PART III THE AFTERMATH OF WAR

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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]

DEVASTATION BY INVADING ARMIES 1861-1865.
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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 95,840½ 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]


                                                                                                                                                                                                                                                                                                           

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