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| General George H. Thomas, in command of the district including Alabama, 1864-1867. | General Wager Swayne, Assistant Commissioner of Freedmen’s Bureau. | |
| General John Pope, First Commander of Third Military District. | General George G. Meade (in field uniform), Commander of Third Military District. | |
The Georgia people were evidently so bad that they caused a change in his former favorable opinion of the people in general, or rather of the whites, for in a letter to Grant, July 24, 1867, we find a frank expression of his sentiments in regard to Reconstruction. He thought the disfranchising clauses were among the wisest provisions of the Reconstruction Acts; that the leading rebels should have been forced to leave the country and stay away; that all the old official class was opposed to Reconstruction and was sure to prevail unless kept disfranchised; that it was better to have incompetent loyal men in office than rebels of ability,—in fact, the greater the ability the greater the danger; that in order to retain the fruits of reconstruction the old leaders must be put beyond the power of returning to influence. He had by this time evidently become somewhat disgusted with the reconstructionists, for he intimated that none of the whites were fit for self-government, and was strongly of the opinion that, in a few years, intelligence and education would be transferred from the whites to the negroes. He predicted ten thousand majority for Reconstruction in Alabama, but thought that in case Reconstruction succeeded in the elections, some measures would have to be taken to free the country of the turbulent and disloyal leaders of the reactionary party, or there would be no peace.[1271]
Control of the Civil Government
Pope instructed the post commanders in Alabama to report to headquarters any failures of civil tribunals to administer the laws in accordance with the Civil Rights Bill or the recent acts of Congress. They were, above all, to watch for discrimination on account of color, race, or political opinion. While not interfering with the
In May, Pope issued orders informing the officials of Alabama of their proper status. There was no legal government in Alabama, they were told, and Congress had declared that no adequate protection for life and property existed. The military authorities were warned that upon them rested the final responsibility for peace and security. Consequently when necessary they were to supersede the civil officials. In towns, the mayor and chief of police were required to be present at every public meeting, with sufficient force to render disturbance impossible. It would be no excuse not to know of a meeting or not to apprehend trouble. Outside of towns, the sheriff or one of his deputies was to be present at such gatherings, and in case of trouble was to summon a posse from the crowd, but must not summon officers of the meeting or the speakers. It was declared the duty of civil officials to preserve peace, and assure rights and privileges to all persons who desired to hold public meetings. In case of disturbance, if it could not be shown that the civil officials did their full duty, they would be deposed and held responsible by the military authorities. When the civil authorities asked for it, the commanders of troops were to furnish detachments to be present at political meetings and prevent disturbance. The commanding officers
From the beginning, Pope, supported and advised by General Swayne, pursued extreme measures. There were soon many complaints of his arbitrary conduct. In his correspondence with General Grant he complained of the attitude of the Washington administration toward his acts, and largely to support Pope (and Sheridan in the Fifth District), Congress passed the act of July 19, 1867, which was the last of the Reconstruction Acts, so far as Alabama was concerned. This law declared that the civil governments were not legal state governments and were, if continued, to be subject absolutely to the military commanders and to the paramount authority of Congress. The commander of the district was declared to have full power, subject only to the disapproval of General Grant, to remove or suspend officers of the civil government and appoint others in their places. General Grant was vested with full power of removal, suspension, and appointment. It was made the duty of the commander to remove from office all who opposed Reconstruction.[1277] Pope had already been making use of the most extreme powers, and the only effect of the act was to approve his course. Pope gave the laws a very broad interpretation, believing that Reconstruction should be thoroughly done in order to leave no room for future trouble and embarrassment. Grant, on August 3, wrote to him[1278] approving his sentiments, and went on to say: “It is certainly the duty of the district commander to study what the framers of the Reconstruction laws wanted to express, as much as what they do express, and to execute the law according to that interpretation.”[1279] This was certainly a unique method of interpretation and would justify any possible assumption of power.
There had been several instances of prosecution by state authorities
So much for the general regulation and supervision of the civil authorities by the army. There were but a few hundred troops intrusted with the execution of these regulations, which were, of course, enforced only spasmodically. The more prominent officials were closely watched, but the only effect in country districts was to destroy all government. Many judges, while willing to have their jurors drawn from the voting lists, refused to accept ignorant negroes on them, or to order the selection of mixed juries, and many courts were closed by military authority. Judge Wood, of the city court of Selma, had a jury drawn of whites. A military commission, sitting in Selma, refused to allow cases to be tried unless negroes were on the jury. Pope’s order was construed as requiring negroes on each jury, and he so meant it.[1282] Later, he published an order requiring jurors to take the “test oath,” which would practically exclude all the whites.[1283] Prisoners confined in jail under sentence by jurors drawn under the old laws were liberated by the army officers or by Freedmen’s Bureau officials. Twice in the month of December, 1867, there were jail deliveries by military authorities in Greene County.[1284]
Within the first month Pope began to remove civil officials and appoint others. Mayor Joseph H. Sloss of Tuscumbia was the
Immediately after a riot in Mobile[1286] following an incendiary speech by “Pig Iron” Kelly of Pennsylvania, one of the visiting orators, Colonel Shepherd of the Fifteenth Infantry assumed command of the city. The police were suspended. Breach of the peace was punished by the military authorities. Out-of-door congregations after nightfall were prohibited. Notice of public meetings had to be given to the acting mayor in time to have a force on hand to preserve the peace. The publication of incendiary articles in the newspapers was forbidden. The provost guard was directed to seize all large firearms in the possession of improper persons and to search suspected persons for small arms. The special police, when appointed, were ordered to restrict their duties to enforcing the city ordinances. All offences against military ordinances would be attended to by the military authorities. A later order prohibited the carrying of large firearms without special permission. Deposits of such arms were seized.[1287]
Pope declared all offices vacant in Mobile and filled them anew,[1288] in the face of a report by Swayne that reasonable precautions had been taken to prevent disorder. The blame for this action of Pope’s fell upon Swayne, who had to carry out the orders. The officers appointed by Pope refused to accept office, and then he seems to have offered to reappoint the old officials, and they declined. Thereupon he lost his temper and directed Swayne to fill the vacancies in the city government of Mobile “from that large class of citizens who have
This Mayor Horton had a high opinion of his prerogatives as military mayor of Mobile. The Mobile Tribune had been publishing criticisms on his administration and also of Mr. Bromberg, one of his political brethren. Archie Johnson, a crippled, half-witted negro newsboy, was, it is said, hired to follow the mayor about, selling his Tribune papers, much to the annoyance of Mayor Horton. On one occasion Archie cried, “Here’s yer Mobile Tribune, wid all about Mayor Horton and his Bromberg rats.” This was too much for the military mayor, and, considering the offence as one against the Civil Rights Bill, he sentenced the negro to banishment to New Orleans. Archie soon returned and was again exiled by the mayor. Here was an opportunity for the people to get even
Many officials were removed and many appointments made by Pope. His removals and appointments included mayors, chiefs of police, tax assessors and collectors, school trustees, county commissioners, justices of the peace, sheriffs, judges, clerks of courts, bailiffs, constables, city clerks, solicitors, superintendents of schools, aldermen, common councils, and all the officials of Jones and Colbert counties.[1292] Pope was roundly abused by the newspapers and by the people for making so many changes. I have been unable to find, however, the names of more than thirty-four officials of any consequence who were removed by Pope. He made 224 appointments to such offices, besides minor ones. A clean sweep of all officials from mayor to policemen was made in Mobile and again in Selma. Most vacancies were caused by expiration of term of office or by forced resignation.[1293]
As there was need of money to pay the expense of the convention soon to assemble, and as the taxpayers were beginning to understand for what purposes their money was to be used and were in many instances refusing to pay, Pope issued an order to the post and detachment commanders directing them to furnish military aid to state tax-collectors.[1294] The bitterest reconstructionists were heartily in favor of aid to the tax-collecting branch of the “rebel” administration. They needed money to carry out their plans. When the terms of the tax-collectors expired, they were ordered to continue in office until their successors were duly elected and qualified,[1295] which, of course, meant to continue the present administration until the reconstructed government should take charge. Pope was very careful not to allow the civil government to spend any of the money coming in from taxes. He said that he thought it proper
General Swayne, at Montgomery, who had long been at the head of the Freedmen’s Bureau in the state and also military commander of the District of Alabama since June 1, 1866, found himself relegated to a somewhat subordinate position after Pope assumed command in the Third District. The latter took charge of everything. If a negro policeman were to be appointed in Mobile, Pope made the appointment and issued the order. Nor did he always send his orders to Swayne to be republished. In consequence, Swayne dropped out of the records somewhat, but he had to bear much of the blame that should have fallen on Pope, though he was in full sympathy with the views of the latter. He was, however, a man of much more ability than Pope, of sounder judgment, and had had legal training. Consequently, Pope relied much upon him for advice in the many knotty questions that came up, often coming from Atlanta to Montgomery to see Swayne, and as a rule none of his well-known proclamations were ever issued when under the latter’s influence. The orders written for him or outlined by Swayne were stringent, of course, but clear, short, and to the point. Pope’s own masterpieces were long, rhetorical, and blustering. His favorite valedictory at the end of an order was a threat of martial law and military commissions.
General Swayne was still at the head of the Freedmen’s Bureau, and in this capacity he made his authority felt. In April, 1867, he ordered probate judges to revise former actions in apprenticing minors to former owners and to revoke all indentures made since the war if the minors were able to support themselves. Though the vagrancy law had never been enforced and had been repealed by the legislature, he declared its suspension. The chain-gang
Pope and the Newspapers
When Pope first assumed command, it was reported that the conservative papers were, at the worst, not hostile to him;[1300] but within a few weeks he had aroused their hostility and the battle was joined. Pope believed that the papers had much to do with inciting hostility against the visiting orators from the North, resulting in such disturbances as the Kelly riot in Mobile. Consequently, instructions were issued prohibiting the publication of articles tending to incite to riot. This order was aimed at the conservative press. No one except the negroes paid much attention to the Radical press. However, after the Mobile trouble the military commander was somewhat nervous and wanted to prevent future troubles. The negroes, now much excited by the campaign, were supposed to be much influenced by the violent articles appearing in the Radical paper of Mobile,—the National. On May 30 an article was printed in that paper instructing the freedmen when, where, and how to use firearms. It went on to state: “Do not, on future occasions [like the Kelly riot], waste a single shot until you see your enemy, be sure he is your enemy, never waste ammunition, don’t shoot until necessary, and then be sure to shoot your enemy. Don’t fire into the air.” Fearing the effect upon the negroes of such advice, the commanding officer at Mobile suppressed the edition of May 30, and prohibited future publication unless the proof should first be submitted to the commandant according to the regulations of May 19, issued by Pope. Instead of approving the action of the Mobile officer, Pope strongly disapproved of and revoked his orders. The Mobile commander was informed that it was the duty of the military authorities, not to restrict, but to secure, the utmost freedom of speech. No officers or soldiers should interfere with newspapers or speakers on any pretext whatever. “No satisfactory execution of the late
The conservative papers managed to keep within bounds, and Pope was unable to harm them. Finally he decided to strike at them through the official patronage. By the famous General Order No. 49,[1302] he stated that he was convinced that the civil officials were obeying former instructions[1303] only so far as their personal conversation was concerned, and were using their official patronage to encourage newspapers which opposed reconstruction and embarrassed civil officials appointed by military authority by denunciations and threats of future punishment. Such use of patronage was pronounced an evasion of former orders and an employment of the machinery of the state government to defeat the execution of the Reconstruction Acts. Therefore it was ordered that official advertising and official printing be given to those newspapers which had not opposed and did not then oppose Reconstruction or embarrass officials by threats of violence and of prosecution as soon as the troops were withdrawn.[1304] This order affected nearly every newspaper in the state. There were sixty-two counties, and each had public printing and advertising. On an average, at least one paper for each county was touched in the exchequer, and as Pope reported, “a hideous outcry” arose from the press of the state.[1305] There were only five or six Reconstruction papers in the state, and a modification of the order in practice was absolutely necessary. Pope was so roundly abused by the newspapers, North and South, and especially in Alabama and Georgia, that he seems to have been affected by it. He endeavored to explain away the order by saying that it related only to military officials and not to civil officials. He did not say that in the order, though he may have meant it, and was now using the remarkable method of interpretation suggested to him by Grant in regard to the Reconstruction Acts. Several accounts of newspapers for public advertisements were held up and payments disallowed.
