The Mobile agent, Dustin,[771] would not make a decision in disputed cases because he was afraid of appeal to Washington. A proposition to divide the profits, however, would always secure from him a declaration that the cotton had no claims against it. Lyon reported that not one-tenth of the cotton seized was consigned to government agents, but that the agents usually sold it on the spot to cotton buyers. The planter was held responsible for cotton sold or subscribed to Confederate government.

Cotton stolen from the agent had to be made good by the person from whom the agent had seized it. Seed cotton was often hauled away at night by pretended agents. In every part of the cotton belt the looting of cotton went on.

There were frequent changes of agents. As soon as a man became rich his place would be taken by another. The chief cotton agents sold for high prices appointments as collecting agents. The new agents often seized the cotton that through bribery had escaped former agents; and in this way the same lot would be seized two or three times. One cotton agent, a mere youth, at Demopolis received as his commission for one month 400 bales of cotton which netted him $80,000. The Treasury Department made a regulation allowing one-fourth to a person who had kept the Confederate cotton and delivered it safely to the United States authorities, but the agents did not make known the regulation, and the one-fourth went to them.[772]

There were complaints of the seizure of cotton grown after the war. The Planters' Factory of Mobile lost 240 bales of cotton grown in 1865. This company was made up of "Union" and northern men who were able to obtain an order for the release of the cotton. There was of course no way to tell what cotton was seized, and 240 bales of "dog tail," worth six cents a pound, were turned over to the factory instead of the good cotton, worth sixty cents, a pound.[773]

Dishonest Agents Prosecuted

The Federal grand jury reported that at the end of the war there were 150,000 bales of cotton in Alabama to which the government had clear t.i.tle;[774] the records showed the history and location of each bale, and these records were placed in the hands of the cotton agents; the papers of two agents, in south Alabama, Dexter and Tomeny, showed that while a large part of this cotton had been shipped but little of it had been consigned to the government, the bulk of it having become a source of private profit to the agents; the 20,000 bales turned over to the government by these agents had been much reduced in weight, in some cases as much as one-third, and exorbitant expenses had been charged against them; large quant.i.ties of cotton had been fraudulently released to parties who presented fict.i.tious claims; cotton belonging to private individuals had often been seized, and release refused unless the owner sold at a ruinous sacrifice to S. E. Ogden and Company, who seemed to be on the inside at New York; cotton thus seized was not released except through the influence of Ogden and Company, and it was said that Tomeny openly advised some parties to make arrangements with Ogden and Company, who paid less than half-price for cotton under such circ.u.mstances.[775] The grand jury declared that in Alabama 125,000 bales had been stolen by agents. Tomeny, who seems to have secured a much smaller share of the spoils than Dexter, stated that when he began business in November, 1865, nearly all cotton had been collected or stolen, and that not a hundred bales had been received by himself except from other agents who had collected it. He consigned all his cotton to Simeon Draper, in New York City. None was released to Ogden and Company, and they bought only one lot of cotton that had been seized--505 bales seized from Ellis and Alley, themselves cotton agents under the First Agency. This lot, Tomeny claimed, was bought by Ogden and Company without his knowledge or consent.[776]

Two cotton agents, T. C. A. Dexter and T. J. Carver, were finally arraigned, in the fall and winter of 1865, in the Federal courts, and Judge Busteed proceeded to try them; but they denied the jurisdiction of the court, and the army interfered and stopped the proceedings, whereupon Busteed closed the court. Then a military commission was convened, and before it the cases were tried. Lieutenant-Colonel Hunter Brooke presided over the commission. The culprits denied the legality of this trial by a military commission in time of peace and ultimately were pardoned on this account. Carver was convicted of fraud in the collection of cotton, and was fined $90,000 and sentenced to imprisonment for one year and until the fine should be paid. Carver had paid Dexter $25,000 for his commission as cotton agent. So it seems the office must have carried with it certain opportunities. Dexter was convicted of fraud in the cotton business and for selling the appointment to Carver. Only 3321 bales of government cotton could be traced directly to his stealing.[777] He was fined $250,000 and imprisoned for one year and until the fine should be paid.[778]

