The second act gave the freedmen the right to sue and be sued, to plead and be imprisoned, in the state courts to the same extent as whites. They were competent to testify only in open court, and in cases in which freedmen were concerned directly or indirectly. Neither interest in the suit nor marriage should disqualify any black witness.[1004] This law, if restrictive at all, was never in force in the lower courts where minor magistrates and judicial officers presided; for, by the order of the convention and later of the legislature, the state officials were _ex officio_ agents of the Freedmen's Bureau, and sworn to make no distinction between white and black.[1005]

Two laws were pa.s.sed for the purpose of regulating labor, in theory applicable equally to white and black. They had the approval of General Swayne, who was always present when labor legislation was discussed.[1006]

The first law made it a misdemeanor to interfere with, to hire, entice away, or induce to leave the service of another any laborer or servant who had made a contract in writing, as long as the contract was in force, unless by consent of the employer given in writing or verbally "in the presence of some reputable white person." The penalty for inducing a laborer to break a contract was a fine of $50 to $500,--in no case less than double the amount of the injury sustained by the employer; and half the fine was to go to the injured party.[1007] The compilers of the Penal Code refused to incorporate this statute into the code on the ground that it was inconsistent with other provisions of the code as adopted by the legislature. The Penal Code had an old ante-bellum provision which made it a penal offence to entice, decoy, or persuade a servant or apprentice to leave the service of his master. The penalty was a fine of $20 to $100, and imprisonment for not more than three months might also be allowed.[1008]

The second labor law defined the relations of master and apprentice. The war had made orphans of many thousand children, white and black, and there were few people who could look after them. Under slavery no regulation of such things had been necessary for negro children. Now the children were running wild, in want, neglected, becoming criminals and vagabonds. Negro fathers ran off when freedom came, left their wives and children, and took unto themselves other and younger wives. The negro mother, left alone, often incapable and without judgment, could not support her children; and many negro children were found both of whose parents had died, or who had deserted them. As a result of the war, there were many white orphan children and many widowed mothers who were unable to care for their children. For years (1862-1875) there was much suffering among the children of the poorer whites and the negroes. The apprentice law was an extension of an old statute, and was designed to make it possible to care for these dependent children. It was made the duty of county officials to report to the probate courts all minors under the age of eighteen who were dest.i.tute orphans, or whose parents refused or were unable to support them; and the court was to apprentice them to suitable persons. In case the minor were the child of a freedman, the former owner should have the preference when he or she should be proven a suitable person. In such cases the probate judge was to keep a record of all the proceedings. The master to whom the minor was apprenticed was obliged to give bond that he would furnish the apprentice sufficient food and clothing, treat him humanely, furnish medical attention in case of sickness, and teach or have him taught to read and write, whether white or black, if under the age of fifteen. Power was given to inflict such punishment as a father or guardian might inflict on a child or ward, but in no case should the punishment be cruel. In case the apprentice should leave the employment of the master without the consent of the latter, he might be arrested by the master and carried before a justice of the peace, whose duty it was to remand the apprentice to the service of his master. If the apprentice refused to return, he was to be committed to jail until the next session of the probate court, which would investigate the case, and, if convinced that the apprentice had not good cause for leaving his master, would punish the apprentice under the vagrancy laws. If the court should decide that the apprentice had good cause to leave his master, he was to be released from the indenture and the master fined not more than $100, which was to be given to the apprentice. Apprenticeship was to end at the age of twenty-one for men and eighteen for women. Parents could bind out minor children under the regulations of this act.[1009] It was a penal offence to sell or give intoxicating liquors to apprentices or to gamble with them.[1010]

The definition of vagrancy was extended to include stubborn and refractory servants, laborers, and servants who loitered away their time or refused, without cause, to comply with a contract for service. A vagrant might be fined $50 and costs, and hired out until the fine was paid, but could not be hired for a longer time than six months. The proceeds of fines and hiring in all cases were to go to the county treasury for the benefit of the poor.[1011]

These statutes form the so-called "Slave Code" or "Black Code" of the state which was so harshly criticised by the Radicals as being designed to reenslave the negroes.[1012] There is no doubt that if enforced they would have affected the blacks more than the whites, though they were meant to apply to both.[1013] Something of the kind was felt to be a necessity.

