselves and at the undisguised whites who +were standing around. The latter returned the fire; the Ku Klux fired no +shots, but formed a line and looked on. Several negroes were wounded, and +Judge Thurlow, a scalawag, of Limestone County, was accidentally killed by +a chance shot from a negro's gun. The whites who took part received only +slight wounds. Some of the Ghouls were arrested by the military +authorities, but were released.[1959] This was, in the annals of the +Radical party, a great Ku Klux outrage. + +Another widely heralded Ku Klux outrage was the Patona or Cross Plains +affair, in Calhoun County, in 1870. It seems that at Cross Plains a negro +boy was hired to hold a horse for a white man. He turned the horse loose, +and was slapped by the white fellow. Then the negro hit the white on the +head with a brick. Other whites came up and cuffed the negro, who went to +Patona, a negro railway village a mile away, and told his story. William +Luke, a white Canadian, who was teaching a negro school at Patona, advised +the negroes to arm themselves and go burn Cross Plains in revenge and for +protection. Thirty or forty went, under the leadership of Luke, and made +night hideous with threats of violence and burning, but finally went away +without harming any one. The next night Luke and his negroes returned, and +fired into a congregation of whites just dismissed from church. None were +injured, but Luke and several negroes were arrested. There were signs of +premeditated delay on the part of some of the civil authorities, so the Ku +Klux came and took the Canadian and four negroes from the officers, +carried them to a lonely spot, and hanged some and shot the rest.[1960] + +In Greene County the county solicitor, Alexander Boyd, an ex-convict, +claimed to have evidence against members of the Ku Klux organization. He +boasted about his plans, and the Ku Klux, hearing of it, went to his hotel +in Eutaw and shot him to death.[1961] + +Another famous outrage was the Eutaw riot, in 1870. Both Democrats and +Radicals had advertised political meetings for the same time and place. +The Radicals, who seem to have been the latest comers, asked the Democrats +for a division of time. The latter answered that the issues as to men or +measures were not debatable. So the Democrats and Radicals held their +meetings on opposite sides of the court-house. The Democrats' meeting +ended first, and they stood at the edge of the crowd to hear the Radical +speakers. Some of the hot bloods came near the stand and made sarcastic +remarks. One man who was to speak, Charles Hays, was so obnoxious to the +whites that even the Radicals were unwilling for him to speak. He +persisted, and some one, presumably a Conservative, pulled his feet out +from under him, and he fell off the table from which he was speaking. The +negroes, seeing his fall, rushed forward with knives and pistols to +protect him. A shot was fired, which struck Major Pierce, a Democrat, in +the pocket. Then the whites began firing, principally into the air. The +negroes tore down the fence in their haste to get away. After the whites +had chased the negroes out of town the military came leisurely in and +quelled the riot.[1962] The campaign report of casualties was five killed +and fifty-four wounded. As a matter of fact only one wounded negro was +ever found, and no dead ones.[1963] + +A common kind of outrage was that on James Alston, the negro +representative in the legislature from Macon County in 1870. Alston was +shot by negro political rivals just after a League meeting in Tuskegee. +They were arrested, and Alston asked the whites to protect him. The +Democratic white citizens of Tuskegee guarded him. The carpet-bag +postmaster in Tuskegee saw the possibilities of the situation and sent +word to the country negroes to come in armed, that Alston had been shot. +They swarmed into Tuskegee, and, thinking the whites had shot Alston, were +about to burn the town. The white women and children were sent to +Montgomery for safety. About the same time the negroes murdered three +white men. The excitement reached Montgomery, and a negro militia company +was hastily organized to go to the aid of the Tuskegee negroes. General +Clanton got hold of the sheriff, and they succeeded in turning back the +negro volunteer company. The affair passed off without further bloodshed, +and Alston was notified to leave Tuskegee.[1964] + +There were no collisions between the United States soldiers and the night +riders. At first they were on pretty good terms with one another. The +soldiers admired their drills and parades and the way they scared the +negroes. One impudent Cyclops rode his band into Athens, and told the +commanding officer that they were there to assist in preserving order, +and, if he needed them, would come if he scratched on the ground with a +stick.[1965] + +While there was not much dependence upon central authority,[1966] there +was a loose bond of federation between the Dens. They coöperated in their +work; a Den from Pickens County would operate in Tuscaloosa or Greene and +_vice versa_. Alabama Ku Kluxes went into Mississippi and Tennessee, and +those states returned such favors. When the spurious organizations began +to commit outrages, each state claimed that the other one furnished the +men.[1967] + +The oath taken by the Ku Klux demanded supreme allegiance to the order so +far as related to the problems before the South. Members of the order sat +on juries and refused to convict; were summoned as witnesses and denied +all knowledge of the order; were members of the legislature, lawyers, etc. +It is claimed that no genuine members of the order were ever caught and +convicted.[1968] + +Though the Klan was almost wholly a Democratic organization,[1969] it took +little share in the ordinary activities of politics, more perhaps in the +northern counties than elsewhere. In Fayette County, in 1870, the Klan +went on a raid, and when returning stopped in the court-house, took off +disguises, resolved themselves into a convention, and nominated a county +ticket.[1970] Nothing of the kind was done in south Alabama; indeed, the +constitution of the White Camelias forbade interference in politics.[1971] +The Union League meetings were broken up only when they were sources of +disorder, thievery, etc. When cases of outrage were investigated, it was +almost invariably found that they had no political significance. Governor +Lindsay sent an agent into every community where an outrage was reported, +and in not a single instance was a case of outrage by Ku Klux discovered. + +It is probably true that few, if any, of the leading Democratic +politicians were members of the Klan or of any similar organization. Under +certain conditions they might be driven by force of circumstances to join +in local uprisings against the rule of the Radicals. But as a rule they +knew little of the secret orders. There were various reasons for this. The +Conservative leaders saw the danger in such an organization, though +recognizing the value of its services. It was sure to degenerate. It might +become too powerful. It would have a bad influence on politics and would +furnish too much campaign literature for the Radicals. It would result in +harsh legislation against the South. The testimony of General +Clanton[1972] and Governor Lindsay[1973] shows just what the party leaders +knew of the order and what they thought of it. The Ku Klux leaders were +not the political leaders.[1974] The newspapers of importance opposed the +order. The opposition of the political leaders to the Klan in its early +stages was not because of any wrong done by it to the Radicals, but +because of fear of its acting as a boomerang and injuring the white party. +It was the middle classes, so to speak, and later the lower classes, who +felt more severely the tyranny of the carpet-bag rule, who formed and led +the Klan. The political leaders thought that in a few years political +victories would give relief; the people who suffered were unable to wait, +and threw off the revolutionary government by revolutionary means.[1975] + +The work of the secret orders was successful. It kept the negroes quiet +and freed them to some extent from the baleful influence of alien leaders; +the burning of houses, gins, mills, and stores ceased; property was more +secure; people slept safely at night; women and children were again +somewhat safe when walking abroad,--they had faith in the honor and +protection of the Klan; the incendiary agents who had worked among the +negroes left the country, and agitators, political, educational, and +religious, became more moderate; "bad niggers" ceased to be bad; labor was +less disorganized; the carpet-baggers and scalawags ceased to batten on +the southern communities, and the worst ones were driven from the +country.[1976] It was not so much a revolution as a conquest of +revolution.[1977] Society was bent back into the old historic grooves from +which war and Reconstruction had jarred it. + + +Spurious Ku Klux Organizations + +After an existence of two or three years the Ku Klux Klan was disbanded in +March, 1869, by order of the Grand Wizard. It was at that time illegal to +print Ku Klux notices and orders in the newspapers. It is probable, +therefore, that the order to disband never reached many Dens. However, one +or two papers in north Alabama did publish the order of dissolution, and +in this way the news obtained a wider circulation.[1978] Many Dens +disbanded simply because their work was done. Otherwise the order of the +Grand Wizard would have had no effect. Numbers of Dens had fallen into the +hands of lawless men who used the name and disguise for lawless purposes. +Private quarrels were fought out between armed bands of disguised men. +Negroes made use of Ku Klux methods and disguises when punishing their +Democratic colored brethren and when on marauding expeditions.[1979] This, +however, was not usual except where the negroes were led by whites. Horse +thieves in northern and western Alabama, and thieves of every kind +everywhere, began to wear disguises and to announce themselves as Ku Klux. +All their proceedings were heralded abroad as Ku Klux outrages.[1980] + +In Morgan County a neighborhood feud was resolved into two parties calling +themselves Ku Klux and Anti Ku Klux, and frequently fights resulted. In +Blount and Morgan counties (1869) former members of the Ku Klux organized +the Anti Ku Klux along the lines of the Ku Klux, held regular meetings, +and continued their midnight deviltry as before. It was composed largely +of Union men who had been Federal soldiers.[1981] In Fayette County the +Anti Ku Klux order was styled, by themselves and others, "Mossy Backs" or +"Moss Backs," in allusion to their war record. They were regularly +organized and had several collisions with another organization which they +called the Ku Klux. The Radical sheriff summoned the "Moss Backs" as a +_posse_ to assist in the arrest of the Ku Klux, as they called the +ex-Confederates.[1982] As long as the Federal troops were in the state it +was the practice of bands of thieves to dress in the army uniform and go +on raids. + +The Radicals took care that all lawlessness was charged to the account of +Ku Klux. It was to their interest that the outrages continue and furnish +political capital. Governor Smith accused Senator Spencer and Hinds and +Sibley, of Huntsville, of fostering Ku Klux outrages for political +purposes.[1983] + +The disordered condition of the country during and after the war led to a +general habit among the whites of carrying arms. This fact and the +drinking of bad whiskey accounts for much of the shooting in quarrels +during the decade following the war. Few of these quarrels had any +connection with politics until they were catalogued in the Ku Klux Report +as Democratic outrages. As a matter of fact, nearly all the whites killed +by whites or by blacks were Democrats. The white Radicals were too few in +number to furnish many martyrs.[1984] The anti-negro feeling of the poorer +whites found expression after the war in movements against the blacks, +called Ku Klux outrages. In Winston County, a Republican stronghold, the +white mountaineers met and passed resolutions that no negro be allowed in +the county. General Clanton stated that he found a similar prejudice in +all the hill counties.[1985] + +In the Tennessee valley the planters found difficulty in securing negro +labor because of the operations of the spurious Ku Klux. In Limestone, +Madison, and Lauderdale counties the tory element hated the negroes, who +lived on the best land, and attempts were made to drive them off. The +tories were incensed against the planters because they preferred negro +labor.[1986] Judge W. S. Mudd of Jefferson County testified that the +anti-negro outrages in Walker and Fayette counties were committed by the +poorer whites, who did not like negroes and wanted a purely white +population there. In the white counties generally the negro held no +political power and hence the outrages were not political, but because of +racial prejudice. In the north Alabama mountain counties the majority of +the whites were in favor of deportation and colonization of the blacks. +But in nearly every county there was also the large landholder, formerly a +slaveholder, who wanted the negro to stay and work, and who treated the +ex-slave kindly. The poorer whites who had never owned slaves nor much +property wanted the negro out of the way.[1987] As a general rule, where +the population was exclusively white, the people disliked the negro and +wanted no contact with the black race. They wanted a white society, and +all lands for the whites. In one precinct in Jefferson County, where all +the whites were Republican, an organization of boys and young men was +formed to drive out the negroes and keep the precinct white. In the black +counties exactly the opposite was true. The secret orders merely wanted to +control negro labor and keep it, regulate society, and protect property. +General Forney stated that in Calhoun the small mountain farmers, +non-slaveholding, poorer whites, were intensely afraid of social equality +and hated the negroes, who called them "poor white trash." The feeling was +cordially returned by the negroes.[1988] + +From Tallapoosa County and from eastern Alabama generally, where the +Black Cavalry and its successors flourished, there was a general exodus of +negroes who had lived on the richer lands of the larger farms and +plantations. The white renters and small farmers were afraid, after +slavery was abolished and the negroes were free, that the latter would +drag all others down to negro level. The planters preferred negro labor. +Therefore the poorer whites united to drive out the negro. This was called +Ku Kluxism. The whites wanted higher pay.[1989] Wage-earners felt that +they could not compete with the negro, who could work for lower wages. +General Crawford, who commanded the United States troops in Alabama, +stated that the planter bore no antagonism toward the negro at all, but he +wanted his labor; that at present he saw the uselessness of interfering +with the negro's politics and was indifferent about whether the negro +voted or not; he looked forward to the time when the black voters would +fall away from their alien leaders and would vote according to the advice +of their old masters; on the other hand, the poorer whites, many of them +from the hill country, were hostile to the negroes; they disliked to see +them at work building the new railroads, and on all the rich lands, and +possessed of political privileges. If rid of the negro, they could be more +prosperous and divide the political spoils now shared by the adventurers +who controlled the black vote. In north Alabama the negro was more +generally kept away from the polls.[1990] This feeling on the part of the +poor whites was not new, but had survived from slavery days, and its +manifestations were now called Ku Kluxism. The negro was no longer under +the protection of a master, and the former master was no longer able to +protect the negro. However, there was a general movement among the +ex-slaves, under the pressure, to return to their old masters. + + +Attempts to suppress the Ku Klux Movement + +In March and April, 1868, the operations of the Ku Klux Klan came to the +notice of General Meade, who was then in command of the Third Military +District. By his direction General Shepherd issued an order from +Montgomery, requiring sheriffs, mayors, police, constables, magistrates, +marshals, etc., under penalty of being held responsible, to suppress the +"iniquitous" organization and apprehend its members. The expenses of +_posses_ were to be charged against the county. If the code of Alabama was +silent on the subject of the offence, the prisoners were to be turned over +to the military authorities for trial by military commission. The state +officers were reminded that the code of Alabama derived its vitality from +the commanding general of the Third Military District, and in case of a +conflict between the code and military orders, the latter were paramount. +The posting of placards and the printing in newspapers of orders, +warnings, and notices of Ku Klux Klans was forbidden. In no case would +ignorance be considered as an excuse. Citizens who were not officers would +not be held guiltless in case of outrage in their community.[1991] This +was a revival of the method of holding a community responsible for the +misdeeds of individuals. + +Troops were shifted about over northern and central Alabama in an endeavor +to suppress Ku Klux. Several arrests were made, but there were no trials. +There was much parade and night riding, but as yet little violence. The +soldiers could do nothing. + +When the carpet-bag government was installed, the military forces of the +United States remained to support it. Every one called upon the military +commands for aid--governor, sheriffs, judges, members of Congress, +justices of the peace, and prominent politicians. No request from official +sources was ever refused, and they were frequent. From October 31, 1868, +to October 31, 1869, there were fifteen different shiftings of bodies of +troops for the purpose of checking the Ku Klux movement. This does not +include the movements made in individual cases, but only changes of +headquarters. These were principally in northern and western Alabama--at +Huntsville, Livingston, Guntersville, Lebanon, Edwardsville, Alpine, +Summerfield, Decatur, Marysville, Vienna, and Tuscaloosa.[1992] + +After a few months' experience of the carpet-bag government, the bands of +Ku Klux were excited to renewed activity. The legislature which met in +September, 1868, memorialized the President to send an armed force to +Alabama to execute the laws, and to preserve order, etc., during the +approaching presidential election. Governor Smith with two members of the +Senate and three of the lower house were appointed to bear the +application to the President.[1993] In December an act was passed +authorizing any justice of the peace to issue warrants running in any part +of the state, and authorizing any sheriff or constable to go into any +county to execute such process.[1994] This enabled a sheriff of proper +politics to enter counties where the officials were not of the proper +faith, and arrest prisoners. + +One of the members of the general assembly, M. T. Crossland, was killed by +the Klan, it was alleged. The legislature offered a reward of $5000 for +his slayers, and authorized the appointment of a committee to investigate +the recent alleged outrages and to report by bill.[1995] The +committee,[1996] after pretence of an examination of about a dozen +witnesses, all Radicals, some by affidavit only, reported that there was +in many portions of Alabama a secret organization, purely political, known +as Ku Klux Klan, and that Union men and Republicans were the sole objects +of its abuse, none of the opposite politics being interfered with. It +worked by means of threatening letters, warnings, and beatings; by +intimidation and threats negroes were driven from the polls; negro +schoolhouses were burned; teachers were threatened, ostracized, and driven +from employment; officers of the law were obstructed in the discharge of +their duty and driven away. In some parts of the state, the report +declared, it was impossible for the civil authorities to maintain order. +The governor was authorized and advised to declare martial law in the +counties of Madison, Lauderdale, Butler, Tuscaloosa, and Pickens.[1997] +The committee reported a bill, which was passed, with a preamble of +twenty-two lines reciting the terrible condition of the state. To appear +away from home in mask or disguise was made a misdemeanor, punishable by +a fine of $100 and imprisonment from six months to one year. For a +disguised person to commit an assault was made a felony, and punishment +was fixed at a fine of $1000, and imprisonment from five to twenty years. +Any one might kill a person in disguise. The penalty for destruction of +property by disguised persons--burning a schoolhouse or church--was +imprisonment from ten to twenty years. A warrant might be issued by any +magistrate directed to any lawful officer of the state to arrest disguised +offenders, and in case of refusal or neglect to perform his duty, the +official was to forfeit his office and be fined $500.[1998] + +Two days later it was enacted that in case a person were killed by an +outlaw, or by a mob, or by disguised persons, or for political opinion, +the widow or next of kin should be entitled to recover of the county in +which the killing occurred the sum of $5000. The claimants should bring +action in the circuit court, and in case judgment were rendered in favor +of the claimants, the county commissioners should assess an additional tax +sufficient to pay damages and costs. Failure of any official to perform +his duty in such cases was punishable by a fine of $100 or imprisonment +for twelve months for every thirty days of neglect or failure. In case of +whipping the amount of damages collectible from the county was $1000. But +if the offenders were arrested and punished, there could be no claim for +damages. And if the offenders were arrested during the pendency of the +suit for damages, the presiding judge might suspend proceedings in the +damage suit until the result of the trial of the offenders was known. It +was made the duty of the solicitor to prosecute the claim for the +relatives, and his fee was fixed at 10 per cent of the amount recovered; +and if the relatives failed to sue within twelve months, the solicitor was +to prosecute in the name of the state, and the damages were to go to the +asylums for the insane, deaf, dumb, and blind.[1999] + +A number of arrests were made under these acts, but only one or two +convictions were secured. It resulted that most of the arrests were of +ignorant and penniless negroes, who were unable to pay any fine whatever. +Governor Lindsay defended several such cases. The laws were so severe that +the officials were unwilling to prosecute under them, but always +prosecuted under the ordinary laws. + +After 1868 there was no further anti-Ku-Klux legislation by the state +government, but in 1869-1870 some of the southern states, Alabama among +them, began to show signs of going Democratic. Virginia, Georgia, +Mississippi, and Texas had been forced to ratify the Fifteenth Amendment +in order to secure the requisite number for its adoption.[2000] President +Grant then sent in a message announcing the ratification as "the most +important event that has occurred since the nation came into life."[2001] +Congress responded to the hint in the message by passing the first of the +Enforcement Acts, which had been hanging fire for nearly two years. The +excuse for its passage was that the Ku Klux organizations would prevent +the blacks from voting in the fall elections of 1870.[2002] The act, as +approved on May 31, 1870, declared that all citizens were entitled to vote +in all elections without regard to color or race and provided that +officials should be held personally responsible that all citizens should +have equal opportunity to perform all tests or prerequisites to +registration or voting; election officials were held responsible for fair +elections; any person who hindered another in voting might be fined $500, +to go to the party aggrieved, and persons in disguise might be fined $5000 +or imprisoned for ten years, or both, and should be disfranchised besides. +Federal courts were to have exclusive jurisdiction over cases arising +under this law, and Federal officials were to see to its execution; the +penalty for obstructing an official or assisting an escape might be $500 +fine and six months' imprisonment; the President was given authority to +use the army and navy to enforce the law; the district attorneys of the +United States were to proceed by _quo warranto_ against disfranchised +persons who were holding office, and such persons might be fined $1000 and +imprisonment for one year,--such cases were to have precedence on the +docket; the same penalties were visited upon those who under color of any +law deprived a citizen of any right under this law; the Civil Rights Bill +of 1866, April 9, was reënacted;[2003] fraud, bribery, intimidation, or +undue influence or violation of any election law at Congressional +elections might be punished by a fine of $500 and imprisonment for three +years; registrations--congressional, state, county, school, or town--came +under the same regulation, and officials of all degrees who failed in +their duty were liable to the same penalties; a defeated candidate might +contest the election in the Federal courts when there were cases of the +negro having been hindered from voting.[2004] + +This act marked the arrival of the most ruthless period of Reconstruction. +Endowing the negro with full political rights had not sufficed to overcome +the white political people. Disappointed in that, an attempt was now to be +made so to regulate southern elections as to put the mass of the white +population permanently under the control of the negroes and their white +leaders, and to secure the permanent control of those states to the +Republican party. Tennessee had already escaped from the Radical rule, and +stringent measures were necessary to prevent like action in the other +states. Notwithstanding the Enforcement Act, Alabama, in the election of +1870, went partially Democratic, which was to the Radical leaders _prima +facie_ evidence of the grossest frauds in elections. Other states were in +a similarly bad condition. + +The supplementary Enforcement Act of February 28, 1871, provided for the +appointment of two supervisors to each precinct by the Federal circuit +judge upon the application of two persons; the Federal courts were to be +in session during elections for business arising under this act; the +supervisors were to have full authority around the polls, and were to +certify and send in the returns, and report irregularities, which were to +be investigated by the chief supervisor, who was to keep all records; the +supervisors were to be assisted in each precinct by two special deputy +marshals appointed by the United States marshal for that district. These +deputies and also the supervisors had full power to arrest any person and +to summon a _posse_ if necessary. Offenders were haled at once before the +Federal court. Any election offence was punishable by a fine of $3000 and +imprisonment of two years, with costs. To refuse to give information in an +investigation subjected the person to a fine of $100 and thirty days' +imprisonment and costs. State courts were forbidden to try cases coming +under the act, and proceedings after warning, by state officials, resulted +in imprisonment and fine amounting to one year and $500 to $1000, plus +costs.[2005] + +It was feared that these acts might prove insufficient to carry the +southern states for the Republican party in 1872. Grant was becoming more +and more radical as the Republican nominating convention and the elections +drew nearer. Under the influence of the Radical leaders, he sent, on March +23, 1871, a message[2006] to Congress, declaring that in some of the +states a condition of affairs existed rendering life and property +insecure, and the carrying of mails and collection of revenue dangerous; +the state governments were unable to control these evils; and it was +doubtful if the President had the authority to interfere. He therefore +asked for legislation to secure life, property, and the enforcement of +law.[2007] + +Congress came to the rescue with the Ku Klux Act of April 20, 1871, "in +which Congress simply threw to the winds the constitutional distribution +of powers between the states and the United States government in respect +to civil liberty, crime, and punishment, and assumed to legislate freely +and without limitation for the preservation of civil and political rights +within the state."[2008] + +It gave the President authority to declare the southern states in +rebellion and to suspend the writ of _habeas corpus_--after a proclamation +against insurrection, domestic violence, unlawful combinations, and +conspiracies. Such a state of affairs was declared a rebellion, and the +President was authorized to use the army and navy to suppress it. Heavy +penalties were denounced ($500 to $5000 fine, and six months' to six +years' imprisonment) against persons who conspired to overthrow or destroy +the United States government or to levy war against the United States; or +who hindered the execution of the laws of the United States, seized its +property, prevented any one from accepting or holding office or +discharging official duties, drove away or injured, in person or property, +any official or any witness in court, went in disguise on highway or on +the premises of others, and hindered voting or office-holding. Any person +injured in person, property, or privilege had the right to sue the +conspirators for damages under the Civil Rights Bill. In Federal courts +the jurors had to take oath that they were not in any way connected with +such conspiracies, and the judges were empowered to exclude suspected +persons from the jury. Persons not connected with such conspiracies, yet +having knowledge of such things, were liable to the injured party for all +damages.[2009] + +On May 3, 1871, Grant issued a proclamation calling attention to the fact +that the law was one of "extraordinary public importance" and, while of +general application, was directed at the southern states, and stating that +when necessary he would not hesitate to exhaust the powers vested by the +act in the executive. The failure of local communities to protect all +citizens would make it necessary for the national government to +interfere.[2010] + + +Ku Klux Investigation + +In order to justify the passage of the Enforcement Acts and to obtain +material for campaign use the next year, Congress appointed a committee, +which was organized on the day the Ku Klux Act was approved, to +investigate the condition of affairs in the southern states.[2011] From +June to August, 1871, the committee took testimony in Washington. In the +fall subcommittees visited the various southern states selected for the +inquisition. About one-fourth of the Alabama testimony was taken in +Washington, the rest was taken by the subcommittee in Alabama. + +The members of the subcommittee that took testimony in Alabama were +Senators Pratt and Rice, and Messrs. Blair, Beck, and Buckley of the +House. Blair and Beck, the Democratic members, were never present +together. So the subcommittee consisted of three Republicans and one +Democrat. C. W. Buckley was a Radical Representative from Alabama, a +former Bureau reverend, who worked hard to convict the white people of the +state of general wickedness. The subcommittee held sessions in Huntsville, +October 6-14; Montgomery, October 17-20; Demopolis, October 23-28; +Livingston, October 30 to November 3; and in Columbus, Mississippi, for +west Alabama, November 11. All these places were in black counties. +Sessions were held only at easily accessible places, and where scalawag, +carpet-bag, and negro witnesses could easily be secured. Testimony was +also taken by the committee in Washington from June to August, 1871. + +It is generally believed that the examination of witnesses by the Ku Klux +committees of Congress was a very one-sided affair, and that the testimony +is practically without value for the historian, on account of the immense +proportion of hearsay reports and manufactured tales embraced in it. Of +course there is much that is worthless because untrue, and much that may +be true but cannot be regarded because of the character of the witnesses, +whose statements are unsupported. But, nevertheless, the 2008 pages of +testimony taken in Alabama furnish a mine of information concerning the +social, religious, educational, political, legal, administrative, +agricultural, and financial conditions in Alabama from 1865 to 1871. The +report itself, of 632 pages, contains much that is not in the testimony, +especially as regards railroad and cotton frauds, taxation, and the public +debt, and much of this information can be secured nowhere else. + +The minority members of the subcommittee which took testimony in Alabama, +General Frank P. Blair and later Mr. Beck of New York, caused to be +summoned before the committee at Washington, and before the subcommittee +in Alabama, the most prominent men of the state--men who, on account of +their positions, were intimately acquainted with the condition of affairs. +They took care that the examination covered everything that had occurred +since the war. The Republican members often protested against the evidence +that Blair proposed to introduce, and ruled it out. He took exceptions, +and sometimes the committee at Washington admitted it; sometimes he +smuggled it in by means of cross-questioning, or else he incorporated it +into the minority report. On the other hand, the Republican members of the +subcommittee seem to have felt that the object of the investigation was +only to get campaign material for the use of the Radical party in the +coming elections. They summoned a poor class of witnesses, a large +proportion of whom were ignorant negroes who could only tell what they had +heard or had feared. The more respectable of the Radicals were not +summoned, unless by the Democrats. In several instances the Democrats +caused to be summoned the prominent scalawags and carpet-baggers, who +usually gave testimony damaging to the Radical cause. + +An examination of the testimony shows that sixty-four Democrats and +Conservatives were called before the committee and subcommittee. Of these, +fifty-seven were southern men, five were northern men residing in the +state, and two were negroes. The Democrats testified at great length, +often twenty to fifty pages. Blair and Beck tried to bring out everything +concerning the character of carpet-bag rule.[2012] + +Thirty-four scalawags, fifteen carpet-baggers, and forty-one negro +Radicals came before the committee and subcommittee. Some of these were +summoned by Blair or Beck, and a number of them disappointed the +Republican members of the committee by giving Democratic testimony.[2013] +The Radicals could only repeat, with variations, the story of the Eutaw +riot, the Patona affair, the Huntsville parade, etc. Of the prominent +carpet-baggers and scalawags whose testimony was anti-Democratic, most +were men of clouded character.[2014] The testimony of the higher Federal +officials was mostly in favor of the Democratic contention.[2015] The +negro testimony, however worthless it may appear at first sight, becomes +clear to any one who, knowing the negro mind, remembers the influences +then operating upon it. From this class of testimony one gets valuable +hints and suggestions. The character of the white scalawag and carpet-bag +testimony is more complex, but if one has the history of the witness, the +testimony usually becomes intelligible. In many instances the testimony +gives a short history of the witness. + +The material collected by the Ku Klux Committee, and other committees that +investigated affairs in the South after the war, can be used with profit +only by one who will go to the biographical books and learn the social and +political history of each person who testified. When the personal history +of an important witness is known, many obscure things become plain. Unless +this is known, one cannot safely accept or reject any specific testimony. +To one who works in Alabama Reconstruction, Brewer's "Alabama," Garrett's +"Reminiscences," the "Memorial Record," old newspaper files, and the +memories of old citizens are indispensable. + +There is in the first volume of the Alabama Testimony a delightfully +partisan index of seventy-five pages. In it the summary of Democratic +testimony shows up almost as Radical as the most partisan on the other +side. It is meant only to bring out the violence in the testimony. +According to it, one would think all those killed or mistreated were +Radicals. The same man frequently figures in three situations, as "shot," +"outraged," and "killed." General Clanton's testimony of thirty pages gets +a summary of four inches, which tells nothing; that of Wager, a Bureau +agent, gets as much for twelve pages, which tells something; and that of +Minnis, a scalawag, twice as much. There is very little to be found in the +testimony that relates directly to the Ku Klux Klan and similar +organizations. Had the sessions of the subcommittee been held in the white +counties of north and southwest Alabama, where the Klans had flourished, +probably they might have found out something about the organization. But +the minority members were determined to expose the actual condition of +affairs in the state from 1865 to 1871. No matter how much the Radicals +might discover concerning unlawful organizations, the Democrats stood +ready with an immense deal of facts concerning Radical misgovernment to +show cause why such organizations should arise. Consequently the three +volumes of testimony relating to Alabama are by no means pro-Radical, +except in the attitude of the majority of the examiners.[2016] + +Below is given a table of alleged Ku Klux outrages, compiled from the +testimony taken. The Ku Klux report classifies all violence under the four +heads: killing, shooting, outrage, whipping. The same case frequently +figures in two or more classes. Practically every case of violence, +whether political or not, is brought into the testimony. The period +covered is from 1865 to 1871. Radical outrages as well as Democratic are +listed in the report as Ku Klux outrages. In a number of cases Radical +outrages are made to appear as Democratic. Many of the cases are simply +hearsay. It is not likely that many instances of outrage escaped notice, +for every case of actual outrage was proven by many witnesses. Every +violent death of man, woman, or child, white or black, Democratic or +Radical, occurring between 1865 and 1871, appears in the list as a Ku Klux +outrage. Evidently careful search had been made, and certain witnesses had +informed themselves about every actual deed of violence. There were then +sixty-four counties in the state, and in only twenty-nine of them were +there alleged instances of Ku Klux outrage. + +TABLE OF ALLEGED OUTRAGES COMPILED FROM THE KU KLUX TESTIMONY + + ========================================================== + COUNTY |KILLINGS|OUTRAGES|SHOOTINGS|WHIPPINGS|TOTAL + --------------|--------|--------|---------|---------|----- + Autauga | -- | 1 | -- | -- | 1 + Blount (k) | 2 | 3 | -- | 6 | 11 + Calhoun | 6 | 1 | 1 | 1 | 9 + Chambers (k) | 1 | -- | 1 | -- | 2 + Cherokee (k) | -- | 2 | -- | 1 | 3 + Choctaw (x) | 11 | 1 | 3 | -- | 15 + Coosa | -- | -- | 1 | 12 | 13 + Colbert (k) | 1 | 1 | -- | 1 | 3 + Dallas (x) | 1 | 1 | -- | -- | 2 + Fayette (k) | 1 | -- | -- | 3 | 4 + Greene (x) | 11 | 4 | 1 | 3 | 19 + Hale (x) | 1 | 3 | 2 | 1 | 7 + Jackson | 4 | 2 | 2 | 2 | 10 + Lauderdale | -- | -- | -- | 1 | 1 + Lawrence (k) | 2 | -- | -- | -- | 2 + Limestone (k) | 7 | 1 | -- | 1 | 9 + Macon (x) | 1 | 4 | 1 | 1 | 7 + Madison (x) | 6 | 19 | 5 | 19 | 49 + Marshall (k) | 1 | -- | 1 | 1 | 3 + Marengo (x) | 1 | 6 | -- | 4 | 11 + Montgomery (x)| -- | 1 | -- | -- | 1 + Morgan (k) | 4 | 2 | 1 | 3 | 10 + Perry (x) | 2 | -- | 2 | 2 | 6 + Pickens (x) | -- | -- | -- | 9 | 9 + Sumter (x) | 21 | 4 | 9 | 4 | 38 + St. Clair | 1 | 1 | 1 | -- | 3 + Tallapoosa (k)| -- | -- | -- | 1 | 1 + Tuscaloosa (k)| 8 | -- | -- | -- | 8 + Walker (k) | -- | -- | -- | 1 | 1 + | | | | +----- + Total | | | | 258 + ========================================================== + + (x) = black counties, and (k) = white counties, where Ku Klux Klan + operated. + +The Ku Klux Committee reported a bill[2017] providing for the execution of +the Ku Klux Act until the close of the next session of Congress. It passed +the Senate May 21, 1872, and failed in the House on June 6.[2018] The act +of February 28, 1871, was amended by extending the Federal supervision of +elections from towns to all election districts on application of ten +persons. Other unimportant amendments were made.[2019] + +The passage of these laws had no effect on the Ku Klux Klan proper, which +had died out in 1869-1870. Nor did they have any effect in decreasing +violence. It is quite likely that there was more violence toward the negro +in 1871 and 1872 than in 1869-1870. But the laws did affect the elections. +The entire machinery of elections was again under Radical control, and in +1872 the state again sank back into Radicalism. But it was the last +Republican majority the state ever cast. The execution of these laws did +much to hasten the union of the whites against negro rule. + +Few cases were tried under the Enforcement Acts, though District Attorney +Minnis and United States Marshal Healy were very active.[2020] Busteed, in +1871, testified that at Huntsville he had tried several persons for an +outrage upon a negro, and that there were still untried two indictments +under the Act of 1870. He stated that his jurors and witnesses were never +interfered with. One of his grand juries, in 1871, encouraged by the +attitude of Congress, reported that while there was no organized +conspiracy throughout the middle district, there was such a thing in +Macon, Coosa, and Tallapoosa. Two of the jurors--Benjamin F. Noble and +Ex-Governor William H. Smith--objected to the report, and Busteed, the +Federal judge, condemned it as unwarranted by the facts.[2021] + +Nearly all of the carpet-bag and scalawag witnesses who testified on the +Radical side before the Ku Klux Committee complained that the courts would +not punish Ku Klux when they were arrested, and that juries would not +indict them.[2022] + +In 1872 a gang of men in eastern Alabama, the home of the Black Cavalry +and the spurious Ku Klux Klan, burned a negro meeting-house where +political meetings were held. They were arrested and tried under the Ku +Klux Act. Four of them, R. G. Young, S. D. Young, R. S. Gray, and Neil +Hawkins, were fined $5000 each and sentenced to ten years' imprisonment in +the penitentiary at Albany, New York. Ringold Young was fined $2000 and +sent to prison for seven years. ---- Blanks and ---- Howard were each +fined $100 and imprisoned for five years. The prisoners were taken from +state officers by force, and during the trial there was much parade by a +guard of United States troops. There was complaint that the evidence was +insufficient, and the punishment disproportionate to the offence even if +proven.[2023] + +In the elections of 1872 and 1874 there were numerous arrests of Democrats +by the deputy marshals, who often made their arrests before election day +and paraded the prisoners about the country for the information of the +voters. I have been unable to find record of any convictions.[2024] + + +Later Organizations + +While the Ku Klux Klan was disbanded by order in 1869, it is not likely +that the order of the White Camelia disbanded except when there was no +longer any necessity for it. In one county it might disband; in another it +might survive several years longer. It is said that its operations were by +order suspended in counties when conditions improved. + +The White Brotherhood was a later organization, but had only a limited +extension over south Alabama. The most widely spread of the later +organizations was the White League, which in some form seems to have +spread over the entire state from 1872 to 1874. The close connection +between southwestern Alabama and Louisiana accounts for the introduction +of both the White Camelia and the White League. In 1875 Arthur Bingham, +the ex-carpet-bag-treasurer of the state, stated that he had secured a +copy of the constitution of the White League and had published it in the +_State Journal_. Its members were sworn not to regard obligations taken in +courts, and to clear one another by all means.[2025] + +The White League in Barbour and Mobile, in 1874, declared that no +employment should be given to negro Radicals and no business done with +white Radicals, and in Sumter County they were said to have gone on raids +like the Ku Klux of former days. Military organizations of whites were +enrolled and applications made to the Radical Governor Lewis for arms. He +rejected the services of these companies, but they remained in +organization and drilled. The Confederate gray uniforms were worn. In +Tuskegee arms were purchased for the company by private subscription. By +1874 the white people of the state had become thoroughly united in the +White Man's Party. There had been no compromises. The color and race line +had been sharply drawn by the white counties, and the black counties later +fell into line. The campaign of 1874 was the most serious of all. The +whites intended to live no longer under Radical rule, and the whole state +was practically a great Klan. There was but little violence, but there was +a stern determination to defeat the Radicals at any cost; and if +necessary, violence would have been used. At the inauguration of Governor +Houston, in 1874, several of the gray-coated White League companies +appeared from different parts of the state.[2026] + +In several later elections the old Ku Klux methods were used, and there +was much mysterious talk of "dark rainy nights and bloody moons." The +"Barbour County Fever" was prevalent for many years: young men and boys +would serenade the Radicals of the community and mortify them in every +possible way, and their families would refuse to recognize socially the +families of carpet-baggers and scalawags. They would not sit by them in +church. The children at school imitated their elders.[2027] + +The Ku Klux method of regulating society was nothing new; it was as old as +history; it had often been used before; it may be used again; when a +people find themselves persecuted by aliens or by the law, they will find +some means outside the law for protecting themselves; it is certain also +that such experiences will result in a great weakening of respect for law +and in a return to more primitive methods of justice. + + + + +CHAPTER XXII + +REORGANIZATION OF THE INDUSTRIAL SYSTEM + + +Break-up of the Ante-bellum System + +The cotton planter of the South, the master of many negro slaves, +organized a very efficient slave labor system. Each plantation was an +industrial community almost independent of the outside world; the division +of labor was minute, each servant being assigned a task suited to his or +her strength and training. Nothing but the most skilful management could +save a planter from ruin, for, though the labor was efficient, it was very +costly. The value of an overseer was judged by the general condition, +health, appearance, and manners of the slaves; the amount of work done +with the least punishment; the condition of stock, buildings, and +plantation; and the size of the crops. All supplies were raised on the +plantation,--corn, bacon, beef, and other food-stuffs; farm implements and +harness were made and repaired by the skilled negroes in rainy weather +when no outdoor work could be done; clothes were cut out in the "big +house" and made by the negro women under the direction of the mistress. +The skilled laborers were blacks. Work was usually done by tasks, and +industrious negroes were able to complete their daily allotment and have +three or four hours a day to work in their own gardens and "patches." They +often earned money at odd jobs, and the church records show that they +contributed regularly. Negro children were trained in the arts of industry +and in sobriety by elderly negroes of good judgment and firm character, +usually women.[2028] Children too young to work were cared for by a +competent mammy in the plantation nursery while their parents were in the +fields. + +In the Black Belt there was little hiring of extra labor and less renting +of land. Except on the borders, nearly all whites were of the planting +class. Their greater wealth had enabled them to outbid the average farmer +and secure the rich lands of the black prairies, cane-brakes, and river +bottoms. The small farmer who secured a foothold in the Black Belt would +find himself in a situation not altogether pleasant, and, selling out to +the nearest planter, would go to poorer and cheaper land in the hills and +pine woods, where most of the people were white. + +In the Black Belt cotton was largely a surplus money crop, and once the +labor was paid for, the planter was a very rich man.[2029] In the white +counties of the cotton states about the same crops were raised as in the +Black Belt, but the land was less fertile and the methods of cultivation +less skilful. In the richer parts of these white counties there was +something of the plantation system with some negro labor. But slavery +gradually drove white labor to the hill and mountain country, the sand and +pine barrens. No matter how poor a white man was, he was excessively +independent in spirit and wanted to work only his own farm. This will +account for the lack of renters and hired white laborers in black or in +white districts, and also for the fact that the less fertile land was +taken up by the whites who desired to be their own employers. Land was +cheap, and any man could purchase it. There was some renting of land in +the white counties, and the form it took was that now known as "third and +fourth."[2030] It was then called "shares." There was little or no tenancy +"on halves" or "standing rent." But the average farmer worked his own +land, often with the help of from three to ten slaves. + +On the borders of the Black Belt in Alabama dwelt a peculiar class called +"squatters." They settled down with or without permission on lots of poor +and waste land, built cabins, cleared "patches," and made a precarious +living by their little crops, by working as carpenters, blacksmiths, etc. +Some bought small lots of land on long-time payments and never paid for +them, but simply stayed where they were. In the edge of the Black Belt in +the busy season were found numbers of white hired men working alongside of +negro slaves,[2031] for there was no prejudice against manual labor, that +is, no more than anywhere else in the world.[2032] + +As soon as the war was over the first concern of the returning soldiers +was to obtain food to relieve present wants and to secure supplies to last +until a crop could be made. In the white counties of the state the +situation was much worse than in the Black Belt. The soil of the white +counties was less fertile; the people were not wealthy before the war, and +during the war they had suffered from the depredations of the enemy and +from the operation of the tax-in-kind, which bore heavily upon them when +they had nothing to spare. The white men went to the war and there were +only women, children, and old men to work the fields. The heaviest losses +among the Alabama Confederate troops were from the ranks of the white +county soldiers. In these districts there was destitution after the first +year of the war, and after 1862 from one-fourth to one-half of the +soldiers' families received aid from the state. The bountiful Black Belt +furnished enough for all, but transportation facilities were lacking. At +the close of hostilities the condition of the people in the poorer regions +was pitiable. Stock, fences, barns, and in many cases dwellings had +disappeared; the fields were grown up in weeds; and no supplies were +available. How the people managed to live was a mystery. Some walked +twenty miles to get food, and there were cases of starvation. No seeds and +no farm implements were to be had. The best work of the Freedmen's Bureau +was done in relieving these people from want until they could make a crop. + +The Black Belt was the richest as well as the least exposed section of the +state and fared well until the end of the war. The laborers were negroes, +and these worked as well in war time as in peace. Immense food crops were +made in 1863 and 1864, and there was no suffering among whites or blacks. +Until 1865 there was no loss from Federal invasion, but with the spring of +1865 misfortune came. Four large armies marched through the central +portions of the state, burning, destroying, and confiscating. In June, +1865, the Black Belt was in almost as bad condition as the white counties. +All buildings in the track of the armies had disappeared; the stores of +provisions were confiscated; gin-houses and mills were burned; cattle and +horses and mules were carried away; and nothing much was left except the +negroes and the fertile land. The returning planter, like the farmer, +found his agricultural implements worn out and broken, and in all the land +there was no money to purchase the necessaries of life. But in the +portions of the black counties untouched by the armies there were supplies +sufficient to last the people for a few months. A few fortunate +individuals had cotton, which was now bringing fabulous prices, and it was +the high price received for the few bales not confiscated by the +government that saved the Black Belt from suffering as did the other +counties. + +Neither master nor slave knew exactly how to begin anew, and for a while +things simply drifted. Now that the question of slavery was settled, many +of the former masters felt a great relief from responsibility, though for +their former slaves they felt a profound pity. The majority of them had no +faith in free negro labor, yet all were willing to give it a trial, and a +few of the more strenuous ones said that the energy and strength of the +white man that had made the savage negro an efficient laborer could make +the free negro work fairly well; and if the free negro would work, they +were willing to admit that the change might be beneficial to both races. + +During the spring and summer and fall the masters came straggling home, +and were met by friendly servants who gave them cordial welcome. Each one +called up his servants and told them that they were free; and that they +might stay with him and work for wages, or find other homes. Except in the +vicinity of the towns and army posts the negroes usually chose to stay and +work; and in the remote districts of the Black Belt affairs were little +changed for several weeks after the surrender, which there hardly caused a +ripple on the surface of society. Life and work went on as before. The +staid negro coachmen sat upon their boxes on Sunday as of old; the field +hands went regularly about their appointed tasks. Labor was cheerful, and +the negroes went singing to the fields. "The negro knew no Appomattox. The +Revolution sat lightly,--save in the presence of vacant seats at home and +silent graves in the churchyard, in the memorials of destructive raids, in +the wonder on the faces of a people once free, now ruled, where ruled at +all, by a Bureau agent." Here it was that the master race believed that +after all freedom of the negro might be well.[2033] In other sections, +where the negro was more exposed to outside influences, people were not +hopeful. The common opinion was that with free negro labor cotton could +not be cultivated with success. The northerner often thought that it was a +crop made by forced labor and that no freeman would willingly perform such +labor; the southerner believed that the negro would neglect the crop too +much when not under strict supervision. Yet later years have shown that +free white labor is most successful in the cultivation of cotton because +of the care the whites expend upon their farms; while cotton is the only +crop that the free negro has cultivated with any degree of success, +because some kind of a crop can be made by the most careless cultivation. + +At first no one knew just how to work the free negro; innumerable plans +were formed and many were tried. The old patriarchal relations were +preserved as far as possible. Truman,[2034] who made a long stay in +Alabama, reported that in most cases there was a genuine attachment +between masters and negroes; that the masters were the best friends the +negroes had; and that, though they regarded the blacks with much +commiseration, they were inclined to encourage them to collect around the +big house on the old slavery terms, giving food, clothes, quarters, +medical attendance, and a little pay.[2035] At that time no one could +understand the freedom of the negro.[2036] As one old master expressed it, +he saw no "free negroes"[2037] until the fall of 1865, when the Bureau +began to influence the blacks. But with the extension of the Bureau and +the spread of army posts, the negroes became idle, neglected the crops +that had been planted in the spring, moved from their old homes and went +to town to the Bureau, or went wandering about the country. The house +servants and the artisans, who were the best and most intelligent of the +negroes, also began to go to the towns. Negro women desiring to be as +white ladies, refused to work in the fields, to cook, to wash, or to +perform other menial duties. It was years before this "freedom" prejudice +of the negro women against domestic service died out.[2038] The negro +would work one or two days in the week, go to town two days, and wander +about the rest of the time. Under such conditions there was no hope of +continuing the old patriarchal system, and new plans, modelled on what +they had heard of free labor, were tried by the planters. In the white +counties the ex-soldiers went to work as before the war, but they had come +home from the army too late to plant full crops, and few had supplies +enough to last until the crops should be gathered. In most of the white +counties the negroes were so few as to escape the serious attention of the +Bureau, and consequently they worked fairly well at what they could get to +do.[2039] + +The first work of the Bureau was to break up the labor system that had +been partially constructed, and to endeavor to establish a new system +based on the northern free labor system and the old slave-hiring system +with the addition of a good deal of pure theory. The Bureau was to act as +a labor clearing-house; it was to have entire control of labor; contracts +must be written in accordance with the minute regulations of the Bureau, +and must be registered by the agent, who charged large fees.[2040] + +The result of these regulations was to destroy industry where an alien +Bureau agent was stationed, for the planters could not afford to have +their land worked on such terms. In some of the counties, where the native +magistrates served as Bureau agents, no attention was paid to the rules of +the Bureau, and the people floundered along, trying to develop a workable +basis of existence. In the districts infested by the Bureau agents the +negroes had fantastic notions of what freedom meant. On one plantation +they demanded that the plantation bell be no longer rung to summon the +hands to and from work, because it was too much like slavery.[2041] In +various places they refused to work and congregated about the Bureau +offices, awaiting the expected division of property, when they would get +the "forty acres and one old gray mule." When wages were paid they +believed that each should receive the same amount, whether his labor had +been good or bad, whether the laborer was present or absent, sick or well. +In one instance a planter was paying his men in corn according to the time +each had worked. The negroes objected and got an order from the Bureau +agent that the division should be made equally. The planter read the order +(which the negroes could not read), and at once directed the division as +before. The negroes, thinking that the Bureau had so ordered, were +satisfied. In the cane-brake region the agents were afraid of the great +planters and did not interfere with the negroes except to organize them +into Union Leagues; but elsewhere in the Black Belt the planter could not +afford to hire negroes on the terms fixed by the Bureau.[2042] + + +Northern and Foreign Immigration + +With the break-up of the slave system the planter found himself with much +more land than he knew what to do with. He could get no reliable labor, he +had no cash capital, so in many cases he offered his best lands for sale +at low prices. The planters wanted to attract northern and foreign +immigration and capital into the country; the cotton planter sought for a +northern partner who could furnish the capital. Owing to the almost +religious regard of the negro for his northern deliverers, many white +landlords thought that northern men, especially former soldiers, might be +better able than southern men to control negro labor. General Swayne, the +head of the Bureau, said that the negroes had more confidence in a +"bluecoat" than in a native, and that among the larger planters northern +men as partners or overseers were in great demand.[2043] + +For a short time after the close of the war northern men in considerable +numbers planned to go into the business of cotton raising. DeBow[2044] +gives a description of the would-be cotton planters who came from the +North to show the southern people how to raise cotton with free negro +labor. They had note-books and guide-books full of close and exact tables +of costs and profits, and from them figured out vast returns. They +acknowledged that the negro might not work for the southern man, but they +were sure that he would work for them. They were very self-confident, and +would listen to no advice from experienced planters, whom they laughed at +as old fogies, but from their note-books and tables they gave one another +much information about the new machinery useful in cotton culture, about +rules for cultivation, how to control labor, etc. They estimated that each +laborer's family would make $1000 clear gain each year. DeBow would not +say they were wrong, but he said that he thought that they should hasten a +little more slowly. Northern energy and capitol flowed in; plantations +were bought, and the various industries of plantation life started; and +mills and factories were established. Because of the paralyzed condition +of industry the southern people welcomed these enterprises, but they were +very sceptical of their final success. The northern settler had confidence +in the negro and gave him unlimited credit or supplies; consequently, in a +few years the former was financially ruined and had to turn his attention +to politics, and to exploiting the negro in that field in order to make a +living.[2045] Both as employer and as manager the northern men failed to +control negro labor. They expected the negro to be the equal of the Yankee +white. The negroes themselves were disgusted with northern employers. +Truman reported, after an experience of one season, that "it is the almost +universal testimony of the negroes themselves, who have been under the +supervision of both classes,--and I have talked with many with a view to +this point,--that they prefer to labor for a southern employer."[2046] + +Northern capital came in after the war, but northern labor did not, though +the planters offered every inducement. Land was offered to white +purchasers at ridiculously low rates, but the northern white laborer did +not come. He was afraid of the South with its planters and negroes. The +poorer classes of native whites, however, profited by the low prices and +secured a foothold on the better lands. So general was the unbelief in the +value of the free negro as a laborer, especially in the Bureau districts, +and so signally had all inducements failed to bring native white laborers +from the North, that determined efforts were made to obtain white labor +from abroad. Immigration societies were formed with officers in the state +and headquarters in the northern cities. These societies undertook to send +to the South laboring people, principally German, in families at so much +per head. The planter turned with hope to white labor, of the superiority +of which he had so long been hearing, and he wished very much to give it a +trial. The advertisements in the newspapers read much like the old slave +advertisements: so many head of healthy, industrious Germans of good +character delivered f.o.b. New York, at so much per head. One of the white +labor agencies in Alabama undertook to furnish "immigrants of any nativity +and in any quantity" to take the place of negroes. Children were priced at +the rate of $50 a year; women, $100; men, $150,--they themselves providing +board and clothes. One of every six Germans was warranted to speak +English.[2047] Most of these agencies were frauds and only wanted an +advance payment on a car load of Germans who did not exist. In a few +instances some laborers were actually shipped in; but they at once +demanded an advance of pay, and then deserted. Like the bounty jumpers, +they played the game time and time again. The influence of the Radical +press of the North was also used to discourage emigration to the +South;[2048] consequently white immigration into the state did not amount +to anything,[2049] and the Black Belt received no help from the North or +from abroad, and had to fall back upon the free negro. + +In the white counties there had been little hope or desire for alien +immigration. The people and the country were so desperately poor that the +stranger would never think of settling there. Many of the whites in +moderate circumstances, living near the Black Belt, took advantage of the +low price of rich lands, and acquired small farms in the prairies, but +there was no influx of white labor to the Black Belt from the white +counties.[2050] Nearly every man, woman, and child in the white districts +had to go to work to earn a living. Many persons--lawyers, public men, +teachers, ministers, physicians, merchants, overseers, managers, and even +women--who had never before worked in the fields or at manual occupations, +were now forced to do so because of losses of property, or because they +could not live by their former occupations.[2051] + +While the number of white laborers had increased somewhat, negro labor had +decreased. Several thousand negro men had gone with the armies; for +various reasons thousands had drifted to the towns, where large numbers +died in 1865-1866. The rural negro had a promising outlook, for at any +time he could get more work than he could do; the city negro found work +scarce even when he wanted it.[2052] + + +Attempts to organize a New System + +Several attempts were made by the negroes in 1865 and 1866 to work farms +and plantations on the coöperative system, that is, to club work, but with +no success. They were not accustomed to independent labor, their faculty +for organization had not been sufficiently developed, and the dishonesty +of their leading men sometimes caused failures of the schemes.[2053] + +In the summer of 1865 the Monroe County Agricultural Association was +formed to regulate labor, and to protect the interests of both employer +and laborer. It was the duty of the executive committee to look after the +welfare of the freedmen, to see that contracts were carried out and the +freedmen protected in them, and, in cases of dispute, to act as +arbitrator. The members of the association pledged themselves to see that +the freedman received his wages, and to aid him in case his employer +refused to pay. They were also to see that the freedman fulfilled his +contract, unless there was good reason why he should not. Homes and the +necessaries of life were to be provided by the association for the aged +and helpless negroes, of whom there were several on every plantation. The +planters declared themselves in favor of schools for the negro children, +and a committee was appointed to devise a plan for their education. Every +planter in Monroe County belonged to the association.[2054] An +organization in Conecuh County adopted, word for word, the constitution of +the Monroe County association. In Clarke and Wilcox counties similar +organizations were formed, and in all counties where negro labor was the +main dependence some such plans were devised.[2055] But it is noticeable +that in those counties where the planters first undertook to reorganize +the labor system, there were no regular agents of the Freedmen's Bureau +and no garrisons. + +The average negro quite naturally had little or no sense of the obligation +of contracts. He would leave a growing crop at the most critical period, +and move into another county, or, working his own crop "on shares," would +leave it in the grass and go to work for some one else in order to get +small "change" for tobacco, snuff, and whiskey. After three years of +experience of such conduct, a meeting of citizens at Summerfield, Dallas +County, decided that laborers ought to be impressed with the necessity of +complying with contracts. They agreed that no laborers discharged for +failure to keep contracts would be hired again by other employers. They +declared it to be the duty of the whites to act in perfect good faith in +their relations with freedmen, to respect and uphold their rights, and to +promote good feeling.[2056] + + +Development of the Share System + +At first the planters had demanded a system of contracts, thinking that by +law they might hold the negro to his agreements. But the Bureau contracts +were one-sided, and the planters could not afford to enter into them. +General Swayne early reported[2057] a general breakdown of the contract +system, though he told the planters that in case of dispute, where no +contract was signed, he would exact payment for the negro at the highest +rates. The "share" system was discouraged, but where there were no Bureau +agents it was developing. And so bad was the wage system, that even in the +Bureau districts, share hiring was done. The object of "share" renting was +to cause the laborer to take an interest in his crop and to relieve the +planter of disputes about loss of time, etc. Some of the negroes also +decided that the share system was the proper one. On the plantations near +Selma the negroes demanded "shares," threatening to leave in case of +refusal. General Hardee, who was living near, proposed a plan for a verbal +contract; wages should be one-fourth of all crops, meat and bread to be +furnished to the laborer, and his share of crop to be paid to him in kind, +or the net proceeds in cash; the planter to furnish land, teams, wagons, +implements, and seed to the laborer, who, in addition, had all the slavery +privileges of free wood, water, and pasturage, garden lot and truck patch, +teams to use on Sundays and for going to town. The absolute right of +management was reserved to the planter, it being understood that this was +no copartnership, but that the negro was hired for a share of the crop; +consequently he had no right to interfere in the management.[2058] + +On another plantation, where a share system similar to Hardee's was in +operation, the planter divided the workers into squads of four men each. +To each squad he assigned a hundred acres of cotton and corn, in the +proportion of five acres of cotton to three of corn, and forty acres of +cotton for the women and children of the four families. The squads were +united to hoe and plough and to pick the cotton, because they worked +better in gangs. Wage laborers were kept to look after fences and ditches, +and to perform odd jobs. A frequent source of trouble was the custom of +allowing the negro, as part of his pay, several acres of "outside crop," +to be worked on certain days of the week, as Fridays and Saturdays. The +planter was supposed to settle disputes among the negroes, give them +advice on every subject except politics and religion, on which they had +other advisers, pay their fines and get them out of jail when arrested, +and sometimes to thrash the recalcitrant.[2059] + +Several kinds of share systems were finally evolved from the industrial +chaos. They were much the same in black or white districts, and the usual +designations were "on halves," "third and fourth," and "standing rent." +The tenant "on halves" received one-half the crop, did all the work, and +furnished his own provisions. The planter furnished land, houses to live +in, seed, ploughs, hoes, teams, wagons, ginned the cotton, paid for half +the fertilizer, and "went security" for the negro for a year's credit at +the supply store in town, or he furnished the supplies himself, and +charged them against the negro's share of the crop. The "third and fourth" +plan varied according to locality and time, and depended upon what the +tenant furnished. Sometimes the planter furnished everything, while the +negro gave only his labor and received one-fourth of the crop; again, the +planter furnished all except provisions and labor, and gave the negro +one-third of the crop. In such cases "third and fourth" was a lower grade +of tenancy than "on halves." Later it developed to a higher grade: the +tenant furnished teams and farming implements, and the planter the rest, +in which case the planter received a third of the cotton, and a fourth of +the corn raised. "Standing rent" was the highest form of tenancy, and only +responsible persons, white or black, could rent under that system. It +called for a fixed or "standing" rent for each acre or farm, to be paid +in money or in cotton. The unit of value in cotton was a 500-pound bale of +middling grade on October 1st. Tenants who had farm stock, farming +implements, and supplies or good credit would nearly always cultivate for +"standing rent." The planter exercised a controlling direction over the +labor and cultivation of a crop worked "on halves"; he exercised less +direction over "third and fourth" tenants, and was supposed to exercise no +control over tenants who paid "standing rent." In all cases the planter +furnished a dwelling-house free, wood and water (paid for digging wells), +and pasture for the pigs and cows of the tenants. In all cases the renter +had a plot of ground of from one to three acres, rent free, for a +vegetable garden and "truck patch." Here could be raised watermelons, +sugar-cane, potatoes, sorghum, cabbage, and other vegetables. Every tenant +could keep a few pigs and a cow, chickens, turkeys, and guineas, and +especially dogs, and could hunt in all the woods around and fish in all +the waters. "On halves" was considered the safest form of tenancy for both +planter and tenant, for the latter was only an average man, and this +method allowed the superior direction of the planter.[2060] Many negroes +worked for wages; the less intelligent and the unreliable could find no +other way to work; and some of the best of them preferred to work for +wages paid at the end of each week or month. Wage laborers worked under +the immediate oversight of the farmer or tenant who hired them. They +received $8 to $12 a month and were "found," that is, furnished with +rations. In the white counties the negro hired man was often fed in the +farmer's kitchen. The laborer, if hired by the year, had a house, +vegetable garden, truck patch, chickens, a pig perhaps, always a dog, and +he could hunt and fish anywhere in the vicinity. Sometimes he was "found"; +sometimes he "found" himself. When he was "found," the allowance for a +week was three and a half pounds of bacon, a peck of meal, half a gallon +of syrup, and a plug of tobacco; his garden and truck patch furnished +vegetables. This allowance could be varied and commuted. The system was +worked out in the few years immediately following the war, and has lasted +almost without change. Where the negroes are found, the larger plantations +have not been broken up into small farms, the census statistics to the +contrary notwithstanding.[2061] The negro tenant or laborer had too many +privileges for his own good and for the good of the planter. The negro +should have been paid more money or given a larger proportion of the crop, +and fewer privileges. He needed more control and supervision, and the +result of giving him a vegetable garden, a truck patch, a pasture, and the +right of hunting and fishing, was that the negro took less interest in the +crop; the privileges were about all he wanted. Agricultural industry was +never brought to a real business basis.[2062] + +An essential part of the share system was the custom of advancing supplies +to the tenant with the future crop as security. The universal lack of +capital after the war forced an extension of the old ante-bellum credit or +supply system. The merchant, who was also a cotton buyer, advanced money +or supplies until the crop was gathered. Before the war his security was +crop, land, and slaves; after the war the crop was the principal security, +for land was a drug in the market. Consequently, the crop was more +important to the creditor. Cotton was the only good cash staple, and the +high prices encouraged all to raise it. It was to the interest of the +merchant, even when prices were low, to insist that his debtors raise +cotton to the exclusion of food crops, since much of his money was made by +selling food supplies to them. Before the war the planter alone had much +credit, and a successful one did not make use of the system; but after +the war all classes of cotton raisers had to have advances of supplies. +The credit or crop lien system was good to put an ambitious farmer on the +way to independence, but it was no incentive to the shiftless. Cotton +became the universal crop under the credit system, and even when the +farmer became independent, he seldom planted less of his staple crop, or +raised more supplies at home. + + +Negro Farmers and White Farmers + +At the end of the war everything was in favor of the negro cotton raiser; +and everything except the high price of cotton was against the white +farmer in the poorer counties. The soil had been used most destructively +in the white districts, and it had to be improved before cotton could be +raised successfully.[2063] The high price of cotton caused the white +farmer, who had formerly had only small cotton patches, to plant large +fields, and for several years the negro was not a serious competitor. The +building of railroads through the mineral regions afforded transportation +to the white farmer for crops and fertilizers,--an advantage that before +this time had been enjoyed only by the Black Belt,--and improved methods +gradually supplanted the wasteful frontier system of cultivation. The +gradual increase[2064] of the cotton production after 1869 was due +entirely to white labor in the white counties, the black counties never +again reaching their former production, though the population of those +counties has doubled. Governor Lindsay said, in 1871, that the white +people of north Alabama, where but little had been produced before the +war, were becoming prosperous by raising cotton, and at the same time +raising supplies that the planter on the rich lands with negro labor had +to buy from the West. This prosperity, he thought, had done more than +anything else to put an end to Ku Klux disturbances. Somers reported, as +early as 1871, that the bulk of the cotton crop in the Tennessee valley +was made by white labor, not by black.[2065] As long as there was plenty +of cheap, thin land to be had, the poor but independent white would not +work the fertile land belonging to some one else; and before and long +after the war there was plenty of practically free land.[2066] Therefore +the tendency of the whites was to remain on the less fertile land. Dr. E. +A. Smith, in the Alabama Geological Survey of 1881-1882, and in the Report +on Cotton Production in Alabama (1884), shows the relation between race +and cotton production, and race location, with respect to fertility of +soil: (1) On the most fertile lands the laboring population was black; the +farmers were shiftless, and no fertilizers were used; there the credit +evil was worse, and the yield per acre was less than on the poorest soils +cultivated by whites. (2) Where the races were about equal the best system +was found; the soils were medium, the farms were small but well +cultivated, and fertilizers were used. (3) On the poorest soils only +whites were found. These by industry and use of fertilizers could produce +about as much as the blacks on the rich soils. + +The average product per acre of the fertile Black Belt is lower than the +lowest in the poorest white counties. Only the best of soil, as in +Clarke, Monroe, and Wilcox counties, is able to overcome the bad labor +system, and produce an average equal to that made by the whites in +Winston, the least fertile county in the state. In white counties, where +the average product per acre falls below the average for the surrounding +region, the fact is always explained by the presence of blacks, segregated +on the best soils, keeping down the average product. For example, Madison +County in 1880 had a majority of blacks, and the average product per acre +was 0.28 bale, as compared with 0.32 bale for the Tennessee valley, of +which Madison was the richest county; in Talladega, the most fertile +county of the Coosa valley, the average production per acre was 0.32, as +compared with 0.40 for the rest of the valley; in Autauga, where the +blacks outnumbered the whites two to one, the average fell below that of +the country around, though the Autauga soil was the best in the region. +The average product of the rich prairie region cultivated by the blacks +was 0.27 bale per acre; the average product in the poor mineral region +cultivated by the whites was 0.26 to 0.28; in the short-leaf pine region +the whites outnumber the blacks two to one, and the average production is +0.34 bale, while in the gravelly hill region, where the blacks are twice +as numerous as the whites, the production is 0.30, the soil in the two +sections being about equal. In general, the fertility of the soil being +equal, the production varies inversely as the proportion of colored +population to white. Density of colored population is a sure sign of +fertile soil; predominance of white a sign of medium or poor soil. Outside +of the Black Belt, white owners cultivate small farms, looking closely +after them. The negro seldom owns the land he cultivates, and is more +efficient when working under direction on the small farm in the white +county. In the Black Belt, nearly all land is fertile and capable of +cultivation, but in the white counties a large percentage is rocky, in +hills, forests, mountains, etc. Many soils in southeast and in north +Alabama, formerly considered unproductive, have been brought into +cultivation by the use of fertilizers, hauled in wagons, in many cases, +from twenty to a hundred miles. Fertilizers have not yet come into general +use in the Black Belt. In the negro districts are still found horse-power +gins and old wooden cotton presses; in the white counties, steam and water +power and the latest machinery. In the white counties it has always been +a general custom to raise a part of the supplies on the farm; in the +Black Belt this has not been done since the war.[2067] Though many of the +white farmers remained under the crop lien bondage, there was a steady +gain toward independence on the part of the more industrious and +economical. But not until toward the close of the century did emancipation +come for many of the struggling whites. + +In other directions the whites did better. They opened the mines of north +Alabama, cut the timber of south Alabama, built the railroads and +factories, and to some extent engaged in commerce.[2068] Market gardening +became a common occupation. Negro labor in factories failed. It was the +negro rather than slavery that prevented and still prevents the +establishment of manufactures.