Statistics of the Frauds

The minority report of the Ku Klux Committee a.s.serted, as has been said, that in 1865 there were 5,000,000 bales of cotton in the South, and that the agents seized 3,000,000 bales for themselves and for the government;[779] Dr. Curry said that there were about 250,000 bales of Confederate cotton;[780] another expert estimate placed the total number of bales of Confederate cotton at 150,000 on April 1, 1865; after April 1, many thousand bales were destroyed in Alabama, where most of the Confederate cotton was gathered; the report of A. Roane, in 1864, showed 115,000 bales in Alabama. It is not probable, after all the burnings which later took place in Alabama, that there was much government cotton left in Alabama, 20,000 bales at the most.

Secretary McCulloch, on March 2, 1867, reported that the total receipts from captured and abandoned property amounted to $34,052,809.54, netting $24,742,322.55.[781] The cotton sold for $29,518,041.17.[782] The records show that only 115,000 bales were turned over to the United States, and of these Draper received 95,840-1/2 bales which he sold for about $15,000,000 when cotton was worth 33 cents to $1.22 a pound, and a bale weighed 400 to 450 pounds. This cotton was worth in New York $500,000,000.[783] The records of the agencies were badly kept or not kept at all, and many agents made no reports. The government never knew how many bales had been collected in its name.

The First Special Agency reported that in Alabama it had seized cotton (after June 1, 1865) in the counties of Greene, Marengo, Perry, Dallas, Pickens, Montgomery, Sumter, and Tuscaloosa, during October, November, and December, 1865, and January, 1866. This agency had, before June 1, 1866,[784] shipped 5697 bales to the government agent in New York, who sold them for $750,702.68, and had made charges of $209,338.58 for freight, fees, etc., $35 a bale. The Ninth Agency, under the notorious T.

C. A. Dexter and J. M. Tomeny, gathered cotton from the counties of Dallas, Marengo, Sumter, Montgomery, Wilc.o.x, Lowndes, Barbour, Butler, Tuscaloosa, Macon, and Mobile. This agency had thirty-six collecting agents, and turned over to the government only 9,712 bales, which sold for $1,412,335.68, with fees and charges amounting to $540,962.38.[785]

Most of the government cotton was consigned to New York agents and sold there.[786]

The army quartermasters at Mobile received 19,396 bales of cotton, of which 6149 were delivered to Dexter and 9741 were, it was claimed, destroyed by the great explosion. Dexter turned over to the government only 7469 bales and Tomeny 7732, other agents accounted for enough to bring the total up to about 30,000 bales. Dexter sold $823,947 worth of other property.[787]

The Freedmen's Bureau in Alabama was supported for two years by the sale of confiscated property, of which no accounts were kept. The army also sold cotton and other confiscated property and used the proceeds.

"Abandoned" cotton netted to the Treasury $2,682,271.69. After June 30, according to Treasury records, 33,638 bales (worth $7,650,675.93, but netting only $4,886,671) were illegally seized. It is this money which is still held because the former owners once subscribed to the Confederate Produce Loan. "Loyal" claimants, 22,298 in number in 1871, were asking damages, to the amount of $60,258,150.44. When Congress, on March 30, 1868, called into the Treasury all proceeds of captured and abandoned property, it was found that Jay Cooke and Company had $20,000,000, which they had been using in their business for years. The cotton agents and others interested lobbied persistently in Washington against legislation in behalf of claimants, fearing investigation and exposure.

The statistics given in the public doc.u.ments are often those for the whole South, but usually only for Alabama, Mississippi, and Louisiana. Seldom can the figures for Alabama be separated from the others. Alabama lost more from the invasion of Treasury agents than any other state, since in 1865 she had more cotton and other property, and many more agents visited her soil. The United States Treasury received only a small fraction of the confiscated property, and most of the proceeds of that have been released to people who were willing to commit perjury in order to get it.[788]

Under the act of March 12, 1863, "loyal" owners had until two years after the war to file claims, and by February, 1888, $9,864,300.75 had been paid out to satisfy these people. Since 1888, $520,700.18 has been paid out.