Trials by Military Commissions
The newspapers state that many arrests of citizens were made by military authorities, and in the spring of 1868 they generally remarked that the jails were filled with prisoners thus arrested who were still awaiting trial. Most of these were probably arrested under the Pope rÉgime, since Meade, his successor, was not so extreme. However, Pope, in spite of his threats, had but few persons tried by military commissions. D. C. Ballard was convicted of pretending to be a United States detective and of stealing ninety-five bales of cotton, and was sentenced to eight years’ imprisonment.[1307] One David J. Files was arrested for inciting the Kelly riot at Mobile. Pope said that he was the chief offender and had him imprisoned at Fort Morgan until he could be tried by a military commission. He was fined $100.[1308] William A. Castleberry was convicted by a military commission, fined $200, and imprisoned for one year for purchasing stolen property and for assisting a deserter to escape. Jesse Hays, a justice of the peace in Monroe County, was sentenced to five months’ imprisonment and fined $100 for prescribing a punishment for a negro that could not be prescribed for a white, that is, fifty lashes. Matthew Anderson and John Middleton, who were tried for carrying out the sentence imposed on the negro, were acquitted.[1309] These are all the cases that I have been able to find of trial of civilians by military commission under Pope. In one case there was a direct interference by Pope with the administration of justice. Daniel and James Cash had been indicted in Macon County for murder and had made bond. They were later indicted and arrested in Bullock County. Pope ordered that they be released and that all civil officials let them alone.[1310]
Registration and Disfranchisement
But the prime object of Pope’s administration was not merely to carry on the government in his military province, but to see that the Reconstruction was rushed through in the shortest possible time and in the most thorough manner, according to the intentions of the Congressional leaders as he understood them. As already stated, he had very clear ideas of what should be done, and from the first was hampered by no few doubts as to the limits of his power. The Reconstruction laws were given the broadest interpretation. In the liberal interpretation of his powers Pope was equalled only by Sheridan in the Fifth District.
A week after his arrival in Montgomery Pope directed Swayne to divide the state into registration districts. Army officers were to be used as registrars only when no civilians could be obtained. General supervisors were to look after the working of the registration, and there was to be a general inspector at headquarters. Violence or threats of violence against registration officials would be punished by military commission.[1311] May 21, 1867, the state was divided into forty-two (later forty-four) registration districts, so arranged as to make the most effective use of the black vote.[1312] A board of registration for each district was appointed, each board consisting of two whites and one negro. Since each had to take the “iron-clad” test oath, practically all native whites were excluded, those who were on the lists being men of doubtful character and no ability. There were numbers of northerners. For most of the districts the white registrars had to be imported. It is not saying much for the negro members to say that they were much the more respectable part of the boards of registration.[1313] Again it was stated that in order to secure full registration, the compensation would be fixed at so much for each voter—fifteen to forty cents, the price varying according to density of population. Five to ten cents mileage was paid in order
On June 1, Pope issued pamphlets containing instructions to registrars which were especially definite as to those former state officials who should be excluded from registration. The list of those who were to be disfranchised included every one who had ever been a state, county, or town official and later aided the Confederacy;[1319] former members of the United States Congress, former United States officials, civil and military, members of state legislatures and of the convention of 1861; all officials of state, counties, and towns during the war; and finally judicial or administrative officials not named elsewhere.[1320] The records fail to show that any officials were not
The stringent regulations of Pope caused much bitter comment, and the Washington administration was besought to revoke them. Complaints were coming in from other districts, and on June 18, 1867, at a Cabinet meeting, the questions in controversy were brought up point by point, and the Cabinet passed its opinion on them. A strict interpretation of the Reconstruction Acts was arrived at, which was much more favorable toward the southern people. Stanton alone voted against all interpretation favorable to the South. The interpretation of the acts thus obtained was issued as a circular, the opinion of the Attorney-General, through the War Department and sent to the district commanders on June 20.[1322] As soon as Pope received a copy of the opinion of the Attorney-General he wrote to Grant protesting against the enforcement of the opinion as an order, so far as it related to registration. If enforced, his instructions to registrars would have to be revoked. According to all rules of military obedience, it was his duty to consider the instructions sent him through the adjutant-general’s office as binding, though in this case the instructions were not in the technical form of an order, but he expressed doubt if they were to be considered as an order to him. Grant telegraphed to him to enforce his own construction of the acts until ordered to do otherwise.[1323]
In order to remove all doubt in the matter, Congress, in the act of July 19, 1867, sustained Pope’s interpretation of the acts and made it law. The construction placed upon the laws by the Cabinet was repudiated, and officers acting under the Reconstruction Acts were not to consider themselves bound by the opinion of any civil officer of the United States.[1324] This was aimed at the Attorney-General and
The Elections and the Convention
After the passage of this law it was smooth sailing for Pope. Registration went on with such success that on August 31 he was induced to order an election to be held on October 1 to 4, for the choice of delegates to a convention, and an apportionment of delegates among the various districts was made at the same time. In the distribution the black counties were favored at the expense of the white counties.[1326]
The work of the registrars was thoroughly done. The negro enrolment was enormous; the white enrolment was small. The registration of voters before the elections was: whites, 61,295; blacks, 104,518; total, 165,813.[1327] For the convention and for delegates 90,283 votes were cast. Of these 18,553 were those of whites, and 71,730 were negro votes. Against holding a convention, 5583 white votes were cast, and 69,947 registered voters failed to vote—37,159 whites and 32,788 blacks.[1328] The names of the delegates chosen were published in general orders, and the convention was ordered to meet in Montgomery on November 5.[1329] During the session of the convention Pope took a rest from his labors and spent some time in Montgomery. He was a great favorite with the reconstructionists and was accorded special honors by the convention. But he did not think as highly of reconstructionists as when he first assumed command, and the antics of the “Black Crook” convention
One of the last important acts of Pope’s administration was to order an election for February 4 and 5, 1868, when the constitution should be submitted for ratification or rejection, and when by his advice candidates for all offices were to be voted for. Two weeks beforehand the registrars were to revise their lists, adding or striking off such names as they saw fit. Polls were to be opened at such places as the board saw fit. Any voter might vote in any place to which he had removed by making affidavit before the board that he was registered and had not voted before.[1331]
Removal of Pope and Swayne
Both Pope and Swayne had been charged with being desirous of representing the states of the Third Military District in the United States Senate. Pope had made himself obnoxious to the President, and the white people of Alabama and Georgia were demanding his removal. So, on December 28, 1867, an order was issued by the President, relieving Pope and placing General Meade in command of the Third Military District. General Swayne was at the same time ordered to rejoin his regiment,[1332] and a few days later his place was taken by General Julius Hayden.[1333] The whites were greatly relieved and much pleased by the removal of both Pope and Swayne. The former had become obnoxious on account of the extreme measures he had taken in carrying out the Reconstruction Acts, on account of his irritating proclamations, his attitude toward the press, etc. General Swayne had long enjoyed the confidence of the best men. His influence over the negroes was supreme, and had been used to
Sec. 2. The Administration of General Meade
Registration and Elections
On January 6, 1868, General Meade arrived in Atlanta and assumed command of the Third Military District.[1335] His first and most important duty was to complete the military registration of voters, and hold the election for ratification of the constitution and for the choice of officials under it. Registration had been going on regularly since the summer of 1867, and after the convention had adjourned there was a rush of whites to register in order to defeat the constitution by refraining from voting on it. As the time for the election drew near the friends of the Reconstruction, much alarmed at the tactics of the Conservative party, brought pressure to bear upon Grant, who suggested to Meade that an extension of time be made. Consequently, the time for the election was extended from two to five days in order to enable the remotest negro to be found and brought to the polls. At the same time the number of voting places was limited to three in each county,[1336] in order to lessen the influence of the whites over the blacks.
General Meade was opposed to holding the election for state officials at the same time with that on ratification of the constitution. He thought it would be difficult to secure the adoption of the constitution on account of the proscriptive clauses in it, but in his opinion
After the lists were revised by Meade.
The election took place on February 1 to 5, and passed off without any disorder. Meade reported that the charges of fraud made by the Radicals were groundless, and that the constitution had been defeated on its merits, or rather demerits. Both the constitution and the candidates were obnoxious to a large number of the friends of Reconstruction. He reported that the constitution failed of ratification by 13,550 votes, and advised that the convention assemble again, revise the constitution of its proscriptive features, and again submit to it the people.[1339]
Administration of Civil Affairs
Pending the decision of the Alabama question by Congress, Meade carried on the military government as usual. He thoroughly understood that his power was unlimited. No more than Pope did he allow the civil government to stand in the way. There was, however, a vast difference in the administrations of the two men. Meade was less given to issuing proclamations, but was firmer and more strict, and less arbitrary. He was not under the influence of the Radical politicians in the slightest degree, and was abused by both sides, especially by the Radical adventurers. It was a thankless task, for which he had no liking, but his duty was done in a soldierly manner, and his administration was probably the best that was possible.