[2069] The development of manufactures in +recent years has benefited principally the poor people of the white +counties. "For this mill people is not drawn from foreign immigrants, nor +from distant states, but it is drawn from the native-born white +population, the poor whites, that belated hill-folk from the ridges and +hollows and coves of the silent hills."[2070] The negro artisan is giving +way to the white; even in the towns of the Black Belt, the occupations +once securely held by the negro are passing into the hands of the whites. + +In the white counties, during Reconstruction, the relations between the +races became more strained than in the Black Belt. One of the +manifestations of the Ku Klux movement in the white counties was the +driving away of negro tenants from the more fertile districts by the +poorer classes of whites who wanted these lands. For years immigration was +discouraged by the northern press. Foreigners were afraid to come to the +"benighted and savage South."[2071] But in the '80's the railroad +companies began to induce Germans to settle on their lands in the poorest +of the white counties. Later there has been a slow movement from the +Northwest. As a rule, where the northerners and the Germans settle the +wilderness blossoms, and the negro leaves. + +After ploughing their hilltops until the soil was exhausted, the whites, +even before the war, decided that only by clearing the swamps in the +poorer districts could they get land worth cultivating. This required much +labor and money. After the war, with the increase of transportation +facilities, fertilizers came into use, the swamps were deserted, and the +farmers went back to the uplands. "By the use of commercial fertilizers, +vast regions once considered barren have been brought into profitable +cultivation, and really afford a more reliable and constant crop than the +rich alluvial lands of the old slave plantations. In nearly every +agricultural county in the South there is to be observed, on the one hand, +this section of fertile soils, once the heart of the old civilization, now +largely abandoned by the whites, held in tenantry by a dense negro +population, full of dilapidation and ruin; while on the other hand, there +is the region of light, thin soils, occupied by the small white +freeholder, filled with schools, churches, and good roads, and all the +elements of a happy, enlightened country life."[2072] + + +The Decadence of the Black Belt + +The patriarchal system failed in the Black Belt, the Bureau system of +contracts and prescribed wages failed, the planter's own wage system +failed,[2073] and finally all settled down to the share system. In this +there was some encouragement to effort on the part of the laborer, and in +case of failure of the crop he bore a share of the loss. After a few +years' experience, the negroes were ready to go back to the wage system, +and labor conventions were held demanding a return to that system.[2074] +But whatever system was adopted, the work of the negro was unsatisfactory. +The skilled laborer left the plantation, and the new generation knew +nothing of the arts of industry. Labor became migratory, and the negro +farmer wanted to change his location every year.[2075] Regular work was a +thing of the past. In two or three days each week a negro could work +enough to live, and the remainder of the time he rested from his labors, +often leaving much cotton in the fields to rot.[2076] He went to the field +when it suited him to go, gazed frequently at the sun to see if it was +time to stop for meals, went often to the spring for water, and spent much +time adjusting his plough or knocking the soil and pebbles from his shoes. +The negro women refused to work in the fields, and yet did nothing to +better the home life; the style of living was "from hand to mouth." Extra +money went for whiskey, snuff, tobacco, and finery, while the standard of +living was not raised.[2077] The laborer would always stop to go to a +circus, election, political meeting, revival, or camp-meeting. A great +desolation seemed to rest upon the Black Belt country.[2078] + +In the interior of the state, the negroes worked better during and after +Reconstruction than where they were exposed to the ministrations of the +various kinds of carpet-baggers.[2079] In the Tennessee valley, where the +negroes had taken a prominent part in politics, and had not only seen much +of the war, but many of them had enlisted in the Federal army, cotton +raising almost ceased for several years. The only crops made were made by +whites.[2080] In Sumter County, where the black population was dense, it +was, in 1870, almost impossible to secure labor; those negroes who wished +to work went to the railways.[2081] A description of a "model negro farm" +in 1874 was as follows: The farmer purchased an old mule on credit and +rented land on shares, or for so many bales of cotton; any old tools were +used; corn, bacon, and other supplies were bought on credit, and a lien +given on the crop; a month later, corn and cotton were planted on soil not +well broken up; the negro "would not pay for no guano," to put on other +people's land; by turns the farmer planted and fished, ploughed and +hunted, hoed and frolicked, or went to "meeting." At the end of the year +he sold his cotton, paid part of his rent, and some of his debt, returned +the mule to its owner, and sang:-- + + "Nigger work hard all de year, + White man tote de money."[2082] + +If the negro made anything, his fellows were likely to steal it. Somers +said, "There can be no doubt that the negroes first steal one another's +share of the crop, and next the planter's, by way of general +redress."[2083] Crop stealing was usually done at night. Stolen cotton, +corn, pork, etc., was carried to the doggeries kept on the outskirts of +the plantation by low white men, and there exchanged for bad whiskey, +tobacco, and cheap stuff of various kinds. These doggeries were called +"deadfalls," and their proprietors often became rich.[2084] So serious did +the theft of crops become, that the legislature passed a "sunset" law, +making it a penal offence to purchase farm produce after nightfall. +Poultry, hogs, corn, mules, and horses were stolen when left in the open. + +Emancipation destroyed the agricultural supremacy of the Black Belt. The +uncertain returns from the plantations caused an exodus of planters and +their families to the cities, and formerly well-kept plantations were +divided into one-and two-house farms for negro tenants, who allowed +everything to go to ruin. The negro tenant system was much more ruinous +than the worst of the slavery system, and none of the plantations ever +again reached their former state of productiveness. Ditches choked up, +fences down, large stretches of fertile fields growing up in weeds and +bushes, cabins tumbling in and negro quarters deserted, corn choked by +grass and weeds, cotton not half as good as under slavery,--these were the +reports from travellers in the Black Belt, towards the close of +Reconstruction.[2085] Other plantations were leased to managers, who also +kept plantation stores whence the negroes were furnished with supplies. +The money lenders came into possession of many plantations. By the crop +lien and blanket mortgage, the negro became an industrial serf. The "big +house" fell into decay. For these and other reasons, the former masters, +who were the most useful friends of the negro, left the Black Belt, and +the black steadily declined.[2086] The unaided negro has steadily grown +worse; but Tuskegee, Normal, Calhoun, and similar bodies are endeavoring +to assist the negro of the black counties to become an efficient member of +society. In the success of such efforts lies the only hope of the negro, +and also of the white of the Black Belt, if the negro is to continue to +exclude white immigration.[2087] + + + + +CHAPTER XXIII + +POLITICAL AND SOCIAL CONDITIONS DURING RECONSTRUCTION + + +SEC. 1. POLITICS AND POLITICAL METHODS + +During the war the administration of the state government gradually fell +into the hands of officials elected by people more or less disaffected +toward the Confederacy. Provisional Governor Parsons, who had been +secretly disloyal to the Confederacy, retained in office many of the old +Confederate local officials, and appointed to other offices men who had +not strongly supported the Confederacy. In the fall of 1865 and the spring +of 1866 elections under the provisional government placed in office a more +energetic class of second and third rate men who had had little experience +and who were not strong Confederates. Men who had opposed secession and +who had done little to support the war were, as a rule, sent to Congress +and placed in the higher offices of state. The ablest men were not +available, being disfranchised by the President's plan. + +In 1868, with the establishment of the reconstructed government, an +entirely new class of officials secured control. Less than 5000 white +voters, of more than 100,000 of voting age, supported the Radical +programme, and, as more than 3000 officials were to be chosen, the field +for choice was limited. The elections having gone by default, the Radicals +met with no opposition, except in three counties. In all the other +counties the entire Radical ticket was declared elected, even though in +several of them no formal elections had been held. + +William H. Smith, who was made governor under the Reconstruction Acts, was +a native of Georgia, a lawyer, formerly a Douglas Democrat, and had +opposed secession, but was a candidate for the Confederate Congress. +Defeated, he consoled himself by going over to the Federals in 1862. Smith +was a man of no executive ability, careless of the duties of his office, +and in few respects a fit person to be governor. He disliked the +Confederate element and also the carpet-baggers, but as long as the latter +would not ask for high offices, he was at peace with them. It was his plan +to carry on the state government with the 2000 or 3000 "unionists" and the +United States troops. He did not like the negroes, but could endure them +as long as they lived in a different part of the state and voted for him. +In personal and private matters he was thoroughly honest, but his course +in regard to the issue of bonds showed that in public affairs he could be +influenced to doubtful conduct. It is certain that he never profited by +any of the stealing that was carried on; he merely made it easy for others +to steal; the dishonest ones were his friends, and his enemies paid the +taxes. As governor he had the respect of neither party. He went too far to +please the Democrats, and not far enough to please the Radicals. He +exercised no sort of control over his local officials and shut his eyes to +the plundering of the Black Belt. He was emphatically governor of his +small following of whites, not of all the people, not even of the blacks. +During his administration the whites complained that he was very active in +protecting Radicals from outrage, but paid no attention to the troubles of +his political enemies. His government did not give adequate protection to +life and property. + +His lieutenant-governor, A. J. Applegate of Ohio and Wisconsin, was an +illiterate Federal soldier left stranded in Alabama by the surrender. +During the war he was taken ill in Mississippi and was cared for by Mrs. +Thompson, wife of a former Secretary of the Treasury. Upon leaving the +Thompson house he carried some valuable papers with him, which, after the +war, he tried to sell to Mrs. Thompson for $10,000. Lowe, Walker, & +Company, a firm of lawyers in Alabama, gave Applegate $300, made him sign +a statement as to how he obtained the papers, and then published all the +correspondence.[2088] The charge of thievery did not injure his candidacy. +Before election he had been an _attaché_ of the Freedmen's Bureau. After +the constitution had been rejected in 1868, Applegate went North, so far +that he could not get back in time for the first session of the +legislature. A special act, however, authorized him to draw his pay as +having been present. In a letter written for the Associated Press, which +was secured by the Democrats, there were thirty-nine mistakes in spelling. +As a presiding officer over the Senate, he was vulgar and undignified. His +speeches were ludicrous. When the conduct of the Radical senators pleased +him, he made known his pleasure by shouting, "Bully for Alabama!" + +The secretary of state, Charles A. Miller, was a Bureau agent from Maine; +Bingham, the treasurer, was from New York; Reynolds, the auditor, from +Wisconsin; Keffer, the superintendent of industrial resources, from +Pennsylvania. Two natives of indifferent reputation--Morse and +Cloud--were, respectively, attorney-general and superintendent of public +instruction. Morse was under indictment for murder and had to be relieved +by special act of the legislature. The chief justice, Peck, was from New +York; Saffold and Peters were southern men; the senators and all of the +representatives in Congress were carpet-baggers. There were six candidates +for the short-term senatorship--all of them carpet-baggers. Willard Warner +of Ohio, who was elected, was probably the most respectable of all the +carpet-baggers, and was soon discarded by the party. He had served in the +Federal army and after the war was elected to the Ohio Senate. His term +expired in January, 1868; in July, 1868, he was elected to the United +States Senate from Alabama. George E. Spencer was elected to the United +States Senate for the long term. He was from Massachusetts, Ohio, Iowa, +and Nebraska. In Iowa he had been clerk of the Senate, and in Nebraska, +secretary to the governor. He entered the army as sutler of the First +Nebraska Infantry. Later he assisted in raising the First Union Alabama +Cavalry and was made its colonel. Spencer was shrewd, coarse, and +unscrupulous, and soon secured control of Federal patronage for Alabama. +He attacked his colleague, Warner, as being lukewarm. + +The representatives and their records were as follows: F. W. Kellogg of +Massachusetts and Michigan represented the latter state in Congress from +1859 to 1865, when he was appointed collector of internal revenue at +Mobile. C. W. Buckley of New York and Illinois was a Presbyterian preacher +who had come to Alabama as chaplain of a negro regiment. For two years he +was a Bureau official and an active agitator. He was a leading member in +the convention of 1867. B. W. Norris of Skowhegan, Maine, was an +oil-cloth maker and a land agent for Maine, a commissary, contractor, +cemetery commissioner, and paymaster during the war. After the war he came +South with C. A. Miller, his brother-in-law, and both became Bureau +agents. C. W. Pierce of Massachusetts and Illinois was a Bureau official. +Nothing more is known of him. John B. Callis of Wisconsin had served in +the Federal army and later in the Veteran Reserve Corps. After the war he +became a Bureau agent in Alabama, and when elected he was not a citizen of +the state, but was an army officer stationed in Mississippi. Thomas +Haughey of Scotland was a Confederate recruiting officer in 1861-1862 and +later a surgeon in the Union army. He was killed in 1869 by Collins, a +member of the Radical Board of Education. It was said that he was without +race prejudice and consorted with negroes, but he was the only one of the +Alabama delegation whom Governor Smith liked. The latter wrote that "our +whole set of representatives in Congress, with the exception of Haughey, +are ... unprincipled scoundrels having no regard for the state of the +people."[2089] + +In the first Reconstruction legislature, which lasted for three years, +there were in the Senate 32 Radicals and 1 Democrat. In the House there +were 97 Radicals (only 94 served) and 3 Democrats. The lone Democrat in +the Senate was Worthy of Pike, and to prevent him from engaging in debate, +Applegate often retired from his seat and called upon him to preside; the +Democrats in the House were Hubbard of Pike, Howard of Crenshaw, and +Reeves of Cherokee.[2090] In the Senate there was only 1 negro; in the +House there were 26, several of whom could not sign their names. In the +apportionment of representatives there was a difference of 40 per cent in +favor of the black counties. Hundreds of negroes swarmed in to see the +legislature begin, filling the galleries, the windows, and the vacant +seats, and crowding the aisles. They were invited by resolution to fill +the galleries and from that place they took part in the affairs of the +House, voting on every measure with loud shouts. A scalawag from north +Alabama wanted the negroes to sit on one side of the House and the whites +on the other, but he was not listened to. The doorkeepers, +sergeant-at-arms, and other employees were usually negroes. The negro +members watched their white leaders and voted _aye_ or _no_ as they voted. +When tired they went to sleep and often had to be wakened to vote. Both +houses were usually opened with prayer by northern Methodist ministers or +by negro ministers. None but "loyal" ministers were asked to officiate. +Strobach, the Austrian member, wearied of much political prayer, moved +that the chaplain cut short his devotions. + +[Illustration: SCENES IN THE FIRST RECONSTRUCTED LEGISLATURE. (Cartoons +from "The Loil Legislature," by Captain B. H. Screws.)] + +The whites in the legislature were for the most part carpet-baggers or +unknown native whites. The entire taxes paid by the members of the +legislature were, it is said, less than $100. Applegate, the +lieutenant-governor, did not own a dollar's worth of property in the +state. Most of the carpet-bag members lived in Montgomery; the rest of +them lived in Mobile, Selma, and Huntsville. Few of them saw the districts +they represented after election; some did not see them before or after the +election. The representative from Jackson County lived in Chattanooga, +Tennessee. The state constitution prohibited United States officials from +holding state offices, but nearly all Federal officers in the state also +held state offices. This was particularly the case in the southwestern +counties, which were represented by revenue and custom-house officials +from Mobile. Some of them were absent most of the time, but all drew pay; +one of the negro members, instead of attending, went regularly to school +after the roll was called. No less than twenty members had been indicted +or convicted, or were indicted during the session, of various crimes, from +adultery and stealing to murder. The legislature passed special acts to +relieve members from the penalties for stealing, adultery, bigamy, arson, +riot, illegal voting, assault, bribery, and murder.[2091] + +Bribery was common in the legislature. By custom a room in the capitol was +set apart for the accommodation of those who wished to "interview" negro +members.[2092] There the agents of railroad companies distributed +conscience money in the form of loans which were never to be paid back. +Harrington, the speaker, boasted that he received $1700 for engineering a +bill through the House. A lottery promoter said that it cost him only $600 +to get his charter through the legislature, and that no Radical, except +one negro, refused the small bribe he offered. Senator Sibley held his +vote on railroad measures at $500; Pennington, at $1000; W. B. Jones, at +$500. Hardy of Dallas received $35,000 to ease the passage of a railroad +bond issue, and kept most of it for himself; another received enough to +start a bank; still another was given 640 acres of land, a steam mill, and +a side track on a railroad near his mill. Negro members, as a rule, sold +out very cheaply, and probably most often to Democrats who wanted some +minor measures passed to which the Radical leaders would pay no attention. +It was found best not to pay the larger sums until the governor had signed +the bill. A member accepted a gift as a matter of course, and no attention +was paid to charges of bribery.[2093] + +The election of February 4 and 5, 1868, at which the constitution was +rejected on account of the whites' refraining from voting, was in many +counties a farce. The legislature, in order to remedy any defects in the +credentials of the Radical candidates, passed a number of general and +special acts legalizing the "informal" elections of February 4 and 5, and +declaring the Radical candidates elected. In seven counties no votes had +been counted, but this made no difference.[2094] + +The presiding officers addressed the members as "Captain, John, Mr. +Jones," etc. Quarrels and fights were frequent. One member chased another +to the secretary's desk, trying to kill him, but was prevented by the +secretary. In the cloak-rooms and halls were fruit and peanut stands, +whiskey shops, and lunch counters. Legislative action did not avail to +clear out the sovereign negroes and keep the halls clean. Political +meetings were held in the capitol, much to the damage of the +furniture.[2095] + +The only measures that excited general interest among the members were the +bond-issue bills. Other legislation was generally purely perfunctory, +except in case an election law or a Ku Klux law was to be passed. There +was much special legislation on account of individual members, such as +granting divorces, ordering release from jail, relieving from the "pains" +of marriage with more than one woman, trick legislation, vacating offices, +etc. When, as in Mobile, the Democrats controlled too many minor offices, +the legislature remedied the wrong by declaring the offices vacant and +giving the governor authority to make appointments to the vacancies. The +Mobile offices were vacated three times in this way. In connection with +the Mobile bill it was found that fraudulent interpolations were sometimes +made in a bill after its passage. It would be taken from the clerk's desk, +changed, and then returned for printing.[2096] + +Some of the laws passed failed of their object because of mistakes in +spelling. A committee was finally appointed to correct mistakes in +orthography. The House and Senate constantly returned engrossed bills to +one another for correction. A joint committee to investigate the education +of the clerks reported that they were unable to ascertain which of the +clerks was illiterate, though they discharged one of them. The minority +report declared that the fault was not with the clerks, but with the +members, many of whom could not write. Finally a spelling clerk was +employed to rewrite the bills submitted by the members.[2097] For making +fun of the ignorance of the Radical members, Ryland Randolph, a Democratic +member, elected in a by-election, was expelled from the House. + +In 1868 the Radicals, fearing the result of the presidential election and +afraid of the Ku Klux movement which was beginning to be felt, passed a +bill giving to itself the power to choose presidential electors. The +negroes were aroused by the Radical leaders who were not in the +legislature, and sufficient pressure was brought to bear on the governor +to induce him to veto the measure.[2098] + +According to the constitution, the Senate was to classify at once after +organization, so that half should serve two years and half four years. No +one was willing to take the short term and lose the $8 _per diem_ and +other privileges. So in 1868 the Senate refused to classify. Again in 1870 +it refused to classify. The Radicals permitted the usurpation because it +was known that the Democrats would carry the white counties in case the +classification were made and elections held. Then, too, it was feared that +in 1870 the Democrats would have a majority in the lower house; hence a +Radical Senate would be necessary to prevent the repudiation of the +railroad indorsation. So all senators held over until 1872, and by shrewd +manipulation and the use of Federal troops the Senate kept a Radical +majority until 1874.[2099] + +County and other local officials were incompetent and corrupt. The policy +of the whites in abstaining from voting on the constitution (1868) gave +nearly every office in the state to incompetent men. In the white counties +it was as bad as in the black, because the Radicals there despaired of +carrying the elections and put up no regular candidates. However, in every +county some freaks offered themselves as candidates, and at "informal" +elections received, or said they received, a few votes. After the state +was admitted in spite of the rejection of the constitution, these people +were put in office by the legislature. Had the white people taken part in +the elections instead of relying upon the law of Congress in regard to +ratification and not refrained from voting, they could have secured nearly +all the local offices in the white counties. No other state had such an +experience; no other state had such a low class of officials in the +beginning of Reconstruction. But the very incapacity of them worked in +favor of better government, for they had to be gotten rid of and others +appointed. Not a single Bureau agent whose name is on record failed to get +some kind of an office. In Perry County most of the officials were +soldiers of a Wisconsin regiment discharged in the South; the circuit +clerk was under indictment for horse stealing. In Greene County a +superintendent of education had to be imported under contract from +Massachusetts, there being no competent Radical. In Sumter County one +Price, who had a negro wife, was registrar, superintendent of education, +postmaster, and circuit clerk. A carpet-bagger, elected probate judge, +went home to Ohio, after the supposed rejection of the constitution, and +never returned. The sheriff and the solicitor were negroes who could not +read. Another Radical was at once circuit clerk, register in chancery, +notary public, justice of the peace, keeper of the county poorhouse, and +guardian _ad litem_. In Elmore County the probate judge was under +indictment for murder. In Montgomery, Brainard, the circuit clerk, killed +his brother-in-law and tried to kill Widmer, the collector of internal +revenue. The Radical chancellor and marshal were scalawags--one a former +slave trader, the other a former divine-right slave owner. The sheriff of +Madison could not write. In Dallas the illiterate negro commissioners +voted for a higher rate of taxation, though their names were not on the +tax books; their scalawag associates voted for the lower rate. Thus it was +all over Alabama. + +In July, 1868, the Reconstruction legislature continued in force the code +of Alabama, which provided for heavy official bonds. But the adventurers +could not make bond. So a special law was passed authorizing the supreme +court, chancellors, and circuit judges to "fix and prescribe" the bonds of +all "judicial and county officials." Later the suspended code went into +effect, and the Democrats succeeded in turning out many newly elected +Radicals who could not make bond. Almost at the beginning the Democrats +began the plan of refusing to make bond for Radicals, and thus made it +almost impossible for the latter to hold office until the legislature +again came to their relief. + +There were many vacancies and few white Radicals to fill them; the +scalawags thought that the negro ought to be content with voting. Smith +had many vacancies to fill by appointment. Most of the paying ones were +given to Radicals, and many of the others were given to Democrats, whom he +preferred to negroes. In the black counties the property owners and the Ku +Klux began to make the most obnoxious officials sell out and leave, and +Governor Smith would, by agreement, appoint some Democrat to such +vacancies. This custom became frequent, and, in spite of himself, Smith's +"lily white" sentiments were undermining the rule of his party.[2100] An +argument used by the more liberal of the Radicals in favor of removal of +disabilities was that in some counties the local offices could not be +filled on account of the operation of the disfranchising laws.[2101] + +The Federal judiciary was represented by Richard Busteed, an Irishman, who +was made Federal judge in 1864. He came South in 1865 with bloodthirsty +threats and at once began prosecutions for treason. More than 900 cases +were brought before him. There were no convictions, but a rich harvest of +costs. He was ignorant of law, and in the court room was arbitrary and +tyrannical to lawyers, witnesses, and prisoners. It was charged that he +was in partnership with the district attorney. Bribery was proven against +him. The leading lawyers, both Radical and Democratic, asked Congress to +impeach him, but to no effect. It was his custom to solicit men to bring +causes before him. A Selma editor was brought before him and severely +lectured for writing a disrespectful article about Busteed's grand jury. +There was one Democratic lawyer whom Busteed feared--General James H. +Clanton. Clanton paid no attention to Busteed's vagaries, but sat on the +bench with him, advised him and made him take his advice, won all his +cases, and bullied Busteed unrebuked. The latter was afraid he would be +killed if he angered Clanton, and Clanton played upon his fears. At first +a great negrophile, Busteed became more and more obnoxious to the Radical +party, and was soon accused of being a Democrat and removed. Another +Federal officer, Wells, the United States district attorney, had been +discharged from the Union army on the ground of insanity.[2102] + +The new constitution made all judgeships elective and also provided for +the election of a solicitor in each county. The result was seen in the +number of incapable judges and illiterate solicitors. The probate judge of +Madison was "a common jack-plane carpenter from Oregon," and his sheriff +could not write. Many of the judges had never studied law and had never +practised. Public meetings were held to protest against incompetent +judges and to demand their resignations. Governor Smith usually appointed +better men, and not always those of his own party, to the places vacated +by resignation, sale, or otherwise. Before the war the state judiciary had +stood high in the estimation of the people, and judicial officers were +forbidden by public opinion to take part in party politics. Under the +Reconstruction government the judicial officials took an active part in +political campaigns, every one of them, from Busteed and the supreme court +to a county judge, making political speeches and holding office in the +party organization. From a party point of view the scarcity of white +Radicals made this necessary. Notaries public, who also had the powers of +justices of the peace, were appointed by the governor. Their powers were +great and indefinite, and in consequence they almost drove the justices +out of activity. Some of them issued warrants running into all parts of +the state, causing men to be brought forty to fifty miles to appear before +them on trifling charges. + +The Reconstruction judiciary generally held that a jury without a negro on +it was not legal. In the white counties such juries were hard to form. +Northern newspaper correspondents wrote of the ludicrous appearance of +Busteed's half negro jury struggling with intricate points of maritime +law, insurance, constitutional questions, exchange, and the relative value +of a Prussian guilder to a pound sterling. When they were bored they went +to sleep. The negro jurors recognized their own incompetence and usually +agreed to any verdict decided upon by the white jurors. Had the latter +been respectable men, no harm would have been done, but usually they were +not. A negro jury would not convict a member of the Union League--he had +only to give the sign--nor a negro prosecuted by a white man or indicted +by a jury; but many negroes prosecuted by their own race were convicted by +black juries. For many years it was impossible to secure a respectable +Federal jury on account of the test oath required, which excluded nearly +all Confederates of ability. As an example of the working of a local +court, the criminal court of Dallas may be taken. The jurisdiction +extended to capital offences. Corbin, the judge, was an old Virginian who +had never read law. He refused to allow one Roderick Thomas, colored, to +be tried by a mixed jury, demanding a full negro jury. The prosecution +was then dropped because all twelve negroes drawn were of bad character. +Corbin then entered on the record that Thomas was "acquitted." Thomas had +stolen cotton, and the fact had been proven; but he soon became clerk of +Corbin's court and later took Corbin's place as judge, with another negro +for clerk. Nearly every Radical official in Dallas County was indicted for +corruption in office by a Radical or mixed jury, but negro juries refused +to convict them.[2103] + +An elaborate militia system was provided for by the carpet-baggers, with +General Dustin of Iowa, a carpet-bagger, as major-general. The strength of +organization was to be in the black counties, but Governor Smith +persistently refused to organize the negro militia. He was afraid of the +effect on his slender white following, and he did not think that the negro +ought to do anything but vote. He was also afraid of Democratic militia, +afraid that it would overturn the hated state government. He tried to get +several friendly white companies to organize, but failed, and during the +rest of his term relied exclusively upon Federal troops. Even before the +Reconstruction government was set going it was seen that the whites would +be restless. Forcing the rejected constitution and the low-class state +government upon the people against the will of the majority had a very bad +effect. They recognized it as the government _de facto_ only, and they so +considered it all during the Reconstruction. Then the Ku Klux movement +began, and north Alabama especially was disturbed for several years. Smith +sometimes threatened to call out the militia, but never did so. However, +he kept the Federal troops busy answering his calls. After the election of +Grant the army was always at the service of the state officials, who used +detachments as police, marshals, and _posses_. The government had not the +respect of its own party, and had to be upheld by military force. It was a +fixed custom to call in the military when the law was to be +enforced--governor, congressmen, marshals, sheriff, judge, justice of +peace, politicians, all calling for and obtaining troops. It was +distasteful duty to the Federal officers and soldiers. Though the people +knew that only the soldiers upheld the state government, yet they were +not, as a rule, sorry to see the soldiers come in. The military rule was +preferable to the civil rule, and acted as a check on Radical +misgovernment. The whites were often sorry to see the soldiers leave, even +though they were instruments of oppression. Wholesale arrests by the army +were not as frequent during Smith's administration as later.[2104] + +[Illustration: ELECTION FOR PRESIDENT, 1868.] + +The state government was shaken to its foundations by the presidential +campaign and election of 1868. The whites had waked up and gone to work in +earnest. It was the first election in which the races voted against one +another. Busteed, Strobach, and other carpet-baggers toured the North, +predicting chains and slavery for the blacks and butchery for the "loyal" +whites in case Seymour were elected. The Union League whipped the negroes +into line. Brass bands lent enthusiasm to Radical parades. The negroes +were afraid that they would "lose their rights" and be reënslaved, that +their wives would have to work the roads and not be allowed to wear +hoopskirts. The Radicals urged upon the Democrats the view that those who +did not believe in negro suffrage could not take the voter's oath. Many +Democrats refused to register because of the oath. There were numbers who +would not vote against Grant because they believed that he was the only +possible check against Congress. Others felt that so far as Alabama was +concerned the election was cut and dried for Grant. But nevertheless a +majority of the whites determined to resist further Africanization in +government. Their natural leaders were disfranchised, but a strong +campaign was made. The hope was held out of overthrowing the irregular +revolutionary state government and driving out the carpet-baggers in case +Seymour became President. North Alabama declared that a vote for Grant was +a vote against the whites and formed a boycott of all Radicals. The south +Alabama leaders tried to secure a part of the negro vote, and urged that +imprudent talk be avoided and that carpet-baggers and scalawags be let +alone, and the negroes be treated kindly as being responsible for none of +the evils. Orders purporting to be signed by General Grant were sent out +among the negroes, bidding them to beware of the promises of the whites +and directing them to vote for him. Some rascally whites made large sums +of money by selling Grant badges to the blacks. They had been sent down +for free distribution; but the negroes, ordered, as they believed, by the +general, purchased his pictures at $2 each, or less. The carpet-baggers +were afraid of losing the state. Some left and went home. Others wanted +the legislature to choose electors. Still others wanted to have no +election at all, preferring to let it go by default; but the higher +military commanders, Terry and Grant, were sympathetic and troops were so +distributed over the state as to bring out the negro vote. Army officers +assisted at Radical political meetings, and the negro was informed by his +advisers that General Grant had sent the troops to see that they voted +properly. The result was that the state went for Grant by a safe +majority.[2105] + +During the administration of Smith the incompatibility of the elements of +the Radical party began to show more clearly. The native whites began to +desert as soon as the convention of 1867 showed that the negro vote would +be controlled by the carpet-baggers. The genuine Unionist voters resented +the leadership of renegade secessionists. The carpet-baggers demanded the +lion's share of the spoils and were angered because Smith vetoed some of +their measures; the scalawags upheld him. The carpet-baggers felt that +since they controlled the negro voters they were entitled to the greater +consideration. Their manipulation of the Union League alarmed the native +Radicals. + +The negroes were becoming conscious of their power and were inclined to +demand a larger share of the offices than the carpet-baggers wanted to +give them. Some of the negroes were desirous of voting with the whites. +Negro leaders were aspiring to judgeships, to the state Senate, to be +postmasters, to go to Congress. Even now the party was held together only +by the knowledge that it would be destroyed if divided.[2106] + +In 1868 Governor Smith and other Radical leaders, convinced that they were +permanently in power, secured the passage of a law providing for the +gradual removal of disabilities imposed by state law. The same year a +complete registration had been made for the purpose of excluding the +leading whites. After disabilities were removed, so far as state action +was concerned there was no advantage to Radicals in a registration of +voters. On the other hand, it threatened to become a powerful aid to the +Democrats, who began to attend the polls and demand that only registered +voters be allowed to cast ballots, thus preventing repeating. +Consequently, as a preparation for the first general election in the fall +of 1870, the legislature passed a law forbidding the use of registration +lists by any official at any election. No one was to be asked if he were +registered. No one was to be required to show a registration certificate. +The assertion of the would-be voter was to be taken as sufficient. And it +was made a misdemeanor to challenge a voter, thus interfering with the +freedom of elections. After this a negro might vote under any name he +pleased as often as he pleased. This election system was in force until +1874, when the Democrats came into power.[2107] + +To the Forty-first Congress in 1869 returned only one of the former +carpet-bag delegation, C. W. Buckley. Two so-called Democrats were chosen, +two scalawags, and a new carpet-bagger. P. M. Dox, one of the Democrats, +was a northern man who had lived in the South before the war, who was +neutral during the war; and after the war he posed as a "Unionist." +Congressional timber was scarce on account of the test oath and the +Fourteenth Amendment, so Dox secured a nomination. His opponent was a +negro, which helped him in north Alabama. The other Democrat, W. C. +Sherrod, who was also from north Alabama, had served in the Confederate +army. His opponent was J. J. Hinds, one of the most disliked of the +carpet-baggers. Robert S. Heflin, one of the scalawags, was from that +section where the Peace Society flourished during the war. At first a +Confederate, in 1864 he deserted and went within the Federal lines. +Charles Hays, the other scalawag, became the most notorious of the +Reconstruction representatives in Congress. He was a cotton planter in one +of the densest black districts and managed to stay in Congress for four +years. He is chiefly remembered because of the Hays-Hawley correspondence +in 1874. Alfred E. Buck of Maine had been an officer of negro troops. He +served only one term and after defeat passed into the Federal service. He +died as minister to Japan in 1902. This delegation was weaker in ability +and in morals than the carpet-bag delegation to the Fortieth Congress. + +[Illustration: ELECTION OF 1870 FOR GOVERNOR.] + +In the fall of 1870 Governor Smith was a candidate for reëlection against +Robert Burns Lindsay, Democrat. The hostility of Smith to carpet-baggers +weakened the party. The ticket was not acceptable to the whites because +Rapier, a negro, was candidate for secretary of state. The genuine +Unionists were becoming ultra Democrats, because of the prominence given +in their party to former secessionists like Parsons, Sam Rice, and Hays, +and to negroes and carpet-baggers. Lindsay was from north Alabama, which +supported him as a "white man's candidate." The negroes had been taught to +distrust scalawags, as being little better than Democrats. Smith was asked +why he ran on a ticket with a negro. He replied that now that was the only +way to get office. He also called attention to the fact that in north +Alabama the Democrats drew the color line, and called themselves the +"white man's party," while in the black counties they made an earnest +effort to secure the negro vote. The Union League, through Keffer, sent +out warning that whatever would suit "Rebels" would not suit "union men," +who must treat their "fine professions as coming from the Prince of +Darkness himself," and that if Lindsay were elected, the "condition of +union men would be like unto hell itself." Smith and Senator Warner said +that the Democrats would repudiate railroad bonds, destroy the schools, +and repeal the Amendments and the Reconstruction Acts. In the white +counties the Radical speakers were generally insulted, and soon the white +districts were given up as permanently lost. The Black Belt alone was now +the stronghold of the Radicals. Strict inspection here prevented the +negroes from voting Democratic, as some were disposed to do. Negroes in +the white counties voted for Democrats with many misgivings. An old man +told a candidate, "I intend to vote for you; I liked your speech; but if +you put me back into slavery, I'll never forgive you." Federal troops were +again judiciously distributed in the Black Belt and in the white counties +when there was a large negro vote. As a result the election was very +close, Lindsay winning by a vote of 76,977 to 75,568. + +Ex-Governor Parsons, who had now become a Radical, advised Smith not to +submit to the seating of Lindsay, but to force a contest, and meanwhile to +prevent the vote from being counted by the legislature. So, by injunction +from the supreme court, the Radical president of the Senate, Barr, was +forbidden to count the votes for governor. But the houses in joint session +counted the rest of the votes, and E. H. Moren, Democrat, was declared +elected lieutenant-governor. A majority of the House was anti-Radical. The +old Senate, refusing to classify, held over. As soon as Moren was +declared elected, Barr arose and left, followed by most of the Radical +senators, saying that he was forbidden to count the vote for governor. +Moren at once appeared, took the oath, and the joint meeting not having +been regularly adjourned, he ordered the count for governor to proceed. A +few Radical senators had lingered out of curiosity, and were retained. +Thus Lindsay was counted in, and at once took the oath of office. By the +advice of Parsons, Smith, though willing to retire, refused to give place +to Lindsay. The Radical senators recognized Smith; the House recognized +Lindsay. Smith brought Federal troops into the state-house to keep Lindsay +out, and for two or three weeks there were rival governors. Finally Smith +was forced to retire by a writ from the carpet-bag circuit court of +Montgomery.[2108] + +Lindsay was born in Scotland and educated at the University of St. +Andrews. He lived in Alabama for fifteen years before the war, opposed +secession, and gave only a half-hearted support to the Confederacy. As he +said: "I would rather not tell my military history, for there was very +little glory in it.... I do not know that I can say much about my +soldiering."[2109] Lindsay was a scholar, a good lawyer, and a pure man, +but a weak executive. In this respect he was better than Smith, however, +who was supported by a unanimous Radical legislature. Under Lindsay the +Senate was Radical and the House doubtful. The Radical auditor held over; +Democrats were elected to the offices of treasurer, secretary of state, +attorney-general, and superintendent of public instruction. W. W. Allen, a +Confederate major-general, was placed in command of the militia and +organized some white companies. + +The Democratic and independent majority of the House had some able +leaders, but many of the rank and file were timid and inexperienced. +Several thousand of the best citizens were still disfranchised. There were +too many young men in public office, half-educated and inexperienced. In +the House there were only fourteen negroes. So far as the legislature was +concerned, there would be a deadlock for two years. The Radicals would +consent to no repeal of injurious legislation, and thus the evil effects +of the laws relating to schools, railroads, and elections continued. +Governor Lindsay tried to bring some order into the state finances, but +the Democrats were divided on the subject of repudiating the fraudulent +bond issues, while the Radicals upheld all of the bond stealing. Lindsay +was blamed by the people for not dealing more firmly with the question, +but, as a matter of fact, he did as well as any man in his position could +do. + +One cause of weakness to the administration was the fact that some of the +attorneys for the railroads were prominent Democrats who insisted upon the +recognition of the fraudulent bonds. These attorneys were few in number, +but they caused a division among the leaders. The selfish motive was very +evident, though for the sake of appearance they talked of "upholding the +state's credit," "the fair name of Alabama," etc. It is difficult to see +that their conduct was in any way on a higher plane than that of the +carpet-baggers, who issued the bonds with intent to defraud. In order to +protect themselves they mercilessly criticised Lindsay. + +Most of the local officials held over from 1868 to 1872; in by-elections +it was clearly shown that the Radicals had lost all except the Black Belt, +where they continued to roll up large majorities, but even here they were +losing by resignation, sale of offices, Ku Kluxing, and removal. The more +decent carpet-baggers were leaving for the North; the white Radicals were +distinctly lower in character than before, having been joined by the dregs +of the Democrats while losing their best white county men. Lindsay made +many appointments, thus gradually changing for the better the local +administration. Owing to the peculiar methods by which the first set of +officials got into office, the local administration was never again as +bad, except in some of the black counties, as it was in 1868-1869. As the +personnel of the Radical party ran lower and lower, more and more +Democrats entered into the local administration. But in spite of the fact +that they secured representation in the state government, they were unable +to make any important reforms until they gained control of all +departments. The results of one or two local elections may be noticed. In +Mobile, which had a white majority, the carpet-bag and negro government +was overthrown in 1870. Though prohibited by law from challenging +fraudulent voters, the Democrats intimidated the negroes by standing near +the polls and fastening a fish-hook into the coat of each negro who voted. +The negroes were frightened. Rumor said that those who were hooked were +marked for jail. Repeating was thus prevented; many of them did not vote +at all. In Selma the Democrats came into power. Property was then made +safe, the streets were cleaned, and the negroes found out that they would +not be reënslaved. Governor Lindsay endeavored to reform the local +judicial administration by getting rid of worthless young solicitors and +incompetent judges, but the Radical Senate defeated his efforts. He was +unable to secure any good legislation during his term, and all reform was +limited to the reduction of administration expenses, the checking of bad +legislation, and the appointment of better men to fill vacancies.[2110] + +To the Forty-second Congress Buckley, Hays, and Dox were reëlected. The +new congressmen were Turner, negro, Handley, Democrat, and Sloss, +Independent. Turner had been a slave in North Carolina and Alabama and had +secured a fair education before the war. He had at first entered politics +as a Democrat, and advised the negroes against alien leaders. To succeed +Warner, George Goldthwaite, Democrat, was chosen to the United States +Senate. + +In 1872 the Democrats nominated for governor, Thomas H. Herndon of Mobile, +who was in favor of a more aggressive policy than Lindsay. He was a south +Alabama man and hence lost votes in north Alabama. David P. Lewis, the +Radical nominee, was from north Alabama and in politics a turncoat. +Opposed to secession in 1861, he nevertheless signed the ordinance and was +chosen to the Confederate Congress; later he was a Confederate judge; in +1864 he went within the Federal lines; in 1867-1868 he was a Democrat, but +changed about 1870. He was victorious for several reasons: the +administration was blamed for the division in the party and for not +reforming abuses; Herndon did not draw out the full north Alabama vote; +the presidential election was held at the same time and the Democrats +were disgusted at the nomination of Horace Greeley; Federal troops were +distributed over the state for months before the election, and the +Enforcement Acts were so executed as to intimidate many white voters. The +full Radical ticket was elected. All were scalawags, except the treasurer. +In a speech, C. C. Sheets said of the Radical candidates, +"Fellow-citizens, they are as pure, as spotless, as stainless, as the +immaculate Son of God."[2111] + +[Illustration: ELECTION OF 1872 FOR GOVERNOR.] + +In both houses of the legislature the Democrats had by the returns a +majority at last. The Radicals were in a desperate position. A United +States Senator was to be elected, and Spencer wanted to succeed himself. +He had spent thousands of dollars to secure the support of the Radicals, +and a majority of the Radical members were devoted to him. Most scalawags +were opposed to his reëlection, but it was known that he controlled the +negro members, and to prevent division all agreed to support him. But how +to overcome the Democratic majorities in both houses? Parsons was equal to +the occasion. He advised that the Radical members refuse to meet with the +Democrats and instead organize separately. So the Democrats met in the +capitol and the Radicals in the United States court-house, as had been +previously arranged. The Senate consisted of 33 members and the House of +100. The Democrats organized with 19 senators and 54 members in the +House, all bearing proper certificates of election, and each house having +more than a quorum. At the court-house the Radicals had 14 senators and 45 +or 46 representatives who had certificates of election. There were 4 +negroes in the Senate and 27 in the House. In neither Radical house was +there a quorum; so each body summoned 5 Radicals who had been candidates, +to make up a quorum. It was hard to find enough, and some custom-house +officials from Mobile had to secure leave of absence and come to +Montgomery to complete the quorum. + +The regular (Democratic) organization at the capitol counted the votes and +declared all the Radical state officials elected. Lewis and McKinstry, +lieutenant-governor, accepted the count and took the oath and at once +recognized the court-house body as the general assembly. Lindsay had +recognized the regular organization, but had taken no steps to protect it +from the Radical schemes. The militia was ready to support the regular +body, but Lewis was more energetic than Lindsay. He telegraphed to the +nearest Federal troops, at Opelika, to come; when they came, he stationed +them on the capitol grounds. He proposed to the Democrats that they admit +the entire Radical body, expelling enough Democrats to put the latter in a +minority. Upon their refusal, he told the court-house body to go ahead +with legislation. Some of the Radicals--one or two whites and four or five +negroes--were dubious about the security of their _per diem_ and showed +signs of a desire to go to the capitol. These were guarded to keep them in +line, and were also paid in money and promises of Federal offices. The +weak-kneed negroes were shut up in a room and guarded, to keep them from +going to the capitol. + +Spencer was determined to be elected and would not wait for the trouble to +be settled. On December 3, 1872, the court-house Radicals chose him to +succeed himself. The next thing was to prevent the regular assembly from +electing a Senator who might contest. Two of that body had died; one or +two were indifferent and easily kept away from a joint session; others +were called away by telegrams (forged by the Radicals) about illness in +their families; three members were arrested before reaching the city; one +member was drugged and nearly killed. By such methods a quorum was +defeated in both houses at the capitol until December 10, when the absent +members came in, and F. W. Sykes was chosen to the United States Senate. + +Meanwhile Lewis and the Radical members had appealed to President Grant to +be sustained. By his direction United States Attorney-General Williams +prepared a plan of compromise skilfully designed to destroy the Democratic +majority in the House and produce a tie in the Senate. Lewis was assured +that the plan would be supported by the Federal authorities. The plan was +as follows: (1) Both bodies were to continue separate organizations until +a fusion was effected. (2) On a certain day, both parties of the House +were to meet in the capitol, and in the usual manner form a temporary +organization--but the Democrats whose seats were contested but who had +certificates of election were to be excluded, while the Radical +contestants were to be seated. This would give a Radical majority. Then +the contests were to be decided and a permanent organization formed. (3) +In the same way the Senate was to be temporarily organized, the regularly +elected Democrats being excluded, while their contestants were seated, +except in the case of the Democratic senator from Conecuh and Butler, who +was to sit but not to vote. By this arrangement there was a bare chance +that the Democrats might secure a majority of one in the Senate. (4) As +soon as the fusion was thus made, the permanent organization was to be +effected. Nothing was said about the legality of past legislation by each +body, but the understanding was that all was to be considered void. + +Meanwhile Lewis had tried to obtain forcible possession of the capitol, +but Strobach, the sheriff whom he sent, was arrested by order of the House +and imprisoned until he apologized. The Democrats were plainly informed +that the "gentle intimations of the convictions of the law officer of the +United States" would be enforced by the use of Federal troops, and there +was nothing to do but give way. The plan was put into operation on +December 17. + +In the House contests the Democrats lost their majority, as was intended. +In the Senate they lost all except one by the plan itself. To unseat +Senator Martin from Conecuh would be a flagrant outrage. So his case went +over until after Christmas. The Democrats elected the clerks, doorkeepers, +and pages. The Radicals still kept up their separate organization, not +meaning to abide by the fusion unless they could gain the entire +legislature. During the vacation Lieutenant-Governor McKinstry wrote to +Attorney-General Williams asking if the Federal government would support +him in case he himself should decide as to the rightful senator from +Conecuh. He explained that a majority of the committee on elections was +going to report in favor of Martin, Democrat, who held the certificate of +election. Further, he said that if the Senate were allowed to vote on the +question, the Democratic senator would remain seated. He proposed to +decide the contest himself upon the report made, and not allow the Senate +to vote. Williams was now becoming weary of the conduct of the Radicals; +he told McKinstry that the course proposed was contrary to both +parliamentary and statute law, and said that Federal troops would not be +furnished to support such a ruling. Moreover, he expressed strong +disapproval of the course of the Radicals in keeping up their separate +organization contrary to the plan of compromise. He ordered the marshal +not to allow the Federal court-house to be used by the Radicals, but the +marshal paid no attention to the order. + +After the holidays the Democrats and anti-Spencer Radicals hoped to bring +about a new election for Senator. On February 11, 1873, Hunter of Lowndes, +a Radical member of the House, proposed that the legislature proceed to +the election of a Senator. Parsons, the speaker, refused to entertain the +motion and ordered Hunter under arrest. McKinstry refused to consider the +Senate as permanently organized until Martin was disposed of, fearing a +joint session. The Radical solicitor of Montgomery secured several +indictments against Spencer's agents for bribery, and summoned several +members of the legislature as witnesses. Parsons ordered Knox, the +solicitor, and Strobach, the sheriff, to be arrested for invading the +privileges of the House. Next, Hunter, who had been arrested for proposing +to elect a Senator, had Parsons arrested for violation of the Enforcement +Acts in preventing the election of a Senator. Busteed, Federal judge, +discharged Parsons "for lack of evidence." + +In the Senate the Radicals matured a plan to get rid of Martin. A caucus +decided to sustain McKinstry in all his rulings. It was known that +Edwards, a Democratic senator, wanted to visit his home. So Glass, a +Radical senator, proposed to pair with him, and at the same time both get +leave of absence for ten days. Edwards and Glass went off at the same +time, in different directions. A mile outside of town, Glass left the +train, returned to Montgomery, and went into hiding. Now was the time. +The reports on the Martin contest were called up. A Democrat moved the +adoption of the majority report in favor of Martin; a Radical moved that +the minority report be substituted in the motion. The Democrats were +voting under protest because they wanted debate and wanted Edwards, one of +the writers of the majority report, to return. In order to move a +reconsideration, Cobb, a Democrat, fearing treachery, voted with the +Radicals; Glass appeared before his name was reached, broke his pair, and +voted; McKinstry refused to entertain Cobb's motion for a reconsideration, +and though the effect of the voting was only to put the minority report +before the Senate to be voted upon, McKinstry declared that Martin by the +vote was unseated and Miller admitted. The temporary Radical majority +sustained him in all his rulings, and thus the Democrats lost their +majority in the Senate. The whole thing had been planned beforehand; +McKinstry had arms in his desk; the cloak-rooms were filled with roughs to +support the Radicals in case the Democrats made a fight; the Federal +troops were at the doors in spite of what Williams had said. McKinstry now +announced that the Senate was permanently organized and the schism healed. +Glass was expelled by the Masonic order for breaking the pair. Spencer was +safe, since the Republican Senate at Washington was sure to admit him. + +In the course of the contest Spencer had spent many thousands of dollars +in defeating dissatisfied Radical candidates for the legislature and in +purchasing voters. The money he used came from the National Republican +executive committee, from the state committee, and from the government +funds of the post-office at Mobile and the internal revenue offices in +Mobile and Montgomery. More than $20,000 of United States funds were used +for Spencer, who, after his election, refused to reimburse the postmaster +and the two collectors, who were prosecuted and ruined. Every Federal +office-holder was assessed from one-fifth to one-third of his pay during +the fall months for campaign expenses. They were notified that unless they +paid the assessments their resignations would be accepted. Spencer refused +to pay the bills of a negro saloon-keeper who had, at his orders, +"refreshed" the negro members of the legislature. But of those who voted +for Spencer in the Radical "legislature" more than thirty secured Federal +appointments. Of other agents about twenty secured Federal appointments. +One of them, Robert Barbour, was given a position in the custom-house at +Mobile with the understanding that he would not have to go there. His pay +was sent to him at Montgomery. + +As a preparation for the autumn presidential contest, Spencer worked upon +the fears of Grant and secured the promise of troops, though he had some +difficulty. His letters are not at all complimentary to Grant. Finally he +wrote, "Grant is scared and will do what we want." The deputy marshals +manufactured Ku Klux outrages and planned the arrest of Democratic +politicians, of whom scores were gotten out of the way, for a week or two, +but none were prosecuted. There was no election of Senator other than that +of Spencer by the irregular body and that of Sykes by the regular +organization at the capitol, neither of which took place on the day +appointed by law. The Senate admitted Spencer on the ground that Governor +Lewis had recognized the court-house aggregation. Sykes contested and of +course failed; the Senate refused for several years to vote his expenses, +as was customary. In 1885, Senator Hoar secured $7,132 for Spencer as +expenses in the contest. In 1875 the Alabama legislature, Radical and +Democratic, united in an address to the United States Senate, asking that +Spencer's seat be declared vacant.[2112] + +Under Lewis the Radical administration went to pieces. The enormous issues +of bonds, fraudulent and otherwise, by Smith and Lewis which destroyed the +credit of the state; ignorant negroes in public office; drunken judges on +the benches; convicts as officials; teachers and school officers unable to +read; intermarriage of whites and blacks declared legal by the supreme +court; the low character of the Federal officials; constant arrests of +respectable whites for political purposes; use of Federal troops; packed +juries; purchase and sale of offices; defaulters in every Radical county; +riots instigated by the Radical leaders; heavy taxes,--all these +burdens bore to the ground the Lewis administration before the end of its +term. The last year was simply a standstill while the whites were +preparing to overthrow the Radical government, which was demoralized and +disabled also by constant aid and interference from the Federal +administration. + +[Illustration: DEMOCRATIC AND CONSERVATIVE LEADERS. + +GOVERNOR R. M. PATTON. + +GENERAL JAMES H. CLANTON. Organizer of the present Democratic Party in +Alabama. + +GOVERNOR GEORGE S. HOUSTON. + +GOVERNOR R. B. LINDSAY. + +MAJOR J. R. CROWE, now of Sheffield, Ala., one of the founders of the Ku +Klux Klan at Pulaski, Tenn.] + +Lewis appointed a lower class of officials than Smith had appointed, among +them many ignorant negroes for minor offices. Carpet-baggers and scalawags +were becoming scarce. The white counties under their own local government +were slowly recovering; the formerly wealthy Black Belt counties were +being ruined under the burden of local, state, and municipal +taxation.[2113] + +To the Forty-second Congress Alabama, now entitled to eight +representatives, sent four scalawags, Pelham, Hays, White, and Sheets; one +negro, Rapier; and three Democrats or Independents, Bromberg, Caldwell, +and Glass; carpet-baggers were now at a discount; scalawags and negroes +wanted all the spoils. + +In the spring of 1874 the whites began to organize to overthrow Radical +rule. They were firmly determined that there should not be another Radical +administration. In the Radical party only a few whites were left to hold +the negroes together. Some of the negroes were disgusted because of +promises unfulfilled; others were grasping at office; the Union League +discipline was missed; "outrages" were no longer so effective. The +Radicals had no new issues to present. The state credit was destroyed; the +negroes no longer believed so seriously the stories of reënslavement; the +northern public was becoming more indifferent, or more sympathetic toward +the whites. The time for the overthrow of Radical rule was at hand. + + +SEC. 2. SOCIAL CONDITIONS DURING RECONSTRUCTION + +In previous chapters something has been said of social and economic +matters, especially concerning labor, education, religion, and race +relations. Some supplementary facts and observations may be of use. + +The central figure of Reconstruction was the negro. How was his life +affected by the conditions of Reconstruction? In the first place, crime +among the blacks increased, as was to be expected. Removed from the +restraints and punishments of slavery, with criminal leaders, the negro, +even under the most African of governments, became the chief criminal. The +crime of rape became common, caused largely, the whites believed, by the +social equality theories of the reconstructionists. Personal conflicts +among blacks and between blacks and whites were common, though probably +decreasing for a time in the early '70's. Stealing was the most frequent +crime, with murder a close second. During the last year of negro rule the +report of the penitentiary inspectors gave the following statistics:-- + + ================================================ + CRIMES | WHITES | NEGROES + ----------------------------|----------|-------- + Murder | 11 | 43 + Assault | 2 | 21 + Burglary and grand larceny | 15 | 199 + Arson | 1 | 4 + Rape | 0 | 6 + Other felonies | 2 | 14 + |----------|-------- + Total | 31 | 287 + ================================================ + +Thus 1 white to 16,936 of population was in prison for felony; 1 black to +2294; felonies, 1 white to 8 blacks; misdemeanors, 1 white to 64 blacks. +In Montgomery jail were confined about 12 blacks to 1 white. These +statistics do not show the real state of affairs, since most convictions +of blacks were in cases prosecuted by blacks. To be prosecuted by a white +was equivalent to persecution--so reasoned the negro jury in the Black +Belt. Under the instigation of low white leaders, the negroes frequently +burned the houses and other property of whites who were disliked by the +Radical leaders. Several attempts, more or less successful, were made to +burn the white villages in the Black Belt; hardly a single one wholly +escaped. For several years the whites had to picket the towns in time of +political excitement. The worst negro criminals were the discharged negro +soldiers, who sometimes settled in gangs together in the Black Belt. More +charges were made of crimes by blacks against whites, than by whites +against blacks. Most criminals did not go to prison after conviction. The +Radical legislature passed a law allowing the sale of the convict's labor +to relatives. A good old negro could buy the time of a worthless son for +ten cents a day and have him released. + +The marriage relations of the negroes were hardly satisfactory, judged by +white standards. The white legislatures in 1865-1866 had declared slave +marriages binding. The reconstructionists denounced this as a great +cruelty and repealed the law. Marriages were then made to date from the +passage of the Reconstruction Acts. Many negro men had had several wives +before that date. They were relieved from the various penalties of +desertion, bigamy, adultery, etc. And after the passage of these laws, +numerous prominent negroes were relieved of the penalties for promiscuous +marriages. Divorces became common among the negroes who were in politics. +During one session of the legislature seventy-five divorces were granted. +This was cheaper than going through the courts, and more certain. The +average negro divorced himself or herself without formality; some of them +were divorced by their churches, as in slavery. + +Upon the negro woman fell the burden of supporting the children. Her +husband or husbands had other duties. Children then began to be unwelcome +and foeticide and child murder were common crimes. The small number of +negro children during the decade of Reconstruction was generally remarked. +Negro women began to flock to towns; how they lived no one can tell; +immorality was general among them. The conditions of Reconstruction were +unfavorable to honesty and morality among the negroes, both male and +female. The health of the negroes was injured during the period 1865-1875. +In the towns the standard of living was low; sanitary arrangements were +bad; disease, especially consumption and venereal diseases, killed large +numbers and permanently injured the negro constitution. + +Negro women took freedom even more seriously than the men. It was +considered slavery by many of them to work in the fields; domestic service +was beneath the freedwomen--especially were washing and milking the cows +tabooed. To live like their former mistresses, to wear fine clothes and go +often to church, was the ambition of a negro lady. After Reconstruction +was fully established the negro women were a strong support to the Union +League, and took a leading part in the prosecution of negro Democrats. +Negro women never were as well-mannered, nor, on the whole, as +good-tempered and cheerful, as the negro men. Both sexes during +Reconstruction lost much of their cheerfulness; the men gradually ceased +to go "holloing" to the fields; some of the blacks, especially the women, +became impudent and insulting toward the whites. While many of the negroes +for a time seemed to consider it a mark of servility to behave decently to +the whites, toward the close of Reconstruction and later conditions +changed, and the negro men especially were in general well-behaved and +well-mannered in their relations with whites except in time of political +excitement. + +The entire black race was wild for education in 1865 and 1866, but most of +them found that the necessary work--which they had not expected--was too +hard, and by the close of Reconstruction they were becoming indifferent. +The education acquired was of doubtful value. There was in 1865-1867 a +religious furor among the negroes, and several negro denominations were +organized. The chief result, as stated at length elsewhere, was to +separate from the white churches, discard the old conservative black +preachers, and take up the smooth-tongued, ranting, emotional, immoral +preachers who could stir congregations. The negro church has not yet +recovered from the damage done by these ministers. Negro health was +affected by the night meetings and religious debauches. In general it may +be said that the negro speech grew more like that of the whites, on +account of schools, speeches, much travel, and contact with white leaders. +The negro leaders acquired much superficial civilization, and very quickly +mastered the art of political intrigue. + +A very delicate question to both races was that of the exact position of +the negro in the social system. The convention of 1867 had contained a +number of equal-rights members, and there had been much discussion. A +proposition to have separate schools was not made obligatory. A measure to +prevent the intermarriage of the races was lost, and the supreme court of +the state declared that marriages between whites and blacks were lawful. +Laws were passed to prevent the separation of the races on street cars, +steamers, and railway cars, but the whites always resisted the enforcement +of such laws. Some negroes, especially the mulattoes, dreamed of having +white wives, but the average pure negro was not moved by such a desire. +When the Coburn investigation was being made, Coburn, the chairman, was +trying to convince a negro who had declared against the policy and the +necessity of the Civil Rights Bill. The negro retorted by asking how he +would like to see him sitting by his (Coburn's) daughter's side. The black +declared that he would not like to be sitting by Miss Coburn and have some +young man who was courting her come along and knock over the big black +negro; further he did not want to eat at the table nor sit in cars with +the whites, preferring to sit by his own color. Some of the negroes were +displeased at the proposed Civil Rights Bill, thinking that it was meant +to force the negro to go among the whites.[2114] There were negro police +in the larger towns, Selma, Montgomery, and Mobile, who irritated the +whites by their arrests and by discrimination in favor of blacks. The +negroes, in many cases, had ceased to care for the good opinion of the +whites and, following disreputable leaders, suffered morally. The color +line began to be strictly drawn in politics, which increased the +estrangement of the races, though individuals were getting along better +together.[2115] + +The white carpet-baggers and scalawags never formed a large section of the +Radical party and constantly decreased in numbers,--the natives returning +to the white party, the aliens returning to the North. The native Radicals +were found principally in the cities and holding Federal offices, and in +the white counties were still a few genuine Republican Unionist voters. +The carpet-baggers were found almost entirely in the Black Belt and in +Federal offices. As their numbers decreased the general character was +lowered. Some of the white Radicals were sincere and honest men, but none +of this sort stood any chance for office. If they themselves would not +steal, they must arrange for others to steal. The most respectable of the +Radicals were a few old Whigs who had always disliked Democrats and who +preferred to vote with the negroes. Such a man was Benjamin Gardner, who +became attorney-general in 1872. + +All white Radicals suffered the most bitter ostracism--in business, in +society, in church; their children in the schools were persecuted by other +children because of their fathers' sins. The scalawag, being a renegade, +was scorned more than a carpet-bagger. In every possible way they were +made to feel the weight of the displeasure of the whites. Small boys were +unchecked when badgering a white Radical. One Radical complained that the +youngsters would come near him to hold a spelling class. The word would be +given out: "Spell _damned rascal_." It would be spelled. "Spell _damned +Radical_." That would be spelled. "They are nearly alike, aren't they?" + +The blacks always felt that the carpet-bagger was more friendly to them +than the scalawag was, for the carpet-baggers associated more closely with +the negroes. The alien white teachers boarded with negroes; some of the +politicians made it a practice to live among the negroes in order to get +their votes. The candidates for sheriff and tax collector in Montgomery +went to negro picnics, baptizings, and church services, drank from the +same bottle of whiskey with negroes, had the negro leaders to visit their +homes, where they dined together, and the white women furnished music. The +carpet-baggers seldom had families with them, and, excluded from white +society, began to contract unofficial alliances among the blacks. Scarcely +an alien office-holder in the Black Belt but was charged with immorality +and the charges proven. Numbers were relieved by the legislature of the +penalties for adultery. The average Radical politician was in time quite +thoroughly Africanized. They spoke of "us niggers," "we niggers," at first +from policy, later from habit. When Lewis was elected, in 1872, a white +Radical cried out in his joy, "We niggers have beat 'em." Two years later +white Radicals marched with negro processions and sang the song:-- + + "The white man's day has passed; + The negro's day has come at last."[2116] + +One effect of Reconstruction was to fuse the whites into a single +homogeneous party. Before the war political divisions were sharply drawn +and feeling often bitter, so also in 1865-1867 and to a certain extent +during the early period of Reconstruction. At first there was no "Solid +South"; within the white man's party there were grave differences between +old Whig and old Democrat, Radical and Conservative. There were different +local problems before the whites of the various sections that for a while +prevented the formation of a unanimous white man's party. There were the +whites of the Black Belt, the former slaveholders, who wished well to the +negro, favored negro education, and looked upon his political activity as +a joke, but who came nearer than any other white people to recognizing the +possibility of permanent political privileges for the black. They believed +that they could sooner or later regain moral control over their former +slaves and thus do away with the evils of carpet-bag government. + +It must be said that the former slaveholding class had more consideration, +then, before, and since, for the poor negro than for the poor white, +probably because the negroes only were always with them. The poorest +whites felt that the negro was not only their social but also their +economic enemy, and, the protection of the owner removed, the blacks +suffered more from these people than ever before. The negro in school, the +negro in politics, the negro on the best lands--all this was not liked by +the poorest white people, whose opportunities were not as good as those of +the blacks. Between these two extremes was the mass of the whites, +displeased at the way negro suffrage, education, etc., was imposed, but +willing to put up with the results if good. The later years of +Reconstruction found the temper of the whites more and more exasperated. +They were tired of Reconstruction, new amendments, force bills, Federal +troops, and of being ruled as a conquered province by the least fit. Every +measure aimed at the South seemed to them to mean that they were +considered incorrigible, not worthy of trust, and when necessary to punish +some whites, all were punished. And strong opposition to proscriptive +measures was called fresh rebellion. "When the Jacobins say and do low and +bitter things, their charge of want of loyalty in the South because our +people grumble back a little seems to me as unreasonable as the complaint +of the little boy: 'Mamma, make Bob 'have hisself. He makes mouths at me +every time I hit him with my stick.'" Probably the grind was harder on the +young men, who had all life before them and who were growing up with +slight opportunities in any line of activity. Sidney Lanier, then an +Alabama school-teacher, wrote to Bayard Taylor, "Perhaps you know that +with us of the young generation in the South, since the war, pretty much +the whole of life has been merely not dying." Negro and alien rule was a +constant insult to the intelligence of the country. The taxpayers were +non-participants. Some people withdrew entirely from public life, went to +their farms or plantations, kept away from towns and from speech-making, +waiting for the end to come. I know old men who refused for several years +to read the newspapers, so unpleasant was the news. The good feeling +produced by the magnanimity of Grant at Appomattox was destroyed by his +southern policy when President. There was no gratitude for any so-called +leniency of the North, no repentance for the war, no desire for +humiliation, for sackcloth and ashes and confession of wrong. The +insistence of the Radicals upon a confession of depravity only made things +much worse. There was not a single measure of Congress during +Reconstruction designed or received in a conciliatory spirit. + +Under the Reconstruction régime the political, and to some extent the +social, morality of the whites declined. Constant fighting fire with fire +scorched all. While in one way the bitter discipline of Reconstruction was +not lost, yet with it the pleasantest of southern life went out. During +the war and Reconstruction there was a radical change in southern +temperament toward the severe. Hospitality has declined; old southern life +was never on a strictly business basis, the new southern life is more so; +the old individuality is partially lost; class distinctions are less felt. +The white people, by the fires of Reconstruction, have been welded into a +homogeneous society.[2117] The material evils of Reconstruction are by no +means the more lasting: the state debt may be paid and wasted resources +renewed; but the moral and intellectual results will be the permanent +ones. + +In spite of the misgovernment during the Reconstruction, there was in most +of the white counties a slow movement toward industrial development. All +over the state in 1865-1868 and 1871-1874 there were poor crops. The white +counties gradually found themselves better able to stand bad seasons. The +decadence of the Black Belt gave the white farmer an opportunity. The +railroads now began to open up the mineral and timber districts, rather +than the cotton counties. During the last four years of negro rule the +coal and iron of the northern part of the state began to attract northern +capital and rapid development began. The timber of the white counties now +began to be cut. In the mines, on the railroads, and in the forests many +whites were profitably employed. Farmers in the white counties, having +thrown off the local Reconstruction government, began to organize +agricultural societies, Patrons of Husbandry, Grangers, etc., and to hold +county fairs. The Radicals maintained that this granger movement was only +another manifestation of Ku Klux, and it was, in a way.