There were hundreds of negroes wandering about the country, living by petty theft, and some rascally whites made it a business to purchase stolen property, especially cotton, from them. White vagrants were numerous. The refuse of both armies and numbers of the most worthless whites, who had lost all they had in the war, travelled about the country as tramps, their sole occupation being to victimize the ignorant by some scheme. Stringent laws, strictly enforced, would have done much to restore order.[1014]

The Negro under the Provisional Government

The lawlessness prevalent in the state consequent upon civil war and emanc.i.p.ation had resulted in filling the jails with all sorts and conditions of criminals--mostly negroes--who were charged with minor offences, such as stealing, fighting, burning, which were committed during the jubilee after the coming of the Federal troops. They were clearly guilty of the crimes alleged, since they were imprisoned by consent of the Freedmen's Bureau, which allowed no negro to be arrested without its permission. There were some whites confined for similar small offences, and there were many "union" men, or "rebels," according to locality, who were under arrest for crimes committed during the war. Most of the crimes were not serious or were committed under the abnormal conditions of war.

The governor, after consultation with General Swayne, "with entire singleness of purpose" (Swayne), issued a proclamation of amnesty and pardon[1015] for all offences, except murder and rape, committed between April 13, 1861, and July 20, 1865.[1016] Many hundred prisoners were thus liberated, among them eight hundred freedmen[1017] confined for penitentiary offences. No bad results followed.[1018]

By state law and military order the negro was now freed from slavery and given all the civil rights possessed by the whites, unless in certain cases of law between whites in the higher courts where the negro was not permitted to testify. In all cases concerning his own race, directly or indirectly, his standing before the court was the same as that of a white or better. The races were forbidden to intermarry. The apprentice and vagrancy laws, which were meant to regulate the economic relations between the races, could not be enforced because of technical and practical difficulties, and because the officials who were to enforce them were _ex officio_ agents of the Bureau and therefore forbidden to enforce such laws. The Bureau upheld the negro in all his rights and much beyond. There was the most urgent demand for his labor, and to secure his wages there was a lien on the employer's crop. The negro was free to come and go when he pleased, and his pleasure led him to do this so often that written contracts fell into immediate disfavor on account of the useless litigation and disputes that ensued. Many of the more thrifty blacks began to acquire small bits of property.

The travellers who visited the South in the fall of 1865 and in 1866 agreed (except Schurz) that there was no thought of reenslavement of the negro by the white; that the white was more afraid of the negro than the negro of the white; that there was no need of protection, for the demand for his labor would protect him. There were more colored artisans than white, and all were sure of employment. At first the strong conviction that they were not free unless they were careering around the country in idleness resulted in a general wandering. In the fall and winter a large majority returned to their old homes. "Once being a.s.sured of their liberty to go and come at will, they generally returned to the service of the southerner."[1019] The courts gave substantial justice, it was reported; the judge and jury would prefer the case of a black to that of a mean white man; negro testimony in lawsuits was more and more favored, and the standing of the negro in the courts became more and more secure.

Conditions as to the treatment of the negroes were steadily improving.[1020] An unfriendly critic who travelled through the Gulf states said that the negro was fairly well paid and fairly well treated.[1021] A charge to the grand jury of Pike County by Judge Henry D.

Clayton, on September 9, 1866, will serve to show the sentiments of the judicial officers and members of the bar as well as juries. It was reprinted at the North as a campaign doc.u.ment. The following is a summary:--

A certain cla.s.s of our population is clothed with civil rights and privileges that it did not possess until recently, and in dealing with them some embarra.s.sment will be felt. One of the results of the war was the freedom of the black race. We deplore the result as injurious to the country and fatal to the negroes, but we are in honor bound to observe the laws which acknowledge their freedom. "When I took off my sword in surrender, I determined to observe the terms of that surrender with the same earnestness and fidelity with which I first shouldered my musket." We may cherish the glorious memories of that past, in the history of which there is nothing of which we need be ashamed, but now we have to reestablish society and rebuild our ruined homes. Those unwilling to submit to this condition of things may seek homes abroad.[1022] We are bound to this soil for better or for worse. What is our duty? Let us deal with the facts as they are. The negro has been made free, though he did not seek freedom. Nominally free, he is beyond expression helpless by his want of self-reliance, of experience, of ability to understand and appreciate his condition. For promoting his welfare and adapting him to this new relation to society, all agencies from abroad will prove inadequate. The task is for us who understand him. To remedy the evil growing out of abolition two things are necessary: (1) we must recognize the freedom of the race as a fact, enact just and humane laws, and willingly enforce them; (2) we must in all our relations with the negro treat him with perfect fairness. We shall thus convince the world of our good faith, get rid of the system of espionage [the Freedmen's Bureau] by removing the pretext for its necessity, and secure the services of the negroes, teach them their place, and convince them that we are their friends. We need the labor of the negro and it is worth the effort to secure it. We owe the negro no grudge; he has done nothing to provoke our hostility; freedom was forced upon him. "He may have been the companion of your boyhood; he may be older than you, and perhaps carried you in his arms when an infant. You may be bound to him by a thousand ties which only a southern man knows, and which he alone can feel in all their force. It may be that when, only a few years ago, you girded on your cartridge box and shouldered your trusty rifle to go to meet the invaders of your country, you committed to his care your home and your loved ones; and when you were far away upon the weary march, upon the dreadful battle-field, in the trenches, and on the picket line, many and many a time you thought of that faithful old negro, and your heart warmed toward him."[1023]