He made it clear to the civil authorities that he was the source of all power, and that they were responsible to him and must obey all orders coming from him. If they refused, he promised trial by a military commission, fine, and imprisonment. They must under no circumstances interfere, under color of state authority, with the military administration. He had no admiration for the “loyal” element; and when a bill was before Congress providing that the officials of the civil government be required to take the “iron-clad” test oath or vacate their offices, he made a strong protest and declared that he could not fill half the offices with men who could take the test oath.[1340] After the February elections political influence was brought to bear to force Meade to vacate the offices of the civil government and to appoint certain individuals of the proper political beliefs. The persons voted for in the elections were clamorous for their places. Grant suggested that when appointments were made, the men recently voted for be put in. Meade resisted the pressure and made few changes, and these only after investigation. Removals were made for neglect of duty, malfeasance in office, refusing to obey orders, and “obstructing Reconstruction.” Many appointments were made on account of the deaths or resignations of the civil officials.[1341] Few of
There was much disorder by thieves and roughs on the river boats during the spring of 1868. To facilitate trials of these lawbreakers, Meade directed that they be arrested and tried in any county in the state where found, before any tribunal having jurisdiction of such offences.[1344]
The courts were not interfered with as under Pope’s rule. The judges continued to have white jurors chosen, and the army officers, as a rule, approved. In one case, however, in Calhoun County, there was trouble. One Lieutenant Charles T. Johnson, Fifteenth Infantry, attended the court presided over by Judge B. T. Pope. He found that no negroes were on the jury, and demanded that the judge order a mixed jury to be chosen. The judge declined to comply, and Johnson at once arrested him. Johnson found that the clerk of the court did not agree with him, and he arrested the clerk also. Pope was placed in jail until released by Meade.[1345] The conduct of Johnson was condemned in the strongest terms by Meade, who ordered him to be court-martialed. A general order was published
Meade did not approve of Pope’s policy toward newspapers, and on February 2, 1868, he issued an order modifying General Order No. 49 on the ground that it had in its operations proved embarrassing. In the future, public printing was to be denied to such papers only as might attempt to intimidate civil officials by threats of violence or prosecution, as soon as the troops were withdrawn, for acts performed in their official capacity. However, if there was but one paper in the county, then it was to have the county printing regardless of its editorial opinions. “Opposition to reconstruction, when conducted in a legitimate manner, is,” the order stated, “not to be considered an offence.” Violent and incendiary articles, however, were to be considered illegal,[1347] and newspapers were warned to keep within the bounds of legitimate discussion. The Ku Klux movement, especially after it was seen that Congress was going to admit the state, notwithstanding the defeat of the constitution, gave Meade some trouble. Its notices were published in various papers, and Meade issued an order prohibiting this custom. The army officers were ordered to arrest and try offenders. Only one editor came to grief. Ryland Randolph, the editor of the Independent Monitor, of Tuscaloosa, was arrested by General Shepherd and his paper suppressed for a short time.[1348]
General Meade was no negrophile, and hence under him there
The convention had passed ordinances which amounted to stay laws for the relief of debtors. In order to secure support for the constitution, it was provided that these ordinances were to go into effect with the constitution. Complaint was made that creditors were oppressing their debtors in order to secure payment before the stay laws should go into effect. Though opposed in principle to such laws, Meade considered that under the circumstances some relief was needed. The price of cotton was low, and the forced sales were ruinous to the debtors and of little benefit to the creditors. Therefore, in January, he declared the ordinances in force to continue, unless the constitution should be adopted. A later order, in May, declared that the ordinances would be considered in force until revoked by himself.[1350]
Trials by Military Commissions
When the ghostly night riders of the Ku Klux Klan began to frighten the carpet-baggers and the negroes, Meade directed all officials, civil and military, to organize patrols to break up the secret organizations. Civil officials neglecting to do so were held to be guilty of disobedience of orders. Where army officers raised posses
Nearly all prisoners arrested by the military authorities were turned over to the civil courts for trial. Military commissions were frequently in session to try cases when it was believed the civil authorities would be influenced by local considerations. The following list of such trials is complete: H. K. Quillan of Lee County and Langdon Ellis, justice of the peace of Chambers County, were tried for “obstructing reconstruction” and were acquitted; Richard Hall of Hale County, tried for assault, was acquitted;[1352] Joseph B. F. Hill, William Pettigrew, T. W. Roberts, and James Steele of Greene County were sentenced to hard labor for five years, for “whipping a hog thief, and threatening to ride him on a rail”;[1353] Samuel W. Dunlap, William Pierce, Charles Coleman, and John Kelley, implicated in the same case, were fined $500 each, and sentenced to one year’s imprisonment; Frank H. Munday, Hugh L. White, John Cullen, and Samuel Strayhorn, charged with the same offence, were each fined $500, and sentenced to hard labor for two years;[1354] Ryland Randolph, editor of the Monitor, was tried for “obstructing reconstruction” in his paper and for nearly killing a negro, and was acquitted. During the trial Busteed granted a writ of habeas corpus, and Meade and Grant both were prepared to submit to the decision of the court, but Randolph wanted the military trial to go on.[1355]
Meade was much irritated by the careless conduct of officers in reporting cases for trial by military courts which were unable to stand the test of examination. After frequent failures to substantiate
The Soldiers and the Citizens
The troops in the state during 1867 and 1868, though sadly demoralized as to discipline, gave the people little trouble except in the vicinity of the military posts. The records of the courts-martial show that the negroes were the greatest sufferers from the outrages of the common soldiers. The whites were irritated chiefly by the arrogant conduct of a few of the post commanders and their subordinates. At Mount Vernon, Frederick B. Shepard, an old man, was arrested and carried before Captain Morris Schoff, who shot the unarmed prisoner as soon as he appeared. For this murder Schoff was court-martialed and imprisoned for ten years.[1357] Johnson, the officer who arrested Judge Pope, was cordially hated in middle Alabama. He arrested a negro who refused to vote for the constitution; in a quarrel he took the crutch of a cripple and struck him over the head with it; hung two large United States flags over the sidewalk of the main street in Tuscaloosa, and when the schoolgirls avoided walking under them, it being well understood that Johnson had placed them there to annoy the women, he stationed soldiers with bayonets to force the girls to pass under the flags. For his various misdeeds he was court-martialed by Meade.[1358]
Most of the soldiers had no love for the negroes, carpet-baggers, and scalawags, and at a Radical meeting in Montgomery, the soldiers on duty at the capitol gave three groans for Grant, and
The soldiers sent to Hale County knocked a carpet-bag Bureau agent on the head, ducked a white teacher of a negro school in the creek, and cuffed the negroes about generally.[1360]
From Martial Law to Carpet-bag Rule
The act providing for the admission of Alabama in spite of the defeat of the constitution was passed June 25, 1868.[1361] Three days later Grant ordered Meade to appoint as provisional governor and lieutenant-governor those voted for[1362] in the February elections, and to remove the present incumbents.[1363] So Smith and Applegate were appointed as governor and lieutenant-governor, their appointments to take effect on July 13, 1868, on which date the legislature said to have been elected in February was ordered to meet.[1364]
Until the state should comply with the requirements of the Reconstruction Acts all government and all officials were to be considered as provisional only. The governor was ordered to organize both houses of the legislature, and before proceeding to business beyond organization each house was required to purge itself of any members who were disqualified by the Fourteenth Amendment.[1365]
A few days later, Congress having admitted the state to representation, Meade ordered all civil officials holding under the provisional civil government to yield to their duly elected successors. The military commander in Alabama was directed to transfer all property and papers pertaining to the government of the state to the proper civil authorities and for the future to abstain from any interference or control over civil affairs. Prisoners held for offences against the civil law were ordered to be delivered to state officials.[1366] This was, in theory, the end of military government in Alabama, though, in fact, the army retired into the background, to remain
The rule of the army had been intensely galling to the people, but it was infinitely preferable to the rÉgime which followed, and there was general regret when the army gave way to the carpet-bag government. In January, 1868, a day of fasting and prayer was observed for the deliverance of the state from the rule of the negro and the alien.
THE CAMPAIGN OF 1867
Attitude of the Whites
In the preceding chapter the part of the army in executing the Reconstruction Acts has been set forth. In the three succeeding chapters I shall sketch the political conditions in the state during the same period. The people of Alabama had, for several months before March, 1867, foreseen the failure of the President’s attempt at Reconstruction. The “Military Reconstruction Bill” was no worse than was expected; if liberally construed, it was even better than was expected. And there was a possibility that Reconstruction under these acts might be delayed and finally defeated. Though President Johnson was said to be hopeful of better times, the people of Alabama were decided that no good would come from longer resistance. A northern observer stated that they were so fearfully impoverished, so completely demoralized, by the break-up of society after the war, that they hardly comprehended what was left to them, what was required of them, or what would become of them. Still, they had a clear conviction that Johnson could do no more for them. Every one, except the negroes, was too much absorbed in the struggle for existence to pay much attention to politics. The whites seemed generally willing to do what was required of them, or rather to let affairs take their own course and trust that all would go well. They had given up hope of an early restoration of the Union, but the Radicals, they thought, could not rule forever.[1368]
On March 19, 1867, Governor Patton published an address advising acquiescence in the plan of Congress. He had all along been opposed to Radical Reconstruction, but he now saw that it could not be avoided and wished to make the best of it. He said that a few thousand good men would be disfranchised, but that there were other
Other prominent men advised the people to accept the plan of Congress and to participate in the Reconstruction. Nearly all the leading papers of the state, in order to make the best of a bad situation, now supported congressional Reconstruction. Consequently, when General Pope arrived in April, the people were ready to accept the situation in good faith, and desired that he should make a speedy registration of the voters and end the agitation.[1371] Even at this late date the southern people seem not to have foreseen the inevitable results of this revolution in government.[1372]
The Organization of the Radical Party
While a large number of the influential men of the state were ready to accept the situation, “not because we approve the policy of the reconstruction laws, but because it is the best we can do,” and while a larger number were more or less indifferent, there were many who were opposed to Reconstruction on any such terms, preferring a continuance of the military government until passions were calmer and a more liberal policy proposed. There was, however, no organized opposition to Reconstruction for two months or more, and even then it was rendered possible only by the arbitrary conduct of General Pope and the violent agitation carried on among the negroes by the Radical faction. For several months, in the white counties of north Alabama the so-called “loyal” people, reËnforced by numbers of the old “Peace Society” men, had been holding meetings looking toward organization in order to secure the fruits of Reconstruction. These meetings were continued, and by them it was declared that the people of Alabama were in favor of Reconstruction by the Sherman Bill, to which only the original secession leaders were opposed, and the Sherman plan, negro suffrage and all, was indorsed as a proper punishment for the planters.[1373] After the beginning of congressional Reconstruction, however, the centre of gravity in the Radical party shifted to the Black Belt, and no one any longer paid serious attention
To counteract the effect of these meetings, the “moderate” reconstructionists held a meeting in Mobile, April 19, presided over by General Withers, the mayor of the city. Several influential citizens and also a number of colored men were vice-presidents. Judge Busteed, a “moderate” Radical, spoke, urging all to take part in the Reconstruction and not leave it to the ignorant and vicious. Resolutions were passed to the effect that the blacks would be accorded every legal right and privilege. The “moderate” spirit of Pope was
A state convention of negroes was called by white Radical politicians to meet in Mobile on May 1, and in all of the large towns of the state meetings to elect delegates were held under the guidance of the Union League. The delegates came straggling in, and on May 2 and 3 the convention was held. It at once declared itself “Radical,” and condemned the efforts of their oppressors who would use unfair and foul means to prevent their consolidation with the Radical party. Swayne and Pope were indorsed, a standing army was asked for to protect negroes in their political rights, and demand was made for schools, to be supported by a property tax. Violations of the Civil Rights Bill should be tried by military commission, and the Union League was established in every county. Finally, the convention resolved that it was the undeniable right of the negro to hold office, sit on juries, ride in any public conveyances, sit at public tables, and visit places of public amusement.[1378]