[2118] + +Immigration from the North or from abroad amounted to nothing; disturbed +political conditions and the presence of the negroes prevented it. Nor did +the Reconstruction rulers desire immigration; their rule would be the +sooner overthrown. There were two movements of emigration from the +state--culminating in 1869 and in 1873-1874. Those were the gloomiest +periods of Reconstruction, especially for the white man in the Black Belt. +Most of the emigrants went to Texas, others to Mexico, to Brazil, to the +North, and to Tennessee and Georgia, where the whites were in power. It +was estimated that in this emigration the state lost more of its +population than by war. + +In the Black Belt the condition of the whites grew worse. Frequent +elections demoralized negro labor, and crops often failed for lack of +laborers. The more skilful negroes went to the towns, railroads, mines, +and lumber mills. On account of this migration and the gradual dying off +of slavery-trained negroes, negro agricultural labor was less and less +satisfactory. The negro woman often refused to work in the fields. The +white population of the Black Belt decreased in comparison with the +numbers of blacks. The whites deserted the plantations, going to the towns +or gathering in villages. Taxation was heavy, tax sales became frequent. +One of the worst evils that afflicted the Black Belt was the so-called +"deadfall." A "deadfall" was a low shop or store where a white thief +encouraged black people to steal all kinds of farm produce and exchange it +with him for bad whiskey, bad candy, brass jewellery, etc. This evil was +found all over the state where there were negroes. Whites and industrious +blacks lost hogs, poultry, cattle, corn in the fields, cotton in the +fields and in the gin. The business of the "deadfall" was usually done at +night. The thirsty negro would go into a cotton field and pick a sack of +cotton worth a dollar, or take a bushel of corn from the nearest field, +and exchange it at a "deadfall" for a glass of whiskey, a plug of tobacco, +or a dime. These "deadfalls" were in the woods or swamps on the edges of +the large plantations. It was not possible to guard against them. The +"deadfall" keepers often became rich, the harvests of some amounting to 30 +to 80 bales of cotton for each, besides farm produce. Careful estimates by +grand juries and business men placed the average annual loss at one-fifth +of the crop. A bill was introduced into the legislature to prohibit the +purchase after dark of farm produce from any one but the producer. The +measure was unanimously opposed by the Radicals, on the ground that it was +class legislation aimed at the negroes. The debates show that some of them +considered it proper for a negro to steal from his employer. After the +Democratic victory in 1874 a law was passed abolishing "deadfalls."[2119] + + + + +CHAPTER XXIV + +THE OVERTHROW OF RECONSTRUCTION + + +The Republican Party in 1874 + +The Republican party of Alabama went into the campaign of 1874 weakened by +dissensions within its own ranks and by the lessening of the sympathy of +the northern Radicals. During the previous six years the opposition to the +radical Reconstruction policy had gradually gained strength. The +industrial expansion that followed the war, the dissatisfaction with the +administration of Grant, the disclosure of serious corruption on the part +of public officials, and the revelations of the real conditions in the +South--these had resulted in the formation of a party of opposition to the +administration, which called itself the "Liberal Republican" party and +which advocated home rule for the southern states. The Democratic party, +somewhat discredited by its course during the war, had now regained the +confidence of its former members by accepting as final the decisions of +the war on the questions involved and by bringing out conservative +candidates on practical platforms. By 1874 nine northern states had gone +Democratic in the elections; from 1869 to 1872, five southern states +returned to the Democratic columns. The lower house of Congress was soon +to be safely Democratic and no more radical legislation was to be +expected; the executive department of the government alone was in active +sympathy with the Reconstruction régime in the southern states. + +The divisions within the party in the state were due to various causes. In +the first place, the action of the more respectable of the whites in +deserting the party left it with too few able men to hold the organization +well together. By 1874 all but about 4000 whites had forsaken the +Republicans and returned to the Democrats. These whites were mainly in +north Alabama, though there were some few in the Black Belt,--five, for +instance, in Marengo County, and fifty in Dallas. A further source of +weakness was the disposition of the black politician to demand more +consideration than had hitherto been accorded to him. The blacks had +received much political training of a certain kind since 1867, and the +negro leaders were no longer the helpless dupes of the carpet-bagger and +the scalawag. A meeting of the negro politicians, called the "Equal Rights +Union," was held in Montgomery in January, 1874. The resolutions adopted +demanded that the blacks have first choice of the nominations in black +counties and a proportional share in all other counties. They expressed +themselves as opposed to the efforts of the carpet-baggers to organize new +secret political societies, "having found no good to result from such +since the disbursement [_sic_] of the Union League."[2120] If the negroes +should be able to obtain these demands, nothing would be left for the +white members of the party. The rank and file of the blacks had lost much +of their faith in their white leaders and were disposed to listen to +candidates of their own color. Closely connected with the negroes' demands +for office were their demands for social rights. The state supreme court +had decided that whites and blacks might lawfully intermarry, and there +had been several instances of such marriages between low persons of each +race.[2121] Noisy negro speakers were demanding the passage of the Civil +Rights Bill then pending in Congress. A Mobile negro declared that he +wanted to drink in white men's saloons, ride in cars with whites, and go +to the same balls. The white Radicals in convention and legislature were +disposed to avoid the subject when the blacks brought up the question of +"mixed accommodations." The negroes constantly reminded the white Radicals +that the latter were very willing to associate with them in the +legislature and in political meetings. The speeches of Boutwell of +Massachusetts and Morton of Indiana in favor of mixed schools were quoted +by the negro speakers, who now became impatient of the constant request of +their leaders not to offend north Alabama and drive out of the party the +whites of that region. Lewis, a negro member of the legislature, declared +that they were weary of waiting for their rights; that the state would not +grant them, but the United States would; and then they would take their +proper places alongside the whites, and "we intend to do it in defiance of +the immaculate white people of north Alabama.... Hereafter we intend to +demand [our rights] and we are going to press them on every occasion, and +preserve them inviolate if we can. The day is not far distant when you +will find on the bench of the supreme court of the state a man as black as +I am, and north Alabama may help herself if she can."[2122] An "Equal +Rights Convention," from which white Radicals were excluded, met in +Montgomery in June, 1874. The various speakers demanded that colored +youths be admitted to the State University, to the Agricultural and +Mechanical College, and to all other schools on an equal footing with the +whites, "in order that the idea of the inferiority of the negro might be +broken up." Several delegates expressed themselves as in favor of mixed +schools, but advised delay in order not to drive out the white members of +the party. A negro preacher from Jackson County said that he wanted to +hold on to the north Alabama whites "until their stomachs grew strong +enough to take Civil Rights straight."[2123] In 1867 and 1868 there had +been some blacks who had opposed the agitation of social matters on the +ground that their civil and political rights would be endangered, but +these were no longer in politics. The result of the agitation in 1874 was +to irritate the whites generally and to cause the defection of north +Alabama Republicans. + +Another cause of weakness in the Radical party was the quarrel among the +Reconstruction newspapers of the state over the distribution of the money +for printing the session laws of Congress. The _State Journal_ and the +_Mountain Home_ lost the printing, which, by direction of the Alabama +delegation in Congress, was given to the _Huntsville Advocate_ and the +_National Republican_, "to aid needy newspapers in other localities for +the benefit of the Republican party." The result was discord among the +editors and a lukewarm support of the party from those dissatisfied.[2124] + +In 1874 in each county where there was a strong Republican vote discord +arose among those who wanted office. Every white Radical wanted a +nomination and the negroes also wanted a share. The results were temporary +splits everywhere in the county organizations, which were usually mended +before the elections, but which seriously weakened the party. The +Strobach-Robinson division in Montgomery County may be taken as typical. +Strobach was the carpet-bag sheriff of Montgomery County, which was +overwhelmingly black. There was reason to believe that Strobach was being +purchased by the Democrats.[2125] The stalwarts accused him of conspiring +with the Democrats to sell the administration to them. They charged that +he would not allow the negroes to use the court-house for political +meetings, that entirely too many Republicans were indicted at his +instance, and that he summoned as jurors too many Democrats and "Strobach +traitors" and too few Republicans. As leader of the regular organization +Strobach had considerable influence in spite of these charges, and his +enemies undertook to form a new organization. The leaders of the bolters, +known as the Robinson faction, were Busteed, Buckley, Barbour, and +Robinson. They made the fairest promises and secured the support of the +majority of the negroes, though Strobach still controlled many. Between +the two factions there was practically civil war during 1874. The bolters +organized their negroes in the "National Guards," a semi-military +society--5000 or 6000 strong. This body broke up the Strobach meetings, +and serious disturbances occurred at Wilson's Station, Elam Church, and at +Union Springs. At the latter place the bolters attempted to take forcible +possession of the congressional nominating convention. The negroes, led by +a few whites, invaded the town, firing guns and pistols and making threats +until it seemed as if a three-cornered fight would result between the +whites and the two factions of the blacks. Rapier, the negro congressman, +made peace by agreeing to support the Robinson-Buckley faction provided +they kept the peace and allowed him to receive the nomination for Congress +from the other faction. They forced him to sign an agreement to that +effect, which he repudiated a few days later. The bolters were not +admitted to the state convention in 1874, and thus weakness resulted. +During the summer and fall of 1874, ten or twelve negroes were killed and +numbers injured in the fights between the factions.[2126] + +The Democrats naturally did all that was possible to encourage such +division in the ranks of the enemy. Bolting candidates and independent +candidates, especially negroes, were secretly supported by advice and +funds. Carpet-bag and scalawag leaders were purchased, and agreed to use +their influence to divide their party. To some of them it was clear that +the whites would soon be in control, and meanwhile they were willing to +profit by selling out their party.[2127] For two or three years it had +been a practice in the Black Belt for the Radical office-holders to farm +out their offices to the Democrats, who appointed deputies to conduct such +offices. The stalwarts now endeavored to cast these men out of the party, +but only succeeded in weakening it. + + +The Negroes in 1874 + +In spite of all adverse influence, however, the great majority of the +negroes remained faithful to the Republican party and voted for Governor +Lewis in the fall elections. They missed the rigid organization of former +years, and many of them were greatly dissatisfied because of unfulfilled +promises made by their leaders; but the Radical office-holders, realizing +clearly the desperate situation, made strong efforts to bring out the +entire negro vote. The Union League methods were again used to drive negro +men into line. They were again promised that if their party succeeded in +the elections, there would be a division of property. Some believed that +equal rights in cars, hotels, theatres, and churches would be obtained. +Clothes, bacon and flour, free homes, mixed schools, and public office +were offered as inducements to voters. In Opelika, A. B. Griffin told the +negroes that after the election all things would be divided and that each +Lee County negro would receive a house in Opelika. To one man he promised +"forty acres and an old gray horse." Heyman, a Radical leader of Opelika, +told the blacks that if the elections resulted properly, the land would be +taxed so heavily that the owners would be obliged to leave the state, and +then the negroes and northerners would get the land.[2128] + +Promises of good not being sufficient to hold the blacks in line, threats +of evil were added. Circulars were sent out, purporting to be signed by +General Grant, threatening the blacks with reënslavement unless they voted +for him. The United States deputy marshals informed the blacks of Marengo +County that if they voted for W. B. Jones, a scalawag candidate who had +been purchased by the whites, they would be reënslaved. Heyman of Opelika +declared that defeat would result in the negroes' having their ears cut +off, in whipping posts and slavery. Pelham, a white congressman, told the +blacks that if the Democrats carried the elections, Jefferson Davis would +come to Montgomery and reorganize the Confederate government. So +industriously were such tales told that many of the negroes became +genuinely alarmed, and it was asserted that negro women began to hide +their children as the election approached.[2129] + +The negro women and the negro preachers were more enthusiastic than the +negro men, and through clubs and churches brought considerable pressure to +bear on the doubtful and indifferent. They agreed that negro children +should not go to schools where the teachers were Democrats. In Opelika a +negro women's club was formed of those whose husbands were Democrats or +were about to be. The initiate swore to leave her husband if he voted for +a Democrat. This club was formed by a white Radical, John O. D. Smith, and +the negroes were made to believe that General Grant ordered it. A similar +organization in Chambers County had a printed constitution by which a +member, if married, was made to promise to desert her husband should he +vote for a Democrat, and a single woman promised not to marry a Democratic +negro or to have anything to do with one. The negro women were used as +agents to distribute tickets to voters. These tickets had Spencer's +picture on them, which they believed was Grant's.[2130] + +In the negro churches to be a Democrat was to become liable to discipline. +Some preachers preferred regular charges against those members who were +suspected of Democracy. The average negro still believed that it was a +crime "to vote against their race" and offenders were sure of expulsion +from church unless, as happened sometimes, the bolters were strong enough +to turn the Republicans out. Nearly every church had its political club to +which the men belonged and sometimes the women. Robert Bennett of Lee +County related his experience to the Coburn Committee. He wanted to vote +the Democratic ticket, he said, and for that offence was put on trial in +his church. The "ministers and exhorters" told him that he must not do so, +saying, "We had rather you wouldn't vote at all; if you won't go with us +to vote with us, you are against us; the Bible says so.... We can have you +arrested. We have got you; if you won't say you won't vote or will vote +with us, we will have you arrested.... All who won't vote with us we will +kick out of the society--and turn them out of church;" and so it happened +to Robert Bennett.[2131] + +The efforts made to hold the negroes under control indicate that numbers +of them were becoming restless and desirous of change. This was especially +the case with the former house-servant class and those who owned property. +One negro, in accounting for his change of politics, said, "Honestly, I +love my race, but the way the colored people have taken a stand against +the white people ... will not do." Of the white Radicals he said, "They +know that we are a parcel of poor ignorant people, and I think it is a bad +thing for them to take advantage of a poor ignorant person, and I do not +think they are honest men; they cannot be." He said that the Radicals +promised much and gave little; that they never helped him. The Democrats +gave him credit and paid his doctor's bills; so that it was to his +interest to vote for the Democrats--"I done it because it was to my +interest. I wanted a change." Another negro explained his change of +politics by saying that bad government kept up the price of pork, and +allowed sorry negroes to steal what industrious negroes made and +saved--eggs, chickens, and cotton. When Adam Kirk, of Chambers County, was +asked why be belonged to the "white man's party," he answered: "I was +raised in the house of old man Billy Kirk. He raised me as a body servant. +The class that he belongs to feels nearer to me than the northern white +man, and actually, since the war, everything that I have got is by their +aid and assistance. They have helped me raise up my family and have stood +by me, and whenever I want a doctor, no matter what hour of the day or +night, he is called in whether I have got a cent or not. I think they have +got better principles and better character than the Republicans."[2132] +There is no doubt that these represented the sentiments of several +thousand negroes who had mustered up courage to remain away from the polls +or perhaps to vote for the Democrats. And while in white counties the +campaign was made on the race issue, in the Black Belt the whites, as +Strobach said, "were more than kind" to negro bolters. They encouraged and +paid the expenses of negro Democratic speakers, and gave barbecues to the +blacks who would promise to vote for the "white man's party." Numerous +Democratic clubs were formed for the negroes and financed by the whites. +Of these there were several in each black county, but none in the white +counties. Though safer than ever before since enfranchisement, negro +Democrats still received rather harsh treatment from those of their color +who sincerely believed that a negro Democrat was a traitor and an enemy to +his race. Negro Democratic speakers were insulted, stoned, and sometimes +killed. At night they had to hide out. Their political meetings were +broken up; their houses were shot into; their families were ostracized in +negro society, churches, and schools. One negro complained that his +children were beaten by other children at school, and that the teacher +explained to him that nothing better could be expected as long as he, the +father, remained a Democrat. Some negro Democrats were driven away from +home and others were whipped. Most of them found it necessary to keep +quiet about politics; and the members of Democratic clubs were usually +sworn to secrecy.[2133] The colored Methodist Episcopal Church, which was +under the guardianship of the white Methodist Church, suffered from negro +persecution; several of its buildings were burned and its ministers +insulted. + + +The Democratic and Conservative Party in 1874 + +If the Republican party was weaker in this campaign than ever before, the +Democrats, on the other hand, were more united and more firmly determined +to carry the elections, peaceably if possible, by force if necessary. +There are evidences that the state government in Alabama would have been +overthrown early in 1874 if the Louisiana revolution of that year had not +been crushed by the Federal government. The different sections of the +state were now more closely united than ever before, owing to the +completion of two of the railroads which had cost the state treasury so +much. The people of the northern white counties now came down into central +Alabama and learned what negro government really was, and it was now made +clear to the Unionist Republican element of the mountain counties that +while they had local white government they were supporting a state +government by the negro and the alien, both of whom they disliked. In +order to gain the support of north Alabama, the opposition of the whites +in the Black Belt to a campaign on the race issue was disregarded, and the +campaign, especially in the white counties, was made on the simple +issue--Shall black or white rule the state? + +It may be of interest here to examine the attitude of the whites toward +the blacks since the war. In 1865, the whites would grant civil rights to +the negro, but would have special legislation for the race on the theory +that it needed a period of guardianship; by 1866, many far-sighted men +were willing to think of political rights for the negro after the proper +preparation; by 1867, there was serious thought of an immediate qualified +suffrage for the black, the object being to increase the representation in +Congress, to disarm the Radicals,--the native whites believing that they +could control the negro vote. This shifting of position was checked by the +grant of suffrage to the negroes by Congress, and during the campaigns of +1867 and 1868 the whites held aloof, meaning to try to influence the negro +vote later, when the opportunity offered. From 1869 to 1872 there was an +increasing tendency, especially in the Black Belt, to appeal to the negro +for political support, but, though the former personal relations were to +some extent resumed, the effort always ended in practical failure. The +result was that by 1873-1874, the whites despaired of dividing the black +vote and many of the Black Belt whites were willing to join those of the +white counties in drawing the color line in politics.[2134] + +The Democrats were aided in presenting the race issue to north Alabama by +the attitude, above referred to, of the negroes in demanding office and +social privileges and by the fact that a strong effort had been made in +Congress and would again be made to enact a stringent civil rights law +securing equal rights to negroes in cars, theatres, hotels, schools, etc. +The Alabama members of Congress, who were Republicans, had voted for such +a bill. The Democrats made the most of the issue. The speeches of +Boutwell, Morton, and Sumner were circulated among the whites as campaign +documents, and were most effective in securing the unionists and +independents of north Alabama.[2135] + +The following extracts from state papers will indicate the state of mind +of the whites. The _Montgomery Advertiser_ of February 19, 1874, declared +that "the great struggle in the South is the race struggle of white +against black for political supremacy. It is all in vain to protest that +the southern wing of the Radical party is not essentially a party of black +men arrayed against their white neighbors in a close and bitter struggle +for power. The struggle going on around us is not a mere contest for the +triumph of this or that platform of party principles. It is a contest +between antagonistic races and for that which is held dearer than life by +the white race. If the negro must rule Alabama permanently, whether in +person or by proxy, the white man must ultimately leave the state." "Old +Whig" protested in the _Opelika Daily Times_ of June 6, 1874, against the +rule of the mob of 80,000 yelling negroes who, at scalawag mandate, and in +the name of liberty, deposited ballots against southern white men. Another +writer declared that "all of the good men of Alabama are for the white +man's party. Outcasts, libellers, liars, handcuffers, and traitors to +blood are for the negro party." Pinned down by bayonets and bound by +tyranny, the whites had been forced to silence and expedients and +humiliation until wrath burned "like a seven-fold furnace in the bosom of +the people." The negro must be expelled from the government. The white was +a God-made prince; the black, a God-made subordinate. "What right hath +Dahomey to give laws to Runnymede, or Bosworth Field to take a lesson from +Congo-Ashan? Shall Bill Turner give laws to Watts, Elmore, Barnes, Morgan, +and the many mighty men of the South?" "When Alabama goes down the white +men of Alabama will go with her."[2136] + +The whites who still remained with the negro party were subjected to more +merciless ostracism than ever before. No one would have business relations +with a Republican; no one believed in his honor or honesty; his children +were taunted by their schoolmates; his family were socially ostracized; no +one would sit by them at church or in public gatherings.[2137] In the +white counties numerous conventions adopted a series of resolutions in +regard to ostracism, known as the "Pike County Platform," which first was +adopted in June, 1874, by the Democratic convention in Pike County. It +read in part as follows: "Resolved that nothing is left to the white man's +party but social ostracism of all those who act, sympathize, or side with +the negro party, or who support or advocate the odious, unjust, and +unreasonable measure known as the Civil Rights Bill; and that henceforth +we will hold all such persons as the enemies of our race, and will not for +the future have intercourse with them in any of the social relations of +life."[2138] + +With the changed conditions in 1874 appeared a considerable number of +"independent" candidates and voters. These were (1) those whites who had +wearied of radicalism, and, foreseeing defeat, had left their party, yet +were unwilling to join the Democrats; (2) certain half-hearted Democrats +who did not want to see the old Democratic leaders come back to power; (3) +disappointed politicians, especially old Whigs of strong prejudices, who +disliked the Democrats from ante-bellum days. These people, foreseeing the +defeat of the Radicals, hastened to offer themselves as independent +candidates and voters. They hoped to get the votes of the bulk of the +Radicals and many Democrats and thus get into power. The Radicals, +otherwise certain of defeat, showed some disposition to meet those people +halfway, and a partial success was possible if the Democrats could not +whip the "independents" into line. This was successfully done. The +following dissertation on "independents" is offered as typical: The +independent is the Brutus of the South, "the protégé of radicalism, the +spawn of corruption or poverty, or passion, or ignorance, come forth as +leaders of ignorant or deluded blacks, to attack and plunder for avarice. +There may be no God to avenge the South, but there is a devil to punish +independents." The independents are only the tools of the Radicals, they +are like bloodhounds,--to be used and then killed, for no sooner than +their work is done the Radicals will knife them. "Satan hath been in the +Democratic camp and, taking these independents from guard duty, led them +up into the mountains and shown them the kingdoms of Radicalism, his +silver and gold, storehouses and bacon, and all these promised to give if +they would fall down and worship him; and they worshipped him, throwing +down the altars of their fathers and trampling them under their +feet."[2139] + + +The Campaign of 1874 + +The Democrats nominated for governor George S. Houston of north Alabama, a +"Union" man whose "unionism" had not been very strong, and the Republicans +renominated Governor D. P. Lewis, also of north Alabama. The Democratic +convention met in July, 1874, and put forth a declaration and a platform +declaring that the Radicals had for years inflamed the passions and +prejudices of the races until it was now necessary for the whites to unite +in self-defence. The convention denied the power of Congress to legislate +for the social equality of the races and denounced the Civil Rights Bill +then pending in Congress as an attempt to force social union. Legislation +on social matters was condemned as unnecessary and criminal. The Radical +state administration was blamed for extravagance and corruption, and a +declaration was made that fraudulent state debts would not be paid if the +Democrats were successful.[2140] + +The fact that the race issue was the principal one is borne out by the +county platforms. In Barbour County the "white man's party" declared that +the issue was "white _vs._ black"; that if the whites were defeated, the +county would no longer be endurable and would be abandoned to the blacks; +that a conflict of races would be deplorable, but that the whites must +protect themselves, and that though in the past some had stayed away from +the polls through disgust, those who did not vote would be reckoned as of +the negro party; that the whites would be ready to protect themselves and +their ballots by force if necessary. In Lee County the convention declared +that the Democrats had long avoided the race issue, but that now it had +been forced upon them by the Radicals; that "this county is the white +man's and the white man must rule over it," and that whites or blacks who +aid the negro party "are the political and social enemies of the white +race." In the same county a local club declared that peace was wanted, but +not peace purchased by "unconditional surrender of every freeman's +privilege to fraud, Federal bayonets, and intimidation."[2141] + +The Republican state convention in August pronounced itself in favor of +the Civil Rights Bill and the civil and political equality of all men +without regard to race, declared that the race issue was an invention of +the Democrats which would result in war with the United States, and +accused the Democrats of being responsible for the bad condition of the +state finances. The Equal Rights convention and the Union Labor convention +declared for the Civil Rights Bill and indorsed Charles Sumner and J. T. +Rapier, the negro congressman.[2142] + +In preparation for the fall elections the Radical members of Congress had +secured the passage of a resolution by Congress appropriating money for +the relief of the sufferers from floods on the Alabama, Warrior, and +Tombigbee rivers. The floods occurred in the early spring; the +appropriation became available in May, but as late as July the governor +had not appointed agents to distribute the bacon which had been purchased +with the appropriation. The members of Congress from the state met and +agreed upon a division of the bacon without reference to flooded +districts, but with reference to the political conditions in the various +counties.[2143] Their agents were to distribute the bacon, but the +governor was unable to get their names until August. The purpose was to +hold the bacon until near the election. The governor and other Republican +leaders were opposed to the use of bacon in the campaign, and the state +refused to pay transportation; so the agents had to sell part of the bacon +to pay expenses. In Lewis's last message to the legislature, he said +pointedly, "Our beloved state has been free from pestilence, floods, and +extensive disasters to labor."[2144] As a matter of fact, there had been +the regular spring freshets, but there were no sufferers. The loss fell +upon the planters, who were under contract to furnish food, stock, and +implements to their tenants. In August, Captain Gentry of the Nineteenth +Infantry was sent by the War Department, which was supplying the bacon, to +investigate the matter of the "political" bacon. He found no suffering, +and no one was able to tell him where the suffering was, though the +members of Congress were positive that there was suffering. The crops were +doing well. In Montgomery Captain Gentry found that the agents in charge +of Congressman Rapier's share of the bacon were J. C. Hendrix and Holland +Thompson (colored), both active politicians. Distribution had been delayed +because Rapier thought that he had not received his share. Congressman +Hays had bacon sent to Calera, Brierfield, and Marion, none of the places +being near flowing water. He sent quantities to Perry, Shelby, and Bibb +counties, but none to Fayette and Baker (Chilton). As he wrote to his +agent, "Of course the overflowed districts will need more than those not +overflowed." When the War Department discovered the use that had been made +of the bacon, Captain Gentry was directed to seize the bacon in dry +districts that was being held until the election. At Eufaula, 80 miles +from the nearest flooded district, he seized 5348 pounds that Rapier had +stored there; at Seale, 7638 pounds were seized; and at Opelika, 9792 +pounds; but not all was discovered at either place.[2145] + +An Opelika negro thus described the method of using the bacon: It was +understood that only the faithful could get any of it. This negro was +considered doubtful, but was told, "If you will come along and do right, +you will get two or three shoulders." Bacon suppers were held at negro +churches, to which only those were admitted who promised to vote the +Republican ticket.[2146] + +The use of bacon in the campaign injured the Republican cause more than it +aided it; the supply of bacon was too small to go around, and the whites +were infuriated because the negroes stopped work so long while trying to +get some of it. + +In previous campaigns the Republicans had used with success the "southern +outrage" issue; stories of murder, cruelty, and fraud by the whites were +carried to Washington and found ready believers, and Federal troops and +deputy marshals were sent to assist the southern Republicans in the +elections by making arrests, thus intimidating the whites and encouraging +the blacks. In the campaign of 1874 such assistance was more than ever +necessary to the black man's party in Alabama. The race line was now +distinctly drawn and most of the whites had forsaken the black man's +party. The blacks, many of them, were indifferent; the whites were +determined to overthrow the Reconstruction rule. + +The leaders of the whites were confident of success and strongly advised +against every appearance of violence, since it would work to the advantage +of the hostile party. There were some, however, who did not object to the +tales of outrage, since they would cause investigation and the sending of +Federal troops. These would, in the black districts, really protect the +whites, and any kind of an investigation would result in damage to the +Radical party. + +Pursuing its plan of a peaceable campaign, the Democratic executive +committee, on August 29, 1874, issued an address as follows: "We +especially urge upon you carefully to avoid all injuries to others while +you are attempting to preserve your own rights. Let our people avoid all +just causes of complaint. Turmoil and strife with those who oppose us in +this contest will only weaken the moral force of our efforts. Let us avoid +personal conflicts; and if these should be forced upon us, let us only act +in that line of just self-defence which is recognized and provided for by +the laws of the land. We could not please our enemies better than by +becoming parties to conflicts of violence, and thus furnish them plausible +pretext for asking the interference of Federal power in our domestic +affairs. Let us so act that all shall see and that all whose opinions are +entitled to any respect shall admit that ours is a party of peace, and +that we only seek to preserve our rights and liberties by the peaceful but +efficient power of the ballot-box."[2147] There is no doubt but that the +whites engaged in less violence in this campaign than in former election +years and less than was to be expected considering their temper in 1874. +But there is also no doubt that very little incentive would have been +necessary to have precipitated serious conflict. The whites were +determined to win, peaceably if possible, forcibly if necessary. This very +determination made them inclined to peace as long as possible and made the +opposite party cautious about giving causes for conflict. + +The Republican leaders industriously circulated in the North stories of +"outrages" in Alabama. The most comprehensive "outrage" story was that of +Charles Hays, member of Congress, published in the famous "Hays-Hawley +letter" of September 7, 1874. Hays had borne a bad character in Alabama +while a slaveholder and had been ostracized for being cruel to his slaves, +and as a Confederate soldier he had a doubtful record. Naturally, in +Reconstruction he had sided against the whites, and the negroes, with few +exceptions, forgot his past history. In order to get campaign material, +Senator Joseph Hawley of Connecticut wrote to Hays to get facts for +publication,--"I want to publish it at home and give it to my neighbors +and constituents as the account of a gentleman of unimpeachable honor." +Hays responded in a long letter, filled with minute details of horrible +outrages that occurred within his personal observation. The spirit of +rebellion still exists, he said; riots, murders, assassinations, +torturings, are more common than ever; the half cannot be told; unless the +Federal government interposes there is no hope for loyal men. The letter +created a sensation. Senator Hawley sent it out with his indorsement of +Hays as a gentleman. The _New York Tribune_, then "Liberal" in politics, +sent "a thoroughly competent and trustworthy correspondent who is a +lifelong Republican" to investigate the charges made by Hays. The charges +of Hays were as follows: (1) for political reasons, one Allen was beaten +nearly to death with pistols; (2) five negroes were brutally murdered in +Sumter County, for no reason; (3) "No white man in Pickens County ever +cast a Republican vote and lived after;" (4) in Hale County a negro +benevolent society was ordered to meet no more; (5) masked men drove James +Bliss, a negro, from Hale County; (6) J. G. Stokes, a Republican speaker, +was warned by armed ruffians not to make another Radical speech in Hale +County; (7) in Choctaw County 10 negroes had been killed and 13 wounded by +whites in ambuscade; (8) in Marengo County W. A. Lipscomb was killed for +being a Republican; (9) "Simon Edward and Monroe Keeton were killed in +Sumter County for political effect;" (10) in Pickens County negroes were +killed, tied to logs, and sent floating down the river with the following +inscription, "To Mobile with the compliments of Pickens;" (11) W. P. +Billings, a northern Republican, was killed in Sumter County on account of +his politics, and Ivey, a negro mail agent, was also killed for his +politics in Sumter; (12) there were numerous outrages in Coffee, Macon, +and Russell counties; (13) near Carrollton, two negro speakers were +hanged. Hays also declared that "only an occasional murder leaks out;" +Republican speakers were always "rotten-egged" or shot at, while not a +single Democrat was injured; the Associated Press agents were all "rebels +and Democrats," and systematically misrepresented the Radical party to the +North. + +The _Tribune_ after investigation pronounced the Hays-Hawley letter "a +tissue of lies from beginning to end." The correspondent sent to Alabama +investigated each reported outrage and found that the facts were as +follows: (1) Allen said that he was beaten for private reasons by one +person with the weapons of nature; (2) three negroes were killed by +negroes and two were shot while stealing corn; (3) since 1867 there had +been white Republican voters and officials in Sumter County; (4) the negro +societies in Hale County denied that any of them had been ordered to +disband; (5) James Bliss himself denied that he had been driven from Hale +County; (6) affidavits of the Republican officials of Hale County denied +the Stokes story; (7) in regard to the "10 killed and 13 wounded" outrage, +affidavits were obtained from the "killed and wounded" denying that the +reported outrage had occurred (the truth was, a negro was beaten by other +negroes, and when the sheriff had attempted to arrest them, they resisted +and one shot was fired; the negroes swore that they had told Hays that +none was injured); (8) Lipscomb in person denied that he had been murdered +or injured; (9) Edward and Keeton lived in Mississippi and there was no +evidence that either had been murdered; (10) the story of the dead negroes +tied to floating logs was not heard in Pickens County before Hays +published it, and no foundation for it could be discovered; (11) Billings +was killed by unknown persons for purposes of robbery, and Republican +officials testified that the killing of Ivey was not political; (12) +nothing could be found to support the statement about outrages in Coffee, +Macon, and Russell counties; (13) the hanging of the two negroes near +Carrollton was denied by the Republicans of that district. The _Tribune_ +correspondent asserted that Hays "knew that his statements were lies when +he made them"; that the whites were exercising remarkable restraint; that +they were trying hard to keep the peace; that counties in Hays's district +were showing signs of going Democratic, and since his was the strongest +Republican district, desperate measures were necessary to hold the +Republicans in line; and that the administration press "had grossly +slandered the people of the state." Governor Lewis and a few of the +Republicans had opposed the "outrage" issue, and though troops were sent +to the state it was against the wishes of Lewis.[2148] + +The Washington administration readily listened to the "outrage" stories +and prepared to interfere in Alabama affairs, though Governor Lewis could +not be persuaded to ask for troops. President Grant wrote, on September 3, +1874, to Belknap, Secretary of War, directing him to hold troops in +readiness to suppress the "atrocities" in Alabama, Georgia, and South +Carolina. Early in September Attorney-General Williams began to encourage +United States Marshal Healy to make arrests under the Enforcement Acts, +and on September 29, 1874, he instructed Healy to appoint special deputies +at all points where troops were to be stationed. He promised that the +deputies would be supported by the infantry and cavalry. During October +the state was filled with deputy marshals, agents of the Department of +Justice and of the Post-office Department, and Secret Service men, most of +them in disguise, searching for opportunities to arrest whites. Most of +these men were of the lowest class, since only men of that kind would do +the work required of them. The deputies were appointed, ten to twenty-five +in each county, by Marshal Healy on the recommendation of the officials of +the Republican party. Charles E. Mayer of Mobile, chairman of the +Republican executive committee, nominated and secured the appointment of +217 deputy marshals, vouching for them as good Republicans, all except +four Democrats who were warranted to be "mild, _i.e._ honest." Robert +Barbour of Montgomery and Isaac Heyman of Opelika also nominated +deputies.[2149] + +The marshals did some effective work during October. In Dallas County, +where the Democrats had encouraged a bolting negro candidate with the +intention of purchasing his office from him, the negro bolter and General +John T. Morgan were arrested for violation of the Enforcement Acts.[2150] +In Sumter County, John Little, a negro who had started a negro Democratic +club called the "Independent Thinkers," was arrested and the club was +broken up.[2151] From Eufaula several prominent whites were taken, among +them General Alpheus Baker, J. M. Buford, G. L. Comer, W. H. Courtney, and +E. J. Black.[2152] + +In Livingston, where a Democratic convention was being held in the +court-house, the deputy marshals came in, pretended to search through the +whole room, and finally arrested Renfroe and Bullock, whom, with Chiles, +they handcuffed and paraded about the county, exposing them to insult from +gangs of negroes. The jailer in Sumter County refused to give up the jail +to the use of the deputy marshals and was imprisoned in his own +jail.[2153] About the same time Colonel Wedmore, chairman of the +Democratic county executive committee, was arrested with forty-two other +prominent Democrats, thus almost destroying the party organization in +Sumter County. Though there were three United States commissioners in +Sumter County, Wedmore and others were carried to Mobile for trial before +a United States commissioner there, and, instead of being carried by the +shortest route, they were for political effect taken on a long détour +_via_ Demopolis, Selma, and Montgomery. Those arrested were never tried, +but were released just before or soon after the election.[2154] The whites +were thoroughly intimidated in the black districts, but were not seriously +molested in the white counties. The houses of nearly all the Democrats in +the Black Belt were searched by the deputies and soldiers, and the women +frightened and insulted. The officers of the army were disgusted with the +nature of the work.[2155] + +Such was the intimidation practised by the officials of the Federal +government. The Republican state administration took little part in the +persecutions, because it was weak, because it was not desirous of being +held responsible, and because some of the prominent officials were certain +that the intimidation policy would injure their party. In the white +counties there was considerably less effort to influence the elections. +But by no means was all of the intimidation on the Republican side. In +the counties where the whites were numerous the determination was freely +expressed that the elections were to be carried by the whites. There were +few open threats, very little violence, and none of the kind of +persecution employed by the other side. But the whites had made up their +minds, and the other side knew it, or rather felt it in the air, and were +thereby intimidated. Besides the silent forces of ostracism, etc., already +described, the whites found many other means of influencing the voters on +both sides. Where Radical posters were put up announcing speakers and +principles, the Democrats would tear them down and post instead +caricatures of Spencer, Lewis, Hays, or Rapier, or declarations against +"social equality enforced by law." In white districts some obnoxious +speakers were "rotten-egged," others forbidden to speak and asked to +leave. One Radical speaker complained that whites in numbers came to hear +him, sat on the front seats with guns across their knees, blew tin horns, +and asked him embarrassing questions about "political bacon" and race +equality under the Civil Rights Bill. "Blacklists" of active negro +politicians were kept and the whites warned against employing them; +"pledge meetings" were held in some counties and negroes strenuously +advised to sign the "pledge" to vote for the white man's party. "The +Barbour County Fever" spread over the state. This was a term used for any +process for making life miserable for white Radicals. There was something +like a revival of the Ku Klux Klan in the White Leagues or clubs whose +members were sworn to uphold "white" principles. In many towns these clubs +were organized as military companies. Some of them applied to Governor +Lewis for arms and for enrolment as militia. But he was afraid to organize +any white militia because it might overthrow his administration, and, on +the other hand, he also refused to give arms to negro militia because he +feared race conflicts. By private subscription, often with money from the +North, the white companies were armed and equipped. They drilled regularly +and made long practice marches through the country. They kept the peace, +they made no threats, but their influence was none the less forcible. The +Democratic politicians were opposed to these organizations, but the latter +persisted and several companies went in uniform to Houston's inauguration. +The Republicans found cause for anxiety in the increasing frequency of +Confederate veterans' reunions, and it is said that cavalry companies and +squadrons of ex-Confederates began to drill again, much to the alarm of +the blacks.[2156] In truth, some of the whites were exasperated to the +point where they were about ready to fight again. As one man expressed it: +"The attempt to force upon the country this social equality, miscalled +Civil Rights Bill, may result in another war. The southern people do not +desire to take up arms again, but may be driven to desperation."[2157] + +The feelings of the poorer whites and those who had suffered most from +Radical rule are reflected in the following speeches. A negro who was +canvassing for Rapier, the negro congressman, was told by a white: "You +might as well quit. We have made up our minds to carry the state or kill +half of you negroes on election day. We begged you long enough and have +persuaded you, but you will vote for the Radical party." Another white man +said to negro Republicans, "God damn you, you have voted my land down to +half a dollar an acre, and I wish the last one of you was down in the +bottom of hell."[2158] + +The Democratic campaign was managed by W. L. Bragg, an able organizer, +assisted by a competent staff. The state had not been so thoroughly +canvassed since 1861. The campaign fund was the largest in the history of +the state; every man who was able, and many who were not, contributed; +assistance also came from northern Democrats, and northern capitalists who +had investments in the South or who owned part of the legal bonds of the +state. The election officials were all Radicals and with Federal aid had +absolute control over the election. If inclined to fraud, as in 1868-1872, +they could easily count themselves in, but they clearly understood that no +fraud would be tolerated. To prevent the importation of negroes from +Georgia and Mississippi guards were stationed all around the state. To +prevent "repeating," which had formerly been done by massing the negroes +at the county seat for their first vote and then sending them home to vote +again, the whites made lists of all voters, white and black, kept an +accurate account of all Democratic votes cast, and demanded that the votes +be thus counted. So well did the Democrats know their resources that a +week before the election an estimate of the vote was made that turned out +to be almost exactly correct. In Randolph County, several days before the +election, the Democratic manager reported a certain number of votes for +the Democrats; on election day two votes more than he estimated were cast. + +Tons of campaign literature were distributed mainly by freight, express, +and messengers, the mails having proved unsafe, being in the hands of the +Radicals. For the same reason political messages were sent by telegraph. +Every man who could speak had to "go on the stump." Toward the close of +the campaign a hundred speeches a day were made by speakers sent out from +headquarters. The lawyers did little or no business during October; it is +said that of seventy-five lawyers in Montgomery all but ten were usually +out of the city making speeches.[2159] + + +The Election of 1874 + +The election of 1874 passed off with less violence than was expected; in +fact, it was quieter than any previous campaign. The Democrats were +assured of success and had no desire to lose the fruits of victory on +account of riots and disorder. So the responsible people strained every +nerve to preserve the peace. A regiment of soldiers was scattered +throughout the Black Belt and showed a disposition to neglect the affairs +of the blacks. But here, in the counties where the numerous arrests had +been made, the blacks voted in full strength. In fact, with few +exceptions, both parties voted in full strength, and, as regards the +counting of the votes, it was the fairest election since the negroes began +to vote. There were instances in white counties of negroes being forced to +vote for the Democrats, while in the Black Belt negro Democrats were +mobbed and driven from the polls. But the negro Democrats resorted to +expedients to get in their tickets. In one county where the Democratic +tickets were smooth at the top and the negro tickets perforated, the +Democrats prepared perforated tickets for negro Democrats which went +unquestioned. In other places special tickets were printed for the use of +negro Democrats with the picture of General Grant or of Spencer on them +and these passed the hurried Radical inspection and were cast for the +Democrats. In Marengo County the Democrats purchased a Republican +candidate, who agreed for $300 that he would not be elected. By his "sign +of the button," sent out among the negroes, the latter were instructed to +vote a certain colored ticket which did not conform to law and hence was +not counted. Other candidates agreed not to qualify after election, thus +leaving the appointment to the governor. + +In the Black Belt, now as before, the negroes were marshalled in regiments +of 300 to 1500 under men who wrote orders purporting to be signed by +General Grant, directing the negroes to vote for him. In Greene County +1400 uniformed negroes took possession of the polls, and excluded the few +whites.[2160] A riot in Mobile was brought on by the close supervision +over election affairs, which was objected to by a drunken negro who wanted +to vote twice, and who declared that he wanted "to wade in blood up to his +boot tops." The negro was killed. A conflict at Belmont, where a negro was +killed, and another at Gainesville were probably caused by the endeavor of +the whites to exclude negroes who had been imported from Mississippi. By +rioting the Republicans had everything to gain and the Democrats +everything to lose, and while it is impossible in most cases to ascertain +which party fired the first shot or struck the first blow, the evidence is +clear that the desperate Radical whites encouraged the blacks to violent +conduct in order to cause collisions between the races and thus secure +Federal interference. In Eufaula occurred the most serious riot of the +Reconstruction period that occurred in Alabama. The negroes came armed and +threatening to the polls, which were held by a Republican sheriff and +forty Republican deputies. Judge Keils, a carpet-bagger, had advised the +blacks to come to Eufaula to vote: "You go to town; there are several +troops of Yankees there; these damned Democrats won't shoot a frog. You +come armed and do as you please." The Democrats were glad to have the +troops, who were disgusted with the intimidation work of the previous +month. Order was kept until a negro tried to vote the Democratic ticket +and was discovered and mobbed by other blacks. The whites tried to protect +him and some negro fired a shot. Then the riot began. The few whites were +heavily armed and the negroes also. The deputies, it was said, lost their +heads and fired indiscriminately. When the fight was over it was found +that ten whites were wounded, and four negroes killed and sixty wounded. +The Federal troops came leisurely in after it was over, and surrounded +the polls. The course of the Federal troops in Eufaula was much as it was +elsewhere. They camped some distance from the polls, and when their aid +was demanded by the Republicans the captain either directly refused to +interfere, or consulted his orders or his telegrams or his law dictionary. +At last he offered to _notify_ the white men wanted by the marshal to meet +the latter and be arrested. Another commander, who took possession of the +polls in Opelika in order to prevent a riot, was censured by General +McDowell, the department commander. The troops were weary of such work, +and their orders from General McDowell were very vague.[2161] After the +election, as was to be expected, an outcry arose from the Radicals that +the troops had in every case failed to do their duty. + +[Illustration: ELECTION OF 1874 FOR GOVERNOR.] + +When the votes were counted, it appeared that the Democrats had triumphed. +Houston had 107,118 votes to 93,928 for Lewis. Two years before Herndon +(Democrat) had received 81,371 votes to 89,868 for Lewis. The presidential +campaign in 1872 had assisted Lewis. Grant ran far ahead of the Radical +state ticket. The legislature of 1874-1875 was to be composed as follows: +Senate, 13 Republicans (of whom 6 were negroes) and 20 Democrats; House, +40 Republicans (of whom 29 were negroes) and 60 Democrats.[2162] + +The whites were exceedingly pleased with their victory, while the +Republicans took defeat as something expected. There were, of course, the +usual charges of outrage, Ku Kluxism, and the intimidation of the negro +vote, but these were fewer than ever before. There was considerable +complaint that the Federal troops had sided always with the whites in the +election troubles. The Republican leaders knew, of course, that for their +own time at least Alabama was to remain in the hands of the whites. The +blacks were surprisingly indifferent after they discovered that there was +to be no return to slavery, so much so that many whites feared that their +indifference masked some deep-laid scheme against the victors. + +[Illustration: ELECTION OF 1876 FOR GOVERNOR.] + +The heart of the Black Belt still remained under the rule of the +carpet-bagger and the black. The Democratic state executive Committee +considered that enough had been gained for one election, so it ordered +that no whites should contest on technical grounds alone the offices in +those black counties. Other methods gradually gave the Black Belt to the +whites. No Democrat would now go on the bond of a Republican official and +numbers were unable to make bond; their offices thus becoming vacant, the +governor appointed Democrats. Others sold out to the whites, or neglected +to make bond, or made bonds which were later condemned by grand juries. +This resulted in many offices going to the whites, though most of them +were still in the hands of the Republicans.[2163] + +Houston's two terms were devoted to setting affairs in order. The +administration was painfully economical. Not a cent was spent beyond what +was absolutely necessary. Numerous superfluous offices were cut off at +once and salaries reduced. The question of the public debt was settled. To +prevent future interference by Federal authorities the time for state +elections was changed from November, the time of the Federal elections, to +August, and this separation is still in force. The whites now demanded a +new constitution. Their objections to the constitution of 1868 were +numerous: it was forced upon the whites, who had no voice in framing it; +it "reminds us of unparalleled wrongs"; it had not secured good +government; it was a patchwork unsuited to the needs of the state; it had +wrecked the credit of the state by allowing the indorsement of private +corporations; it provided for a costly administration, especially for a +complicated and unworkable school system which had destroyed the schools; +there was no power of expansion for the judiciary; and above all, it was +not legally adopted.[2164] + +The Republicans declared against a new constitution as meant to destroy +the school system, provide imprisonment for debt, abolish exemption from +taxation, disfranchise and otherwise degrade the blacks. By a vote of +77,763 to 59,928, a convention was ordered by the people, and to it were +elected 80 Democrats, 12 Republicans, and 7 Independents. A new +constitution was framed and adopted in 1875.[2165] + + +Later Phases of State Politics + +From 1875 to 1889 neither national party was able to control both houses +of Congress. Consequently no "force" legislation could be directed against +the white people of Alabama, who had control and were making secure their +control of the state administration. The black vote was not eliminated, +but gradually fell under the control of the native whites when the +carpet-bagger and scalawag left the Black Belt. In order to gain control +of the black vote, carpet-bag methods were sometimes resorted to, though +there was not as much fraud and violence used as is believed, for the +simple reason that it was not necessary; it was little more difficult now +to make the blacks vote for the Democrats than it had been to make +Republicans of them; the mass of them voted, in both cases, as the +stronger power willed it. The Black Belt came finally into Democratic +control in 1880, when the party leaders ordered the Alabama Republicans to +vote the Greenback ticket. The negroes did not understand the meaning of +the manoeuvre, did not vote in force, and lost their last stronghold. A +few white Republicans and a few black leaders united to maintain the +Republican state organization in order that they might control the +division of spoils coming from the Republican administration at +Washington. Most of them were or became Federal officials within the +state. It was not to their interest that their numbers should increase, +for the shares in the spoils would then be smaller. Success in the +elections was now the last thing desired. + +[Illustration: ELECTION OF 1880 FOR GOVERNOR] + +This clique of office-holders was almost destroyed by the two Democratic +administrations under Cleveland, and has been unhappy under later +Republican administrations; but the Federal administration in the state is +not yet respectable. Dissatisfaction on the part of the genuine +Republicans in the northern counties resulted in the formation of a "Lily +White" faction which demanded that the negro be dropped as a campaign +issue and that an attempt be made to build up a decent white Republican +party. The opposing faction has been called "The Black and Tans," and has +held to the negro. The national party organization and the administration +have refused to recognize the demands of the "Lily Whites"; and it would +be exceedingly embarrassing to go back on the record of the past in regard +to the negro as the basis of the Republican party in the South. In +consequence the growth of a reputable white party has been hindered. + +[Illustration: ELECTION OF 1890 FOR GOVERNOR] + +The Populist movement promised to cause a healthy division of the whites +into two parties. But the tactics of the national Republican organization +in trying to profit by this division, by running in the negroes, resulted +in a close reunion of the discordant whites, the Populists furnishing to +the reunited party some new principles and many new leaders, while the +Democrats furnished the name, traditions, and organization. + +To make possible some sort of division and debate among the whites the +system of primary elections was adopted. In these elections the whites +were able to decide according to the merits of the candidate and the +issues involved. The candidate of the whites chosen in the primaries was +easily elected. This plan had the merit of placing the real contest among +the whites, and there was no danger of race troubles in elections. In the +Black Belt the primary system was legalized and served by its regulations +to confine the election contests to regularly nominated candidates, and +hence to whites, the blacks having lost their organization. + +[Illustration: ELECTION FOR GOVERNOR 1902, UNDER NEW CONSTITUTION] + +The Fourteenth and Fifteenth amendments in their operation gave undue +political influence to the whites of the Black Belt, and this was opposed +by whites of other districts. It also resulted in serious corruption in +elections. There was always danger in the Black Belt that the Republicans, +taking advantage of divisions among the whites, would run in the negroes +again. There were instances when the whites simply counted out the negro +vote or used "shotgun" methods to prevent a return to the intolerable +conditions of Reconstruction. The people grew weary of the eternal "negro +in the woodpile," and a demand arose for a revision of the constitution +in order to eliminate the mass of the negro voters, to do away with +corruption in the elections and to leave the whites free. The conservative +leaders, like Governors Jones and Oates, were rather opposed to a +disfranchising movement. The Black Belt whites were somewhat doubtful, but +the mass of the whites were determined, and the work was done; the stamp +of legality was thus placed upon the long-finished work of necessity, and +the "white man's movement" had reached its logical end.[2166] + + * * * * * + +The mistakes and failures of Reconstruction are clear to all. Whether any +successes were achieved by the Congressional plan has been a matter for +debate. It has been strongly asserted that Reconstruction, though failing +in many important particulars, succeeded in others. The successes claimed +may be summarized as follows: (1) there was no more legislation for the +negro similar to that of 1865-66, that following the Reconstruction being +"infinitely milder"; (2) Reconstruction gave the negroes a civil status +that a century of "restoration" would not have accomplished, for though +the right to vote is a nullity, other undisputed rights of the black are +due to the Reconstruction; the unchangeable organic laws of the state and +of the United States favor negro suffrage, which will come the sooner for +being thus theoretically made possible; (3) Reconstruction prevented the +southern leaders from returning to Washington as irreconcilables, and gave +them troubles enough to keep them busy until a new generation grew up +which accepted the results of war; (4) by organizing the blacks it made +them independent of white control in politics; (5) it gave the negro an +independent church; (6) it gave the negro a right to education and gave to +both races the public school system; (7) it made the negro economically +free and showed that free labor was better than slave labor; (8) it +destroyed the former leaders of the whites and "freed them from the +baleful influence of old political leaders"; in general, as Sumner said, +the ballot to the negro was "a peacemaker, a schoolmaster, a protector," +soon making him a fairly good citizen, and secured peace and order--the +"political hell" through which the whites passed being a necessary +discipline which secured the greatest good to the greatest number.[2167] + +On the other hand, it may be maintained (1) that the intent of the +legislation of 1865-1866 has been entirely misunderstood, that it was +intended on the whole for the benefit of the negro as well as of the +white, and that it has been left permanently off the statute book, not +because the whites have been taught better by Reconstruction, but because +of the amendments which prohibit in theory what has all along been +practised (hence the gross abuses of peonage); (2) that the theoretical +rights of the negro have been no inducement to grant him actual +privileges, and that these theoretical rights have not proven so permanent +as was supposed before the disfranchising movement spread through the +South; (3) that the generation after Reconstruction is more irreconcilable +than the conservative leaders who were put out of politics in +1865-1867--that the latter were willing to give the negro a chance, while +the former, able, radical, and supported by the people, find less and less +place for the negro; (4) that if the blacks were united, so were the +whites, and in each case the advantage may be questioned; (5) that the +value of the negro church is doubtful; (6) that as in politics, so in +education, the negro has no opportunities now that were not freely offered +him in 1865-1866, and the school system is not a product of +Reconstruction, but came near being destroyed by it; (7) that negro free +labor is not as efficient as slave labor was, and the negro as a cotton +producer has lost his supremacy and his economic position is not at all +assured; (8) that the whites have acquired new leaders, but the change has +been on the whole from conservatives to radicals, from friends of the +negro to those indifferent to him. In short, a careful study of conditions +in Alabama since 1865 will not lead one to the conclusion that the black +race in that state has any rights or privileges or advantages that were +not offered by the native whites in 1865-1866. + +For the misgovernment of Reconstruction, the negro, who was in no way to +blame, has been made to suffer, since those who were really responsible +could not be reached; so politically the races are hostile; the Black Belt +has had, until recently, an undue and disturbing influence in white +politics; the Federal official body and the Republican organization in the +state have not been respectable, and the growth of a white Republican +party has been prevented; the whites have for thirty-five years distrusted +and disliked the Federal administration which, until recent years, showed +little disposition to treat them with any consideration;[2168] the rule of +the carpet-bagger, scalawag, and negro, and the methods used to overthrow +that rule, weakened the respect of the people for the ballot, for law, for +government; the estrangement of the races and the social-equality +teachings of the reconstructionists have made it much less safe than in +slavery for whites to reside near negro communities, and the negro is more +exposed to imposition by low whites. + +In recent years there have been many signs of improvement, but only in +proportion as the principles and practices that the white people of the +state understand are those of Reconstruction are rejected or superseded. +To the northern man Reconstruction probably meant and still means +something quite different from what the white man of Alabama understands +by the term. But as the latter understands it, he has accepted none of its +essential principles and intends to accept none of its so-called +successes. + +In destroying all that was old, Reconstruction probably removed some +abuses; from the new order some permanent good must have resulted. But +credit for neither can rightfully be claimed until it can be shown that +those results were impossible under the régime destroyed. + + + + +APPENDIX I + + +PRODUCTION OF COTTON IN ALABAMA. 1860-1900 + + (_a_) Typical black counties with boundaries unchanged. (_b_) Typical + white counties. + + ====================================================================== + COUNTY | 1860 | 1870 | 1880 | 1890 | 1900 + ----------------|----------|----------|----------|----------|--------- + | bales | bales | bales | bales | bales + Autauga | 17,329 | 7,965 | 7,944 | 10,431 | 14,348 + Baker (Chilton) | ---- | 1,360 | 3,534 | 6,233 | 9,932 + Baldwin | 2,172 | 87 | 638 | 1,663 | 531 + Barbour (_a_) | 44,518 | 17,011 | 26,063 | 33,440 | 29,395 + Bibb | 8,303 | 3,973 | 4,843 | 5,216 | 6,535 + Blount (_b_) | 1,071 | 950 | 4,442 | 9,748 | 11,449 + Bullock | ---- | 17,972 | 22,578 | 30,547 | 31,774 + Butler | 13,489 | 5,854 | 11,895 | 18,200 | 21,147 + Calhoun | 11,573 | 3,038 | 10,848 | 11,504 | 11,554 + Chambers | 24,589 | 7,868 | 19,476 | 27,276 | 30,676 + Cherokee (_b_) | 10,562 | 1,807 | 10,777 | 11,870 | 12,767 + Choctaw (_a_) | 17,252 | 6,439 | 9,054 | 13,586 | 13,091 + Clarke (_a_) | 16,225 | 5,713 | 11,097 | 16,380 | 16,594 + Clay (_b_) | ---- | 1,143 | 4,973 | 8,250 | 10,459 + Cleburne (_b_) | ---- | 873 | 3,600 | 5,389 | 5,035 + Coffee (_b_) | 5,294 | 2,004 | 4,788 | 11,791 | 16,747 + Colbert | ---- | 3,936 | 9,012 | 3,956 | 9,234 + Conecuh (_b_) | 6,850 | 1,539 | 4,633 | 8,167 | 9,801 + Coosa | 13,990 | 3,893 | 8,411 | 10,141 | 11,370 + Covington (_b_) | 2,021 | 689 | 1,158 | 2,740 | 5,969 + Crenshaw (_b_) | ---- | 4,638 | 8,173 | 13,442 | 18,909 + Cullman (_b_) | ---- | ---- | 378 | 5,268 | 9,374 + Dale (_b_) | 7,836 | 4,273 | 6,224 | 16,259 | 17,868 + Dallas (_a_) | 63,410 | 24,819 | 33,534 | 42,819 | 48,273 + De Kalb (_b_) | 1,498 | 205 | 2,859 | 4,573 | 9,860 + Elmore (_b_) | ---- | 7,295 | 9,771 | 16,871 | 18,458 + Escambia | ---- | 605 | 94 | 462 | 1,131 + Etowah (_b_) | ---- | 1,383 | 6,571 | 8,482 | 11,651 + Fayette (_b_) | 5,462 | 1,909 | 4,268 | 6,141 | 9,128 + Franklin | 15,592 | 2,072 | 3,603 | 2,669 | 6,047 + Geneva (_b_) | ---- | 420 | 1,112 | 7,158 | 9,813 + Greene (_a_) | 57,858 | 9,910 | 15,811 | 20,901 | 23,681 + Hale | ---- | 18,573 | 18,093 | 28,973 | 28,645 + Henry (_b_) | 13,034 | 7,127 | 12,573 | 23,738 | 27,281 + Jackson (_b_) | 2,713 | 2,339 | 6,235 | 5,358 | 5,602 + Jefferson (_b_) | 4,940 | 1,470 | 5,333 | 4,829 | 7,044 + Lamar (Sanford) | | | | | + (_b_) | ---- | 1,825 | 5,015 | 6,998 | 10,118 + Lauderdale | 11,050 | 5,457 | 9,270 | 5,156 | 9,708 + Lawrence | 15,434 | 9,243 | 13,791 | 9,248 | 12,541 + Lee | ---- | 11,591 | 13,189 | 18,332 | 22,431 + Limestone | 15,115 | 7,319 | 15,724 | 8,093 | 14,887 + Lowndes (_a_) | 53,664 | 18,369 | 29,356 | 40,388 | 39,839 + Macon (_a_) | 41,119 | 11,872 | 14,580 | 19,099 | 20,434 + Madison | 22,119 | 12,180 | 20,679 | 13,150 | 20,842 + Marengo (_a_) | 62,428 | 23,614 | 23,481 | 31,651 | 38,392 + Marion (_b_) | 4,285 | 463 | 2,240 | 4,454 | 6,309 + Marshall (_b_) | 4,931 | 2,340 | 5,358 | 8,118 | 13,318 + Mobile | 440 | 317 | 1 | 24 | 116 + Monroe (_a_) | 18,226 | 6,172 | 10,421 | 15,919 | 17,101 + Montgomery (_a_)| 58,880 | 25,517 | 31,732 | 45,827 | 39,202 + Morgan (_b_) | 6,326 | 4,389 | 6,133 | 6,227 | 9,313 + Perry (_a_) | 44,603 | 13,449 | 21,627 | 24,873 | 29,690 + Pickens (_a_) | 29,843 | 8,263 | 17,283 | 18,904 | 21,485 + Pike (_b_) | 24,527 | 7,192 | 15,136 | 25,879 | 34,757 + Randolph (_b_) | 6,427 | 2,246 | 7,475 | 10,348 | 17,148 + Russell (_a_) | 38,728 | 20,796 | 19,442 | 20,521 | 21,174 + Shelby (_b_) | 6,463 | 2,194 | 6,643 | 7,308 | 10,193 + St. Clair (_b_) | 4,189 | 1,244 | 6,028 | 7,136 | 9,411 + Sumter (_a_) | 36,584 | 11,647 | 22,211 | 25,768 | 31,906 + Talladega | 18,243 | 5,697 | 11,832 | 15,686 | 21,563 + Tallapoosa (_b_)| 17,399 | 5,446 | 14,161 | 20,337 | 24,955 + Tuscaloosa | 26,035 | 6,458 | 11,137 | 13,008 | 20,041 + Walker (_b_) | 2,766 | 928 | 2,754 | 3,211 | 4,746 + Washington | 3,449 | 1,803 | 1,246 | 2,030 | 2,213 + Wilcox (_a_) | 48,749 | 20,095 | 26,745 | 32,582 | 35,005 + Winston (_b_) | 352 | 205 | 568 | 1,464 | 3,686 + |----------|----------|----------|----------|--------- + Totals | 989,955 | 429,482 | 699,654 | 915,210 |1,093,697 + ====================================================================== + + + + +APPENDIX II + + +REGISTRATION OF VOTERS UNDER THE NEW CONSTITUTION + + ============================================== + | MALES OF VOTING |REGISTERED VOTERS + | AGE IN 1900 | IN 1905 + |----------------------------------- + COUNTY | White | Black | White | Black + ----------|--------|--------|--------|-------- + Autauga | 1,524 | 2,311 | 1,554 | 35 + Baldwin | 2,096 | 991 | 1,390 | 206 + Barbour | 2,889 | 4,201 | 2,846 | 46 + Bibb | 2,701 | 1,598 | 2,725 | 59 + Blount | 4,401 | 417 | 3,182 | -- + Bullock | 1,415 | 5,168 | 1,291 | 14 + Butler | 2,766 | 2,617 | 2,739 | 2 + Calhoun | 5,390 | 2,380 | 4,892 | 130 + Chambers | 3,441 | 3,380 | 3,098 | 28 + Cherokee | 3,896 | 702 | 3,004 | 27 + Chilton | 2,852 | 707 | 2,970 | 1 + Choctaw | 1,697 | 1,929 | 1,496 | 29 + Clarke | 2,652 | 3,103 | 2,485 | 158 + Clay | 3,220 | 393 | 3,501 | -- + Cleburne | 2,565 | 181 | 2,280 | -- + Coffee | 3,508 | 996 | 3,334 | -- + Colbert | 2,927 | 2,030 | 2,233 | 22 + Conecuh | 2,110 | 1,608 | 2,079 | 7 + Coosa | 2,338 | 942 | 2,134 | -- + Covington | 2,803 | 786 | 2,857 | 3 + Crenshaw | 3,062 | 1,156 | 2,982 | -- + Cullman | 3,359 | 5 | 4,641 | 4 + Dale | 3,492 | 1,002 | 3,021 | 11 + Dallas | 2,360 | 9,871 | 2,419 | 52 + De Kalb | 4,819 | 226 | 4,388 | -- + Elmore | 3,202 | 2,758 | 3,030 | 54 + Escambia | 1,628 | 821 | 1,676 | 46 + Etowah | 5,140 | 1,031 | 4,186 | 39 + Fayette | 2,698 | 338 | 2,563 | 7 + Franklin | 2,989 | 634 | 2,600 | 12 + Geneva | 3,355 | 981 | 2,873 | 30 + Greene | 852 | 4,344 | 739 | 104 + Hale | 1,358 | 5,370 | 1,362 | 92 + Henry } | 4,904 | 2,933 | 2,072 | -- + Houston } | (new county) | 2,757 | -- + Jackson | 5,939 | 731 | 4,704 | 73 + Jefferson | 21,036 | 18,472 | 18,315 | 352 + Lamar | 2,715 | 592 | 2,356 | 7 + Lauderdale| 4,235 | 1,586 | 3,305 | 76 + Lawrence | 2,761 | 1,426 | 2,367 | 49 + Lee | 2,988 | 3,472 | 2,652 | 12 + Limestone | 2,832 | 2,050 | 2,722 | 28 + Lowndes | 1,121 | 6,455 | 1,085 | 57 + Macon | 1,042 | 3,782 | 917 | 65 + Madison | 5,788 | 4,397 | 4,479 | 112 + Marengo | 2,095 | 6,143 | 2,043 | 302 + Marion | 2,735 | 144 | 2,698 | 25 + Marshall | 4,595 | 333 | 4,251 | -- + Mobile | 7,934 | 7,371 | 7,295 | 193 + Monroe | 2,307 | 2,570 | 2,178 | 40 + Montgomery| 5,087 | 11,429 | 4,995 | 53 + Morgan | 4,987 | 1,713 | 4,506 | 60 + Perry | 1,574 | 5,028 | 1,659 | 90 + Pickens | 2,408 | 2,846 | 2,217 | 111 + Pike | 3,598 | 2,611 | 3,126 | 26 + Randolph | 3,457 | 978 | 3,363 | 13 + Russell | 1,433 | 3,961 | 1,170 | 191 + Shelby | 3,611 | 1,672 | 3,712 | 19 + St. Clair | 3,777 | 712 | 3,340 | 50 + Sumter | 1,391 | 5,304 | 1,244 | 57 + Talladega | 3,934 | 3,814 | 3,303 | 81 + Tallapoosa| 4,185 | 2,056 | 4,166 | 33 + Tuscaloosa| 5,100 | 3,413 | 4,153 | 165 + Walker | 4,582 | 1,351 | 4,894 | 1 + Washington| 1,386 | 1,179 | 1,339 | 53 + Wilcox | 1,686 | 5,967 | 1,522 | 41 + Winston | 1,884 | 3 | 1,833 | 1 + |--------|--------|--------|-------- + Totals |224,212 |181,471 |205,278 | 3,654 + ============================================== + +Number of whites of voting age not registered, estimated at 45,000. + +Number of blacks of voting age not registered, estimated at 190,000. + +Foreign whites of voting age, 8082. + +Number of whites registered but unable to comply with other requirements +for voting, estimated at 60,000. + + + + +INDEX + + + Abolition sentiment in Alabama, 10. + + Agriculture, during the war, 232; + since the war, 710-734. + + Alabama, admitted to Union, 7; + secedes, 36; + readmitted, 547. + + Alabama and Chattanooga Railroad, 591-600. + + American Missionary Association and negro education, 459, 462, 463, 617, + 620. + + Amnesty proclamation of President Johnson, 349; + published by military commanders in Alabama, 409. + + Amusements during the war, 241. + + Andrew, Bishop, and the separation of the Methodist church, 22. + + Anti Ku Klux, 690. + + Anti-slavery sentiment in Alabama, 10. + + Applegate, A. J., lieutenant-governor, 736. + + Army, U. S., and the civic authorities, 410; + in conflict with Federal court, 414; + relations with the people, 417-420; + used in elections, 694-701, 746, 756, 789, 794. + + Athens sacked by Colonel Turchin, 63. + + + Bacon used to influence elections, 785. + + Banks and banking during the war, 162. + + Baptist church, separation of, 22; + declaration in regard to the state of the country, 222; + during Reconstruction, 639; + relations with negroes, 642. + + "Barbour County Fever," 709. + + Bingham, D. H., mentioned, 346, 350, 402; + in convention of 1867, 526; + in Union League, 557. + + Birney, James G., mentioned, 10. + + Black Belt, during slavery, 710; + at the end of the war, 713; + share system in, 722; + decadence of, during Reconstruction, 726. + + "Black Code," or "Black Laws," 378. + + "Black Republican" party arraigned, 20. + + Blockade-running, 183. + + Bonded debt of Alabama, 580-586. + + Bonds, of state, 580; + of counties and towns, 580, 581; + fraudulent issues, 581, 582; + of railroads, 587-607; + fraudulent indorsements, 596-606. + + Boyd, Alexander, killed by Ku Klux, 686. + + Bragg, W. L., Democratic campaign manager, 793. + + Brooks, William M., president of convention of 1861, 28; + letter to President Davis, 112; + advocates limited negro suffrage, 388. + + Brown, John, plans negro uprising in Alabama, 18. + + Buchanan, Admiral Franklin, at battle of Mobile Bay, 69. + + Buck, A. E., carpet-bagger, in convention of 1867, 518; + elected to Congress, 750. + + Buckley, C. W., carpet-bagger, agent of Freedmen's Bureau, 426, 437, + 440, 448, 458; + in convention of 1867, 518; + elected to Congress, 737; + on Ku Klux Committee, 702; + sides with the Robinson faction, 774. + + Bulger, M. J., in secession convention, 29, 31, 33, 38; + candidate for governor, 372; + in politics, 513. + + Busteed, Richard, Federal judge, on Fourteenth Amendment, 394; + in Radical politics, 511, 744, 774. + + Byrd, William M., "Union" leader, 15. + + + Calhoun Democrats, 11. + + Callis, John B., carpet-bagger, agent of Freedmen's Bureau, 426; + in Union League, 557; + elected to Congress, 738. + + Campaign, of 1867, 503-516; + of 1868, 493, 747; + of 1870, 751; + of 1872, 754; + of 1874, 782-797. + + Carpet-bag and negro rule, 571 _et seq._ + + Carpet-baggers, in convention of 1867, 517, 518, 530; + in Congress, 738, 749, 754, 761. + _See also_ Republicans. + + Chain gang abolished, 393. + + Charleston convention of 1860, 18. + + Churches, separation of, 21-24; + during the war, 222; + seized by the Federal army and the northern churches, 227; + condition after the war, 325, 326; + attitude toward negro education and religion, 225, 457, 641; + during Reconstruction, 636-652. + + Civil Rights Bill of 1866, 393. + + Civil War in Alabama, 61-78; + seizure of the forts, 61; + operations in north Alabama, 62; + Streight's Raid, 67; + Rousseau's Raid, 68; + operations in south Alabama, 69; + Wilson's Raid, 71; + destruction by the armies, 74. + + Clanton, Gen. James H., organizes opposition to Radicals, 508, 512; + on negro education, 625, 630; + on the religious situation, 638. + + Clay, Senator C. C., speech on withdrawal from U. S. Senate, 25; + arrested by Federals, 262. + + Clayton, Judge Henry D., charge to the Pike County grand jury on the + negro question, 385. + + Clemens, Jere (or Jeremiah), in secession convention, 29, 34, 47; + mentioned, 64, 111; + deserter, 125, 127, 143; + advocates Reconstruction, 125, 144, 145. + + Clews & Company, financial agents, 592, 596, 597. + + Cloud, N. B., superintendent of public instruction, 610-632. + + Cobb, W. R. W., "Union" leader, 16; + disloyal to Confederacy, 139. + + Colleges during the war, 212. + + Colonies of negroes, 421, 444. + + Color line in politics, 779. + + Commercial conventions, 25. + + Commissioners sent to southern states, 46, 48. + + Composition of population of Alabama, 3, 4. + + Concentration camps of negroes, 421, 422, 444. + + "Condition of Affairs in the South," 311. + + Confederate property confiscated, 285. + + Confederate States, established, 39-42; + Congress of, 130; + enrolment laws, 92, 98; + finance in Alabama, 162-183. + + Confederate text-books, 217. + + Confiscation, proposed in secession convention, 48; + by United States, 284 _et seq._; + frauds, 284, 290; + of cotton, 290; + of lands, 425; + supports Freedmen's Bureau, 431; + belief of negroes in, 446, 447; + for taxes, 578. + + Congress, C. S., Alabama delegation to, 130. + + Congress, U. S., rejects Johnson's plan, 377, 405; + imposes new conditions, 391; + forces carpet-bag government on Alabama, 547-552; + members of, from Alabama, 737, 749, 754, 761. + + "Conquered province" theory of Reconstruction, 339. + + Conscription, 92-108; + enrolment laws, 92-98; + trouble between state and Confederate authorities, 96-98. + + Conservative party, 398, 401, 512. + _See also_ Democratic party. + + Constitution, of 1865, 366, 367; + of 1868, 535, + vote on, 538, + rejected, 541; + imposed by Congress, 547-552, 797; + of 1875, 797; + of 1902, 800. + + Contraband trade, 189. + + "Convention" candidates in 1868, 493, 530. + + Convention, of 1861, 27; + of 1865, 359; + of 1867, 491, 517; + of 1875, 797. + + Coöperationists, 28; + policy of, in secession convention, 30; + speeches of, 32 _et seq._ + + "Cotton is King," 184. + + Cotton, exported through the lines, 187, 191-193; + confiscated, 290 _et seq._; + agents prosecuted for stealing, 297, 413; + cotton tax, 303; + production of, in Alabama, 710-734, 804. + + County and local officials during Reconstruction, 742, 743, 753, 761, + 796. + + County and town debts, 580, 581, 604, 605. + + Crowe, J. R., one of the founders of Ku Klux Klan, 661. + + Curry, J. L., M., in Confederate Congress, 131; + defeated, 134; + on negro education, 457, 467, 468, 625, 631. + + + Dargan, E. S., in secession convention, 29, 40, 41; + on impressment, 175. + + Davis, Nicholas, in Nashville convention, 14; + in secession convention, 29, 33, 38, 54; + in Radical politics, 403, 511; + opposed by Union League, 564; + opinion of Rev. A. S. Lakin, 612. + + "Deadfalls," 769. + + Debt commission, work of, 583-586. + + Debt of Alabama, 580-586. + + Democratic party, ante-bellum, 7 _et seq._; + reorganized, 398, 401; + during Reconstruction, 748, 750, 755, 778; + Populist influence, 799. + + Department of Negro Affairs, 421. + + Deserters, 112-130; + outrages by, 119; + prominent men, 124; + numbers, 127. + + Destitution, during the war, 196-205; + after the war, 277. + + Destruction of property, 74, 253. + + Disaffection toward the Confederacy, 108-130, 136, 137. + + Disfranchisement of whites, 489, 524, 806; + of negroes, 801, 806. + + "Disintegration and absorption" policy of the northern churches, 636. + + Domestic life during the war, 230-247. + + Drugs and medicines, 239. + + + Economic and social conditions, 1861-1865, 149-247; + in 1865, 251; + during Reconstruction, 710-734, 761-770. + + Education, during the war, 212; + during Reconstruction, 579, 606-632, 684; + discussion of, in convention of 1867, 522; + of the negro, 456-468, 624. + + Election, of