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diff --git a/41680-8.txt b/41680-8.txt deleted file mode 100644 index 0c07761..0000000 --- a/41680-8.txt +++ /dev/null @@ -1,36277 +0,0 @@ -The Project Gutenberg EBook of Civil War and Reconstruction in Alabama, by -Walter L. Fleming - -This eBook is for the use of anyone anywhere at no cost and with -almost no restrictions whatsoever. You may copy it, give it away or -re-use it under the terms of the Project Gutenberg License included -with this eBook or online at www.gutenberg.org - - -Title: Civil War and Reconstruction in Alabama - -Author: Walter L. Fleming - -Release Date: December 21, 2012 [EBook #41680] - -Language: English - -Character set encoding: ISO-8859-1 - -*** START OF THIS PROJECT GUTENBERG EBOOK CIVIL WAR, RECONSTRUCTION, ALABAMA *** - - - - -Produced by The Online Distributed Proofreading Team at -http://www.pgdp.net (This file was produced from images -generously made available by The Internet Archive/Canadian -Libraries.) - - - - - - - - - -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 reėnlistments 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 reėnlistments, 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 -reėnlistments 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 reėnlistments, 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--reėntered 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 reėnlistments. 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 reėnlisted, and thus 5000 at least were added to the total -enrolment without securing a single recruit. The three-year regiments -reėnlisted 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 reėnlistment 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 -reėnlisted 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 reėnlistments 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 -reėstablished. 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 reėxchanged 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 "Athenęum."[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 cyclopędias 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 reėstablish 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 reėstablish 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 -reėstablishment 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 -reėnslave 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 reėnslavement 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 -reėstablish 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 -reėstablished; 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 reėnslave 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 reėnslavement 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, reėnforced 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 reėnslaved 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 reėnslaved 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 reėstablishment 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 reėnacting 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 reėlected. 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 reėlection, 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 reėnfranchisement 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 Irę._ 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 reėnacted;[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 reėnslaved, 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 reėlection 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 reėnslaved. 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 reėlected. 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 reėlection, 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 reėnslavement; 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 reėnslavement 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 reėnslaved. 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 Cyclopędia" (1862), p. 707; -Statistics of Churches, p. 683. - -[35] Carroll, "Religious Forces," pp. 93, 178. - -[36] Annual Cyclopędia (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 reėducate 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 reėnlistments 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 reėnlisted 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 reėnlistment 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 reėnlistments 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 Cyclopędia (1864), p. 7. - -[153] Annual Cyclopędia (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 Cyclopędia (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 -Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia_ (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia -(1862), p. 9. - -[556] Annual Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (1867), p. -20; _Montgomery Mail_, April 30, 1867. - -[1286] See p. 509. - -[1287] G. O. Nos. 35, 38, 40, Post of Mobile, 1867; Annual Cyclopędia -(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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (1869), p. 19. - -[1377] Annual Cyclopędia (1869), p. 19; _N. Y. Herald_, April 25, 1869. - -[1378] _N. Y. Herald_, May 17, 1869; Annual Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (1867), p. 32; -_N. Y. Herald_, March 16, 1867. - -[1422] Journal, pp. 10, 12, 13; _N. Y. World_, Nov. 20, 1869; Annual -Cyclopędia (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 Cyclopędia (1867), p. 33. - -[1429] Journal, pp. 262, 263. - -[1430] Journal, pp. 15, 212, 263; _N. Y. Herald_, Nov. 13, 1867. - -[1431] Annual Cyclopędia (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 Cyclopędia (1867), p. 31. - -[1440] Annual Cyclopędia (1867), p. 32; _N. Y. World_, Nov. 20, 1867. - -[1441] _N. Y. Herald_, Nov. 13, 1867; Annual Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (1865), p. 552; Caldwell, "Reconstruction of -Church and State in Georgia" (pamphlet). - -[1809] Annual Cyclopędia (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 reėntered 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 Cyclopędia (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 Cyclopędia (1865), p. 705. See p. 23 and Ch. IV, Sec. 7, -above. - -[1821] Thompson, "History of the Presbyterian Churches," p. 167. - -[1822] Annual Cyclopędia (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 -reėstablish 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 Cyclopędia (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 Cyclopędia -(1870), p. 12. - -[2097] Annual Cyclopędia (1870), p. 13; Journal (1869-1870), _passim_; -Brown, "Alabama," p. 268. - -[2098] Annual Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia -(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 Cyclopędia (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 -Cyclopędia (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 Cyclopędia (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 -Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 Cyclopędia (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 "Cyclopędia 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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