The Alabama Grand Council of the Union League, the machine of the Radicals in Alabama,[1379] met in April and formulated the principles upon which the campaign was to be conducted. Congress was thanked for putting the reorganization of the state into the hands of “Union” men; the return to the principle that “all men are created equal” and its application to a “faithful and patriotic class of our fellow-men” was hailed with joy; any settlement which denied the ballot to the negro could not stand, they asserted; and “while we believe that rebellion is the highest crime known to the law, and that those guilty of it hold their continued existence solely by the clemency of an outraged but merciful government, we are nevertheless willing to imitate that government in forgiveness of the past, and to reclaim to the Republican Union party all who, forsaking entirely the principles on which the rebellion was founded, will sincerely and earnestly unite with us in establishing and maintaining for the future a government of equal rights and unconditional loyalty;” “we consider
On May 14, Judge “Pig Iron” Kelly of Pennsylvania spoke in Mobile to an audience of one hundred respectable whites and two thousand negroes, the latter armed. His language toward the whites was violent and insulting, an invitation for trouble, which inflamed both races. A riot ensued for which he was almost solely to blame.[1385] Several whites were killed or wounded and one negro. From the guarded report of General Swayne it was evident that the blame lay upon Kelly for exciting the negroes. It was a most unfortunate affair at a critical period, and the people began to understand the kind of control that would be exercised over the blacks by alien politicians.[1386]
In May the Alabama Sentinel, a short-lived reconstructionist newspaper in Montgomery, assisted by a negro mass-meeting, nominated Grant for the presidency and Busteed for vice-president. The platform demanded that the negro have his rights at once or upon his oppressors must fall the consequences. The Republican party was indorsed as the negro party, the only party that had done anything for the negro.[1387]
When the registrars were appointed it was necessary, in order to get competent men, to import both blacks and whites into some districts. The whites were brought from north Alabama or sent out from the Bureau contingents in the towns. They were members of the Union League, and it was a part of their duty to spread that
On June 4, 1867, a “Union Republican Convention” met in Montgomery, and at the same time the Union League held its convention. The Union League was merely a select portion of the Union Republican Convention and met at night to slate matters for the use of the convention next day. F. W. Sykes of Lawrence County[1389] was chairman pro tem., and William H. Smith of Randolph County was permanent chairman.[1390] The delegates to the convention
Conservative Opposition Aroused
Though the leaders complained of the “appalling apathy of the whites in political matters,”[1397] a change was coming. The teachings of the Radicals were beginning to have effect on the negroes, some of whom were becoming hostile to the whites and were resisting the white officers of the civil government. Their old belief in “forty acres of land and a mule” was revived by the speeches of Thaddeus Stevens, which were widely circulated by the agents of the Union League, who were sent through the country to distribute the speeches and to organize the movement resulting from it. Many of the whites now began to believe that at last confiscation would be enforced and that the negroes and low whites of the Union League would become the landowners.[1398] Clanton had been at work for two months, and on July 23, as chairman of the state committee of the Conservative party, called a convention of that party to meet in Montgomery on September 4.[1399] Meetings of the Conservative party were held in the larger towns. A slight hope was entertained that the whites might be able, by uniting, to obtain some representation in the convention. At a meeting in Montgomery, in August, Joseph Hodgson[1400] urged the
Although strenuous efforts were made to secure a large attendance at the Conservative convention in September, there were only thirteen of the sixty-two counties represented. General M. J. Bulger was chosen to preside. Resolutions were adopted asserting the old constitutional view of the Federal government and declaring that the present state of affairs was destructive of federal government, in which each state had the absolute right to regulate the suffrage. An appeal was made to the negroes not to follow the counsels of bad men and designing strangers. The convention favored the education of the negro so as to fit him for his moral and political responsibilities.[1403]
About the time of the meeting of the Conservative convention an event occurred which showed the results of the teachings of the Radical leaders. A plan was formed by the more violent blacks to prevent the meeting of the Conservatives. Some of the more sensible negroes used their influence as a “Special Committee on the Situation” to prevent the attempt to break up the convention, and L. J. Williams, a prominent negro politician, was the chairman of the committee. The white Radicals did nothing to prevent violence. Later a negro Conservative speaker was mobbed by the negroes and was rescued only by the aid of General Clanton. Other negroes who sided with the whites were expelled from their churches.[1404]
The registrars continued to instruct “that part of the population
The Elections; the Negro’s First Vote
The elections, early in October, were the most remarkable in the history of the state. For the first time the late slaves were to vote, while many of their former masters could not. Of the 65 counties in Alabama, 22 had negro majorities (according to the registration) and had 52 delegates of the 100 total, and in nearly all of the others the negro minority held the balance of power.[1405] To control the negro vote the Radicals devoted all the machinery of registration and election, of the Union League, and of the Freedmen’s Bureau. The chiefs of the League sent agents to the plantation negroes, who were showing some indifference to politics, with strict orders to go and vote. They were told that if they did not vote they would be reËnslaved and their wives made to work the roads and quit wearing hoopskirts.[1406] In Montgomery County, the day before election, the Radical agents went through the county, summoning the blacks to come and vote, saying that Swayne had ordered it and would punish them if they did not obey. The negroes came into the city by thousands in regularly organized bodies, under arms and led by the League politicians, and camped about the city waiting for the time to vote. The danger of outbreak was so great that the soldiers disarmed them. They did not know, most of them, what voting was. For what or for whom they were voting they knew not,—they were simply obeying the orders of their Bureau chiefs.[1407] Likewise, at Clayton, the negroes were driven to town and camped the day before the election
In Marengo County the Bureau and Loyal League officers lined up the negroes early in the morning and saw that each man was supplied with the proper ticket. Then the command, “Forward, March!” was given, the line filed past the polling place, and each negro deposited his ballot. About twelve o’clock a bugle blew as a signal to repeat the operation, and all the negroes present, including most of those who had voted in the morning, lined up, received tickets, and voted again. Late in the afternoon the farce was gone through the third time. Any one voted who pleased and as often as he pleased.[1409]
In Dallas County the negroes were told that if they failed to vote they would be fined $50. The negroes at the polls were lined up and given tickets, which they were told to let no one see. However, in some cases the Conservatives had also given tickets to negroes, and a careful inspection was made in order to prevent the casting of such ballots. The average negro is said to have voted once for himself and once “for Jim who couldn’t come.” The registration lists were not referred to except when a white man offered to vote. Most of the negroes had strange ideas of what voting meant. It meant freedom, for one thing, if they voted the Radical ticket, and slavery if they did not. One negro at Selma held up a blue (Conservative) ticket and cried out, “No land! no mules! no votes! slavery again!” Then holding up a red (Radical) ticket he shouted, “Forty acres of land! a mule! freedom! votes! equal of white man!” Of course he voted the red ticket. Numbers of them brought halters
The election went overwhelmingly for the convention and for the Radical candidates. The revision of the voting lists before election struck off the names of many “improper” whites and placed none on the list; with the negroes the reverse was true. The whites had no hope of carrying the elections in most of the counties, and as the negroes were intensely excited, and as trouble was sure to follow in case the whites endeavored to vote or to control the negro vote, most of the Conservatives refrained from voting. Even at this time a large number of people were unable to believe seriously that the negro voting had come to stay. To them it seemed something absurd and almost ridiculous except for the ill feelings aroused among the negroes. Such a state of affairs could not last long, they thought. Two Conservative delegates and ninety-eight Radical delegates were elected to the convention.[1412]
THE “RECONSTRUCTION” CONVENTION
Character of the Convention
The delegates elected to the convention were a motley crew—white, yellow, and black—of northern men, Bureau officers, “loyalists,” “rebels,” who had aided the Confederacy and now perjured themselves by taking the oath, Confederate deserters, and negroes.[1413] The Freedmen’s Bureau furnished eighteen or more of the one hundred members. There were eighteen blacks.[1414] Thirteen more of the members had certified, as registrars, to their own election and with six other members had certified to the election of thirty-one, nineteen of whom were on the board of registration. No pretence of residence was made by the northern men in the counties from which they were elected. Several had never seen the counties they represented, a slate being made up in Montgomery and sent to remote districts to be voted for. Of these northern men, or foreigners, there were thirty-seven or thirty-eight, from Maine, Massachusetts, Connecticut, Vermont, New York, Pennsylvania, Ohio, Iowa, New Jersey, Illinois, Ireland, Canada, and Scotland.[1415] The native whites were for the most
The carpet-baggers intended that the convention should be purged of “improper” persons, and one of them proposed that the test oath be taken. This aroused opposition on the part of the ex-“rebels,” who did not care to perjure themselves more than was necessary. Coon of Iowa then proposed a simple oath to support the Constitution, which after some wrangling was taken.[1419] Caraway, a negro, wanted no chaplain to officiate in the convention who had not remained loyal to the United States. Skinner of Franklin said: “Let none offer prayer who are rebels and who have not fought under the stars and stripes.” This was to prevent such reverend members of the convention as Deal of Dale from officiating. Finally, the president was empowered to appoint the chaplain daily. A colored chaplain was called upon once in a while, and one of them invoked the blessings of God on “Unioners and cusses on rebels.”[1420]
The president was directed to drape his chair with two “Federal” flags. Generals Pope and Swayne, and Governor Patton, as friends of Reconstruction, were invited to seats in the convention and were asked to speak before the body. Pope was becoming somewhat nervous at the conduct of the supreme rulers of the state and in his speech counselled moderation and fairness. He also commended them for the “firmness and fearlessness with which you have conducted the late campaigns,” and congratulated them upon “the success which has thus far crowned your efforts in the pacification of this state and its restoration to the Union.”[1422] The most radical members of the convention were bringing pressure to bear to force Pope to declare vacant at once all the offices of the provisional government and fill them with reconstructionists. In this they were aided by northern influence. Pope, however, refused to make the change, and thus displeased the Radicals, who wanted offices at once.[1423]
The first ordinance of the convention reconstructed Jones County, named for a Confederate colonel, out of existence, and the second, third, and fourth arranged for the pay of the convention. The president received $10 a day and the members $8 each; the clerks from $6 to $8, and the pages $4.[1424] The president and members received 40 cents as mileage for each mile travelled. To cover these expenses an additional tax of 10 per cent on taxes already assessed was levied. The comptroller refused to pay the members until ordered by Pope.
The Race Question
The colored delegates brought up the negro question in several forms. First, Rapier of Canada wanted a declaration that negroes were entitled to all the privileges and rights of citizenship in Alabama.[1426] Then Strother of Dallas demanded that the negroes be empowered to collect pay from those who held them in slavery, at the rate of $10 a month for services rendered from January 1, 1863, the date of the Emancipation Proclamation, to May 20, 1865. An ordinance to this effect was actually adopted by a vote of 53 to 31.[1427] The scalawags, as a rule, wished to prohibit intermarriage of the races, and Semple of Montgomery reported an ordinance to that effect. He would prohibit intermarriage to the fourth generation. The negroes and carpet-baggers united to vote this down, which was done by a vote of 48 to 30. Caraway (negro) of Mobile wanted life imprisonment for any white man marrying or living with a black woman, but he said it was against the Civil Rights Bill to prohibit intermarriage. This seems to have irritated the scalawags. Gregory (negro) of Mobile wanted all regulations, laws, and customs wherein distinctions were
Caraway (negro) of Mobile succeeded in having an ordinance passed directing that church property used during slavery for colored congregations be turned over to the latter.[1430] Some of this property was paid for by negro slaves and held in trust for them by white trustees. Most of it, however, belonged to the planters, who erected churches for the use of their slaves.