Lincoln, 19, 20; + of 1861, 131; + of 1863, 134; + of 1865, 373-375; + of 1867, 491; + of 1868, 493, 747; + of 1870, 750; + of 1872, 754; + of 1874, 793; + of 1876, 796; + of 1880, 798; + of 1890, 799; + of 1902, 800. + + Election methods, 748, 751, 754, 755. + _See also_ Union League. + + Emancipation, economic effects of, 710-734. + + Emigration of whites from Alabama, 769. + + Enforcement laws, state, 695; + Federal, 697. + + Enrolment of soldiers from Alabama, 78-87; + laws relating to, 92, 95. + + Episcopal church, divided, 24; + closed by the Federal army, 325; + loses its negro members, 646. + + Eufaula riot, 794. + + Eutaw riot, 686. + + Exemption from military service, 101-108; + numbers exempted, 107. + + Expenditures of the Reconstruction régime, 574, 575, 577. + + + Factories during the war, 149-162. + + Farms and plantations during the war, 232. + + Federal army closes churches, 226. + + Federal courts and the army, 413. + + Finances during the war, 162-183; + banks and banking, 162; + bonds and notes, 164; + salaries, 168; + taxation, 169; + impressment, 174; + debts, stay laws, sequestration, 176; + trade, barter, prices, 178; + during Reconstruction, 571-606. + + Financial settlement, 1874-1876, 583-586. + + Fitzpatrick, Benjamin, in Nashville convention, 14; + arrested, 262; + president of convention of 1865, 360. + + Florida, negotiations for purchase of West Florida, 577. + + Force laws, state and Federal, 695, 697. + + "Forfeited rights" theory of Reconstruction, 341. + + Forsyth, John, on Fourteenth Amendment, 394; + mayor of Mobile, 430. + + "Forty acres and a mule," 447, 515. + + Fourteenth Amendment, proposed, 394; + rejected, 396, 397; + adopted by reconstructed legislature, 552. + + Fowler, W. H., estimates of number of soldiers from Alabama, 78, 81. + + Freedmen, _see_ Negroes. + + Freedmen's aid societies, 459. + + Freedmen's Bureau, 392, 421-470; + organization of, in Alabama, 423-427; + supported by confiscations, 431; + character of agents of, 448; + native officials of, 428, 429; + relations with the civil authorities, 427; + administration of justice, 438-441; + the labor problem, 433-438; + care of the sick, 441; + issue of rations, 442; + demoralization caused, 444; + effect on negro education, 456-468; + connection with the Union League, 557, 567, 568. + + Freedmen's codes, 378. + + "Freedmen's Home Colonies," 422, 439, 444. + + Freedmen's Savings-bank, 451-455; + bank book, 452; + good effect of, 453; + failure, 455. + + + General officers from Alabama in the Confederate service, 85. + + Giers, J. J., tory, 119, 147. + + Gordon, Gen. John B., speech on negro education, 625. + + Grant, Gen. U. S., letter on condition of the South, 311; + elected President, 747; + orders troops to Alabama, 789. + + + Haughey, Thomas, scalawag, deserter, elected to Congress, 488. + + Hayden, Gen. Julius, in charge of Freedmen's Bureau, 426. + + Hays, Charles, scalawag, in Eutaw riot, 686; + member of Congress, 749, 754; + letter to Senator Joseph Hawley on outrages in Alabama, 786-788. + + Herndon, Thomas H., candidate for governor, 754. + + Hilliard, Henry W., "Union" leader, 15. + + Hodgson, Joseph, mentioned, 512; + superintendent of public instruction, 631. + + Home life during the war, 230-247. + + Houston, George S., "Union" leader, 16; + elected to U. S. Senate, 374; + on Debt Commission, 582; + elected governor, 782, 795. + + Humphreys, D. C., deserter, 126, 143, 350. + + Huntsville parade of Ku Klux Klan, 686. + + + Immigration to Alabama, 321, 717, 734; + not desired by Radicals, 769. + + Impressment by Confederate authorities, 174. + + "Independents" in 1874, 781. + + Indian question and nullification, 8, 9. + + Indorsement of railroad bonds, 596-606. + + Industrial development during the war, 149-162, 234; + military industries, 149; + private enterprises, 156. + + Industrial reconstruction, 710-734, 804. + + Intimidation, by Federal authorities, 789; + by Democrats, 791. + + "Iron-clad" test oath, 369. + + + Jemison, Robert, in secession convention, 28, 29, 40, 49, 54; + elected to Confederate Senate, 134. + + Johnson, President Andrew, plan of restoration, 337; + amnesty proclamation, 349; + grants pardons, 356, 410; + interferes with provisional governments, 375, 419; + his work rejected by Congress, 377, 405, 406. + + Joint Committee on Reconstruction, report on affairs in the South, 313. + + Jones, Capt. C. ap R., at the Selma arsenal, 152. + + Juries, of both races ordered by Pope, 480; + during Reconstruction, 745. + + + Keffer, John C., mentioned, 506, 518, 524, 554, 737, 751. + + Kelly, Judge, in Mobile riot, 481, 509. + + "King Cotton," confidence in, 184. + + Knights of the White Camelia, 669, 684. + _See also_ Ku Klux Klan. + + Ku Klux Klan, causes, 653; + origin and growth, 660; + disguises, 675; + warnings, 678; + parade at Huntsville, 685; + Cross Plains or Patona affair, 685; + drives carpet-baggers from the State University, 612-615; + burns negro schoolhouses, 628; + table of alleged outrages, 705; + Ku Klux investigation, 701; + results of the Ku Klux revolution, 674. + + + Labor laws, 380, 381. + + Labor of negroes and whites compared, 710-734. + + Labor regulations of Freedmen's Bureau, 433-438. + + Lakin, Rev. A. S., Northern Methodist missionary, 637, 639, 648, 650; + in Union League, 557; + elected president of State University, 612; + Davis's opinion of, 612. + + Lands confiscated for taxes, 578. + + Lane, George W., Unionist, Federal judge, 125, 127. + + Lawlessness in 1865, 262. + + Legislation, by convention of 1861, 49; + of 1865, 366; + of 1867, 528; + about freedmen, 379. + + Legislature during Reconstruction, 738-741, 752, 755-795. + + Lewis, D. P., in secession convention, 29; + deserter, 126; + repudiates Union League, 563; + elected governor in 1872, 754. + + Life, loss of, in war, 251. + + Lincoln, effect of election of, 20; + his plan of Reconstruction, 336. + + Lindsay, R. B., taxation under, 573-576; + action on railroad bonds, 594-600; + elected governor, 1870, 751. + + Literary activity during the war, 211. + + Loss of life and property, 251. + + "Loyalists," during the war, 112, 113; + after the war, 316. + + + McKinstry, Alexander, lieutenant-governor, assists to elect Spencer, + 756-760. + + McTyeire, Bishop H. N., on negro education, 457, 467. + + Meade, Gen. George G., in command of Third Military District, 493; + his administration, 493-502; + installs the reconstructed government, 552. + + Medicines and drugs in war time, 239. + + Methodist church, separation, 22; + during Reconstruction, 637; + favors negro education, 648. + + Military commissions, _see_ Military government. + + Military government, 1865-1866, 407-420; + trials by military commissions, 413-415; + objections to, 416-417. + + Military government under the Reconstruction Acts, 473-502; + Pope's administration, 473-493; + Meade's administration, 493-502; + control over the civil government, 477, 495; + Pope's trouble with the newspapers, 485; + trials by military commissions, 487, 498. + + Militia system during the Civil War, 88-92; + during Reconstruction, 746. + + Miller, C. A., carpet-bagger, agent of the Freedmen's Bureau, 425, 426; + in convention of 1867, 518; + elected secretary of state, 737. + + Mitchell, Gen. O. M., 62-65. + + Mobile Bay, battle of, 69. + + Mobile riot, 481, 509. + + Mobile schools during Reconstruction, 617. + + Moore, A. B., governor, calls secession convention, 27; + orders forts seized, 61; + objects to blockade-running, 184; + arrested by Federal authorities, 262. + + Morgan, John T., in secession convention, 29, 40, 42, 49. + + Morse, Joshua, scalawag, attorney-general, 737. + + Mossbacks, tories, and unionists, 112, 113; + numbers, 127. + + + Nashville convention of 1850, 14. + + "National Guards," a negro organization, 774. + + National Union movement, 400, 401. + + Negro Affairs, Department of, 421. + _See also_ Freedmen's Bureau. + + Negro criminality, 762, 763; + negro labor, 710-734; + family relations, 763; + church in politics, 777; + women in politics, 776. + + Negro education, favored by southern whites, 457, 626, 627; + native white teachers, 463; + Freedmen's Bureau teaching, 456-468; + opposition to, 628; + character of, 464, 465, 625-630. + + Negroes during the war, 205-212; + in the army, 86, 87, 205; + on the farms, 209; + fidelity of, 210; + in the churches, 225; + home life, 243. + + Negroes under the provisional government, test their freedom, 269; + suffering among them, 273; + colonies of, 421, 444; + civil status of, 383, 384; + insurrection feared, 368, 412; + not to be arrested by civil authorities, 411; + attitude of army to, 410-413; + negro suffrage in 1866, 386. + + Negroes during Reconstruction, controlled by the Union League, 553-568; + first vote, 514; + in the convention of 1867, 518, 521, 530; + in the campaign of 1874, 775, 776; + negro Democrats, 777, 778; + punished by Ku Klux Klan, 682; + negro juries, 480, 745; + disfranchised, 801, 806. + + Negroes, social rights of, allowed in street cars, 393; + not allowed at hotel table, 417; + demand social privileges, 522, 764, 780, 783. + + Negroes and the churches, 642, 777. + + Newspapers, during the war, 218; + under Pope's administration, 485. + + Nick-a-Jack, a proposed new state, 111. + + Nitre making, 152. + + Non-slaveholders uphold slavery, 10, 11. + + Norris, B. W., carpet-bagger, agent Freedmen's Bureau, 426; + elected to Congress, 738. + + North Alabama, anti-slavery sentiment in, 10; + in secession convention, 53; + during the Civil War, 109; + during Reconstruction, 403, 404, 748, 770, 779. + + Northern men, treatment of, 318, 400. + + Nullification, on Indian question, 8, 9; + divides the Democratic party, 11. + + + Oath, "iron-clad," 369; + prescribed for voters, 475, 527. + + Ordinance of Secession, 36, 37; + declared null and void, 360. + + + Painted stakes sold to negroes, 448. + + Pardons by President Johnson, 356, 410. + + Parsons, L. E., obstructionist and "Peace Society" man, 143, 147, 343; + provisional governor, 350, 353; + elected to U. S. Senate, 374; + speaks in the North, 392, 401; + advises rejection of Fourteenth Amendment, 396; + originates "White Man's Movement," 536; + Radical politician, 735, 751, 755-760. + + Parties in the Convention of 1861, 28; + of 1865, 359. + + Patona, or Cross Plains, affair, 686. + + Patton, R. M., mentioned, 281; + elected governor, 373; + vetoes legislation for blacks, 378, 379; + on the Fourteenth Amendment, 395-397; + advises Congressional Reconstruction, 502. + + Peace Society, 137-143. + + Pike County grand jury, Judge Clayton's charge to, 384. + + "Pike County Platform," 781. + + "Political bacon," 783-785. + + Political beliefs of early settlers, 7. + + Politics, during the war, 130-148; + 1865-1867, 398; + 1868-1874, 735 _et seq._ + + Pope, General John, in command of Third Military District, 473-475; + his administration, 473-493; + quarrel with the newspapers, 485; + removed, 492. + + Population, composition of, 3, 4. + + Populist movement, 799. + + Presbyterian church, separation, 22, 23, 24; + during Reconstruction, 640; + attitude toward negroes, 645. + + Prescript of Ku Klux Klan, 664, 665. + + President's plan of reconstruction, 333 _et seq._; + rejected by Congress, 377; + fails, 405, 406. + + Prices during the war, 178. + + Property, lost in war, 251; + decreases in value during Reconstruction, 578. + + Provisional government, 351, 376. + + Pryor, Roger A., debate with Yancey, 17. + + Public bonded debt, 580-586. + + Publishing-houses during the war, 221. + + + Race question, in convention of 1867, 521; + in the campaign of 1874, 679-782. + + Races, segregation of, _see maps in text_. + + Radical party organized, 505. + _See also_ Republican party. + + Railroad legislation and frauds, 587-606. + + Railroads aided by state, counties, and towns during Reconstruction, + 591-606. + + Railroads, built during the war, 155; + destroyed, 259. + + Randolph, Ryland, a member of Ku Klux Klan, 612, 667, 668; + expelled from legislature, 741. + + Rapier, J. T., negro member of Congress, mentioned, 488, 521, 523, 524; + supports Robinson-Buckley faction, 774. + + Rations issued by Freedmen's Bureau, 442, 445. + + Reconstruction, sentiment during the war, 143-148; + theories of, 333-339; + early attempts at, 341; + Reconstruction Acts, 473-475, 490; + Reconstruction Convention, 491, 517-530; + constitution rejected, 494; + completed by Congress, 531, 550-552; + its successes and failures, 801. + + Reconstruction, and education, 606-632; + and the churches, 637-653. + + Registration of voters, 488, 491, 493. + + Regulators, _see_ Ku Klux Klan. + + Reid, Dr. G. P. L., on Knights of the White Camelia, 684. + + Religious conditions, during the war, 222-230; + in 1865, 324; + during Reconstruction, 637-653. + + Republican party in Alabama, organized, 402-405; + numbers, 735, 765; + in the legislature, 738, 752, 755; + divisions in, 771, 775; + "Lily Whites" and "Black and Tans," 799. + + "Restoration," by the President, 349 _et seq._; + convention, 358; + completed, 367; + rejected, 377. + + Restrictions on trade in 1865, 284. + + Riot, at Eufaula, 794; + at Eutaw, 686; + at Mobile, 481, 509. + + Roddy, Gen. P. D., mentioned, 62, 68. + + Roman Catholic church and the negroes, 646. + + Rousseau's Raid, 68. + + + Salt making, 158. + + Sansom, Miss Emma, guides General Forrest, 67. + + Savings-bank, Freedmen's, 451-455. + + Scalawags, in convention of 1867, 518, 529, 530. + _See also_ Republicans. + + Schools, _see_ Education. + + Schurz's report on the condition of the South, 312. + + Secession, 14, 15, 19, 27-57; + convention called, 27, 28; + ordinance passed, 36, 37; + debate on, in 1865, 360. + + Secession convention, parties in, 23, 29; + political theories of members, 34; + slave trade prohibited, 42; + sends commission to Washington, 48; + legislation, 49-53. + + Secessionists, 28; + policy in secession convention, 30. + + Secret societies, _see_ Union League _and_ Ku Klux Klan. + + Segregation of races, 710-734. + _See also the maps in the text._ + + Seibels, J. J., favors coöperation, 15; + obstructionist, 143, 147, 343. + + Sequestration of enemies' property, 176. + + Share system of farming, 723. + + Sheets, C. C., tory, 115, 126; + in convention of 1865, 365; + visited by Ku Klux Klan, 681. + + Shorter, John G., elected governor, 131; + defeated, 134; + arrested by Federal authorities, 262. + + Slaveholders and non-slaveholders, location of, 6. + + Slavery, and politics, 10-14; + upheld by non-slaveholders, 10-11; + abolished, 362. + + Slaves, _see_ Negroes. + + Slave trade prohibited by secession convention, 42. + + Smith, William H., deserter, 350, 510, 534; + a registration official, 488; + first Reconstruction governor, 735; + indorses railroad bonds, 591, 595, 601; + opinion of Senator Spencer, 692. + + Smith, William R., "Union" leader, 16; + coöperationist leader in secession convention, 29, 33, 43, 49; + candidate for governor, 372; + president of State University, 612. + + Social and economic conditions, during the war, 149-247; + in 1865, 251 _et seq._; + during Reconstruction, 710-734, 761 _et passim_. + + Social effects of Reconstruction, on whites, 767; + on blacks, 761 _et seq._; + on carpet-baggers, 766. + + Social rights for negroes, 523, 772, 775. + + Soldiers from Alabama, numbers, character, organization, 78-87. + + Southern Aid Society, 23. + + "Southern outrages," 399, 555, 786. + + "Southern theory" of Reconstruction, 334. + + "Southern Unionists'" convention, 1866, 402. + + Speed, Joseph H., superintendent of public instruction, 633. + + Spencer, G. E., carpet-bagger, election to U. S. Senate, 737, 755, 760; + Governor Smith's opinion of, 691. + + State Rights Democrats, 11, 12; + led by Yancey, 12, 13. + + "State Suicide" theory of Reconstruction, 338. + + Statistics of cotton frauds, 279. + + Status, of freedmen, 384; + of the provisional government, 376. + + Steedman and Fullerton's report on the Freedmen's Bureau, 449. + + Stevens's plan of Reconstruction, 339. + + Streight, Col. A. D., raids into Alabama, 67. + + Strobach-Robinson division in the Radical party, 774. + + Suffrage for negroes in 1866, 387. + + Sumner's plan of Reconstruction, 338. + + Swayne, Gen. Wager, assistant commissioner of Freedmen's Bureau, 424, + 425; + on the temper of the people, 315; + opinion of the laws relating to freedmen, 379, 380, 384; + fears negro insurrection, 369; + in command of Alabama, 407, 476; + attitude toward civil authorities, 428, 439; + forces negro education, 459; + enters politics, 404, 511; + removed, 492. + + Sykes, F. W., in Radical politics, 510; + elected to U. S. Senate, 757, 760. + + + Taxation during the war, 169; + during Reconstruction, 571-579; + amounts to confiscation, 578. + + Temper of the people after the war, 308. + + Test oath, iron-clad, 369, 370, 527. + + Text-books, Confederate, 217; + Radical, 624. + + Theories of Reconstruction, 333 _et seq._ + + Third Military District, under the Reconstruction Acts, 473-502. + + Thomas, Gen. G. H., mentioned, 325, 407, 408, 474. + + Tories and deserters, 108-430; + in north Alabama, 109; + definition, 112, 113; + outrages by, 119; + numbers, 127. + + Trade through the lines, 189. + + Treasury agents prosecuted, 297. + + Trials by military commission, 413, 414, 487, 498. + + _Tribune_, of New York, investigates the "Hays-Hawley letter," 788. + + Truman, Benjamin, report on the South, 312. + + Turchin, Col. J. B., allows Athens to be sacked, 63. + + + Underground railway in Alabama, 18. + + Union League of America, 553-568; + white members, 556; + negroes admitted, 557; + ceremonies, 559; + organization and method, 561; + influence over negroes, 568; + control over elections, 514, 515; + resolutions of Alabama Council, 307. + + Union troops from Alabama, 87. + + Unionists, tories, mossbacks, 112, 113. + + University of Alabama under the Reconstruction régime, 612. + + + Wages of freedmen, 422, 433, 720, 731. + + Walker, L. P., in Nashville convention, 14; + at Charleston convention, 18; + on negro suffrage, 389. + + Wards of the nation, 421-470. + + Warner, Willard, carpet-bagger, elected to U. S. Senate, 737. + + Watts, Thomas H., "Union" leader, 15; + in secession convention, 29, 35, 45, 48; + defeated for governor, 131; + elected, 134; + supports the Confederacy, 135; + troubles over militia with conscript officials, 91, 97, 104; + favors blockade-running, 185; + speech in 1865, 341; + arrested by Federal authorities, 262. + + Whig party, appears, 11; + its progress on the slavery question, 12; + breaks up, 16, 17. + + White Brotherhood, 708. + + White Camelia, 670. + + White counties, agriculture in, 727; + destitution in, 196-205; + politics in, _see maps_. + + White labor superior to negro labor, 726. + + White League, 709. + + "White Man's Government," 364. + + "White man's party," 536, 778, 779. + + Wilmer, Bishop R. H., 24; + trouble with military authorities, 325-329; + suspended, 325. + + Wilson's Raid, 71. + + Women, interest in public questions, 230. + + _Women's Gunboat_, 245. + + + Yancey, William Lowndes, leader of State Rights Democrats, 12, 13; + author of Alabama Platform of 1848, 13; + advocates secession, 14, 15; + debate with Roger A. Pryor, 17; + offered nomination for vice-presidency, 19; + in secession convention, 29, 31, 36, 39, 44, 46, 57. + + + + +FOOTNOTES: + +[1] NATIVITIES OF THE FREE POPULATION + + STATE OR COUNTRY 1850 1860 + + Alabama 237,542 320,026 + Connecticut 91 343 + Florida 1,060 1,644 + Georgia 58,997 83,517 + Kentucky 2,694 1,966 + Louisiana 628 1,149 + Maine 215 272 + Maryland 757 683 + Massachusetts 654 753 + Mississippi 2,852 4,848 + New York 1,443 1,848 + North Carolina 28,521 23,504 + Ohio 276 265 + Pennsylvania 876 989 + South Carolina 48,663 45,185 + Tennessee 22,541 19,139 + Virginia 10,387 7,598 + England 941 1,174 + France 503 359 + Germany 1,068 2,601 + Ireland 2,639 5,664 + Scotland 584 696 + Spain 163 157 + Switzerland 113 138 + + TOTALS 1850 1860 + + Native 420,032 526,769 + Foreign 7,638 12,352 + +The total population from 1820 to 1860 was as follows:-- + + WHITE BLACK + + 1820 85,451 41,879 + 1830 190,406 117,549 + 1840 335,185 253,532 + 1850 426,514 342,844 + 1860 526,271 435,080 + + +[2] Hundly, "Social Relations"; Hodgson, "Cradle of the Confederacy," Ch. +1; Garrett, "Reminiscences," Ch. 1; Miller's and Brown's "Histories of +Alabama," _passim_; Saunders, "Early Settlers," _passim_. From 1840 to +1860 there was a slight sectional and political division between the +counties of north Alabama and those of central and south Alabama, owing to +the conflicting interests of the two sections and to the lack of +communication. By 1860 this was tending to become a social division +between the white counties and the black counties. The division to some +extent still exists. + +[3] In all studies of the sectional spirit it should be remembered that +the Southwest was settled somewhat in spite of the Washington government +and without the protection of the United States army; the reverse is true +of the Northwest. + +[4] Hodgson, "Cradle of the Confederacy," Chs. 2, 4, 6, 8; DuBose, "Life +of William L. Yancey"; Phillips, "Georgia and State Rights," Chs. 2, 3; +Pickett, "Alabama," Owen's edition. + +[5] In 1832 there were eight emancipation societies in north Alabama: The +State Society, Courtland, Lagrange, Tuscumbia, Florence, Madison County, +Athens, and Lincoln. Publications, Southern History Association, Vol. II, +pp. 92, 93. + +[6] See Hodgson, p. 7. In 1842 representation in the legislature was +changed from the "federal" basis and based on white population alone. This +change was made by the Democrats and was opposed by the Whigs. The latter +predominated in the Black Belt. + +[7] Hodgson, Ch. 1; Debates of Convention of 1861, _passim_. + +[8] Miller, "Alabama," p. 123. + +[9] Known as the "Alabama Platform" of 1848. + +[10] Benjamin Fitzpatrick led the conservative element of the Democratic +party and opposed Yancey. + +[11] This division in the State Rights ranks existed until secession was +actually achieved and even after. + +[12] Each extreme southern state--Texas, Mississippi, Alabama, and South +Carolina--showed a desire to have some more moderate state act first. Some +prominent men in this convention were Yancey, Seibels, Thomas Williams, +John A. Elmore, B. F. Saffold, Abram Martin, A. P. Bagley, Adam C. Felder, +David Clopton, and George Goldthwaite, nearly all South Carolinians by +birth. + +[13] A dodging of the question. + +[14] For an account of one of these, see the _American Historical Review_, +Oct., 1900. + +[15] General Pryor informs me that at the convention of 1858 no one +understood that there was any desire on the part of Yancey and others to +reopen the slave trade. They recognized that the rest of the world was +against them on that question and were demanding simply a repeal of what +they considered discriminating laws. Yancey compared the question to that +of the tea tax in the American colonies. See also Hodgson, p. 371, and +Yancey's speeches in Smith's "Debates of 1861." + +[16] A branch of the Underground Railway reached from Ohio as far into +Alabama as Tallapoosa County. Kagi, one of Brown's confederates, had +marked out a chain of black counties where he had travelled and where the +negroes were expected to rise. He had travelled through South Carolina, +Georgia, Alabama, and Mississippi. Russell County, Alabama, was one of +those marked on his map. The people were greatly alarmed when the map was +discovered. See Seibert's "Underground Railroad," pp. 119, 160, 167, 195; +Hinton, "John Brown"; Hague, "Blockaded Family." As early as 1835 +incendiary literature had been scattered among the Alabama slaves, and in +that year the grand jury of Tuscaloosa County indicted Robert G. Williams +of New York for sending such printed matter among the slaves. General +Gayle demanded that he be sent to Alabama for trial, but Governor Marcy +refused to give him up. See Brown's "Alabama," p. 167, and _Gulf States +Hist. Mag._, July, 1903. + +[17] Afterwards Confederate Secretary of War. + +[18] Yancey was willing to disregard instructions and not withdraw; the +rest of the delegation overruled him. See paper by Petrie in Transactions +Ala. Hist. Soc., Vol. IV. + +[19] Hodgson, Ch. 15. + +[20] Acts of Alabama (1859-1860), pp. 689-690; Smith's "Debates," pp. 10, +11. + +[21] Acts of Alabama (1859-1860), pp. 681-682; Senate Journal (1859-1860), +pp. 147, 176, 293, 302. + +[22] During this session Judge Sam. Rice, in reply to John Forsyth and +others who feared that secession would lead to war, said: "There will be +no war. But if there should be, we can whip the Yankees with popguns." +After the war, when he had turned "scalawag," he was taken to task for the +speech. "You said we could whip the Yankees with popguns." "Yes,--but the +damned rascals wouldn't fight that way." + +[23] The popular vote in Alabama was: for Breckenridge, 48,831; for +Douglas, 13,621; for Bell, 27,875. + +[24] Many people believed that Hamlin was a mulatto. + +[25] Horace Greeley, "The American Conflict," Vol. I, p. 355. For a +similar meeting in Montgomery, see Hodgson, p. 459 _et seq._ + +[26] See Townsend Collection, Columbia University Library, Vol. I, p. 187. +One poor white man in Tallapoosa County welcomed the election of Lincoln, +for "now the negroes would be freed and white men could get more work and +better pay." Authorities for the political history of Alabama before 1860: +Hodgson's "Cradle of the Confederacy"; Garrett's "Reminiscences of Public +Men of Alabama"; Brewer's "Alabama"; Brown's "History of Alabama"; +Miller's "History of Alabama"; Pickett's "History of Alabama" (Owen's +edition); "Northern Alabama Illustrated"; "Memorial Record of Alabama"; +DuBose's "Life and Times of William L. Yancey"; Hilliard's "Politics and +Pen Pictures and Speeches"; Transactions of Ala. Hist. Soc., Vol. IV, +papers by Yonge, Cozart, Culver, Scott, and Petrie. + +[27] O'Gorman, "History of the Roman Catholic Church in the United +States," p. 425. + +[28] Carroll, "Religious Forces of the United States," p. 306; Thompson, +"History of the Presbyterian Churches in the United States," pp. 41, 135. + +[29] Statistics of Churches, Census of 1890, p. 146; Riley, "History of +the Baptists in the Southern States East of the Mississippi," p. 205 _et +seq._; Newman, "History of the Baptists of the United States," pp. +443-454. + +[30] See Smith, "Life of James Osgood Andrew"; Buckley, "History of +Methodism"; McTyeire, "History of Methodism"; Alexander, "History of the +Methodist Episcopal Church South"; Statistics of Churches, p. 581. + +[31] Statistics of Churches, p. 566. + +[32] Southern Aid Society Reports, 1854-1861. + +[33] Statistics of Churches, p. 684; Carroll, "Religious Forces," pp. 281, +306; Thompson, "History of the Presbyterian Churches," p. 135. + +[34] Thompson, "History of the Presbyterian Churches," p. 155; Johnson, +"History of the Southern Presbyterian Church," pp. 333, 339; McPherson, +"History of the Rebellion," p. 508; "Annual Cyclopædia" (1862), p. 707; +Statistics of Churches, p. 683. + +[35] Carroll, "Religious Forces," pp. 93, 178. + +[36] Annual Cyclopædia (1864), p. 683. + +[37] Wilmer, "Recent Past," p. 248. + +[38] Perry, "History of the American Episcopal Church," Vol. II, p. 328 +_et seq._; McPherson, "History of the Rebellion," p. 515; Whitaker, +"Church in Alabama." + +[39] President of Columbia College (N.Y.) during and after the war. + +[40] Smith, pp. 448-450, condensed. + +[41] Smith, "History and Debates of the Convention of Alabama," 1861, p. +12. My account of the convention is condensed almost entirely from Smith's +"Debates." Smith was a coöperationist member from Tuscaloosa County. He +kept full notes of the proceedings and is impartial in his reports of +speeches. Almost the entire edition of the "Debates" was destroyed by fire +in 1861. Hodgson, "Cradle of the Confederacy," and DuBose, "Life and Times +of William L. Yancey," both give short accounts of the convention. + +[42] Except Yancey, who declared that the disease preying on the vitals of +the Federal Union was not due to any defect in the Constitution, but to +the heads, hearts, and consciences of the northern people; that no +guarantees, no amendments, could reëducate the northern people on the +slavery question, so as to induce a northern majority to withhold the +exercise of its power in aid of abolition. Governor Moore, in the +commissions given to the ambassadors to the other states, declared that +the peace, honor, and security of the southern states were endangered by +the election of Lincoln, the candidate of a purely sectional party, whose +avowed principles demanded the destruction of slavery. + +[43] It would seem that after this vote no one would say that nearly half +of the members were "Unionists," yet nearly all accounts make this +statement. + +[44] There were many indications that the opposition was more sectional +and personal than political. It is safe to state for north Alabama that +had the Black Belt declared for the Union, that section would have voted +for secession. + +[45] This minority report was signed by Clemens of Madison, Lewis of +Lawrence, Winston of De Kalb, Kimball of Tallapoosa, Watkins of Franklin, +and Jemison of Tuscaloosa, all from north Alabama. + +[46] c.=coöperationist; s.=secessionist; cs.=coöperationist who voted for +secession. + +[47] It was he who compiled the debates of the convention. + +[48] He was the oldest general officer in the Confederate service. + +[49] Constitution, Article I, Section X: "No state shall without the +consent of Congress enter into any agreement or compact with another +state," etc. + +[50] He was here referring indirectly to the action of the state +authorities in seizing the forts at Pensacola and Mobile before secession. + +[51] Clemens was accused of voting for secession in order to obtain the +command of the militia. He had formerly been an army officer, and was now +made major-general of militia. It was not long before he deserted and went +North. + +[52] Who succeeded Yancey in the convention after the latter was sent to +Europe. + +[53] The present (1905) senior U. S. senator from Alabama. + +[54] Bulger of Tallapoosa, Jones and Wilson of Fayette, and Sheets of +Winston voted in the negative. + +[55] See below, Ch. III, sec. 5. + +[56] Coffee was a white county and had very few slaves. + +[57] The commissioners sent to the various states were as follows: +_Virginia_, A. F. Hopkins and F. M. Gilmer; _South Carolina_, John A. +Elmore; _North Carolina_, I. W. Garrott and Robert H. Smith; _Maryland_, +J. L. M. Curry; _Delaware_, David Clopton; _Kentucky_, S. F. Hale; +_Missouri_, William Cooper; _Tennessee_, L. Pope Walker; _Arkansas_, David +Hubbard; _Louisiana_, John A. Winston; _Texas_, J. M. Calhoun; _Florida_, +E. C. Bullock; _Georgia_, John G. Shorter; _Mississippi_, E. W. Pettus. +Only one state, South Carolina, sent a delegate to Alabama. + +[58] It was not until the end of June, 1861, that the United States postal +service was withdrawn and final reports made to the United States. The +Confederate postal service succeeded. At first, the Confederate +Postmaster-General directed the postmasters to continue to report to the +United States. + +[59] This account of the work of the convention is compiled from the +pamphlet ordinances in the Supreme Court Library in Montgomery. + +[60] So Smith, the coöperationist historian, reported. + +[61] See Smith's "Debates"; Hodgson's "Cradle of the Confederacy"; +DuBose's "Yancey"; Wilmer's "Recent Past." + +[62] Gov. A. B. Moore to President Buchanan, Jan. 4, 1861, in O. R. Ser. +I, Vol. I, pp. 327, 328. + +[63] O. R., Ser. IV, Vol. I, p. 89. + +[64] Miller, "History of Alabama," p. 158. + +[65] See D. C. Buell, "Operations in North Alabama," in "Battles and +Leaders of the Civil War," Vol. II, pp. 701-708. + +[66] Miller, p. 160; Brewer, "Alabama," p. 65; Mrs. Clay-Clopton, "A Belle +of the Fifties," Chs. 18-22; O. R., Ser. I, Vol. X, Pt. II, pp. 204, 294, +295, _et passim_. Buell stated that "habitual lawlessness prevailed in a +portion of General Mitchell's command," and that though authority was +granted to punish with death there were no punishments. Discipline was +lost. The officers were engaged in cotton speculation, and Mitchell's +wagon trains were used to haul the cotton for the speculators. Flagrant +crimes, Buell stated, were "condoned or neglected" by Mitchell. "Battles +and Leaders," Vol. II, pp. 705, 706. North Alabama was not important to +the Federals from a strategic point of view, and only the worst +disciplined troops were stationed in that section. + +[67] His real name was Ivan Vasilivitch Turchinoff. Several other officers +were court-martialled at the same time for similar conduct. Keifer, +"Slavery and Four Years of War," Vol. I, p. 277; Miller, p. 160; "Battles +and Leaders," II, p. 706. A former "Union" man declared after the war that +the barbarities of Turchin crushed out the remaining "Union" sentiment in +north Alabama. Ku Klux Rept., Ala. Testimony, p. 850 (Richardson); O. R., +Ser. I, Vols. X and XVI, _passim_; Brewer, "Alabama," pp. 319, 348. +Accounts of eye-witnesses. + +[68] O. R., Ser. I, Vol. X, Pt. II, pp. 204, 294, 295. + +[69] O. R., Ser. I, Vol. X, Pt. II, p. 212. + +[70] O. R., Ser. I, Vol. X, Pt. II, pp. 167, 168, 174 (May, 1862); for +Clemens and Lane, see Ch. III, sec. 4. + +[71] O. R., Ser. I, Vol. X, Pt. II, pp. 290-293. + +[72] Brewer, p. 485, _et passim_; Miller, p. 125; O. R., Ser. I, Vol. +XXXIII, Pt. III, pp. 750-751. + +[73] Gen. D. S. Stanley to Gen. William D. Whipple, Feb., 1865; O. R., +Ser. I, Vol. XLIX, Pt. I, p. 718. + +[74] Clanton's report, March, 1864; O. R., Ser. I, Vol. XXXIII, Pt. III, +p. 718. + +[75] Miller, "Alabama." + +[76] Miller, p. 165. + +[77] Miller, "Alabama"; Brewer, pp. 318, 348. + +[78] Brewer, pp. 284, 383. + +[79] O. R., Ser. I, Vol. XVI, Pt. I, pp. 841, 839; Wyeth, "Life of +Forrest," pp. 111-113. + +[80] O. R., Ser. I, Vol. XXXII, Pt. I, p. 394. + +[81] O. R., Ser. I, Vol. XX, Pt. II, p. 442. + +[82] O. R., Ser. I, Vol. XX, Pt. II, p. 443. + +[83] The Andrews raiders in Georgia were hanged as spies for being dressed +"in the promiscuous southern style." + +[84] Wyeth, "Life of Forrest," pp. 185-222; Mathes, "General Forrest," pp. +109-127; Miller, Ch. 32. + +[85] Brewer, p. 339. + +[86] Miller, p. 213. + +[87] After completion at Selma the _Tennessee_ was taken down the river to +defend Mobile. It was found, even after removing her armament, that the +vessel could not pass the Dog River bar, and timber was cut from the +forests up the river and "camels" made with which to buoy up the heavy +vessel. By accident these camels were burned and more had to be made. At +last the heavy ram was floated over the bar. Of course the newspapers +harshly criticised those in charge of the _Tennessee_. Maclay, "History of +the United States Navy," Vol. II, p. 448. + +[88] Brewer, p. 389; Scharf, "Confederate Navy," Ch. 18; Miller, pp. +205-206. + +[89] Brewer, p. 120; Miller, p. 207. + +[90] Some of the Confederate gunboats were sunk (_Huntsville_ and +_Tuscaloosa_), and Commander Farrand surrendered twelve gunboats in the +Tombigbee. All of these had been built at Mobile, Selma, and in the +Tombigbee. + +[91] Miller, pp. 208, 217-221. + +[92] It was intended that Wilson should raid to and fro all through +central Alabama. His men were armed with repeating carbines; his train of +250 wagons was escorted by 1500 unmounted men who secured mounts as they +went farther into the interior. Greeley, Vol. II, p. 716. + +[93] _N. Y. Herald_, April 6, 1865. + +[94] April 5 Cahaba was captured by a part of Wilson's force and twenty +Federal prisoners released from the military prison at that place. They +reported that they had been well treated.--_N. Y. Herald_, April 29, 1865. + +[95] Wyeth, "Life of Forrest," pp. 606, 607. + +[96] Parsons's Cooper Institute Speech in _N. Y. Times_, Nov. 27, 1865; +Trowbridge, "The South," pp. 435, 440. Accounts of eye-witnesses. + +[97] Trowbridge, "The South," p. 435. + +[98] Hardy, "History of Selma," p. 51; Miller, "Alabama," pp. 221-226; +Parsons, speeches in _N. Y. Times_, Nov. 27, 1865, Apr. 20, 1866; _N. Y +Herald_, May 4, and Apr. 6, 1865; _Montgomery Advertiser_, July 14, 1867; +Wilson's Report, June 29, 1865; _Selma Times_, Feb. 13, 1866; "Our Women +in War Times," p. 277; Greeley, Vol. II, p. 719; Wyeth, "Life of Forrest," +pp. 604-607; "Northern Alabama," p. 655. + +[99] Hardy, "History of Selma," p. 52, says four regiments were organized, +and the others were driven away. + +[100] 125,000 bales, according to Greeley, Vol. II, p. 719. + +[101] The _Advertiser_ of April 18, 1865. + +[102] _N. Y. World_, May 1 and July 18, 1865; _N. Y. Herald_, May 4 and +15, and June 17, 1865; Brewer, p. 512; Greeley, Vol. II, p. 720. + +[103] _N. Y. Daily News_, May 29, 1865; _Century Magazine_, Nov., 1889; +Transactions Ala. Hist. Soc., Vol. IV, p. 449. + +[104] Report, June 29, 1865. + +[105] Somers, "The South Since the War," pp. 134, 135. + +[106] Truman in _N. Y. Times_, Nov. 2, 1865. + +[107] O. R., Ser. I, Vol. III, pp. 230-233. + +[108] See Brewer, "County Notes." + +[109] Brewer, p. 188 _et passim_; Miller, p. 179; O. R., Ser. I, Vol. +XXIII, Pt. I, pp. 245-249. + +[110] Miller, p. 183; Garrett, "Public Men." + +[111] Miller, p. 301. + +[112] Speech at Cooper Institute, Nov. 13, 1865, in _N. Y. Times_, Nov. +27, 1895. + +[113] _N. Y. Herald_, May 4 and 15, 1865; the _World_, May 1, 1865; the +_Times_, April 20, and Nov. 2, 1865; _Montgomery Advertiser_, July 14, +1867; _Selma Times_, Feb. 13, 1866; Wilson's Report, June 29, 1865: Hardy, +"History of Selma," pp. 46, 51. + +[114] "The South," p. 440. + +[115] Hague, "Blockaded Family," _passim_; Riley, "Baptists in Alabama," +pp. 304, 305; "Our Women in the War," p. 275 _et seq._; Riley, "History of +Conecuh County," p. 173. + +[116] Miller, "History of Alabama," p. 359; Brewer, "History of Alabama," +pp. 68, 69; Transactions Ala. Hist. Soc., Vol. II, p. 188. + +[117] Miller, "History of Alabama," p. 360; Colonel Moore's article in the +_Louisville Post_, May 30, 1900. + +[118] Miller, p. 359. + +[119] For other estimates, see Livermore, "Numbers and Losses," and Curry, +"Civil History of the Confederate States," pp. 152, 153. + +[120] O. R., Ser. IV, Vol. III, pp. 102, 103. + +[121] Livermore, "Numbers and Losses," pp. 20, 21. + +[122] Alabama did not succeed in organizing the militia. + +[123] Miller, "Alabama," Appendix; Report of Col. E. D. Blake, Supt. of +Special Registration, in O. R., Ser. IV, Vol. III, pp. 102, 103; Brewer, +"Alabama," see "Regimental Histories." + +[124] O. R., Ser. I, Vol. III, pp. 440, 445; Brewer, "Alabama." Several +commands were equipped at the expense of the commanders; others were +equipped by the communities in which they were raised; one old gentleman, +Joel E. Matthews of Selma, gave his check for $15,000 to the state, +besides paying for the outfitting of several companies of soldiers. +"Northern Alabama Illustrated," p. 661. + +[125] These regiments were the 57th and 61st Infantry, and 7th Cavalry. + +[126] General Lee protested against this practice as preventing the proper +recruitment of the armies. Livermore, "Numbers and Losses in the Civil +War," p. 12. + +[127] The infantry regiments in Lee's army had 12 companies. + +[128] See summary of Confederate legislation on the subject. Livermore, p. +30. The purpose of these laws was to discourage the formation of new +commands. It was not effective in Alabama. + +[129] These were the infantry regiments numbered 3, 4, 5, 6, 8, 9, 10, 11, +12, 13, 14, 15, 41, 44, 48. + +[130] The infantry regiments numbered 9, 11, 44, 48. + +[131] The infantry regiments numbered 43, 47, 49, 61. Brewer, "Regimental +Histories." + +[132] These were the infantry regiments numbered 3, 4, 5, 6, 8, 9, 10, 11, +12, 13, 14, 15, 41, 44, 48. + +[133] When the regiments enlisted for a short time were retained in the +service, the men were allowed to change to other regiments if they +desired, and many did so. These transfers and reënlistments swelled the +total enrolment of popular regiments. + +[134] This has since been the method of estimating the number of soldiers +furnished by Alabama,--each enlistment counting as one man. + +[135] The infantry regiments numbered 20, 23, 28, 31, 34, 37, 42, 55. + +[136] The 23d Infantry. + +[137] The regiments that were united were: 24, 34, and 28; 33 and 38; 32 +and 58; 23 and 46; 7, 39, 22, and 26-50. All were in Johnston's army +except the 32d and 58th, which were in Taylor's command. Some of these +regiments were consolidated after only one year's service; the others +after less than two years. This indicates a low enrolment. Many companies +were never recruited to the minimum. Three infantry regiments were +disbanded after short service,--1, 2 and 7,--and the men reënlisted in +other organizations. + +[138] The 62d, 63d, 65th. A thousand to the regiment is a very liberal +estimate; 500 is probably more nearly correct, I am told by old soldiers. + +[139] Jeff Davis Artillery, Hadaway's Battery, Jeff Davis Legion, 4th +Battalion Infantry, 23d Battalion Infantry. + +[140] The 1st, 3d, 8th, 10th, and 15th Confederate regiments of cavalry +had some companies from Alabama. + +[141] The 6th Infantry. + +[142] Miller, p. 374. + +[143] Brewer evidently follows Fowler, as to the Army of Northern +Virginia. + +[144] Not that this deceived the Confederate administration, but the large +estimates sounded well in the governor's messages, and when there was a +dispute with Richmond about the quota of the state. + +[145] In 1861 and 1862 some regiments enlisted for short terms, some for +three years, some for the war. I have been unable, in more than two or +three cases, to find out the exact term, but there could hardly have been +more than one reënlistment of an organization. + +[146] The 1st, 2d, 7th, 11th, 21st, 25th, 26th-50th, 27th, 29th, 42d, +46th, 54th, 55th, 56th, 58th, 59th, 60th, 62d, 65th. + +[147] The 3d, Russell's 4th, 8th, 9th, 10th, 11th, 12th. + +[148] (_a_) There had been to the end of 1863, 90,857 enlistments in +Alabama. Included in these figures were all reënlistments and transfers. + +(_b_) In the summer of 1863 the state took a census of all males from +sixteen to sixty years of age, a total of 40,500 names. These included +8835, and later 10,000, exempts, and all the cripples and deadheads in the +state. Since this was six months previous to the report of the 90,857 +enlistments, there must have been in the latter number many that were on +the former list. See O. R., Ser. IV, Vol. III, pp. 101-103, 1101. + +[149] West Point graduates, nine. + +[150] Killed in battle, ten. + +[151] Derry, "Story of the Confederate States"; Southern Hist. Soc. +Papers, Vol. VI; Brewer, "Alabama," "Regimental Histories"; Miller, +"History of Alabama," p. 375; Brown, "History of Alabama," pp. 238-254. + +[152] Annual Cyclopædia (1864), p. 7. + +[153] Annual Cyclopædia (1865), p. 10. + +[154] Riley, "Baptists of Alabama," p. 305; O. R., Ser. IV, Vol. III, p. +1193. + +[155] O. R., Ser. IV, Vol I, p. 1088; Vol. II, pp. 94, 197. + +[156] _N. Y. World_, March 12, 1864; "The Land We Love," Vol. II, p. 296. + +[157] Southern Hist. Soc. Papers, Vol. II, p. 61; Shaver, "History of the +Sixtieth Alabama," p. 106; Miller, "History of Alabama," pp. 359, 374; +Brewer, "Alabama," pp. 586-705; "Confederate Military History"--Alabama; +Longstreet, "Manassas to Appomattox"; "Memorial Record of Alabama" +(Wheeler's "Military History"); McMorries, "History of the First Alabama +Regiment." + +[158] Transactions Ala. Hist. Soc., Vol. II, p. 188; also John S. Wise, +"End of an Era"; Longstreet, "Manassas to Appomattox." + +[159] _Montgomery Advertiser_ Almanac (1901), p. 220. + +[160] Report of 1866, Appendix, Pt. I, p. 166. + +[161] Report of the Secretary of War, 1866, Appendix, Pt. I, p. 69; Report +of the Secretary of War (1864-1865), p. 28; Moore, "Rebellion Record," +Vol. VII, p. 45; Miller, p. 360; O. R., Ser. III, Vol. III, pp. 1115, +1190, and Vol. IV, pp. 16, 921, 925, 269, 1270; O. R., Ser. II, Vol. V, +pp. 589, 570, 626, 627, 716, 946, 947; "Confederate Military +History"--Alabama. + +[162] Ku Klux Rept., Ala. Test., p. 592. + +[163] Moore, "Rebellion Record," Supplement. + +[164] The 89th, 94th, 95th, etc. See Moore, "Rebellion Record," +Supplement. The highest number of a militia regiment to be found on the +records was the 102d, in Sumter County. + +[165] See O. R., Ser. I, Vol. XXVI, Pt. II (Shorter to Johnston). + +[166] Moore, "Rebellion Record," Vol. VI; O. R., Ser. IV, Vol. II, pp. +253-256. + +[167] O. R., Ser. I, Vol. XXXIX, Pts. II and III, pp. 780, 855; Ser. IV, +Vol. III, pp. 175, 323. + +[168] Act of General Assembly, Aug. 29, 1863, which seems to have followed +an act of Congress of similar nature. + +[169] O. R., Ser. IV, Vol. III, p. 1133. + +[170] O. R., Ser. IV, Vol. III, pp. 172-174, 256, 376. The state supreme +court held the same view. + +[171] Moore, "Rebellion Record," Vol. VIII, p. 378. + +[172] Acts of General Assembly, Dec. 12, 1864. + +[173] _N. Y. Times_, April 16, 1865; Annual Cyclopædia (1865), p. 10. + +[174] See O. R., General Index. + +[175] The 61st, 62nd, and 65th regiments were thus formed, the men +becoming subject to duty under the conscript act, or by volunteering. + +[176] Act, April 16, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[177] Act, April 21, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[178] Act, Sept. 27, 1862, Pub. Laws, C.S.A., 1st Cong., 2d Sess. + +[179] Act, Oct. 9, 1862, Pub. Laws, C.S.A., 1st Cong., 2d Sess. These +details were still carried on the rolls of the company. + +[180] Act, Oct. 11, 1862, Pub. Laws, C.S.A., 1st Cong., 2d Sess. The +exemption of one white for twenty negroes was called the "twenty-nigger +law." One peaceable Black Belt citizen wished to stay at home, but he +possessed only nineteen negroes. His neighbors thought that he ought to go +to war, and no one would give, lend, or sell him a slave. Unable to +purchase even the smallest negro, he was sadly making preparations to +depart, when one morning he was rejoiced by the welcome news that one of +the negro women had presented her husband with a fine boy. The tale of +twenty negroes was complete, and the master remained at home. + +[181] Act of April 14, 1863, Pub. Laws, C.S.A., 1st Cong., 3d Sess. + +[182] Acts, Dec. 28, 1863, and Jan. 5, 1864, Pub. Laws, C.S.A., 1st Cong., +4th Sess. + +[183] Pub. Laws, C.S.A., 1st Cong., 4th Sess. + +[184] Act, Feb. 17, 1864, Pub. Laws, C.S.A., 1st Cong., 4th Sess. + +[185] Acts, Jan. 31, 1861, 1st Called Session. + +[186] Act, Aug. 29, 1863. + +[187] Nov. 25, 1862. + +[188] Dec. 6, 1862. + +[189] Act, Aug. 29, 1863. + +[190] Dec. 13, 1864. This was a measure of obstruction, since the +Confederate laws did not exempt millers. The legislature elected in 1863 +contained many obstructionists. + +[191] Act, Aug. 29, 1863. + +[192] Resolution, Dec. 4, 1863. + +[193] _Ex parte_ Hill, _In re_ Willis _et al._ _vs._ Confederate +States--38 Alabama Reports (1863), 429. All over the state at various +times men sought to avoid conscription or some certain service under every +pretext, sometimes "even resorting to a _habeas corpus_ before an ignorant +justice of the peace, who had no jurisdiction over such cases." See O. R., +Ser. I, Vol. XXVI, Pt. II, p. 139; also Governor Shorter to General +Johnston. Aug., 1863. + +[194] Dunkards, Quakers, Nazarenes. _In re_ Stringer--38 Alabama (1863), +457. + +[195] 38 Alabama, 458. + +[196] 39 Alabama, 367. + +[197] 39 Alabama, 254. + +[198] 39 Alabama, 457. + +[199] 39 Alabama, 440. + +[200] 39 Alabama, 611. + +[201] 39 Alabama, 609. + +[202] O. R., Ser. IV, Vol. III, pp. 256, 463, _et passim_. + +[203] Memorial, Oct. 7, 1864. + +[204] Acts, Dec. 12, 1864. + +[205] Dec. 13, 1864. + +[206] Curry, "Civil History of the Confederate States," p. 151. + +[207] The Conscript Bureau had posts at the following places: Decatur, +Courtland, Somerville, Guntersville, Tuscumbia, Fayetteville, Pikeville, +Camden, Montgomery, Selma, Lebanon, Pollard, Troy, Mobile, West Point +(Ga.), Marion, Greensborough, Blountsville, Livingston, Gadsden, Cedar +Bluff, Jacksonville, Ashville, Carrollton, Tuscaloosa, Eutaw, Eufaula, +Jasper, Newton, Clarksville, Talladega, Elyton. O. R., Ser. IV, Vol. III, +pp. 819-821. + +[208] See De Leon, "Four Years in Rebel Capitals." + +[209] President Davis visited Mobile in October, 1863, and upon reviewing +the Alabama troops recently raised, was much moved at seeing the young +boys and the old gray-haired men in the ranks before him. See Annual +Cyclopædia (1863), p. 8. The A. and I. General of Alabama reported, July +29, 1862, that not more than 10,000 conscripts could be secured from +Alabama unless the enemy could be expelled from the Tennessee valley. In +that case, 3000 more men might be secured. O. R., Ser. IV, Vol. II, p. 21. + +[210] O. R., Ser. IV, Vol. I, p. 1149; Vol. II, pp. 87, 207, 208, 790. + +[211] See Curry, "Civil History," p. 151. + +[212] James Phelan to President Davis, O. R., Ser. I, Vol. XVII, Pt. II, +p. 790. + +[213] O. R., Ser. I, Vol. XVII, Pt. II, p. 790. + +[214] C. C. Clay, Jr., to Secretary of War, O. R., Ser. IV, Vol. II, pp. +141, 142. + +[215] I know of one man who for two years carried his arm in a sling to +deceive the enrolling officers. It was sound when he put it into the +sling. After the war ended he could never regain the use of it. + +A draft from the Home Guards of Selma was ordered to go to Mobile. The +roll was made out, and opposite his name each man was allowed to write his +excuse for not wishing to go. One cripple, John Smith, wrote, "One leg too +short," and was at once excused by the Board. The next man had no excuse +whatever, but he had seen how Smith's excuse worked, so he wrote, "Both +legs too short," but he had to go to Mobile. "The Land We Love," Vol. III, +p. 430. + +[216] Shorter's Proclamation, Dec. 22, 1862. + +[217] M. J. Saffold, afterward a prominent "scalawag," escaped service as +an "agent to examine political prisoners." O. R., Ser. II, Vol. VI, p. +432. + +[218] The list of pardons given by President Johnson will show a number of +the titles assumed by the exempts. The chronic exempts were skilled in all +the arts of beating out. If a new way of securing exemption were +discovered, the whole fraternity of "deadheads" soon knew of it. In 1864 +nearly all the exemptions and details made in order to supply the +Quartermaster's Department were revoked, and agents sent through the +country to notify the former exempts that they were again subject to duty. +Before the enrolling officers reached them nearly all of them had secured +a fresh exemption, and from a large district in middle Alabama, I have +been informed by the agent who revoked the contracts, not one recruit for +the armies was secured. Often the exemption was only a detail, and large +numbers of men were carried on the rolls of companies who never saw their +commands. Often a man when conscripted would have sufficient influence to +be at once detailed, and would never join his company. Little attention +was paid to the laws regarding exemption. + +[219] Curry, "Civil History," pp. 142-148. The wealthy young men +volunteered, at first as privates or as officers; the older men of wealth +nearly all became officers, chosen by their men. One company from Tuskegee +owned property worth over $2,000,000. _Opelika Post_, Dec. 4, 1903. + +[220] Act of Feb. 17, 1864, Pub. Laws, C. S. A. + +[221] Curry, "Civil History," pp. 142-148, 151. + +[222] _N. Y. World_, March 28, 1864. + +[223] O. R., Ser. IV, Vol. III, p. 881. + +[224] The law of Feb. 17, 1864, provided for the separate enrolment of +these two classes, and the enrolling officers interpreted it as requiring +separate service. Such an interpretation would practically prohibit the +formation of volunteer commands and would leave the reserves to the +enrolling officers to be organized in camp. + +[225] O. R., Ser. IV, Vol. III, pp. 322, 323, 463, 466, 1059, 1060. + +[226] O. R., Ser. IV, Vol. III, pp. 817, 819, 920. + +[227] O. R., Ser. IV, Vol. III, pp. 821, 848. At this time there were in +the state 1223 officials who had the governor's certificate of exemption. +There were 1012 in Georgia, 1422 in Virginia, 14,675 in North Carolina, +and much smaller numbers in the other states. See O. R., Ser. IV, Vol. +III, p. 851. + +[228] O. R., Ser. IV, Vol. III, p. 224 (March 18, 1864). + +[229] An ex-Confederate related to me his experiences with the conscript +officers. In 1864 he was at home on furlough and was taken by the +"buttermilk" cavalry, carried to Camp Watts, at Notasulga, and enrolled as +a conscript, no attention being paid to his furlough. To Camp Watts were +brought daily squads of conscripts, rounded up by the "buttermilk" +cavalry. They were guarded by conscripts. When rested, the new recruits +would leave, the guards often going with them. Then another squad would be +brought in, who in a day or two would desert. This soldier came home again +with a discharge for disability. The conscript officials again took him to +Camp Watts. He presented his discharge papers; the commandant tore them up +before his face, and a few days later this soldier with a friend boarded +the cowcatcher of a passing train and rode to Chehaw. The commandant sent +guards after the fugitives, who captured the guards and then went to +Tuskegee, where they swore out, as he said, a _habeas corpus_ before the +justice of the peace and started for their homes with their papers. They +found the swamps filled with the deserters, who did not molest them after +finding that they too were "deserters." + +[230] 8835 to January, 1864. See report of Colonel Preston, April, 1864, +in O. R., Ser. IV, Vol. III, pp. 355, 363. The estimate was based on the +census of 1860. + +[231] O. R., Ser. IV, Vol. III, pp. 101, 103, _et passim_. + +[232] O. R., Ser. IV, Vol. III, pp. 355, 363. + +[233] Feb. 17, 1864. + +[234] There were 1223 to Nov. 30, 1864. + +[235] O. R., Ser. IV, Vol. III, pp. 1, 103-109. + +[236] G. O., No. 144, Dept. of the Cumberland, Atlanta, Ga., Oct. 4, 1864, +War Department Archives. There were other similar cases, but I found +record of no other conviction. The "tories" were sometimes in league with +the conscript officers, and sometimes they shot them at sight. + +[237] D. P. Lewis of Lawrence, Jeremiah (or Jere) Clemens of Madison, and +C. C. Sheets of Winston deserted later. + +[238] T. H. Clark, "Railroads and Highways," in the "Memorial Record of +Alabama," Vol. I, pp. 322-323. + +[239] Smith, Clemens, Jemison, and Bulger, in Smith's "History and Debates +of the Convention of 1861"; Hodgson, "Cradle of the Confederacy"; Garrett, +"Public Men of Alabama." + +[240] See Smith's "History and Debates of the Convention of 1861"; Nicolay +and Hay, "Lincoln," Vol. III, p. 186. + +[241] A. B. Hendren, mayor of Athens and editor of the _Union Banner_, +wrote in 1861 to Secretary Walker, stating that he had strongly opposed +secession, but was now convinced that it was right; as mayor, he was +committed to reconstruction, which he no longer favored; he did not +proclaim his new sentiments through his paper for fear of pecuniary loss, +but people were becoming suspicious of his lukewarm reconstruction spirit. +O. R., Ser. IV, Vol. I, pp. 181, 182. + +[242] "Northern Alabama Illustrated," p. 47; Ku Klux Rept. Ala. Test., pp. +592, 824; Saunders, "Early Settlers"; Brewer, "Alabama," p. 65; Garrett, +"Public Men"; Miller, "Alabama"; Nicolay and Hay, Vol. III, p. 186; +DuBose, "Life of Yancey," pp. 562, 563. + +[243] See DuBose, "Life of Yancey," p. 563. + +The non-slaveholders in the Black Belt appear to have been more +dissatisfied than those of the white counties at the outbreak of the war. +May 13, 1861, William M. Brooks, who had presided over the secession +convention, wrote from Perry County to President Davis in regard to the +bad effect of the refusal to accept short-time volunteers. He said that +though there were 20,000 slaves in Perry County, most of the whites were +non-slaveholders. Some of the latter had been made to believe that the war +was solely to get more slaves for the rich, and many who had no love for +slaveholders were declaring that they would "fight for no rich man's +slave." The men who had enlisted were largely of the hill class, poor +folks who left their work to go to camp and drill. Here, while their crops +wasted, they lost their ardor, and when they heard that their one-year +enlistment was not to be accepted, they began to murmur. They were made to +believe by traitors that a rich man could enter the army for a year and +then quit, while they had to enlist for the war. O. R., Ser. IV, Vol. +VIII, pp. 318-319. + +Horace Greeley in the _Tribune_ was reported to have said: Large +slaveholders were not secessionists, they resisted disunion; those who had +much at stake hesitated a long while; it was not a "slaveholders' +rebellion"; it was really a rebellion of the non-slaveholders resident in +the strongholds of slavery, springing from no love of slavery, but from +the antagonism of race and the hatred of the idea of equality with the +blacks involved in simple emancipation.--Ku Klux Rept., p. 519. There is a +basis of truth in this. + +[244] North Alabama before the war was overwhelmingly Democratic and was +called "The Avalanche" from the way it overran the Whiggish counties of +the southern and central sections. This was shown in the convention, where +representation was based on the white vote. Since the war representation +in the conventions is based on population, and the Black Belt has +controlled the white counties. "Northern Alabama Illustrated," pp. 251, +756. See also DuBose, "Yancey," p. 562. + +[245] Professor George W. Duncan of Auburn, Ala., and many others have +given me information in regard to the people in that section. See also H. +Mis. Doc. No. 42, 39th Cong., 1st Sess.; _N. Y. Tribune_, Nov. 14, 1862. + +[246] O. R., Ser. I, Vol. III, p. 249. For much information concerning the +conditions in north Alabama during the war, I am indebted to Professor O. +D. Smith of the Alabama Polytechnic Institute, a native of Vermont who was +then a Confederate Bonded Treasury Agent and travelled extensively over +that part of the country. + +[247] Reid, "After the War," pp. 348-350; Saunders, "Early Settlers," pp. +115, 164; Jones, "A Rebel War Clerk's Diary," Vol. I, pp. 182, 208. + +[248] O. R., Ser. IV, Vol. II, pp. 141. 142. + +[249] O. R., Ser. I, Vol. X, Pt. II, p. 638. + +[250] Moore, "Anecdotes, Poetry, and Incidents of the War," p. 215 +(Letters from the chaplain of Streight's regiment); O. R., Ser. I, Vol. +XVI, Pt. I, pp. 124, 785 (Streight's Report); Miller, "Alabama"; Jones, +"Diary," Vol. I, pp. 182-208. + +[251] O. R., Ser. I, Vol. VII, p. 840. + +[252] O. R., Ser. I, Vol. VII, pp. 153-156, 424. + +[253] O. R., Ser. IV, Vol. I, p. 1149. + +[254] O. R., Ser. IV, Vol. II, p. 258. + +[255] O. R., Ser. IV, Vol. II, pp. 819-821. + +[256] O. R., Ser. I, Vol. X, p. 431. + +[257] O. R., Ser. I, Vol. XXXIX, Pt. II, p. 57. + +[258] The official statement of the War Department. See also "Confederate +Military History," Vol. XII, p. 502. + +[259] Act of General Assembly, Aug. 29, 1863. + +[260] O. R., Ser. IV, Vol. II, p. 680. + +[261] Joint Resolution, Dec. 4, 1863. + +[262] O. R., Ser. I, Vol. XXXII, Pt. I, p. 671. + +[263] O. R., Ser. I, Vol. XXXII, Pt. I, p. 671, and Vol. XXXIII, Pt. III, +pp. 570, 683, 856. + +[264] O. R., Ser. I, Vol. XXXIII, Pt. III, pp. 825, 826, 856. + +[265] O. R., Ser. I, Vol. XLIX, Pt. I, p. 659. + +[266] Somers, "The Southern States since the War," p. 135; _Montgomery +Advertiser_, Aug. 17, 1902; _N. Y. Tribune_, Feb. 10, 1865; Freemantle, +"Three Months in the Southern States." + +[267] Moore, "Rebellion Record," Vol. VII, p. 45; Freemantle, p. 141. + +[268] Freemantle, "Three Months in the Southern States," p. 141, quoted +from a local newspaper; accounts of eye-witnesses. + +[269] Miller, _passim_; Somers, "Southern States," p. 135. + +[270] Miller, p. 193; Moore, "Rebellion Record," Vol. VII, p. 357. + +[271] Saunders, "Early Settlers," pp. 115, 164. + +[272] This correspondent defined a "unionist" or "loyalist" as one truly +devoted to the Union and who had never wavered, thus excluding from +consideration those who had gone with the Confederacy and later become +disappointed. _Boston Journal_, Nov. 15, 1864; _N. Y. Herald_, April 7, +1864; _The Tribune_, Nov. 14, 1862; _N. Y. Times_, Nov. 23, 1862; Tharin, +"The Alabama Refugee." + +[273] _The World_, Feb. 15, 1865. + +[274] Information in regard to affairs in southeast Alabama during the war +I have obtained from relatives (all of whom were "Union" men before the +war) and from neighbors who were acquainted with the conditions in that +section of the country. + +[275] Miller, "Alabama." Sanders had been a Confederate officer. + +[276] Thickets which the eye could not penetrate. + +[277] O. R., Ser. I, Vol. LII, p. 403. + +[278] O. R., Ser. I, Vol. XXVIII, Pt. II, p. 273; Ser. IV, Vol. II, p. +1043. + +[279] Joint Resolution, Oct. 7, 1864. J. J. Seibels proposed to raise a +regiment for state defence of men under and over military age. He wanted, +also, to get the skulkers who could not otherwise be obtained. O. R., Ser. +IV, Vol. II, p. 604. + +[280] O. R., Ser. IV, Vol. III, pp. 1042, 1043 (Solicitor James N. +Arrington and Attorney-General M. A. Baldwin). + +[281] Clemens was a cousin of "Mark Twain." He was fond of drink, and once +when William L. Yancey asked him not to drink so much, he answered that he +was obliged to drink his genius down to a level with Yancey's. + +[282] _N. Y. Tribune_, May 23, 1865. See Smith, "Debates," Index. + +[283] O. R., Ser. I, Vol. X, Pt. II, pp. 167, 168, 174, 178. Clemens had +been captain, major, and colonel of the Thirteenth United States Infantry. +From 1849 to 1853 he was United States Senator. He died in Philadelphia a +few years after the war. Garrett, "Public Men of Alabama," pp. 176-179. + +[284] Brewer, "Alabama," p. 364. + +[285] O. R., Ser. I, Vol. LII, Pt. II, p. 35. + +[286] O. R., Ser. I, Vol. X, Pt. II, pp. 161-163. + +[287] "Northern Alabama Illustrated," p. 327; Acts of Alabama, 1862, p. +225; Moore, "Anecdotes, Poetry, and Incidents of the War," p. 215. + +[288] Lewis became the second "Radical" or scalawag governor of Alabama, +serving from 1872 to 1874. Miller, "Alabama," pp. 260, 261; Brewer, +"Alabama," p. 368. + +[289] O. R., Ser. II, Vol. VIII, p. 86. + +[290] O. R., Ser. I, Vol. XXX, Pt. III, pp. 750-751. + +[291] It is a notable fact that among the disaffected persons of +prominence there were none of the old Whigs, or Bell and Everett men. +Nearly all were Douglas Democrats. The Bell and Everett people so +conducted themselves during the war that afterwards they were as +completely disfranchised and out of politics as were the Breckenridge +Democrats. The work of reconstruction under the Johnson plan fell mainly +to the former Douglas Democrats and the lesser Whigs. + +[292] Report of the Secretary of War, 1865, Vol. I, p. 45; "Confederate +Military History," Vol. XII, p. 501. + +[293] Report of the Secretary of War, Vol. I, p. 45; "Confederate Military +History," Vol. XII, p. 501. + +[294] I am indebted to old soldiers for descriptions of conditions in +north and west Alabama before and following Taylor's surrender. All agree +in their accounts of the conditions in Alabama and Mississippi at that +time. + +[295] These estimates are based on half a hundred other estimates made +during the war by state, Confederate, and Federal officials, and by other +observers, and from estimates made by persons familiar with conditions at +that time. They are rather too small than too large. O. R., Ser. IV, Vols. +I to IV _passim_. + +[296] O. R., Ser. IV, pp. 880, 881. + +[297] See also Pollard, "Lost Cause," p. 563; Schwab, p. 190. + +[298] See below, Ch. XXI. + +[299] See DuBose, "Yancey," pp. 566, 567, and Brewer and Garrett under the +names of the above. + +[300] Brewer, p. 126; Garrett, p. 723. + +[301] O. R., Ser. IV, Vol. I, p. 709. + +[302] Joint Resolution, Acts of 1st Called Sess., 1861, p. 142. + +[303] Joint Resolution, Acts of Called Sess. and 2d Regular Sess., 1862, +p. 202. + +[304] Acts of Called Sess. and 3d Regular Sess., 1863, p. 52. + +[305] A "bomb-proof" was a person who secured a safe position in order to +keep out of service in the field. A "feather bed" was one who stayed at +home with good excuse,--a teacher, agriculturist, preacher, etc., who had +only recently been called to such profession. + +[306] By act of the legislature soldiers in the field were to vote, but no +instance is found of their having done so. + +[307] See Hannis Taylor, "Political History of Alabama," in "Memorial +Record of Alabama," Vol. I, p. 82. + +[308] Jones, "A Rebel War Clerk's Diary," Vol. I, pp. 250, 335, 391; +Schwab, "Confederate States," p. 210; Garrett, p. 385; Brewer, p. 411. + +[309] Acts of 2d Regular Sess., 1862, p. 200. + +[310] Annual Cyclopædia (1862), p. 9; Schwab, "Confederate States," pp. +195, 196; Brewer, 127; Garrett, pp. 722, 724. See _infra_, p. 97. + +[311] Shorter's Proclamation, Dec. 22, 1862, in Moore, "Rebellion Record," +Vol. IV, and above, p. 88. + +[312] Annual Cyclopædia (1863), p. 6; O. R., Ser. IV, Vol. II, p. 126; +Brewer, pp. 66, 126, 460; Garrett, p. 722; Hannis Taylor, in "Memorial +Record of Alabama," p. 82. + +[313] Acts, 3d Regular Sess., 1864, p. 217. + +[314] Annual Cyclopædia (1863), p. 7. Francis Wayland, Jr., in a "Letter +to a Peace Democrat" in the _Atlantic Monthly_, Dec., 1863, quotes +Governor Watts as saying immediately after he had been elected: "If I had +the power I would build up a wall of fire between Yankeedom and the +Confederate States, there to burn for ages." See also O. R., Ser. IV, Vol. +I, p. 120; McMorries, "History of the First Alabama Regiment of Infantry." + +[315] O. R., Ser. IV, Vol. III, pp. 37, 463, 466, 817, 820. See also +above, pp. 97, 103, 104. + +[316] O. R., Ser. IV, Vol. III, pp. 683, 685, 735, 736. + +[317] Act, Oct. 7, 1864. + +[318] Act, Dec. 12, 1864. + +[319] See McPherson, "Rebellion," pp. 419-421. + +[320] The "Confederate Military History" states that in 1864 the people +hoped for terms of peace, believing that Democratic successes in the +northern elections would result in an armistice, and later reconstruction; +that the people were always ready to go back to the principles of 1787, +and it was believed that Davis was willing, but that the unfavorable +elections of 1864 and the military interference by the Federal +administration in the border states killed this constitutional peace +party. See Vol. I, pp. 505, 537. + +[321] Williamson R. W. Cobb of Jackson County, a very popular politician, +a member of the 36th Congress, met his first defeat in 1861, when a +candidate for the Confederate Congress. In 1863 he was successful over the +man who had beaten him in 1861. After the election, if not before, he was +in constant communication with the enemy and went into their lines several +times. The Congress expelled him by a unanimous vote. It was rumored that +President Lincoln intended to appoint him military governor, but he killed +himself accidentally in 1864. Cobb was a "down east Yankee" who had come +into the state as a clock pedler. He had no education and little real +ability, but was a smooth talker and was master of the arts of the +demagogue. In political life he was famed for shaking hands with the men, +kissing the women, and playing with the babies. At a Hardshell +foot-washing he won favor by carrying around the towels, in striking +contrast with his Episcopalian rival, who sat on the back bench. Cobb was +for the Confederacy as long as he thought it would win; when luck changed, +he proceeded to make himself safe. After his desertion he lost influence +among the people of his district. See Brewer, pp. 286, 287; McPherson, pp. +49, 400, 402, 411. + +[322] O. R., Vol. II, p. 726 (W. T. Walthall, commandant of conscripts for +Alabama, Talladega, Aug. 6, 1863). In the fall of 1864 a secret peace +society was discovered in southwest Virginia, North Carolina, and +Tennessee. O. R., Ser. IV, Vol. III, pp. 802-820. + +[323] O. R., Ser. I, Vol. XXVI, Pt. II, pp. 555-557. + +[324] O. R., Ser. I, Vol. XXVI, Pt. II, p. 548. + +[325] O. R., Ser. I, Vol. XXVI, Pt. II, pp. 551, 552. + +[326] The 61st Alabama Regiment was composed largely of conscripts under +veteran officers. It was evidently at first called the 59th. Brewer, p. +673. + +[327] O. R., Ser. I, Vol. XXVI, Pt. II, p. 550. + +[328] The 57th Alabama Regiment was recruited in the counties of Pike, +Coffee, Dale, Henry, and Barbour. See Brewer, p. 669. + +[329] O. R., Ser. I, Vol. XXVI, Pt. II, p. 550. + +[330] O. R., Ser. I, Vol. XXVI, Pt. II, p. 556. The 59th Alabama Regiment +was formed from a part of Hilliard's Legion. Brewer, p. 671. + +[331] O. R., Ser. I, Vol. XXVI, Pt. II, pp. 552, 556. + +[332] O. R., Ser. I, Vol. XXVI, Pt. II, p. 556; Brewer, "Alabama," p. 671. +It may be that the 59th Regiment here spoken of as consolidated was not +the 59th under the command of Bolling Hall, but was merely the first +number given to the regiment, which later became the 61st. See Brewer, pp. +671, 673. However, the society existed in Bolling Hall's regiment. + +[333] See Nicolay and Hay, "Lincoln," Vol. VIII, pp. 410-415; McPherson, +"Rebellion," pp. 320-322. + +[334] O. R., Ser. I, Vol. XXXIII, Pt. III, pp. 682, 683, and Vol. XXII, +Pt. I, p. 671; Ser. IV, Vol. III, pp. 393-397. A fuller account of the +Peace Society will be found in the _South Atlantic Quarterly_, July, 1903. +Some of the prominent leaders in the Peace Society were said to be: Lewis +E. Parsons, later provisional governor, said to be the head of it; Col. J. +J. Seibels of Montgomery; R. S. Heflin, state senator from Randolph +County; W. W. Dodson, William Kent, David A. Perryman, Lieut.-Col. E. B. +Smith, W. Armstrong, and A. A. West, of Randolph County; Capt. W. S. +Smith, Demopolis; L. McKee and Lieut. N. B. DeArmon. + +General James H. Clanton testified in 1871 that while in the Alabama +legislature during the war L. E. Parsons, afterwards governor, introduced +resolutions invoking the blessings of heaven on the head of Jefferson +Davis and praying that God would spare him to consummate his holy +purposes. Jabez M. Curry charged Parsons with being a "reconstructionist" +during the war, that is, with being disloyal to the government. Parsons +had two young sons in the Confederate army, and one of them was so +indignant at the charge against his father that he shot and wounded Curry. +Dr. Ware of Montgomery afterwards made the same charge. Ku Klux Rept., +Ala. Test., p. 234. + +[335] See O. R., Ser. I, Vol. XLIX, Pt. I, p. 718. "Confederate Military +History," Vol. I, pp. 505, 509, 511, 512, 537. + +[336] A Douglas Democrat, a Douglas elector, and a strong secessionist, +who had deserted to the enemy. Brewer, p. 364. + +[337] _N. Y. Times_, Feb. 14, 1864; Annual Cyclopædia (1864), pp. 10, 11; +_N. Y. Daily News_, April 16, 1864, from Columbus (Ga.) Sun. + +[338] _N. Y. Tribune_, May 23, 1865. + +[339] _N. Y. World_, March 28, 1864. + +[340] _N. Y. Times_, March 24, 1864; _N. Y. World_, March 28, 1864. +Busteed was a newly appointed Federal judge who afterward became notorious +in "carpet-bag" days. He succeeded George W. Lane in the judgeship. + +[341] There were several regular, reliable correspondents in north +Alabama, for the New York, Boston, and Chicago papers. Their accounts are +corroborated by the reports made later by Confederate and Federal +officials. + +[342] At this time Bulger was in active service. See Brewer, "Alabama," +pp. 548, 660; "Confederate Military History"--Alabama, see Index. Bradley +was a north Alabama man who had gone over to the enemy to save his +property. This was his chief claim to notoriety. He became a prominent +"scalawag" later. + +[343] _N. Y. Herald_, Nov. 29, 1864; _N. Y. Times_, Feb. 10, 1865; _Boston +Journal_, Nov. 15, 1864; _The World_, March 28, 1864, Feb. 11, 1865; O. +R., Ser. I, Vol. XLIX, Pt. I, pp. 590, 659. + +[344] Later governor, succeeding Parsons. + +[345] Letter from Giers at Decatur, Jan. 26, 1865; O. R., Ser. I, Vol. +XLIX, Pt. I, pp. 590, 718. See also Report of Joint Committee on +Reconstruction, Pt. III, pp. 13-15, 60, 64. + +[346] Giers, from Nashville, to Grant; O. R., Ser. I, Vol. XLIX, Pt. I, p. +659. + +[347] Judging from the correspondence of Giers, the plan had the approval +of General Grant. + +[348] O. R., Ser. I, Vol. XLIX, Pt. II, p. 560. + +[349] This fear is expressed in all their correspondence. + +[350] Davis, "Rise and Fall of the Confederate Government," Vol. I, p. +471; O. R., Ser. I, Vol. III, p. 440. + +[351] Miller, "History of Alabama," p. 158; Davis, "Confederate +Government," Vol. I, p. 476; O. R., Ser. I, Vol. III, p. 440. + +[352] Acts of 2d Called and 1st Regular Sess. (1861), pp. 75, 211. + +[353] April 10, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[354] April 16, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess.; Governor's +Proclamation, March 1, 1862. + +[355] April 17, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[356] O. R., Ser. I, Vol. III, pp. 870, 875. + +[357] O. R., Ser. IV, Vol. III, pp. 986, 987; Davis, Vol. I, p. 480; +"Southern Hist. Soc. Papers," Vol. II, p. 61. + +[358] Miller, "History of Alabama," pp. 180, 181; Davis, Vol. I, pp. 480, +481; Hardy, "History of Selma," pp. 46, 47; _N. Y. Times_, Nov. 2, 1865 +(Truman); O. R., Ser. IV, Vol. III, pp. 986, 987. The arsenal was +commanded by Col. J. L. White; the naval foundries and the rolling mills +were under the direction of Capt. Catesby ap Roger Jones, the designer of +the _Virginia_; Commodore Ebenezer Farrand superintended the construction +of war vessels at the Selma navy-yard. Captain Jones cast the heavy +ordnance for the forts at Mobile, Charleston, and Wilmington. Five +gunboats were built at Selma in 1863 and two or three others in 1864-1865. +The ram _Tennessee_, built in 1863-1864, was constructed like the +_Virginia_, but was an improvement except for the weak engines. When the +keel of the _Tennessee_ was laid, in the fall of 1863, some of the timbers +to be used in her were still standing in the forest, and the iron for her +plates was ore in the mines. Scharf, "Confederate Navy," pp. 50, 534, 550, +555; "Northern Alabama Illustrated," p. 654; Maclay, "History of United +States Navy," Vol. II, pp. 446, 447; Wilson, "Ironclads in Action," Vol. +I, p. 116. + +[359] Ball, "Clarke County," p. 765. + +[360] O. R., Ser. IV, Vol. II, pp. 29, 102. + +[361] Miller, pp. 201, 230; Davis, Vol. I, p. 473; Porcher, p. 378. + +[362] April 11, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[363] O. R., Ser. IV, Vol. III, pp. 195, 697. + +[364] O. R., Ser. IV, Vol. III, p. 695. + +[365] One of the most valuable of these caves was the "Santa Cave." See O. +R., Ser. IV, Vol. II, pp. 29, 102. + +[366] O. R., Ser. IV, Vol. III, pp. 695, 698. + +[367] O. R., Ser. IV, Vol. II, pp. 29, 102. + +[368] In 1861 the War Department gave Leonard and Riddle of Montgomery an +order for 60,000 pounds of nitre, and a company near Larkinsville in north +Alabama was making 700 pounds a day, which it sold to the government at 22 +to 35 cents a pound. O. R., Ser. IV, Vol. I, p. 556. + +[369] April 17, 1862. Pub. Laws, C.S.A., 1st Cong., 1st Sess.; Acts of +Ala., Dec. 7, 1861, and Dec. 2, 1862; O. R., Ser. IV, Vol. III, pp. 195, +698, 702, 987; Davis, Vol. I, pp. 316, 473, 477; Miller, pp. 201, 230; +Schwab, "Confederate States," p. 270; Annual Cyclopædia (1862), p. 9; Le +Conte's "Autobiography," p. 184. + +[370] O. R., Ser. IV, Vol. I, p. 556. + +[371] Somers, "Southern States," p. 162. + +[372] Somers, p. 175. + +[373] April 9, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[374] O. R., Ser. IV, Vol. III, pp. 695, 700, 702, 990. + +[375] Freight rates in Alabama were as follows in December, 1862:-- + + 1. Ammunition $0.60 per 100 lbs., per 100 miles. + 2. (Second class) 0.30 per 100 lbs., per 100 miles. + 3. Live stock 30.00 per car, per 100 miles. + 4. Hay, fodder, wagons, + ambulances, etc. 20.00 per car, per 100 miles. + +Troops were to be carried for 2-1/2 to 3-1/2 cents a mile per man. O. R., +Ser. IV, Vol. II, p. 276. + +[376] Charles T. Pollard, president of the Montgomery and West Point R.R., +who ran his road under direction of the government, reported, April 4, +1862, that he had placed the whole line between Montgomery and Selma under +contract, and that it would be completed within the year if iron could be +obtained. He thought the road between Selma and Meridian ought to be +completed at once. O. R., Ser. IV, Vol. I, pp. 10, 48. On Sept. 14, 1864, +it was reported that the grading was finished on the road between +Montgomery and Union Springs, but that no iron could be obtained. O. R., +Ser. IV, Vol. III, p. 576. + +[377] O. R., Ser. IV, Vol. I, p. 941; Pub. Laws, C.S.A., Feb. 15, 1862. + +[378] On April 4, 1862, the Secretary of War wrote to A. S. Gaines that +the road from Selma to Demopolis had been completed; from Demopolis to +Reagan, a distance of 24 miles, a part of the grading had been done; while +the road from Reagan to Meridian, a distance of 27 miles, had been graded, +bridged, and some iron had been laid. O. R., Ser. IV, Vol. I, pp. +1048-1049, 1061. Gaines stated, April 24, 1852, that on the Mississippi +end of the road the road was completed to within 8 miles of Demopolis, +Ala., and was being built at the rate of 3 miles a week. Connection was +made by boat to Gainesville, within 2 miles of which a spur of the Mobile +and Ohio, 21 miles long, had been completed. O. R., Ser. IV, Vol. I, p. +1089. + +[379] O. R., Ser. IV, Vol. I, p. 1171. + +[380] O. R., Ser. IV, Vol. I, pp. 1089, 1145; Vol. II, pp. 106, 148, 149, +655. + +[381] O. R., Ser. IV, Vol. II, pp. 144-145; Vol. III, p. 312; +Stats.-at-Large, Prov. Cong., C.S.A., Feb. 15, 1862; Pub. Laws, C.S.A., +1st Cong., 1st Sess., April 7 and Oct. 2, 1862. + +[382] O. R., Ser. IV, Vol. I, p. 783. + +[383] Acts, Feb. 8, 1861. + +[384] Acts, 2d Called and 1st Regular Sess., p. 70. + +[385] Governor Moore to Sec. L. P. Walker, July 2, 1861, O. R., Ser. IV, +Vol. I, p. 493; Somers, p. 136. + +[386] Schwab, "Confederate States," p. 271. + +[387] Somers, p. 136. + +[388] Acts, Dec. 13, 1864, Acts of Ala., 2d Called and 1st Regular Sess. +_passim_. + +[389] Le Conte states that in 1863 he found the only Bessemer furnace in +the Confederacy at Shelbyville; it was the first that he had ever seen. +"Autobiography," pp. 184-185. It was probably the first in America. + +[390] O. R., Ser. IV, Vol. III, p. 3. + +[391] Miller, pp. 179, 180, 181, 193; Davis, Vol. I, p. 481; _Montgomery +Advertiser_, July 14, 1867; _N. Y. Herald_, May 15, 1865. + +[392] O. R., Ser. IV, Vol. I, p. 1010. + +[393] This act authorized the governor to lease the salt springs belonging +to the state and to require the lessee to sell salt at 75 cents a bushel +at the salt works. The state paid 10 cents a bushel bounty and advanced +$10,000 to the salt maker. Acts, Nov. 11 and Nov. 19, 1861. + +[394] One private maker with one furnace and from 15 to 20 hands made 60 +bushels a day. Another, with 15 hands, burning 5 cords of wood, made 36 +bushels a day. There were also many other private salt makers. + +[395] Ball, "Clarke County," pp. 645-649, 765; "Our Women in War," p. 275 +_et seq._ + +[396] Acts, Nov. 9, 1861, and Dec. 9, 1862. + +[397] Acts, Dec. 9, 1862, Oct. 11, 1864, and Dec. 13, 1864. + +[398] Miller, "Alabama," pp. 156, 167, 230; Hague, "Blockaded Family"; +"Our Women in War," pp. 267, 268. + +[399] _N. Y. Herald_, Sept. 20, 1864; Miller, p. 167. + +[400] _American Cyclopædia_ (1864), p. 10; _N. Y. Times_, April 15, 1864. +To show the character of the white laborers employed in the salt works: in +reconstruction days, a prominent negro politician told how, when a slave, +he had to keep accounts, and read and write letters for the whites at the +salt works, who were very ignorant people. + +[401] Later the Southern Express Company, which is still in existence. It +was the southern division of the Adams Express Company. + +[402] O. R., Ser. IV, Vol. I, p. 711. + +[403] Miller, pp. 179, 180, 181, 193; Davis, Vol. II, p. 481; _Montgomery +Advertiser_, July 14, 1867; _N. Y. Herald_, May 15, 1865; Acts of the +General Assembly of Alabama, 1861-1864, _passim_. The Freedman's Bureau +was largely supported by sales of the remnants of iron works, etc. + +[404] Smith, "Debates," pp. 38, 39. + +[405] Smith, "Debates," pp. 37, 39. + +[406] In his message of Oct. 25, 1861, Governor Shorter made a report +showing that the finances of the state for 1861 were in good condition, +and advised against levying a tax on the people to pay the state's quota +of the Confederate tax. He stated that the banks had done good service to +the state; that, though in time of peace they were a necessary evil, now +they were a public necessity; that all the money used to date by the state +in carrying on the war had come from the banks. O. R., Ser. IV, Vol. I, +pp. 697-700. + +[407] O. R., Ser. IV, Vol. I, pp. 697-699; Acts of Gen. Assembly, Feb. 2, +Nov. 27 and 30, and Dec. 7 and 9, 1861; Patton's Message, Jan. 16, 1866. + +[408] Ordinance No. 33, amending sections 1373, 1375, 1393, of the Code, +March 16, 1861. + +[409] In 1861 two banks were chartered, two in 1862, five in 1863, and two +in 1864. Several of these were savings-banks. + +[410] Ordinance No. 18, Jan. 19, 1861; Nos. 35 and 36, March 18, 1861. + +[411] Schwab, p. 302; Davis, Vol. I, p. 495; Journal of the Convention of +1865, p. 61; Acts of Ala., Jan. 29, Feb. 6 and 8, Dec. 10, 1861; +Stats.-at-Large, Prov. Cong., C. S. A., Feb. 8, 1861; Miller, "Alabama," +pp. 152, 157. + +[412] Journal of the Convention, 1865, p. 61; Acts of Ala., Nov. 8, Dec. +4, 8, and 9, 1862; Miller, p. 168. + +[413] Jour. of the Convention of 1865, p. 61; Acts of Ala., Aug. 29, Dec. +8, 1863; Miller, pp. 186, 189. + +[414] Miller, p. 215; Acts of Ala., Oct. 7 and Dec. 13, 1864. + +[415] Resolutions of Gen. Assembly, Dec. 1, 1862; Schwab, p. 50. + +[416] Resolutions, Dec. 8, 1863. + +[417] Confederate Funding Act, Feb. 17, 1864. + +[418] Acts of Ala., Oct. 7, 1864; Schwab, pp. 73, 74. + +[419] Acts of Ala., Dec. 10, 1861. + +[420] Acts of Ala., _passim_. Notes of the state and of state banks were +hoarded, while Confederate notes were distrusted. Pollard, "Lost Cause," +p. 421. + +[421] Acts of Ala., Nov. 9, 1861; Schwab, p. 8. It was considered a matter +of patriotism to invest funds in Confederate securities. Not many other +investments offered; there was little trade in negroes. Pollard, "Lost +Cause," p. 424. + +[422] Acts of Ala., Dec. 8, 1863. + +[423] Acts of Ala., Dec. 13, 1864. + +[424] Clark, "Finance and Banking," in the "Memorial Record of Alabama," +Vol. I, p. 341. Statement of J. H. Fitts. + +[425] Patton's Message, Jan. 16, 1866. + +[426] Jones, "Diary," Vol. I, p. 114. North Carolina alone had contributed +more--$325,000. + +[427] Clark, "Education in Alabama," p. 90. + +[428] Acts of Ala., Dec. 7, 1863. + +[429] The state authorities considered it inexpedient to levy heavier +state taxes. The people had always been opposed to heavy state taxes, but +paid county taxes more willingly. So the gift of $500,000 to the +Confederate government in 1861 and the $2,000,000 war tax of the same year +were assumed by the state, and bonds were issued. Stats.-at-Large, Prov. +Cong., C.S.A., Feb. 8, 1861; Acts of Ala., Nov. 27, 1861. + +[430] Another measure aimed at the speculator. + +[431] Acts of Ala., Dec. 8, 1863. + +[432] Acts of Ala., Dec. 13, 1864. + +[433] Pub. Laws, 1st Cong., 1st Sess., April 21, 1862. + +[434] Pollard, "Lost Cause," p. 427. + +[435] Pub. Laws, C.S.A., 1st Cong., 3d Sess., April 24, 1863. + +[436] See also Curry, "Confederate States," p. 110. + +[437] Pub. Laws, C.S.A., 1st Cong., 4th Sess., Jan. 30, 1864. + +[438] Pub. Laws, C.S.A., 2d Cong., 1st Sess., June 10 and 14, 1864. + +[439] Miller, "Alabama," p. 190. + +[440] _N. Y. Times_, Feb. 2, 1864. + +[441] Fitzgerald Ross, "Cities and Camps of the Confederate States," pp. +237, 238. + +[442] Miller, p. 230. + +[443] Acts of Ala., Nov. 19, 1862. + +[444] Acts of Ala., Nov. 17, 1862. + +[445] Acts of Ala., Oct. 31, 1862. + +[446] O. R., Ser. II, Vol. III, p. 933; G. O., 86, A. and I. G. Office, +Richmond, Dec. 12, 1864; Miller, pp. 198, 199; Beverly, "History of +Alabama,"; A. C. Gordon, in _Century Magazine_, Sept., 1888; David Dodge, +in _Atlantic Monthly_, Aug., 1886. + +[447] Pub. Laws, C.S.A., 1st Cong., 3d Sess., March 26, 1863. + +[448] A conference of impressment commissioners met in Augusta, Ga., Oct. +26, 1863. Among those present were Wylie W. Mason, of Tuskegee, Ala., and +Robert C. Farris, of Montgomery, Ala. See O. R., Ser. IV, Vol. II, pp. +898-906. + +[449] Schwab, p. 202; Saunders, "Early Settlers." Schedules were printed +in all the newspapers, and many have been reprinted in the Official +Records. + +[450] Jones, "Diary," Vol. I, p. 194; Miller, "Alabama," pp. 198, 199; +Pollard, "Lost Cause," pp. 487-488. + +[451] Acts of Ala., Nov. 25, 1863. + +[452] Jones, "Diary," Vol. I, p. 301. + +[453] Pub. Laws, C.S.A., 2d Cong., 1st Sess., June 14, 1864; Saunders, +"Early Settlers." + +[454] Resolutions of Gen. Assembly, Nov. 26, 1864. + +[455] Ball, "Clarke County," p. 501. + +[456] Smith, "Debates," pp. 174-183. + +[457] Stats.