Under the act of May 18, 1872, providing for return of proceeds of cotton seized illegally after June 30, 1865, 1337 claims were filed, 339 of which were from Alabama. These Alabama claims called for 23,529 bales. Only a very small amount ($195,896.21) was returned to the claimants, because the records showed that most of them had once sold cotton to the Confederate government. Therefore, they now say, all cotton seized after June 30, 1865, was Confederate cotton, and the proceeds will be held. Only about four and a half millions now (1904) remain in the Treasury, as the proceeds of all the cotton seized. This is the amount for which the cotton seized after June 30, 1865, was sold. All other proceeds have either been returned to "loyal" claimants or have been absorbed by expenses. Very few, if any, claimants not able to prove "loyalty" have been able to secure restoration, since "loyalty" was in most cases a prerequisite to consideration.[789]

The confiscation policy, it may be concluded, profited the government nothing; the Treasury agents and pretended agents were enriched by their stealings and but few were punished; nearly all private cotton was lost; the people were reduced to more desperate want and exasperated against the government which, it seemed, had acted upon the a.s.sumption that the ex-Confederates had no rights whatever.

SEC. 2. THE COTTON TAX

Another heavy burden imposed on the prostrate South was the tax levied by the United States government on each pound of cotton raised. An act of July, 1862, imposed a tax of one-half cent a pound on cotton, but this tax could be collected only on that part of the crop that was brought through the lines by speculators. January 30, 1864, the tax was increased to two cents a pound, collectible on all cotton coming from the Confederate States. This was raised to two and a half cents a pound on March 3, 1865, and to three cents a pound, or $15 a bale, on July 13, 1866.[790] After the war the tax bore with crushing weight on the impoverished farmers.[791] On March 2, 1867, in antic.i.p.ation of Reconstruction, the tax was reduced to two and a half cents a pound, or $12.50 a bale, to take effect after September 1, 1867. A year later, partly because of the decided objections of those carpet-baggers, scalawags, and negroes who had small farms and whose remonstrances had more influence than those of the planters, the tax was discontinued on all cotton raised after the crop of 1867. The tax was a lien on the cotton from the time it was baled until the tax was paid, and was often collected in the states to which the cotton was shipped.

The collections in the South amounted to the following sums:--

For the year ending June 30, 1863 $351,311.48 For the year ending June 30, 1864 1,268,412.56 For the year ending June 30, 1865 1,772,983.48 For the year ending June 30, 1866 18,409,654.90 For the year ending June 30, 1867 23,769,078.80 For the year ending June 30, 1868 22,500,947.77 -------------- Total, $68,072,388.99[792]

Of this tax Alabama paid within her borders $10,388,072.10,[793] and since she was one of the three great cotton states, her share of the tax paid in northern ports must have been several million dollars more. Of the other cotton states,--Georgia, Louisiana, Mississippi, Texas, Tennessee, and Arkansas,--all except Georgia, which paid about a million dollars more than Alabama, suffered in less degree.

From April 1, 1865, to February 1, 1866, Alabama paid in other taxes, into the United States Treasury, $1,747,563.51, of which $1,655,218.31 was internal revenue, and from September 1, 1862, to January 30, 1872, $14,200,982 internal revenue.[794] The former sum was much more than the Federal government spent in Alabama during that year for the relief of the dest.i.tute, both black and white. The cotton spirited away by thieves and confiscated by the government would have paid several times over all the expenses of the army and the Freedmen's Bureau during the entire time of the occupation. Many times as much money was taken from the negro tenant in the form of this cotton tax as was spent in aiding him. The most crushing weight of the tax came in 1866 and 1867, and it was much heavier than the taxation imposed by the Confederate and state governments even in the darkest days of the war. Had the price of cotton remained high, the tax would not have borne so heavily on the people; but with the decline of the price the tax finally amounted to a third of the net value of the cotton, while the amount raised in these years was about one-fifth of the value of the farming lands.[795] The tax absorbed all the profits of cotton planting and left the farmer nothing.