Not much was said about separate or mixed schools for the races. There was a disposition on the part of the leaders to keep such questions in the background for a time in order to prevent irritating discussions. A proposition for separate schools was voted down on the ground that it was better for the children of both races to go to school together and wear off their prejudices. This was the carpet-baggers’ view, but most of the blacks finally voted against a measure providing for mixed schools, because, they said, they did not want to send their children to school with white children. The matter was hushed up and left unsettled.[1431]
In spite of efforts to keep the question in the background, the social equality of the negro race was demanded by one or two
Debates on Disfranchisement
The debates on the question of suffrage were the most extended and showed the most violent spirit on the part of most of the members. Dustan of Iowa proposed that the new constitution should in no degree be proscriptive, but his resolution was voted down by a vote of 30 to 51. Some of the negroes voted for it.[1435] Rapier (negro) proposed that the convention memorialize Congress to remove the political disabilities of those who might aid in reconstruction according to the plan of Congress. This was adopted and Griffin, the most radical member of the committee, was made chairman to make merciful recommendations. Gardner of Massachusetts, representing Butler County, said that there were persons in the state who should have been tried and convicted of felony and would thus have been disfranchised, but owing to fault of courts and juries they were not convicted. He wanted a special commission to disfranchise such persons. The majority report on the franchise[1436] called for the disfranchisement of those who had mistreated Union prisoners, those who were disfranchised by the Reconstruction Acts, and those who had registered under the acts and had later refrained from voting. Such persons were not to be allowed to vote, register, or hold office. An oath was to be taken repudiating belief in the doctrine of secession, accepting the civil and political equality of all men, and agreeing never to attempt to limit the suffrage. “The only question is,” they reported, “whether we have not been too liberal.” It was necessary that all who registered be forced to vote in the election on pain of being
The minority report[1438] objected to going beyond the acts of Congress in disfranchising whites. Lee (negro) said that such a course would endanger the ratification of the constitution and if the negroes did not get their rights now, they would never get them. He wanted his rights at the court-house and at the polls and nothing more. Charity and moderation would be better than proscription.[1439] Speed said that the measure would disfranchise from 30,000 to 40,000 men beyond the acts of Congress.[1440] Griffin of Ohio, speaking in favor of the majority report, said that “the infernal rebels had acted like devils turned loose from hell,” and that his party could not stand against them in a fair political field; and therefore proscription was necessary. Another advocate of sweeping disfranchisement wanted all the leading whites disfranchised until 1875, in order to prevent them from regaining control of the government.[1441]
Numerous amendments were offered to the majority report. Haughey of Scotland wanted to disfranchise all Confederates above the rank of captain, and all who had held any civil office anywhere, or who had voted for secession. A stringent test oath was to discover the disabilities of would-be electors. Again, he wanted every elector to prove that on November 1, 1867, he was a friend of the Reconstruction Acts. He would have voters and office-holders swear to accept the civil and political equality of all men, and to resist any change, and also swear that they had never held office, aided the Confederacy, nor given aid or comfort to Confederates.[1442] Nearly all the amendments included a provision forcing the voter or office-holder to accept the political and civil equality of all men,
D. H. Bingham of New York thought that voters should swear that on March 4, 1864, they preferred the United States government to the Confederacy, and would have abandoned the latter had they had the opportunity.[1444] Applegate thought that no citizen, officer, or editor who opposed congressional Reconstruction ought to be permitted to vote before 1875.[1445] Silsby of Iowa would also exclude from the suffrage those who had killed negroes during the last two years, who opposed Reconstruction, or dissuaded others from attending the election.[1446] Garrison of Blount wanted to disfranchise those who were in the convention of 1861 and voted for secession, Confederate members of Congress who voted for the conscription law, those disfranchised by the Reconstruction Acts, Confederates above the rank of captain, and state and Confederate officials of every kind above justice of the peace and bailiff.[1447] Skinner of Franklin wanted to disfranchise enough rebels to hold the balance of power. “We have the rod over their heads and intend to keep it there.”[1448] The most liberal amendments were proposed by Peters of Lawrence, who would continue the disfranchisement made by Congress unless the would-be voter would swear that he was in favor of congressional Reconstruction. Rapier (negro) would have all disabilities removed by the state as soon as they were removed by Congress.[1449] The price of pardon in all ordinary cases was support of congressional Reconstruction.
The debate lasted for four days, and it was all that Swayne could do to prevent a division in the Radical party. An agent was sent to Washington for instructions. The violent character of the proceedings of the convention made the northern friends of Reconstruction nervous, and Horace Greeley persuaded Senator Wilson to exert his influence to prevent the adoption of extreme measures by the convention. Wilson wrote to Swayne that the convention and especially such men as D. H. Bingham were doing much harm to
Legislation by the Convention
The convention organized a new militia system, giving most of the companies to the black counties. All officers were to be loyal to the United States, that is, they were to be reconstructionists. No one who was disfranchised could enlist. The proceeds of the sale of contraband and captured property taken by the militia were to be used in its support.[1456] Stay laws were enacted to go into force with the adoption of the constitution, also exemption laws which exempted from sale for debt more property than nineteen-twentieths of the people possessed.[1457] The war debt of Alabama was again declared void, and the ordinance of secession stigmatized as “unconstitutional, null and void.”[1458] Contracts made during the war, when the consideration was Confederate money, were declared null and void at the option of either party, as were also notes payable in Confederate money and debts made for slaves. Bingham forced through an ordinance providing for a new settlement in United States currency of trust estates settled during the war in Confederate securities.[1459] Judicial decisions in aid of the war were declared void. Defendants in civil cases against whom judgment was rendered during the war were entitled to a revision or to a new trial.[1460]
The negroes were complaining about the cotton tax, and a memorial was addressed to Congress, asking for its repeal on the ground that when the tax was imposed the state had no voice in the government; that it was oppressive, amounting to 20 per cent of the gross value of the cotton crop, and fell heavily on the negroes, who were the principal producers; that for two years the tax had made cotton cultivation unprofitable, and had driven away capital.[1461]
An ordinance was passed to protect the newly enfranchised negro voters. The penalty for using “improper influence” and thereby deceiving or misleading an elector was to be not less than one nor more, than ten years’ imprisonment or fine of not more than $2000. The election was ordered for February 4, 1868, to be held under direction of the military commander. In order to bring out a large number of voters, elections were ordered for the same time for all state and county officers, and for members of Congress—several thousand in all. The officers thus elected were to enter at once upon their duties, and hold office for the proper term of years, dating from the legal date for the next general election after the admission of the state.[1463]
Among the scalawag members of the convention, who saw that the carpet-baggers would rule the land by controlling the negro vote, there was much dissatisfaction and at length open revolt. Nine members signed a formal protest against the proposed constitution, stating that a government framed upon its provisions would entail upon the state greater evils than any that then threatened.[1464] Another member protested against the test oath, against the extension of proscription, and against the absence of express provision for separate schools.[1465] The constitution was adopted by a vote of 66 to 8, 26 not voting. A few days after the adjournment, 15 or 20 scalawag members united in an address to the people of Alabama, protesting against the proposed constitution because it was more proscriptive than the acts of Congress, because of the test oath, because the course of the convention had shown that the government would be in the
Just before the convention adjourned, Caraway (negro) offered a resolution, which was adopted, stating that the constitution was founded on justice, honesty, and civilization, and that the enemies of law and order, freedom and justice, were pledged to prevent its adoption. But he asserted that God would strengthen and assist those who did right; therefore he advised that a day be set apart “whereby the good and loyal people of Alabama can offer up their adorations to Almighty God, and invoke His aid and assistance to the loyal people of the state, while passing through the bitter strife that seems to await them.”[1467]
A study of the votes and debates leads to the following general conclusion: The majority of the scalawags were ready to revolt after finding that the carpet-bag element had control of the negro vote; the negroes with a few exceptions made no unreasonable and violent demands unless urged by the carpet-baggers; the carpet-baggers with a few extreme scalawags were disposed to resort to extreme measures of proscription in order to get rid of white leaders and white majorities, and to agitate the question of social equality in order to secure the negroes, and to drive off the scalawags so that there would be fewer with whom to share the spoils.[1468]
THE “RECONSTRUCTION” COMPLETED
“Convention” Candidates
The debates in the convention over mixed schools, proscription, militia, and representation had seemingly resulted in a division between the carpet-baggers, who controlled the negroes, and the more moderate scalawags. The carpet-baggers and extreme scalawags of the convention resolved themselves into a body for the nomination of candidates for office. This body formed the state Union League convention. Of the 101 delegates to the convention, 67 or 68 had signed the constitution, and of these at least 56 were candidates for office under it. Full tickets were nominated by the convention and by the local councils of the Union League. In the black counties only members of the League were nominated, and it was practically the same in the white counties, where the League then had but few members. Nearly all the election officials were candidates. Men represented one county in the convention, and were candidates in others for office.[1469]
| Name | Nativity | Candidate for |
| Ben Alexander | Negro | Legislature |
| A. J. Applegate | Ohio and Wisconsin | Lieutenant Governor |
| W. A. Austin | Negro | State Senate |
| Arthur Bingham | New York | State Treasurer |
| W. H. Black | Ohio | Probate Judge |
| W. T. Blackford | Illinois | Probate Judge |
| Samuel Blandon | Negro | Legislature |
| Mark Brainard | New York | Clerk Circuit Court |
| Alfred E. Buck | Maine | Clerk Circuit Court |
| C. W. Buckley | New York, Mass., and Illinois | Congress |
| W. M. Buckley* | New York and Massachusetts | State Senator |
| J. H. Burdick | Iowa | Probate Judge |
| John Caraway | Negro | Legislature |
| Pierce Burton | Massachusetts | Legislature |
| J. Collins | North | State Senate |
| Datus E. Coon | Iowa | State Senate |
| Tom Diggs | Negro | Legislature |
| Charles W. Dustan | Iowa | Major-General Militia |
| S. S. Gardner | Massachusetts | Legislature |
| George Ely | New York, Conn., and Mass. | Probate Judge |
| Peyton Finley | Negro | Legislature |
| Jim Green | Negro | Legislature |
| Ovide Gregory | Negro | Legislature |
| Thomas Haughey | Scotland | Congress |
| G. Horton | Massachusetts | Probate Judge |
| Benjamin Inge | Negro | Legislature |
| A. W. Jones* | Alabama | Probate Judge |
| Columbus Jones | Negro | Legislature |
| John C. Keffer | Pennsylvania | Supt. of Industrial Resources |
| S. F. Kennemer | Alabama | Legislature |
| Tom Lee | Negro | Legislature |
| David Lore | Negro (?) | Legislature |
| J. J. Martin | Georgia | Probate Judge |
| B. O. Masterson | Unknown | Legislature |
| C. A. Miller | Massachusetts and Maine | Secretary of State |
| Stephen Moore* | Alabama (?) | Senate |
| A. L. Morgan | Indiana | Clerk Circuit Court |
| J. F. Morton* | Unknown | Senate |
| B. W. Norris | Maine | Congress |
| E. W. Peck | New York | Chief Justice |
| Thomas M. Peters | Tennessee | Supreme Court |
| G. P. Plowman | Alabama | Probate Judge |
| R. M. Reynolds | Iowa | Auditor |
| Benjamin Rolfe | New York | Tax Collector |
| B. F. Royal | Negro | Senate |
| B. F. Saffold | Alabama | Supreme Court |
| J. Silsby* | Massachusetts | Clerk Circuit Court |
| C. P. Simmons | Tennessee | Commissioner |
| William P. Skinner | Alabama | Chancellor |
| L. R. Smith* | Massachusetts | Circuit Judge |
| H. J. Springfield* | Alabama | Legislature |
| N. D. Stanwood* | Maine and Massachusetts | Legislature |
| J. P. Stow | Connecticut | Senate |
| Littleberry Strange | Georgia | Circuit Judge |
| James R. Walker* | Georgia | Sheriff |
| B. L. Whelan | Georgia, Ireland, and Mich. | Circuit Judge |
| C. O. Whitney | North | Senate |
| J. A. Yordy | North | Senate[1470] |
Campaign on the Constitution