-at-Large, Prov. Cong., C.S.A. + +[458] Stat.-at-Large, Prov. Cong., 2d Sess.; McPherson, "Rebellion," pp. +203, 204. European merchants and capitalists also had a large trade with +the South when the war broke out, and thus sustained great losses. They +had made large advances to southern planters and merchants, and were also +interested in property in the South. Proceeds were remitted to foreign +creditors or owners in Confederate or state currency or bonds for there +was no other form of remittance. Robertson, "The Confederate Debt and +Private Southern Debts" (English pamphlet). + +[459] McPherson, "Rebellion," pp. 203, 204; Acts of Prov. Cong., Aug. 30, +1861; Benjamin's "Instructions to Receivers," Sept. 12, 1861. + +[460] Stats.-at-Large, Prov. Cong., 3d Sess., Feb. 15, 1862. + +[461] McPherson, "Rebellion," p. 613. + +[462] Acts of Ala., Dec. 10, 1861. + +[463] Two years after the passage of the Sequestration Law its entire +proceeds in the Confederacy amounted to less than $2,000,000. Pollard, +"Lost Cause," p. 220. + +[464] Suspension of specie payments had been made in order to prevent a +drain on the banks. The Confederate government took possession of some of +the coin, while much was used in the contraband and blockade trade. All +this contributed to discredit Confederate paper currency. Pollard, "Lost +Cause," p. 421. In May, 1862, General Beauregard seized $500,000 in coin +from a bank in Jackson, Ala. The coin belonged to a New Orleans bank and +had been sent out to prevent confiscation by Butler. Confederate money was +almost worthless at Mobile in 1864, while in the interior of the state it +still had a fair value. + +[465] Confederate paper held up well in 1861 and 1862, though prices were +very high. The people were opposed to fixing a depreciated value to +Confederate money, but they were forced to do so by speculators. The money +was worth more the farther away from Richmond, though comparison with gold +should not be made, as gold was scarce, and prices in gold fell. Board, +which formerly cost $2 a day, could now be had for fifty cents in gold. +Gold was not a standard of value, but an article of commerce with a +fictitious value. Pollard, "Lost Cause," p. 425. + +[466] Clark, "Finance and Banking Memorial Record," Vol. I, p. 341; "Two +Months in the Confederate States by an English Merchant," pp. 111, 115; +DeBow's Review for 1866. + +[467] O. R., Ser. IV, Vol. X, Pt. II, p. 639. + +[468] Ball, "Clarke County," pp. 294, 295; Miller, p. 230; oral accounts. + +[469] _N. Y. Times_, April 5, 1864 (from Mobile papers). + +[470] _N. Y. Times_, Sept. 6, 1864. + +[471] Smedes, "A Southern Planter," p. 226. + +[472] Hague, "Blockaded Family," _passim_; "Our Women in the War," +_passim_; Jacobs, "Drug Conditions." + +[473] Ball, "Clarke County," p. 501. + +[474] Miller, p. 232. A negro went to a conscript camp in 1864 with a +fifty-cent jug of whiskey. He gave his master a bottleful from the jug, +replacing what he had taken out by water. The resulting mixture he sold +for $5 a drink, a drink being a cap-box full. Each drink poured out of the +jug was replaced by the same measure of water. In this way he made $300 +before the mixture was so diluted that the thirsty soldiers would not buy. +Related by the negro's master. + +[475] O. R., Ser. IV, Vol. III, p. 686. + +[476] _Montgomery Daily Advertiser_, April 18, 1865. But for another month +state money circulated in Montgomery. + +[477] See Messages and Papers of the Presidents, Vol. VI, p. 14. + +[478] Messages and Papers of the Presidents, Vol. VI, pp. 15, 37. + +[479] In 1860 the South exported $150,000,000 worth of cotton, and Mobile +was the second cotton port of America. Scharf, "History of the Confederate +Navy," pp. 439, 533. Besides the regular ship channel there were two +shallow entrances to Mobile Bay, through which blockade-runners passed. +Soley, "The Blockade and the Cruisers," p. 134. Regular water +communication with New Orleans was kept up until 1862 through Mississippi +Sound. Scharf, p. 535; Maclay, "A History of the United States Navy," Vol. +II, p. 445. + +[480] Miller, "Alabama," p. 167; Acts of the Called Sess. (1861), p. 123; +Acts of 2d Called and 1st Regular Sess. (1861), pp. 151, 168, 214, 278. + +[481] The blockading force before Mobile in 1861 often consisted of only +one vessel (Soley, p. 134), and the people of Mobile believed that foreign +nations would not recognize the blockade as effective. There was an +English squadron under Admiral Milne in the Gulf, and on Aug. 4, 1861, the +_Mobile Register and Advertiser_ said that a conflict between the English +and United States forces was expected; the English were then to raise the +blockade. Scharf, p. 442. + +[482] This, however, was not the plan favored by Ex-Gov. A. B. Moore, who, +on Feb. 3, 1862, wrote to President Davis stating his belief that the +permission given by the Federal fleet to export cotton was a "Yankee +trick" to get cotton to leave port in order to seize it. He thought that +the Confederate government should forbid all exportation of cotton until +the close of the war. "This leaky blockade system should be deprecated as +one [in which the parties] are either dupes or knaves and [is] not in the +least calculated to demonstrate the fact that our cotton crops are a +necessity to the commerce of the world." If cotton was not a necessity to +Europe, then the sooner the South knew it the better; if it was a +necessity, the sooner Europe knew it the better. O. R., Ser. IV, Vol. I, +p. 905. + +[483] Acts of Feb. 6 and Dec. 10, 1861. + +[484] O. R., Ser. IV, Vol. III, p. 735; Ser. I, Vol. XXXIII, Pt. III, p. +805. + +[485] The Confederate War and Treasury Departments required that each +steamship coming and going should reserve one-half its tonnage for +government use. The owners of an outgoing vessel had to make bond to +return with one-half the cargo for the government and the other half in +articles the importation of which was not prohibited by the Confederate +government. The Confederate government paid five pence sterling a pound on +outgoing freight, payable in a British port. On return freight £25 a ton +was paid in cotton at a Confederate port. The expenses of one +blockade-runner for one trip amounted to $80,265; while the gross profits +were $172,000, leaving a net gain of $91,735 on the trip. Scharf, pp. 481, +485. + +[486] Joseph Jacobs, "Drug Conditions." + +[487] Soley, pp. 44, 156. + +[488] See Taylor, "Running the Blockade." A typical blockade-runner of +1862-1864 was a long, low, slender, rakish sidewheel steamer, of 400 to +600 tons, about nine times as long as broad, with powerful engines, twin +screws, and feathering paddles. The funnels were short and could be +lowered to the deck. It was painted a dull gray or lead color, and the +masts being very short, it could not be seen more than two hundred yards +away. When possible to obtain it, anthracite coal was burned, and when +running into port all lights were turned out and the steam blown off under +water. Scharf, p. 480; Soley, p. 156; Spears, Vol. IV, p. 55. + +[489] "Two Months in the Confederate States by English Merchant," p. 111; +Taylor, "Running the Blockade"; Hague, "A Blockaded Family"; "Our Women in +War," _passim_; Jacobs, "Drug Conditions." + +[490] Report of A. Roane, Chief of the Produce Loan Office; Richmond, to +Secretary of Treasury Trenholm, Oct. 30, 1864, in H. Mis. Doc., No. 190, +44th Cong., 1st Sess.; "Two Months in the Confederate States," p. 111. + +[491] O. R., Ser. IV, Vol. II, p. 462. + +[492] Jones, "A Rebel War Clerk's Diary," Vol. I, p. 350. + +[493] Scharf, pp. 484, 486; Spears, Vol. IV, p. 56. + +[494] Bancroft. "Seward," Vol. II, p. 209; Wilson, "Ironclads in Action," +Vol. I, pp. 196-197. + +[495] Scharf, p. 487; Wilson, pp. 187, 192. + +[496] Scharf, p. 446, says that the press and public sentiment were +against allowing shipment of cotton to districts or through ports held by +the United States. When in danger of capture the cotton was burned. +Pollard states that the Richmond authorities were opposed to allowing any +extensive cotton trade through the lines or through blockaded ports, +because it was believed that the Union finances were in bad condition and +would not stand the loss of cotton manufacturing. Moreover, the +Confederate authorities were afraid of the demoralization caused by +contraband trade, and also feared that Europe might consider that licensed +trade through ports in possession of the enemy, like New Orleans, was a +confession of the weakness of King Cotton, and would refuse to recognize +the Confederacy. "Lost Cause," pp. 484-485. + +[497] The North was determined to show that cotton was not king, and to do +this it must get all the cotton possible from the South by allowing a +contraband trade in which nearly or quite all the profits on the cotton +should be stripped off, leaving only the bare cost to the Confederate +government or cotton planter. The North was willing that the South should +sell all its cotton, but the North was to be middleman. Scharf, p. 443; +"Personal Memoirs of U. S. Grant," Vol. I, p. 331. + +[498] The various proclamations, orders, regulations, and laws affecting +commercial intercourse between the United States and the Confederate +States will be found in a compilation of the United States Treasury +Department entitled "Acts of Congress and Rules and Regulations prescribed +by the Secretary of the Treasury, in pursuance thereto, with the approval +of the President, concerning Commercial Intercourse with and in States and +parts of States declared in insurrection, Captured, Abandoned, and +Confiscable Property, the care of freedmen, and the purchase of products +of insurrectionary districts on government account." The proclamations of +the President will be found in the Messages and Papers of the Presidents. +See also Sen. Ex. Doc., No. 56, 40th Cong., 2d Sess., and No. 23, 43d +Cong., 3d Sess., p. 58; Ho. Ex. Doc., No. __, 45th Cong., 2d Sess., p. 36; +Ho. Mis. Doc., No. 190, 44th Cong., 1st Sess., p. 39. A fuller account of +the trade regulations is in the _South Atlantic Quarterly_, July, 1905. + +[499] Act, April 19, 1862, Pub. Laws, C.S.A., 1st Cong., 1st Sess. + +[500] Act, Feb. 6, 1864, Pub. Laws, C.S.A., 1st Cong., 4th Sess. + +[501] The state officials in 1862-1863 planned to exchange cotton from +Mississippi and Alabama with the cotton speculators in Tennessee for +bacon. Davis opposed (Pollard, p. 481), but, nevertheless, the change was +made. Along the Tennessee River there was much trading with the enemy. In +order to conform with the United States regulations forbidding the payment +of coin for Confederate staples, the northern speculator bought +Confederate and state money, often at a high price ($100 gold for $225 in +Confederate currency or $120 to $125 in Alabama, Georgia, or South +Carolina bank-notes), with which to carry on the cotton trade. O. R., Ser. +IV, Vol. II, p. 10. + +[502] Shorter, who was opposed to contraband trade, complained in July, +1862, that the cotton speculators in Mobile had an understanding with +Butler and Farragut by which salt was allowed to come in and cotton, in +unlimited quantities, allowed to go out. O. R., Ser. IV, Vol. II, p. 21. + +[503] Ho. Ex. Doc., No. 16, 38th Cong., 2d Sess. + +[504] Ho. Rept., No. 24, 38th Cong., 2d Sess. + +[505] Ho. Ex. Doc., No. 16, 38th Cong., 2d Sess. + +[506] O. R., Ser. IV, Vol. III, pp. 1180, 1181. Davis probably made his +last official indorsement on this report, Apr. 10, 1865. He forwarded it +to the Adjutant and Inspector-General with instructions to look into the +matter. + +[507] Somers, "The Southern States since the War," p. 134. General Grant, +July 21, 1863, stated that this trade through west Tennessee was injurious +to the United States forces. "Restriction, if lived up to," he said, +"makes trade unprofitable and hence none but dishonest men go into it. I +will venture to say, that no honest man has made money in west Tennessee +in the last year, while many fortunes have been made there during the +time." So vexed was General Grant with the speculators that, early in +1865, he suspended all permits, but within a month he had to remove the +suspensions. Scharf, pp. 443, 446, 447. + +[508] Taylor, "Destruction and Reconstruction," pp. 227, 235. + +[509] Confederate currency was plentiful in the North, where it was made +even more cheaply than in the South, and the southerners did not notice +the difference. + +[510] O. R., Ser. I, Vol. X, Pt. II, pp. 291-293, 638-640. + +[511] Ho. Rept., No. 83, 45th Cong., 3d Sess.; No. 618, 46th Cong., 2d +Sess. + +[512] _N. Y. Herald_, April 7, 1864. + +[513] Jacobs, "Drug Conditions," p. 7. The Southern Express Company worked +in connection with the Adams, of which it had been a part before 1861. + +[514] Jacobs, "Drug Conditions," pp. 7-10. + +[515] Ho. Repts., 38th Cong., 2d Sess., p. 174. Before this, Samuel Noble +of Rome, Georgia, representing himself as a "loyal" man (he was introduced +and vouched for by George W. Quintard), made a contract with a United +States Treasury agent to deliver 250,000 bales of cotton from Alabama, +Georgia, Louisiana, and South Carolina. In Alabama at that time he owned +800 bales at Selma, 1256 at Mobile, and had much more contracted for. The +cotton was to be delivered at Huntsville, Mobile, and places in the +adjoining states. Noble was to get three-fourths of the proceeds, +according to the regulations. Ho. Rept., No. 24, 38th Cong., 2d Sess. + +[516] Statement of Professor O. D. Smith of Auburn, Ala., who was then a +Confederate bonded agent operating in north Alabama. + +[517] Taylor, "Destruction and Reconstruction," p. 232. + +[518] Letter of Secretary Chase to Hon. E. B. Washburne, in Ho. Mis. Doc., +No. 78, 38th Cong., 1st Sess. + +[519] Acts of Gen. Assembly, Nov. 11, 1861. As early as Jan. 14, 1861, +Governor Moore reported that the poorest classes were in want and that +much suffering, perhaps starvation, would result unless aid were given. O. +R., Ser. IV, Vol. I, p. 51. The soldiers' families were reported to be +almost destitute in April, 1861. _Idem_, p. 220. + +[520] Acts of Gen. Assembly, Dec. 31, 1861. + +[521] Act of Gen. Assembly, Dec. 29, 1861. + +[522] Annual Cyclopædia (1862), p. 9. + +[523] Jones, "Diary," Vol. I, pp. 194, 198. + +[524] Act of Gen. Assembly, Nov. 8, 1862. + +[525] Act of Gen. Assembly, Nov. 11, 1862. + +[526] Act of Gen. Assembly, Nov. 8, 1862. + +[527] Act of Gen. Assembly, Oct. 16, 1864. + +[528] Acts of Gen. Assembly, Oct. 9 and Dec. 9, 1862, and Aug. 29, 1863. +Miller, "Alabama," p. 167. + +[529] Acts of Gen. Assembly, Nov. 26, 1862. + +[530] Act of Gen. Assembly, Nov. 28, 1862. + +[531] Jones, "Diary," Vol. I, p. 194. + +[532] Annual Cyclopædia (1863), p. 6. + +[533] _N. Y. Herald_, Dec. 26, 1863. + +[534] Act, April 19, 1862, Pub. Laws, C.S.A., 1st Cong., 18th Sess.; Act +of Gen. Assembly, Dec. 5, 1863. + +[535] Act of Gen. Assembly, Aug. 29, 1863. + +[536] Act of Gen. Assembly, Aug. 27, 1863. + +[537] Act of Gen. Assembly, Aug. 27, 1863. + +[538] Resolutions of Gen. Assembly, Aug. 27, 1863. + +[539] Act of Gen. Assembly, Dec. 8, 1863. + +[540] Acts of Gen. Assembly, Dec. 4 and Dec. 7, 1863. + +[541] Acts of Gen. Assembly, Oct. 7, 1864, and Dec. 13, 1864. + +[542] Act of Gen. Assembly, Dec. 9, 1864. + +[543] Act of Gen. Assembly, Dec. 13, 1864. + +[544] Act of Gen. Assembly, Dec. 4, 1864. + +[545] Acts of Gen. Assembly, Dec. 8, 1862, Aug. 27 and 29, 1863, and Dec. +13, 1864. + +[546] Acts of Gen. Assembly, Dec. 8, 1863. There were Confederate soldiers +who were paid only twice in two years' service, and then not enough to buy +a new uniform. The following incident is related of the 9th Alabama +Infantry: at Chancellorsville some Federals had been captured by the +regiment, and as they were being sent back over the field covered with +dead Federals, one of the prisoners remarked: "You rebs are sharper than +you used to be. You used to shoot us anywhere; now you shoot us in the +head so as not to bloody our clothes." The 9th was a regiment of +sharpshooters from north Alabama. The narrator says that the prisoner was +alluding to "the practice of stripping the dead of their clothing to cover +our nakedness."--"The Land We Love," Vol. II, pp. 216. + +[547] The legislature had offered $200,000 for 50,000 pairs of shoes, but +received none. + +[548] Miller, p. 167; Acts of Gen. Assembly, Dec. 8, 1863; O. R., Ser. IV, +Vol. II, pp. 32, 196. + +[549] Resolutions of Gen. Assembly, Nov. 28, 1863. + +[550] Miller, "Alabama," p. 229. + +[551] Miller, p. 198. + +[552] Miller, "Alabama," pp. 198, 199, 229. + +[553] Saunders, "Early Settlers," p. 68. + +[554] Saunders, "Early Settlers," p. 206; Hague, "Blockaded Family"; +Clayton, "White and Black under the Old Régime"; "Our Women in the War." + +[555] Governor Shorter's Proclamation, March 1, 1862; Annual Cyclopædia +(1862), p. 9. + +[556] Annual Cyclopædia (1863), p. 6; Resolution, April 4, 1863, Pub. +Laws, 15th Cong., 3d Sess. + +[557] A report to Davis in October, 1864, stated that Alabama, Georgia, +and Mississippi had been supplying the Confederate armies. Georgia was +exhausted, and Alabama, having sent 125,000 pounds of bacon, could do no +more. Pollard, "Lost Cause," pp. 648-649. But in remote counties were +large stores of supplies that could not be moved for want of +transportation facilities. + +[558] "Our Women in the War," p. 275 _et seq._ + +[559] Moore, "Rebellion Records," p. 3; O. R., Ser. IV, Vol. I, p. 701. + +[560] Acts of Gen. Assembly, Nov. 11, 1862. + +[561] Jones, "Diary," Vol. I, p. 198; Schwab, p. 180. + +[562] Acts of Gen. Assembly, Nov. 8, 1862. + +[563] Act of Gen. Assembly, Dec. 13, 1864. + +[564] Act of Gen. Assembly, Dec. 8, 1862. + +[565] Act of Gen. Assembly, Dec. 8, 1863. + +[566] O. R., Ser. I, Vol. X, p. 971. + +[567] In September, 1864, Surgeon Richard Potts was instructed to buy all +the apple brandy to be had, at not more than $35 a gallon, but to purchase +as a private individual in order not to have to pay too much. O. R., Ser. +IV, Vol. III, p. 682. + +[568] Saunders, "Early Settlers of Alabama," p. 29; O. R., Ser. IV, Vol. +I, p. 608. + +[569] See also article by C. C. Jones, Jr., in _Magazine of American +History_, Vol. XVI, pp. 168-175; J. W. Beverly (colored), "History of +Alabama," p. 22. + +[570] Act, Jan. 31, 1861; Beverly, "Alabama," p. 200. + +[571] April 15 and 21, 1862, Pub. Laws, C.S.A., 1st Cong., 2d Sess. + +[572] Acts, Oct. 31 and Nov. 20, 1862. + +[573] Resolutions, Aug. 29, 1863. + +[574] I have known two men who hired negro substitutes to go to the army, +and the negroes having been killed in battle, the whites were forced to +go. + +[575] Beverly, "Alabama," p. 200; Miller, "Alabama," pp. 198, 199, 207; +Curry, "Civil History," p. 110; O. R., Ser. IV, Vol. III, p. 933. + +[576] John S. Wise, "End of an Era," pp. 161, 212, speaks of the +impression made by the 3d Alabama before and after the two years' service. +The privates in one company in this regiment paid tax on $3,000,000. + +[577] See also Beverly, "Alabama," p. 200. Several of these old +body-servants have related their experiences to me. + +[578] _Sewanee Review_, Vol. II, pp. 94-95; Acts of Ala., Nov. 20, 1863, +and Resolution of Aug. 29, 1863; Annual Cyclopædia (1865), p. 10. + +[579] See also C. C. Jones, Jr., in the _Magazine of American History_, +Vol. XVI, pp. 168-175. When the war ended General (now Senator) Morgan was +recruiting near Selma for a Confederate negro brigade. + +[580] His master was named Godwin. Horace learned to make bridges, and +became so skilful and was so much in demand that he was set free. By +special act of the Alabama legislature he was given civil rights and at +once he became a slave owner. After the war he was in Republican politics +for a while, but soon went back to bridge-building. + +[581] Some masters, like General John B. Gordon, informed their slaves +that the victory of the North meant the freedom of the negroes. See Ku +Klux Rept., Ga. Test., and _Sewanee Review_, Vol. II, p. 95. I have been +told by ex-slaves that the negroes in the quarters believed from the first +that their freedom would follow the defeat of the masters, but that few +slaves believed that their masters could be defeated. + +[582] The following are some of the various occupations in which slaves +relieved whites: spinners, weavers, dyers, cutters and dressmakers, +body-servants, butlers, coachmen, gardeners, carpenters, planters, brick +masons, painters, tanners, shoemakers, harness makers, barrel makers, +wheelwrights, blacksmiths, machinists, engineers, millers, seine and sail +makers, and ship carpenters, besides farm occupations. Nearly all of the +skilled laborers were negroes. Their industrial capacity was even greater +during the war than in time of peace. President Winston in Proceedings of +Fourth Conference for Education in the South, pp. 40, 41. See also the +books of Miss Hague, Mrs. Clayton, and Booker T. Washington. + +[583] Harrison, "Gospel Among the Slaves," p. 299. + +[584] See Mallard, pp. 209, 210; Hague, "Blockaded Family"; Clayton, +"White and Black"; "Our Women in War"; _Sewanee Review_, Vol. II, p. 95. + +[585] See Mallard, p. 210; _Sewanee Review_, Vol. II, pp. 94-95; _Southern +Magazine_, Jan., 1874. + +[586] It has been estimated that one-fourth of the total number of negroes +was not engaged in field labor, but in some kind of service which brought +them into close relations with the whites. Tillinghast, "Negro in Africa +and America," p. 126. And on the farms and smaller plantations also the +blacks knew their "white folks." + +[587] See W. H. Thomas, "American Negro," p. 41. + +[588] The experiences of Reconstruction showed that the negro had only to +feel the touch of a stronger hand, and, with most of them, the attachments +of a lifetime were of no force. The negro was as wax in the hands of a +stronger race. Hence the influence of the carpet-baggers, who were for a +time the stronger power. + +[589] Harrison, "Gospel among the Slaves," pp. 299, 300; McTyeire, "A +History of Methodism"; Riley, "Baptists in Alabama"; Mallard, "Plantation +Life," p. 74 _et seq._ W. H. Thomas (colored), "American Negro," pp. 41, +149, gives as reasons why the slaves did not revolt during the war: (1) +genuine affection for the whites; (2) the desire on the part of the negro +to do the duty intrusted to him; (3) and most important--the supreme and +all-pervading influence of religion. The mission work among the negroes +was kept up all during the war. Harrison, pp. 292-300; Tichenor, "Work of +Southern Baptists among the Negroes" (pamphlet). + +[590] Harrison, pp. 299, 300. For general information in regard to the +negroes during the war, consult Beverly (colored), "Alabama," pp. 201, +202; Miller, "Alabama," pp. 142-157; Mallard, "Plantation Life"; +Washington, "Up from Slavery"; Washington, "Future of the American Negro"; +Thomas, "The American Negro"; Tillinghast, "Negro in Africa and America"; +Hague, "A Blockaded Family"; Clayton, "White and Black under the Old +Régime"; Smedes, "Southern Planter"; "Our Women in War." + +[591] W. G. Clark, "Education in Alabama," pp. 87-92; W. G. Clark, "The +Progress of Education," in "Memorial Record," Vol. I, p. 160; Acts, 1st +Called Sess. (1861), p. 56; _N. Y. Daily News_, May 29, 1865; _Century +Magazine_, Nov., 1889. In recent years Congress has made a grant of lands +in north Alabama to replace the burned buildings. Rept. Comr. of Ed., +1899-1900, Vol. I, p. 484. + +[592] Clark, "Education in Alabama," pp. 149, 152, 153, 156; "Northern +Alabama Illustrated," p. 453. + +[593] Clark, "Education in Alabama," pp. 164, 174, 179, 180. + +[594] Clark, "Education in Alabama," pp. 204, 208, 259; Acts, 1st Called +Sess. (1861), pp. 67, 70, 82, 113; Acts, 2d Called Sess. and 1st Regular +Sess., pp. 92, 93, 94; Brewer, "Alabama," p. 347. + +[595] "Northern Alabama Illustrated," p. 513. + +[596] Clark, "Education in Alabama," pp. 6, 7, 224, 226, 229, 239, 259; +Ingle, "Southern Side-Lights," p. 172. + +[597] Pub. Laws, C.S.A., 1st Cong., 1st Sess., April 21, 1862; 1st Cong., +2d Sess., Oct. 11, 1862. + +[598] Acts, 1st Called Sess. (1861), p. 82. + +[599] Acts (1862), p. 97. + +[600] Acts, 2d Called and 1st Regular Sess. (1861), pp. 65, 182, 183, 223, +253, 255; Acts of 1863 and 1864, _passim_. + +[601] My chief source of information in regard to the common schools +during the war has been the accounts of persons who were teachers and +pupils in the schools. + +[602] From 1863 to 1865 W. G. Clark and Co. of Mobile, the chief +educational publishers of the state, brought out a series of five readers, +"The Chaudron Series,"--by Adelaide de V. Chaudron, a well-known writer of +Mobile. Large numbers were sold. S. H. Goetzel of Mobile published Madame +Chaudron's spelling-book, of which 40,000 copies were sold in 1864 and +1865. W. G. Clark and Co. printed a revision of Colburn's Mental +Arithmetic in 1864. A Mental Arithmetic by G. Y. Browne of Tuscaloosa is +dated Atlanta, 1865, but was probably published in North Carolina. In 1864 +W. G. Clark and Co. announced "A Book of Geographical Questions." Before +the close of the war Confederate text-books were quite common in the +state. The series were usually named "Confederate," "Dixie," "Texas," +"Virginia," etc. Stephen B. Weeks, in "A Preliminary Bibliography of +Confederate Text-books" (Rept. of Comr. of Ed., 1898-1899, Vol. I, p. +1139), lists 16 primers, 14 spellers, 29 readers, 4 geographies, 1 +dictionary, 12 arithmetics, 12 grammars, 8 books in foreign languages, 20 +Sunday-school and religious works, and 10 miscellaneous educational +publications. Those published in Georgia, North and South Carolina, and +Virginia sold largely in Alabama. Few came from the West. See also Yates +Snowden, "Confederate Books." + +[603] See Weeks, "Bibliography of Confederate Text-books." + +[604] See Mrs. Clayton, "White and Black," p. 115, and Hague, "Blockaded +Family." + +[605] See Hague, "A Blockaded Family." Miss Hague was a teacher in a +plantation school during the war. + +[606] W. W. Screws, "Alabama Journalism," in "Memorial Record," Vol. II, +pp. 195, 234. + +[607] Screws, pp. 194, 195, 205, 212, 218, 233, 234; Pub. Laws, C.S.A., +1st Cong., 1st Sess., April 21, 1862; 2d Sess., Oct. 11, 1862; Yates +Snowden, "Confederate Books." + +[608] Screws, pp. 161, 166, 188, 192, 231. + +[609] See also Yates Snowden, "Confederate Books." I have examined copies +of most of the books mentioned. + +[610] Riley, "History of the Baptists of Alabama," p. 279. + +[611] McPherson, "Rebellion," p. 514. + +[612] Smith, "Life and Letters of James Osgood Andrew," p. 473. + +[613] _N. Y. World_, Dec. 26, 1860. + +[614] Riley, "Baptists of Alabama," p. 291. + +[615] McPherson, "Rebellion," p. 591. + +[616] Pub. Laws, C.S.A., 1st Cong., 1st Sess., April 21, 1862, and 2d +Sess., Oct. 11, 1862. + +[617] Acts of Ala., Dec. 9, 12, and 13, 1864. + +[618] _N. Y. Times_, Aug. 30, 1865. + +[619] Rev. J. William Jones, "The Great Revival in the Southern Armies"; +Rev. J. William Jones, "Confederate Military History," Vol. XII, p. 119 +_et seq._; Bennett, "The Great Revival in the Southern Armies"; Alexander, +"History of the Methodist Church South," p. 74. + +[620] Hague, "Blockaded Family," pp. 111, 112, 142; Ball, "Clarke County," +p. 283. + +[621] For one instance, see Hague, "Blockaded Family," p. 141; and for +others, Jones on the "Morale of the Confederate Armies," in Vol. XII, +"Confederate Military History." + +[622] By the Alabama Conference of the Methodist Episcopal Church South, +there was appropriated for slave missions in the state + + From 1829 to 1844 $17,366.36 + From 1845 to 1864 340,166.67 + +Before the separation the planters were not favorably inclined toward +Methodist missionaries on account of the attitude of the northern section +of the church. They preferred the Baptists and Presbyterians, who did most +of their work with the blacks in connection with the white congregations. +After the separation, in 1845, there was a greater demand for Methodist +missionaries. Many planters of the Episcopal Church paid the salaries of +Baptist and Methodist missionaries to their slaves, and erected chapels +for their use. Harrison, "Gospel among the Slaves," pp. 302, 312, 313, +326. In 1860 there were 20,577 negro southern Methodists in Alabama, about +half of whom were attached to the white churches and the rest to +plantation missions. The number was rapidly increasing. The number of +negro Baptists was much greater, but there are no exact statistics of +membership. There were smaller numbers in all the other churches. + +[623] The following statistics relate to colored mission work by the +Methodists:-- + + ================================================================= + YEAR| NUMBER OF MISSIONS |MEMBERS|MISSIONARIES|APPROPRIATIONS + ----|-----------------------|-------|------------|--------------- + 1859| 38 | 8381 | 39 | $25,849.10 + 1860| 40 | 9208 | 40 | 27,091.66 + 1861| 40 | ---- | 40 | 27,091.66 + 1862| 36 | 8962 | 35 | 10,800.00 + 1863| 37 | 9020 | 37 | 31,311.59 + 1864| 22 | 5153 | 22 | 24,508.00 + |(Montgomery Conference)| | | + 1864| 23 | 5684 | 33 | 26,938.16 + | (Mobile Conference) | | | + 1865| | | |Some money was + | | | | raised in 1864 + | | | | for 1865. + ================================================================= + +The General Conference raised, in 1862, $93,509.87 for negro missions; in +1864, $158,421.96; and, for 1865, $80,000. + +[624] Harrison, p. 314. + +[625] Riley, "Baptists of Alabama." + +[626] Hague, pp. 10, 11. + +[627] Riley, "Baptists of Alabama," pp. 286, 300; McTyeire, "A History of +Methodism," p. 671; Tichenor, "The Work of the Baptists among the +Negroes." The war records of the churches show that sometimes the slaves +gave more money for church purposes than the whites; for example, in the +Methodist church of Auburn, Ala. + +[628] Smith, "Methodists in Georgia and Florida." + +[629] McPherson, p. 521. + +[630] McPherson, p. 521. + +[631] McPherson, pp. 521, 522; Nicolay and Hay, Vol. V, p. 337. + +[632] See _Gulf States Hist. Mag._, Sept., 1902, on "The Churches in +Alabama during Civil War and Reconstruction"; O. R., Ser. I, Vol. XLIX, +Pt. I, p. 718; _Southern Review_, April, 1872, p. 414; _Boston Journal_, +Nov. 15, 1864; McTyeire, "A History of Methodism," p. 673. + +[633] Richardson, "Lights and Shadows of Itinerant Life," p. 183. + +[634] See Whitaker's paper in Transactions Ala. Hist. Soc., Vol. IV, p. +211 _et seq._ + +[635] Col. Higginson seems to understand the influence of the women, but +not the reason for their interest in public questions. He says: "But for +the women of the seceding states, the War of the Rebellion would have been +waged more feebly, been sooner ended, and far more easily forgotten.... +Had the voters of the South been all women, it would have plunged earlier +into the gulf of secession, dived deeper, and come up even more +reluctantly." Higginson, "Common Sense about Women," pp. 54, 209. +Professor Burgess, with a better understanding, explains the reason for +the interest of the women in sectional questions. He says that, after the +attempt of John Brown to incite the slaves to insurrection, "especially +did terror and bitterness take possession of the hearts of the women of +the South, who saw in slave insurrection not only destruction and death, +but that which to feminine virtue is a thousand times worse than the most +terrible death. For those who would excite such a movement or sympathize +with anybody who would excite such a movement, the women of the South felt +a hatred as undying as virtue itself. Men might still hesitate ... but the +women were united and resolute, and their unanimous exhortation was: 'Men +of the South, defend the honor of your mothers, your wives, your sisters, +and your daughters. It is your highest and most sacred duty.'" Burgess, +"Civil War and the Constitution," Vol. I, p. 42. + +[636] "Our Women in War," _passim_; Ball, "Clarke County," pp. 261-274; +oral accounts, scrap-books, letters. + +[637] One of my acquaintances says that quite often she had only bread, +milk, and syrup twice a day. Sometimes she was unable to eat any +breakfast, but after spinning an hour or two she was hungry enough to eat. +To many the diet was very healthful, but the sick and the delicate often +died for want of proper food. + +[638] At the close of the war my mother was twelve years old; for more +than two years she had been doing a woman's task at spinning. Her sister +had been spinning for a year, though she was only six years old. + +[639] Many of the heavier articles woven during the war, such as +coverlets, counterpanes, rugs, etc., are still, after forty years, almost +as good as new. + +[640] Acts, Dec., 1861, 2d Called and 1st Regular Sess., p. 70. + +[641] Hague, "Blockaded Family," _passim_; Miller, pp. 223-232; "Our Women +in the War," p. 275 _et seq._; Clayton, "White and Black under the Old +Régime," pp. 112-149; Porcher, "Resources of the Southern Fields and +Forests," pp. 70, 107, 284-295, 351, 372, 657. + +[642] Clayton, "White and Black under the Old Régime"; Hague, "Blockaded +Family," _passim_; Miller, p. 229; Jacobs, "Drug Conditions," p. 16; oral +accounts; Porcher, _passim_. + +[643] O. R., Ser. IV, Vol. III, pp. 1073-1075; Jacobs, "Drug Conditions." + +[644] Jacobs, pp. 4-6, 12-14, 16-21; Porcher, p. 65. + +[645] Hague, "Blockaded Family." + +[646] Jacobs, "Drug Conditions," pp. 4-6, 12-14, 16-21; Hague, "Blockaded +Family," _passim_; "Our Women in the War"; Ball, "Clarke County"; Miller, +"Alabama"; Porcher; Pub. So. Hist. Ass'n, March, 1903. + +[647] Smedes, "A Southern Planter," p. 226. + +[648] In the early part of the war when a soldier received a slight wound +he was given a furlough for a few weeks until he was well again. Slight +wounds came to be called "furloughs," and some soldiers when particularly +homesick are said to have exposed themselves unnecessarily in order to get +a "furlough." + +[649] See _Boston Journal_, Sept. 29 and Nov. 15, 1864. + +[650] See Mrs. Clayton's "White and Black" in regard to rations for +negroes. + +[651] See Acts of Ala., Nov. 28 and 30, 1861, Dec. 9, 1862, and Dec. 8, +1863; Transactions Ala. Hist. Soc., Vol. IV, pp. 219 _et seq._ + +[652] It was estimated that one-fourth of the people of the state were +furnished for three years with meal and salt. + +[653] Moore, "Rebellion Record," Vol. IV (1862). + +[654] _N. Y. News_, March 29, 1864, from the _Richmond Whig_, from the +_Mobile Evening News_; oral accounts. There were numbers of women who +actually cut off their hair, thinking that it could be sold through the +blockade. For a while they were hopeful and enthusiastic in regard to the +plan of selling their hair. + +[655] P. A. Hague's "Blockaded Family" is the best account of life in +Alabama during the war. Mrs. Clayton's "White and Black under the Old +Régime" is very good, but brief. "Our Women in the War" is a valuable +collection of articles by a number of women. Nearly all the incidents +mentioned I have heard related by relatives and friends. "John Holden, +Unionist," by T. C. De Leon, gives a good account of life in the hill +country. Mary A. H. Gay's "Life in Dixie during the War" and Miller's +"History of Alabama" give information based on personal experiences. +Porcher's "Resources of the Southern Fields and Forests," published in +1863, is a mine of information in regard to economic conditions in the +South. Porcher quotes much from the newspapers and from correspondence. +The second edition, published in 1867, omits much of the more interesting +material. + +[656] In his inaugural proclamation of July 20 (or 21), 1865, Governor +Parsons gives the following figures:-- + + Alabama male population (1860), 15 to 60 years 126,587 + Connecticut male population (1860), 15 to 60 years 120,249 + Alabama soldiers enlisted 122,000 + Connecticut soldiers enlisted 40,000 + Alabama soldiers died in service 35,000 + Alabama soldiers disabled 35,000 + +_N. Y. Times_, Aug. 2, 1865; _N. Y. Herald_, Aug. 11, 1865; Parsons's +Message, Nov. 22, 1865; Parsons's Speech at Cooper Institute, Nov. 13, +1865. + +[657] Fowler's Report, Transactions Ala. Hist. Soc., Vol. II, p. 188. + +[658] Ho. Mis. Doc., No. 114, 39th Cong., 1st Sess. + +[659] _N. Y. Times_, Oct. 31, 1865. + +[660] Southern Hist. Soc. Papers, Vol. XV (Paroles at Appomattox); Miller, +"History of Alabama," p. 233; Brewer, "Regimental Histories." + +[661] Census of 1866, _Selma Times and Messenger_, March 24, 1868. + +[662] + + WHITES BLACKS + 1860 526,271 1860 437,770 + 1866 522,799 1866 423,445 + 1870 521,384 1870 475,510 + +Censuses of 1860, 1866, 1870. + +[663] Ho. Mis. Doc., No. 114, 39th Cong., 1st Sess. + +[664] Miller, "History of Alabama," p. 141. + +[665] Miller, "Alabama," p. 141 (Auditor's Report). + +[666] 1860, 6,385,724 acres; 1880, 6,375,706 acres. + +[667] 1860, $7,433,178; 1890, $4,511,645; 1900, $8,675,900. + +[668] Which must be reduced by one-fifth for depreciated currency. + +[669] See Census Bulletin, No. 155, 12th Census. + +[670] Census, 1860 and 1900; Miller, "Alabama," p. 235. + +[671] _N. Y. Times_, Nov. 2, 1865 (Truman). + +[672] The explosion was caused by fire reaching the ordnance stores left +by the Confederate troops. One of the cotton agents claimed that 9000 +bales of cotton were destroyed for him in the explosion. But the +government held otherwise. It was charged, without satisfactory proof, +that the cotton agents caused the explosion to cover their shortage. + +[673] "Northern Alabama Illustrated," p. 321. + +[674] "Northern Alabama Illustrated," p. 427. + +[675] M. G. Molinari, "Lettres sur les États-Unis et le Canada," p. 233; +Somers, "Southern States," pp. 181, 183. + +[676] Somers, "Southern States," p. 114; Ho. Ex. Doc., No. 114, 39th +Cong., 1st Sess. + +[677] John Hardy, "History of Selma," pp. 51, 52; Reid, "After the War," +pp. 211, 214, 222, 371; Miller, "Alabama," pp. 233-235; Ho. Mis. Doc., No. +114, 39th Cong., 1st Sess. (Patton to Congress); _N. Y. Times_, Nov. 2, +Oct. 31, and Aug. 17, 1865; Riley, "History of Conecuh County"; Riley, +"Baptists of Alabama," pp. 304, 305; Brewer, "Alabama," pp. 65, 69; Brown, +"Alabama," pp. 254, 256; DuBose, "Alabama," pp. 114, 115; "Our Women in +the War," p. 277 _et seq._ + +[678] Somers, "Southern States," p. 115. + +[679] Somers, "Southern States," p. 115. + +[680] Somers, "Southern States," p. 114. + +[681] Reid, "After the War," pp. 222, 371; Ball, "Clarke County," p. 294; +Riley, "Baptists of Alabama," pp. 304-305; _N. Y. Times_, Oct. 31, 1865; +_N. Y. Herald_, July 23, 1865. + +[682] An indignant northern newspaper correspondent appealed to the +military authorities to check this "rebellious discrimination," but +nothing was done. The railroad officials, as well as all other southern +people, were now suspicious of paper money. + +[683] Ho. Repts., Vol. IV, 39th Cong., 2d Sess., on "Affairs of Southern +Railroads"; Trowbridge, "The South," p. 451; Reid, "After the War," p. +212; Brewer, "Alabama," pp. 78, 79; Miller, "Alabama," pp. 141, 234; _N. +Y. World_, July 18, 1865; _Selma Times_, Jan. 25 and Feb. 2, 1866; _N. Y. +Times_, Oct. 31, 1865; April 25 and July 2, 1866; Berney, "Handbook of +Alabama"; Hodgson, "Alabama Manual and Statistical Register." + +[684] _N. Y. Herald_, June 17 and Aug. 30, 1865; Taylor, "Destruction and +Reconstruction," pp. 227, 228; Miller, "History of Alabama," p. 237; +McCulloch, "Men and Measures," p. 235. + +[685] _N. Y. Herald_, July 17 and 20, 1865; _N. Y. World_, July 20, 1865; +_N. Y. Times_, Aug. 17 and Dec. 27, 1865; Miller, "History of Alabama," +pp. 235, 237; Herbert, "The Solid South," pp. 18, 19; Ku Klux Rept., Ala. +Test., p. 451; oral accounts. + +[686] "Our Women in the War," p. 279; Riley, "Baptists of Alabama," pp. +304, 305. See also Elizabeth McCracken, "The Southern Woman and +Reconstruction," in the _Outlook_, Nov., 1903. + +[687] Miller, "History of Alabama," p. 238; Patton's Message, Jan. 16, +1866. + +[688] Brewer, "Alabama," pp. 205, 206. + +[689] _N. Y. Times_, Nov. 2, 1865 (Truman). + +[690] _N. Y. Herald_, Oct. 5, 1895; Report of Carl Schurz. + +[691] _Chicago Tribune_, (fall of) 1865, Montgomery correspondence. + +[692] Governor Patton's Message, Jan. 16, 1866. + +[693] Oral accounts; _Daily News_, Sept. 3, 1865 (Selma correspondence). + +[694] Ordinances, No. 4, Sept. 20, 1865, and No. 54, Sept. 30, 1865. + +[695] Reid, "After the War," pp. 351, 352; Ordinance, No. 43, Sept. 30, +1865. + +[696] _Daily Times_, Aug. 17, Nov. 2, and Dec. 27, 1865; Report of Carl +Schurz; oral accounts. + +[697] Report of the Freedmen's Bureau, Oct. 24, 1865; Patton's Message, +Jan. 16, 1866; Report of the Joint Committee on Reconstruction, Pt. III, +p. 140. + +[698] _N. Y. Times_, Oct. 10, 1865. See also Resolutions of Legislature, +1865-1866. + +[699] Joint Memorial and Resolutions of the General Assembly, in Acts of +Ala. (1865-1866), pp. 598-600. + +[700] Memorial and Joint Resolutions, Acts of Ala. (1865-1866), pp. +601-603. + +[701] Miller, "Alabama," p. 242. + +[702] _N. Y. Herald_, Dec. 15, 1865. + +[703] The wife of one of these officers was a notorious prostitute. + +[704] _Selma Times_, Feb. 22, 1866. + +[705] From Ms. account by a citizen of Greensboro. The young man who came +so near hanging was some years later a hotel proprietor in Birmingham and +created much newspaper discussion by ordering General Sherman to leave his +hotel. + +[706] See Mrs. Clayton, "White and Black Under the Old Régime," pp. +152-153. + +[707] Washington, "Up From Slavery," pp. 23, 24. + +[708] _Columbus_ (Ga.) _Sun_, Nov. 22, 1865; _The World_, July 20, 1865; +_N. Y. Herald_, July 23, 1865; Parsons's Speech, Cooper Institute, Nov. +13, 1865; Riley, "Baptists of Alabama," pp. 305, 307; Ball, "Clarke +County," p. 294; Herbert, "Solid South," pp. 19, 20; Miller, "History of +Alabama," Ch. CXLI; oral accounts. + +[709] _N. Y. Herald_, Aug. 27, 1865; _Mobile Register_, Aug. 16, 1865. + +[710] _Huntsville Advocate_, July 26 and Nov. 9, 1865; McTyeire, "History +of Methodism"; Riley, "Baptists of Alabama"; conversations with various +negroes and whites. + +[711] Hardy, "History of Selma," p. 85. + +[712] _DeBow's Review_, March, 1866. + +[713] + + Negro population in 1860 437,770 + Negro population in 1866 423,325 + ------- + Decrease 14,445 + +[714] Estimated 20,000--Census of 1866. + +[715] _Southern Mag._, Jan., 1874. Authorities as already noted and +_DeBow's Review_, March, 1866; _Montgomery Advertiser_, March 21, 1866; +Hardy, "History of Selma," p. 85; _N. Y. Times_, Oct. 31, 1865; +_Huntsville Advocate_, Nov. 9, 1865; _N. Y. Herald_, July 17, 1865; _N. Y. +News_, Sept. 7 and Dec. 4, 1865; Census of 1866 in _Selma Times and +Messenger_, March 24, 1868; Mrs. Clayton, "White and Black," pp. 152, 153; +"Our Women in the War"; Thomas, "The American Negro," p. 190; Report of +the Joint Committee, Pt. III, p. 140; B. C. Truman, Report to the +President, April 9, 1866; Carl Schurz, Report to the President, see Sen. +Ex. Doc., No. 2, 39th Cong., 1st Sess.; General Grant, Report to the +President, Sen. Ex. Doc., No. 2, 39th Cong., 1st Sess. + +[716] _Southern Mag._, Jan., 1874. + +[717] Protestant Episcopal Freedmen's Commission, Occasional Papers, Jan., +1866. + +[718] _N. Y. Times_, Aug. 17, 1865, Jan. 25, Feb. 12, and July 2, 1866; +_N. Y. Herald_, June 24, 1866; _The Nation_, Feb. 15 and April 19, 1866; +Reid, "After the War," pp. 369-371; Reports of Grant, Truman, and Schurz; +Report of the Joint Committee on Reconstruction (Fisk); Herbert, "Solid +South," p. 20; Paper by Petrie in Transactions Ala. Hist. Soc., Vol. IV, +p. 465. + +[719] Brown, "Alabama," p. 259. + +[720] _Montgomery Advertiser_, Dec., 1865, and Jan. 31, 1866; _N. Y. +Times_, Oct. 31 and Dec. 27, 1865; _N. Y. News_, Dec. 4, 1865; _N. Y. +Herald_, Dec., 1865, and Jan. 31, 1866; Ho. Ex. Doc., No. 70, 39th Cong., +1st Sess.; Ho. Mis. Doc., No. 42, 39th Cong., 1st Sess. (W. H. Smith); +Sen. Ex. Doc., No. 6, 39th Cong., 2d Sess. (Swayne's Report); Riley, +"Baptists of Alabama," p. 305; Trowbridge, "The South," p. 445; Miller, +"Alabama," pp. 228, 229; Somers, "South since the War," p. 134; +_Huntsville Advocate_, Nov. 23, 1865. + +[721] _Montgomery Advertiser_, Jan. 31, 1866. + +[722] Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.; Buckley's Report, Jan. +16, 1865; Report of John H. Hurst and A. B. Strickland, Oct. 4, 1865. + +[723] Swayne's Report, Oct. 31, 1866; R. T. Smith to Swayne, Jan. 6, 1866 +(in Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.); W. H. Smith, D. C. +Humphreys, and J. J. Giers, Memorial to Congress, Ho. Mis. Doc., No. 42, +39th Cong., 1st Sess.; Patton's Message, Jan. 16, 1866. + +[724] Report of M. H. Cruikshank, March, 1866. + +[725] Ho. Mis. Doc., No. 114, 39th Cong., 1st Sess; _National +Intelligencer_, Oct. 2, 1866. + +[726] _Huntsville Independent_, April 3 and 19, 1866; _Selma Times_, June +9, 1866; oral accounts. + +[727] W. Garrett to Swayne, Jan. 15, 1866, in Ho. Ex. Doc., No. 70, 38th +Cong., 1st Sess. + +[728] _Chicago Tribune_, June 2, 1866 (Correspondent at Bellefonte, +Jackson County); _Huntsville Independent_, April 3 and 19, 1866; Reports +of General Swayne, 1865-1866. + +[729] March 8, 1867, General Howard of the Freedmen's Bureau reported that +in Alabama there were 10,000 whites and 5000 blacks in a destitute +condition, and that during the next five months, owing to the failure of +the crops in 1866, there would be needed 2,250,000 rations valued at +$562,500, or 25 cents per ration. Sen. Ex. Docs., No. 1, 40th Cong., 1st +Sess. Report of Swayne, Oct. 31, 1866; Report of Com. Bureau, Nov. 1, +1867; G. O., No. 4, Hq. Dist. of Ala., Montgomery, Oct. 10, 1866. + +[730] Freedmen's Bureau Report, Oct. 24, 1868. + +[731] Swayne's Report, Nov., 1866; Sen. Ex. Doc., No. 6, 39th Cong., 2d +Sess.; Reid, "After the War," p. 221; Freedmen's Bureau Report, Nov. 1, +1866, Nov. 1, 1867, Oct. 2, 1868; and other authorities noted above. + +[732] These were general agents, supervising special agents, assistant +special agents, local special agents, agency aids, aids to the revenue, +customs officers, and superintendents of freedmen. Rules and Regulations, +July 29, 1864. Ho. Mis. Doc., No. 190, 44th Cong., 1st Sess. + +[733] Amended regulations, Sec. IV, March 30, 1865. + +[734] Rules and Regulations, Sec. IX, Treasury Department, May 9, 1865. +Renewed by Circular Instructions, May 16, 1865, and in force to June 30, +1865. In Alabama the regulation was enforced during the entire summer. Ho. +Rept., No. 83, 45th Cong., 3d Sess. + +[735] McPherson, "Reconstruction," p. 9. + +[736] Proclamations, June 13 and 23, 1865. + +[737] Proclamation, Aug. 29, 1865. + +[738] Wilson burned at Selma 32,000 bales, and at Columbus, Ga., 150,000 +bales, much of which came from Alabama. During the raid he destroyed +275,000 bales, 125,000 of which were burned in Alabama. The Confederates +destroyed at Montgomery 80,000 bales (other accounts say 97,000 and +125,000; see Greeley, Vol. II, p. 19). Government cotton was, of course, +the first destroyed, and there is no doubt but that nearly all of it was +burned either by the raiders or by the Confederates to prevent its falling +into the hands of the enemy. Cotton was also destroyed at Mobile and by +the Federal armies that came up from the South. + +[739] Report of A. Roane, Chief of the Produce Loan, C.S.A. Office, in Ho. +Mis. Doc., No. 190, 44th Cong., 1st Sess. + +[740] Roane then estimated that by April 1, 1865, the Confederacy owned in +all no more than 150,000 bales. Dr. Curry, a member of the Confederate +Congress, stated that only 250,000 bales were ever owned by the +Confederate government. "Civil History," pp. 115, 128. F. S. Lyon, when a +member of the Confederate Congress in 1864, found that the Confederacy had +a claim on about 150,000 bales scattered over ten states. Ku Klux Rept., +Ala. Test., 1426. + +[741] J. Barr Robertson, "The Confederate Debt and Private Southern +Debts," p. 25. + +[742] Ho. Ex. Doc., No. 78, 38th Cong., 1st Sess. (Chase). + +[743] Circular, Sept. 9, 1865. + +[744] Act, March 12, 1863. + +[745] Ho. Ex. Doc., No. 114, 39th Cong., 2d Sess.; Treasury Department +Doc., No. 2261. According to a decision of the Supreme Court in case of +Klein _vs._ United States (13 Wallace, 128), "disloyal" owners might +become "loyal" by pardon and thus have all rights of property restored. +This was the effect of proclamations of the President. "The restoration of +the proceeds [then] became the absolute right of persons pardoned." See +Ho. Repts., No. 784, 51st Cong., 1st Sess., and No. 1377; 52d Cong., 1st +Sess. The Attorney-General stated that "Congress took notice of the fact +that captures of private property on land had been made and would continue +to be made by the armies as a necessary and proper means of diminishing +the wealth and thus reducing the powers of the insurgent rulers," and that +after a seizure had been made there could be no question of whether the +usages of war were observed or violated, except through the courts; the +President and the Secretary of the Treasury had no discretion in the +matter. Ho. Ex. Doc., No. 114, 39th Cong., 1st Sess. According to the +opinion of the United States law officers, "No one who submitted to the +Confederate States, obeyed their laws, and contributed to support their +government ought to recover under the statute" of March 12, 1863, See Sen. +Ex. Doc., No. 22, 40th Cong., 2d Sess. + +[746] Secretary McCulloch to President of the Senate, Jan. 16, 1869. Sen. +Ex. Doc., No. 22, 40th Cong., 2d Sess., No. 37, 39th Cong., 25th Sess. + +[747] Department Circular, No. 4, Jan. 9, 1900; 15 Stats.-at-Large, p. +251. + +[748] See Ho. Mis. Doc., No. 16, 42d Cong., 2d Sess.; No. 12, 42d Cong., +3d Sess.; No. 23, 43d Cong., 1st Sess.; No. 18, 43d Cong., 2d Sess.; No. +30, 44th Cong., 1st Sess.; No. 4, 45th Cong., 2d Sess.; Nos. 10 and 30, +46th Cong., 2d Sess.; also Treasury Department Doc., No. 2261 (1901); +Department Circular, No. 4. Jan. 9, 1900. + +[749] Sen. Rept., No. 41, Pt. I, pp. 442, 445, 42d Cong., 2d Sess. + +[750] Ku Klux Rept., Ala. Test., p. 1941. + +[751] Curry, "Civil History Confederate States," pp. 115, 126, 128. See +testimony of Lieut.-Col. Hunter Brooke in Rept. Joint Committee on +Reconstruction, Pt. III, p. 115. + +[752] Whitelaw Reid, "After the War," p. 204. + +[753] Reid, "After the War," pp. 208, 209. + +[754] Miller, "Alabama," p. 236. + +[755] One who suffered writes from Selma: "Our cotton, the only thing left +us with which to buy the necessaries of life, was seized at the point of +the bayonet under the plea that it was Confederate cotton and that it was +being seized by the government for its own use, whereas it was taken by +the officers and sold, and the money put into their own pockets. It was +then worth $255 a bale. Gen. ---- commanded at this place, and he and his +staff coined money faster than a mint could turn it out." Judge B. H. +Craig. In July, 1865, a train of wagons at Talladega was sent to the +ginnery of Ross Green, at Alexandria, and 59 bales of cotton, Green's own +property, worth $100 a bale in gold, were carried off. Miller, p. 236. + +[756] Testimony in Rept. of Joint Committee on Reconstruction, Pt. III, p. +115; Ku Klux Rept., Ala. Test., p. 1426. F. S. Lyon said that the people +would have been better reconciled to the confiscation had the cotton been +sold for the benefit of the United States, but it was plainly stolen by +the agents and the army, and they began to resist in every way. Some of +them concealed Confederate cotton; some stole from the government, some +from the agents what the latter had stolen from them; some went into +partnership with the agents. No one believed that any one except the +original owner had a right to the cotton, and they did anything to get +even. + +[757] Miller, p. 236; _N. Y. Times_, March 2 and Aug. 30, 1865. In the +Black Belt the United States military authorities collected the +tax-in-kind which had been levied by the Confederate authorities but not +collected. One planter had to pay one thousand bushels of corn, two +barrels of syrup, and smaller quantities of other produce. From those who +refused to pay the tax was taken forcibly. See Ku Klux Rept., p. 446 (F. +S. Lyon). + +[758] Ho. Mis. Doc., No. 30, 46th Cong., 2d Sess. + +[759] Trowbridge, "The South," p. 447; Reid, "After the War," pp. 208, +209, 375; _N. Y. Times_, Aug. 30, 1865; _N. Y. Herald_, June 23, 1865. + +[760] _N. Y. Times_, Aug. 30 and Nov. 2, 1865; _De Bow's Review_, 1866; +oral accounts. + +[761] McCulloch, "Men and Measures," pp. 234, 235. + +[762] Sen. Rept., No. 41, Pt. I, 42d Cong., 2d Sess., pp. 442-445. + +[763] The minority Ku Klux Report asserted that it was a well-known fact +that Draper when appointed cotton agent was a bankrupt, and that when he +died he was a millionnaire. + +[764] The cotton secured in this way was, it was claimed, sold as "waste," +"trash," or "dog tail" to some friend of the agent, who would divide with +the latter. + +[765] All freight, agency, auctioneer, insurance, storage, etc., charges, +and fees for legal advice, were charged against the cotton, and had to be +paid before it was restored. + +[766] Probably Draper was correct here. The agents would consign to him +all cotton that they felt sure the government had record of, and the rest +they sold for their own benefit. + +[767] Ho. Mis. Doc., No. 190, 44th Cong., 1st Sess. + +[768] Secretary McCulloch to President of the Senate, March 2, 1867, in +Sen. Ex. Doc. No. 37, 39th Cong., 2d Sess. In this way, during the summer +of 1865, $616,844.34 was restored to owners, and to the end of 1866 +$1,018,459.83 was restored. Most of the owners lived in Alabama and +Louisiana. + +[769] See Brewer, p. 375, and Garrett, p. 587. Lyon was one of the most +useful, reliable, and respected public men of Alabama and his account is +entitled to confidence. He had been a lawyer, clerk of the senate, +senator, member of Congress, state bank commissioner, presidential +elector, member Confederate Congress, etc. + +[770] Letter to F. P. Blair, in Sen. Rept., No. 41, Pt. I, p. 445, 42d +Cong., 2d Sess. + +[771] Under the reconstruction government Dustin held the office of +major-general of militia. + +[772] See Ku Klux Rept., pp. 444-446. Letter of F. S. Lyon to General +Blair. Also Ku Klux Rept., Ala. Test., pp. 1410-1426, 1661. + +Lyon had been agent for the Confederate Produce Loan, and consequently +knew what was government cotton and what was not. After the war he acted +as attorney for those whose cotton was unlawfully seized. The general +officers commanding in his district approved his conduct, but he was hated +by the cotton agents, who frequently complained of his "rebellious +conduct." Lyon tried to save even the cotton pledged to the Confederacy, +on the ground that the promise or sale had not been completed and that the +transaction was void from the beginning, and that the right of capture did +not exist after the close of the war. + +[773] Ho. Mis. Doc., No. 190, 44th Cong., 1st Sess., p. 146. + +[774] Calculation based on subscriptions to Produce Loan. Most of it had +been destroyed. + +[775] _N. Y. Times_, June 2, 1865; _Huntsville Advocate_, May 26, 1866. +Report of Grand Jury. + +[776] _N. Y. Times_, June 2, 1866. + +[777] Worth $500,000, at the lowest price. + +[778] G. O., No. 55, Department of Ala., Oct. 30, 1865; G. O., No. 8, +Department of Ala., Feb. 14, 1866; Ms. records in War Department archives. +For years these men were in prison while their friends were working to +secure their release. The principal arguments for Dexter's release were +the virtue of his wife's relations in New England and the illegality of +the trial before the military commission in time of peace. Judging from +the tone of the indorsements he was probably released, though there is no +record of the fact in the archives. The manuscript proceedings of the +trial show that thousands of bales of cotton had been "spirited away," but +everything was in such a state of confusion that little could be plainly +proven against the agents. Only one thing was certain, "that much more +cotton was seized for the government than was received by the government." +The investigation was hushed up as soon as possible; too many were +implicated. + +[779] Sen. Rept., No. 41, Pt. I, pp. 442, 445, 42d Cong., 2d Sess. This +estimate is probably too large for both numbers. + +[780] "Civil History, Confederate States," pp. 115, 128. + +[781] Sen. Ex. Doc., No. 37, 39th Cong., 2d Sess. + +[782] Sen. Ex. Doc., No. 56, 40th Cong., 2d Sess. + +[783] Sen. Rept., No. 41, Pt. I, p. 444, 42d Cong., 2d Sess. + +[784] After which date confiscation was forbidden by Treasury regulation. + +[785] An example of the way charges were piled up: A lot of 448 bales of +cotton was seized in Eufaula, Alabama, and shipped to New York, _via_ +Appalachicola. The expenses were:-- + + Expenses to and at Appalachicola $24,264.85 + Freight 4,164.69 + Expenses at New York 2,500.05 + Information and collecting 30,893.31 + --------- + Total expenses 61,822.90 + Gross proceeds of sale 78,352.56 + Net proceeds of sale 16,529.66 + +Sen. Ex. Doc., No. 23, 43d Cong., 2d Sess. + +The following cotton statistics show how the Mobile agents ran up +expenses:-- + + J. R. Dillon, 1st Agency: Cotton sales $57,033.66 + Total proceeds of all sales 129,076.33 + Expenses, total 64,350.01 + + S. B. Eaton, 1st Agency: Cotton sold 15,963.01 + Total receipts 27,799.48 + Total expenses 27,799.48 + + T. C. A. Dexter, 9th Agency: Cotton sold 39,945.39 + Total receipts 783,152.62 + Expenses 485,137.77 + + J. M. Tomeny, 9th Agency: Cotton sold 14,159.51 + Total receipts 208,185.63 + Expenses 208,185.63 + + Total expenses of every kind amounted to 6,546,000.95 + + On receipts of 34,396,189.95 + + Of which cotton sold for 29,518,041.17 + +[786] Sen. Ex. Doc., No. 56, 40th Cong., 2d Sess. + +[787] Ho. Ex. Doc., No. 97, 39th Cong., 2d Sess. + +[788] See Ku Klux Rept., pp. 443-446; Sen. Ex. Doc., No. 37, 39th Cong., +2d Sess.; Ho. Ex. Doc., No. 97, 39th Cong., 2d Sess.; Ho. Ex. Doc., No. +113, 41st Cong., 2d Sess.; Sen. Ex. Doc., No. 23, 43d Cong., 2d Sess.; +Department Circular, No. 4, Jan. 9, 1900. + +[789] Department Circular, No. 4, Jan. 9, 1900; Sen. Ex. Doc., No. 23, 43d +Cong., 2d Sess. There are imperfect records of only two Alabama agencies, +which reported a certain number of bales seized. The other agencies did +not report their operations in Alabama. The agents not reporting were: J. +R. Dillon, H. M. Buckley, S. B. Eaton, E. P. Hotchkiss, L. Ellis, A. D. +Banks, James and Ellis Carver, and perhaps others. None of the numerous +collecting agents made reports or kept records. In 1876, thirty-three +cotton agents were defaulters to the United States, one man owing the +United States $337,460.44. Of these, sixteen were not to be found +anywhere. Four of the defaulters had operated in Alabama. These men were +by their own records defaulters--having failed to turn over to the +government the proceeds of sales they had reported. Ho. Mis. Doc., No. +190, 44th Cong., 1st Sess. + +[790] In addition to the tax of twenty-five per cent on purchases of +cotton levied by a Treasury regulation during the war and in force during +1865. Treasury regulations, May 9, 1865. See also President's +proclamation, in McPherson, "Reconstruction," p. 9. + +[791] Governor Patton, in his message of Nov. 12, 1866, stated that the +cotton tax of three cents a pound was oppressive and unjust, a burden on +the farmers and on the laborers also; that the tax went into the United +States Treasury and then passed into the hands of the manufacturers as a +gratuity of three cents per pound; that there was no way of getting the +ruinous tax raised or lightened unless by an appeal in the form of a +petition; that the people of Alabama had no voice in the government; that +this "law paralyzes our energies and represses the development of our +resources and is injurious to the whole country." Governor's Message, +House Journal, 1866-1867, p. 21. + +[792] Twenty states and territories are not included in these sums, as no +reports were received from them. Ho. Ex. Doc., No. 181, 42d Cong., 3d +Sess., and Sen. Ex. Doc., No. 2, 39th Cong., 2d Sess. + +[793] Ho. Ex. Doc., No. 181, 42d Cong., 3d Sess. + +[794] Ho. Ex. Doc., No. 47, 39th Cong., 1st Sess.; Ho. Ex. Doc., No. 181, +42d Cong., 3d Sess. + +[795] $54,191,229 in 1870. + +[796] Ho. Ex. Doc., No. 181, 42d Cong., 3d Sess. + +[797] The cotton tax was justified on the ground that while Alabama had +paid $14,200,982 from 1862 to 1872, New Jersey had paid a total tax of +$48,528,298, the two states having very nearly the same population. But no +account was taken of the fact that for four years no tax was collected +from Alabama by the United States, while nearly all of the movable wealth +was destroyed during the war, and that in 1865 property was almost +non-existent in Alabama. New Jersey, however, was a rich state. Alabama +had besides paid an enormous war tax and had been looted of millions of +dollars' worth of cotton. And in Alabama there were 500,000 negroes who +paid no tax, while most of the population of New Jersey were taxpayers. +Ho. Ex. Doc., No. 181, 42d Cong., 3d Sess. + +[798] Ho. Ex. Doc., No. 34, 39th Cong., 1st Sess. + +[799] Sen. Mis. Doc., No. 100, 39th Cong., 1st Sess. (A. A. Low, Chairman +of Committee of the N. Y. Chamber of Commerce). + +[800] Ku Klux Rept., Ala. Test., pp. 383, 403 (General Pettus); Journal of +the Convention of 1867. + +[801] See Saunders, "Early Settlers," p. 31 (Reverdy Johnson to Saunders). +Jan. 18, 1872, the Alabama legislature (Republican Senate and Democratic +House) memorialized Congress, asking to have the cotton tax refunded to +the impoverished people, and stating that the tax was "most unjust and +oppressive, a direct tax upon industry"; that to refund the tax would be +"evenhanded but tardy justice." Acts of Ala., 1871-1872, pp. 445-446. A +similar petition was made on Feb. 23, 1875. Acts of Ala., 1874-1875, p. +674. + +[802] In December, 1903, Representative J. S. Williams of Mississippi +introduced a measure in Congress to refund the amount of the cotton tax to +the southern states. + +[803] It is difficult to understand now how thoroughly the Confederate +soldier realized that the questions at issue were decided against him. But +that it was a crime to have been a Confederate soldier, he did not +understand. See also testimony of John B. Gordon and of Edmund W. Pettus +in the Ku Klux Testimony. + +[804] A neglected point of view is the attitude of the Confederate +soldier. He had surrendered with arms in hand, and certain terms had been +made with him, as he thought, a contract, embodied in the parole. This he +believed secured his rights in return for laying down arms, and that as +long as he was law-abiding his rights were to be inviolate. He was well +pleased with the "spirit of Appomattox," but nearly all that happened +after Appomattox was in violation, he felt, of the terms of surrender. The +whole radical programme was contrary to the contract made with men who had +arms in their hands. Lee had decided that there should be no guerilla +warfare, and in return certain moral obligations rested on the North. See +the statements of General (now Senator) Edmund W. Pettus, in Ku Klux +Rept., Ala. Test., pp. 377, 383, and of General John B. Gordon, in Ga. +Test., pp. 314, 332, 333, 343. + +[805] See "Our Women in the War," p. 280; Ball, "Clarke County," p. 463; +Le Conte, "Autobiography," p. 236. + +[806] _N. Y. Herald_, June 17 and Aug. 30, 1865; _N. Y. Times_, Aug. 17 +and Oct. 31, 1865; Mrs. Clay, "A Belle of the Fifties"; _Nation_, Feb. 15, +1865; oral accounts; Clayton, "White and Black under the Old Régime." + +[807] Letter concerning affairs at the South, Dec. 18, 1865, Sen. Ex. +Doc., No. 2, 39th Cong., 2d Sess.; McPherson, "Reconstruction," p. 67. +General Grant's conclusions were undoubtedly correct, but they evidently +could not be based on the information gathered in a week's journeying +through the South. This gave the Radicals an opportunity to attack his +report as being based on insufficient information. But General Grant knew +the men against whom he had fought, he had talked with many of the +representative men of the South, and through military channels was well +informed as to actual conditions at the South. + +[808] Report of Carl Schurz, Sen. Ex. Doc., No. 2, 39th Cong., 1st Sess. +Schurz made a journey of more than two months through the southern states. +Judging from the testimony which he submits, his confidence must have been +confined to the officers of the Freedmen's Bureau. As a foreigner (a +German), he would not be able, even if so inclined, to ascertain anything +of the sentiments of the representative people. However, his report was +evidently not based entirely on the evidence submitted with it; if it had +been, it would have been even more unfavorable. In _McClure's Magazine_, +January, 1904, Schurz has an article which is practically a rewriting of +this report made nearly forty years before. He repeats some of the same +stories told him then, and endeavors to reconcile his attitude in +1865-1866 with his course as a Liberal Republican in 1871-1872. + +[809] Report of Benjamin C. Truman to the President, April 9, 1866, Sen. +Ex. Doc., No. 43, 39th Cong., 1st Sess.; _N. Y. Times_, March 2, 1865. +Truman spent two months in Alabama, and saw many prominent men whom Schurz +did not see, and came in contact with thousands of other citizens. His aim +was to picture conditions as they were. The newspaper correspondents, +regardless of politics, gave better accounts than the volunteer officers, +who had little training or education and much prejudice. + +[810] See Blaine, Vol. II, p. 127. + +[811] The sub-committee: Senator Harris (New York) and Senator Boutwell +(Massachusetts) and Morrill (Vermont) from the House. + +[812] Smith and Humphreys. + +[813] J. J. Giers. + +[814] M. J. Saffold. He was pardoned by President Johnson for that +offence. + +[815] George E. Spencer, Colonel 1st Alabama Union Cavalry. + +[816] The witnesses who furnished testimony to the Congressional committee +were:-- + + ================================================================== + NAME | NATIVITY | REMARKS + ------------------------------|----------------|------------------ + 1. Warren Kelsey | Massachusetts | Cotton speculator + 2. General Edward Hatch | Iowa | Volunteer army + 3. General George E. Spencer | Iowa | Volunteer army + 4. William H. Smith | Alabama | Deserter + 5. J. J. Giers | Alabama | Tory + 6. Mordecai Mobley | Iowa | + 7. General George H. Thomas | Virginia | U. S. Army + 8. General Clinton B. Fisk | North | Freedmen's Bureau + 9. M. J. Saffold | Alabama | "Union" man + 10. D. C. Humphreys | Alabama | Deserter + 11. Colonel Milton M. Bane | Illinois | Volunteer army + 12. General Joseph R. West | California | Volunteer army + 13. Colonel Hunter Brooke | North | Volunteer army + 14. General Grierson | Illinois | Volunteer army + 15. General Swayne | North | Freedmen's Bureau + 16. General C. C. Andrews | Minnesota | Volunteer army + 17. General Chetlain | Illinois | Volunteer army + 18. General Tarbell | North | Volunteer army + ================================================================== + +[817] One of these men (W. H. Smith) became the first scalawag governor of +Alabama, another (George E. Spencer) became a United States senator by +negro votes, the third (Giers) was provided for in the departments at +Washington, the fourth (Saffold) became a circuit judge in Alabama, and +the fifth (Humphreys) a judge of the Supreme Court of the District of +Columbia. See Herbert, "The Solid South," pp. 19, 20. + +[818] Testimony of General Swayne, Report of the Joint Committee on +Reconstruction, 1866, Pt. III, pp. 138-141. + +[819] Other witnesses gave, in some respects, more favorable testimony, +though most of them were very much more bitter. General Swayne showed no +bias except the natural bias of one who did not understand the people, and +who had no sympathy with any of the southern social or political +principles. Of the northern men he was the best qualified by experience +and observation to testify as to conditions in the South. He was an +intelligent, educated man, trained in the law, and had a good military +record. Most of the others were distinctly below his standard,--ignorant, +prejudiced officers of volunteers from the West. + +[820] General Swayne was in Alabama nearly three years as the head of the +unpopular Freedmen's Bureau, and his accounts, from first to last, of +conditions in Alabama were marked by a fairness which can be found in but +little of the official correspondence from the South. He believed in the +Freedmen's Bureau, in negro suffrage, and in the political proscription of +white leaders; but his feelings influenced his judgment but little, and, +unlike other Bureau officials, he never made misrepresentations. + +[821] _The Nation_, Feb. 15, 1866. + +[822] _Huntsville Advocate_, July 26, 1865. + +[823] Herbert, "Solid South," pp. 29, 30; _Atlantic Monthly_, Feb., 1901. + +[824] See Memorial of William H. Smith, J. J. Giers, and D. C. Humphreys +to Congress, Feb., 1866, in Ho. Mis. Doc., No. 42, 39th Cong., 1st Sess. +Testimony of the same and of M. J. Saffold in Report of Joint Committee on +Reconstruction, 1866; letter of D. H. Bingham from West Point, New York; +Reid, "After the War," _passim_. + +[825] See Le Conte, "Autobiography," p. 236; Montgomery correspondent in +_N. Y. Daily News_, May 7, 1866. + +[826] A newspaper correspondent, the guest of ex-Governor C. C. Clay, +wrote: "While the Yankee boldly marched in at the front door into his +[Clay's] parlors and best chambers to dream loyal dreams and rest now that +the warfare's o'er, the quondam aristocrat [a son of ex-Governor Clay, +editor of a paper in Huntsville, had been outlawed for his sentiments +during the occupation of north Alabama by the Federal troops and was in +hiding] must plod around to the rear and there eat the (corn) bread of mad +passion weighed down with mad remorse." Letter from a travelling +correspondent of the _N. Y. Times_, Aug. 17, 1865. The _Times_ usually had +very little of such correspondence. The _Times_, the _Herald_, and the +_World_ had good correspondents in the South, especially during +Reconstruction. + +[827] An old Alabama river steamboat captain had had his boat burned by +Wilson, but had secured another. The Federal army regarded him as a most +unmitigated "rebel." He would play "Dixie" in spite of all prohibitions. +He was finally arrested on a more serious charge. + +"What do you answer to the charge against you?" + +"Faith, an' which one?" + +"That you refuse to take the bodies of dead Federal soldiers on your boat +to Montgomery." + +"No, no, that's not true. God knows it would be the pleasure of my life to +take the whole Yankee nation up the river _in that same fix_." "Our Women +in the War," p. 281. + +Colonel Robert McFarland returned to Florence in the only suit he +possessed--a gray uniform. He was peremptorily ordered by the Federal +officers not to wear it. He was in a quandary until a friend secured a +long linen duster for him to wear. "Northern Alabama," p. 291. + +[828] Gen. T. Kilby Smith, on Sept. 14, 1865, in Mobile, made a statement +for Carl Schurz in which he asserted that one of the most intelligent, +well-bred, pious ladies of Mobile wanted the military authorities to whip +or torture into a confession of theft two negroes whom she suspected of +stealing. She considered it a hardship, he said, that a negro might not be +whipped or tortured in order to force a confession, when there was no +evidence against him. "I offer this," he wrote, "as an instance of the +feeling that exists in all classes against the negro." See Doc. No. 9, +accompanying the report of Schurz. + +[829] I have seen a coarse article reflecting on the character of southern +women originally published in the _Tribune_ and copied in a small Alabama +paper each issue for several weeks. It asserted in thinly veiled terms +that many of the young southern women were too intimate with negro men; +the solution of the race question by amalgamation was asserted as sure to +come; details of such a solution were suggested, and examples of what was +taking place were cited. + +[830] General Terry attempted to explain the condition of affairs by +saying that the results of the war were but the legitimate consequence of +a conflict between an inferior and a superior race. "Land We Love," Vol. +IV, p. 243. Gen. T. Kilby Smith, in September, 1865, complained that +Federal officers were not received in society in Mobile. General Wood, he +said, had been six weeks in Mobile, "ignored socially and damned +politically"; and this, he said, in a community which before the war was +considered one of the most refined and hospitable of all the southern +maritime cities, the favorite home of army and naval officers. Doc. No. 9, +accompanying the report of Schurz. + +[831] In addition to references cited above, see also _Huntsville +Advocate_, March 9 and 23, July 26, 1865; Ho. Mis. Doc., No. 42, 39th +Cong., 1st Sess.; Sen. Mis. Doc., No. 43, 39th Cong., 1st Sess. (Truman); +Reid, "After the War," pp. 211, 212, 218, 219; "The Land We Love," +_passim_; "Our Women in the War," p. 279 _et passim_; Abbott, "The Rights +of Man," pp. 224-226; Clayton, "White and Black," pp. 150-152; Clay, "A +Belle of the Fifties"; Straker, "The New South Investigated," pp. 24, 57; +Report of the Joint Committee, 1866, Pt. III; _N. Y. Daily News_, April +16, 1864, and Dec. 4, 1865; Reports of Schurz, Truman, and Grant; Reports +of the Freedmen's Bureau; _Southern Magazine_, 1874 (DeLeon); _N. Y. +Times_, Oct. 31, 1865; _N. Y. Herald_, July 23, 1865; Miller, "Alabama," +pp. 233-251; Columbus (Ga.) _Sun_, March 22 and April 19, 1865; _The +Nation_, Feb. 15, 1866; Ku Klux Rept., Ala. Test., _passim_; +Reconstruction articles in _Atlantic Monthly_, 1901. + +[832] Trowbridge, "The South," p. 448. + +[833] Thomas W. Conway, of the Freedmen's Bureau, who passed through the +state in 1866, stated that there were men in Alabama who, rather than sell +their lands to northern men or borrow money in the North, would see their +plantations lie waste, and before they would hire their former slaves as +free laborers they would starve. The spirit of hatred toward northern men +was universal, he said. Report to Chamber of Commerce, New York, June 7, +1866. + +[834] Jan. 17, 1867, the state legislature declared that the reports +published in the northern papers that it was unsafe for northern men to +reside in Alabama were false. The lower house declared that "we, in the +name of the people of Alabama, most cordially invite skilled labor and +capital from the world, and particularly from all parts of the United +States, and pledge the hearty coöperation and support of the state." +Annual Cyclopædia (1867), p. 15. For several years every inducement was +offered by the planters to encourage immigration to the Black Belt. As +late as 1869 immigration conventions were held. Annual Cyclopædia (1869), +p. 10. During 1865 the north Alabama "unionists" hoped to see northern +white men come in and take the place of the negroes. _The Nation_, Aug. +17, 1865. + +[835] Report of Truman, Sen. Ex. Doc., No. 43, 39th Cong., 1st Sess.; Reid +"After the War," _passim_; Trowbridge, "The South," p. 448; _N. Y. Times_, +Nov. 10, 1865, July 2 and Oct. 31, 1866; General Swayne's testimony, +Report Joint Committee, Pt. III, p. 141; General Tarbell's testimony, +Report Joint Committee, Pt. III, pp. 155, 156. + +[836] Report Joint Committee, 1866, Pt. III, pp. 139-141. + +[837] In addition to the above references, see _The World_, Nov. 13, 1865; +_N. Y. Times_, July 2 and Sept. 9, 1866; _N. Y. Herald_, July 23 and Aug. +28, 1865 (Swayne); Truman's Report, April 9, 1866; Swayne's Report, Jan., +1866; _Harper's Monthly Magazine_, Jan., 1874. + +[838] Pastoral Letters, May 30 and June 20, 1865. + +[839] Perry, "History of the American Episcopal Church," Vol. II, p. 328 +_et seq._; Whitaker, "The Church in Alabama," pp. 172-175; _N. Y. Herald_, +Sept. 4, 1865; Wilmer, "The Recent Past from a Southern Standpoint," p. +143. Gen. T. Kilby Smith said that Wilmer had great influence among the +better class of people, especially the women. Doc. No. 9, accompanying the +report of Carl Schurz. + +[840] Perry, "History of the American Episcopal Church," Vol. II, p. 328 +_et seq._; Whitaker, pp. 175, 176; Wilmer, pp. 143-145. + +[841] Whitaker, p. 177; Wilmer, "Recent Past," p. 145. A copy of the order +was also found in the War Department archives. + +[842] Pastoral Letter, Sept. 28, 1865. + +[843] Whitaker, pp. 180, 181; Wilmer, pp. 145, 146; _Montgomery Mail_, +Oct. 2, 1865. + +[844] Whitaker, p. 182; Wilmer, p. 146; Copy of order in War Department +archives. Republished on G. O. 2, Jan. 10, 1866, Hq. Dept. Ala., Mobile. + +[845] Whitaker, p. 186; _Mobile Register_, Jan. 9, 1866; _Montgomery +Mail_, Jan. 19, 1866. + +[846] Annual Cyclopædia (1865), p. 25; Wilmer, pp. 147-152; Whitaker, pp. +189-194; Perry, Vol. II, p. 328 _et seq._ The northern conferences of the +Methodist Protestant Church returned in 1877 to the southern organization. +See "Statistics of Churches," p. 566. + +[847] See Messages and Papers of the Presidents, Vol. X, p. 562. + +[848] See Dunning, "Essays on the Civil War and Reconstruction," pp. +100-103. + +[849] McPherson, "Reconstruction," pp. 121, 122, 504, 505. + +[850] Taylor, "Destruction and Reconstruction"; Report of Joint Committee +on Reconstruction, Pt. III, pp. 15, 60. + +[851] See Dunning, "Essays," pp. 103-104. + +[852] With only two dissenting votes. + +[853] Some of these were southerners who were about to withdraw. + +[854] _Cong. Globe_, July 22, 24, 25, 1861. + +[855] _Cong. Globe_, Dec. 5, 1862. + +[856] Messages and Papers of the Presidents, Vol. VI, pp. 5-12. + +[857] Proclamation, Dec. 8, 1863, in Messages and Papers of the +Presidents, Vol. VI, p. 213. + +[858] Proclamation, July 8, 1864, Messages and Papers of the Presidents, +Vol. VI, p. 223. + +[859] Lincoln to Reverdy Johnson, Nicolay and Hay, p. 349. + +[860] Nicolay and Hay, Vol. IX, p. 457; Vol. X, p. 123. + +[861] Nicolay and Hay, Vol. VIII, p. 434. + +[862] Message, Dec. 4, 1865, in Messages and Papers of the Presidents, +Vol. VI, p. 379. + +[863] _Cong. Globe_, Feb. 11, 1862. + +[864] _Atlantic Monthly_, Oct., 1863. + +[865] _Globe_, Feb. 25, 1865, and Dec. 4, 1865. See Henry Adams, +"Historical Essays." + +[866] Speeches in the _Globe_, 1865-1867. + +[867] _Globe_, Aug. 2, 1861. + +[868] _Globe_, Jan. 8, 1863. + +[869] _Globe_, Jan. 22, 1864. + +[870] _Globe_, Jan. 8, 1863. + +[871] _Globe_, Dec. 4, 1865, March 10, 1866; Taylor, "Destruction and +Reconstruction," p. 244. + +[872] See also Dunning, "Essays," pp. 106-108. + +[873] See Dunning, "Essays," pp. 99-112; Texas _versus_ White (1869), 7 +Wallace 700; Scott, "Reconstruction during the Civil War"; McCarthy, +"Lincoln's Plan of Reconstruction"; Burgess, "Reconstruction and the +Constitution," pp. 1-143. + +[874] _N. Y. Times_, April 4, 1865. + +[875] Elected in 1863. + +[876] Testimony of M. J. Saffold, Report Joint Committee, 1866, Pt. III, +p. 60. The "union" men greatly exaggerated the strength of the "union" +sentiment in the state during the war and their individual part in the +peace movement. This was necessary in order to secure recognition as +representatives of a strong "union" element. When the plan of the +President was so modified as to leave them in their natural position of no +influence, they became very bitter against it and played the martyr act to +perfection. + +[877] Testimony of J. J. Giers, Report Joint Committee, Pt. III, p. 15; O. +R., Ser. I, Vol. XLIX, Pt. II, pp. 473, 485, 505, 506. + +[878] See pp. 143-148. + +[879] O. R., Ser. I, Vol. XLIX, Pt. II, p. 560. + +[880] Judge Byrd was elected to the Supreme Court in 1865. He was a +distant relative of Colonel William Byrd, of Westover, Va., Esq. Brewer, +p. 224. + +[881] General C. C. Andrews, in O. R., Ser. I, Vol. XLIX, Pt. II, p. 727; +_N. Y. Commercial Advertiser_, May 27, 1865; _N. Y. Tribune_, June 2, +1865. + +[882] There were present: Ex-Gov. John G. Shorter, M. A. Baldwin +(Attorney-General, Brewer, p. 445), W. B. Bell, A. B. Clitherall (Brewer, +p. 479), all of whom had been ardent secessionists, and L. E. Parsons (see +p. 143), Col. J. C. Bradley, Col. J. J. Seibels (Brewer, p. 459; see p. +143), W. J. Bibb, J. G. Strother, M. J. Saffold (Brewer, p. 215), George +Goldthwaite (Brewer, p. 451, A. and I. General). It was a fairly +representative body of government officials and "stay-at-homes." + +[883] Garrett, p. 166. Reese was a "Union" man. + +[884] _N. Y. Commercial Advertiser_, May 27, 1865; _N. Y. Tribune_, June +2, 1865; _Montgomery Mail_, May 12, 1865. The members of the committee +which went to Washington were: Joseph C. Bradley, L. E. Parsons, M. J. +Saffold, Lewis Owen, George S. Houston, James Birney, W. J. Bibb, John M. +Sutherlin, Albert Roberts, Luke Pryor. None of the committee had been +secessionists. Reese had been a "Union" man, Saffold a "political agent." +W. J. Bibb had made a visit to Washington during the war and had a +consultation with Lincoln. Parsons was a "Union" man. Houston and Pryor +(see Brewer, pp. 324, 326) were neither "Union" nor "secessionist," but +"constitutional." The others were unknown to public life. + +[885] Formerly colonel of the 48th Alabama Infantry. + +[886] _N. Y. Daily News_, May 29, 1865. + +[887] O. R., Ser. I, Vol. XLIX, Pt. II, p. 826. + +[888] O. R., Ser. I, Vol. XLIX, Pt. II, p. 971. + +[889] O. R., Ser. I, Vol. XLIX, Pt. II, pp. 810, 854, 877. + +[890] Member of Congress, Confederate colonel of the 36th Alabama, former +Whig. Brewer, p. 425. + +[891] Former Whig, Adjutant and Inspector-General during the war. Brewer, +p. 397. + +[892] _N. Y. Herald_, June 15, 1865. + +[893] _N. Y. World_, June 13, 1865. The absence of the old names in all +these movements is noticeable. The old leaders had been strongly in favor +of the Confederacy and now took back seats while smaller men came forward. +They never came into power again. + +[894] _Huntsville Advocate_, July 19, 1865. + +[895] In one of the mountain counties, but the exact location was never +named in any of the accounts of the convention. + +[896] _N. Y. Herald_, June 17, 1865. + +[897] He represented Talladega in the convention of 1867. + +[898] See above, p. 125. + +[899] Parsons, Bradley, Houston, Nicholas Davis, Pryor, Saffold, Bibb, +Roberts, etc. + +[900] Letter in _N. Y. Herald_, June 17, 1865. + +[901] See McPherson, "Rebellion," p. 286. + +[902] The _Mobile Register_ and _Advertiser_ (John Forsyth, editor) +supported the President's policy: "The states were never out of the +Union"--July 18, 1865. The _Huntsville Advocate_, July 19, said, "The +presidential policy is simple, direct, and emphatic." Henry W. Hilliard, +General Cullen A. Battle, Ex-Governors Shorter, Moore, Watts, and +Fitzpatrick declared that there would be no opposition but a hearty effort +"to get straight." + +[903] Lilian Foster, "Andrew Johnson: Services and Speeches," pp. 199, +210, "Address to Loyal Southerners," April, 1865. + +[904] There is little reason to believe that Lincoln could have succeeded +in the struggle with Congress. + +[905] See Foster, "Andrew Johnson," for change of feeling in Johnson as +expressed in his speeches in 1865 and 1866. + +[906] "President Tamers" the Radicals called them. + +[907] McCulloch, p. 517 and Preface; _Nation_, Oct. 26, 1865; Mayes, "L. +Q. C. Lamar"; Reid, "After the War," pp. 404, 405, 578; _Mobile Register +and Advertiser_, July 18, 1865; _Huntsville Advocate_, July 18, 1865. + +[908] McPherson, p. 10; Messages and Papers of the Presidents, Vol. VI, p. +310. + +[909] McPherson, p. 10. + +[910] G. O., Nos. 5, 13, and 14, Department of Alabama, 1865. + +[911] _N. Y. Herald_, June 21, 1865; Brewer and Garret, _sub. nom._ + +[912] Article II, section 2: Article IV, section 4. + +[913] Lewis Eliphalet Parsons, born 1817, Boone County, New York, was the +son of a farmer and the grandson of the celebrated Jonathan Edwards. He +came to Alabama in 1840 and practised law in Talladega, was a Whig, later +a Douglas Democrat, and on both sides during the war. See above, p. 143. + +[914] Here "loyal" seems to