Movement toward Negro Suffrage

The Freedmen's Bureau and the provisional government had set aside, repealed, or suspended laws which treated the negro as a separate cla.s.s.

It was soon seen that the civil government had little real authority, being frequently overruled by the officials of the army and Bureau and by the President. The civil officials became accustomed to considering Swayne or Woods, the commander of the troops in Alabama, rather than the state government, as the source of authority. It was known that the Radicals were bent on giving the ballot to the negro and on disfranchising southern political and military leaders. Some politicians began to consider the question of giving the ballot to the negro under certain restrictions.

This was not done from any faith in the political intelligence of the negro, or belief that he was fitted for or needed the exercise of the franchise; for it was and is an article of the political faith of the southern people that the exercise of suffrage is a high privilege, an historical and inherited right, not the natural and absolute right of all men. The reasons were very different, and were based entirely on expediency and necessity: (1) Such action would forestall the Radical programme and disarm, to some extent, the hostile party at the North. (2) It would enable the native leaders, by conferring the privilege on the negro, to gain his confidence, control his vote, and thereby make it harmless. It was certain, it seemed, that two widely separated white political parties would arise as soon as outside pressure should be removed, and each hoped to get control of most of the negro vote. (3) Such a measure would increase the representation of the state in the Congress, thus giving them needed strength at a critical period. (4) The Black Belt hoped in this way to regain its former political influence. The new const.i.tution, by making the white population the basis of representation, had transferred political supremacy to the white counties.

As early as October, 1865, Truman remarked that some leaders were thinking of giving the ballot to the negroes. He thought that suffrage for the negroes would harm them and would inflame the lower cla.s.ses of whites against them. But if left to the leaders and politicians, they, for the sake of increased representation in Congress, would bring the people around, and by 1870 the negro would be voting.[1024] About the same time a correspondent of _The Nation_ observed that there was no great objection to giving the negro the ballot because the white leaders thought that they could control it. It would not be opposed by the planters of the South, but by the middle and poorer cla.s.ses,--the merchants, mechanics, and laborers.[1025] Early in 1866 Representative Brooks[1026] of Lowndes, a black county, introduced a bill in the lower house providing for a qualified negro suffrage based on education and property. It was laid on the table, but not before a calm and dispa.s.sionate discussion. The bill proposed by Brooks was opposed more because it disfranchised a large number of whites than because it gave suffrage to the negro. The debates showed that later the legislature would do something along that line if a.s.sured that such a course would result in readmission into the Union. In the discussion the idea was urged that something must be done to prevent the Radicals from taking the question of suffrage to the central government. This, it was held, would be dangerous to the South, with its peculiar population, to which general Federal legislation would not well apply, and hence it would be dangerous for the suffrage question to become one of national instead of state concern. Then, too, the people were intensely weary of provisional rule, and wanted to resume their proper position in the Union.[1027]

The people of the north Alabama white counties, the hilly section of the state, were opposed to any form of negro suffrage, though some of their leaders who understood the state of affairs were willing to think of it as a last resort to defeat the intentions of the Radicals. The Black Belt people, who had less prejudice against the negro and who were sure that they could control him and gain in political power, were more favorably inclined. Left alone, the various interests would have united to carry through the project in time. Suffrage so conferred upon the blacks would have been strictly limited,--a premium offered, not a right acknowledged,--under the control of the native white leaders and supporting their interests, just exactly the situation of the lower-cla.s.s voters everywhere else, and the reverse of the southern situation since 1867.