The campaign in behalf of the constitution did not differ in character from that in behalf of the convention. The Radical candidates for office, working through the Union League, drilled the negroes in the proper political faith. Nearly all the whites having gone over to the Conservatives, or withdrawn from politics, little or no attention was paid to the white voters. All efforts were directed toward securing the negro vote. Agents were sent over the state by the League to organize the negroes, who were again told the old story: If the constitution is not ratified, you will be reËnslaved and your wives will be beaten and your children sold; if you do not get your rights now you will never get them. A subsidized press[1476] distributed campaign stories among those negroes who could read, and they spread the news. In this way the remotest darky heard that he was sure to return to slavery if the constitution failed of ratification.[1477] The Union League assessed its members, especially
The Radicals were forced by the general denunciation of the constitution, both in the North and in the South, to make some statement in regard to the matter. So on January 2, 1868, the Radical campaign committee issued an address stating that there had been general and severe criticism of some features of the constitution, and that Congress would expect a revision, though the state would be admitted promptly even before revision. The existence of political disabilities need not fetter the party, the address stated, in the choice of a candidate. A Republican nomination was a proof that the candidate was a “proper” person, and his disabilities would be at once removed. This was a way to mitigate the proscription.[1479]
From the first the Conservatives[1480] had no hope of carrying the election against the reconstructionists, who had control of the machinery of election and were supported by the army and the government. There was little organized opposition to the convention election, because the people were indifferent and because the leaders feared that a contest at the polls would result in riots with the negroes. To the Conservatives the convention at first was a joke; the disposition was rather to stand off and keep quiet, and let the Radicals try their hands for a while; they could not stay in power forever. Later, the violent opinions and extreme measures of the convention excited the alarm of many of the whites; the moderate reconstructionists deserted their party; a large minority of the convention refused to sign the constitution; and a number made formal protests. The nomination of candidates by the Union League membership of the convention and the character of the nominees showed that rule by alien and negro was threatened. The Conservative party, now embracing nearly all the whites except the Radical candidates, determined to oppose the ratification of the constitution. Many of the whites,[1481] now thoroughly discouraged, left the state forever—going
On December 10 a number of the delegates to the convention, some of whom had signed the constitution, united in an address to the people advising against its adoption. All of them were native whites and former reconstructionists. They declared that under the proposed government designing knaves and political adventurers, who had a jealous hatred of the native whites, would use the blacks for their own selfish purposes; that this was clearly shown in the convention when the black delegation, with one honorable exception, moved like slaves at the command of their masters.[1483] Several hundred citizens sent a petition to the President, setting forth that some of the delegates to the convention were not residents of the state, that others did not, and had not, resided in the counties which they pretended to represent, and that others belonged to the army or were officials of the Freedmen’s Bureau, and were thus not legally qualified to sit in the convention. The petitioners asked for an investigation.[1484] One of the delegates, Graves of Perry County, took the stump against the constitution framed by “strangers, deserters, bushwhackers, and perjured men,” who were characterized by “a fiendish desire to disqualify all southern men from voting or holding office who are unwilling to perjure themselves with a test oath.”[1485]
The so-called “White Man’s Movement” in Alabama is said to have been originated in 1867, by Alexander White and ex-Governor L. E. Parsons.[1486] At a Conservative meeting in Dallas County, in January, 1868, the former offered a series of resolutions declaring that American institutions were the product of the wisdom of white men and were designed to preserve the ascendency of the white race in political affairs; that the United States government was a white man’s government, and that white men should rule America; that the negro was not fit to take part in the government, as he had never achieved civilization nor shown himself capable of directing the affairs of a nation; that the right of suffrage was the fountain of all political power, therefore the negro should not be invested with
The Conservative executive committee decided to advise the whites to refrain from voting, and thus defeat the constitution by taking advantage of the law requiring a majority of the registered voters to vote on the question of ratification before the constitution could be ratified. No nominations for office were made for fear that some whites might thus vote on the constitution, and also for fear of conflicts between the races in case of contest at the polls. All were advised to register and to remain away from the polls on election day. It was thought that less irritation would be caused in Congress and elsewhere if the constitution failed in this way than if it were voted down directly. The whites could be more easily persuaded to remain away than to go to the polls, and fewer negroes would vote if the whites did not vote. The people were urged to form organizations to carry out this non-participating programme.[1488]
In every county in the state the Conservatives held meetings, opposing the constitution and pledging all the whites to stay away from the polls. The Conservative press from day to day made known new objections to the constitution: it exempted from sale for debt $3000 worth of property,—whereas the old constitution exempted $500,—and this would exempt every Radical in the state from paying his debts; the power of taxation was in the hands of the non-taxpayers; the distribution of representation was unequal, favoring the black counties;[1489] mixed schools and amalgamation of the races were not forbidden, but were encouraged by the reconstructionists; a large number of whites were disfranchised from voting or holding office,[1490] while all the blacks were enfranchised; the test oath required all voters to swear that they would accept the political equality of the
Under the proposed constitution it was certain that for a while the government would be in the hands of the extremest Radical clique. The machinery, of the Radical party, of the registration and elections and the candidates nominated by the League were of this faction. The continued rule of the military was preferred by the whites to the rule of the carpet-baggers and the negro. Another reason why the Conservatives wished to keep the state out of the Union still longer was to prevent its electoral vote from being cast for Grant in the fall of 1868. During 1865 and 1866 Grant’s moderate opinions had won the regard of many of the people, but his course during the last year had caused him to be intensely disliked. Though many meetings were held in opposition to the constitution, the campaign on the Conservative side was quiet and unexciting. The thirtieth day of January was set apart as a day of fasting and prayer to deliver the people of Alabama “from the horrors of negro domination.”[1492]
Vote on the Constitution
The registration before the election of delegates to the convention was 165,123,[1493] of whom 61,295 were whites and 104,518 were blacks. Registration continued, and all the eligible whites registered. It is probable that more whites than negroes registered during December and January. And the revision demanded by all honest people
The registrars were those who had been appointed by Pope in 1867. More than half of them were candidates for election to office. Meade was not favorably impressed with the character of the candidates nominated by the constitutional convention and by the local councils of the Union League, and he advised against holding the election for officers at the same time that the vote was taken on the constitution. He thought that the nominees were not such men as the friends of Reconstruction would choose if they had a free choice. He believed that the ratification would be seriously affected if these candidates were to be voted for at the same time. Swayne admitted the force of the objection, but was afraid that a revocation of the permission to elect officers at the same time would be disastrous to Reconstruction. Later he agreed that the two elections should not be held at the same time. But Grant objected to making the change, and the election went on.[1497]
General Hayden, Swayne’s successor, removed a dozen or more of the registrars who were candidates for important offices,[1498] and in consequence was abused by the Radicals, who accused him of “hobnobbing with the rebels.” He was “utterly loathed by loyal men,” and they at once began to work for his removal.[1499] Every
The elections were to begin on February 4 and last for two days. At the suggestion of General Grant the time was extended to four days, and a storm coming on the first day, instructions were sent out to keep the polls open until the close of the 8th of February. But in the remote counties no notice of the extension of time was received. There were three voting places in each county and a person might vote at any one of them (or at all of them if he chose). Late instructions ordered election officials to receive the vote of any person who had registered anywhere in the state. Of the 62 counties, 20 voted four days; 13, two days; 27, five days; and in 2 there were no elections.[1500]
Besides being told the old stories of returning to slavery, of forty acres and a mule, of social rights, etc., various new promises were made to the negroes. One was promised a divorce if he would vote for Reynolds as Auditor, and it was said that Reynolds kept his promise, and saw that the negro afterward secured it. Numerous negro politicians were, according to promise, relieved from “the pains of bigamy” by the first Reconstruction legislation. The discipline of the League was brought to bear on indifferent black citizens, and by threats of violence or of proscription many were driven to the polls. On February 3 the negroes began to flock to the voting places, each with a gun, a stick, a dog, and a bag of rations, as directed by their white leaders. It was again necessary for them to vote “early and often.” The Radical candidates were desperately afraid that the constitution would fail of ratification, and every means was taken to swell the number of votes cast. Many negroes voted rolls of tickets given them by the candidates. They voted one day in one precinct, and the next day in another, or several times in the same place. Little attention was paid to the registration lists, but every negro over sixteen who presented himself was allowed to vote. Hundreds of negro boys voted; it was said that none were ever turned away. Where the whites had men at the polls to challenge voters, it was found almost impossible to follow the lists because so many of the negroes had changed their names since registration.
The Constitution fails of Adoption
The result of the voting was: for the constitution, 70,812 votes; against it, 1005. The 18,000 white votes for the convention had dwindled down to 5000 for the constitution. For ratification, 13,550 more votes were necessary, and the ratification had failed. So General Meade reported. The reasons for the falling off of the white vote have already been indicated. The black vote fell off also. One cause of this was the chilling of the negro’s faith in his political leaders, who had made so many promises about farms, etc., and had broken them all. Many of the old aristocratic negroes
The Radicals explained the result of the election by asserting that many whites were registered illegally, foreigners, minors, etc., that the voters were intimidated by threats of violence, social ostracism, and discharge from employment; that the voting places were too few and the time too short in many of the counties; that there was a great storm and the rivers were flooded, preventing access to the polls in some places;[1508] that the Conservatives interfered with the votes, and tore off that part of the ballot that contained the vote on
After a thorough investigation General Meade reported that the election had been quiet, and that there had been no disorder of any kind; that there had been no frauds in mutilating negroes’ tickets by tearing off the vote for the constitution, and that the other charges of fraud would prove as illusive; that the vote for the governor and other officials was less than that for the constitution; and that a more liberal constitution would have commanded a majority of votes. He said, “I am satisfied that the constitution was lost on its merits;” that the constitution was fairly rejected by the people, under the law requiring a majority of the registered voters to cast their ballots for or against, and that this rejection was based on the merits of the constitution itself was proved by the fact that out of 19,000 white voters for the convention, there were only 5000 for
When the Radicals began to make an outcry about fraud, Meade complained that they were not specific in their charges, and told the leaders to get their proofs ready. The state Radical Executive Committee issued instructions for all Radicals to collect affidavits concerning high water, storms, obstruction, fraud, violence, intimidation, and discharge, and send them to the Radical agents at Washington, who were urging the admission of the state, notwithstanding the rejection of the constitution. They refused to send these reports to Meade, who was not in sympathy with the Radical programme. Many of what purported to be affidavits of men discharged from employment for voting were printed for the use of Congress. Most of them were signed by marks and gave no particulars. The usual statement was “for the reason of voting at recent election.”[1512]
C. C. Sheets, a native Radical, speaking of the failure of the ratification, declared that a year earlier the state might have been reconstructed according to the plan of Congress, but a horde of army officers sent South, followed by a train of office-seekers, went into politics, and these “with the help of a class here at home even less fit and less honest,” if possible, had disgusted every one.[1514]