mean those who had taken the amnesty oath. + +[915] Messages and Papers of the Presidents, Vol. VI, p. 323. + +[916] Those who could take the iron-clad test oath of 1862. + +[917] Sen. Ex. Doc., No. 26, p. 97, 39th Cong., 1st Sess. + +[918] James Redpath in _The Nation_, Aug. 17, 1865, condensed. + +[919] See Foster, "Andrew Johnson," pp. 199, 210, 214, 220, 250. + +[920] The 22d of May was the date when the Confederate state government +ceased to exist. + +[921] Garrett, p. 735, says Aug. 30 and Sept. 12. The convention met on +Sept. 12. + +[922] Parsons's Proclamation, July 20 (or 22), 1865; in _N. Y. Herald_, +July 26 and Aug. 11, 1865; Garrett, p. 735; McPherson, p. 21. + +[923] Parsons's Message to Convention, Sept. 21, 1865; Proclamation, July +20, 1865; in _N. Y. Herald_, Aug. 11, 1865. + +[924] _Huntsville Advocate_, Aug. 17, 1865. + +[925] See McCulloch, p. 517 and _passim_; _N. Y. Tribune_, May 4, 1866; +_Mobile Times_, April 25, 1866. + +[926] _N. Y. Herald_, Sept. 3, 1865. + +[927] Testimony of M. J. Saffold, Report of Joint Committee, 1866, Pt. +III, pp. 59-63. + +[928] Ho. Ex. Doc., No. 16, 40th Cong., 2d Sess. + +[929] Others were pardoned for having aided the Confederacy in the +following occupations: agents of the Nitre and Mining Bureau; tax +collector and state assessor; tax receiver (Confederate); general officer +of the Confederate army; postmasters who had held office before the war; +members of the state legislature; cotton agents; foreign agents and +commissioners; graduates of West Point and Annapolis; resigning United +States service to join Confederacy; mail contractors; clerks of the +Confederate government; state and Confederate judges; members of Congress; +receivers of subscriptions for the Confederacy; marshals and deputy +marshals; clerks of state and Confederate courts; agents for the purchase +of supplies; members of advisory board; cotton bond agent; Confederate +government official; commissioner of appraisement; depositary; route +agent; commissioner of Indian affairs; member of convention of 1861; prize +commissioner; commissioner to take testimony; Indian agent; Confederate +financial agent; commissioner to examine prisoners held by military +authorities; agent of the Produce Loan; receiver of the tax-in-kind; +leaving loyal state; commissioner of "fifteen million loan"; agent to +receive subscriptions for cotton and produce loans; depot agent to receive +the tax-in-kind; agent under sequestration laws; enrolling officer; +impressment agent; Treasury agent; Confederate contractor; sequestration +commissioner; agent to collect provisions for the army; district attorney; +state printer; border agriculturist; custom officer; agent to receive +titles; commissioner to examine political prisoners. Ho. Ex. Doc., No. 16, +40th Cong., 2d Sess., gives a list of those pardoned. Some of the more +well-known men pardoned were: R. M. Patton, "agent for the sale of rebel +bonds, and worth over $20,000"; Nicholas Davis, "member of rebel +provisional Congress"; Charles Hays, worth over $20,000; Benjamin +Fitzpatrick, "resigned United States Senate"; J. G. Gilchrist, "member of +Secession Convention"; S. F. Rice, worth over $20,000; S. S. Scott, Indian +agent; H. C. Semple, worth over $20,000; Thomas H. Watts, "member of rebel +convention, voted for ordinance of secession, colonel in rebel army, +attorney-general of the would-be Southern Confederacy, rebel governor of +Alabama, and worth $20,000"; M. J. Saffold, "commissioner to examine +political prisoners, and state printer." + +[930] The names and offences of those pardoned are given in Ho. Ex. Doc., +No. 99, 39th Cong., 1st Sess.; No. 16, 40th Cong., 2d Sess.; and No. 31, +39th Cong., 2d Sess. + +[931] _N. Y. Herald_, Oct. 15, 1865. + +[932] _Montgomery Daily Advertiser_, Oct. 1, 1865. + +[933] _N. Y. Herald_, Sept. 26 and Oct. 15, 1865. + +[934] _N. Y. Herald_, Sept. 26, 1865. + +[935] Journal of the Convention, 1865, p. 28. + +[936] Journal of the Convention, 1865, pp. 16, 57, 58; _N. Y. Herald_, +Sept. 26 and Oct. 15, 1865. + +[937] Annual Cyclopædia (1865), pp. 16, 17; Journal of the Convention, +1865, pp. 57, 58. + +[938] The vote cast was 92, probably all who were present. Journal of the +Convention, p. 59; _N. Y. Herald_, Sept. 26, 1865; Shepherd, "Constitution +and Ordinances," 1865, p. 48; Code of 1867, Ordinance No. 13, Sept. 25, +1865. Early in the session Mardis of Shelby, a "loyal" member, proposed a +resolution to the effect that the ordinance of secession was +"unconstitutional and therefore illegal and void, [and that] the leaders +of the rebellion having been forced to lay down their arms and turn over +to the conservative people of the state the reigns of the civil government +by which the state has become more peaceful and loyal to the United States +government. She is now entitled to all the rights as before ordinance of +secession." Journal of the Convention, 1865, p. 16. The resolutions of the +"loyalists" were curiosities, and the secretary did not always expurgate +bad spelling, etc. + +[939] Shepherd, "Constitution and Ordinances," 1865, p. 49; Ordinance No. +14. + +[940] _N. Y. Herald_, Sept. 22, 1865. + +[941] Annual Cyclopædia (1865), p. 17; _N. Y. Times_, Sept. 29, 1865; _N. +Y. Herald_, Oct. 15, 1865; Shepherd, "Constitution and Ordinances," 1865, +pp. 53, 54; Ordinances Nos. 25-28, September, 1865. In spite of this +ordinance certain war debts were paid. Fowler, Superintendent of Army +Records, was paid $3000 for his work during the war, the legislature +buying the records from him. Coleman, a Confederate judge, was paid for +services during the war. See Acts 65-66 and the Journal of the Convention +of 1867. The newspaper reports give summaries of the debates on the more +important ordinances; the Journal of the Convention gives only the votes +and resolutions. + +[942] Chairman of the committee on suffrage, Convention of 1901. + +[943] It seems to have been taken for granted by the convention that +slavery was already abolished. + +[944] The amnesty proclamation expressly excepted property in slaves. + +[945] Annual Cyclopædia (1865), p. 14; _N. Y. Times_, Sept. 30, 1865. + +[946] "Loyalist," and later a "scalawag." + +[947] _N. Y. Herald_, Oct. 15, 1865. + +[948] Journal of the Convention, 1865, p. 49. + +[949] Journal of the Convention, 1865, pp. 49, 50; _N. Y. Herald_, Oct. +15, 1865; Shepherd, "Constitution and Ordinances," 1865, p. 45, Ordinance +No. 6. The three members who voted against the abolition ordinance were +Crawford of Coosa, Cumming of Monroe, and White of Talladega. They wanted +to let the Supreme Court decide. The Supreme Court of Alabama, a year +later, held that, as a matter of history which the court would recognize, +slavery was dead as a result of war before the passage of the ordinance of +Sept. 22, 1865. + +[950] That class of men called all negroes "free negroes" and "freedmen" +for years after the war as a term of contempt. + +[951] Afterwards second provisional governor. + +[952] _N. Y. Times_, Sept. 30, 1865. + +[953] _N. Y. Herald_, Oct. 15, 1865. + +[954] _N. Y. Times_, Sept. 30, 1865. + +[955] Journal of the Convention, 1865, p. 80; Shepherd, "Constitution and +Ordinances," 1865, p. 61, Ordinance No. 34. + +[956] _Huntsville Advocate_, Sept. 28, 1865. A "Johnson reconstruction +paper." + +[957] _Huntsville Advocate_, Oct. 12, 1865. + +[958] Shepherd, p. 57, Ordinance No. 30; Journal of the Convention, 1865, +pp. 67, 68. See Constitution of 1865, Article IV, Section 4. + +[959] Journal of the Convention, 1865, p. 34. + +[960] A member of the convention of 1861. + +[961] _N. Y. Herald_, Oct. 15, 1865. + +[962] Journal of the Convention, 1865, p. 74. + +[963] Shepherd, p. 44, Ordinance No. 5. + +[964] Shepherd, p. 54, Ordinance No. 26. + +[965] Shepherd, p. 46, Ordinance No. 7. + +[966] Shepherd, p. 63, Ordinance No. 39. + +[967] Shepherd, p. 74, Ordinance No. 42. See Constitution, 1865, Article +IV, Section 31. + +[968] Shepherd, pp. 44, 53, 65, Ordinances Nos. 4, 23, 43. + +[969] Shepherd, pp. 49, 62, 68, Ordinances Nos. 15, 37, 49. + +[970] Ordinances Nos. 8, 16, 22, 33. + +[971] Shepherd, p. 70. + +[972] _N. Y. Herald_, Oct. 15, 1865; Sen. Ex. Doc., No. 26, 39th Cong., +1st Sess. (Parsons); Report Joint Committee, 1866, Pt. III, pp. 138-141. + +[973] Parsons's Proclamation, Sept. 28, 1865. + +[974] _Montgomery Advertiser_, May 12, 1866. + +[975] In Macon, Russell, and Lowndes counties. + +[976] _N. Y. Daily News_, Sept. 7, 1865; _N. Y. Tribune_, Feb. 6, 1866; +Swayne's Report, Jan., 1866, in Ho. Ex. Doc., No. 70, 39th Cong., 1st +Sess.; Report Joint Committee of Reconstruction, 1866, Pt. III, p. 140 +(Swayne). + +[977] "I, _A. B._, do solemnly swear (or affirm) that I have never +voluntarily borne arms against the United States since I have been a +citizen thereof; that I have voluntarily given no aid, countenance, +counsel or encouragement to persons engaged in armed hostility thereto; +that I have never sought nor accepted nor attempted to exercise the +functions of any office whatever, under any authority or pretended +authority, in hostility to the United States; that I have not yielded a +voluntary support to any pretended government, authority, power or +constitution within the United States, hostile or inimical thereto; and I +do further swear (or affirm) that, to the best of my knowledge and +ability, I will support and defend the Constitution of the United States +against all enemies, foreign and domestic; that I will bear true faith and +allegiance to the same; that I take this obligation freely, without any +mental reservation or purpose of evasion, and that I will well and +faithfully discharge the duties of the office on which I am about to +enter. So help me God." McPherson, "Reconstruction," p. 193. + +[978] Ho. Ex. Doc., No. 81, 39th Cong., 1st Sess., McCulloch, Report, +March 19, 1866; McCulloch, "Men and Measures," pp. 227, 233. The Finance +Committee reported in favor of paying these officials, accepting as +correct the secretary's statement. They were paid, in spite of the +opposition of Sumner, who voted not to pay "those rebels." McCulloch, p. +232. + +[979] On March 17, 1866, the Postmaster-General, in a letter to the +President, stated that the test oaths of July 2, 1862, and March 3, 1863, +hindered the reconstruction of the postal service in the South. Of 2258 +mail routes in 1861, only 757 had been restored. Before the war there were +8902 postmasters, and in 1866 there were but 2042, of whom 420 were women +and 865 others could not take the oath. Ho. Ex. Doc., No. 81, 39th Cong., +1st Sess. + +[980] _N. Y. News_, Dec. 8 and Oct. 23, 1865; _N. Y. Times_, July 2, 1866. + +[981] Cox, "Three Decades," p. 603; Reid, "After the War," pp. 401, 402; +_N. Y. Daily News_, Oct. 23 and Dec. 8, 1865; _N. Y. Times_, July 2, 1866. + +[982] _Selma Times_, April 10, 1866. The rejection of such men as Dr. F. +W. Sykes of Lawrence as tax commissioner was especially discouraging to +the anti-Democratic party in the state. Sykes had been an obstructionist +in the legislature during the war. Brewer, p. 309. + +[983] One official who had suffered from objections made against his past +record inserted the following advertisement in the _Selma Times_, April +11, 1866:-- + +"Having been elected twice, given three approved bonds, and sworn in five +times, I propose opening the business of the city courts of Selma. + + "E. M. GARRETT, + "_Clerk City Court of Selma_." + +[984] There were no nominating conventions; the candidates were announced +by caucuses of friends. Several other men were spoken of, but the contest +narrowed down to three. + +[985] _N. Y. Times_, Nov. 10, 1865. + +[986] R. M. Patton, 21,442; M. J. Bulger, 15,234; W. R. Smith, 8194. The +total vote was 44,870; the registration to Sept. 22, 1865, had been +65,825; the vote for delegates to the convention had been about 56,000; +the vote for presidential electors in 1860 had been 89,579. The falling +off in the vote may be explained by the death and disfranchisement of +voters and by the indifference of south Alabama people to the north +Alabama candidates. + +[987] The convention in September had proceeded to correct the theory of +the situation by conferring the powers of a civil governor upon Parsons, +and authorizing him to act as governor until the elected governor should +be qualified. + +[988] McPherson, "Reconstruction," p. 21. Alabama was the twenty-seventh +state to ratify, and with seven other seceding states made up the +necessary three-fourths of the thirty-six states. So far the Johnson state +governments were recognized. _Tribune_ Almanac, 1866. Later, when all that +the "restoration" administration had done was found to be useless or worse +than useless, an Alabama writer, in "The Land We Love," complained:-- + +"The constitutional amendment abolishing slavery could only be passed +constitutionally when the southern states were in the Union. We were then +in the Union for the few weeks during which time this was being done. For +this brief privilege we lost 4,000,000 of slaves valued at $1,200,000,000. +We have every reason to be thankful for being wakened out of our brief +dream of being in the Union. A few more weeks of such costly sleep would +have stripped us entirely of houses and lands." + +[989] _N. Y. Herald_, Dec. 19, 1865. + +[990] Inaugural Addresses, Dec. 13, 1865; Annual Cyclopædia (1865), p. 19. + +[991] Both Parsons and Houston had been "Unionists," but neither could +have subscribed to the oath exacted from members of Congress. The +representatives chosen were: (1) C. C. Langdon, Whig, Bell and Everett +man, of northern birth, opposed secession, a member of the legislature of +1861; (2) George C. Freeman, Whig, Bell and Everett man, opposed +secession, captain and major 47th Alabama; (3) Cullen A. Battle, Democrat, +major-general C.S.A.; (4) Joseph W. Taylor, Whig, Bell and Everett man, +opposed secession; (5) Burwell T. Pope, Whig, opposed secession; (6) +Thomas J. Foster, Whig, Bell and Everett man, opposed secession. None of +the congressmen-elect could subscribe to the test oath. The people would +have voted for no man who could take the test oath. + +[992] McPherson, p. 15. + +[993] _Cong. Globe_, Dec. 4, 1865. + +[994] _Globe_, Dec. 4, 1865. This was a distinct refusal to recognize, for +the present at least, the restoration as done by the President. + +[995] _Cong. Globe_, Dec. 18, 1865. + +[996] Herbert, "Solid South," p. 12. + +[997] McPherson made a collection of extracts from various newspapers +relating to his action in omitting the names of the southern members. Few +of the editorials seem to indicate any belief that a grave constitutional +question was to be settled. Most of the editors believed that he had +exceeded his authority, but approved his action because the southern +members were Democrats. The general opinion seemed to be that their +politics alone was a cause of offence. See McPherson's scrap-book, "The +Roll of the 39th Congress," in the Library of Congress. + +[998] _Globe_, March 2, 1866. + +[999] Swayne's Report, Oct. 31, 1866, Sen. Ex. Doc., No. 6, 39th Cong., +1st Sess. + +[1000] Acts of Ala. (1865-1866), p. 601. + +[1001] Swayne's Reports, Dec. 26, 1865, Jan. 31, 1866, and Oct. 31, 1866, +in Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess., and Sen. Ex. Doc., No. 6, +39th Cong., 1st Sess.; Patton's Message, Jan. 16, 1866; _N. Y. Times_, +Jan. 18, 1866; _N. Y. Evening Post_, Jan. 29, 1865; McPherson, +"Reconstruction," p. 21; McPherson's scrap-book, "Freedmen's Bureau Bill," +1866. + +[1002] McPherson, "Reconstruction," pp. 21, 22; Act, approved Feb. 23, +1866, Penal Code of Ala., pp. 6-8; Acts of Ala. (1865-1866), pp. 121, 124. + +[1003] Acts of Ala. (1865-1866), Act of Dec. 15, 1865; Penal Code of Ala., +p. 12. The compilers of the Penal Code placed this act in the Code +separate from the rest, as irreconcilable with the provisions of the Code +and with other legislation. That is, they refused to codify it and left it +for the courts to decide. The law was meant to suppress a common practice +of encouraging negroes to steal cotton, etc., for sale. + +[1004] Acts of Ala. (1865-1866), p. 98; Penal Code, pp. 164, 165. In one +respect the negro had a better standing in court than the white: he was a +competent witness in his own behalf, and his wife might also be a witness. + +[1005] Acts, Dec. 11 and 26, 1865. See below, Ch. XII. + +[1006] In an interview with General Swayne, in 1901, he informed me that +he was present when the bills were drawn up. The governor and the +president of the Senate in consultation decided that all measures already +brought forward should be vetoed or dropped; the apprentice and contract +laws as they stood on the statute book were then drawn up, and no +objection was made to them by General Swayne, who was present by request. +He made suggestions as to what would be acceptable to the Bureau and to +northern public opinion. + +[1007] Acts of Ala. (1865-1866), pp. 111, 112 (Act of Feb. 16, 1866); +Penal Code, p. 13. + +[1008] Penal Code, pp. 50, 51. + +[1009] Acts of Ala. (1865-1866), pp. 128-131 (Act Feb. 23, 1866). + +[1010] Penal Code, pp. 34, 35. + +[1011] Penal Code of Ala., pp. 10-12; Acts of Ala. (1865-1866), pp. +119-121. This was another act which the compilers refused to incorporate +into the Penal Code. It was an amendment to the law already on the statute +books, and the constitution of the state provided that the law revised or +amended must be set forth in full (Article IV, Section 2.) The next +legislature repealed this and similar laws as being in conflict with the +Code. Acts of Ala. (1866-1867), pp. 107, 115, 504. It was never in force, +being practically repealed by the later adoption of the Penal Code, which +had the old ante-bellum law of vagrancy, which provided a fine of $10 to +$50 for the first offence, and for a second conviction, $50 to $100 and +hard labor for not more than six months. (See Penal Code, p. 37). The laws +regulating labor and vagrancy were so carelessly drawn that it would have +been practically impossible to enforce them. Not only were they +technically unconstitutional, but they were also in conflict with the +provisions of the Code. The consequence was confusion and the suspension +of both Code and statutes. Colonel Herbert, in "The Solid South" (pp. +31-36), gives a summary of similar laws of the northern states which were +more stringent than the Alabama laws. As a matter of fact, all the states +had similar laws, but in the South they had always been a dead letter on +the statute book. + +[1012] See Blaine, "Twenty Years," Vol. II, p. 93. + +[1013] It was not possible then, nor is it now, to pass any law in regard +to labor contracts, vagrancy, or minor crimes, that would not affect the +negroes to a much greater degree than the whites. All laws regulating +society, if strictly enforced, would bear with much greater force upon +blacks than upon whites. + +[1014] Neither Swayne nor Howard made any objection to the apprentice and +vagrancy laws, and so far as I can gather from the reports of General +Swayne, they were not enforced. If so, there were no results unfavorable +to the freedmen. In 1901, in an interview, Swayne stated that all measures +that he considered objectionable had either failed to pass the Senate or +had been vetoed by the governor. He intimated that he had a great deal to +do with the suppression of such measures and the framing of new ones. + +[1015] Feb. 13, 1866. + +[1016] The date of the beginning of the provisional government. + +[1017] General Swayne's account. + +[1018] _Montgomery Advertiser_, Feb. 14, 1865; Swayne's Report, Oct. 31, +1866; Swayne's Testimony, Report Joint Committee, Pt. III, pp. 138-141. + +[1019] Truman's Report, April 19, 1866; Mrs. Clayton, "White and Black," +p. 152 _et passim_; "Our Women in the War," _passim_; _The Nation_, Oct. +5, 1865; Reid and Trowbridge. + +[1020] Truman's Report, April 19, 1865. + +[1021] _The Nation_, Feb. 15, 1866. + +[1022] Referring to the emigration movement to Mexico, Brazil, Europe, +etc. + +[1023] This charge was published in the general presentments of the Pike +County grand jury and was immediately taken up by the northern Democratic +and the conservative Republican papers and given a wide publication. Mrs. +Clayton republished it in her book (pp. 156-165). Judge Clayton was +disfranchised by the Reconstruction Acts, and not until 1874 was he again +able to hold judicial office. The bench and bar were generally in favor of +admitting the negro to the fullest standing in the courts. Under slavery, +when a case turned on negro testimony, extra-legal trials were often held +and the decision given by "lynch-law" jury, the court officials presiding. +In 1865 the lawyers and judges were ready to admit negro testimony, +according to General Swayne, but made more or less objection in order not +to alienate those of the people who objected. + +[1024] Sen. Ex. Doc., No. 43, 39th Cong., 1st Sess. + +[1025] _The Nation_, Oct. 5, 1865. + +[1026] Brooks was a cousin of Preston Brooks of South Carolina, and had +been president of the convention of 1861. The measure was indorsed by +Governor Patton, Judge Goldthwaite, and a respectable minority. Ku Klux +Rept., Ala. Test., p. 226. + +[1027] McPherson's scrap-book, "Fourteenth Amendment," p. 55. + +[1028] First Confederate Secretary of War, brigadier-general, C.S.A. + +[1029] For this incident my authority is a statement of General Swayne +made to me in 1901. He was much interested in the movement, and was +positive that in time the native whites would have given the suffrage to +the negro had not the Reconstruction Acts and other legislation so +alienated the races. General Swayne gave me full explanations of his +policy in Alabama. His death, a year after the interview, prevented him +from verifying some details. His account, though given thirty-five years +after the occurrences, was correct so far as I could compare it with the +printed matter available. It agreed almost exactly with his reports as +printed in the public documents, though he had not those at hand, and had +not seen them for thirty years. I have several times been told by old +citizens that negroes voted in 1866, in minor elections, by consent of the +whites. + +[1030] "Diary and Correspondence of S. P. Chase," in the Annual Report of +the Amer. Hist. Assn. (1902), Vol. II, p. 517. + +[1031] Stephen B. Weeks, in _Polit. Sci. Quarterly_ (1894), Vol. IX, pp. +683-684. + +[1032] See Herbert, "Solid South," pp. 29, 30, 37. + +[1033] Resolution, Dec. 2, 1865, Acts of Ala. (1865-1866), p. 598. + +[1034] Resolution, Jan. 16, 1866, Acts of Ala. (1865-1866), p. 603. + +[1035] Resolution, Dec. 15, 1865, Acts of Ala. (1865-1866), p. 604. + +[1036] Resolution, Feb. 22, 1866, Acts of Ala. (1865-1866), p. 607; +McPherson, p. 22; _Selma Times_, Feb. 27, 1867. + +[1037] See _N. Y. Herald_, April 17, 1866 (Alabama correspondence). + +[1038] McPherson's scrap-book, "The Campaign of 1866," Vol. I, pp. 84, +122. + +[1039] See Burgess, "Reconstruction," pp. 64-67. + +[1040] McPherson's scrap-book, "Freedmen's Bureau Bill, 1866," pp. 47, +128. + +[1041] The reconstruction laws of Congress were almost invariably referred +to as "Bills" even in official documents and military orders. + +[1042] McPherson's scrap-book, "Civil Rights Bill, 1866," pp. 136, 151. + +[1043] McPherson's scrap-book, "Civil Rights Bill, 1866," p. 135. + +[1044] McPherson's scrap-book, "Civil Rights Bill, 1866," p. 110. + +[1045] McPherson's scrap-book, "Civil Rights Bill, 1866," p. 120. + +[1046] McPherson's scrap-book, "Fourteenth Amendment," pp. 33, 34. + +[1047] The cotton tax, for instance. + +[1048] Ku Klux Rept., Ala. Test., p. 226. + +[1049] _N. Y. Tribune_, Nov. 30, 1866. I have not been able to discover +what the name of the paper was, but very likely it was the _Mobile +National_. + +[1050] McPherson's scrap-book, "Fourteenth Amendment," pp. 39, 55, 56. + +[1051] Governor's Message, Nov. 12, 1866, in House Journal (1866-1867), p. +35; _N. Y. Tribune_, Nov. 19, 1866; Annual Cyclopædia (1866), pp. 11, 12. + +[1052] House Journal (1866-1867), p. 198. + +[1053] McPherson, p. 194; McPherson's scrap-book, "Fourteenth Amendment," +p. 55; _N. Y. Times_, Jan. 23, 1867. General Wager Swayne to S. P. Chase, +Dec. 10, 1866, wrote, in substance, that--the evident intention of +Congress to enforce its own plan makes it seem possible to secure from the +Alabama legislature the ratification of the Amendment; that the Senate was +ready to ratify in spite of the governor's message against it, and of the +certain disapproval of "the people, poor, ignorant, and without mail +facilities," but a despatch had been sent to Parsons in the North for +advice, and he advised rejection; inspired, it was asserted by the +President, the cry was raised, "we can't desert _our_ President," and the +measure was lost; but when they return (in January) they will be prepared +for either course, and the governor will recommend ratification. "Diary +and Correspondence of S. P. Chase," in the Annual Rept. of the Amer. Hist. +Assn. (1902), Vol. II, pp. 516-517. + +[1054] _N. Y. Times_, Jan. 9, 1867. Patton also went to Washington during +the recess. + +[1055] Annual Cyclopædia (1866), pp. 11, 12. + +[1056] McPherson, pp. 352, 353; McPherson's scrap-book, "Fourteenth +Amendment," pp. 60, 66. The telegrams are in the Impeachment Testimony, +Vol. I, pp. 271-272. Interview with General Swayne, 1901. + +[1057] Annual Cyclopædia (1867), p. 15. + +[1058] See McPherson, pp. 118, 240, 241. + +[1059] _N. Y. Herald_, July 19, 1866. + +[1060] According to his own report. See _Nation_, Feb. 15, 1866. Hart, +"American History as told by Contemporaries," Vol. IV, p. 49. + +[1061] Report of B. C. Truman, April 9, 1866; Report of Joint Committee, +1866, Pt. III, _passim_; Report of Schurz with accompanying documents; _N. +Y. Times_, Sept. 9 and Oct. 3, 1866; _Nation_, Feb. 15, _et passim_; +_World_ and _Tribune_; _Herald_ and _Tribune_ correspondent, 1865; +_Montgomery Mail and Advertiser_; _Selma Times_; _Tuscaloosa Monitor and +Blade_, 1865 to 1875. Of the New York papers the _Nation_ and _Tribune_ +were especially violent at first, but changed later. The _Times_ and the +_Herald_ had fair correspondents most of the time. + +[1062] _N. Y. Daily News_, May 7, 1866 (Montgomery correspondent). + +[1063] See _N. Y. Times_, Sept. 9, 1866 (Federal soldier), Oct. 3, 1866 +(Ohio man); _N. Y. News_, May 7, 1866 (Montgomery correspondent). + +[1064] Lewis E. Parsons (New York), Whig; George S. Houston; A. B. Cooper +(New Jersey), Whig; John Forsyth, State Rights Democrat; R. B. Lindsay +(Scotch), Douglas Democrat; James W. Taylor, Whig; Benjamin Fitzpatrick, +Douglas Democrat. + +[1065] Some of them were W. H. Crenshaw (Democrat), who +presided,--Crenshaw was then president of the Senate; John G. Shorter +(Democrat), war governor of Alabama; H. D. Clayton (Whig), Confederate +general; C. C. Langdon (Whig); William S. Mudd (Whig); William Garrett +(Whig); M. J. Bulger (Douglas Democrat), Confederate general; C. A. Battle +(Democrat), Confederate general; A. Tyson (Whig). See Brewer and Garrett, +and _N. Y. Times_, Aug. 3 and 9, 1866. + +[1066] McPherson, pp. 240, 241. + +[1067] _N. Y. Times_, Aug. 27, 1866. By "Union" party, Parsons evidently +meant those who opposed secession. + +[1068] The northern business men were on the side of the whites. + +[1069] McPherson, p. 124. + +[1070] McPherson, p. 242. + +[1071] _N. Y. Times_, Sept. 8, 1866. + +[1072] Davis was of good middle-class Virginia stock. A Whig in politics, +Mrs. Chesnut called him "a social curiosity." In convention of 1861 he +voted against immediate secession, threatened resistance among the hills +of north Alabama, and ended by signing the ordinance of secession; was +chosen to succeed Dr. Fearn in the Confederate Provisional Congress; was +appointed lieutenant-colonel of the 19th Alabama Infantry, but declined; +commanded a battalion for a while; his "loyalty" consisted in his leaving +the Confederate service and returning to Huntsville within the Federal +lines. Brewer, p. 365, Garrett, pp. 341, 342; Smith's Debates, _passim_. +He soon fell out with the carpet-baggers and "formed a party of one." + +[1073] The disposition of some of the north Alabama leaders (even among +the Conservatives) to play the childish act was one of the disgusting +features of Reconstruction. + +[1074] _N. Y. Times_, Jan. 23, 1867. Among those present were: D. C. +Humphreys (Douglas Democrat), Confederate officer, who deserted to +Federals (he was in the first carpet-bag legislature, and later judge of +the Supreme Court of the District of Columbia; see Garrett, p. 364); John +B. Callis, agent of the Freedmen's Bureau, Veteran Reserve Corps, member +of Congress, 1868; C. C. Sheets, in convention of 1861, refused to sign +ordinance of secession and deserted to Federals, a member of Congress, +1868; Thomas M. Peters, Whig, deserted to Federals, later judge of Supreme +Court of Alabama (see Brewer, p. 309; Garrett, p. 440); F. W. Sykes, +member of legislature during war, soon returned to Conservative party +(Brewer, p. 309); J. J. Hinds, afterward a notorious scalawag. + +[1075] One new man was S. C. Posey of Lauderdale, who had been in the +convention of 1861 and refused to sign the ordinance of secession and was +in the legislature during the war. Returned soon to Conservative party. +Brewer, p. 299, Garrett, p. 389. + +[1076] The Radical party might have done much worse than to send him to +the Senate. Warren and Spencer, the senators elected, were far inferior in +character and abilities to Swayne. He was too decent a man to suit the +Radicals and was soon dropped. + +[1077] _N. Y. Herald_, March 6, 1867. + +[1078] The proclamation announcing that the rebellion had ended was issued +April 2, 1866. McPherson, p. 15. + +[1079] Van Horne, Life of Thomas, pp. 153, 399, 400, 408; _Huntsville +Advocate_, June 9, 1866 (for copy of order relating to Department of the +South that I have not found elsewhere); G. O. No. 1, Mil. Div. Tenn., June +20, 1865; G. O. No. 118, W. Dept., June 27, 1865; G. O. No. 1, Dept. Ala., +July 18, 1865; G. O. No. 1, Dist. Ala., June 4, 1866; G. O. No. 1, Dept. +Tenn., Aug. 13, 1866; G. O. No. 42, Dept. Tenn., Nov. 1, 1866. The general +and special orders cited in this chapter are on file in the War Department +at Washington. + +[1080] O. R., Ser. I, Vol. XLIX, Pt. II, pp. 505, 560, 727, 826, 854, 971; +Report of the Joint Committee on Reconstruction, Pt. III. + +[1081] Miller, "Alabama," p. 236; Acts of Ala. (1865-1866), pp. 598, 601. + +[1082] That is, the officers had the privileges and authority of officers +of a division. G. O. Nos. 1, 9, 17, 29, 54, Dept. Ala., 1865; G. O. No. 1, +Mil. Div. Tenn., 1865. + +[1083] The "Amnesty Oath." The oath of allegiance had already been +administered to all who would take it. See McPherson, "Reconstruction," +pp. 9, 10. + +[1084] G. O. Nos. 13 and 14, Dept. Ala., 1865. + +[1085] G. O. No. 3, Dept. Ala., July 21, 1865. There was complaint about +the stealing of cotton by troops. + +[1086] G. O. No. 6, Post of Montgomery, May 15, 1865. This order is +printed on thin, blue Confederate writing paper, which seems to have been +shaped with scissors to the proper size. Supplies had not followed the +army. + +[1087] G. O. No. 24, Dept. of Ala., Aug. 25, 1865. + +[1088] G. O. No. 6, Post of Mobile, in _N. Y. Daily News_, June 27, 1865. + +[1089] G. O. No. 48, Dept. Ala., Oct. 18, 1865. + +[1090] Statement of General Woods, Sept. 4, 1865, Document No. 11, +accompanying the Report of Schurz. + +[1091] See statement of Woods, Sept. 4, 1865, Schurz's Report. + +[1092] G. O. No. 4, Dept. Ala., Jan. 26, 1866. + +[1093] _N. Y. Daily News_, Sept. 7, 1865. + +[1094] Statement of Gen. T. K. Smith, Sept. 14, 1865, in Schurz's Report. + +[1095] Statement of General Woods, Sept. 4, 1865. + +[1096] G. O. No. 5, Sub-dist. Ala., Oct. 13, 1866. + +[1097] See Ch. VI, sec. 1. + +[1098] G. O. No. 30, Dept. of Ala., Sept. 4, 1865; Statement of General +Woods, Sept. 4, 1865, in Schurz's Report. + +[1099] See Ch. VI, sec. 1. + +[1100] _N. Y. Herald_, Nov. 26 and Dec. 15, 1865. + +[1101] Document No. 19, accompanying Schurz's Report. + +[1102] G. O. No. 55, Dept. Ala., Oct. 30, 1865. + +[1103] G. O. No. 8, Dept. Ala., Feb. 17, 1866. + +[1104] G. O. No. 1, Dept. Ala., Jan. 5, 1866. + +[1105] G. O. No. 13, Dept. Ala., 1866. + +[1106] G. O. No. 17, Dept. Ala., 1866. + +[1107] G. O. No. 20, Dept. Ala., 1866. + +[1108] G. O. No. 23, Dept. Ala., 1866. + +There were other trials, but the records are missing and the names of the +parties are unknown. A large number of cases were prosecuted before +military commissions convened at the instance of the Freedmen's Bureau. + +[1109] For two years after the war the Confederate sympathizers in north +Alabama suffered from persecution of this kind. During the war the +Confederates in north Alabama had been classed as guerillas by the Federal +commanders. + +[1110] G. O. No. 29, Mil. Div. Tenn., Sept. 21, 1865; G. O. No. 42, Dept. +Ala., Sept. 26, 1865. + +[1111] G. O. No. 3, H. Q. A., Jan. 12, 1866; G. O. No. 7, Dept. Ala., Feb. +12, 1866. + +[1112] G. O. No. 48, Dept. Ala., Oct. 18, 1865. + +[1113] G. O. No. 6, Mil. Div. Tenn., Feb. 21, 1866. + +[1114] G. O. No. 25, Mil. Div. Tenn., Sept. 13, 1865. + +[1115] G. O. No. 44, H. Q. A., July 6, 1866; G. O. No. 13, Dept. of the +South, July 21, 1866. + +[1116] Sen. Ex. Doc., No. 26, 39th Cong., 1st Sess. + +[1117] P. M. Dox to Governor Parsons, Sen. Ex. Doc., No. 26, 39th Cong., +1st Sess. + +[1118] See p. 327. + +[1119] _Selma Times_, Feb. 3, 1866. + +[1120] There were really three governments in Alabama based on the war +powers of the President: (1) the army ruling through its commanders; (2) +the Freedmen's Bureau, with its agents; (3) the provisional civil +government. + +[1121] Circular No. 1, Aug. --, 1865; G. O. No. 21, Dept. Ala., April 9, +1866. + +[1122] _De Bow's Review_, 1866. De Bow made a trip through the South. +_Nation_, Oct. 5 and 26, 1865; Truman, Report to President, April 9, 1866. +See also Grant, Letter to President, Dec. 18, 1865. + +[1123] Colonel Herbert says that the relations between the soldiers and +the ex-Confederates were very kindly, but the latter hoped the army would +soon be removed, when civil government was established. "Solid South," p. +30. + +[1124] Miller, "Alabama," p. 242; Resolutions of the Legislature, Jan. 16, +1866. + +[1125] Testimony of Swayne, Report Joint Committee, 1866, Pt. III, p. 139; +various reports of Swayne as assistant commissioner of Freedmen's Bureau. +It was noticeable that when Swayne was placed in command of the army in +the state there was less interference and better order than before, though +he never obtained the cavalry. + +[1126] For instance: In the city of Mobile a petition of some kind might +be made out in proper form and given to the commander of the Post of +Mobile. The latter would indorse it with his approval or disapproval, and +send it to the commander of the District of Mobile, who likewise forwarded +it with his indorsement to the commander of the Department of Alabama at +Mobile or Montgomery. In important cases the paper had to go on until it +reached headquarters in Macon, Nashville, Louisville, Atlanta, or +Washington, and it had to return the same way. + +The following orders relate to the changes made so often:-- + +G. O. Nos. 1, 9, 10, 12, 17, 19, 20, 27, Dept. Ala., from July 18 to Sept. +1, 1865; G. O. No. 18, Dept. Ala., March 30, 1866; G. O. No. 1, Dist. +Ala., June 1, 1866; G. O. No. 1, Sub-dist. Ala., Oct. --, 1866; G. O. No. +1, Mil. Div. Tenn., June 20, 1865; G. O. Nos. 1 and 42, Dept. of the +Tenn., Aug. 13 and Nov. 1, 1866; G. O. No. 1, Dept. of the South, June 1, +1866; G. O. No. 1, Dept. of the Gulf, ----, 1865; G. O. No. 1, Dist. of +the Chattahoochee, Aug. --, 1866. + +There were numerous general orders from local headquarters of the same +nature. See also Van Horne, "Life of Thomas," pp. 153, 399, 400, 418; and +Sen. Ex. Doc., No. 13, 38th Cong., 2d Sess. + +[1127] G. O. No. 1, Sub-dist. Ala., March 28, 1867. + +[1128] Freedmen's Bureau Report, Oct. 20, 1869; Ho. Ex. Doc., No. 143, +41st Cong., 2d Sess. + +[1129] Sen. Ex. Doc., No. 28, 38th Cong., 2d Sess. + +[1130] Regulations, July 9, 1864. + +[1131] Stats.-at-Large, Vol. XIII, pp. 507-509. See also O. O. Howard, +"The Freedmen during the War," in the _New Princeton Review_, May and +Sept., 1886. + +[1132] Ho. Ex. Doc., No. 7, 39th Cong., 2d Sess. + +[1133] McPherson, "Reconstruction," pp. 69-74, 147-151, 349, 350, 378; +Burgess, "Reconstruction," pp. 87-90. + +[1134] _N. Y. Times_, Oct. 31, 1865. + +[1135] Circular No. 16, Sept. 19, 1865 (Howard); Circular No. 6, June 13, +1865 (Howard); Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.; Circular No. +1, July 14, 1865 (Conway); Circular No. 2, July 14, 1865 (Conway). + +[1136] One of them--Chaplain C. W. Buckley--was guardian of the blacks at +Montgomery. He afterwards played a prominent part in carpet-bag politics. + +[1137] Ku Klux Rept., p. 441; _N. Y. World_, July 20, 1865; oral accounts +and letters. It was on this theory that the Bureau was established, and at +the head of the institution was placed General O. O. Howard, who was a +soft-hearted, unpractical gentleman, with boundless confidence in the +negro and none whatever in the old slave owner. A man of hard common sense +like Sherman would have done less harm and probably much good with the +Bureau. + +[1138] Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess. + +[1139] Circular No. 5, June 2, 1865 (Howard); Circular No. 2, July 14, +1865 (Conway); Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess. + +[1140] Freedmen's Bureau Report, Dec., 1865. + +[1141] In November, 1866, the following army officers, most of whom were +members of the Veteran Reserve Corps, were made superintendents of these +depots: Montgomery, Capt. J. L. Whiting, V.R.C.; Mobile, Brevet Major G. +H. Tracy, 15th Infantry; Huntsville, Brevet Col. J. B. Callis, V.R.C.; +Selma, Lieut. George Sharkley; Greenville, James F. McGogy, Late First +Lieut. U.S.A.; Tuscaloosa, Capt. W. H. H. Peck, V.R.C.; Talladega, J. W. +Burkholder, A.A.G., U.S.A.; Demopolis, Brevet Major C. W. Pierce, V.R.C. +Other Bureau officials who afterward became well-known carpet-baggers +were: Major C. A. Miller, 2d Maine Cavalry, A.A.G.; Major B. W. Norris, +Additional Paymaster; Lieut.-Col. Edwin Beecher, Additional Paymaster; +Rev. C. W. Buckley, Chaplain 47th U.S.C. Infantry. Other officers of the +V.R.C. who arrived later were Capt. Roderick Theune, Lieuts. George F. +Browing, G. W. Pierce, John Jones, P. E. O'Conner, and Joseph Logan. See +Swayne's Report, Oct. 31, 1866; Sen. Ex. Doc., No. 21, 40th. Cong., 2d +Sess. With one exception these later assisted in Reconstruction. + +[1142] Freedmen's Bureau Report, Oct. 24, 1869. + +[1143] Freedmen's Bureau Report, Oct. 24, 1868. + +[1144] McPherson's scrap-book, "Freedmen's Bureau Bill, 1866," p. 128. + +[1145] For examples, see Schurz's Report and accompanying documents, Nos. +20, 21, 22, 28; Taylor, "Destruction and Reconstruction"; article by +Schurz in _McClure's Magazine_, Jan., 1904. + +[1146] _The Nation_, Feb. 15, 1866. + +[1147] Report of the Joint Committee on Reconstruction, Pt. III, p. 138. + +[1148] G. O. No. 7, Montgomery, Aug. 4, 1865. + +[1149] No one ever knew exactly how far the military commander was bound +to obey the assistant commissioner and _vice versa_. The problem was at +last solved by making Swayne military commander also. + +[1150] Report of the Joint Committee on Reconstruction, Pt. III, p. 138 +(testimony of General Wager Swayne). + +[1151] Report of the Joint Committee on Reconstruction, Pt. III, p. 138. + +[1152] Swayne did not hesitate to intimidate such men as Parsons. He would +treat old men--former senators, governors, and congressmen--as if they +were bad boys; he himself was under thirty. + +[1153] The reason for this was that the day before several Federal drunken +officers had been careering around the bay in a boat, and Forsyth, who was +on this boat, did not want his party of ladies to meet them. + +[1154] Statement of Swayne, 1901; _N. Y. News_, Aug. 21, 1865. + +[1155] Circular No. 20 (Freedmen's Bureau), War Dept., Nov. 30, 1865. + +[1156] Circular No. 15, Sept. 12, 1865. + +[1157] McPherson, "Reconstruction," p. 13. + +[1158] Richardson, Messages and Papers of the Presidents, Vol. VI, p. 352; +G. O. No. 64, Dept. Ala., Dec. 10, 1865; Swayne's Report, Jan. 31, 1865; +Freedmen's Bureau Reports, Dec., 1865, and Nov., 1866. + +[1159] Freedmen's Bureau Report, Dec., 1895; Swayne's Reports, Jan. 31 and +Oct. 31, 1866, in Ho. Ex. Doc., No. 70, and Sen. Ex. Doc., No. 6, 39th +Cong., 1st Sess. + +[1160] Freedmen's Bureau Report, Nov. 1, 1866. + +[1161] Ho. Rept., No. 121, 41st Cong., 2d Sess.; Sen. Ex. Doc., No. 6, +39th Cong., 1st Sess. + +[1162] Freedmen's Bureau Reports, Dec., 1865, and Nov., 1866; Ho. Ex. +Doc., No. 142 41st Cong., 2d Sess.; Miller, "History of Alabama," p. 240. +Congress appropriated $20,000,000, and there was an immense amount of +Confederate property confiscated and sold for the benefit of the Bureau. +Of this no account was kept. One detailed estimate of Bureau expenses is +as follows:-- + + Appropriations by Congress $20,000,000 + General Bounty Fund 8,000,000 + Freedmen and Refugee Fund 7,000,000 + Retained Bounty Fund (Butler) 2,000,000 + School Fund (Confiscated Property) 2,500,000 + ----------- + Total $39,500,000 + +Edwin De Leon, "Ruin and Reconstruction of the Southern States," in +_Southern Magazine_, 1874. See also Ho. Ex. Doc., No. 142, 41st Cong., 2d +Sess. + +[1163] G. O. No. 4, July 28, 1865. + +[1164] _N. Y. News_, Sept. 7, 1865 (Montgomery correspondent); Ku Klux +Rept., p. 441; oral accounts. + +[1165] _Montgomery Mail_, May 12, 1865. + +[1166] Howard's Circular, May 30, 1865; War Department Circular No. 11, +July 12, 1865. + +[1167] _Huntsville Advocate_, July 26, 1865. This was when the army +officials were conducting the Bureau. Later the civilian agents charged $2 +for making every contract, and the negroes soon wanted the Bureau +abolished so far as it related to contracts. _N. Y. Times_, March 12, 1866 +(letter from Florence, Ala.). In Madison County some of the negroes tarred +and feathered a Bureau agent who had been collecting $1.50 each for +drawing contracts. _N. Y. Herald_, Dec. 22, 1867. + +[1168] Swayne's Report, Jan. 31, 1866. + +[1169] These regulations bear the approval of the other two rulers of +Alabama--General Woods and Governor Parsons. See G. O. No. 12, Aug. 30, +1865. + +[1170] G. O. No. 13, Sept., 1865. This order was in force until 1868. See +_N. Y. World_, Nov. 20, 1867. + +[1171] These propositions were approved by A. Humphreys, assistant +superintendent at Talladega, and by General Chetlain, commanding the +District of Talladega. _Selma Times_, Dec. 4, 1865. + +[1172] _Selma Messenger_, Nov. 15, 1865; _N. Y. World_, Nov. 20, 1867. + +[1173] Ku Klux Rept., p. 441; _N. Y. News_, Sept. 7, 1865; oral accounts. + +[1174] Swayne's Report, Jan., 1866. Rev. C. W. Buckley, in a report to +Swayne (dated Jan. 5, 1866), of a tour in Lowndes County, stated that +while the Bureau and the army and the "government of the Christian +nation," each had done much good, all was as nothing to what God was +doing. The hand of God was seen in the stubborn and persistent reluctance +of the negro to make contracts and go to work; God had taught the +8,000,000 arrogant and haughty whites that they were dependent upon the +freedmen; God had ordained that "the self-interest of the former master +should be the protection of the late slaves." + +[1175] Swayne's Report, Oct. 31, 1865. + +[1176] Freedmen's Bureau Report, Oct. 24, 1868. + +[1177] _De Bow's Review_, 1866. + +[1178] Freedmen's Bureau Report, Dec., 1865. + +[1179] Howard's Circular Letter, Oct. 4, 1865. + +[1180] Report, Oct. 31, 1866. + +[1181] Herbert, "Solid South," p. 31; _N. Y. News_, Sept. 3, 1865 (Selma +correspondent). + +[1182] In one case the agent in Montgomery sent to Troy, fifty-two miles +distant, and arrested a landlord who refused to rent a house to a negro. +The negro told the Bureau agent that he was being evicted. + +[1183] There were several plantations near Montgomery, Selma, Mobile, and +Huntsville where negroes were thus collected. + +[1184] In Montgomery, the Rev. C. W. Buckley, a "hard-shell" preacher, +looked after negro contracts. A negro was not allowed to make his own +contract, but it must be drawn up before Buckley. When a negro broke his +contract, Buckley always decided in his favor, and avowed that he would +sooner believe a negro than a white man. His delight was to keep a white +man waiting for a long time while he talked to the negro, turning his back +to and paying no attention to the white caller. He preached to the negroes +several times a week, not sermons, but political harangues. The audience +was composed chiefly of negro women, who, if they had work, would leave it +to attend the meetings. They would not disclose what Buckley said to them, +and when questioned would reply, "It's a secret, and we can't tell it to +white folks." Buckley advocated confiscation, but Swayne, who had more +common sense, frowned upon such theological doctrines. + +[1185] Barker, a carriage-maker at Livingston, was arrested and confined +in prison for some time, and finally was released without trial. He was +told that a negro servant had preferred charges against him, and later +denied having done so. Such occurrences were common. Ku Klux Rept. Ala. +Test., pp. 357, 371, 390, 475, 487, 1132; Ho. Ex. Doc., No. 27, 39th +Cong., 1st Sess.; Swayne's Reports, Dec., 1865, and Jan., 1866. + +[1186] _Selma Times_, April 11, 1866. Busteed was a much-disliked +carpet-bag Federal judge. Mr. Burns survived the _Busting_, and was a +member of the Constitutional Convention of 1901. + +[1187] The Bureau courts continued to act even after the state was +readmitted to the Union. In 1868, two constables arrested a negro charged +with house-burning in Tuscumbia. Col. D. C. Rugg, the Bureau agent at +Huntsville, raised a force of forty negroes and came to the rescue of the +negro criminal. "If you attempt to put that negro on the train," he said, +"blood will be spilled. I am acting under the orders of the military +department." The officers were trying to take him to Tuscumbia for trial. +Rugg thought the Bureau should try him, and said, "These men [the negroes] +are not going to let you take the prisoner away, and blood will be shed if +you attempt it." _N. Y. World_, Oct. 23, 1868; _Tuscaloosa Times_. + +[1188] Probably more. Freedmen's Bureau Report, Nov. 1, 1866. + +[1189] Bureau Reports, 1865-1869. + +[1190] Freedmen's Bureau Reports, 1865-1870; Hardy, "History of Selma"; +_N. Y. World_, Nov. 13, 1865. + +[1191] The Southern Famine Relief Commission of New York, which worked in +Alabama until 1867, reported that there was much greater suffering from +want among the whites than among the blacks. This society sent corn alone +to the state,--65,958 bushels. See Final Proceedings and General Report, +New York, 1867. + +[1192] Freedmen's Bureau Reports, 1865-1868. + +[1193] Ho. Rept., No. 121, 41st Cong., 2d Sess. + +[1194] Sen. Ex. Doc., No. 6, 39th Cong., 1st Sess. + +[1195] Freedmen's Bureau Report, Dec., 1865. + +[1196] Swayne's Report, Oct. 31, 1866; _N. Y. Daily News_, Sept. 7, 1865 +(Montgomery correspondent). + +[1197] Trowbridge, "The South," p. 446. + +[1198] In the convention of 1867 this teaching bore fruit in the ordinance +authorizing suits by former slaves to recover wages from Jan. 1, 1863. + +[1199] _N. Y. World_, Nov. 13, 1865 (Selma correspondent); oral accounts. + +[1200] _De Bow's Review_, March, 1866 (Dr. Nott); _N. Y. Times_, Oct. 3, +1865; _Montgomery Advertiser_, March 21, 1866. + +[1201] Du Bois in _Atlantic Monthly_, March, 1901. + +[1202] A Tallapoosa County farmer stated that for three years after the +war the crops were very bad. Yet the whites who had negroes on their farms +felt bound to support them. But if the whites tried to make the negroes +work or spoke sharply to them, they would leave and go to the Bureau for +rations. P. M. Dox, a Democratic member of Congress in 1870, said that in +north Alabama, in 1866-1867, negro women would not milk a cow when it +rained. Servants would not black boots. There was a general refusal to do +menial service. Ala. Test., pp. 345, 1132. The Alabama cotton crop of 1860 +was 842,729 bales; of 1865, 75,305 bales; of 1866, 429,102 bales; of 1867, +239,516 bales; of 1868, 366,193 bales. Of each crop since the war an +increasingly large proportion has been raised by the whites. + +[1203] Swayne's Report, Oct. 31, 1866. + +[1204] Within the last five years I have seen several old negroes who said +they had been paying assessments regularly to men who claimed to be +working to get the "forty acres and the mule" for the negro. They +naturally have little to say to white people on the subject. From what I +have been told by former slaves, I am inclined to think that the negroes +have been swindled out of many hard-earned dollars, even in recent times, +by the scoundrels who claim to be paying the fees of lawyers at work on +the negroes' cases. + +[1205] Swayne's Report, Oct. 31, 1866; Freedmen's Bureau Report, Dec., +1865; Grant's Report; Truman's Report, April 9, 1866; _DeBow's Review_, +March, 1866; _Montgomery Advertiser_, March 1, 1866; _N. Y. News_, Nov. +25, 1865 (Selma correspondent); _N. Y. World_, Nov. 13, 1865; _N. Y. +Times_, Oct. 31, 1865; _N. Y. News_, Sept., and Oct. 2, 7, 1865. B. W. +Norris, a Bureau agent from Skowhegan, Maine, told the negroes the tale of +"forty acres and a mule," and they sent him to Congress in 1868 to get the +land for them. He told them that they had a better right to the land than +the masters had. "Your work made this country what it is, and it is +yours." Ala. Test., pp. 445, 1131. + +[1206] Ala. Test., p. 314. + +[1207] Ball, "Clarke County," p. 627. + +[1208] Ala. Test., p. 1133. + +[1209] Ala. Test., p. 460; see Annual Cyclopædia (1867), article +"Confiscation." + +[1210] _Montgomery Advertiser_, March, 1866. Buckley was known among the +"malignants" as "the high priest of the nigger Bureau." _N. Y. World_, +Dec. 22, 1867. + +[1211] _N. Y. Herald_, July 23, 1865; Herbert, "Solid South," p. 30. + +[1212] _DeBow's Review_, 1866; oral accounts. + +[1213] _N. Y. Times_, Feb. 12, 1866 (letter of northern traveller); +Steedman and Fullerton's Reports; _N. Y. Herald_, June 24, 1866; +_Columbus_ (Ga.) _Sun_, Nov. 22, 1865; _N. Y. Times_, Jan. 25, 1866. + +[1214] Account by Col. J. W. DuBose in manuscript. + +[1215] Herbert, "Solid South," pp. 30, 31; _N. Y. Times_, Jan. 25, 1866. + +[1216] Ho. Rept., No. 121, 41st Cong., 2d Sess.; Ku Klux Rept., p. 441. +See chapter in regard to Union League. + +[1217] See also DuBois, in _Atlantic Monthly_, March, 1901; Ho. Ex. Doc., +No. 241, 41st Cong., 2d Sess. + +[1218] Ho. Rept., No. 121, p. 47, 41st Cong., 2d Sess. + +[1219] Some of the prominent incorporators were Peter Cooper, William C. +Bryant, A. A. Low, Gerritt Smith, John Jay, A. S. Barnes, J. W. Alvord, S. +G. Howe, George L. Stearns, Edward Atkinson, and A. A. Lawrence. The act +of incorporation was approved by the President on March 3, 1865, at the +same time the Freedmen's Bureau Bill was approved. Numbers of the +incorporators and bank officials were connected with the Bureau. See Ho. +Mis. Doc., No. 16, 43d Cong., 2d Sess. + +[1220] A Bureau paymaster. + +[1221] Ho. Mis. Doc., No. 16, 43d Cong., 2d Sess. + +[1222] Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess. + +[1223] See Williams, "History of the Negro Race in America," Vol. II, p. +410. August was a month in which there was little money-making among the +negroes. It was vacation time, between the "laying by" and the gathering +of the crop. + +[1224] Hoffman, "Race Traits and Tendencies," p. 290, says $3,013,699. + +[1225] Hoffman, p. 290; also Sen. Rept., No. 440, 46th Cong., 2d Sess. +Williams, Vol. II, p. 411, states that the total deposits amounted to +$57,000,000, an average of $284 for each depositor. + +[1226] Dividends were declared as follows: Nov. 1, 1875, 20%; March 20, +1875-1878, 10%; Sept. 1, 1880, 10%; June 1, 1882, 15%; May 12, 1883, 7%; +making 62% in all. To 1886, $1,722,549 had been paid to depositors, and +there was a balance in the hands of the government receivers of $30,476. + +[1227] Williams, "History of the Negro Race," Vol. II, pp. 403-410; Fred +Douglass, "Life and Times," Ch. XIV; Ho. Mis. Doc., No. 16, 43d Cong., 2d +Sess.; Du Bois, "The Souls of Black Folk"; the various reports of the +Freedmen's Bureau and of the commissioners appointed to settle the affairs +of the Freedmen's Savings and Trust Company, to 1902; Hoffman, "Race +Traits and Tendencies," pp. 289, 290; Fleming, "Documents relating to +Reconstruction," Nos. 6 and 7. + +[1228] Regulations of the Treasury Dept., July 29, 1864. + +[1229] McPherson, "Rebellion," pp. 594, 595; McPherson, "Reconstruction," +pp. 147-151. + +[1230] See Ch. IV, sec. 7. + +[1231] DuBois (_Atlantic Monthly_, March, 1901) declares that the +opposition to the education of the negro was bitter, for the South +believed that the educated negro was a dangerous negro. This statement is +perhaps partially correct for fifteen or twenty years after 1870, but it +is not correct for 1865-1869. + +[1232] _The Gulf States Hist. Mag._, Sept., 1902; Report of General Swayne +to Howard, Dec. 26, 1865. The evidence on this point that is worthy of +consideration is conclusive. It is all one way. See also Chs. XIX and XX, +below. + +[1233] Report of Swayne, Oct. 31, 1866. + +[1234] "Up from Slavery," pp. 29, 30. + +[1235] _Daily News_, Sept. 7, 1865 (Montgomery correspondence). Oral +accounts. + +[1236] G. O. No. 11, July 12, 1865 (Montgomery); Freedmen's Bureau +Reports, 1865-1869. + +[1237] Swayne's Report, Oct. 31, 1866; Freedmen's Bureau Report, 1866. + +[1238] Swayne's Report., Oct. 31, 1866. + +[1239] Freedmen's Bureau Report, Dec., 1865; Ho. Ex. Doc., No. 70, 39th +Cong., 1st Sess. + +[1240] _Daily News_, Oct. 21, 1865 (Mobile correspondent); _De Bow's +Review_, 1866 (Dr. Nott). + +[1241] Swayne's Report, Oct. 31, 1866. + +[1242] The account of this particular school was given me by Dr. O. D. +Smith of Auburn, Ala., who was one of the men who chose the white teacher. + +[1243] Swayne's Report, Oct. 31, 1866. + +[1244] Report, Oct. 31, 1866. + +[1245] Rent was usually paid at the rate of $20 a month for thirty pupils. +Ho. Rept., No. 121, pp. 47, 369, 374, 377, 41st Cong., 2d Sess. The books +of the American Missionary Association showed that it had received, in +1868 and 1869, from the Freedmen's Bureau for Alabama, the following +amounts in cash, though how much it received before these dates is not +known. + + December, 1867 $4000.00 + October, 1868 583.86 + February, 1868 25.41 (?) + January, 1869 218.25 + April, 1869 683.53 + May, 1869 1397.49 + June, 1869 95.87 + July, 1869 527.00 + September, 1869 3049.59 + November, 1869 3469.50 + December, 1869 2083.78 + For building (?) 20,000.00 + +An item in the account of the Association was "Chicago to Mobile, +$20,000." No one was able to explain what it meant unless it was the +$20,000 building in Mobile used as a training school for negro teachers +and on which the Bureau paid rent. In the southern states the Bureau paid +to the American Missionary Association, as shown by the books of the +latter, $213,753.22. Judging from the variable items not noted above, rent +was evidently not included nor even all the cash. Ho. Rept., No. 121, p. +369 _et seq._, 41st Cong., 2d Sess. (Howard Investigation). + +[1246] Buckley's Report for March 15, 1867; Semiannual Report on Schools +for Freedmen, July 4, 1867; General Clanton in Ku Klux Rept. Ala. Test. + +[1247] Francis Wayland. + +[1248] S. G. Greene, president of the association. + +[1249] President Hill of Harvard College. + +[1250] Reports, Proceedings, and Lectures of the National Teachers' +Association, 1865 to 1880; Reports of the Freedmen's Aid Societies of the +Methodist Episcopal Church. For results of the mistaken teachings of the +radical instructors, see Page's article on "Lynching" in the _North +American Review_, Jan., 1904. + +[1251] Miss Alice M. Bacon, in the Slater Fund Trustees, Occasional +Papers, No. 7, p. 6. Armstrong, at Hampton, Va., was a shining exception +to the kind of teachers described above. + +[1252] The Reconstruction government was now in power. There were, at this +time, thirty-one Bureau schools at thirty-one points in the state. + +[1253] Freedmen's Bureau Reports, 1867-1870. + +[1254] _Atlantic Monthly_, March, 1901. + +[1255] Sir George Campbell, "White and Black," pp. 131, 383; Thomas, "The +American Negro," p. 240; Washington, "The Future of the American Negro," +pp. 25-27, 55; _DeBow's Review_, 1866; Slater Fund Trustees, Occasional +Papers, No. 7. Washington tells of the craze for the education in Greek, +Latin, and theology. This education would make them the equal of the +whites, they thought, and would free them from manual labor, and above all +fit them for office-holding. Nearly all became teachers, preachers, and +politicians. "Up from Slavery," pp. 30, 80, 81; "Future of the American +Negro," p. 49. + +[1256] From the surrender of the Confederate armies, to his death in 1903, +Dr. Curry was a stanch believer in the work for negro education. No other +man knew the whole question so thoroughly as he. And he had the advantage +of a close acquaintance with the negro from his early childhood. His +observations as to the effects of alien efforts to educate the black will +be found in the Slater Fund Occasional Papers, and in an address delivered +before the Montgomery Conference in 1900. See also Ch. XIV. + +[1257] I have talked with many who uniformly assert that they were unable +to conform to the Bureau regulations. It was better to let land remain +uncultivated. Wherever possible no attention was paid to the rules. The +negro laborers themselves have no recollections of any real assistance in +labor matters received from the Bureau. They remember it rather as an +obstruction to laboring freely. + +[1258] The President and the Supreme Court now being powerless. + +[1259] That is, blacks and such whites as were not "disfranchised for +participation in the rebellion or for felony." + +[1260] July 11, 1868, the oath was modified for those whose disabilities +had been removed by Congress; Feb. 15, 1871, those not disfranchised by +the Fourteenth Amendment were allowed to take the modified oath of July +11, 1868, instead of the iron-clad oath. See MacDonald, "Select Statutes." +The Alabama representatives all took the "iron-clad" oath. + +[1261] Text of the Act, McPherson, "Reconstruction," pp. 191, 192; G. O. +No. 2, 3d M. D., April 3, 1867. For criticism, Burgess, "Reconstruction," +pp. 112-122; Dunning, "Civil War and Reconstruction," pp. 123, 126-135, +143. + +[1262] G. O. Nos. 10 and 18, H. Q. A., March 11 and 15, 1867; McPherson, +p. 200. + +[1263] Report of Secretary of War, 1867, Vol. I, p. 321. + +[1264] The oath was: "I, ---- ----, do solemnly swear (or affirm), in the +presence of Almighty God, that I am a citizen of the State of Alabama; +that I have resided in said State for ---- months, next preceding this +day, and now reside in the county of ---- in said State; that I am +twenty-one years old; that I have not been disfranchised for participation +in any rebellion or civil war against the United States, nor for felony +committed against the laws of any State or of the United States; that I +have never been a member of any State legislature, nor held any executive +or judicial office in any State and afterward engaged in insurrection or +rebellion against the United States or given aid and comfort to the +enemies thereof; that I have never taken an oath as a member of Congress +of the United States, as an officer of the United States, or as a member +of any State legislature, or as an executive or judicial officer of any +State, to support the Constitution of the United States and afterwards +engaged in insurrection or rebellion against the United States or given +aid and comfort to the enemies thereof; that I will faithfully support the +Constitution and obey the laws of the United States, and will, to the best +of my ability, encourage others to do so, so help me God!" McPherson, +"Reconstruction," pp. 192, 205; G. O. No. 5, 3d M. D., April 8, 1867. + +[1265] McPherson, "Reconstruction," pp. 192-194; Burgess, +"Reconstruction," pp. 129-135; Dunning, "Civil War and Reconstruction," +pp. 124, 125. + +[1266] G. O. Nos. 1 and 2, 3d M. D., April 1 and 3, 1866; _N. Y. Herald_, +April 6, 1867; Annual Cyclopædia (1867), p. 19; McPherson, pp. 201, 205; +Report of Secretary of War, 1867, Vol. I, p. 322; Herbert, "Solid South," +p. 38. + +[1267] G. O. No. 1, Dist. Ala., April 2, 1867; McPherson, p. 206. + +[1268] Report of Secretary of War, 1867, Vol. I, p. 466; _N. Y. Herald_, +April 6, 1867. + +[1269] Ho. Ex. Doc., No. 20, 40th Cong., 1st Sess. + +[1270] G. O. No. 52, H. Q. A., April 11, 1867. + +[1271] Report of Secretary of War, 1867, Vol. I, p. 353. + +[1272] G. O. No. 4, 3d M. D., April 4, 1867. + +[1273] G. O. No. 10, 3d M. D., April 23, 1867. + +[1274] G. O. No. 48, 3d M. D., Aug. 6, 1867. + +[1275] Annual Cyclopædia (1867), p. 17. + +[1276] G. O. No. 25, 3d M. D., May 29, 1867. (This was to favor Radical +meetings. There were many stump speakers sent down from the North to tell +the negro how to vote, and it was feared they might excite the whites to +acts of violence.) _N. Y. Herald_, June 4, 1867 (explanatory order). + +[1277] McPherson, "Reconstruction," pp. 335, 336; Dunning, pp. 153, 154. + +[1278] As long as Pope was in command at Montgomery and Atlanta, he and +Grant kept up a rapid and voluminous (on the part of Pope) correspondence. +They were usually agreed on all that pertained to Reconstruction, both now +being extreme in their views. + +[1279] Ho. Ex. Doc., No. 30, 40th Cong., 2d Sess.; No. 20, 40th Cong., 1st +Sess.; McPherson, p. 312. + +[1280] G. O. No. 45, 3d M. D., Aug. 2, 1867; McPherson, p. 319. + +[1281] G. O. Nos. 53 and 55, 3d M. D., Aug. 19 and 23, 1867; Report of the +Secretary of War, 1867, Vol. I, p. 331; McPherson, p. 319. + +[1282] See _Selma Messenger_, Jan. 17, 1868. + +[1283] See McPherson, p. 312. + +[1284] _Eutaw Whig and Observer_, Dec. 12 and 24, 1867. + +[1285] S. O. No. 2, 3d M. D., April 15, 1867; Annual Cyclopædia (1867), p. +20; _Montgomery Mail_, April 30, 1867. + +[1286] See p. 509. + +[1287] G. O. Nos. 35, 38, 40, Post of Mobile, 1867; Annual Cyclopædia +(1867), pp. 20-23; _N. Y. Times_, May 21, 1867. + +[1288] _N. Y. World_, May 28, 1867; S. O. No. 34, 3d M. D., May 31, 1867; +Herbert, "Solid South," p. 40; _N. Y. Times_, May 21, 1867. + +[1289] S. O. No. 38, 3d M. D., June 6, 1867; S. O. No. 27, 3d M. D., May +22, 1867; _N. Y. Tribune_, June 12, 1867; _Selma Messenger_, June 18, +1867; _Evening Post_, May, 1867; Annual Cyclopædia (1867), pp. 20-25; +_Mobile Register_, Oct. --, 1867. + +[1290] _Mobile Register_, Oct. --, 1867. + +[1291] Herbert, "Solid South," pp. 40, 41; _N. Y. Times_, Dec. 27, 1867. +See above, p. 393. + +[1292] S. O. Nos. 9, 10, 16, 18, 19, 20, 22, 24, 25, 26, 27, 31, 32, 35, +36, 37, 38, 39, 3d M. D., 1867; Report of the Secretary of War, 1867, Vol. +I, p. 327. (Some of the persons appointed were B. T. Pope and David P. +Lewis, judges; George P. Goldthwaite, solicitor; and B. F. Saffold, mayor +of Selma.) + +[1293] Report of the Secretary of War, 1867, Vol. I, p. 364. + +[1294] G. O. No. 77, 3d M. D., Oct. 19, 1897; McPherson, p. 319. + +[1295] G. O. No. 103, 3d M. D., Dec. 21, 1867. + +[1296] Report of the Secretary of War, 1877, Vol. I, p. 333; McPherson, p. +316. + +[1297] S. O. 254, 3d M. D., Nov. 26, 1867; Pope to Swayne, Nov. 20, 1867; +_N. Y. World_, Dec. 14, 1867. + +[1298] G. O. No. 3, Sub-dist. Alabama, April 12, 1867; McPherson, p. 319. + +[1299] McPherson, p. 319. + +[1300] _N. Y. Herald_, April 6, 1867. + +[1301] _N. Y. Tribune_, June 1, 1867; _N. Y. Herald_, June 4, 1867; G. O. +No. 28, 3d M. D., June 3, 1867; Report of the Secretary of War, 1867, Vol. +I, p. 326. + +[1302] Aug. 12, 1867. + +[1303] G. O. Nos. 1 and 10. + +[1304] G. O. No. 49, 3d M. D., Aug. 12, 1867. + +[1305] Report of the Secretary of War, 1867, Vol. I, p. 235. + +[1306] _Selma Messenger_, Dec. 25, 1867. + +[1307] G. O. No. 25, 3d M. D., 1867. + +[1308] S. O. No. 53, 3d M. D., June 27, 1867; G. O. No. 44, 3d M. D., Aug. +1, 1867; Ho. Ex. Doc., No. 30, 40th Cong., 2d Sess. + +[1309] G. O. No. 94, 3d M. D., 1867. + +[1310] S. O. No. 96, 3d M. D., Aug 5. 1867; Ho. Ex. Doc., No. 30, 40th +Cong., 2d Sess. There were other cases not referred to in general and +special orders, but this was the only case in which Pope himself directly +interfered. + +[1311] G. O. No. 5, 3d M. D., April 8, 1867. + +[1312] In this way, white majorities in ten counties were overcome by +black majorities in the adjoining counties of the district. + +[1313] Of the registrars who later became somewhat prominent in politics, +the whites were Horton, Dimon, Dereen, Sillsby, William M. Buckley, +Stanwood, Ely, Pennington, Haughey--all being northern men. Of the negro +members of the boards, Royal, Finley, Williams, Alston, Turner, Rapier, +and King (or Godwin) rose to some prominence, and their records were much +better that those of their white colleagues. + +[1314] G. O. No. 20, 3d M. D., May 21, 1867. + +[1315] G. O. No. 12, 3d M. D., 1867. + +[1316] Smith was later the first Reconstruction governor of Alabama. + +[1317] G. O. No. 41, 3d M. D., 1867. + +[1318] G. O. No. 50, 3d M. D., Aug. 15, 1867. + +[1319] Governor, secretary of state, treasurer, comptroller, sheriff, +judicial officers of every kind, and all court clerks and other officials, +commissioners, tax assessors and collectors, county surveyors, treasurers, +mayor, councilmen, justices of the peace, solicitors. + +[1320] Special Instructions to Registrars in Alabama, Report of the +Secretary of War, 1867, Vol. I, p. 339. + +[1321] Registration Orders, June 17, 1867. + +[1322] Record of Cabinet Meeting, June 18, 1867, in Ho. Ex. Doc., No, 34, +40th Cong., 1st Sess.; Burgess, p. 136; Ho. Ex. Doc., No. 20, 40th Cong., +1st Sess. + +[1323] Ho. Ex. Doc., No. 20, 40th Cong., 1st Sess.; McPherson, p. 311. See +above, p. 479. + +[1324] McPherson, pp. 335, 336; Burgess, pp. 138-142. + +[1325] McPherson, pp. 335, 336. + +[1326] G. O. No. 59, 3d M. D., Aug. 31, 1867; Journal of Convention of +1867, pp. 3-5; Report of the Secretary of War, 1867, Vol. I, pp. 356, 357; +_Tribune_ Almanac, 1868. + +[1327] Sen. Ex. Doc., No. 53, 40th Cong., 2d Sess. _Tribune_ Almanac, +1867, 1868; Report of Col. J. F. Meline, Inspector of Registration, Jan. +27, 1868. These figures are based on the latest reports of 1867. According +to the census of 1866, there would be in 1867, 108,622 whites over +twenty-one years of age, and 89,663 blacks. + +[1328] Meline's Report, Jan. 27, 1868. See also Ch. XIII below. + +[1329] G. O. No. 76, Oct. 18, 1867; Journal of Convention of 1867, pp. +1-3. + +[1330] McPherson, p. 319; Journal of Convention, 1867, pp. 110, 111, 276; +_N. Y. World_, Dec. 14, 1867. When the convention passed a resolution +indorsing the "firm and impartial, yet just and gentle," administration of +Pope, three delegates voted against it because they said Pope had not done +his full duty in removing disloyal persons from office but, after being +informed of their politics, had left them in office. Journal of +Convention, 1867, pp. 110, 111. For account of the convention, see below, +Ch. XIV. + +[1331] G. O. No. 101, Dec. 20, 1867; McPherson, p. 319; Journal of +Convention, p. 267. + +[1332] The 45th United States Infantry, a negro regiment. + +[1333] McPherson, p. 346; G. O. No. 104, H. Q. A. (A. G. O.), Dec. 28, +1867; G. O. No. 1, 3d M. D., Jan. 1, 1868. + +[1334] Herbert, "Solid South"; _N. Y. Times_, Jan. 24, 1868. + +[1335] G. O. No. 3, 3d M. D., Jan. 6, 1868. + +[1336] G. O. No. 16, 3d M. D., Jan. 27, 1868; Annual Cyclopædia (1868), p. +15; Report of Major-General Meade's Military Operations and Administration +of the 3d M. D., etc. (pamphlet); _N. Y. Times_, Jan. 24, 1868. + +[1337] See Ch. XV for "convention" candidates. + +[1338] Report of Meade, etc., 1868; Telegrams of Meade to Grant, Jan. 11, +12, and 18, and of Grant to Meade, Jan. 13 and 18. + +[1339] Report of Meade, etc., 1868; Herbert, "Solid South," pp. 48, 49. In +his first report Meade estimated that the constitution failed of +ratification by 8114 votes (Herbert, "Solid South," p. 49). In his report +at the end of the year, based on the official report of General Hayden, +which was made a month after the election, he changed the number to +13,550. See also Ch. XVI, on the rejection of the constitution. + +[1340] G. O. No. 42, 3d M. D., March 12, 1868; McPherson, p. 320; Meade's +Report, 1868. + +[1341] In one case he reinstated Charles R. Hubbard, Clerk of the District +Court, who had been removed by Swayne. This was contrary to instructions +from the War Department, which forbade the reappointment of an officer who +had been removed. Annual Cyclopædia (1868), p. 15. + +[1342] Report of Meade, etc., 1868; G. O. No. 10, 3d M. D., Jan. 15, 1868. + +[1343] G. O. No. 7, Jan. 11, 1868, republishing G. O. No. 3, War +Department, 1866. + +[1344] G. O. No. 47, 3d M. D., March 21, 1868. + +[1345] Pope was in feeble health, and this treatment hastened his death, +which occurred shortly after being released from jail. Brewer, "Alabama," +p. 524. + +[1346] G. O. No. 53, 3d M. D., April 7, 1868; _N. Y. Herald_, April 1, +1868. Judge Pope was arrested for violating Pope's G. O. Nos. 53, 55, +which certainly provided for mixed juries. Meade was simply putting his +own interpretation on these orders. + +[1347] G. O. No. 22, 3d M. D., Feb. 2, 1868; Report of Meade, etc., 1868. + +[1348] Report of Meade, etc,. 1868; _Independent Monitor_, April and May, +1868. The _Independent Monitor_ was a long-established and well-known +weekly paper. F. A. P. Barnard, who was afterwards president of Columbia +College, New York, was, when a professor at the University of Alabama, the +editor of the _Monitor_, and under him it won a reputation for spiciness +which it did not lose under Randolph. See also Ch. XXI, for Randolph and +the Ku Klux Klan. + +[1349] G. O. No. 31, Feb. 28, 1868; G. O. No. 44, March 18, 1868; G. O. +No. 69, April 24, 1868; McPherson, p. 320; Report of Meade, etc., 1868. + +[1350] G. O. No. 6, Jan. 10, 1868; G. O. No. 79, May 20, 1868; McPherson, +p. 320; Report of Meade, 1868. + +[1351] Report of Meade, 1868. + +[1352] G. O. No. 64, 3d M. D., April 19, 1868; _Selma Times and +Messenger_, April 29, 1868. + +[1353] This was the offence according to conservative testimony. The +Radical testimony did not differ greatly, but the "hog thief" happened to +be a carpet-bag politician also. + +[1354] These were the "Eutaw cases," and were tried at Selma. Meade +commuted some of the sentences at once. The prisoners were sent to Dry +Tortugas, and were later pardoned by Meade. The officials spoiled the +effect of his leniency by putting the pardoned prisoners ashore at +Galveston, Texas, without money and almost without clothes, while some of +the party were ill. Annual Cyclopædia (1868), p. 17; _Selma Times and +Messenger_, May 5, 1868; _N. Y. World_, May 28, 1868; G. O. No. 80, 3d M. +D., May 20, 1868. + +[1355] _Independent Monitor_, April and May, 1868; Report of Meade, 1868; +G. O. No. 78, 3d M. D., May 13, 1868. + +[1356] G. O. Nos. 64 and 65, 3d M. D., April 19 and 20, 1868. + +During the eight months of Meade's administration in the Third District, +there were thirty-two trials by military commission in Georgia, Florida, +and Alabama. Only fifteen persons were convicted. The sentences in four +cases were disapproved, in eight cases remitted, and two cases were +referred to the President, leaving only one person confined in prison. +Report of Meade, 1868. + +[1357] _Selma Messenger_, Oct. 25, 1867. + +[1358] _Montgomery Mail_, June 17, 1868; _Independent Monitor_, June 16, +1868. + +[1359] Annual Cyclopædia (1868), p. 17; _Montgomery Advertiser_, June 5, +1868. + +[1360] Ku Klux Rept., Ala. Test., pp. 1285-1286. + +[1361] McPherson, p. 337; see below, Ch. XV. + +[1362] Only the Radical candidates had been voted for. + +[1363] Report of Meade, 1868. + +[1364] G. O. No. 91, 3d M. D., June 28, 1868. + +[1365] G. O. No. 100, July 9, 1868. + +[1366] G. O. No. 101, July 14, 1868. + +[1367] The volume of orders numbered 598 in the Adjutant-General's office +at Washington contains the General Orders of the Third Military District. +Volume 599 relates to civil affairs in the same district. + +[1368] _N. Y. Herald_, June 27, 1867. + +[1369] Washington (in "The Future of the American Negro," pp. 11, 112, +136) thinks it unfortunate that the native whites did not make stronger +efforts to control the politics of the negro, and prevent him from falling +under the control of unscrupulous aliens. But any attempt to influence the +negro voters was looked upon as "obstructing reconstruction," and, in +fact, was contrary to the spirit of the reconstruction laws and rendered a +person liable to arrest. This was recognized by Patton and others, who, +however, never dreamed that the negroes would be so successfully exploited +by political adventurers, or perhaps they would have pursued a different +policy. General Clanton, the leader of the Conservatives, said that early +in 1867 the whites had endeavored to keep the blacks away from Radical +leaders by giving them barbecues, etc. On one occasion a Radical, who had +once been kept from mistreating negroes by the military authorities at +Clanton's request, told the negroes that the whites intended to poison +them at the barbecue. Two long tables had been set, one for each race, and +the preachers, speakers, and the whites were present, but the blacks did +not come. Ku Klux Rept., Ala. Test., pp. 237, 246. + +[1370] _N. Y. Herald_, March 26, 1867. + +[1371] Herbert, "Solid South," p. 39; Herbert, "Political History" in +"Memorial Record of Alabama," Vol. I, p. 88; Annual Cyclopædia (1867), p. +16. + +[1372] Northern observers who were friendly to the South saw the danger +much more clearly than the southerners themselves, who seemed unable to +take negro suffrage seriously or to consider it as great a danger as it is +generally believed they did. Two years of the Freedmen's Bureau had not +wholly succeeded in alienating the best of the whites and the negroes. The +whites thought that the removal of outside interference would quiet the +blacks. To give the negro the ballot was absurd, they thought, but they +did not consider it necessarily as dangerous as it turned out to be. A +remarkable prophecy of Reconstruction is found in Calhoun's Works, Vol. +VI, pp. 309-310. The behavior of the negro during and after the war, in +spite of malign influences, had been such as to reassure many whites, who +began to believe that to accept negro suffrage and get rid of the +Freedmen's Bureau and the army would be a good exchange. The northern +friendly observers saw more clearly because, perhaps, they better +understood the motives of the Radicals. The _N. Y. Herald_ said: "Briefly, +we may regard the entire ten unreconstructed southern states, with +possibly one or two exceptions, as forced by a secret and overwhelming +revolutionary influence to a common and inevitable fate. They are all +bound to be governed by blacks, spurred on by worse than blacks--white +wretches who dare not show their faces in respectable society anywhere. +This is the most abominable phase barbarism has assumed since the dawn of +civilization. It was all right and proper to put down the rebellion. It +was all right, perhaps, to emancipate the slaves, although the right to +hold them had been acknowledged before. But it is not right to make slaves +of white men, even though they may have been former masters of blacks. +This is but a change in a system of bondage that is rendered the more +odious and intolerable because it has been inaugurated in an enlightened +instead of a dark and uncivilized age." See Annual Register, 1867. + +[1373] See McPherson's scrapbook, "The Campaign of 1876," Vol. I, p. 105, +for an account of a typical meeting. + +[1374] _Selma Times_, March 19, 1867. + +[1375] _N. Y. Herald_, March 27, 1869. + +[1376] _N. Y. Herald_, April 25, 1869; Annual Cyclopædia (1869), p. 19. + +[1377] Annual Cyclopædia (1869), p. 19; _N. Y. Herald_, April 25, 1869. + +[1378] _N. Y. Herald_, May 17, 1869; Annual Cyclopædia (1867), pp. 18, 21. +It is noticeable all through Reconstruction that most of the demands for +social rights or privileges came from Mobile mulattoes. + +[1379] For an estimate of the importance of the Union League, see Ch. XVI. + +[1380] McPherson, "Reconstruction," pp. 249, 250. The last assertion +refers to such statements as those of Secretary McCulloch and the +Postmaster-General in regard to the character of the "loyalists." See +McCulloch, "Men and Measures," p. 228. + +[1381] See Herbert, "Solid South," p. 41. + +[1382] On March 15, 1867, Senator Wilson, in a speech in favor of negro +suffrage, said that when the purpose of the act of March 2 was carried +out, the "majority of these states will, within a twelvemonth, send here +senators and representatives that think as we think, and speak as we +speak, and vote as we vote, and will give their electoral vote for whoever +we nominate as candidate for President in 1868. The power is all in our +hands." _Cong. Globe_, March 15, 1867. + +[1383] Clanton had been a Whig, had opposed secession, made a brilliant +war record, became the leader of the Democratic and Conservative party in +1866, and led the fight against the carpet-bag government until his death +in 1871. He was killed in Knoxville by a hireling of one of the railroad +companies which had looted the state treasury and against which he was +fighting. Brewer, p. 466; Garrett, pp. 632-645. + +[1384] See Herbert, "Solid South," p. 40; Ku Klux Rept., Ala. Test., p. +249. + +[1385] _N. Y. Tribune_, May 16, 1867, editorial. When the shots were fired +Kelly showed the white feather, and reclined upon the platform behind and +under the speaker's chair; afterwards he ran hatless to the hotel, and +told the clerk to "swear he was out." A special boat at once took him from +the city to Montgomery. + +[1386] _N. Y. Tribune_, May 16, 1767; _N. Y. Times_, May 21, 1867; _N. Y. +World_, May 28, 1867; _Mobile Times_, ----, 1867; _Mobile Register_, ----, +1867; _Evening Post_, ----, 1867; Annual Cyclopædia (1867), pp. 22, 23. + +[1387] _N. Y. Herald_, May 26, 1867. + +[1388] See Herbert, "Solid South," p. 43; oral accounts, etc. + +[1389] Sykes soon deserted the Radicals, and was a Seymour elector the +next year. Later he was a candidate for the U. S. Senate against Spencer. +Brewer, p. 309. + +[1390] He was the north Alabama candidate for appointment as provisional +governor in 1865, but was defeated by Parsons, the middle Alabama +candidate. Parsons made him a judge, but he resigned because the lawyers +who argued before him spoke in insulting phrases concerning his war +record. In 1867 Pope appointed him superintendent of registration for the +state. He was a prominent member of the Union League. Brewer, p. 508; _N. +Y. Herald_, June 20, 1867; Report of Joint Committee on Reconstruction, +Pt. III. + +[1391] _N. Y. Herald_, June 20, 1867, a northern Republican account. + +[1392] Nicholas Davis of Madison County and Judge Busteed were both +candidates for the chairmanship. But the negroes and Union Leaguers were +hostile to Davis, because he did not like negro politicians and +carpet-baggers and was opposed to the Union League. Busteed was not a +favorite for practically the same reasons, and because the negroes thought +he was trying to "ride two horses at once." He had spoken at a meeting of +moderate reconstructionists in Mobile, had presided over the Kelly meeting +where the riot occurred, and was believed to be in favor of moderate +measures. He wrote a letter to the president of the convention, advising +moderation and criticising certain methods of the Radicals. This letter +was styled the "God save the Republic" letter, and was characterized, his +enemies said, by its bad taste and malignant spirit, and was a stab at his +best friends. He was chosen a member of the Lowndes County delegation, but +his name was erased from the list of delegates. He then asked to have the +privileges of the floor as a courtesy, but his request was denied. One +cause of dislike of him was that he was believed to have senatorial +aspirations, and expected the support of the moderates, or "rebel" +reconstructionists. But he was very unfortunate, for the "rebels" also +thought he was trying to play a double game and were dropping him. Suits +were pending against him charging him with malfeasance in office, +fraudulent conversion of money, and corrupt abuse of the judicial office. +Ex-Governor Watts, Judges S. F. Rice and Wade Keys, John A. Elmore, H. C. +Semple, D. S. Troy, and R. H. Goldthwaite were the parties prosecuting +him. _N. Y. Herald_, June 20, 1867; Brewer, p. 365; _Montgomery Mail_, +June 5, 1867. + +[1393] Swayne, as well as Busteed, was an aspirant for senatorial honors. +Busteed had succeeded in causing the rejection of Albert Griffin, the +editor of the _Mobile Nationalist_, as register in chancery. Griffin was +Swayne's friend, and now each gave the other the benefit of his influence. +_N. Y. Herald_, June 20, 1867; _Montgomery Mail_, June 5, 1867. + +[1394] _N. Y. Herald_, June 17, 1867. + +[1395] The only taxes that affected these people. + +[1396] Annual Cyclopædia (1869), pp. 25, 26; _Montgomery Mail_, June 5, +1867; _N. Y. Herald_, June 19, 20, 1867. + +[1397] _Montgomery Advertiser_, July 19, 1867. + +[1398] Herbert, pp. 43, 44; _N. Y. Herald_, June 20 and 27, 1867. Most of +the violent and radical schemes originated and were advocated by the white +Radical leaders. Generally the negro leaders made moderate demands. +Holland Thompson, a negro leader, in a speech at Tuskegee, advised his +race not to organize a negro military company, as it would be sure to +cause trouble. He said that the negro did not ask for social equality. He +told the negroes to stop buying guns and whiskey and go to work. +McPherson's scrapbook, "The Campaign of 1867," Vol. I, p. 107. In striking +contrast were the speeches of such white men as B. W. Norris and A. C. +Felder, who undertook to persuade the negroes that Reconstruction was the +remedy for all the ills that affected humanity. McPherson's scrapbook, +"The Fourth of July" (1867), pp. 124, 125. + +[1399] Herbert, p. 44. + +[1400] Lawyer, colonel of 7th Alabama Cavalry, superintendent of +education, 1870-1872, author of "The Cradle of the Confederacy," "Alabama +Manual and Statistical Register," editor _Montgomery Mail_, _Mobile +Register_, etc. + +[1401] A reign of terror had followed the reconstruction of Tennessee +under "Parson" Brownlow. + +[1402] _N. Y. Times_, Aug. 19, 1867. + +[1403] _N. Y. Herald_, Sept. 6, 1867; Annual Cyclopædia (1867), p. 28; +Herbert, p. 44. + +[1404] Herbert, pp. 44, 45; _N. Y. Herald_, Sept. 6, 1867. + +[1405] _Montgomery Sentinel_, July 3, 1867; _N. Y. Herald_, Aug. 5, 1867. + +[1406] Ku Klux Rept., Ala. Test., p. 357. A frequent threat. + +[1407] _N. Y. World_, Nov. 11, 1867; Harris, "Political Conflict in +America," p. 479. + +[1408] _N. Y. Herald_, Oct. 13, 1867. + +[1409] Accounts of negroes and whites who were at the polls. + +[1410] _Selma Messenger_, Oct. 10 and 12, Dec. 20 and 22, 1867, and Jan. +2, 1868; _Montgomery Mail_, Jan. 30, 1868; Ball, "Clarke County"; oral +accounts. + +[1411] Freedmen's Bureau Report, Nov. 1, 1867. + +[1412] Sen. Ex. Doc., No. 53, 40th Cong., 2d Sess.; Ho. Ex. Doc., No. 238, +40th Cong., 2d Sess. The _N. Y. Tribune_, Oct. 21, 1867, gives slightly +different figures. Statements of the vote do not agree. There was much +confusion in the records. For statistics, see above, pp. 491, 494. + +[1413] Samuel A. Hale, a dissatisfied Radical from New Hampshire, a +brother of John P. Hale, wrote to Senator Henry Wilson, on Jan. 1, 1868, +concerning the character of the members of the convention. He said that +many were negroes, grossly ignorant; a large proportion were northern +adventurers who had manipulated the negro vote; and all were "worthless +vagabonds, homeless, houseless, drunken knaves." Hale had lived for +several years in Alabama. Ku Klux Rept., Ala. Test., pp. 1815-1830. + +[1414] There is doubt about four or five men, whether they were black or +white. The lists made at the time do not agree. + +[1415] _N. Y. World_, Nov. 11, 1867, and Feb. 22, 1868; _Selma Messenger_, +Dec. 20 and 22, 1867; Annual Cyclopædia (1867), p. 30; Herbert, "Solid +South," p. 45. A partial list of aliens