A letter from the Secretary of the Treasury in reference to the propriety of refunding the money received from the cotton tax stated some of the arguments of the opponents of the tax. It was claimed (1) that the tax was unconst.i.tutional because it was not uniform and because it was virtually a tax upon exports; (2) that the tax was unequal and oppressive in its operations because it fell entirely upon cotton producers; (3) that it was levied without the consent of the people and when they were not represented in Congress; and (4) that in addition to the cotton tax the producers of the cotton were subject to all taxes paid by citizens of other states.[796] These objections were answered by the Secretary, who said that the tax was added to the price of cotton and was borne by the consumer, not the producer, and that it was the fault of the cotton states that they were not represented. He a.s.serted that the tax on cotton was an excise like that on tobacco and whiskey.[797]

In 1866 an effort was made in Congress to raise the tax to five cents a pound. Such a tax, they said, would raise $66,000,000, or, at the least, $50,000,000 a year, of which Alabama's share would be about $12,000,000 to $15,000,000. The Committee on the Revenue reported that such a tax "will not prove detrimental to any national interest." The testimony of experts was quoted to prove that the tax would fall upon the consumer, though most of the experts, who were manufacturers from New England, said that on account of the great demand and excessive prices of cotton goods the tax would fall upon the manufacturer for the present time. Nevertheless, they were all in favor of the proposed tax, except one manufacturer and one planter from Georgia, who objected on the ground that the producer would have the burden to bear.[798]

The business men of New York and other northern cities opposed the tax and defeated the extra levy. The New York Chamber of Commerce, when the measure to raise the cotton tax to five cents a pound was proposed, memorialized Congress against the injustice of the tax. The memorial stated that the North and the West must not take advantage of the South in the days of her weakness; that the cultivation of cotton should not be thus discouraged. It was shown that the manufacturer would be protected by the drawback of five cents a pound allowed on cotton goods exported, while the cotton farmer would pay a five-cent tax. By the operation of such a tax, they stated, the rich would be made richer, and the poor made poorer.

That in the proposed law "there is a want of impartiality which is calculated to provoke hostility at the South, and to excite in all honest minds at the North the hope that such a purpose will not prevail."[799]

By the people who had to pay the tax it was considered an unjust and purely vindictive measure, which was the more exasperating because they had no voice in the matter and because no attention was paid to their remonstrances. They complained that it was levied as a penalty, that it was confiscation under color of law. They felt that it was a blow of revenge aimed at them when there was no fear of resistance or hope of protection, as no other part of the country had its exports taxed.[800]

The fact that the tax was removed because of the objections of the carpet-baggers, scalawags, and negroes, instead of pleasing the whites, was a source of irritation to them. The respectable people had asked for justice and it was refused them, but was granted to those who were of opposing politics. Those who paid the tax never believed that the ma.s.s of the people at the North were in favor of such a measure, and they hoped that favorable elections would reverse the policy of Congress, which, then recognizing the unconst.i.tutionality of the tax, would refund it, if not to individuals, at least to the states in proportion to the amount raised in each, or, that Congress would give it to the states as a long-time loan.[801] For years there was a belief among the farmers that the unjust tax would be refunded, and the cotton tax receipts were carefully preserved against a day of reimburs.e.m.e.nt, but, like the negroes' "forty acres and a mule," the money never came.[802]