While waiting for Congress to act, the so-called legislature met, February 17, 1868, at the office of the Sentinel in Montgomery. Applegate, the candidate for lieutenant-governor, called the “Senate” to order, and harangued them as follows: Congress would recognize whatever they might do; it was absolutely necessary for the assembly to act before Congress, as the life of the nation was in danger and there was a pressing “necessity for two Senators from Alabama to sit upon the trial of that renegade and traitor, Andrew Johnson”; he stated that General Meade was in consultation with them and would sustain them;[1515] if protection were necessary, Major-General Dustan[1516] could, at short notice, surround them with several regiments of loyal militia.[1517] They attempted to transact some business, but the
The Alabama Question in Congress
February 17, 1868, a few days after the election, Bingham of Ohio introduced a joint resolution in the House to admit Alabama with its new constitution.[1518] The Radicals of Alabama assumed that it was only a question of a short time before they would be in power. On March 10, Stevens, from the Committee on Reconstruction, reported a bill for the admission of Alabama. During the lengthy debate which followed, the Radical leaders undertook to show that when Congress passed the law of March 23, it did not know what it was doing, and that therefore the law could not now be considered binding. The carpet-bag stories about frauds in the election, icy rivers, etc., were again told. During the debates it developed that Beck of Kentucky and Brooks of New York, the minority members of the Committee on Reconstruction, had not been notified of the meeting of the committee, which was called to meet at the house of Stevens, and hence knew nothing of the report until it was printed. They made strong speeches against the bill and introduced the protests of the delegates to the convention, the reports of Meade, and the petition of the whites of the state against the proposed measure, and on March 17 introduced the minority report, which had to be read as part of a speech in order to get it printed. It was a summary of the Conservative objections to the constitution. For the moment Thaddeus Stevens seemed to be convinced that it was not desirable to admit Alabama. “After a full examination,” he said, “of the final returns from Alabama, which we had not got when this bill was drawn, I am satisfied, for one, that to force a vote on this bill and admit the state against our own law, when there is a majority of twenty odd thousand against the constitution, would not be doing such justice in legislation as will be expected by the people.” So the measure was withdrawn.[1519] But the next day Farnsworth of Illinois reported a new bill providing
The effect of establishing a new provisional government on the basis of the constitution just rejected would be to require a new registration and disfranchisement according to that instrument. The proposal pleased the local Radicals very much. This plan was probably preferred by all the would-be officers except those who had been candidates for Congress and who could not sit until the state was admitted. The Nationalist[1524] said: “If we can get the offices, we, and not a ‘military saphead’ [Meade], can conduct the next election; we can by the Spalding bill get the government, rule the
The whites began to close ranks, to leave no room in their midst for the white man of the North, the ruler and ally of the black. Social and business ostracism was declared against all who should take office under the Reconstruction Acts. They were turned away from respectable hotels.[1527]
The Independent Monitor, now the head and front of opposition to Reconstruction, gave the following advice to the white people, who, however, did not need it: “We reiterate the advice hitherto offered to those of our southern people who are not ashamed to honor the service of the ‘lost cause’ and the memory of their kith and kin whose lives were nobly laid down to save the survivors from a subjection incomparably more tolerable in contemplation than in realization. That advice is not to touch a loyal leaguer’s hand; taste not of a loyal leaguer’s hospitality; handle not a loyal leaguer’s goods. Oust him socially; break him pecuniarily; ignore him politically; kick him contagiously; hang him legally; or lynch him clandestinely—provided he becomes a nuisance as Claus or Wilson.”[1528]
The Conservative Executive Committee addressed a memorial to Congress against the proposed measures. In conclusion the address stated: “We are beset by secret oath-bound political societies, our character and conduct are systematically misrepresented to you and in the newspapers of the North; the intelligent and impartial administration of just laws is obstructed; industry and enterprise are paralyzed by the fears of the white men and the expectation of the black that Alabama will soon be delivered over to the rule of the
Alabama Readmitted to the Union
The proposition to establish a Radical provisional government for Alabama was forgotten in the Senate during the progress of the impeachment trial, and on May 11 Stevens introduced a bill providing for the admission of Georgia, Louisiana, North and South Carolina, and Alabama.[1530] A motion by Woodbridge of Vermont to strike Alabama from the bill was lost by a vote of 60 to 74. Farnsworth said it was nonsense to make any distinction between Alabama and the other states. The bill passed the House on May 14, by a vote of 109 to 35, and went to the Senate. On June 5 Trumbull from the Judiciary Committee reported the bill with Alabama struck out because the constitution had not been ratified according to law. Wilson of Massachusetts moved to insert Alabama in the bill. Alabama, he said, was the strongest of all the states for the policy of Congress, and it would be unjust to leave her out. Sherman repeated the old charges of fraud in the elections, which had been contradicted by General Meade, from whose report Sherman quoted garbled extracts. It was absolutely necessary, he said, to admit Alabama in order to settle the Fourteenth Amendment before the presidential election. Hendricks of Indiana objected because of proscriptive clauses in the constitution, which would disfranchise from 25,000 to 30,000 men. Pomeroy of Kansas said it would be “a cruel thing” to admit the other states and leave out Alabama. Morton of Indiana was of the opinion that the bill with Alabama in it would pass over the President’s veto as well as without it, and said
The bill as passed declared that Alabama with the other southern states had adopted by large majorities the constitutions recently framed, and that as soon as each state by its legislature should ratify the Fourteenth Amendment it should be admitted to representation upon the fundamental condition “that the constitution of neither of said states shall ever be so amended or changed as to deprive any citizen or class of citizens of the United States of the right to vote in said state who are entitled to vote by the constitution thereof herein recognized” except as a punishment for crime.[1536] As soon as the
June 29, Grant wrote to Meade that to avoid question he should remove the present provisional governor and install the governor and lieutenant-governor elect, this to take effect at the date of convening the legislature. So in July, by general order, Governor Patton was removed and Smith and Applegate installed. After the ratification of the Fourteenth Amendment by the legislature, Meade directed all provisional officials to yield to their duly elected successors. The military commanders transferred state property, papers, and prisoners to the state authorities.[1538] And for six years the carpet-bagger, scalawag, and negro, with the aid of the army, misruled the state.
The members of Congress returned from their migrations[1539] and presented themselves with their credentials to Congress.[1540] Brooks of New York objected to the admission of these men on the ground that they were there in violation of the act of Congress in force at the time of the election. But on July 21 all were admitted by a vote of 125 to 33, 52 not voting. After taking the iron-clad test oath, they took their seats among the nation’s lawmakers. Spencer and Warner were admitted to the Senate on July 25, and also took the iron-clad oath.[1541]
SOME RADICAL MEMBERS OF CONGRESS.
| Senator George E. Spencer. | Senator Willard Warner. | |
| C. W. Buckley. | John B. Callis. | |
| J. T. Rapier. | Charles Hays. |
THE UNION LEAGUE OF AMERICA
Origin of the Union League
In order to understand the absolute control exercised over the blacks by the alien adventurers, as shown in the elections of 1867-1868, it will be necessary to examine the workings of the secret oath-bound society popularly known as the “Loyal League.” The iron discipline of this order wielded by a few able and unscrupulous whites held together the ignorant negro masses for several years and prevented any control by the conservative whites.
The Union League movement began in the North in 1862, when the outlook for the northern cause was gloomy. The moderate policy of the Washington government had alienated the extremists; the Confederate successes in the field and Democratic successes in the elections, the active opposition of the “Copperheads” to the war policy of the administration, the rise of the secret order of the Knights of the Golden Circle in the West opposed to further continuance of the war, the strong southern sympathies of the higher classes of society, the formation of societies for the dissemination of Democratic and southern literature, the low ebb of loyalty to the government in the North, especially in the cities—all these causes resulted in the formation of Union Leagues throughout the North.[1542] This movement began among those associated in the work of the United States Sanitary Commission. These people were important neither as politicians nor as warriors, and they had sufficient leisure to observe the threatening state of society about them. “Loyalty must be organized, consolidated, and made effective,” they declared. The movement, first organized in Ohio, took effective form in Philadelphia in the fall of 1862, and in December of that year the Union League of Philadelphia was organized. The members were
As the Federal armies went South, the Union League spread among the disaffected element of the southern people.[1544] Much interest was taken in the negro, and negro troops were enlisted through its efforts. Teachers were sent South in the wake of the armies to teach the negroes, and to use their influence in securing negro enlistments. In this and in similar work the League acted in coÖperation with the Freedmen’s Aid Societies, the Department of Negro Affairs, and later with the Freedmen’s Bureau. With the close of the war it did not cease to take an active interest in things political. It was one of the earliest bodies to declare for negro suffrage and white disfranchisement,[1545] and this declaration was made repeatedly during the three years following the war, when it was continued as a kind of Radical bureau in the Republican party to control the negro vote in the South. Its agents were always in the lobbies of Congress, clamoring for extreme measures; the Reconstruction policy of Congress was heartily indorsed and the President condemned. Its headquarters were in New York, and it was represented in each state by “State Members.” John Keffer of Pennsylvania was “State Member” for Alabama.
It is quite likely that such Leagues as those in New York and Philadelphia, after the first year or two of Reconstruction, grew away from the strictly political “Union League of America” and became more and more social clubs. The spiritual relationship was close, however, and in political belief they were one. The eminently respectable members of the Union Leagues of Philadelphia and New York had little in common with the southern Leagues except radicalism. Southern “Unionists” who went North were entertained by the Union League and their expenses paid. In 1866 the Philadelphia convention of southern “Unionists” was taken in hand by the League, carried to New York, and entertained at the expense of the latter. In 1867 several of the Leagues sent delegates to Virginia to reconcile the two warring factions of Radicals. The formation of the Union League among the southern “Unionists” was extended throughout the South within a few months of the close of the war, but a “discreet secrecy” was maintained. In Alabama it was easy for the disaffected whites, especially those who had been connected with the Peace Society, to join the order, which soon included Peace Society men, “loyalists,” deserters, and many anti-administration Confederates. The most respectable element consisted
Extension to the South
Even before the end of the war the Federal officials had established the organization in Huntsville, Athens, Florence, and other places in north Alabama. It was understood to be a very respectable order in the North, and General Burke, and later General Crawford, with other Federal officers and a few of the so-called “Union” men of north Alabama, formed lodges of what was called indiscriminately the Union or Loyal League. At first but few native whites were members, as the native “unionist” was not exactly the kind of person the Federal officers cared to associate with more than was necessary. But with the close of hostilities and the establishment of army posts over the state, the League grew rapidly. The civilians who followed the army, the Bureau agents, the missionaries, and the northern school-teachers were gradually admitted. The native “unionists” came in as the bars were lowered, and with them that element of the population which, during the war, especially in the white counties, had become hostile to the Confederate administration. The disaffected politicians saw in the organization an instrument which might be used against the politicians of the central counties, who seemed likely to remain in control of affairs. At this time there were no negro members, but it has been estimated that in 1865, 40 per cent of the white voting population in north Alabama joined the order, and that for a year or more there was an average of half a dozen “lodges” in each county north of the Black Belt. Later, the local chapters were called “councils.” There was a State Grand Council with headquarters at Montgomery, and a Grand National Council with headquarters in New York. The Union League of America was the proper designation for the entire organization.