as described by a northern +correspondent: A. J. Applegate of Wisconsin; Arthur Bingham of Ohio and +New York; D. H. Bingham of New York, who had lived in the state before the +war, an old man, and intensely bitter in his hatred of southerners; W. H. +Block of Ohio; W. T. Blackford of New York, a Bureau official, "the wearer +of one of the two clean shirts visible in the whole convention"; M. D. +Brainard of New York, a Bureau clerk who did not know, when elected to +represent Monroe, where his county was located; Alfred E. Buck of Maine, a +court clerk of Mobile appointed by Pope; Charles W. Buckley of +Massachusetts, New York, and Illinois, chaplain of a negro regiment, later +a Bureau official; William M. Buckley of New York, his brother; J. H. +Burdick of Iowa, extremely radical; Pierce Burton of Massachusetts, who +had been removed from the Bureau for writing letters to northern papers, +advocating the repeal of the cotton tax, but now that the negroes desired +the repeal of the tax, the breach was healed; C. M. Cabot of (unknown), +member of Convention of 1865; Datus E. Coon of Iowa; Joseph H. Davis of +(unknown), surgeon U.S.A., member of convention of 1865; Charles H. Dustan +of Illinois; George Ely of Massachusetts and New York; S. S. Gardner of +Massachusetts, of the Freedmen's Bureau; Albert Griffin of Ohio and +Illinois, Radical editor; Thomas Haughey of Scotland, surgeon U.S.A.; R. +M. Johnson of Illinois, lived in Montgomery and represented Henry County; +John C. Keffer of Pennsylvania, chairman of Radical Executive Committee, +"known to malignants as the 'head devil' of the Loyal League"; David Lore +of (unknown); Charles A. Miller of Maine, Bureau official, "wore the +second clean shirt in the convention"; A. C. Morgan of (unknown); B. W. +Norris of Maine, Commissioner of National Cemetery, 1863-1865, Commissary +and Paymaster, 1864-1866, Bureau official; E. Woolsey Peck of New York; R. +M. Reynolds of Iowa, six months in Alabama and "knew all about it"; J. +Silsby of Massachusetts, another Bureau reverend; N. D. Stanwood of +Massachusetts, a Bureau official who had caused several serious negro +disturbances in Lowndes County; J. P. Stow of (unknown); Whelan of +Ireland; J. W. Wilhite of (unknown), U.S. sutler; Benjamin Yordy of +(unknown), a Bureau official and revenue official who never saw the county +he represented; Benjamin Rolfe, a carriage painter from New York, was too +drunk to sign the constitution, and was known as "the hero of two shirts," +because when he failed to pay a hotel bill in Selma his carpet-bag was +seized, and was found to contain nothing but two of those useful garments. +Ku Klux Rept., Ala. Test., _passim_; _N. Y. World_, Nov. 11, 1867; +Herbert, p. 45. + +[1416] Some of the better known were: R. Deal of Dale County, a Baptist +preacher, one of those who, in 1865, negligently reconstructed the state, +and the hope was now expressed that "he has better success in +reconstructing souls than sovereignties"; W. C. Ewing of Baine County, +"one of the original Moulton Leaguers who, in 1865, first organized the +Radical party in Alabama," a bitter Radical; W. R. Jones of Covington, had +been barbarously murdered in "a rebel outrage," but came to the convention +notwithstanding; B. F. Saffold, an officer of the Confederate army and +military mayor of Selma; Henry C. Semple, ex-Confederate, nephew of +President Tyler; Joseph H. Speed, cousin of Attorney-General Speed. + +[1417] The negro members were: Ben Alexander of Greene, field hand; John +Caraway of Mobile, assistant editor of the _Mobile Nationalist_; Thomas +Diggs of Barbour, field hand; Peyton Finley, formerly doorkeeper of the +House; James K. Green of Hale, a carriage driver; Ovid Gregory of Mobile, +a barber; Jordan Hatcher of Dallas and Washington Johnson of Russell, +field hands, were the blackest negroes in the convention; L. S. Latham of +Bullock; Tom Lee of Perry, field hand, who had a reputation for +moderation; Alfred Strother of Dallas; J. T. Rapier of Lauderdale, +educated in Canada; J. W. McLeod of Marengo; B. F. Royal of Bullock; J. H. +Burdick of Wilcox; H. Stokes and Jack Hatcher of Dallas; Simon Brunson and +Benjamin Inge of Sumter; Samuel Blandon of Lee; Lafeyette Robinson and +Columbus Jones of Madison. Beverly, "History of Alabama," p. 203; _N. Y. +World_, Nov. 11, 1867; Owen, "Official and Statistical Register," p. 125. + +[1418] Journal Convention of 1867, pp. 3-5. + +[1419] Journal Convention of 1867, p. 5; _N. Y. Herald_, Nov. 13, 1867; +Annual Cyclopædia (1867), p. 30. + +[1420] _Selma Messenger_, Dec. 22, 1867; Journal Convention of 1867, p. 6; +_N. Y. World_, Nov. 11, 1867. + +[1421] Journal, pp. 69-71, 249, 251, 264; Annual Cyclopædia (1867), p. 32; +_N. Y. Herald_, March 16, 1867. + +[1422] Journal, pp. 10, 12, 13; _N. Y. World_, Nov. 20, 1869; Annual +Cyclopædia (1867), p. 30. + +[1423] Journal, pp. 13, 110, 111, 276; _N. Y. Herald_, Nov. 13, 1867. + +[1424] Twice the pay in the convention of 1865. + +[1425] Journal, pp. 79, 178, 249-251; Pope to Swayne, Nov. 20, 1867; _N. +Y. World_, Dec. 14, 1867; G. O. No. 254, 3d M. D., Nov. 26, 1867. + +[1426] Journal, p. 57. + +[1427] Journal, p. 61; _N. Y. Herald_, Nov. 15, 1867. + +[1428] Journal, p. 189; Herbert, "Solid South," p. 46; _N. Y. Herald_, +Nov. 13, 1867; Annual Cyclopædia (1867), p. 33. + +[1429] Journal, pp. 262, 263. + +[1430] Journal, pp. 15, 212, 263; _N. Y. Herald_, Nov. 13, 1867. + +[1431] Annual Cyclopædia (1867), p. 33; _Selma Messenger_, Dec. 22, 1867. + +[1432] Journal, p. 149; _N. Y. World_, Dec. 14, 1867. + +[1433] Dubbed "the incarnate fiend" by the whites because of his violent +prejudice. + +[1434] _N. Y. World_, Dec. 14, 1867; _Montgomery Mail_, Nov., 1867; _N. Y. +Herald_, Nov. 13 and 23 and Dec. 8, 1867. + +[1435] Journal, pp. 8, 12, 17; _N. Y. Herald_, Nov. 13, 1867. + +[1436] By Griffin of Ohio, Keffer of Pennsylvania, Norris of Maine, and +Davis of (?). It was said that Norris and Davis had to be influenced by +Swayne to sign the majority report. _N. Y. World_, Nov. 20, 1867. + +[1437] Journal, pp. 30-34; _N. Y. World_, Nov. 20, 1867. + +[1438] By Speed of Virginia, Whelan of Ireland, and Lee (negro). + +[1439] Journal, pp. 36, 37; Annual Cyclopædia (1867), p. 31. + +[1440] Annual Cyclopædia (1867), p. 32; _N. Y. World_, Nov. 20, 1867. + +[1441] _N. Y. Herald_, Nov. 13, 1867; Annual Cyclopædia (1867), p. 31. + +[1442] Journal, pp. 42, 55, 82, 100. + +[1443] Journal, pp. 47, 48, 54, 83. + +[1444] Journal, p. 47. + +[1445] Journal, p. 47. + +[1446] Journal, p. 45. + +[1447] Journal, p. 53. + +[1448] _Selma Messenger_, Dec. 22, 1867. + +[1449] Journal, pp. 84, 85. + +[1450] _N. Y. World_, Nov. 20 and Dec. 6 and 14, 1867. + +[1451] Annual Cyclopædia (1867), p. 33. + +[1452] Code of Alabama, 1876, p. 113. Griffin said that the oath required +the voter never to favor a change in the new constitution so far as the +suffrage was concerned; that "it was the determination of the committee to +forever fasten this constitution on the people of Alabama. He wanted to +tie the hands of rebels, so that complete political equality should be +secured to the negro." Annual Cyclopædia (1867), p. 32. + +[1453] This was aimed at the Confederate soldiers of north Alabama, who +had imprisoned and in some cases hanged the tories and outlaws of that +section. + +[1454] Code of Alabama, 1876; Constitution of 1868, Article VII. + +[1455] Annual Cyclopædia (1867), pp. 34, 35; Journal, pp. 186, 187. + +[1456] Journal, pp. 257-262; _N. Y. World_, Nov. 20, 1867. + +[1457] Journal, pp. 265-269. + +[1458] Journal, pp. 255, 571. + +[1459] Journal, pp. 271, 272, 273; _N. Y. World_, Nov. 11, 1867. + +[1460] Journal, pp. 272, 273. + +[1461] Journal, p. 63. The whites had for more than two years been asking +for the repeal of this unjust tax, but they were not heeded. As soon as +the negroes demanded its repeal, it was repealed. That was certainly one +advantage they received from the possession of political rights. One +petition from the negroes asked that the tax be repealed because, in many +instances, it was greater than the value of the land. If this was not +done, they wanted the land taken from the owners and worked in common. _N. +Y. Herald_, Nov. 13, 1867. + +[1462] Journal, p. 244. + +[1463] Journal, pp. 266, 267. + +[1464] Journal, p. 240; Meade, Speed, Semple, Cabot, Graves, J. L. +Alexander, Ewing, Latham, and Hurst. + +[1465] Journal, p. 242; J. P. Stow of (?). + +[1466] Address of Protesting Delegates to the People of Alabama, Dec. 10, +1867. + +[1467] Journal, p. 243. + +[1468] The Codes of Alabama for 1876 and 1896 do not recognize the +validity of the constitution of 1868. It is listed as the "Constitution +(so-called) of the State of Alabama, 1868." The president of the +convention of 1875 said, "What is called the present constitution of the +state of Alabama is a piece of unseemly mosaic, composed of shreds and +patches gathered here and there, incongruous in design, inharmonious in +action, discriminating and oppressive in the burdens it imposes, reckless +in the license it confers on unjust and wicked legislation, and utterly +lacking in every element to inspire popular confidence and the reverence +and affection of the people." Journal, 1875, p. 5. + +[1469] Ely, a delegate from Russell, was a candidate in Montgomery; +Brainard, a delegate from Monroe, was a candidate in Montgomery; R. M. +Johnson, a delegate from Henry, was also a candidate in Montgomery. These +men, however, lived in Montgomery and had never seen the counties they +represented. + +[1470] _Selma Messenger_, Jan. 10, 1868. + +[1471] Herbert, "Solid South," p. 47; _N. Y. World_, Feb. 5, 1868. + +[1472] _N. Y. World_, Feb. 13 and 22, 1868; _Selma Times and Messenger_, +Feb. 28, 1868; _Cong. Globe_, March 11, 1868; Herbert, "Solid South"; +Beverly, "Alabama"; Owen, p. 125. + +The above list is not complete, as there were undoubtedly other candidates +among those who did not sign the constitution, since a number of them fell +into line later. The starred names are those of candidates who were also +registrars, and who not only conducted their own elections for the +convention, but also for office under the new constitution. Three members +of the majority who signed the report were not eligible for office when +the election came off, two being in jail,--one for stealing and the other +for fraud,--while a third "had been betrayed into an act of virtue by +dying." _N. Y. World_, Feb. 13, 1868. + +[1473] After the election, Governor Patton, who at first had supported +Reconstruction, issued an address complaining that nearly all the +candidates voted for were strangers to the people; that many were ignorant +negroes, and that in one county all the commissioners-elect were negroes +who were unable to read; that unlicensed lawyers, wholly uneducated, were +chosen for state solicitors; that the strangers were too often of bad +character; and that the Radical party consisted almost entirely of +negroes, the native whites having forsaken the party as soon as the +negroes fell under the control of the imported Radicals who ran the +machine. _N. Y. Times_, April 23, 1868. + +[1474] Herbert, p. 47. + +[1475] _Montgomery Mail_, July 25, 1868; _N. Y. World_, Sept. 22, 1868. + +[1476] The Radical papers in Alabama were supported almost entirely by +campaign funds and by appropriations from the government for printing the +session laws of the United States. They styled themselves the "Official +Journals of the United States Government." When one offended and the +Washington patronage was withdrawn, it always collapsed. In 1867 the +reconstructionist papers in the state were _Alabama State Sentinel_, _The +Nationalist_, _Elmore Standard_, _East Alabama Monitor_, _Alabama +Republican_, _The Tallapoosian_, _The Reconstructionist_, _Huntsville +Advocate_, _Moulton Union_, _Livingston Messenger_. See Journal Convention +of 1867, p. 242. The circulation of each paper was small and almost +entirely among the negroes. Special campaign editions were printed and +scattered broadcast. The constitution was printed in all of the +above-named papers, and also in a Washington paper which was franked by +the thousands from Congressmen through the Union League as a campaign +document. _N. Y. World_, Feb. 22, 1868. + +[1477] See, for example, _The Nationalist_, Feb. 4, 1868 (editorial). On +Jan. 16, 1868, an "Address to the Laboring Men of Alabama" stated in part, +"If you fail to vote and the constitution fails to be ratified, your right +to vote hereafter closes and all participation on your part in the +administration of the laws of the state is at an end." _Montgomery Mail_, +Jan., 1868. + +[1478] _Selma Messenger_, Jan. 24, 1868. + +[1479] _Cong. Globe_, March 28, 1868, p. 2195. + +[1480] Not yet called Democrats, but sometimes "Democratic and +Conservative." + +[1481] Popular accounts say thousands, but not as many went this time as +later, in the early 70's. + +[1482] Herbert, p. 46, and Journal Convention of 1867. + +[1483] _Cong. Globe_, March 12, 1868, p. 1824. + +[1484] _Selma Messenger_, Dec. 20, 1867. + +[1485] _Selma Messenger_, Dec. 22, 1867. + +[1486] Both later became Radicals. + +[1487] _Tuskegee News_, Oct. 1, 1874. + +[1488] _N. Y. Times_, Jan. 14, 1898; _Montgomery Mail_, Jan. 17, 1868; +Herbert, p. 48; Annual Cyclopædia (1868), p. 15. + +[1489] Thirty-five white counties with a population of 393,441--282,282 +whites and 111,159 blacks--had 135 representatives, or one representative +to 11,241 of the population. Twenty-four black counties with a population +of 580,717--252,407 whites and 328,300 blacks--had 65 representatives, or +one to 8933. Three small white counties were not represented, but had to +vote with others.; _Selma Times and Messenger_, March 10, 1868; _Cong. +Globe_, 1867-1868, pp. 2197, 2198. + +[1490] Variously estimated at from 10,000 to 40,000. + +[1491] _Selma Times and Messenger_, March 10, 1868. The minority report, +March 17, 1868, of Beck of Kentucky and Brooks of New York, on the +admission of Alabama, sums up the Conservative objections to the +constitution. See _Cong. Globe_, March 17, 1868, p. 1937. + +[1492] Annual Cyclopædia (1868), p. 15; _N. Y. Times_, Jan. 24, 1865; +_Selma Times and Messenger_, March 10, 1868. + +[1493] _Tribune_ Almanac, 1868. Pope reported 164,800; Meline, 165,000. + +[1494] _Tribune_ Almanac, 1868. The methods of the registrars may be +imagined, since Meade had more than 15,000 names of negroes struck from +the lists. + +[1495] It is impossible to obtain exact figures of the registration; no +one ever knew exactly what they were, and accounts never agree. Meade's +estimate was 170,734, Report, 1868. Another estimate was 170,000, _Cong. +Globe_, March 17, 1868, p. 1904; and still another 171,378, Alabama Manual +and Statistical Register, p. xxiii. It is evident that the registration +was about 170,000. + +[1496] In 1867 the vote on holding a convention had been more than a +majority of registered voters. + +[1497] Report of Meade, 1868, published in Atlanta. + +[1498] For instance, William H. Smith, candidate for governor. + +[1499] _The Nationalist_, Aug. 24, 1868; _Mobile Register_, Feb. 6, 1868; +Report of Meade, 1868. + +[1500] Report of Meade, 1868. + +[1501] _Montgomery Mail_, Feb. 4, 5, 12, and 19, 1868; _N. Y. World_, +March 14, 1868; _Cong. Globe_, March 17, 1868, p. 1937; _Mobile Register_, +Feb. 6, 1868; _Selma Times and Messenger_, Feb. 29, 1868. + +[1502] _Selma Times and Messenger_, Feb. 29, 1868. + +[1503] A political adviser at the polls. + +[1504] The Conservatives had challenged such voters several times and +Johnson sent the following order:-- + +"AT OFFICE, MOBILE, Feb. 5, 1868. + +"The Judges of the Election at the Mississippi Hotel will receive all +ballots endorsed by the voter and my signature. The certificate of voters +is in my possession. + + "Respectfully, + "D. G. JOHNSON, + "Registrar District No. 1." + +--_Mobile Register_, Feb. 6, 1868. + +[1505] _Cong. Globe_, March 17, 1868, p. 1937; Ho. Ex. Doc., No. 303, 40th +Cong., 2d Sess.; _N. Y. World_, March 14, 1868. + +[1506] In Henry County the registrars had all forsaken the party and +resigned. On the last day the United States troops opened the polls and 29 +people voted. _Abbeville Register_, Feb. 16, 1868. In Dale County it was +much the same way. After a careful search one John Metcalf of Skipperville +was found to make complaint on behalf of the reconstructionists. It was a +sad story: "We had," he said, "depended on Mr. Deal, the delegate to the +convention, to bring the registration books, 'but he fused with the +destructive party' and we couldn't register. On the fourth day an election +was held anyway, but the Conservatives would not let us hold it on the +fifth. It was the almost united wish of the voters of the county to adopt +the constitution. There are about 150 in the county that are opposed to +it, and they united on the fifth and broke us up. We would have polled +1400 to 1500 votes for the constitution." Ho. Mic. Doc., No. 111, 40th +Cong., 2d Sess. + +[1507] In Montgomery 41 whites of 4200 voted. Of these 15 were +carpet-baggers and nearly all were candidates for office. The _Montgomery +Mail_ of Feb. 11 printed the entire list, with sarcastic comments on their +past history and present aspirations. The list was headed, _Our White +Black List, The Roll of Dishonor_. See _Cong. Globe_, March 11, 1868, p. +1827. + +[1508] The storm played a very effective part in the debates in Congress +later. Moving tales were told of negroes swimming the swollen streams in +order to get to the polls. One instance was given where, in swimming the +Alabama River, which was beyond its banks and floating with ice, a negro +was drowned. _Cong. Globe_, 1867-1868, p. 2865. The river at this point +when out of its banks is not less than a mile wide, and there was never +any ice in it since the glacial epoch. + +[1509] The Conservatives claimed that the Lowndes county box was stolen by +the Radicals themselves as soon as they saw the constitution had failed of +ratification, in order to give point to charges of fraud. In the same way +the returns from Baine, Colbert, and Jones counties were so tampered with +by the Radical election officials that the military canvassers were +obliged to reject them. _Montgomery Mail_, Feb. 12, 1868; _Cong. Globe_, +1867-1868, p. 2139. + +[1510] _The Nationalist_, Feb. 13 and 20, and Aug. 24, 1868; _N. Y. +World_, March 14, 1868; _Selma Times and Messenger_, Feb. 28, 1868; _Cong. +Globe_, March 11, 1868, pp. 1818, 1823. This is a statement signed by +Griffin of Ohio, Keffer of Pennsylvania, Burton of Massachusetts, Hardy +and Spencer of Ohio, and indorsed by Joshua Morse, who signed himself as +"disfranchised rebel." + +[1511] Report of Meade, 1868. Meade made this report to Grant at the time, +and at the end of the year he made practically the same, though perhaps a +little stronger. The _Nationalist_ (Albert Griffin of Ohio, editor) said, +April 9, 1868, that the statements of Meade, the "military saphead," were +"false in letter and false in spirit." + +[1512] Ho. Mis. Doc., No. 111, 40th Cong., 2d Sess. The whites were +complaining loudly because of the scarcity of labor, and few would +discharge a negro laborer, no matter how often he might vote the Radical +ticket. General Hayden sent a list of eighteen questions in regard to the +election to every election official. They covered every possible point, +and full answers were required. One of the questions was in regard to the +proportion of white voters. A summary of the answers is here given: 1. +_Elmore County._ Intimidation and threats of discharge; of the 1000 to +1200 whites who registered, from 12 to 15 voted. 2. _Autauga._ No +intimidation, but threats of discharge; of the 900 whites registered, 200 +voted. 3. _Chambers._ Fair election, with 23 white voters of the 1400 +registered. 4. _Russell._ Threats of discharge; one-thirty-sixth of the +whites voted. 5. _Tallapoosa._ "Persuasion and arguments" deterred the +blacks from voting; 20 whites voted of the 1500 who registered. 6. +_Coosa._ Two discharges; one-third of the whites voted. 7. _Montgomery._ +"Ostracism," and two discharges; 41 whites voted of the 4200 who +registered. 8. _Macon._ Fair election and 4 whites voted of the 800 +registered. 9. _Lee._ One discharge and threats; 30 or 40 whites voted of +1500 registered. 10. _Randolph._ Fair election. 11. _Clay._ Threats of +ostracism and one discharge. 12. _Crenshaw._ Two discharges. 13. +_Lowndes._ Three threats of discharge; "too much challenging;" 10 whites +voted of 850 registered. 14. _Barbour._ Four threats of discharge; "whites +afraid of social proscription." 15. _Bullock._ "Needless questions" to +voters, and three threats of discharge; no whites voted. 16. _Pike._ One +threat of discharge; one-fourth of the whites voted. 17. _Butler._ Eight +threats; 3 whites of 1400 voted. 18. _Covington._ "Threats;" 225 whites +voted of the 900. 19. _Coffee._ "Threats" and "proscription." 20-21. +_Dale_ and _Henry_. No election; no registrars; none would serve. In Dale +County were a number of "outrageous acts committed by a Mr. Oats." 22-27. +_Mobile_, _Washington_, _Baldwin_, _Clarke_, _Monroe_, and _Conecuh_. +"Threats and social ostracism;" 125 of 3750 whites voted. 28. _Walker._ +Fair election; one negro driven away; "more whites voted than were +expected." 29-30. _Winston_ and _Jackson_. More whites voted than were +expected; one threat in Jackson. 31-32. _Madison_ and _Lauderdale_. Fair +elections; in Lauderdale 150 of 1500 whites voted. 33. _Lawrence._ +"Persuasion;" 311 of 1400 whites voted. 34-35. _Colbert_ and _Franklin_. +Twenty-five per cent of the whites voted; 75 per cent "were opposed to +article 7, paragraph 4, of constitution." 36-38. _Limestone_, _Morgan_, +and _Cherokee_. Fair elections; few whites voted. 39. _Marshall._ +"Threats"; one-third of the whites voted. 40. _De Kalb._ Fair; 650 of the +900 whites. 41. _Baine._ "Handbills advised people not to vote;" only +one-fifth voted. 42. _Blount._ One threat; "persuasion;" one-fourth of the +whites voted. 43. _St. Clair._ Threats; one-third of the whites voted. +44-45. _Marion_ and _Jones_. Fair; two-sevenths of the whites voted. 46. +_Fayette._ Speeches published against the constitution, three drunken men +threatened the managers at one box; liquor given to negroes to "vote +against their intentions," all of which "prevented full and free +expression of opinion by ballot"; two-sevenths of the whites voted. 47. +_Shelby._ Fair; one-fourth of the whites voted. 48. _Talladega._ Fair, +though threats were heard; three-tenths of the whites voted. 49. _Perry._ +Fair; 24 of the 1066 whites voted. 50. _Bibb._ Fair; 167 of the 1021 +whites. 51. _Dallas._ Fair; 78 whites voted; others suffered from "want of +independence." 52. _Wilcox._ Ten threats; 12 whites of 800. 53. +_Tuscaloosa._ One threat; one-fifth of the whites voted. 54. _Pickens._ +"Threats too numerous to mention;" 60 to 70 of the 1100 whites voted. 55. +_Jefferson._ Fair; one-fifth of the whites voted. 56. _Sumter._ Threats +against blacks; whites to be ostracized. 57. _Greene._ Threats, though the +"Union Men" were afraid to tell who threatened them; 446 ballots had +"Constitution" torn off. 58. _Marengo._ Voters were refused at one box +because the names were not on the list, though the parties were willing to +swear they had been registered. Threats and speeches were made at the +polls and one man made 16 discharges; 16 whites of the 997 voted. 59-62. +No reports from _Choctaw_, _Calhoun_, _Cleburne_, and _Hale_. + +Nearly all officials reported quiet elections; the assertions about +threats were almost invariably hearsay. Even the few specific instances +were based on hearsay. The worst complaint was that Conservatives +sometimes attended and challenged the votes of certain negroes, and made +speeches or used persuasion to induce the negroes not to vote. Much +importance was attached to the ridicule and jeers of the white leaders. +These reports were made by the election officials, who were thoroughgoing +reconstructionists. General Meade denied the charges of fraud and +intimidation. + +It will be noticed that the heaviest white vote was cast in the counties +where there were few negroes, and where the Peace Society had been +strongest during the war. If the estimates given above by the registrars +were correct, it is doubtful if 5000 whites voted in the election, as was +asserted. The judges were supposed to mark "C" on the ballot of a negro +and "W" on that of a white. Ho. Mis. Doc., No. 111, 40th Cong., 2d Sess.; +Ho. Ex. Doc., No. 303, 40th Cong., 2d Sess.; Report of Meade, 1868; +_Montgomery Mail_, Feb. 19, 1868; _N. Y. World_, March 14, 1868. + +[1513] Strobach, the Austrian, went so far off in the Northwest that after +the state was admitted he could not return to the special session of the +legislature. He drew his pay, however, the Speaker certifying that he was +present. _N. Y. World_, Oct. 8, 1868; _Montgomery Mail_, April 14, 1869; +_Nationalist_, Feb. 18, 1868. + +[1514] In _North Alabamian_, 1868. + +[1515] He had evidently not seen Meade's report. + +[1516] Dustan had been a candidate for major-general of militia. + +[1517] Annual Cyclopædia (1868), p. 16. + +[1518] _Globe_, Feb. 17, 1868, p. 1217. + +[1519] _Cong. Globe_, March 10, 11, and 17, 1868, pp. 1790, 1818, 1821, +1823, 1824, 1825, 1827, 1934, 1935, 1937, 1938. + +[1520] Both statements were incorrect. + +[1521] _Globe_, March 18 and 26, 1868, pp. 1972, 2138, 2139, 2140. + +[1522] McPherson, "Reconstruction," p. 337; _Globe_, March 28, 1868, pp. +2193, 2216. + +[1523] _Globe_, March 28, 1868, pp. 2203, 2209, 2214. + +[1524] April 23, 1868. + +[1525] _Nationalist_, April 9, 1868. + +[1526] _Independent Monitor_, April 21, 1868. + +[1527] Yordy, a carpet-bag Bureau agent, registrar, and senator-elect from +Sumter County, was turned out of a hotel at Eutaw and told to go to the +negro inn. _Tuscaloosa Independent Monitor_, Sept. 1, 1868. + +[1528] _Globe_, March 28, 1868, p. 2140. Claus and Wilson were two +carpet-baggers of Tuscaloosa. + +[1529] Annual Cyclopædia (1868), p. 16; _Cong. Globe_, March 11, 1868, p. +1825. + +[1530] _Globe_, May 11, 1868, p. 2412. + +[1531] _Cong. Globe_, June 5 and 6, 1868, pp. 2858, 2865, 2867, 2900, +2964; McPherson, "Reconstruction," p. 340; Foulke, "Life of Morton," Vol. +II, p. 47. + +[1532] _Globe_, June 9 and 10, 1868, pp. 2965, 3017. + +[1533] _Globe_, June 12, 1868, pp. 3089, 3090, 3097. + +[1534] _Globe_, June 25, 1868, p. 3484. + +[1535] _Globe_, June 25, 1868, pp. 3466, 3484; McPherson, p. 338. + +[1536] McPherson, p. 337. The present constitution of the state, adopted +in 1901, nullifies this fundamental condition. Other southern states have +also disregarded this limitation. + +[1537] McPherson, p. 338. + +[1538] G. O. No. 101, July 14, 1868. + +[1539] Warner, who was said to have gone to his own state--Ohio--and run +for office, now returned. + +[1540] The credentials were signed by E. W. Peck, president of the +convention of 1867, who certified to their election. _Globe_, July 24, +1868, p. 4294. + +[1541] _Globe_, July 17, 18, 21, and 25, 1868, pp. 4173, 4213, 4293, 4295, +4459, 4466. + +[1542] President Jay's Address, March 26, 1868; Bellows, "History Union +League Club of New York," pp. 6-9; "Chronicle of Philadelphia Union +League," pp. 5-8. + +[1543] "Chronicle of Philadelphia Union League," pp. 5-8; Bellows, "Union +League Club," p. 9. + +[1544] First Annual Report of Board of Directors of Union League of +Philadelphia; Bellows, pp. 9, 32; "Chronicle of Philadelphia Union +League," pp. 70, 112. + +[1545] See Bellows, "History Union League Club." + +[1546] Bellows, p. 90. + +[1547] There were 144 different pamphlets published by the Philadelphia +League and 44 posters; 56,380 pamphlets were issued in 1865; 867,000 +pamphlets were issued in 1866; 31,906 pamphlets were issued in 1867; +1,416,906 pamphlets were issued in 1868; 4,500,000 pamphlets were issued +in eight years. "Chronicle of Philadelphia Union League," pp. 106, 107, +145. + +[1548] "Chronicle of Philadelphia Union League," p. 169; Bellows, pp. 90, +99, 100, 102; Reports of the Executive Committee, Union League Club of N. +Y., 1865-1866; _Century Magazine_, Vol. VI, pp. 404, 949; oral accounts. + +[1549] I am especially indebted to Professor L. D. Miller, Jacksonville, +Ala., for many details concerning the Loyal Leagues. He made inquiries for +me of people who knew the facts. I have also had other oral accounts. See +also Ku Klux Rept., Ala. Test. (Pierce), p. 305; (Lowe), p. 894; (Forney), +p. 487. + +[1550] Ku Klux Rept., Ala. Test. (Sayre), p. 357; (Governor Lindsay), p. +170; (Nicholas Davis), p. 783; (Richardson), pp. 815, 855; (Ford), p. 684; +(Lowe), p. 892; (Forney), p. 487; Miller, "Alabama," p. 246; Herbert, +"Solid South," pp. 36, 41; also oral accounts. + +[1551] There is a copy of the charter of a local council in the Alabama +Testimony of the Ku Klux Report, p. 1017. The Montgomery Council was +organized June 2, 1866, and three days later General Swayne, of the +Freedmen's Bureau, joined it. It was charged that even thus early he was +desirous of representing Alabama in the Senate. Herbert, pp. 41-43. + +[1552] _N. Y. Herald_, Aug. 5, 1867. + +[1553] Ku Klux Rept., Ala. Test. (Lowe), p. 872; (English), pp. 1437, +1438; (Lindsay), p. 170; _N. Y. Herald_, Aug. 5, 1869, and June 20, 1867; +Professor Miller's account; oral accounts. + +[1554] In Sumter County a northern teacher of a negro school informed a +planter that the Leaguers were sworn to defend one another, and that he, +the planter, would be punished for striking a Leaguer whom he had caught +stealing and had thrashed. _Selma Times and Messenger_, July 21, 1868. + +[1555] The Montgomery Council, May 22, 1867, resolved "That the Union +League is the right arm of the Union Republican party of the United +States, and that no man should be initiated into the League who does not +heartily indorse the principles and policy of the Union Republican party." +Herbert, "Solid South," p. 41. A Confederate could not be admitted to the +League unless he would acknowledge that during the war he had been guilty +of treason. + +[1556] Alcohol on salt burns with a peculiar flame, making the faces of +those around, especially the negroes, appear ghostly. + +[1557] A copy of the constitution and ritual was secured by the whites and +published in the _Montgomery Advertiser_, July 24, 1867; printed also in +Fleming, "Documents relating to Reconstruction," No. 3. + +[1558] The Montgomery Council was composed of white Radicals, and the +Lincoln Council in the same city was for blacks. Most of the officers of +the latter were whites. Herbert, p. 41. + +[1559] This fact will partly explain why there were burnings of negro +churches and schoolhouses by the Ku Klux Klan. These were political +headquarters of the Radical party in each community. + +[1560] See Miller, "Alabama," pp. 246, 247; Lester and Wilson, "Ku Klux +Klan," pp. 45, 46. + +[1561] Ku Klux Rept., Ala. Test. (Lindsay), pp. 170, 179; (Nicholas +Davis), p. 783; (Richardson), pp. 839, 355; (Lowe), pp. 872, 886, 907; +(Pettus), p. 384; (Walker), pp. 962, 975. + +[1562] Thaddeus Stevens's speech on confiscation, through the Loyal +League, had a wide circulation in Alabama. Agents were sent to the state +to organize new councils and to secure the benefits of the proposed +confiscation; free farms were promised the negroes. _N. Y. Herald_, June +20, 1867. Many whites now believed that wholesale confiscation would take +place. + +[1563] Ku Klux Rept., Ala. Test. (Sanders), pp. 1803, 1811; (Dox), p. 432; +(Herr), pp. 1662, 1663. + +[1564] Ku Klux Rept., Ala. Test. (Lowe), pp. 886, 887, 894, 997; (Davis), +p. 783; (Cobbs), p. 1637; (Pettus), p. 6393. + +[1565] Ku Klux Rept., Ala. Test. (Ford), p. 684; (Herr), p. 1665; +(Pettus), p. 381; (Jolly), pp. 283, 291; (Sayre), p. 357; (Pierce), p. +313; _N. Y. Herald_, Dec. 4, 1867, Oct. 2, 1868; Herbert, "Solid South," +p. 45. One Wash Austin, a Democratic negro, was attacked by a mob, +pursued, and when he reached home his wife called him "a damned +Conservative," struck him on the head with a brick, and then left him. +Norris V. Hanley, in Ho. Mis. Doc., No. 15, 41st Cong., 2d Sess. + +[1566] _N. Y. Herald_, Oct. 13 and Nov. 11, 1867, Eufaula correspondence; +Ku Klux Rept., Ala. Test. (Sanders), p. 1812; (Pettus), p. 381; (Herr), p. +1663; (Pierce), p. 313; (Sayre), p. 357; Harris, "Political Conflict in +America," p. 479. + +[1567] A notice posted on the door of a citizen of Dallas County was to +this effect, "Irvin Hauser is the damnedest rascal in the neighborhood, +and if he and three or four others don't mind they will get a ball in +them." _Selma Times and Messenger_, April 21, 1868; oral accounts; see +also Brown, "Lower South," Ch. IV; Herbert, pp. 3, 8. + +[1568] _The Macon Telegraph_, March 12, 1905. + +[1569] _N. Y. Herald_, Dec. 5 and 22, 1867; _Montgomery Advertiser_, Dec. +4, 1867 (J. M. Chappell). + +[1570] Ku Klux Rept., Ala. Test. (Lyon), pp. 1422, 1423; (Abrahams), pp. +1382, 1384. + +[1571] See Ku Klux Rept., Ala. Test. (Alston), p. 1017; (Herr), p. 1665; +(Sayre), p. 357; (Pierce), p. 313. + +[1572] _Selma Messenger_, July 19, 1867; see Fleming, "Documents relating +to Reconstruction," No. 3. + +[1573] It is certain that the estimate of 18,000 white and 70,000 black +members at the same time is not correct. As the latter increased in +numbers the former decreased. Early in 1867 Keffer said there were 38,000 +whites and 12,000 blacks in the League. _N. Y. Herald_, May 7, 1867. +Perhaps he meant the total enrolment early in the year. In 1868 he claimed +20,000 whites, about 17,000 too many. + +[1574] Lester and Wilson, "Ku Klux Klan," p. 47; also Ku Klux Rept., Ala. +Test., _passim_. + +[1575] _Montgomery Mail_, Aug. 20, 1870. + +[1576] In the Ku Klux Rept., Ala. Test., the Conservative and sometimes +the Radical witnesses assert that the Ku Klux movement was caused partly +by the workings of the Union League. + +[1577] Senate Journal, 1875-1876, p. 214. + +[1578] Ku Klux Rept., p. 171. + +[1579] Ku Klux Rept., p. 318. + +[1580] Auditor's Report, 1902, p. 19. + +[1581] Ku Klux Rept., p. 170; Census of 1860. The assessed valuation of +property increased 117% from 1850 to 1860. The comptroller's report of +Nov. 12, 1858, states that the slave property of the state at that time +paid nearly half the taxes. This was true of all ordinary taxes to 1865. +See Senate Journal, 1866-1867, p. 291. + +[1582] Journal Convention of 1867, p. 125; Patton's Report to the +Convention, Nov. 11, 1867. + +[1583] + + Cotton crop, 1860 842,729 bales + Cotton crop, 1865 75,305 bales + Cotton crop, 1866 429,102 bales + Cotton crop, 1867 239,516 bales + Cotton crop, 1868 366,193 bales + +Most of the war crop was confiscated by the United States. The crops of +1866-1868 show the effects of politics among the negro laborers rather +than unfavorable seasons. Hodgson, "Alabama Manual and Statistical +Register," 1869. + +[1584] The exemption laws were so framed as to release the average negroes +from paying tax, and also the class of whites that supported the Radical +policy. The following list will show the incidence of taxation for 1870:-- + + ======================================================= + | VALUE | TAX + ------------------------|-----------------|------------ + Lands | $81,109,102.03 | $607,979.52 + Town property | 36,005,780.50 | 268,865.89 + Cattle | 1,180,106.00 | 8,851.36 + Mules | 4,845,736.00 | 36,042.68 + Horses | 2,214,376.00 | 16,599.83 + Sheep and goats | 111,001.00 | 832.50 + Hogs | 277,735.50 | 2,083.02 + Wagons, carriages, etc. | 131,235.00 | 8,480.81 + Tools | 237,534.50 | 1,769.96 + Farming implements | 235,600.00 | 1,744.71 + Household furniture | 1,691,807.00 | 12,731.98 + Cotton presses | 41,360.00 | 310.30 + ======================================================= + +Besides these items, heavy taxes were laid on the following: wharves, toll +bridges, ferries, steamboats, and all water craft, stocks of goods, +libraries, jewellery, plate and silverware, musical instruments, pistols, +guns, jacks and jennies, race-horses, watches, money in and out of the +state, money loaned, credits, commercial paper, capital in incorporated +companies in or out of the state, bonds except of United States and +Alabama, incomes and gains over $1000, banks, poll tax, insurance +companies, auction sales, lotteries, warehouses, distilleries, brokers, +factors, express and telegraph companies, etc. See Ku Klux Report and +Auditor's Report, 1871. + +[1585] Revenue Laws of Ala., 1865-1870; Report of the Debt Commission, +Jan. 24, 1876; Governor Lindsay's Message, Nov. 21, 1871; Ku Klux Rept., +Ala. Test., pp. 227, 340, 976, 1056, 1504. + +[1586] See Acts of Ala., 1868-1874, _passim_. + +[1587] Ku Klux Rept., Ala. Test., pp. 240, 360. + +[1588] Ala. Test., pp. 1303, 1304. + +[1589] Ala. Test., pp. 461, 963, 964. + +[1590] Taxes are paid on $307,312,000, slaves included; see Census of +1860; Census of 1870; Ku Klux Rept., pp. 170, 171, 175, 317, 318. + +[1591] Includes receipts and disbursements in Confederate money. + +[1592] License taxes only. + +[1593] License taxes, bond issues, and temporary loans. + +[1594] Interest paid on the public debt with bond issues included, and +expenses of the convention of 1867. The actual expenses of the state +administration were $262,627.47. + +[1595] The first figures for 1868 include the receipts from taxes and the +expenditures for state purposes only; the other figures include the +proceeds from sale of bonds used for state purposes. The Radicals always +gave the first set of figures, and the Democrats the second. + +[1596] $620,000 should be added for the sale of bonds and state +obligations. + +[1597] Issue of bonds to railroads included. + +[1598] Includes interest paid on railroad bonds. + +[1599] Currency had depreciated. Many claims went unpaid. The "home debt" +amounted to $823,454.64. The actual state expenses were $1,384,044.46. + +[1600] State expenses only. Democrats in power. See Auditor's Reports, +1869-1873, 1900; Ku Klux Rept., pp. 170, 174, 176, 1055, 1057; Report of +the Debt Commission, 1876; Journal Convention of 1867, p. 125. + +[1601] Ku Klux Rept., pp. 170, 174, 176; Auditor's Reports, 1869-1870; +Reports of the Alabama Debt Commission. + +[1602] Report of Governor Patton to the Convention, Nov. 11, 1867; Journal +Convention of 1867, p. 125. + +[1603] See _Tuskegee News_, June 3, 1875; Auditor's Reports, 1868-1874. + +[1604] The average legislator in 1872-1873 was paid $904.00 and mileage. +The Senate had 33 members and 44 attending officers, clerks, and +secretaries; the lower house, with a membership of 100, had from 77 to 84 +attending officials. Besides these there were dozens of pages, +doorkeepers, firemen, assistants, etc. In 1869 there were 105 regular +capitol servants who received $31,900 in wages. Auditor's Report, +1869-1873; _Montgomery Mail_, Dec. 31, 1870. There were about 10 in 1900. + +[1605] Journal of the "Capitol" Senate, 1872, p. 19-34; in Senate Journal, +1873. + +[1606] The older and abler men were disfranchised. + +[1607] _Montgomery Mail_, Sept. 22, 1872. + +[1608] Auditor's Reports, 1869-1873. + +[1609] The purpose of the act was to liberate negro prisoners and save +money for the officials to spend in other ways. + +[1610] These items are taken from the accounts of Lewis's administration. + +[1611] The Investigating Committee remarked that had he chartered a parlor +car and paid hotel bills at the rate of $10 a day, he would have been +unable to spend $800 on that trip. + +[1612] See Ch. XXIV. + +[1613] Report of the Committee to Investigate the Contingent Fund, 1875; +Senate Journal, 1874-1875, pp. 581-607. + +[1614] Caffey, "The Annexation of West Florida to Alabama," p. 10; Senate +Journal, 1869-1870, pp. 234-244. + +[1615] Report of the Committee to examine the Offices of Auditor and +Treasurer, 1875; Report of the Debt Commission, 1875, 1876. + +[1616] See Edwin DeLeon, "Ruin and Reconstruction of the Southern States," +in the _Southern Magazine_, Jan., 1874. + +[1617] Ala. Test., p. 1409. + +[1618] _State Journal_, April 19, 1874. + +[1619] Ala. Test., p. 1409. The Radical newspapers that had the public +printing made money from the tax sale notices by dividing each lot into +sixteenths of a section, advertising each, and charging for each division. +The author of the tax sale law was Pierce Burton, a Radical editor. + +[1620] _Scribner's Monthly_, Aug., 1874; King, "The Great South." + +[1621] _Southern Argus_, Jan. 17 and Feb. 8, 1872; _Scribner's Monthly_, +Aug., 1874; Herbert, "Solid South," pp. 64, 67. Colonel Herbert believes +that during the six years of Reconstruction the state gained practically +nothing by immigration, while it lost more by emigration than it had by +the Civil War. + +[1622] Auditor's Reports, 1869-1873; Comptroller's Reports, 1861-1865, +1866; Patton's Report, 1867, to the Convention; Journal Convention of +1867, pp. 46, 123; Ku Klux Rept., pp. 169, 317, 1055. + +[1623] The following is a partial list compiled from the session laws:-- + +ISSUES OF COUNTY BONDS + + 1868. Walker County $14,000.00 + 1868. Dallas County 50,000.00 + 1868. Bullock County 40,000.00 + 1868. Limestone County 100,000.00 + 1869. Hale County 60,000.00 + 1869. Greene County 80,000.00 + 1869. Pickens County 100,000.00 + 1870. Baldwin County 5,000.00 + 1870. Bibb County 5,000.00 + 1870. Choctaw County (?) unlimited + 1870. Crenshaw County 10,000.00 + 1872. Pickens County 30,000.00 + 1873. Butler County 12,000.00 + 1873. Jefferson County 50,000.00 + 1873. Montgomery County 130,000.00 + 1873. Madison County 130,000.00 + (?) Dallas County 140,000.00 + (?) Chambers County 150,000.00 + (?) Lee County 275,000.00 + (?) Randolph County 100,000.00 + (?) Barbour County (?) + (?) Tallapoosa County 125,000.00 + +ISSUES OF TOWN AND CITY BONDS + + 1868. Troy $75,000.00 + 1869. Eutaw 20,000.00 + 1869. Greensboro 15,000.00 + 1871. Mobile 1,400,000.00 + 1871. Selma 5 00,000.00 + 1872. Prattville 50,000.00 + 1873. Mobile 200,000.00 + Opelika 25,000.00 + +And in addition each county and town had a large floating debt in "scrip" +or local obligations. Speculators gathered up such obligations and sold +them at reduced prices to those who had local taxes, fines, and licenses +to pay. + +[1624] Auditor's Reports, 1871-1872; Report of Committee on Public Debt, +1876; McClure, "The South: Industrial, Financial, and Political +Condition," p. 83. + +[1625] Report of the Committee on Public Debt, 1876; Senate Journal, +1872-1873, p. 544; Auditor's Report, 1873. + +[1626] Senate Journal, 1875-1876, pp. 212, 213; Report of the Committee on +the Public Debt, 1876. In his book Clews tells how he invested in the +securities of the struggling southern states, being desirous of assisting +them. But when the ungrateful states refused to pay the claims that he and +others like him presented, he says it was because they, the creditors, +were northern men. See Clews, "Twenty-eight Years in Wall Street," pp. +550, 551. + +[1627] DeLeon, "Ruin and Reconstruction," in the _Southern Magazine_, +Jan., 1874. The state debts of the ten southern states were then estimated +at $291,626,015, while the debts of the other twenty-seven states amounted +to only $293,872,552. + +[1628] Houston's Message, 1876; Senate Journal, 1874-1875, p. 7. + +[1629] Act of Dec. 17, 1874. + +[1630] Later increased to $1,192,000. + +[1631] Report of the Debt Commission, 1876. This was nearly half the value +of the farm lands of the state, which were worth $67,700,000, and was much +more than the gross value of a year's cotton crop. + +[1632] Report of the Debt Commission, Jan. 24, 1876; Senate Journal, +1875-1876, pp. 203-232; Report of the Joint Committee on the Public Debt, +Feb. 23, 1876; Annual Cyclopædia (1875), p. 14; "Northern Alabama," p. 52; +Final Report of the Committee of the Alabama and Chattanooga Bondholders, +London, 1876; McClure, "The South," p. 83; Second Report of the Debt +Commission, Dec. 13, 1876. + +[1633] Senate Journal, 1876-1876, p. 316. + +[1634] Second Report, Dec. 13, 1876. + +[1635] Second Report of the Debt Commission, Dec. 13, 1876. + +[1636] Annual Cyclopædia (1875), p. 14; "Northern Alabama," pp. 51, 51; +Acts of 1874-1875. + +[1637] Auditor's Report, 1902, p. 14. + +[1638] _E.g._ the State Bank. + +[1639] T. H. Clark, "Railroads and Navigation," in "Memorial Record of +Alabama," Vol. II, pp. 322-323; Martin, "Internal Improvements in +Alabama," pp. 72-77; Garrett, "Public Men," pp. 577, 580. + +[1640] Martin, "Internal Improvements," pp. 65-68. + +[1641] Martin, "Internal Improvements," p. 42 _et seq._ + +[1642] Martin, "Internal Improvements," pp. 68-71; Auditor's Report, Oct. +12, 1869. + +[1643] Census, 1850, 1860. + +[1644] Acts of Ala., 1866-1867, pp. 686-694. + +[1645] The constitution of 1867, Art. 13, Sec. 13, provided that the +credit of the state should not be given nor loaned except in aid of +railways or internal improvements, and then only by a two-thirds vote of +each house. + +[1646] Acts of Ala., Aug. 7 and Sept. 22, 1868. The promoters of the roads +claimed that the old law was useless, but that $16,000 a mile would +attract northern and European capital. Herbert, "Solid South," p. 52. + +[1647] Governor's Message, Nov. 15, 1869. The carpet-bag auditor also +advocated the repeal of the law. He thought that no road should be +indorsed for more than $10,000 a mile, since the average value was less +than $13,000 a mile. + +[1648] Act of Feb. 21, 1870, Acts of Ala., 1869-1870 + +[1649] Act of March 1, 1870, Acts of Ala., 1869-1870, p. 286. + +[1650] Act of April 21, 1873, Acts of Ala., 1872-1873, p. 45. + +[1651] Acts of Oct. 6 and Nov. 17, 1868, Acts of Ala., 1868, pp. 207, 347; +Herbert, "Solid South," p. 52; Annual Cyclopædia (1871), pp. 7, 8. The +railroad must have intended to profit by the indorsement, and must have +paid for it, for when, a year later, ex-Governor Patton, who for the sake +of respectability was made the nominal president, was in Boston, he was +reproached by the Alabama and Chattanooga officials for allowing their +charter to cost them $200,000. See Ku Klux Rept., Ala. Test., p. 232. + +[1652] Alabama _vs._ Burr, 115 United States Reports, p. 418. Burr, J. C. +Stanton, and D. N. Stanton had been prosecuted by the state of Alabama for +the fraudulent use of indorsed bonds. + +[1653] Governor Smith's Message, Nov. 15, 1869. + +[1654] Auditor's Report, 1870. + +[1655] Message in _Independent Monitor_, Dec. 13, 1870. + +[1656] _Independent Monitor_, June 14, 1871; Ku Klux Rept., pp. 172, 317; +Ku Klux Rept., Ala. Test., p. 193; Auditor's Report, 1871. + +[1657] Act of Feb. 11, 1870, Acts of Ala., 1869-1870. + +[1658] _Montgomery Mail_, Jan. 25, 1871; _Southern Argus_, Feb. 2, 1872, +and Feb. 28, 1873; Somers, "Southern States," p. 157; Report of the House +Railroad Investigation Committee, 1871; Herbert, "Solid South," pp. 52, +53. Colonel Herbert says that the Alabama and Chattanooga officials +_demanded_ the $2,000,000 and received it. "Solid South," p. 53. The +legislature that voted the gift of $2,000,000 was composed as follows: +Senate, 32 Radicals and 1 Democrat; House, 85 Radicals (of whom 20 were +negroes) and 15 doubtful Democrats. The carpet-bag editor of the +_Demopolis Republican_ said: "Men who never paid ten dollars' tax in their +lives talk as flippantly of millions as the schoolboy of his marbles. +Meanwhile, outsiders talk of buying and selling men at prices which would +have been a disgrace to a slave before the war." _Montgomery Mail_, Jan. +25, 1871. + +[1659] Annual Cyclopædia (1870), p. 10. + +[1660] Report of the House Railroad Committee, 1871; Ku Klux Rept., p. +319. + +[1661] Ku Klux Rept., p. 319; House Journal, 1870-1871, p. 236; Report of +the House Railroad Investigating Committee, 1871; Ku Klux Rept., Ala. +Test., p. 232; J. P. Stow, Radical senator from Montgomery, said that when +Hardy left at the end of the session, he carried away $150,000. Not all of +it was his own; some of it he had collected for others. One senator is +said to have held his vote at $1000 regularly. + +[1662] Senate Journal, 1873; Appendix containing Journal of the Capitol +Senate, 1872, pp. 19-34; Lindsay's Message, 1872, to the Capitol +Legislature. Lindsay said that all the Democrats worked hard to prevent +the passage of the $2,000,000 bill; that he himself worked in the lobby +until three o'clock in the morning trying to defeat the thieves. Ku Klux +Rept., Ala. Test., p. 199. + +[1663] Ku Klux Rept., p. 318; Ku Klux Rept., Ala. Test., p. 196; Report of +the House Investigation Committee, p. 1871. Ex-Governor Patton testified +that though president of the Alabama and Chattanooga road, he had opposed +the bill and in consequence had been displaced, D. N. Stanton of Boston +being elected. Patton stated that none of the capital stock had at this +time been paid in by the stockholders. + +In 1870-1871 "another set of financiers had made up their minds to come +down South and help Alabama. Their demand was for $5,000,000 with which to +set furnaces and factories going. They were too late. If they had only +come the session before, there was no chance for a bill containing +$5,000,000, properly pressed, to have failed." But the lower house now had +a Democratic majority. Herbert, "Solid South," p. 57. + +[1664] Senate Journal, 1870-1871, p. 78; Lindsay's Message, Nov. 21, 1871; +Senate Journal, 1870-1871. + +[1665] Ku Klux Rept., Ala. Test., pp. 195, 196; Lindsay's Messages, +1871-1872; Lindsay's Statement of Facts, April 22, 1871; Report of +Commissioners of the Public Debt, Jan. 24, 1876. + +[1666] Act of Feb. 25, 1871. + +[1667] Statement of Facts which influenced Governor Robert B. Lindsay in +his Action in regard to the Bonds of the Alabama and Chattanooga Railroad +Company, April 22, 1871; Lindsay's Message, Nov. 21, 1871. While Lindsay +was in New York, Ex-Governor Smith called on him and half acknowledged the +whole affair. Ala. Test., p. 199. Afterwards in a letter Smith strongly +protested that some of the bonds signed and sealed by himself were +fraudulent, and blamed Governor Lindsay and the legislature for +recognizing them. He acknowledged that his carelessness had resulted in +the present state of affairs. Somers, "Southern States," p. 158. April 3, +1871, Smith wrote, "I admit that if I had attended strictly to the +indorsement and issue of these bonds, that all this never would have +occurred." Herbert, "Solid South," p. 53. + +[1668] Statement of Facts, April 22, 1871; Ku Klux Rept., Ala. Test., pp. +198, 199. Lindsay said that since the Alabama and Chattanooga road was +indorsed under the laws of 1867 and 1868, it did not come under the laws +of 1870. Consequently, when the Alabama and Chattanooga defaulted, the +state was not bound to pay interest on the $2,000,000 state bonds until +the legislature acted in March, 1871. + +In his Statement of Facts, Lindsay relates a suggestive and illuminating +incident: On Dec. 13, 1870, John Demerett, an Alabama and Chattanooga +bondholder, brought suit in the Superior Court of King's County, New York, +against the Alabama and Chattanooga Railroad Company, the state of +Alabama, and one F. B. Loomis (of the Alabama and Chattanooga Company), +alleging that the said railway company was about to place on the market +500 first mortgage bonds numbered from 4800 to 5300, indorsed by the +governor of Alabama in violation of the law. Demerett prayed for an +injunction to restrain the company from selling the bonds. The records +showed that the state of Alabama appeared by her attorney, one William D. +Vieder, who declared on affidavit that he was employed by Henry Clews & +Company, financial agents of Alabama. Vieder filed an answer in behalf of +Alabama, stating that the bonds numbered 4801 to 5300 were properly +indorsed, and were of the same class as others issued by the company, that +the indorsement was in conformity to law, and that in no case would the +bonds be repudiated. The injunction was dissolved and the company +permitted to sell. To the Ku Klux Committee Lindsay suggested that Smith +might have signed the illegal bonds after he went out of office, as they +were not placed on the market until January, 1871. (See Ala. Test., p. +197.) But the Demerett case seems to disprove this and to show that the +bonds were issued while Smith was governor. The House Railroad +Investigation Committee, in 1871, reported that Smith asserted that the +fraudulent indorsements were secured by the active coöperation of Henry +Clews & Company, Souter & Company, and Braunfels of Émile Erlanger et +Cie., with the Stantons. _Southern Argus_, Feb. 2, 1875. Lindsay further +stated that there were evidences of collusion between Stanton and Smith to +secure the election of the latter in 1870 at all hazards. They wanted to +gain time in order to conceal the irregularity in the issue of bonds. +Stanton furnished much money to the campaign fund, and on election day +marched to the registration office at the head of 900 railroad employees, +who came from the entire length of the road, had them registered, gave +each of them a Radical ticket, and then voted them in a body. Ala. Test., +pp. 193, 197. + +[1669] Acts of Alabama, 1870-1871, pp. 12, 13. + +[1670] Ku Klux Rept., p. 172. + +[1671] Annual Cyclopædia (1871), pp. 7, 8; Lindsay's Message, Nov. 21, +1871; Senate Journal, 1871-1872, pp. 44, 320; Report of John H. Gindrat, +Receiver of the Alabama and Chattanooga Railroad, 1871. + +The engineers in the employ of the state reported that to put the road in +Alabama in fair condition at the time it was seized would require +$507,983.74. Twenty-four miles of rails were old ones that Sherman had +burned. Report of Farrand and Thom, Nov. 9, 1871; Senate Journal, +1871-1872, p. 43. To complete the road, Gindrat reported that $1,000,000 +would be needed. Senate Journal, 1871-1872, p. 337. + +At the time the road was seized $10,500,000 from all sources had +disappeared. Part of it was spent on the road, which, with all equipment, +in 1871 was valued at $6,120,995. (An estimate of its value in 1873 was +$4,183,388.) The capital stock authorized was $7,500,000, of which only +$2,700,000 was ever paid in. Ku Klux Rept., pp. 172, 173; Auditor's +Report, 1871 and 1873. The earnings of the road from November, 1872, to +November, 1873, were $232,583.96. The expenses of the road from November, +1872, to November, 1873, were $1,083,851.90. Report of the Receiver of the +Alabama and Chattanooga Railroad, 1873. + +[1672] Rice and Chilton, attorneys of the Alabama and Chattanooga road, +gave the state much trouble. Rice was a scalawag, but several partners he +had at that time and later were Democrats. + +[1673] During the whole time there was a large element in favor of not +recognizing the legality of the bond issues authorized by the carpet-bag +legislatures. The carpet-bag government was not a government of the +people, but was imposed and upheld by military force, some said, and had +no right to vote away the money of the people without their consent. The +_Selma Times_, March 5, 1874, voiced this sentiment: "Alabama must and +will be ruled by whites.... We will not pay a single dollar of the +infamous debt, piled upon us by fraud, bribery, and corruption, known as +the 'bond swindle' debt. Let the bondholders take the railroads." See +Senate Journal, 1875-1876, pp. 213-221. + +[1674] Annual Cyclopædia (1871), p. 8; (1872), pp. 8, 9; Lewis's Message, +Dec. 20, 1872; Senate Journal, 1872-1873, p. 43; Lewis's Message, Nov. +1874; Senate Journal, 1874-1875; Final Report of the Committee of the +Alabama and Chattanooga Bondholders, London, 1876; Acts of Ala., Dec. 21, +1872; Acts of Ala., March 20, 1875. + +[1675] Lewis's Message, Nov., 1874. + +[1676] Ku Klux Rept., p. 173; Governor Houston's Message, Dec., 1875; +Senate Journal, 1875-1876. + +[1677] Governor Lewis's Message, Nov., 1874; Senate Journal, 1874-1875. + +[1678] Report of House Railroad Committee; Auditor's Report, 1873. + +[1679] Auditor's Report, 1871. + +[1680] Martin, "Internal Improvements," p. 70; Auditor's Report, 1869; +Acts of Dec. 30, 1869, Acts of Ala., 1868, pp. 487, 494. The South and +North road was merely an expansion of "The Mountain Railroad Company," an +old corporation. + +[1681] Acts of 1869-1880, p. 374. + +[1682] Message, in _Independent Monitor_, Dec. 13, 1870. + +[1683] Report of House Railroad Inv. Com., 1871. See also Report of +Auditor, 1870, which says $1,980,000 indorsement. + +[1684] Ku Klux Rept., Ala. Test., p. 197. + +[1685] Auditor's Report, 1871. + +[1686] Ku Klux Rept., p. 318; Report of House Railroad Inv. Com., 1871. + +[1687] _Montgomery Mail_, Feb. 24, 1870. + +[1688] Message, Nov. 17, 1874. + +[1689] Report of House Railroad Inv. Com., 1871; Lewis's Message, Nov. 17, +1873; Auditor's Report, 1869; Auditor's Report, 1873; House Journal, +1871-1872, pp. 305, 353; Acts of 1869-1870, p. 290. + +[1690] _Southern Argus_, Feb. 2, 1872; Governor Lewis's Message, Nov. 17, +1873; Auditor's Report, 1871 and 1873. + +[1691] Lewis's Message, Nov. 17, 1873; Auditor's Report, 1873; Act of Jan. +17, 1870. + +[1692] _Southern Argus_, Feb. 2, 1872; Auditor's Report, 1873; Lewis's +Messages, 1873. + +[1693] _Southern Argus_, Feb. 2, 1872; Auditor's Reports, 1871 and 1873; +Mathes, "General Forrest," p. 362; Wyeth, "Life of General Nathan Bedford +Forrest," pp. 617, 619. When Smith had indorsed this road for $720,000, he +reported the amount as $640,000. _Independent Monitor_, Dec. 13, 1870. + +[1694] Act of Dec. 30, 1868. + +[1695] Senate Journal, 1872-1873, pp. 416-422; Acts of Ala., 1872-1873, p. +58; Auditor's Reports, 1871, 1873; Governor Lewis's Report, Nov. 17, 1873. + +[1696] Act of Feb. 25, 1870. + +[1697] Auditor's Report, 1873. + +[1698] $1,300,000 fraudulent indorsement; $2,000,000 in state bonds in +addition. + +[1699] No record of $80,000 indorsement. + +[1700] Also "three per cent fund" amounting to $30,000+, and state bonds +amounting to $300,000. No record of $720,000. + +[1701] No record of $1,500,000. + +[1702] No record of $160,000. Also a loan of $40,000. + +[1703] No record of $45,000. + +[1704] Including $2,200,000, of which no record was found. + +[1705] Act of Dec. 31, 1868; Acts of 1868, p. 514. + +[1706] _Southern Argus_, June 14, 1872; Miller, "Alabama," p. 278; Acts of +Ala., _passim_; "Northern Alabama," p. 737; Brown, "Alabama," p. 291; +Herbert, "Solid South," p. 53. + +[1707] A commission from Mobile visited the schools in New York, Boston, +and other cities of the North. + +[1708] Exclusive of Mobile County, which, as the honored pioneer, has +always been outside of, and a model for, the state system. + +[1709] Clark, "History of Education in Alabama," pp. 221-241; Report of +the United States Commissioner of Education, 1876, p. 6. + +[1710] The son of ex-Governor Watts. Clark, p. 94. + +[1711] See Ch. XI, Sec. 3. + +[1712] Clark, p. 95 _et passim_. In 1869 N. B. Cloud, the Superintendent +of Public Instruction, asked the legislature to make the loan a gift, +since the destruction of the buildings was "the natural fruits of +secession," the fault of the "purblind leaders" who "pretended to secede." +Therefore he thought the state was responsible for the damage done the +University. + +[1713] See Journal Convention of 1867, p. 242 _et passim_, and above, Chs. +XIV and XV. + +[1714] There were four congressional districts. + +[1715] The supreme court decided in regard to the Board of Education: "The +new system has not only administrative, but full legislative, powers +concerning all matters having reference to the common school and public +educational interests of the state. It cannot be destroyed nor essentially +changed by legislative authority." Report of the Commissioner of +Education, 1873, p. 5. But in 1873-1874 the legislature, however, by +refusing appropriations, did manage to nullify the work of the Board. + +[1716] Constitution of 1867, Art. XI. + +[1717] In 1871 the legislature repealed this act, and a case that arose +was carried to the United States supreme court, which, reversing a former +decision of the state supreme court, held that the action of one +legislature could not restrain subsequent legislatures from legislating +for the public welfare by suppressing practices that tended to corrupt +public morals. Besides, the court professed itself unable to find in the +act any authority for a lottery. See Boyd _vs._ Alabama, 94 United States +Reports, p. 645 (opinion by Justice Field). + +[1718] Act of Dec. 31, 1868. At the same time the office of Commissioner +of Lotteries was created, with a salary of $2000 a year. + +[1719] This is the opinion of two subsequent members--one a Democrat and +one a Radical. See also Ku Klux Report, Ala. Test., p. 426. The members +were G. L. Putnam, A. B. Collins (Collins was made a professor in the +University, but murdered Haughey, the Radical Congressman, and fled from +the state), W. D. Miller, Jesse H. Booth, Thomas A. Cook, James Nichols, +William H. Clayton, Gustavus A. Smith,--four scalawags and four +carpet-baggers. The first two named resigned to accept offices created by +the board. See Register of the University of Alabama, 1831-1901, p. 20. + +[1720] Report, Nov. 10, 1869. + +[1721] This was done at the instance of the aid societies from the North +which had been doing work among the negroes. + +[1722] Acts, Aug. 11, 1868. Public School Laws (pamphlet). See also Acts +of Ala., 1868, pp. 147-160. + +[1723] Clark, p. 98. + +[1724] See Ch. XX. + +[1725] Nicholas Davis, a north Alabama Republican, had this to say about +Lakin to the Ku Klux subcommittee: "He called on me to explain why I said +unkind things about his being candidate for president of the Alabama +University, and I said, 'Mr. Lakin, you and I are near neighbors, and I +don't want to have much to do with you--not much; but I think this: didn't +you try to be president of the Alabama University?' He said he did. I +said, 'It would have been a disgrace to the state. You don't know an +adjective from a verb, nor nothing else.'... He says, '... but I rather +didn't like what you said.' I said, 'Doctor, you will have to like it or +let it alone.' He let it alone."--Ku Klux Rept., Ala. Test., p. 784. + +[1726] Clark, p. 98, is not correct on this point; Ku Klux Rept., Ala. +Test., pp. 111, 112, 113, 114; account of Dr. O. D. Smith of the second +Board of Education; _Independent Monitor_, Aug. 9 and Sept. 1, 1868. + +[1727] For the picture see Ala. Test., p. 113, or the _Independent +Monitor_, Sept 1, 1868. Ryland Randolph, the editor of the _Monitor_ at +that time, says that the picture was made from a rough woodcut, fashioned +in the _Monitor_ office. The _Cincinnati Commercial_ published an edition +of 500,000 copies of the hanging picture for distribution as a campaign +document. A Columbus, Ohio, newspaper also printed for distribution a +larger edition containing the famous picture. This was during the +Seymour-Grant campaign, and the Democratic newspapers and leaders of the +state were furious at Randolph for furnishing such excellent campaign +literature to the Radicals. + +[1728] Clark, p. 98; _Independent Monitor_, Jan. 5 and March 23, 1869. + +[1729] _Selma Times and Messenger_, Aug. 9, 1868. + +[1730] Clark, pp. 98, 99. _Monitor_, Jan. 5, March 1 and 23, 1869. "The +Reconstruction University," a farce, was acted at the court-house for the +benefit of the brass band. There was no hope whatever that the +reconstructed faculty would have a pleasant time. + +[1731] See the _Monitor_, March 1, 1869. + +[1732] Richards was at the same time state senator from Wilcox, sheriff of +the same county, contractor to feed prisoners, and professor in the +University. His income from all the offices was about $12,000, the +professorship paying about $2500. + +[1733] Report of Cloud, Nov., 1869. Clark, p. 99. + +[1734] See _Monitor_, April 6, 1869. The editor of the _Monitor_ finally +came to grief because of his attacks on the Radical faculty. His paper had +charged Professor V. H. Vaughn with drunkenness, whipping his wife, +incompetence, etc. After a year of such pleasantries, Vaughn, who was a +timid man, determined to secure assistance and be revenged. In the +University was a student named Smith, son of a regent and nephew of the +governor, who, on account of his Union record, was given the position of +steward of the mess hall, after the removal of the old steward. Smith had +been in trouble about abstracting stores from the University commissary, +and the _Monitor_ had not spared him. So he and Vaughn with their guns +went after Randolph, and Smith shot him "while Vaughn stood at a +respectful distance." Randolph lost his leg from the shot. Smith and +Vaughn were put in jail, but through the connivance of the officials made +their escape. Vaughn went to Washington and was given an office in Utah +territory. See Ku Klux Rept., Ala. Test., p. 1979. + +[1735] He was a competent man, well educated and possessing administrative +ability. In the secession convention he had led the coöperationist forces. + +[1736] Clark, pp. 99-101; _Monitor_, Jan. 10 and 25 and March 28, 1871. +The Register of the University (p. 218) gives only thirteen names for the +session 1870-1871. No record was kept at the University. + +[1737] See Register of the University of Alabama, p. 217. + +[1738] These notices were printed in the Ku Klux Rept., Ala. Test., p. +418. They were fastened to the door with a dagger. The students who were +notified left at once. + +[1739] See Ku Klux Rept., Ala. Test., p. 426 (Speed). + +[1740] The following table gives the enrolment of students during +Reconstruction:-- + + SESSION STUDENTS + 1868-9 + 1869-70 30 + 1870-1 21 + 1871-2 107 + 1872-3 135 + 1873-4 53 + 1874-5 74 + 1875-6 111 + 1876-7 164 + +[1741] I have this account from the men who furnished the bribes. + +[1742] Clark, p. 99. + +[1743] Finley had been doorkeeper for the first Board (1868-1870), and in +1870 was elected to serve four years. He was a member of the convention of +1867 and of the legislature. He had no education and no ability, but he +was a sensible negro and was an improvement on the white men of the +preceding Board. + +[1744] Journal of the Board of Education and Regents, June 20, 1871. + +[1745] Act of Dec. 6, 1873, School Laws. + +[1746] Clark, p. 232; Report of Cloud, Nov., 1869; _Montgomery Mail_, +Sept. 16, 1870. In connection with the act merging the Mobile schools into +the state system, the Board of Education took occasion to enlarge or +complete its constitutional powers. There was no limit, according to the +Constitution, to the time for the governor to retain acts of the Board. +Governor Smith had pocketed several obnoxious educational bills, and the +Board now resolved "that the same rules and provisions which by law govern +and define the time and manner in which the governor of the state shall +approve of or object to any bill or resolution of the General Assembly +shall also apply to any bill or resolution having the force of law passed +by this Board of Education." The governor approved neither resolution nor +the Mobile act, but they were both declared in force. _Montgomery Mail_, +Nov. 3, 1870. + +[1747] Senate Journal, 1869-1870, p. 419. + +[1748] _Montgomery Mail_, Sept. 16, 1870. + +[1749] A specimen pay-roll of Emerson Institute ("Blue College") for the +quarter ending March 31, 1869:-- + + ====================================================================== + |MONTHS| SALARY | TOTAL + -------------------------------------------|------|---------|--------- + G. L. Putnam, Supt. of Colored Schools | 3 | $333.33 | $1000.00 + H. S. Kelsey, Prin. Emerson Institute | 3 | 225.00 | 675.00 + E. I. Ethridge, Prin. Grammar School | 3 | 200.00 | 600.00 + Susie A. Carley, Prin. Lower School | 3 | 180.00 | 540.00 + A. A. Rockfellow, Prin. Intermediate School| 3 | 105.00 | 315.00 + Sarah A. Primey, Prin. Intermediate School | 3 | 105.00 | 315.00 + M. L. Harris, Prin. Intermediate School | 3 | 105.00 | 315.00 + M. A. Cooley, Prin. Intermediate School | 3 | 105.00 | 315.00 + M. E. F. Smith, Prin. Intermediate School | 3 | 105.00 | 315.00 + Ruth A. Allen, Primary School | 3 | 105.00 | 315.00 + N. G. Lincoln, Primary School | 3 | 105.00 | 315.00 + M. L. Theyer, Primary School | 3 | 105.00 | 315.00 + Judge Rapier, legal opinion | -- | -- | 50.00 + American Missionary Association, fuel | -- | -- | 40.00 + | | |--------- + Total | | | $5425.00 + ====================================================================== + +At this time the average salary of the teacher in the state schools was +$42 a month. + +[1750] _Montgomery Mail_, Sept. 16, 1876. Cloud's Report, Nov., 1869, +shows that $10,447.23 had been drawn out of the treasury by Putnam, and he +had also drawn $2000 for his salary as county superintendent. + +[1751] Report of the Auditor, 1871; Report of the Commissioner of +Education, 1871, 1876. + +[1752] See Act of Dec. 2, 1869; Somers, "Southern States," pp. 169, 170. + +[1753] The law stated that the trustees were to receive $2 a day, but +Cloud said that it was a mistake, as it should be the clerks who were +paid, and thus it was done. There were 1485 clerks in the state; they were +paid about $60,000 a year. The county superintendents received about +$65,000, an average of $1000 each, which was paid from the school fund. +Before the war the average salary of the county superintendent was $300 +and was paid by the county. In few counties was the work of the county +superintendent sufficient to keep him busy more than two days in the week. +Many of the superintendents stayed in their offices only one day in the +week. The expenses of the Board of Education were from $3000 to $5000 a +year, not including the salary of the state superintendent. _Montgomery +Mail_, Sept. 15 and 16, 1870. + +[1754] Hodgson's Report, 1871; Ala. Test., p. 233. + +[1755] Cloud, the state superintendent, had power of attorney to act for +certain county superintendents. This he sub-delegated to his son, W. B. +Cloud, who drew warrants for $8551.31, which were allowed by the auditor. +This amount was the school fund for the following counties: Sumter, +$1,535.59; Pickens, $6,423.17; Winston, $215.89; Calhoun, $176.66; +Marshall, $200.00. + +A clerk in the office of C. A. Miller, the secretary of state, forged +Miller's name as attorney and drew $3,238.39 from the Etowah County fund. +Miller swore that he had notified both auditor and treasurer that he would +not act as attorney to draw money for any one. + +John B. Cloud bought whiskey with tax stamps. See Hodgson's Report, 1871; +Ala. Test., p. 233; _Montgomery Advertiser_, Sept. 27, 1872. + +[1756] Hodgson's Report, 1871; _Montgomery Advertiser_, Sept. 27, 1872; +Report of the Commission to Examine State Offices, 1871. + +[1757] Somers, pp. 169, 170. + +[1758] _Montgomery Mail_, Sept. 15, 1870. + +[1759] Somers, "Southern States," p. 170; voters only counted as polls. + +[1760] _Montgomery Mail_, Sept. 15, 1870. + +[1761] In recent years the people have demanded and obtained a different +class of school histories, such as those of Derry, Lee, Jones, Thompson, +Cooper, Estill, and Lemmon. Adams and Trent is an example of one of the +compromise works that resulted from the demand of the southerners for +books less tinctured with northern prejudices. + +[1762] Cloud's Report, Nov., 1869; Hodgson's Report, 1871; Ku Klux Rept., +Ala. Test., p. 426; Montgomery Conference, "Race Problems," p. 107. + +[1763] See Ala. Test., p. 236 (General Clanton). + +[1764] Ku Klux Rept., p. 53; Ku Klux Rept., Ala. Test., pp. 234, 235. + +[1765] Ala. Test., p. 1123. + +[1766] _Montgomery Advertiser_, July 30, 1866; _Selma Times_, June 30, +1866. + +[1767] Ala. Test., p. 236. + +[1768] _Selma Times_, Dec. 30, 1865; _Gulf States Hist. Mag._, Sept., +1902. + +[1769] Trowbridge, "The South," p. 431. + +[1770] _Marion Commonwealth_; meeting held May 17, 1866. + +[1771] _Montgomery Advertiser_, July 24, 1867; Ala. Test., p. 236. + +[1772] _Montgomery Advertiser_, July 24, 1867; Ala. Test., pp. 236, 246. + +[1773] See Ch. XI, Sec. 3. + +[1774] For specimen letters written to their homes, see the various +reports of the Freedmen's Aid Society of the Methodist Church, and the +reports of other aid societies. + +[1775] The best-known instances of the killing of such negroes were in +Tuscaloosa and Chambers counties. The Ku Klux Report gives only about half +a dozen cases of outrages on teachers. See Ala. Test., pp. 52, 54, 67, 71, +140, 252, 755, 1047, 1140, 1853. Cloud in his report made no mention of +violence to teachers, nor did the governor. Lakin said a great deal about +it, but gave no instances that were not of the well-known few. There was +much less violence than is generally supposed, even in the South. + +[1776] Ala. Test., p. 252. + +[1777] See Ala. Test., pp. 236, 1889; Somers, "Southern States," p. 169; +Report of the Joint Committee on Outrages, 1868. In Crenshaw, Butler, and +Chambers counties some schools existed for a year or more until teachers +of bad character were elected. Then the neighborhood roughs burned the +school buildings. Neither Cloud nor any other official reported cases of +such burnings. The legislative committee could discover but two, and in +both instances the women teachers were of bad character. In the records +can be found only seventeen reports of burnings, and several of these were +evidently reports of the same instance; few were specific. Lakin, who +spent several years in travelling over north Alabama, and who was much +addicted to fabrication and exaggeration, made a vague report of "the +ruins of a dozen" schoolhouses. (Ala. Test., pp. 140, 141.) There may have +been more than half a dozen burnings in north Alabama, but there is no +evidence that such was the case. The majority of the reports originated +outside the state through pure malice. The houses burned were principally +in the white counties and were, as Lakin reports, slight affairs costing +from $25 to $75. It was so evident that some of the fires were caused by +the carelessness of travellers and hunters who camped in them at night, +that the legislature passed a law forbidding that practice. See Acts of +Ala., p. 187. About as many schoolhouses for whites were destroyed as for +blacks. Some were fired by negroes for revenge, others were burned by +accident. + +[1778] _Weekly Mail_, Aug. 18, 1869. + +[1779] _Demopolis New Era_, April 1, 1868. + +[1780] Hodgson's Report, Nov. 11, 1871. + +[1781] Hodgson's Report, Nov. 15, 1871. + +[1782] Hodgson's Report, Nov. 15, 1871. + +[1783] For opinions in regard to the value of the early education among +the negroes, see Washington's "Future of the American Negro" and "Up from +Slavery"; W. H. Thomas's "American Negro"; P. A. Bruce's "Plantation Negro +as a Freeman"; J. L. M. Curry, in Montgomery Conference. + +[1784] _Montgomery Advertiser_, July 24, 1867. + +[1785] Ala. Test., p. 236. + +[1786] Ku Klux Rept., Ala. Test. Dr. J. L. M. Curry, who, in 1865, began +his work for the education of the negro, has thus expressed his opinion of +the early attempts to educate the blacks: "The education was unsettling, +demoralizing, pandered to a wild frenzy for schooling as the quick method +of reversing social and political conditions. Nothing could have been +better devised for deluding the poor negro, and making him the tool, the +slave, of corrupt taskmasters.... With deliberate purpose to subject the +southern states to negro domination and secure the states permanently for +partisan ends, the education adopted was contrary to common sense, to +human experience, to all noble purposes. The aptitude and capabilities and +needs of the negro were wholly disregarded. Especial stress was laid on +classics and liberal culture to bring the race _per saltum_ to the same +plane with their former masters, and realize the theory of social and +political equality. Colleges and universities, established and conducted +by the Freedmen's Bureau and northern churches and societies, sprang up +like mushrooms, and the teachers, ignorant and fanatical, without +self-poise, proceeded to make all possible mischief." Montgomery +Conference, "Race Problems," p. 109. See also the papers of Rev. D. Clay +Lilly and Dr. P. B. Barringer in Montgomery Conference, "Race Problems," +p. 130; William H. Baldwin and Dr. Curry in Second Capon Springs +Conference; Barringer, "The American Negro: His Past and Future"; +Barringer, W. T. Harris, and J. D. Dreher in Proceedings Southern +Education Association, 1900; Haygood, "Pleas for Progress" and "Our +Brother in Black"; Abbott, "Rights of Man," pp. 225-226. + +[1787] The United States Commissioner of Education, in his report for that +year, made before the elections, stated that in educational matters the +state of Alabama was about to take a "backward step," meaning that it was +about to become Democratic. Report, 1870, p. 15. Later he made similar +remarks, much to the disgust of Hodgson, who was an enthusiast in +educational matters. + +[1788] Journal of the Board of Education and Regents, 1870. Dr. O. D. +Smith, who was one of the newly elected Democratic members of the Board, +says that Cloud refused to inform the Board of the contents of Hodgson's +communications. Thereupon Hodgson addressed one to the Board directly and +not to Cloud. When it came in through the mail, Cloud took possession of +it, but Dr. Smith, who was on the lookout, called his attention to the +fact that it was addressed to the Board and reminded him of the penalties +for tampering with the mail of another person. The secretary read +Hodgson's communication, and the Board was then free to act. The +Democratic members convinced the Radicals that if Cloud continued in +office they would not be able to draw their _per diem_, so Cloud was +compelled to vacate at once. When he left he had his buggy brought to the +door, and into it he loaded all the government coal that was in his office +and carried it away. + +[1789] Hodgson's Report, 1872. + +[1790] See Hodgson's Report, 1871. + +[1791] Hodgson's Report, 1871; Report of the Commissioner of Education, +1876, p. 7; Journal of the Board of Education and Regents, 1871; Acts of +the Board of Education, pamphlet. + +[1792] And this was the case notwithstanding the fact that the county +superintendents were now allowed mileage at the rate of eight cents a mile +in order to get them to come to Montgomery for their money and thus to +decrease the chances of corrupt practices of the attorneys. Hodgson +complained that many old claims which should have been settled by Cloud +were presented during his administration. + +[1793] Speed was a southern Radical. During the war he was a state salt +agent at the salt works in Virginia. He was a member of the Board of +Education from 1870 to 1872, and was far above the average Radical +office-holder in both character and ability. + +[1794] Report of the Commissioner of Education, 1873, 1874, 1876; Speed's +Report, 1873. Speed was ill much of the time, and his bookkeeping was +little better than Cloud's. Two clerks, who, a committee of investigation +stated, were distinguished by a "total want of capacity and want of +integrity," managed the department with "such a want of system ... as most +necessarily kept it involved in inextricable confusion." Money was +received and not entered on the books. A sum of money in coin was received +in June, 1873, and six months later was paid into the treasury in +depreciated paper. Vouchers were stolen and used again. Bradshaw, a county +superintendent, died, leaving a shortage of $10,019.06 in his accounts. A +large number of vouchers were abstracted from the office of Speed by some +one and used again by Bradshaw's administrator, who was no other than Dr. +N. B. Cloud, who made a settlement with Speed's clerks, and when the +shortage was thus made good, the administrator still had many vouchers to +spare. This seems to have been Cloud's last raid on the treasury. +_Montgomery Advertiser_, Dec. 18, 1873; Report of the Joint Committee on +Irregularities in the Department of Education, 1873. + +[1795] Under the Reconstruction administrative expenses amounted to 16 per +cent, and even more. + +[1796] The experiences with the American Missionary Association, etc., +made this provision necessary. + +[1797] The United States Commissioner of Education gave a disapproving +account of these changes. It was exchanging "a certainty for an +uncertainty," he said. Speed had not found it a "certainty" by any means. + +[1798] Plus the poll tax, which was not appropriated as required by the +constitution, but diverted to other uses. + +[1799] There was a shortage of $187,872.49, diverted to other uses. + +[1800] Shortage unknown; teachers were paid in depreciated state +obligations. + +[1801] Shortage was $330,036.93. + +[1802] Only $68,313.93 was paid, the rest diverted; shortage now was +$1,260,511.92. + +[1803] None was paid, all diverted; shortage nearly two millions. + +[1804] All was paid (by Democrats, who were now in power). + +[1805] McTyeire, "A History of Methodism," p. 670; Smith, "Life and Times +of George F. Pierce"; _Southern Review_, April, 1872. + +[1806] Buckley, "History of Methodism in the United States," pp. 516, 517. + +[1807] Matlack, "Anti-Slavery Struggle and Triumph in the Methodist +Episcopal Church," p. 339; Smith, "Life and Times of George F. Pierce," p. +530. + +[1808] Annual Cyclopædia (1865), p. 552; Caldwell, "Reconstruction of +Church and State in Georgia" (pamphlet). + +[1809] Annual Cyclopædia (1865), p. 552. + +[1810] "The schismatical plans of the Northern Methodists and the subtle +proselytism of the Episcopalians" (Pierce). See Smith, "Life and Times of +George F. Pierce," pp. 491, 499, 505, 530; West, "History of Methodism in +Alabama," p. 717; McTyeire, "A History of Methodism," p. 673. + +[1811] A Federal official in north Alabama who had known of Lakin in the +North testified that he had had a bad reputation in New York and in +Illinois and had been sent South as a means of discipline. See Ku Klux +Rept., Ala. Test., p. 619 (L. W. Day, United States Commissioner). +Governor Lindsay said that Lakin was a shrewd, cunning, strong-willed man, +given to exaggeration and lying,--one who had a "jaundiced eye," "a +magnifying eye," and who among the blacks was a power for evil. Ala. +Test., p. 180. + +[1812] _N. Y. Herald_, May 10, 1868; Buckley, "History of Methodism," Vol. +II, p. 191. + +[1813] In 1871, Lakin stated that of his 15,000 members, three-fourths +were whites of the poorer classes; that there were under his charge 6 +presiding elders' districts with 70 circuits and stations, and 70 +ministers and 150 local preachers; and that he had been assisted in +securing the "loyal" element by several ministers who had been expelled by +the Southern Methodists during the war as traitors. Ala. Test., pp. 124, +130. Governor Lindsay stated that some of the whites of Lakin's church +were to be found in the counties of Walker, Winston, and Blount; that +there were few such white congregations, and that some of these afterward +severed their connection with the northern church, and by 1872 there were +only two or three in the state. Lakin worked among the negro population +almost entirely, and his statement that three-fourths of his members were +whites was not correct. See Ala. Test., pp. 180, 208. + +[1814] Ku Klux Rept., Ala. Test., pp. 111, 112, 124, 180, 623, 957. Lakin +secured all church property formerly used by the southern church for negro +congregations. + +[1815] Lakin never acknowledged the present existence of the southern +church. + +[1816] Ala. Test., pp. 238, 758. + +[1817] One of Lakin's relations was that while he was conducting a great +revival meeting among the hills of north Alabama, Governor Smith and other +prominent and sinful scalawag politicians were under conviction and were +about to become converted. But in came the Klan and the congregation +scattered. Smith and the others were so angry and frightened that their +good feelings were dissipated, and the devil reëntered them, so that he +(Lakin) was never able to get a hold on them again. Consequently, the Klan +was responsible for the souls lost that night. Lakin told a dozen or more +marvellous stories of his hairbreadth escapes from death by +assassination,--enough, if true, to ruin the reputation of north Alabama +men for marksmanship. + +[1818] Shackleford, "History of the Muscle Shoals Baptist Association," p. +84. + +[1819] Annual Cyclopædia (1865), p. 106. In 1905 there is a much better +spirit, and the churches of the two sections are on good terms, though not +united. + +[1820] Annual Cyclopædia (1865), p. 705. See p. 23 and Ch. IV, Sec. 7, +above. + +[1821] Thompson, "History of the Presbyterian Churches," p. 167. + +[1822] Annual Cyclopædia (1865), p. 706. + +[1823] Carroll, "Religious Forces," p. 281; Thompson, "History of the +Presbyterian Churches," pp. 163, 171; Johnson, "History of the Southern +Presbyterian Churches," pp. 333, 339. + +[1824] Perry, p. 328 _et seq._ + +[1825] Later the northern congregations of the Methodist Protestant Church +rejoined the main body, which was southern. + +[1826] Sen. Ex. Doc., No. 6, 39th Cong., 2d Sess. + +[1827] Riley, "History of the Baptists in Alabama," p. 310; _Montgomery +Advertiser_, Oct. 15, 1865; _N. Y. Times_, Oct. 22, 1865; George Brewer, +"History of the Central Association," pp. 46, 49. + +[1828] _Huntsville Advocate_, May 16, 1866. + +[1829] Shackleford, "History of the Muscle Shoals Baptist Association," p. +84. + +The Radical missionaries, in order to further their own plans, encouraged +the negroes to assert their equality by forcing themselves into the +congregations of the various denominations. Governor Lindsay related an +incident of a negro woman who went alone into a white church, selected a +good pew, and calmly appropriated it. No one molested her, of course. Ku +Klux Rept., Ala. Test., p. 208. + +America Trammell, a negro preacher of east Alabama, before the war and +afterward as late as 1870 preached to mixed congregations of blacks and +whites. A part of the church building was set apart for the whites and a +part for the blacks. Later he became affected by the work of the +missionaries, and in 1871 began to preach that "Christ never died for the +southern people at all; that he died only for the northern people." A +white woman teacher lived in his house, and he was killed by the Ku Klux +Klan. Ku Klux Rept., Ala. Test., p. 1119. + +[1830] Ball, "History of Clarke County," pp. 591, 630; Statistics of +Churches, p. 171. + +[1831] Ku Klux Rept., Ala. Test., pp. 236, 1067. + +[1832] "The Work of the Southern Baptists among the Negroes" (pamphlet). + +[1833] See the _Southern Baptist Convention Advanced Quarterly_, p. 30, +"Missionary Lesson, The Negroes," March 29, 1903, which is a most +interesting, artless, southern lesson. The northern Baptists also have a +mission lesson on the negroes which is distinctly of the abolitionist +spirit. The average student will get about the same amount of prepared +information from each. See "Home Mission Lesson No. 3, The Negroes." + +[1834] Foster, "Sketch of History of the Cumberland Presbyterian Church," +p. 300; Carroll, "Religious Forces," p. 294; Thompson, "History of the +Presbyterian Churches," p. 193. + +[1835] Thompson, "History of the Presbyterian Churches," p. 193; Scouller, +"History of the United Presbyterian Church of North America," p. 246. + +[1836] Montgomery Conference, "Race Problems," p. 114. + +[1837] Eighth Annual Report of the Freedmen's Aid Society. + +[1838] House Rept., No. 121, 41st Cong., 2d Sess. + +[1839] See "Race Problems," p. 139, for a statement of the work now being +done among the negroes in Alabama by the Catholic Church. + +[1840] Whitaker, "The Church in Alabama," pp. 193, 205, 206-212. The work +of the Episcopal Church among the negroes is more promising in later +years. See "Race Problems," pp. 126-131. It is not a sectional church, +with a northern section hindering the work of a southern section among the +negroes, as is the Methodist Episcopal Church. + +[1841] Carroll, "Religious Forces," p. 263. + +[1842] _Montgomery Advertiser_, Nov. 24, 1865. + +[1843] _Montgomery Advertiser_, Nov. 11, 1865. + +[1844] Report for 1866, Sen. Ex. Doc., No. 6, 39th Cong., 2d Sess. + +[1845] Lakin fomented disturbances between the races. His daughter wrote +slanderous letters to northern papers, which were reprinted by the Alabama +papers. Lakin told the negroes that the whites, if in power, would +reëstablish slavery, and advised them, as a measure of safety, physical as +well as religious, to unite with the northern church. The scalawags did +not like Lakin, and one of them (Nicholas Davis) gave his opinion of him +and his talks to the Ku Klux Committee as follows: "The character of his +[Lakin's] speech was this: to teach the negroes that every man that was +born and raised in the southern country was their enemy, that there was no +use trusting them, no matter what they said,--if they said they were for +the Union or anything else. 