CHAPTER VII

THE TEMPER OF THE PEOPLE, 1865-1866

After the Surrender

The paroled Confederate soldier returned to his ruined farm and went to work to keep his family from extreme want. For him the war had decided two questions, the abolition of slavery, and the destruction of state sovereignty. Further than that he did not expect the effects of the war to extend, while punishment, as such, for the part he had taken in the war[803] was not thought of. He knew that there would be a temporary delay in restoring former relations with the central government, but political proscription and humiliation were not expected. That after a fair fight, which had resulted in their defeat, they should be struck when down, was something that did not occur to the soldiers at all. No one thought of further opposition to the United States; the results of the war were accepted in good faith, and the people meant to abide by the decision of arms. Naturally, there were no profuse expressions of love for the United States,--which was the North,--but there was an earnest desire to leave the past behind them and to take their place and do their duty as citizens of the new Union.[804]

The women and the children, who heard with a shock of the surrender, felt a terrible fear of the incoming armies. The raids of the latter part of the war had made them fear the northern soldiers, from whom they expected harsh treatment. The women had been enthusiastic for the Confederate cause; their sacrifices for it had been incalculable, and to many the disappointment and sorrow were more bitter than death. The soldier had the satisfaction of having fought in the field for his opinions, and it was easier for him to accept the results of war. A certain cla.s.s of people who had served during the war at duties which kept them at home professed to be afraid of hanging, of confiscation, of negro suffrage and negro equality, and many other horrible things; they were loud in their denunciation of the surrender; they would have "fought and died in the last ditch," they declared. It is hard to see how they could so flatter themselves as to think the conqueror would hold them responsible for anything, unless for their violent talk on political questions before and during the war.

Such was the state of feeling in the first stage, before there was any general understanding of the nature of the questions to be solved or of the conflicting policies. News from the outside world came in slowly; each country community was completely cut off from the world; the whole state lay prostrate, breathless, exhausted, resting. Little interest was shown in public questions; the long strain had been removed, and the people were dazed about the future. There was no information from abroad except through the army officials, who reported the news to suit themselves. The railroads and steamboats were not running; for months there was no post-office system, and for years the service was poor. The people settled down into a lethargy, seemingly indifferent to what was going on, and exhibiting little interest in the government and in politics. Some persons dumbly awaited the worst, but the soldiers feared nothing; at present they took no interest in politics; they were working, when they were able, to provide for their families.

With many people there was a disposition to see in the defeat the work of G.o.d. There was a belief that fate, destiny, or Providence had been against the South, and this state of mind made them the more ready to accept as final the results of war. The fear expressed by northern politicians that in case of foreign war the South would side with the enemy was without cause. The South had had enough and too much of war. It disliked England and France more than it hated the North, because they had withheld their aid after seeming to promise it.

From the general gloom and seeming despair the young people soon recovered to some degree, and among them there was much social gayety of a quiet sort. For four years the young men and young women had seen little of each other, and there had been comparatively few marriages. Now they were glad to be together again, and all the surviving young men proceeded to get married at once. This revival of spirits did not extend to the older people. Nearly all were grieving over the loss of sons, brothers, husbands, or relatives. Much that made life worth living was lost to them forever, and unable to adapt themselves to changed conditions or to recover from the shock of grief and the strain of war, they died one after the other, until soon but few were left.[805]

One of the first things to awaken the people of Alabama from the blank lethargy into which they had fallen was the question of what was to be done by the United States government with the Confederate leaders who had been arrested. President Davis and Vice-President Stephens, Senator Clay, the war governors,--Moore, Shorter, and Watts,--Admiral Semmes, several judicial officers of the state, and many minor officials were arrested and imprisoned in the North. Davis, Moore, and Clay were known to be in feeble health, and from them came accounts of harsh treatment. The arrests of lesser personages were purely arbitrary, and in most cases were probably done by the military without any higher authority. It was announced unofficially that all who had held office before the war and who had supported the Confederacy, even those who had never taken an oath to support the Const.i.tution and laws of the United States, would be arrested and tried for treason.[806] During the spring and summer of 1865 rumor was busy. Thus, fear of arrest and imprisonment, the sympathy of the people for their leaders who were being made to suffer as scapegoats, the irritating methods of the Freedmen's Bureau, the work of various political and religious emissaries among the negroes, and the confiscation of property served progressively to awaken the people from the stupor into which they had fallen, and they began to take an interest in affairs of such vital importance to them. The newspapers began to discuss the problems of Reconstruction and to condemn the treatment of the political prisoners from the South. This renewed interest was characterized by a section of the northern press and by prominent politicians as "disloyalty,"--a proof of a "rebellious" spirit which ought to be chastised.