The white members were few in the Black Belt counties and
From the very beginning the preachers, teachers, and Bureau agents had been accustomed to hold regular meetings of the negroes and to make speeches to them. Not a few of these whites expected confiscation, or some such procedure, and wanted a share in the division of the spoils. Some began to talk of political power for the negro. For various purposes, good and bad, the negroes were, by the spring of 1866, widely organized by their would-be leaders, who, as controllers of rations, religion, and schools, had great influence over them. It was but a slight change to convert these informal gatherings into lodges, or councils, of the Union League. After the refusal of Congress to recognize the Restoration as effected by the President, the guardians of the negro in the state began to lay their plans for the future. Negro councils were organized, and negroes were even admitted to some of the white councils which were under control of the northerners. The Bureau gathering of Colonel John B. Callis of Huntsville was transformed into a League. Such men as the Rev. A. S. Lakin, Colonel Callis, D. H. Bingham, Norris, Keffer, and Strobach, all aliens of questionable character from the North, went about organizing the negroes during 1866 and 1867. Nearly all of them were elected to office by the support of the League. The Bureau agents were the directors of the work, and in the immediate vicinity of the Bureau offices they themselves organized the councils. To distant plantations and to country districts agents were sent to gather in the embryo citizens.[1550] In
The effect upon the white membership of the admission of negroes was remarkable. With the beginning of the manipulation of the negro by his northern friends, the native whites began to desert the order, and when negroes were admitted for the avowed purpose of agitating for political rights and for political organization afterwards, the native whites left in crowds. Where there were many blacks, as in Talladega, nearly all of the whites dropped out. Where the blacks were not numerous and had not been organized, more of the whites remained, but in the hill counties there was a general exodus.[1552] Professor Miller estimates that five per cent of the white voters in Talladega County, where there were many negroes, and 25 per cent of those in Cleburne County, where there were few negroes, remained in the order for several years. The same proportion would be nearly correct for the other counties of north Alabama. Where there were few or no negroes, as in Winston and Walker counties, the white membership held out better, for in those counties there was no fear of negro domination, and if the negro voted, no matter what were his politics, he would be controlled by the native whites. What the negro would do in the black counties, the whites in the hill counties cared but little. The sprinkling of white members served to furnish leaders for the ignorant blacks, but the character of these men was extremely questionable. The native element has been called “lowdown, trifling white men,” and the alien element “itinerant, irresponsible, worthless white men from the North.” Such was the opinion of the respectable white people, and the later history of the Leaguers
The Ceremonies of the League
One thing about the League that attracted the negro was the mysterious secrecy of the meetings, the weird initiation ceremony that made him feel fearfully good from his head to his heels, the imposing ritual and the songs. The ritual, it is said, was not used in the North; it was probably adopted for the particular benefit of the African. The would-be Leaguer was told in the beginning of the initiation that the emblems of the order were the altar, the Bible, the Declaration of Independence, the Constitution of the United States, the flag of the Union, censer, sword, gavel, ballot-box, sickle, shuttle, anvil, and other emblems of industry. He was told that the objects of the order were to preserve liberty, to perpetuate the Union, to maintain the laws and the Constitution, to secure the ascendency of American institutions, to protect, defend, and strengthen all loyal men and members of the Union League of America in all rights of person and property,[1554] to demand the elevation of labor, to aid in the education of laboring men, and to teach the duties of American citizenship. This sounded well and was impressive, and at this point the negro was always willing to take an oath of secrecy, after which he was asked to swear with a solemn oath to support the principles of the Declaration of Independence, to pledge himself to resist all attempts to overthrow the United States, to strive for the maintenance of liberty, elevation of labor, education of all people in the duties of
The council then sang “Hail Columbia” and “The Star-Spangled Banner,” after which an official harangued the candidate, saying that, though the designs of traitors had been thwarted, there were yet to be secured legislative triumphs with complete ascendency of the true principles of popular government, equal liberty, elevation and education, and the overthrow at the ballot-box of the old oligarchy of political leaders. After prayer by the chaplain, the room was darkened, the “fire of liberty”[1556] lighted, the members joined hands in a circle around the candidate, who was made to place one hand on the flag and, with the other raised, swore again to support the government, to elect true Union men to office, etc. Then placing his hand on a Bible, for the third time he swore to keep his oath, and repeated after the president “the Freedman’s Pledge”: “To defend and perpetuate freedom and union, I pledge my life, my fortune, and my sacred honor. So help me God!” Another song was sung, the president charged the members in a long speech concerning the principles of the order, and the marshal instructed the members in the signs. To pass one’s self as a Leaguer, the “Four L’s” were given: (1) with right hand raised to heaven, thumb and third finger touching ends over palm, pronounce “Liberty”; (2) bring the hand down over the shoulder and say “Lincoln”; (3) drop the hand open at the side and say “Loyal”; (4) catch the thumb in the vest or in the waistband and pronounce “League.”[1557] This ceremony of initiation was a most effective means of impressing the negro, and of controlling him through his love and fear of the secret, mysterious, and midnight mummery. An oath taken in daylight would be forgotten
Organization and Methods
In each populous precinct there was at first one council of the League. In each town or city there were two councils, one for the whites, and another, with white officers, for the blacks.[1558] The council met once a week, sometimes oftener, and nearly always at night, in the negro churches or schoolhouses.[1559] Guards, armed with rifles and shotguns, were stationed about the place of meeting in order to keep away intruders, and to prevent unauthorized persons from coming within forty yards. Members of some councils made it a practice to attend the meetings armed as if for battle. In these meetings the negroes met to hear speeches by the would-be statesmen of the new rÉgime. Much inflammatory advice was given them by the white speakers; they were drilled into the belief that their interests and those of the southern whites could not be the same, and passion, strife, and prejudice were excited in order to solidify the negro race against the white, thus preventing political control by the latter. Many of the negroes still had hopes of confiscation and division of property, and in this they were encouraged by the white leaders. Professor Miller was told[1560] by respectable white men, who joined the order before the negroes were admitted and who left when they became members, that the negroes were taught in these meetings that the only way to have peace and plenty, to get “the forty acres and a mule,” would be to kill some of the leading whites in each community as a warning to others. The council in Tuscumbia received advice from Memphis to use the torch, that the blacks were at war with the white race. The advice was taken. Three men went in front of the council as an advance guard, three followed with coal-oil
As soon as possible after the war each negro had supplied himself with a gun and a dog as badges of freedom. As a usual thing, he carried them to the League meetings, and nothing was more natural than that the negroes should begin drilling at night. Armed squads would march in military formation to the place of assemblage, there be drilled, and after the close of the meeting, would march along the roads shouting, firing their guns, making great boasts and threats against persons whom they disliked. If the home of such a person happened to be on the roadside, the negroes usually made a practice of stopping in front of the house and treating the inmates to unlimited abuse, firing off their guns in order to waken them. Later military parades in the daytime were much favored. Several hundred negroes would march up and down the roads and streets, and amuse themselves by boasts, threats, and abuse of whites, and by shoving whites off the sidewalks or out of the road. But, on the whole, there was very little actual violence done the whites,—much less than might have been expected. That such was the case was due, not to any
The relations between the races, with exceptional cases, continued to be somewhat friendly until 1867-1868. In the communities where the League and the Bureau were established, the relations were soonest strained. For a while in some localities, before the advent of the League, and in others where the Bureau was conducted by native magistrates, the negroes looked to their old masters for guidance and advice, and the latter, for the good of both races, were most eager to retain a moral control over the blacks. Barbecues and picnics were arranged by the whites for the blacks, speeches were made, good advice given, and all promised to go well. Sometimes the negroes themselves would arrange the festival and invite prominent whites to be present, for whom a separate table attended by the best waiters would be reserved; and after dinner there would be speaking by both whites and blacks. With the organization of the League, the negroes grew more reserved, and finally unfriendly to the whites. The League alone, however, was not responsible for the change. The League and the Bureau had to some extent the same personnel, and it is impossible to distinguish clearly between the work of the League and that of the Bureau. In many ways the League was simply the political side of the Bureau. The preaching and teaching missionaries were also at work. On the other hand, among the lower classes of whites, a hostile feeling quickly sprang to oppose the feeling of the blacks.
When the campaign grew exciting, the discipline of the order was used to prevent the negroes from attending Democratic meetings or hearing Democratic speakers. The League leaders even went farther and forbade the attendance of the blacks at Radical political meetings where the speakers were not indorsed by the League. Almost invariably the scalawag disliked the Leaguer, black or white, and often the League proscribed the former as political teachers. Judge Humphreys was threatened with political death unless he joined the League. This he refused to do, as did most whites where there were many negroes. All Republicans in good standing had to join the League. Judge (later Governor) D. P. Lewis was a member
Every negro was ex colore a member or under the control of the League. In the opinion of the League, white Democrats were bad enough, but black Democrats were not to be tolerated. The first rule was that all blacks must support the Radical programme. It was possible in some cases for a negro to refrain from taking an active part in political affairs. He might even fail to vote. But it was martyrdom for a black to be a Democrat; that is, try to follow his old master in politics. The whites, in many cases, were forced to advise their faithful black friends to vote the Radical ticket that they might escape mistreatment. There were numbers of negroes, as late as 1868, who were inclined to vote with the whites, and to bring them into line all the forces of the League were brought to bear. They were proscribed in negro society, and expelled from negro churches, nor would the women “proshay” (appreciate) a black Democrat. The negro man who had Democratic inclinations was sure to find that influence was being brought to bear upon his dusky sweetheart or wife to cause him to see the error of his ways, and persistent adherence to the white party would result in the loss of her. The women were converted to Radicalism long before the men, and almost invariably used their influence strongly for the purpose of the League. If moral suasion failed to cause the delinquent to see the light, other methods were used. Threats were common from the first and often sufficed, and fines were levied by the League on recalcitrant members. In case of the more stubborn, a sound beating
The effects of the teachings of the League orators were soon seen in the increasing insolence and defiant attitude of some of the blacks, in the greater number of stealings, small and large, in the boasts, demands, and threats made by the more violent members of the order. Most of them, however, behaved remarkably well under the circumstances, but the few unbearable ones were so much more in evidence that the suffering whites were disposed to class all blacks together as unbearable. Some of the methods of the Loyal League were similar to those of the later Ku Klux Klan. Anonymous warnings were sent to the obnoxious individuals, houses were burned, notices were posted at night in public places and on the doors of persons who had incurred the hostility of the League.[1567] In order to destroy the influence of the whites where kindly relations still existed, an “exodus order” was issued
In Bullock County, near Perote, a council of the League was organized under the direction of a negro emissary, who proceeded to assume the government of the community. A list of crimes and punishments was adopted, a court with various officials established, and during the night all negroes who opposed them were arrested. But the black sheriff and his deputy were arrested by the civil authorities. The negroes then organized for resistance, flocked into Union Springs, the county seat, and threatened to exterminate the whites and take possession of the county. Their agents visited the plantations and forced the laborers to join them by showing orders purporting to be from General Swayne, giving them the authority to kill all who resisted them. Swayne sent out detachments of troops and arrested fifteen of the ringleaders, and the Perote government collapsed.[1569]
When first organized in the Black Belt, and before native whites were excluded from membership, numbers of whites joined the League upon invitation in order to ascertain its objects, to see if mischief were intended toward the whites, and to control, if possible, the negroes in the organization. Most of these became disgusted and withdrew, or were expelled on account of their politics. In Marengo County several white Democrats joined the League at McKinley in order to keep down the excitement aroused by other councils, to counteract the evil influences of alien emissaries, and to protect the women of the community, in which but few men were left after the war. These men succeeded in controlling the negroes and in preventing the discussion of politics in the meetings. The League was made simply a club where the negroes met to receive advice, which was to the effect that they should attend strictly to their own affairs and vote without reference to any secret organization. Finally, they were advised to withdraw from the order.[1570]
Facsimile of Page from Union League Constitution.
After it was seen that existing political institutions were to be overturned, the white councils and, to a certain extent, the negro councils became simply associations for those training for leadership in the new party soon to be formed in the state by act of Congress. The few whites who were in control did not care to admit more white members, as there might be too many to share in the division of the spoils. Hence we find that terms of admission were made more stringent, and, especially after the passage of the Reconstruction Acts, in March, 1867, many applicants were rejected. The alien element was in control of the League. The result was that where the blacks were numerous the largest plums fell to the carpet-baggers. The negro leaders,—politicians, preachers, and teachers,—trained in the League, acted as subordinates to the white leaders in controlling the black population, and they were sent out to drum up the country negroes when elections drew near. They were also given minor positions when offices were more plentiful than carpet-baggers. All together they received but few offices, which fact was later a cause of serious complaint.
However, before its dissolution, the League had served its purpose. It made it possible for a few outsiders to control the negro by alienating the races politically, as the Bureau had done socially. It enabled the negroes to vote as Radicals for several years, when without it they either would not have voted at all or they would have voted as Democrats along with their former masters. The order was necessary to the existence of the Radical party in Alabama. No ordinary political organization could have welded the blacks into a solid party. The Freedmen’s Bureau, which had much influence over the negroes for demoralization, was too weak in numbers to control the negroes in politics. The League finally absorbed the personnel of the Bureau and inherited its prestige.[1576]