'No use talking, they are your enemies.' And +he made a pretty good speech, too; awful; a hell of a one; ... +inflammatory and game, too, ... it was enough to provoke the devil. Did +all the mischief he could.... I tell you, that old fellow is a hell of an +old rascal." Ala. Test., pp. 784, 791. One of Lakin's negro congregations +complained that they paid for their church and the lot on which it stood, +and that Lakin had the deed made out in his name. + +[1846] In the Black Belt and in the cities the slaveholders often erected +churches or chapels for the use of the negroes, and paid the salary of the +white preacher who was detailed by conference, convention, association, or +presbytery to look after the religious instruction of the blacks. Nearly +always the negro slaves contributed in work or money towards building +these houses of worship, and the Reconstruction convention in 1867 passed +an ordinance which transferred such property to the negroes whenever they +made any claim to it. See Ordinance No. 25, Dec. 2, 1867. See also Acts of +1868, pp. 176-177; Governor Lindsay in Ku Klux Rept., Ala. Test., p. 180; +_Montgomery Advertiser_, Nov. 24, 1865. + +[1847] _Huntsville Advocate_, May 5, 1865; Carroll, "Religious Forces," p. +263. + +[1848] Reports of the Freedmen's Aid Society, 1866-1874. + +[1849] The first recognition of such work, I find, is in the Report of the +Freedmen's Aid Society in 1878. + +[1850] Tenth and Eleventh Reports of the Freedmen's Aid Society. + +[1851] These religious bodies were the African Methodist Episcopal and the +African Methodist Episcopal Zion. The former was organized in Philadelphia +in 1816, and the latter in New York in 1820. Both were secessions from the +Methodist Episcopal Church. See Statistics of Churches, pp. 543, 559. At +first there were bitter feuds between the blacks who wished to join the +northern churches and those who wished to remain in the southern churches, +but the latter were in the minority and they had to go. See Ala. Test., p. +180; Smith, "History of Methodism in Georgia and Florida"; "Life and Times +of George F. Pierce," p. 491. + +The main difference between the A. M. E. and the A. M. E. Zion Church, +according to a member of the latter, is that in one the dues are 25 cents +a week and in the other 20 cents. + +[1852] McTyeire, "History of Methodism," pp. 670-673. A Southern Methodist +negro preacher in north Alabama was trying to reorganize his church and +was driven away by Lakin, who told his flock that there was a wolf in the +fold. See Ala. Test, p. 430. The statements of several of the negro +ministers would seem to indicate that Lakin took possession of a number of +negro congregations and united them with the Cincinnati Conference without +their knowledge. Few of the negroes knew of the divisions in the Methodist +Episcopal Church, and most of them thought that Lakin's course was merely +some authorized reorganization after the destruction of war. One witness +who knew Lakin in the North said that he was an original secessionist, +since, in Peru, Indiana, he broke up a church and organized a secession +congregation because he was opposed to men and women sitting together. The +same person testified that once in north Alabama Lakin asked for lodging +one night at a white man's house. The host was treated to a lecture by +Lakin on the equality of the races, and thereupon sent out and got a negro +and put him in a bed to which Lakin was directed at bedtime. He hesitated, +but slept with the negro. Ala. Test., pp. 791-794. Lakin was a strange +character, and for several years was a powerful influence among the +Radicals and negroes of north Alabama. See Ala. Test., p. 959. A Northern +Methodist leader among the negroes of Coosa County was the Rev. ---- +Dorman, who had formerly belonged to the southern church, but had been +expelled for immorality. He lived with the negroes and led a lewd life. He +advised the negroes to arm themselves and assert their rights, and +required them to go armed to church. See Ala. Test., pp. 164, 230. Rev. J. +B. F. Hill of Eutaw was another ex-Southern Methodist who taught a negro +school and preached to the negroes. He had been expelled from the Alabama +Conference (Southern) for stealing money from the church, and it was +charged that he tried to sell a coffin which had been sent him and in +which he was to send to Ohio the body of a Federal soldier who had died in +Eutaw. See _Demopolis New Era_, April 1, 1868. During the worst days of +Reconstruction a number of negro churches which were used as Radical +headquarters were burned by the Ku Klux Klan. The Northern Methodist +Church is the weakest of the three negro churches; mountaineers and +negroes do not mix well. The church is not favored by the whites, and +there is opposition to the establishment of a negro university at Anniston +by the Freedmen's Aid Society of this church, on the ground that socially, +commercially, and educationally the interests of the white race suffer +where an institution is located by this society. See _Brundidge_ (Ala.) +_News_, Aug. 22, 1903. + +[1853] McTyeire, "A History of Southern Methodism," p. 670; Carroll, +"Religious Forces," p. 263; Alexander, "Methodist Episcopal Church South," +pp. 91-133. + +[1854] Carroll, "Religious Forces," p. 263; Bishop Halsey in the _N. Y. +Independent_, March 5, 1891; Statistics of Churches, p. 604. + +[1855] W. T. Harris, Richmond Meeting, Southern Educational Association +(1900), p. 100. + +[1856] See Washington, "Up from Slavery." One church with two hundred +members had eighteen preachers. Exhorters or "zorters" and "pot liquor" +preachers were still more numerous. + +[1857] "Race Problems," pp. 114, 120, 123, 126, 130, 131, 135; Haygood, +"Our Brother in Black," _passim_; Statistics of Churches, p. 171. + +[1858] _The Nation_, July 12, 1866, condensed. + +[1859] Caldwell, "Reconstruction of Church and State in Georgia" +(pamphlet). The circulars of advice to the blacks by the Freedmen's Bureau +officials repeatedly mention the advisability of the separation of the +races in religious matters. But this was less the case in Alabama than in +other southern states. + +[1860] See Testimony of Minnis in Ku Klux Rept., Ala. Test.; Brown, "Lower +South," Ch. IV. + +[1861] See above, Ch. VIII, Sec. 2. + +[1862] Saunders, "Early Settlers"; Miller, "Alabama"; Ku Klux Rept., Ala. +Test., p. 394 (General Pettus); Somers, "Southern States," p. 153. + +[1863] Ku Klux Rept., pp. 80-81; Ku Klux Rept., Ala. Test., p. 170 +(Governor Lindsay). + +[1864] Ala. Test., pp. 433, 459 (P. M. Dox, M. C.); p. 1749 (W. S. Mudd); +p. 476 (William H. Forney); Beard, "Ku Klux Sketches." + +[1865] Somers, p. 153; _Birmingham Age-Herald_, May 19, 1901 (J. W. +DuBose); Ala. Test., p. 487 (Gen. William H. Forney). + +[1866] Ala. Test., p. 230 (General Clanton); pp. 1751, 1758, 1765 (W. S. +Mudd). + +[1867] Planters who before the war were able to raise their own bacon at a +cost of 5 cents a pound now had to kill all the hogs to keep the negroes +from stealing them, and then pay 20 to 28 cents a pound for bacon. The +farmer dared not turn out his stock. Ala. Test., pp. 230, 247 (Clanton). + +[1868] _N. Y. World_, April 11, 1868 (_Montgomery Advertiser_). There was +a plot to burn Selma and Tuscumbia; Talladega was almost destroyed; the +court-house of Greene County was burned and that of Hale set on fire. In +Perry County a young man had a difficulty with a carpet-bag official and +slapped his face. That night the carpet-bagger's agents burned the young +man's barn and stables with horses in them. It was generally believed that +the penalty for a dispute with a carpet-bagger was the burning of a barn, +gin, or stable. See also Brown, "Lower South," Ch. IV. + +[1869] Ala. Test., p. 487 (Gen. William H. Forney). + +[1870] Ku Klux Rept., Ala. Test., pp. 377, 381, 382, 400, statement of +General Pettus, the present junior Senator from Alabama. Pope and Grant +continually reminded the old soldiers that their paroles were still in +force. Also Beard, "Ku Klux Sketches"; testimony of John D. Minnis, a +carpet-bag official, in Ku Klux Rept., Ala. Test., pp. 527-571. + +[1871] Ala. Test., p. 224. + +[1872] Ala. Test., p. 873 (William M. Lowe). + +[1873] See Ch. XXIII. + +[1874] For general accounts: Lester and Wilson, "Ku Klux Klan"; Beard, "Ku +Klux Sketches"; Brown, "The Lower South in American History," Ch. IV; +Nordhoff, "Cotton States in 1875"; Somers, "The Southern States." For +documents, see Fleming, "Docs. relating to Reconstruction." For +innumerable details, see the Ku Klux testimony and the testimony taken by +the Coburn investigating committee. + +[1875] _Independent Monitor_ (Tuscaloosa), April 14, 1868. + +[1876] The negroes called them "paterollers." + +[1877] Ala. Test., p. 490 (William H. Forney). + +[1878] Ala. Test., p. 873 (William. M. Lowe); p. 443 (P. M. Dox); oral +accounts. It must be remembered that, so far as numbers of whites are +considered, the Black Belt has always been as a thinly populated frontier +region, where every white must care for himself. + +[1879] Rev. W. E. Lloyd and Mr. R. W. Burton, both of Auburn, Ala., and +numerous negroes have given me accounts of the policy of the black +districts soon after the war. + +[1880] Ala. Test., p. 1487 (J. J. Garrett). + +[1881] _Birmingham Age-Herald_, May 19, 1901 (J. W. DuBose). + +[1882] Ala. Test., p. 592 (L. W. Day). + +[1883] Saunders, "Early Settlers"; oral accounts. + +[1884] Ala. Test., p. 445 (P. M. Dox); Miller, "Alabama." The negroes +still point out and avoid the trees on which these outlaws were hanged. + +[1885] J. W. DuBose and accounts of other members. + +[1886] Report of the Joint Committee on Reconstruction, 1866, Pt. III, p. +140 (Swayne). + +[1887] Ala. Test., pp. 1125, 1126 (Daniel Taylor); pp. 1136, 1142 (Col. +John J. Holley). + +[1888] Ala. Test., p. 877 (Wm. M. Lowe); p. 664 (Daniel Coleman). + +[1889] "The so-called Ku Klux organizations were formed in this state +(Alabama) very soon after the return of our soldiers to their homes, +following the surrender. To the best of my recollection, it was during the +winter of 1866 that I first heard of the Klan in Alabama."--Ryland +Randolph. The quotations from Randolph are taken from his letters, unless +his paper, the _Independent Monitor_, is referred to. + +[1890] "This fellow Jones up at Pulaski got up a piece of Greek and +originated it, and then General Forrest took hold of it."--Nicholas Davis, +in Ala. Test., p. 783. + +[1891] Lester and Wilson, "Ku Klux Klan," p. 17; Ala. Test., pp. 660, 661, +1282; accounts of members. + +[1892] Ala. Test., p. 660. + +[1893] "It [the Klan] originated with the returned soldiers for the +purpose of punishing those negroes who had become notoriously and +offensively insolent to white people, and, in some cases, to chastise +those white-skinned men who, at that particular time, showed a disposition +to affiliate socially with negroes. The impression sought to be made was +that these white-robed night prowlers were the ghosts of the Confederate +dead, who had arisen from their graves in order to wreak vengeance upon an +undesirable class of white and black men."--Randolph. + +[1894] Lester and Wilson, Ch. I; Ala. Test., p. 1283 (Blackford); Somers, +p. 152; oral accounts. + +[1895] General Forrest was the first and only Grand Wizard. + +[1896] There could not be more than two Dominions in a single +congressional district. + +[1897] There might be two Grand Giants in a province. + +[1898] The office of Grand Ensign was abolished by the Revised and Amended +Prescript, adopted in 1868. The banner was in the shape of an isosceles +triangle, five feet by three, of yellow cloth with a three-inch red +border. Painted on it in black was a _Draco volans_, or Flying Dragon, and +this motto, "Quod semper, quod umbique, quod ab omnibus." This, in a note +to the Prescript, was translated, "What always, what everywhere, what by +all is held to be true." + +[1899] Sources of revenue: (1) sale of the Prescript to Dens for $10 a +copy, of which the treasuries of Province, Dominion, and Realm each +received $2 and the treasury of the Empire $4; (2) a tax levied by each +division on the next lower one, amounting to 10% of the revenue of the +subordinate division; (3) a special tax, unlimited, might be levied in a +similar manner, when absolutely necessary; (4) the Dens raised money by +initiation fees ($1 each), fines, and a poll tax levied when the Grand +Cyclops saw fit. + +[1900] The Revised Prescript made all officers appointive except the Grand +Wizard, who was elected by the Grand Dragons,--a long step toward +centralization. + +[1901] It was by virtue of this authority that the order was disbanded in +1869. + +[1902] The judiciary was abolished by the Revised Prescript. + +[1903] "We had a regular system of by-laws, one or two of which only do I +distinctly remember. One was, that should any member reveal the names or +acts of the Klan, he should suffer the full penalty of the identical +treatment inflicted upon our white and black enemies. Another was that in +case any member of the Klan should become involved in a personal +difficulty with a Radical (white or black), in the presence of any other +member or members, he or they were bound to take the part of the member, +even to the death, if necessary."--Randolph. + +[1904] "Terrible, horrible, furious, doleful, bloody, appalling, +frightful, gloomy," etc. The Register was changed in the Revised +Prescript. It was simply a cipher code. + +[1905] The Revised Prescript says "the constitutional laws." Lester and +Wilson, p. 54. + +[1906] Compare with the declaration of similar illegal societies,--the +"Confréries" of France in the Middle Ages,--which sprang into existence +under similar conditions seven hundred years before, "pour defendre les +innocents et réprimer les violences iniques." See Lavisse et Rambaud, +"Histoire Générale," Vol. II, p. 466. + +[1907] See also Lester and Wilson, pp. 55, 56. + +[1908] I have before me the original Prescript, a small brown pamphlet +about three inches by five, of sixteen pages. The title-page has a +quotation from "Hamlet" and one from Burns. At the top and bottom of each +page are single-line Latin quotations: "Damnant quod non intelligunt"; +"Amici humani generis"; "Magna est Veritas, et prevalebit"; "Hic manent +vestigia morientis libertatis"; "Cessante causa, cessat effectus"; +"Dormitur aliquando jus, moritur nunquam"; "Deo adjuvante, non timendum"; +"Nemo nos impune lacessit," etc. This Prescript belonged to the Grand +Giant of the Province of Tuscaloosa County, the late Ryland Randolph, +formerly editor of the _Independent Monitor_, and was given to me by him. +It is the only copy known to be in existence. He called it the "Ku Klux +Guide Book," and states that it was sent to him from headquarters at +Memphis. An imperfect copy of the original Prescript was captured in 1868, +and printed in Ho. Mis. Doc., No. 53, pp. 315-321, 41st Cong., 2d Sess., +and again in the Ku Klux Rept., Vol. XIII, pp. 35-41. + +There is a copy of the Revised and Amended Prescript in Columbia +University Library, the only copy known to be in existence. No committee +of Congress ever discovered this Prescript, and when the Klan disbanded, +in March, 1869, it was strictly ordered that all papers be destroyed. A +few Prescripts escaped destruction, and years afterward one of these was +given to the Southern Society of New York by a Nashville lady. The +Southern Society gave it to Columbia University Library. It was printed in +the office of the _Pulaski Citizen_ in 1868. The Revised and Amended +Prescript is reproduced in facsimile as No. 2 of the W. Va. Univ. "Docs, +relating to Reconstruction." Lester and Wilson use it incorrectly (p. 54) +as the one adopted in Nashville in 1867. At this time General Forrest is +said to have assumed the leadership. See Wyeth, "Life of Forrest," p. 619; +Mathes, "General Forrest," pp. 371-373; Ku Klux Rept., Vol. XIII, +Forrest's testimony. + +[1909] Somers, p. 153. + +[1910] "Breckenridge Democrats, Douglas Democrats, Watts State Rights +Whigs, Langdon Consolidation Know-Nothings," united in Ku Klux. +_Birmingham Age-Herald_, May 19, 1901; Ala. Test., p. 323 (Busteed) _et +passim_. + +[1911] But some survivors are now inclined to remember all opposition to +the Radical programme as Ku Klux, that is, to have been a Democrat then +was to have been a member of Ku Klux. + +[1912] General Terry, in Report of Sec. of War, 1869-1870, Vol. II, p. 88. + +[1913] "The Ku Klux organizations flourished chiefly in middle and +southern Alabama; notably in Montgomery, Greene, Tuscaloosa, and Pickens +counties."--Randolph. + +[1914] Ku Klux Rept., p. 21; Ala. Test., pp. 67, 68 (B. W. Norris); pp. +364, 395 (Swayne); p. 443 (P. M. Dox); p. 385 (General Pettus); p. 462 +(William H. Forney); p. 77 (Parsons); pp. 1282, 1283 (Blackford); p. 547 +(Minnis); p. 660 (Daniel Coleman); p. 323 (Busteed). + +[1915] Ala. Test., p. 785 (Nicholas Davis); pp. 79, 80 (Governor Parsons). + +[1916] Ala. Test., p. 1282. + +[1917] "Had these organizations confined their operations to their +legitimate objects, then their performances would have effected only good. +Unfortunately the Klan began to degenerate into a vile means of wreaking +revenge for personal dislikes or personal animosities, and in this way +many outrages were perpetrated, ultimately resulting in casting so much +odium on the whole concern that about the year 1870 there was an almost +universal collapse, all the good and brave men abandoning it in disgust. +Many outrages were committed in the name of Ku Klux that really were done +by irresponsible parties who never belonged to the Klan."--Randolph. + +[1918] It was evidently organized May 23, 1867, since the constitution +directed that all orders and correspondence should be dated with "the year +of the B.--computing from the 23d of May, 1867.... Thursday the 20th of +July, 1868, shall be the 20th day of the 7th month of the 2d year of the +B. of the ----." Constitution, Title VIII, Article 77. + +[1919] Ala. Test., pp. 1282-1283 (Blackford); p. 9 (William Miller); +accounts of former members. P. J. Glover testified in the Coburn-Buckner +Report, pp. 882-883 (1875), that in 1867-1868 he was a member of the order +of the White Camelia in Marengo County, and that it coöperated with a +similar order in Sumter County. The Ku Klux testimony relating to Alabama +(p. 1338) shows that in 1871 Glover had denied any knowledge of such +secret orders. + +[1920] W. Va. Univ. Docs., No. 1; Brown, "Lower South," Ch. IV. + +[1921] The officers of the Supreme Council were: (1) Supreme Commander, +(2) Supreme Lieutenant Commander, (3) Supreme Sentinel, (4) Supreme +Corresponding Secretary, (5) Supreme Treasurer. + +[1922] The officers were Grand Commander, Grand Lieutenant Commander, etc. + +[1923] The officers of a Central Council were Eminent Commander, etc.; of +a Subordinate Council, Commander, etc. + +[1924] Dr. G. P. L. Reid, Marion, Alabama, formerly an official in the +order. Mr. William Garrott Brown gives the statement of one of the leaders +of the order: "The authority of the commander [this office I held] was +_absolute_. All were sworn to obey his orders. There was an inner circle +in each circle, to which was committed any particular work; its movements +were not known to other members of the order. This was necessary because, +in our neighborhood, almost every southern man was a member." "Lower +South," p. 212. + +[1925] It is said that the Ku Klux Klan had a number of negro members. + +[1926] In making the presentation the following dialogue took place: _Q._ +Who comes there? _Ans._ A son of your race. _Q._ What does he wish? _Ans._ +Peace and order; the observance of the laws of God; the maintenance of the +laws and Constitution as established by the Patriots of 1776. _Q._ To +obtain this, what must be done? _Ans._ The cause of our race must triumph. +_Q._ And to secure its triumph, what must we do? _Ans._ We must be united +as are the flowers that grow on the same stem, and, under all +circumstances, band ourselves together as brethren. _Q._ Will he join us? +_Ans._ He is prepared to answer for himself, and under oath. + +[1927] The oath: "I do solemnly swear, in the presence of these witnesses, +never to reveal, without authority, the existence of this Order, its +objects, its acts, and signs of recognition; never to reveal or publish, +in any manner whatsoever, what I shall see or hear in this Council; never +to divulge the names of the members of the Order, or their acts done in +connection therewith; I swear to maintain and defend the social and +political superiority of the White Race on this continent; always and in +all places to observe a marked distinction between the White and African +races; to vote for none but white men for any office of honor, profit, or +trust; to devote my intelligence, energy, and influence to instil these +principles in the minds and hearts of others; and to protect and defend +persons of the White Race, in their lives, rights, and property, against +the encroachments and aggressions of persons of any inferior race. I +swear, moreover, to unite myself in heart, soul, and body with those who +compose this Order; to aid, protect, and defend them in all places; to +obey the orders of those who, by our statutes, will have the right of +giving those orders; to respond at the peril of my life, to a call, sign, +or cry coming from a fellow-member whose rights are violated; and to do +everything in my power to assist him through life. And to the faithful +performance of this Oath I pledge my life and sacred honor." + +[1928] The motto is printed in large capitals in the original text. + +[1929] Large capitals in the original text. + +[1930] The Constitution and the Ritual of the Knights of the White Camelia +are reprinted in W. Va. Univ. Docs., No. 1. They were preserved by Dr. G. +P. L. Reid of Perry County, Alabama, who buried his papers when the order +was disbanded, and years afterward dug them up. The secrets of the Knights +of the White Camelia were more closely kept than those of the Ku Klux +Klan, and the Federal officials were unable to find out anything about the +order. + +[1931] Constitutional Union Guards, Sons of '76, The '76 Association, Pale +Faces, White Boys, White Brotherhood, Regulators, White League, White +Rose, etc. Sumarez de Haviland, in an article on "Ku Klux Klan" in the +_Gentleman's Magazine_, Vol. XL, 1888 (evidently based on Lester and +Wilson), gives the names of a number of secret societies, which he says +were connected in some way; the first group was absorbed into Ku Klux +Klan; the second consisted of opposing societies; they existed before, +during, and after the Civil War. 1. The Lost Clan of Cocletz, Knights of +the Golden Circle, Knights of the White Camelia, Centaurs of Caucasian +Civilization, Angels of Avenging Justice, etc. 2. The Underground +Railroad, The Red String Band, The Union League, The Black Avengers of +Justice, etc. + +"The generic name of Ku Klux was applied to all secret organizations in +the South composed of white natives and having for their object the +execution of the 'first law of nature.' There were many organizations +(principally of local origin) which had no connection one with another; +others, again, were more extended in their influence and operations. The +one numerically the largest and which embraced the most territory was the +White Camelia."--Dr. G. P. L. Reid. + +[1932] "Their robes used in these nocturnal campaigns consisted simply of +sheets wrapped around their bodies and belted around the waist. The lower +portion reached to the heels, whilst the upper had eyeholes through which +to see, and mouth holes through which to breathe. Of course, every man so +caparisoned had one or more pistols in holsters buckled to his +waist."--Randolph. + +[1933] Ala. Test., pp. 149-152, 275, 452, 453, 535, 574, 579, 597, 668, +707, 919, 1048, 1553; Somers, "Southern States," p. 152; Report of Joint +Committee, Alabama Legislature, 1868; oral accounts. The Ku Klux costumes +represented in Wilson's "History of the American People," Vol. V, Ch. I, +were captured after a Ku Klux parade in Huntsville, Ala. When costumes +were to be made, the materials were sometimes sent secretly to the women, +who made them according to directions and returned them secretly. + +[1934] Ala. Test., pp. 352, 452, 453, 490, 533, 534; Beard, "Ku Klux +Sketches"; Brown, "Lower South," Ch. IV; Lester and Wilson, Ch. III; Weir, +"Old Times in Georgia," p. 32; accounts of former members. + +[1935] "Concerning any elaborate organization, I am unable to state from +any personal experience. There were certain heads of departments or +organizations, under heads or chiefs bearing titles intended to strike awe +into the minds of the ignorant. In some instances organizers were sent to +towns to establish the Klans. These latter were formed into companies +officered somewhat in military style. In (1868) I was honored by being +chosen leader of the Tuscaloosa Klan, and even at this late day I am +gratified to be able to say that my company did good service to +Tuscaloosa."--Randolph. + +[1936] "We had regular meetings about once a week, at which the conduct of +certain offensive characters would be discussed, and if the majority voted +to punish such, it would be done accordingly on certain prescribed nights. +Sometimes it was deemed necessary only to post notices of warning, which, +in some cases, were sufficient to alarm the victims and to induce them to +reform in their behavior. To the best of my recollection, our company +consisted of about sixty members. As soon as our object was effected, +viz., got the negroes to behave themselves, we disbanded. I well remember +those notices in _The Monitor_, for they were concocted and posted by my +own hand--disguised of course."--Randolph. + +[1937] Printed in Report of Joint Committee, Alabama Legislature, 1868. +The warning is not in the ordinary Ku Klux form. The purpose is clear, +however. The illiteracy is probably assumed, though not necessarily. + +[1938] + + HEADQUARTERS S. V. W., + ANCIENT COMMANDERY, + Mother Earth. + 1st Quarter New Moon. + 1st year of Revenge. + +_Special Order_: + +The worldly medium for the expression of +SOUTHERN OPINION+ is notified to +publish for the eyes of humanity the orders of the offended Ghosts. +Failing to do so, let him prepare his soul for travelling beyond the +limits of his corporosity. + + Cyclops warns it--print it well, + Or glide instanter down to h--l! + + By order of the Great + BLUFUSTIN + The Mighty Chief. +HOBGOBLIN.+ + + True Copy, +PETERLOO.+ + S. K. K. K. + +--_Independent Monitor_, April 1, 1868. + +[1939] "They [Ku Klux orders] had this meaning: the very night of the day +on which said notices made their appearance, three notably offensive negro +men were dragged out of their beds, escorted to the old boneyard (3/4 mile +from Tuscaloosa) and thrashed in the regular ante-bellum style, until +their unnatural nigger pride had a tumble, and humbleness to the white man +reigned supreme."--Randolph. + +[1940] Report of Meade, 1868. + +[1941] Report of Joint Committee, 1868; Ala. Test., p. 876 (William M. +Lowe). + +[1942] In 1869-1870 there was an epidemic of resignations in the Black +Belt. It was in the rich Black Belt that the carpet-bagger flourished. The +departing Radical could always sell his property at a high price, the +whites often uniting to purchase it. In Perry, Pickens, Choctaw, Marengo, +Hale, and other Black Belt counties the carpet-baggers resigned and left. +Ala. Test., pp. 103, 104. + +[1943] The case of W. B. Jones of Marengo County was well known. See Ala. +Test., p. 1455 _et passim_. + +[1944] Ala. Test., p. 935 (a Bureau agent). It is more likely that this +was when the Klan was dying out and the class of men composing it had no +time to go on night rides while the crops were needing their attention. +During the leisure seasons time would hang heavy on their hands, and they +would begin their deviltry again. + +[1945] I have learned of only two such cases; one was in Tuscaloosa +County. The woman was a Bureau school-teacher from the North. _Independent +Monitor_, May 24, 1871. The other was the case of America Trammell in east +Alabama. Ala. Test., p. 1119. + +[1946] Ala. Test., pp. 166, 433, 459, 462, 476, 1125, 1126, 1749. + +[1947] Ala. Test., pp. 476, 1125, 1126. + +[1948] Ala. Test., pp. 922, 923, _et passim_. I have been told that in one +place 2000 muskets were collected, taken from negroes. + +[1949] Ala. Test., p. 1179. The legal militia consisted of Major-General +Dustan only. + +[1950] Not nearly so many as is usually supposed. Lakin, who never +underestimated anything, could think of only six in all north Alabama. + +[1951] Ala. Test., 1138; Coburn-Buckner Report. + +[1952] Several southern churches seized by Lakin for the northern church +were burned. + +[1953] Report of Joint Committee, 1868; Ala. Test., p. 1138. + +[1954] Ala. Test., pp. 126, 127, 230, 418. See above, p. 612. + +[1955] Ala. Test., p. 1983. + +[1956] "Of the acts of this Order much has been written which is untrue; +every disturbance between the races was laid at its door; every act of +violence, in which the negro or the northern man was the victim, it was +charged with. I do not deny that extreme measures were sometimes resorted +to, but of such I have no personal knowledge.... Four hours would have +been in [Perry County] ample time to secure the assembly, at any central +point, of a thousand resolute men who would have done the bidding of their +commander whatever it might have been, yet in this time [three years] no +single act of violence was committed on the person or property of a negro +or alien by its order or which received its sanction or indorsement."--Dr. +G. P. L. Reid. + +[1957] However, in 1871 Governor Lindsay stated that there were in the +state fewer feuds, crimes, difficulties, etc., than since 1819, when the +state was admitted. This was especially the case, he said, in northern +Alabama, for this reason: the people of the mountain and hill county were +now prosperous; cotton was selling for $100 to $150 a bale; these white +mountaineers by their own labor were doing well. Such was not the case +with the planter who had to hire negro labor and pay high prices for +provisions, farming implements, and mules. Meat that cost the planter 22 +cents a pound was raised by the mountain people. Outrages against negroes +were now very rare. Ala. Test., pp. 206-207. It is certain that the +prosperity of the white counties which in 1870 got rid of the alien local +officials had much to do with allaying disorder. + +[1958] The estimate is Lakin's. + +[1959] Report Joint Committee of 1868; Ala. Test., p. 115 _et passim_. The +_N. Y. Tribune_, Nov. 14, 1868, states that Gustavus Horton, the first +Radical mayor of Mobile, was killed in this riot. After the riot was over +the United States troops appeared too late, as they usually were in such +cases. + +[1960] Ala. Test., pp. 77, 429 _et passim_; _Montgomery Mail_, July 16, +1870. The mountain people had another grudge against Luke. He associated +constantly with negroes and was said to be a miscegenationist. The +mountain farmers had the greatest horror of such. + +[1961] Ala. Test., pp. 257, 266, 275, _et passim_. Boyd had many private +enemies, among them relatives of a man he had killed, and it was charged +that they killed him. He was a man of low character, and his own party was +not sorry to lose him. + +[1962] It was a marked fact that no resistance to the United States +soldiers was ever attempted. When the soldiers appeared, all violence +ceased. The soldiers were as a rule in favor of the whites and sometimes +took a hand in the Ku Kluxing. They usually appeared after the row was +over. + +[1963] Ala. Test., pp. 81, 221, _et passim_; _Eutaw Whig_, Oct. 27, 1870. + +[1964] Ala. Test., p. 229 _et passim_. When he testified before the Ku +Klux Committee, Alston swore that it was the men whom he had asked to +protect him that had shot him,--such men as General Cullen A. Battle. + +[1965] Ala. Test., p. 723. + +[1966] "The company of K. K. K.'s which was organized in Tuscaloosa, was +an independent organization, _i.e._ it was altogether a local affair, +having no connection with any general Klan."--Randolph. + +[1967] Miss. Test., pp. 60, 223, 249; Ala. Test., pp. 213, 1822-1824; +Garner, "Reconstruction in Mississippi," pp. 345, 346. + +[1968] Ala. Test., p. 942; Lester and Wilson, p. 78. + +[1969] The anti-negro bands of the hills and mountains were rather of the +spurious Ku Klux and were largely composed of tories and Radicals. + +[1970] Ala. Test., p. 1763. + +[1971] Constitution, Article 76; Brown, "Ku Klux Movement," _Atlantic +Monthly_, May, 1901. + +[1972] Ala. Test., pp. 226-257. + +[1973] Ala. Test., pp. 159-225. + +[1974] With the White Camelia in south Alabama the case was somewhat +different. + +[1975] See Testimony of Lindsay and Clanton, cited above; also Ala. Test., +p. 376 (Pettus); p. 896 (Lowe). + +[1976] Somers, "Southern States," pp. 4, 15, 21; Lester and Wilson, Chs. +III, IV, V; Sanders, "Early Settlers," p. 31. "The peaceful citizen knew +that a faithful patrol had guarded his premises while he slept."--Mrs. +Stubbs. Brown, "Lower South," Ch. IV; Ala. Test., pp. 432, 1520, 1532, +1803. + +[1977] Throughout the pages of the Ku Klux Testimony are found assertions +that Ku Klux was not an organization, but merely the understanding of the +southern people, the spirit of the community, the concert of feeling of +the whites, a state of mind in the population. + +[1978] Ala. Test., pp. 165, 380, 649, 724; Somers, "Southern States," p. +154. Governor Lindsay said that the so-called Ku Klux who went over to +Mississippi were roughs and that the people were glad when they heard that +one of them had been shot. In 1870-1871, while living in Alabama, General +Forrest, the reputed Grand Wizard, repeatedly condemned in the strongest +terms the conduct of the so-called Ku Klux. Ala. Test., pp. 212, 213. + +[1979] Ala. Test., pp. 162, 376. + +[1980] Ala. Test., p. 719. + +[1981] Ala. Test., pp. 610, 778. + +[1982] Ala. Test., pp. 559, 560, 1229. + +[1983] Ala. Test., p. 679. Governor Smith, a Radical, said in regard to +the motives of Senator George E. Spencer, I. D. Sibley, and J. J. Hinds, +carpet-baggers: "My candid opinion is that Sibley does not want the law +executed, because that would put down crime and crime is his life's bread. +He would like very much to have a Ku Klux outrage every week to assist him +in keeping up strife between the whites and blacks, that he might be more +certain of the votes of the latter. He would like to have a few colored +men killed every week to furnish semblance of truth to Spencer's libels +upon the people of the state generally. It is but proper in this +connection that I should speak in strong terms of condemnation of the +conduct of two white men in Tuskegee a few days ago, in advising the +colored men to resist the authority of the sheriff; these men were not Ku +Klux, but Republicans." Letter in _Huntsville Advocate_, June 25, 1870. +See also Herbert, "Solid South," p. 55. + +[1984] See Ala. Test., p. 433. + +[1985] Ala. Test., p. 230. In some communities a negro is still told that +he must not let the sun go down on him before leaving. + +[1986] Ala. Test., pp. 944, 947, 948. + +[1987] Ala. Test., pp. 1757, 1758, 1764, 1765, 1768. Judge Mudd was by no +means a representative of the old slaveholding element, but rather of the +white county people. + +[1988] Ala. Test., p. 492. + +[1989] Ala. Test., pp. 1127, 1128, 1139. + +[1990] Ala. Test., pp. 1175, 1179. + +[1991] G. O. No. 11, Sub-Dist. Ala., April 4, 1868; _Selma Times and +Messenger_, April 9, 1868; _N. Y. Herald_, April 7, 1868. + +[1992] Report of the Secretary of War, 1869, p. 83 _et seq._; Report of +Meade, 1868. + +[1993] Joint Resolution, Sept. 22, 1868, in Acts of Ala., p. 292. The +delegation to Washington did not provide themselves with an authenticated +copy of the resolution and had to wait for it. Governor Smith, who was +with the delegation, spoiled everything by declaring that there was no +disorder except along the Tennessee River and in southwestern Alabama and +that troops were not needed. No officials had been resisted, he said, and +it would be imprudent to send troops. _N. Y. Herald_, Sept. 27, 1868. The +citizens of Montgomery held a mass-meeting and denied _in toto_ the +allegations of the memorial, denouncing it as a move of partisan politics. +The strangers were sure to fall from power unless upheld by outside force. +_N. Y. Herald_, Sept. 25, 1868. + +[1994] Act of Dec. 24, 1868; Acts of Ala., p. 439. + +[1995] Joint Resolutions, Nov. 14 and Dec. 8, 1868; Acts of Ala., pp. 593, +594. + +[1996] J. DeF. Richards and G. R. McAfee of the Senate, and E. F. +Jennings, W. R. Chisholm, and G. W. Malone of the House. + +[1997] Report of Joint Committee on Outrages, 1868. + +[1998] Act Dec. 26, 1868; Acts of Ala., 444-446. A supplementary act had +to be passed allowing the probate judges to license _for one dollar_ the +wearing of masks or disguises at balls, theatres, and circuses and other +places of amusement, public and private. Application had to be made at +least three days beforehand by "three responsible persons of established +character and reputation." Act Dec. 31, 1868; Acts of Ala., p. 521. + +[1999] Act of Dec. 28, 1868; Acts of Ala., pp. 452-454. + +[2000] See Dunning, "Essays," pp. 243-246. + +[2001] Messages and Papers, Vol. VII, pp. 55, 56, March 30, 1871. + +[2002] _The Nation_, Feb. 4, 1875, in regard to the "Force" legislation: +"It would not have been possible for the most ingenious enemy of the +blacks to draw up a code better calculated to keep up and fan the spirit +of strife and contention between the races." James L. Pugh, later United +States Senator from Alabama: The people were tired of being reconstructed +by President and by Congress. Now the Enforcement Laws punish all for the +crime of a few. They are an insult to a whole people, assuming them +incorrigible. Alabama Testimony, pp. 407, 408, 411. + +[2003] See Burgess, "Reconstruction," pp. 69-73. + +[2004] Text of act in McPherson, pp. 549-550. This act was ostensibly to +provide for the enforcement of the Fourteenth and Fifteenth amendments. +Its constitutionality has been criticised on these grounds: (1) the +amendments were directed against _states_, not _persons_; (2) the law +enacted penalties not only against state officers, but also against any +_person_ who might offend against the election laws of the state or +against this act; (3) it is entirely out of the question to claim that the +amendments protect the right of a person within a state against +infringement by other persons, or even against the state itself unless on +account of race, color, or previous condition. See Burgess, pp. 253-255. + +[2005] Text of act in McPherson, "Handbook of Politics," 1872, pp. 3-8. +While only the congressional elections and all the registrations were to +be guarded, the chief purpose of the act was to control state elections, +which were held at the same time and place. See Burgess, "Reconstruction," +pp. 256-257. This was so clearly the purpose that after the rescue of the +state government from carpet-bag rule the time of the state and local +elections was changed from November to August in order to escape Federal +espionage. + +[2006] "Upon the basis of information which turned out to be very +insufficient and unreliable."--Burgess, p. 257. + +[2007] Messages and Papers, Vol. VII, pp. 127-128. + +[2008] Burgess, pp. 257, 258. + +[2009] Text in McPherson, "Handbook," 1872, pp. 85-87. For criticism, +Burgess, pp. 257, 259. + +[2010] Messages and Papers, Vol. VII, pp. 134, 135. + +[2011] Report of the Committee, pp. 1, 2. + +[2012] Some of the Conservatives who testified were Gen. Cullen A. Battle, +R. H. Abercrombie, Gen. James H. Clanton, P. M. Dox, Gov. Robert B. +Lindsay, Reuben Chapman, Thomas Cobbs, Daniel Coleman, Jefferson M. +Falkner, William H. Forney, William M. Lowe, William Richardson, Francis +S. Lyon, William S. Mudd, Gen. Edmund W. Pettus, Turner Reavis, James L. +Pugh, P. T. Sayre, R. W. Walker,--all prominent men of high character. + +[2013] Some of those who gave, willingly or unwillingly, Democratic +testimony: W. T. Blackford (c.), Judge Busteed (c.), General Crawford, +Nicholas Davis (s.), L. W. Day (c.), Samuel A. Hale (c.), J. H. Speed +(s.), Senator Willard Warner (c.), N. L. Whitfield (s.). (c.) = +carpet-bagger; (s.) = scalawag. + +[2014] Charles Hays (s.), W. B. Jones (s.), S. F. Rice (s.), John A. +Minnis (c.), A. S. Lakin (c.), B. W. Norris (c.), L. E. Parsons (s.), E. +W. Peck (s.), and L. R. Smith (c.). + +[2015] Day, Busteed, Van Valkenburg, General Crawford, etc. + +[2016] Senate Report, No. 48, 42d Cong., 2d Sess., Pts. 8, 9, and 10, and +House Report, No. 22, 42d Cong., 2d Sess., Pts. 8, 9, and 10, contain the +Alabama Testimony. + +[2017] Feb. 17, 1872; Report of Committee, p. 626. + +[2018] McPherson, "Handbook," 1872, pp. 89, 90. + +[2019] McPherson, "Handbook," 1872, pp. 90, 91. These provisions had to be +inserted in the Sundry Civil Bill, which was approved June 10, 1872. +Kellogg of Louisiana introduced the "rider." + +[2020] For instances of petty annoyances to the people from marshals, +deputy marshals, and supervisors, see Sen. Ex. Doc., No. 119, 47th Cong. +1st Sess., and Ho. Ex. Doc., No. 246, 48th Cong., 2d Sess. These +annoyances lasted for several years. + +[2021] Ku Klux Rept., pp. 320, 330. + +[2022] In his Message, Nov. 15, 1869, Smith stated: "Nowhere have the +courts been interrupted. No resistance has been encountered by the +officers of courts in their effort to discharge the duties imposed upon +them by law." Smith was criticised by the carpet-baggers for not calling +out the negro militia to "enforce the laws." He stood out against them, +and on July 25, 1870, he replied to their criticisms, denouncing George E. +Spencer (United States Senator), J. D. Sibley, J. J. Hinds, and others as +systematically uttering every conceivable falsehood. "During my entire +administration of the state government," he said, "but one officer had +certified to me that he was unable, on account of lawlessness, to execute +his official duties. That officer was the sheriff of Morgan County. I +immediately made application to General Crawford for troops. They were +sent and the said sheriff refused their assistance." "Solid South," p. 55. + +[2023] _Montgomery Mail_, July 3, 1872. The Black Cavalry and its spurious +Ku Klux successors infested those parts of eastern Alabama where, in 1903, +the existence of a system of peonage was discovered. + +[2024] _Tuskegee News_, Sept. 3, 1874; Report of Joint Committee on +Election of George Spencer. During the remainder of Reconstruction under +the Enforcement Acts, the Federal government exercised supervision over +all elections. Election outrages by the Democrats probably decreased, +while outrages by the Radicals tended to increase. The Democrats put in +their work of influence and intimidation in the summer and early fall, and +when the elections came were quiet, trusting to the influence brought to +bear some months previously. After the carpet-bag government collapsed, +the Federal Enforcement Acts still gave supervision of elections to the +Washington government. The Democrats in Congress were unable to secure the +repeal of the force legislation. "We do not expect to repeal any of the +recent enactments [Force Laws]. They may stand forever, but we intend by +superior intelligence, stronger muscle, and greater energy, to make them +dead letter upon the statute books." _Birmingham News_, quoted in the +_State Journal_, June 24, 1874. But in 1880 no appropriation was made for +the pay of the deputy marshals and supervisors. + +In 1875 the supreme court in the case of United States _vs._ Reese +declared the two most important sections of the Enforcement Act of 1870 +unconstitutional. In 1883, in the case of the United States _vs._ Harris, +the Ku Klux Act of April 20, 1871, was declared unconstitutional. In 1888, +when House, Senate, and President were Republican, an attempt was made by +Mr. McKinley (afterward President) to pass a Force Bill to enforce the old +election laws, which were still on the statute book. The measure failed to +pass. It was in opposition to this Force Bill that Colonel Hilary A. +Herbert of Alabama and other southern congressmen wrote the work called +"Why the Solid South? or Reconstruction and its Results." It is said that +this book had some influence in causing a halt in force legislation. It +was the first attempt to write the history of the Reconstruction period, +and is still the best general account. In 1894, when House, Senate, and +President were Democratic, the remnants of the Enforcement Acts were +repealed, and thus was swept away the last of the Radical system. See +Dunning, "The Undoing of Reconstruction," in the _Atlantic Monthly_, Oct., +1901. + +[2025] Coburn-Buckner Report, p. 238. The constitution is not in the +_Journal_, however. + +[2026] Coburn-Buckner Report, pp. 7, 12, 19, 702, 882, 883. + +[2027] Cameron Report, 1876, pp. 53, 108; oral accounts. + +[2028] The accounts of the wild and idle negro children of the rice and +tobacco districts are not true of those in the Cotton Belt. The smallest +tot could do a little in a cotton field. + +[2029] See _Birmingham Age-Herald_, March 31 and April 7, 1901 (J. W. +DuBose); _Review of Reviews_, Sept., 1903, on "The Cotton Crop of To-day," +by R. H. Edmonds; Ingle, "Southern Sidelights," p. 271; Address of +President Thach, Alabama Polytechnic Institute, before the American +Economic Association, 1903; Tillinghast, "Negro in Africa and America," +pp. 126, 143; Mallard, "Plantation Life before Emancipation"; Washington, +"Up from Slavery," and "The Future of the American Negro," _passim_. The +immense cost of slave labor is seen when the value of the slaves is +compared with the value of the lands cultivated by their labor. In 1859 +the cash value of the lands in Alabama was $175,824,622, and that of the +slaves was $215,540,000. The larger portion of this land had not a negro +on it, and if cultivated, was cultivated exclusively by whites. See Census +of 1860. The effect of the loss of slaves on the welfare of a planter is +shown in the case of William L. Yancey. His slaves were accidentally +poisoned and died. The loss ruined him, and he was forced to sell his +plantation and engage in a profession. A farmer in a white county +employing white labor would have been injured only temporarily by such a +loss of labor. + +[2030] The tenant furnished labor, supplies, and teams, and paid the +landlord a fourth of the cotton and a third of the corn produced. + +[2031] There was usually good feeling between the whites and blacks at +work together; but the negroes, at heart, scorned the poor whites, and had +to be closely watched to keep them from insulting or abusing them. The +negro had little respect for the man who owned no slaves or who owned but +few and worked with them in the fields. To protect the slaves against +outsiders was one reason why discipline was strict, supervision close, +passes required, etc. When both white and black were allowed to go at will +over the plantation and community, trouble was sure to result from the +impudent behavior of the negro to "white trash" and the consequent +retaliation of the latter. The whites often came to the master and wanted +him to whip his best slaves for impudence to them. The master, to prevent +this, regulated the liberty of the slave by passes, etc., and the whites, +especially strangers, were expected not to trespass on a plantation where +slaves were. + +[2032] The idea of the so-called "prejudice" against manual labor is +perhaps due largely to abolitionist theories and arguments, which have +been partially accepted since the war by some southerners who think it due +to the old system to show its lofty attitude toward the common things of +life. But the negro had, and still has, a contempt for a white who works +as he does. And it has always been a custom of mankind,--white, yellow, or +black,--to get out of doing manual labor if there was anything else to do. + +[2033] Accounts from old citizens, former planters. + +[2034] The agent of President Johnson. + +[2035] Report to President, April 9, 1866. + +[2036] Colonel Saunders, a noted slaveholder in one of the white counties +in north Alabama, established a patriarchal protectorate over his former +slaves. He built a church for them, and organized a monthly court, +presided over by himself, in which the old negro men tried delinquents. It +is said that the findings of this court were often ludicrous in the +extreme, but order was preserved, and for a long while there was no resort +to the Bureau. Saunders, "Early Settlers," p. 31. Many similar +protectorates were established in the remote districts, but the policy of +the Bureau was to break them up. + +[2037] A term of contempt. + +[2038] See _Sewanee Review_, Jan., 1905, article on "Servant Problem in a +Black Belt Village." + +[2039] _N. Y. Herald_, July 17, 1865; Reid, "After the War," pp. 211, 218, +219; Tillet, in _Century Magazine_, Vol. XI; Reports of General Swayne, +1865, 1866; Van de Graaf, in _Forum_, Vol. XXI, pp. 330, 339; _DeBow's +Review_, Feb., 1866, p. 220; oral accounts. + +[2040] For a description of the Bureau labor regulations, see Chapter XI, +Sec. 1. Also _Montgomery Mail_, May 12, 1865; Howard's Circular, May 30, +1865; Circular No. 11, War Department, July 12, 1865; _Huntsville +Advocate_, July 26, 1865; Swayne's Reports, 1865, 1866; G. O. No. 12, +Dept. Ala., Aug. 30, 1865; G. O. No. 13, Dept. Ala., Sept., 1865; _Selma +Times_, Dec. 4, 1865. The so-called "Black Laws" passed by the legislature +in 1865-1866 to regulate labor were scarcely heard of by the people who +hired negroes. + +[2041] Somers, "Southern States," 130. + +[2042] _Southern Magazine_, Jan., 1874; _Selma Messenger_, Nov. 15, 1865; +_Harper's Monthly Magazine_, Jan., 1874; _Selma Times_, Dec. 4, 1865; oral +accounts; _DeBow's Review_, Feb., 1866. + +[2043] Swayne to A. F. Perry, _N. Y. Herald_, Aug. 28, 1865; _N. Y. +Herald_, July 17, 1865; Reid, "After the War," pp. 211-219; _DeBow's +Review_, 1866, pp. 213, 220; Somers, "Southern States," p. 131. + +[2044] _DeBow's Review_, Feb., 1866. + +[2045] Many of the carpet-bag politicians were northern men who had failed +at cotton planting. + +[2046] Report to the President, April 9, 1866; "Ten Years in a Georgia +Plantation," by the Hon. Mrs. Leigh; oral accounts. On account of the +general failure of the northern men who invested capital in the South in +1865 and 1866, there grew up in the business world an unfavorable feeling +against the South, and for the remainder of Reconstruction days that +section had to struggle against adverse business opinion. _Harper's +Magazine_, Jan., 1874. + +[2047] _Selma Times_, Dec. 4, 1865. Nearly all the newspapers printed +advertisements of the immigration societies. + +[2048] "Northern Alabama Illustrated," p. 378. + +[2049] _Selma Times_, Dec. 4, 1865; _N. Y. Times_, July 2, 1866. + +[2050] The great evil of slavery was its tendency to drive the whites who +were in moderate circumstances away from the more fertile lands of the +prairie and cane-brake and river bottoms, leaving them to the few +slaveholders and the immense number of slaves. Emancipation thus left on +the finest lands of the state a shiftless laboring population, which still +retains possession. Now, as in slavery times, the white prefers not to +work as a field hand in the Black Belt when he can get more independent +work elsewhere. And besides, he does not wish to live among the negroes. +Slavery kept white farmers from settling on the fertile lands; the negro +keeps whites from taking possession now. + +[2051] _Mobile Daily Times_, Oct. 21, 1860; _Montgomery Advertiser_, March +21, 1866; _DeBow's Review_, March 18, 1866. + +Several young women of Montgomery, who were once wealthy, worked in the +printing-office of the _Advertiser_. One of them was a daughter of a +former President of the United States. Many women became teachers, +displacing men, who then went to the fields. Disabled soldiers generally +tried teaching. + +There seems to be a belief that emancipation had a good effect in driving +to work a certain "gentleman of leisure" class, who had been supported by +the work of slaves and who had scorned labor. (See W. B. Tillett, in the +_Century Magazine_, Vol. XI, p. 769.) It is a mistake to regard the +slaveholding, planting class as, in any degree, idle, unless from the +point of view of the negro or the ignorant white, who believed that any +man who did not work with his hands was a gentleman of leisure. The +Alabama planter was and had to be a man of great energy, good judgment, +and diligence. It was a belief that a man who could not manage a +plantation or other business should not be intrusted with an official +position. One of the most serious objections made by the cotton planters +to Jefferson Davis as President was that he had failed to manage his +plantation with success. See also Somers, "Southern States," p. 127. + +[2052] _DeBow's Review_, Feb. and March, 1866; _Montgomery Advertiser_, +March 21, 1866; _N. Y. Herald_, July 17, 1866. It was estimated that in +the fall of 1865 the negro male population of the state was reduced by +50,000 able-bodied men, who were hanging around the cities and towns, +doing nothing. At Mobile there were 10,000; at Meridian, Miss., 5000; at +Montgomery, 10,000; at Selma, 5000; and at various smaller points, 20,000. +_Mobile Times_, Oct. 21, 1865. + +[2053] See also Reid, "After the War," p. 221. + +[2054] Trowbridge, "The South," p. 431 _et seq._ + +[2055] Trowbridge, "The South," p. 431; Reports of General Swayne, Dec. +26, 1865, and Jan., 1866, in Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess. +General Swayne strongly approved the objects of these societies. He said +there was not and never had been any question of the right of the negro to +hold property. Free negroes had held property before the war. + +[2056] _DeBow's Review_, Feb., 1868. + +[2057] Jan. 31, 1866. + +[2058] I have this account from a planter of the district. + +[2059] Somers, an English traveller, thought that the economic relations +of planter and negro were startling, and that anywhere else they would be +considered absurd. The tenant, he said, was sure of a support, and did not +much care if the crop failed. Even his taxes, when he condescended to pay +any, were paid by his master. For all work outside of his crop he had to +be paid, and often he went away and worked for some one else for cash. And +his privileges were innumerable. "The soul is often crushed out of labor +by penury and oppression. Here a soul cannot begin to be infused into it +through the sheer excess of privilege and license with which it is +surrounded." "Southern States since the War," pp. 128, 129. + +[2060] My father's tenants, white and black, rented on all systems. The +negroes usually began as wage laborers or as tenants "on halves," for they +had no supplies when they came. Then the more industrious and thrifty +would save and rent farms for "third and fourth" or for "standing rent." +The whites usually obtained the highest grade, and the average white man +would save enough of his earnings to purchase a team, wagon, buggy, farm +implements, and a year's supply and spend all else, though some saved +enough to buy land of their own in cheaper districts or to support +themselves for a year or two while opening up a homestead in the pine +woods. The negro, as a rule, rented "on halves," for he spent all his +earnings and required supervision. The average negro stays only a year or +two at one place before he longs for change and removes to another farm. +About Christmas, or just before, the negroes and many of the whites begin +to move to new homes. For a description of conditions in Mississippi, +where the negro has somewhat better opportunities than in Alabama, see Mr. +A. H. Stone's article in the _Quarterly Journal of Economics_, Feb., 1905. + +[2061] In the census each person cultivating a crop is counted as a farmer +and the land he cultivates as a farm. Thus a plantation might be +represented in the census statistics by from five to twenty-five farms. + +[2062] See also Otken, "Ills of the South"; Somers, "South since the War," +p. 281; _Harper's Monthly_, Jan., 1874; _DeBow's Review_, Feb., 1868. + +[2063] Any stick is good enough to beat slavery with, so it is usually +stated that slavery was responsible for the wasteful methods of +cultivation that prevailed in the South before the war. That can be true +only indirectly, for the soil always received the worst treatment in the +white counties. Like frontiersmen everywhere, the Alabama white farmers +found it easier to clear new land or to move West than to fertilize +worn-out soils. The lack of transportation facilities in the white +districts made it almost impossible to bring in commercial fertilizers or +to move the crops when made. The railroads had opened up only the rich +slave districts. If there had not been a negro in the state, the frontier +methods would have prevailed, as they still do among the farmers in some +parts of the West. On the other hand, the rich lands worked by slave labor +under intelligent direction were kept in good condition. Under free negro +labor they are in the worst possible condition. Experience, necessity, the +disappearance of free land, and the increase of transportation facilities +have caused the white county farmer to employ better methods, and to keep +up and increase the fertility of the land by using fertilizers. + +[2064] But it was nearly forty years before the entire cotton crop of the +state was as large as in 1859. + +[2065] _Southern Magazine_, Jan., 1874; Ku Klux Rept., Ala. Test., pp. +206, 207; Somers, "Southern States," p. 117. In 1860 it was estimated that +of the whole cotton crop 10 to 12 per cent was produced by white labor; in +1876 the proportion of whites to blacks in the cotton fields was 30 to 51; +in 1883 white labor produced 44 per cent of the cotton crop; in 1884, 48 +per cent; in 1885, 50 per cent; in 1893, 70 per cent. And this was done by +the whites on inferior lands. See W. B. Tillett, in _Century Magazine_, +Vol. XI, p. 771; Hammond, "The Cotton Industry," pp. 129, 130, 132. + +[2066] DeBow estimated that the entire acreage of the cotton crop was as +follows:-- + + 1836. 2,000,000 acres + 1840. 4,500,000 acres + 1850. 5,000,000 acres + 1860. 6,968,000 acres + +The Commissioner of Agriculture in 1876 estimated that the acreage in 1860 +was 13,000,000. Taking this estimate, which, while probably too large, is +more nearly correct, only 4 per cent of the arable land was planted in +cotton--the staple crop. Hammond, "The Cotton Industry," p. 74. + +[2067] Smith, "Cotton Production in Alabama" (1884); Census, 1880; Smith +in Ala. Geolog. Survey, 1881-1882; Kelsey, "The Negro Farmer"; oral +accounts and personal observation. + +[2068] So poor were the people after the war that, even though the value +of the mineral and timber lands was well known, there was no native +capital to develop them, and the lion's share went to outsiders, who +bought the lands at tax and mortgage sales during and after the carpet-bag +régime. + +[2069] Slavery or negroes prevented the establishment of manufactures by +crowding out a white population capable of carrying on manufactures. The +census shows that in 1860 the white districts had a fair proportion of +manufactures for a state less than forty years old. + +[2070] Address of President C. C. Thach, Dec. 29, 1903. + +[2071] "Northern Alabama Illustrated," p. 378; see article on "Immigration +to the Southern States" in the _Political Science Quarterly_, June, 1905. + +[2072] Address of President C. C. Thach, Dec. 29, 1903. + +[2073] The decreasing value of the wage laborer is shown by the following +table of wages: + + =========================================== + YEAR | MEN | WOMEN | YOUTHS, 14-20 + ---------|---------|--------|-------------- + 1860 |$138 | $89 | $66 + 1865-1866| 150-200 | 100-150| 75-100 + 1867 | 117 | 71 | 52 + 1868 | 87 | 50 | 40 + 1890 | 150 | 100 | 60-75 + =========================================== + +The figures of 1860 are based on the wages of an able-bodied negro. The +statistics of 1865-1866 are taken from tables of wages prescribed by the +Freedmen's Bureau; those for 1867 and 1868 show the decline caused by the +inefficiency of the free negro laborer. Yet the demand for labor was +always greater than the supply. In 1860 clothing and rations were also +given; in 1866-1868 rations and no clothing. In 1890 nothing was +furnished. In 1866-1868 the currency was inflated, and the wages for 1868 +were really much lower. Hammond, "The Cotton Industry," p. 124; +_Montgomery Mail_, May 16, 1865; Freedmen's Bureau Reports, 1865-1870. + +[2074] A convention held in Montgomery, in 1873, recommended that the +share system be abolished and a contract wage system be inaugurated; wages +should be secured by a lien on the employer's crop; separate contracts +should be made with each laborer, and the "squad" system abolished. In +this way the laborer would not be responsible for bad crops. To aid the +laborers, Congress was asked to pass the Sumner Civil Rights Bill, +providing for the recognition of certain social rights for negroes, to +exempt homesteads from tax action, and to increase the tax on property +held by speculators. And the President was asked to supply bread and meat +to the negro farmers. Annual Cyclopædia (1873), p. 19; _Tuscaloosa Blade_, +Nov. 30, 1873. + +[2075] See Willet, "Workers of the Nation," Vol. II, pp. 701, 702. + +[2076] Willet, Vol. II, p. 714. + +[2077] Washington, in _Atlantic Monthly_, Vol. LXXVIII, pp. 324-326. + +[2078] Somers, p. 166. + +[2079] _Southern Magazine_, Jan., 1874. + +[2080] Somers, p. 117. + +[2081] Somers, p. 159. + +[2082] _Southern Magazine_, March, 1874. + +[2083] "Southern States," p. 131. + +[2084] The prosperity of several large commercial houses in Alabama is +said to date from the corner groceries of the '70's. + +[2085] Somers, "Southern States," pp. 159, 272; _Harper's Monthly +Magazine_, Jan., 1874; King, "The Great South"; C. C. Smith, "Colonization +of Negroes in Central Alabama"; _Southern Magazine_, Jan., 1874; _The +Forum_, Vol. XXI, p. 341; Hoffman, p. 261; Hammond, p. 191. See also +Appendix II. + +[2086] A northern traveller in the Alabama Black Belt in recent years says +of it: "The white population is rapidly on the decrease and the negro +population on the increase.... There are hundreds of the 'old mansion +houses' going to decay, the glass broken in the windows, the doors off the +hinges, the siding long unused to paint, the columns of the verandas +rotting away, and the bramble thickets encroaching to the very doors. The +people have sold their land for what little they could get and moved to +the cities and towns, that they may educate their children and escape the +intolerable conditions surrounding them at their old beloved homes.... +These friends have largely gone from the negro's life, and he is left +alone in the wilderness, held down by crop liens and mortgages given to +the alien. Land rent is half its value; the tenant must purchase from the +creditor's store and raise cotton to pay for what he has already eaten and +worn." C. C. Smith, "Colonization of Negroes in Central Alabama," +published by the Christian Women's Board of Missions, Indianapolis, Ind. + +[2087] See also Edmunds, in _Review of Reviews_, Sept., 1900; Dillingham, +in _Yale Review_, Vol. V, p. 190; Stone, "The Negro in the +Yazoo-Mississippi Delta"; Stone, in _Quarterly Journal of Economics_, +Feb., 1905; _Gunton's Magazine_, Sept., 1902 (Dowd); Brown, in _North +American Review_, Dec., 1904; Census 1900, Vol. VI, Pt. II, pp. 406-416; +_Harper's Monthly Magazine_, Jan., 1874, and Jan., 1881; Stone, in _South +Atlantic Quarterly_, Jan., 1905; Kelsey, "The Negro Farmer"; Hammond, "The +Cotton Industry." + +Another solution of the problem is often suggested, viz. the crowding out +of the blacks from the Black Belt by the whites--especially northerners +and Germans--who want to cultivate the Black Belt lands, who settle in +colonies, and who have no place for the negro in their plans of industrial +society. The Black Belt landlords are becoming weary of negro labor, and +some are disposed to make special inducements to get whites to settle in +the Black Belt. In Louisiana and Mississippi, Italians have replaced +negroes on many sugar and cotton plantations. Georgia and Alabama, in +order to make the negro work, have recently passed stringent vagrancy +laws, and the planters are talking of Chinese labor. For the opinions of +those who favor white immigration to the South, see the _Manufacturers +Record_, the _Atlanta Constitution_, and the _Montgomery Advertiser_, +during recent years. There is a general demand for foreigners who will +perform agricultural labor. + +[2088] Ku Klux Rept., Ala. Test., p. 879 (Lowe); _N. Y. World_, Dec. 14, +1867, Aug. 15, 1868. + +[2089] For information in regard to the Radical congressmen: Barnes, +"History of the 40th Congress," Index; Ku Klux Rept., Ala. Test. (Clanton, +Lowe, Lindsay); _Harper's Weekly_, May 1, 1869 (picture of Spencer); +_Elyton Herald_, ----, 1868; _Montgomery Mail_, July 25, 1868; _N. Y. +World_, Feb. 15 and Sept. 22, 1868; Alabama Manual (1869), p. 32; _N. Y. +Herald_, ----, 1868. + +[2090] Pike was the only county that never fell completely into the hands +of the Radicals. + +[2091] "North Alabama Illustrated," p. 50; _Montgomery Advertiser_, July +13, 1866; _N. Y. World_, April 11 and July 23, 1868; Ku Klux Rept., Ala. +Test., pp. 187, 188, 881, 1815, 1956; Acts of Ala. (1868), p. 414; +(1869-1870), pp. 157, 336; Beverly, "Alabama," p. 203. A vivid description +of the first session of the reconstructed legislature was published by +Capt. B. H. Screws, "The Loil Legislature." + +[2092] Tradition says that what is now known as the Davis Memorial Room +was the one thus used. + +[2093] Ku Klux Rept., Ala. Test., pp. 231, 881, 1411, 1424, 1468; _Weekly +Mail_, March 24, 1869; _Independent Monitor_, Jan. 11, 1870; Report of +Investigating Committee; Miller, "Alabama," p. 254; "Northern Alabama," p. +50; oral accounts of former members. + +[2094] Acts of Ala. (1868), pp. 67, 71, 79, 212, 305, 352. + +[2095] Senate Journal (1868), pp. 168, 176, 297. + +[2096] Acts of Ala. (1868), pp. 113, 129, 133, 350, 407, 414, 421; +(1869-1870), p. 451; _Montgomery Mail_, Feb. 24, 1870; Annual Cyclopædia +(1870), p. 12. + +[2097] Annual Cyclopædia (1870), p. 13; Journal (1869-1870), _passim_; +Brown, "Alabama," p. 268. + +[2098] Annual Cyclopædia (1870), p. 19; _N. Y. Herald_, Aug. 17, 1868. + +[2099] Ku Klux Rept., Ala. Test., pp. 90, 91, 187; Senate Journals +(1868-1874). + +[2100] Ku Klux Rept., Ala. Test., pp. 189, 239, 240, 324, 435, 523, 962, +1421, 1590, 1816, 1819, 1820, 1957; Herbert, "Solid South," p. 53; Coburn +Report, p. 256; _N. Y. World_, April 11, 1868; _Montgomery Mail_, April +21, 1870. + +[2101] Annual Cyclopædia (1870), p. 13. + +[2102] Ku Klux Rept., Ala. Test., p. 510; _Augusta Chronicle and +Sentinel_, June 13, 1866; _Selma Times and Messenger_, June 9, 1868. + +[2103] Ku Klux Rept., Ala. Test., pp. 93, 103, 104, 358, 435, 1878; _N. Y. +World_, Nov. 3, 1868; Coburn Report, p. 512; Herbert, "Solid South," p. +60. + +[2104] Annual Cyclopædia (1870), p. 14; Ku Klux Rept., Ala. Test., pp. 91, +1177, 1178, 1179, 1242; _N. Y. Herald_, Sept. 27 and Oct. 26, 1868; Report +of Sec. of War, 1869, vol. I, p. 88. + +[2105] McPherson's scrap-book, "Campaign of 1868," Vol. I, p. 156; Vol. V, +pp. 43, 45, 46, 48, 49; Ku Klux Rept., Ala. Test., pp. 95, 360, 502, 1956; +_N. Y. World_, Sept. 12, 1868; G. O. No. 27, Dept. of the South, Oct. 8, +1868; G. O. No. 38, Dept. of the South, Nov. 10, 1868; _Tuskegee News_, +July 29, 1876. + +[2106] _N. Y. Times_, Sept. 7, 1868 (speech of Judge T. M. Peters). + +[2107] Nordhoff, "Cotton States in 1870," pp. 85, 86; Ku Klux Rept., Ala. +Test., pp. 185, 209, 210, 434, 435, 1879. + +[2108] Miller, "Alabama," p. 256; Ku Klux Rept., Ala. Test., pp. 84, 182, +183, 216, 232, 311, 356, 357, 378, 379, 512, 531, 1038, 1625; McPherson's +scrap-book, "Campaign of 1870," Vol. I, pp. 55, 61; Annual Cyclopædia +(1870), pp. 16, 17; "Northern Alabama," p. 50; _Montgomery Mail_, Aug. 20, +1870 (Union League Appeal). + +[2109] Somers, "Southern States," p. 132; Ku Klux Rept., Ala. Test., p. +225; Miller, "Alabama," p. 256. + +[2110] Somers, "Southern States," pp. 167, 186; Ku Klux Rept., Ala. Test., +214, 232, 381, 423, 1299, 1371, 1558-1561 (see also the whole of Lindsay's +testimony); "Northern Alabama," p. 50; Annual Cyclopædia (1871), p. 11; +Miller, "Alabama," pp. 259-261; Beverly, "Alabama," p. 204. + +[2111] _Montgomery Advertiser_, Sept. 23, 1872. + +[2112] Report of Joint Committee in regard to election of George E. +Spencer; Taft, "Senate Election Cases," pp. 558, 562, 574-578; Annual +Cyclopædia (1872), pp. 11, 12; (1873), 16-18; Memorial of General Assembly +(Radical) to President, November, 1872; Coburn Report, p. 716; Senate +Journal (1872-1873), pp. 15-86 ("Court-House Senate"); Senate Journal, +1871 ("Capitol Senate"), Appendix; McPherson, "Handbook of Politics" +(1874), pp. 85, 86; Acts of Ala. (1872-1873), p. 532; Acts of Ala., 1873, +p. 156; _Montgomery Advertiser_, Nov. 12 and 24, 1872; Jan. 4, Feb. 22 and +23, 1873; _Southern Argus_, Nov. 22, 1872; Jan. 10, 1873; Herbert, "Solid +South," pp. 57-59; Miller, "Alabama," p. 261. + +[2113] Coburn Report, pp. 230, 262, 267, 271, 274, 280, 525, 528, 529; +"Northern Alabama," p. 51; _Tuscaloosa Blade_, Nov. 27, 1873; _Montgomery +Advertiser_, Sept. 27, 1872. + +[2114] See Coburn Report, pp. 154, 161. + +[2115] _Montgomery Advertiser_, March, 1870; Report of Inspector of +Penitentiary, 1873-1874; Ku Klux Rept., Ala. Test., pp. 230, 244, 1220, +1380, 1384; Acts of Ala. (1869-1870), p. 28; Washington, "Up from +Slavery," pp. 83-90; _N. Y. World_, Feb. 22 and April 11, 1868; +_Tuscaloosa Monitor_, Dec. 18, 1867; Coburn Report, pp. 108, 110, 161, +203, 204, 295; Clowes, "Black America," pp. 131, 140; Herbert, "Solid +South," p. 59. + +[2116] Ku Klux Rept., Ala. Test., pp. 71, 233, 390, 391, 881, 1815, 1816; +Coburn Report, p. 861; _Huntsville Democrat_, 1872; Straker, "The New +South Investigated," pp. 24, 41, 57; _Ala. State Journal_, May 20, 1874; +McPherson's Scrap-book, "Campaign of 1869," Vol. I, p. 57. + +[2117] _International Monthly_, Vol. V, p. 220; Coburn Report, p. 527; +"The Land We Love," Vol. I, p. 446; Ku Klux Rept., Ala. Test., pp. 390, +391, 405, 411, 926; Riley, "Baptists of Alabama," pp. 321, 322, 329; +Clowes, "Black America," pp. 53, 131, 140, 144; Murphy, "The Present +South." + +[2118] See also Ch. XXII. + +[2119] Charge of Judge H. D. Clayton to Barbour County grand jury in +Coburn Report, p. 839; Report of Montgomery grand jury in _Advertiser_, +Oct. 20, 1871; _Tuskegee News_, March 16, 1876; Little, "History of Butler +County," p. 111; _Tuscaloosa Blade_, Nov. 19, 1874; Coburn Report, pp. +524, 1219; _Montgomery Advertiser_, Nov. 27, 1873; Ku Klux Rept., Ala. +Test., pp. 230, 1175, 1179; _Scribner's Monthly_, Sept., 1874; Herbert, +"Solid South," pp. 63, 67. + +[2120] _Ala. State Journal_, Jan. 14, 1874. + +[2121] _State Journal_, March 10, 1874. The justice who performed the +ceremony in one case gave as his excuse that the woman was so bad that +nothing she could do would make her worse. + +[2122] _Montgomery Advertiser_ and other Montgomery papers of March 5, +1873. + +[2123] Coburn Report on Affairs in Alabama, 1874, pp. xiv, 341, 519, 520, +521, 743; _Montgomery Advertiser_, Oct. 23, 1902. + +[2124] See _State Journal_, Jan. 10 and Feb. 1, 1874. + +[2125] A few years ago Strobach offered to tell me all about his political +career in exchange for $50, but died before he could begin the account. + +[2126] Coburn Report, pp. 225, 230, 272, 280-282; _State Journal_, May 20 +and 27, 1874; _Montgomery Advertiser_, Oct. 23, 1902. + +[2127] See Coburn Report, pp. 225, 282-288. + +[2128] Coburn Report, pp. 118, 135, 145, 151, 279. When the Coburn +Committee was in Opelika, Washington Jones, colored, appeared before it +and demanded that the promises made to him be fulfilled. He wanted the +mule, the land, "overflow" bacon, etc. The committee got rid of him in a +hurry. See Coburn Report, p. 135. + +[2129] Coburn Report, pp. 59, 63, 106, 118, 122, 142, 181, 641; _State +Journal_, June 10, 1874. + +[2130] Coburn Report, pp. 58, 59, 92, 106, 136, 275, 295, 296, 416, 641. + +[2131] Coburn Report, pp. 58, 59, 106, 203, 204. + +[2132] Coburn Report, pp. 59, 63, 109, 118, 119. See also Ku Klux Rept., +Ala. Test., pp. 1072-1075. + +[2133] Coburn Report, pp. 58, 59, 61, 118, 278, 280, 308, 317, 320, 446. + +[2134] The _State Journal_ of Aug. 1, 1874, has a list of extracts from +Democratic papers from 1868 to 1874, showing the change of attitude in +regard to the negro. + +[2135] _Tuskegee News_, June 4, and Aug. 20, and Sept. 10, 1874; Coburn +Report, pp. 120, 860, 861, 1231, 1232, _et passim_; _Eufaula Times_, July +30, 1874, quoting from the _Birmingham News_, _Shelby Guide_, and _Eutaw +Whig_; _State Journal_, June 24, 1874. + +[2136] _Opelika Times_, Aug. 22, 1874, condensed; Coburn Report, pp. 97, +100, 104. + +[2137] See testimony of Dunbar and Gardner in Coburn Report, pp. 101, 209, +210, 300, 302; _Opelika Daily Times_, Sept. 30, 1874. + +[2138] _State Journal_, June 16, 1874. For a typical readoption of this +platform see the resolutions of the Tuscaloosa County Democrats in _State +Journal_, June 24, 1874. "Old Whig" in the _Opelika Daily Times_, Sept. +30, 1874, proposed that the whites "fall back upon the old Wesleyan +doctrine 'to prefer one another in business';" "Give the Radicals no +support;" "The adder that stings should find no warmth in the bosom of the +dying victim." + +[2139] _Opelika Times_, Oct. 14, 1874; Coburn Report, pp. 97, 103-104. + +[2140] Coburn Report, p. 856; Annual Cyclopædia (1874), p. 15. + +[2141] Coburn Report, pp. 99, 101, 856, 859; _Opelika Daily Times_, June +29 and Oct. 3, 1874; _Montgomery Advertiser_, Oct. 23, 1902. + +[2142] _State Journal_, June 4 and 27, 1874; Coburn Report, p. 881; Annual +Cyclopædia (1874), pp. 15, 16; _Tuskegee News_, July 2, 1874. + +[2143] The division was as follows:-- + + ===================================================== + DISTRICT | DISTRIBUTING POINTS | POUNDS + -----------------|---------------------------|------- + | | + First | Mobile, Selma, Camden | 55,851 + Second | Montgomery | 44,402 + Third | Opelika, Talladega, Seale | 41,802 + Fourth | Demopolis | 53,663 + Fifth and sixth | Decatur | 31,278 + ===================================================== + +[2144] Senate Journal, 1874-1875, p. 7. + +[2145] For full account of the bacon question see Ho. Doc., No. 110, 43d +Cong., 2d Sess.; also _Tuskegee News_, June 4, Aug. 27, and Sept. 24, +1874; Coburn Report, pp. 36, 50, 69, 207, 241. + +The following list shows how one distribution was made in October, just +before the elections:-- + + ===================================== + COUNTY | POUNDS + -----------------------------|------- + Montgomery | 14,151 + Lowndes | 8,283 + Butler | 4,235 + Dale (to P. King, Haw Ridge) | 2,482 + Barbour | 4,527 + Bullock | 5,169 + Pike (to Gardner and Wiley) | 2,066 + Henry | 1,036 + Clay | 3,000 + Randolph | 2,000 + Coosa | 3,000 + Elmore | 3,500 + Talladega | 7,500 + Lee (to W. H. Betts) | 9,792 + Russell (to W. H. Betts) | 2,390 + Walker | 2,178 + "To G. P. Plowman, by order | + of Charles Pelham, M. C." | 1,000 + ===================================== + +[2146] Coburn Report, pp. 59, 60. + +[2147] Annual Cyclopædia (1874), p. 13; Coburn Report, pp. 247-254. + +[2148] _The Tribune_, Oct. 7, 8, and 12, 1874; _The Nation_, Aug. 27, and +Oct. 15 and 27, 1874; Annual Cyclopædia (1874), p. 12; Foulke, "Life of O. +P. Morton," Vol. II, p. 350. The Hays-Hawley letter was first published in +the _Hartford Courant_ and in the _Boston Daily Advertiser_. It is also in +the Coburn Report, pp. 1254-1260. + +[2149] _N. Y. Tribune_, Oct. 7, 1874; Coburn Report, pp. 244, 245, 1221, +1226, 1241, 1247, 1264, 1266. + +[2150] Coburn Report, p. 512. + +[2151] Coburn Report, p. 931. + +[2152] _Eufaula News_, Sept. 3, 1874; Coburn Report, p. 855. + +[2153] Coburn Report, pp. 679, 681, 746. + +[2154] Coburn Report, pp. 514, 515, 681, 1239. + +[2155] Coburn Report, pp. 680, 682; "An appeal to Governor Lewis from the +People of Sumter." + +[2156] Coburn Report, pp. 236, 244, 245, 289, 291, 702, 1201, 1231-1235. + +[2157] _Union Springs Herald and Times_, quoted in _State Journal_, June +13, 1874. + +[2158] Coburn Report, pp. 130, 948. + +[2159] For information in regard to the campaign of 1874 I am indebted to +several of those who took part in it, and especially to Mr. T. J. +Rutledge, now state bank examiner, who was then secretary of the +Democratic campaign committee. + +[2160] Coburn Report, pp. 125, 530. + +[2161] Coburn Report, pp. xix, 43, 80-84, 427, 434, 476, 794, 850, 851, +949, 1200-1204; _Tuskegee News_, Nov. 5, 1874; _State Journal_, Oct. and +Nov., 1874. + +[2162] Annual Cyclopædia (1874), p. 17; _Tribune_ Almanac, 1875. + +[2163] Coburn Report, pp. 239, 253, 701, 703; _The Nation_, Nov. 30, 1874; +_Tuskegee News_, Dec. 10, 1874. + +[2164] In the code of Alabama (1876), pp. 100-120, is printed the +"Constitution (so-called) of the State of Alabama, 1868," as the code +terms it. The last three amendments are thus noted, "Adoption proclaimed +by the Secretary of State, Dec. 18, 1865" (or July 20, 1868, or March 30, +1870). The other amendments have notes stating date of submission and date +of ratification by the state. See code of 1876, pp. 27, 28; also code of +1896. + +[2165] The negroes voted against it. Some of them were told that, if +adopted, a war with Spain would result and that the blacks, being the +"only truly loyal," would have to do most of the fighting against the +Spanish, who would land at Apalachicola, Milton, and Eufaula. See +_Tuskegee News_, Dec. 9, 1875. See also in regard to the new constitution, +_Tuskegee News_, June 3, 1875; "Northern Alabama Illustrated," pp. 51, 52; +Annual Cyclopædia (1875), p. 14; Ho. Ex. Doc., No. 46, 43d Cong., 2d +Sess.; "Report of the Joint Committee in regard to the Amendment of the +Constitution." + +[2166] Most whites believe that eliminating the negro has solved the +problem of the negro in politics. It seems to me that this is a +superficial view. The black counties are still represented in party +conventions and legislature in proportion to population. The white +counties are jealous of this undue influence and would like to reduce this +representation. The party leaders have been able to repress this jealousy, +but it is not forgotten. Before it will submit to loss of representation +the Black Belt, it is believed, will gradually admit to the franchise +those negroes who have been excluded, and they will vote with the whites. +Such a course will undoubtedly cause political realignments. Notice on the +maps that the Republican strongholds are now in the white counties. The +"Lily Whites" are increasing in numbers. + +[2167] These views are set forth most clearly by Alexander Johnston in +Lalor's "Cyclopædia of Political Science," Vol. III, p. 556. See also +McCall, "Thaddeus Stevens," and his article in the _Atlantic Monthly_, +June, 1901; Blaine, "Twenty Years"; Schurz, in _McClure's Magazine_, Jan., +1905; Grosvenor, in _Forum_, Aug., 1900. + +[2168] For a belated recognition of the reasons for this, see H. L. +Nelson, "Three Months of Roosevelt," in the _Atlantic Monthly_, Feb., +1902. + + + + +PUBLICATIONS OF THE + +COLUMBIA UNIVERSITY PRESS + +The Macmillan Company, Agents, 64-66 Fifth Avenue, New York + +_Books published at net prices are sold by booksellers everywhere at the +advertised net prices. When delivered from the publishers, carriage, +either postage or expressage, is an extra charge._ + + +SCIENCE OF STATISTICS. By RICHMOND MAYO-SMITH, Ph.D., Professor of +Political Economy and Social Science, Columbia University. + + Part I. STATISTICS AND SOCIOLOGY. 8vo, cloth, pp. xvi + 399. Price, + $3.00 _net_. + + Part II. STATISTICS AND ECONOMICS. 8vo, cloth, pp. xiii + 467. Price, + $3.00 _net_. + +ESSAYS IN TAXATION. By EDWIN R. A. SELIGMAN, Professor of Political +Economy and Finance, Columbia University. 8vo, cloth, pp. x + 434. Price, +$3.00 _net_. + +THE SHIFTING AND INCIDENCE OF TAXATION. By EDWIN R. A. 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