"The Condition of Affairs in the South"

The President, who began with a vindictive policy, gradually modified it until it was as fair as the South could expect from him. To support his policy, he sent agents to the South to ascertain the state of feeling here and the exact condition of affairs. These agents were General Grant, the head of the army, Carl Schurz, a sentimental foreign revolutionist and politician with an implicit belief in the Rights of Man, and Benjamin C.

Truman, a well-known and able journalist.

General Grant reported: "I am satisfied that the thinking men of the South accept the present condition of affairs in good faith. The questions that have heretofore divided the sentiment of the people of the two sections, slavery and state rights, or the right of a state to secede from the Union, they regard as having been settled by the highest tribunal--arms--that man can resort to." He believed that acquiescence in the authority of the general government was universal, but that the demoralization following four years of civil war made it necessary to post small garrisons throughout the South until civil authority was fully established.[807]

The report of Carl Schurz was distinctly unfavorable to the southerners.

He made a cla.s.sification of the people into four divisions: (1) The business and professional men and men of wealth who were forced into secession. These, though prejudiced, were open to conviction, and accepted the results of the war. However, as a cla.s.s, they were neither bold nor energetic. (2) The professional politicians who supported the policy of the President and wanted the state readmitted at once, as they hoped then to be able to arrange things to suit themselves. (3) A strong lawless element, idlers and loiterers, who persecuted negroes and "union" men, and in politics would support the second cla.s.s. They appealed to the pa.s.sions and prejudices of the ma.s.ses and commanded the admiration of the women.

(4) The ma.s.s of the people, who were of weak intellect, with no definite ideas about anything; who were ruled by those who appealed to their impulses and prejudices. He stated, however, that all were agreed that further resistance to the government was useless and that all submitted to its authority. The people, he said, were hostile toward the soldiers, northern men, unionists, and negroes; their loyalty was only submission to necessity; and they still honored their old political leaders.[808]

B. C. Truman, the journalist, after a long stay in the South, of which about two months were spent in Alabama, reported to the President that the southerners were loyal to the government and were cheerfully submissive and obedient to the law. The fates were against them, the people thought, and it was the will of G.o.d that they should lose; the dream of independence was over, and secession would never be thought of again; the war had decided this question, and the decision was accepted. The Confederate soldier, the backbone and sinew of the South, who must be the real basis of reconstruction and worthy citizenship, was exerting his influence for peace and reconciliation; there were few more potent influences at work in promoting real and lasting reconciliation and reconstruction than that of the Confederate soldier. The fear that in case of foreign war the South would fight against the United States he knew to be unfounded; the soldiers hated England, and would fight for the United States; this, Hardee, McLaws, and Forrest had told him; but, he added, the soldiers preferred to have no war at all, they had had all that they wanted. At the collapse of the Confederacy, there had been a general feeling of despair. The people at home, especially, had expected the worst; and the reaction was wrongly called "disloyal." The people were gradually returning to old attachments, but that they would repudiate their old leaders was not to be expected; neither would they acknowledge any wrong in their former belief in slavery and the right of secession, though ready to grant that those no longer existed. They were better friends to the negro than the northern men who came South; and the courts, magistrates, and lawyers would see that justice was done the negro.[809]

In order to produce a report which would justify the action of Congress in opposing the President's plan,[810] a committee of Congress for several months held an inquest at Washington and examined selected witnesses who gave the desired testimony relative to the condition of affairs in the South. The committee consisted of six senators and nine representatives.

Only three Democrats were on this committee, and not one of them was on the sub-committee that took testimony relating to affairs in Alabama.[811]