One of the north Alabama leaders, L. Pope Walker,[1028] after consulting with other prominent men, went to Montgomery and conferred with General Swayne in regard to the state of affairs. Swayne gave a.s.surance that a qualified negro suffrage would be favorably received at the North, would create a good impression, and a.s.sist, perhaps, in an early restoration of the state to the Union. He knew that suffrage for the negro brought about in this way would result in gaining the black vote for the southern and probably for the Democratic party. Though a believer in the rights of all men to vote and a strong Republican, Swayne was not then committed to the Radical programme and was ready to encourage the movement. An opportunity for the entering wedge was now at hand. Many of the minor magistrates and the sheriffs were also administering the affairs of the Freedmen's Bureau, and consequently were more or less under the direction of Swayne, who was the a.s.sistant commissioner in Alabama. His instructions to agents, before the convention, directed that all laws be administered without regard to color. Governor Parsons approved these directions and required all provisional officers to take oath accordingly. The convention sanctioned this arrangement, and ordered it to continue until the close of the next general a.s.sembly. This general a.s.sembly had practically continued the arrangements already made. In consequence, the state officials, whether willingly or not, were still, at the time when the movement for negro suffrage began, obliged to obey the directions of Swayne. The bulk of the people being opposed to the movement, it was proposed to make an experiment on the responsibility of the Freedmen's Bureau and to use that much-disliked inst.i.tution as an instrument, for the people would not be much surprised at anything it would do. So the sheriff of Madison County, in the winter of 1866-1867, when some local election was at hand, wrote to General Swayne, asking if the election laws also were to be carried out regardless of color. He announced his willingness to carry out instructions. Here was an opportunity to begin the experiment, but public feeling became so irritated by the Radical measures in Congress that nothing was done, the election was not held, and the Reconstruction Acts, coming soon after, prejudiced the people more strongly than ever against anything of the kind.[1029]

About December 1, 1866, a bill was introduced into the state legislature "to amend the const.i.tution of the state according to impartial suffrage, and then ask representation, leaving the amnesty question in the hand of Congress." Reporting this action to Chief Justice Chase, Swayne added: "This I am told is popular, and the member is sustained by his const.i.tuents."[1030] The legislature, at the same time, intended to reject the Fourteenth Amendment.

It has been stated that in February, 1867, an effort was made, with the indors.e.m.e.nt of the President, to induce the southern legislatures which had rejected the Fourteenth Amendment to adopt a qualified negro suffrage.

This was tried in Alabama and North Carolina, and probably hastened congressional Reconstruction.[1031]

With the pa.s.sage of the Reconstruction Acts and other congressional action in regard to the negroes, affairs changed complexion rapidly. The alienation of the races began. It was seen that the negro vote would now be controlled by worthless outsiders and native whites. The expected division of the whites into two well-defined parties did not occur; there was an almost united white party. A few whites, indeed, there were who were ready to try negro suffrage, not those, however, who had been thinking of it during the past two years. The result of the war had intensified party spirit. The old "Union" men were intensely bitter against the secessionists or "precipitators," and in the present crisis some otherwise good citizens were so blinded by party pa.s.sion as to put revenge above the welfare of their country, and were ready to accept the aid of their former slaves in their fight against the men whom they considered responsible for the present condition of affairs. Others who now took up negro suffrage were mere politicians, content to take office at any price to the country, and who could never hope for office until existing inst.i.tutions were destroyed.[1032]

New Conditions of Congress and Increasing Irritation

The first general a.s.sembly under the provisional government ratified the Thirteenth Amendment, "with the understanding that it does not confer upon Congress the power to legislate upon the political status of freedmen in this state."[1033] The same legislature requested the President to order the withdrawal of the Federal troops on duty in Alabama, for their presence was a source of much disorder and there was no need of them.[1034]

The President was asked to release Hon. C. C. Clay, Jr., who was still in prison.[1035] At the end of the session a resolution was adopted approving the policy of President Johnson and pledging cooperation with his "wise, firm, and just" work; a.s.serting that the results of the late contest were conclusive, and that there was no desire to renew discussion on settled questions; denouncing the misrepresentations and criminal a.s.saults on the character and interest of the southern people; declaring that it was a misfortune of the present political conditions that there were persons among them whose interests were promoted by false representations; confidence was expressed in the power of the administration to protect the state from malign influences; slavery was abolished and should not be reestablished; the negro race should be treated with humanity, justice, and good faith, and every means be used to make them useful and intelligent members of society; but "Alabama will not voluntarily consent to change the adjustment of political power as fixed by the Const.i.tution of the United States, and to constrain her to do so in her present prostrate and helpless condition, with no voice in the councils of the nation, would be an unjustifiable breach of faith."[1036]

During the year 1866 there was a growing spirit of independence in the Alabama politics. At no time had there been a subservient spirit, but for a time the people, fully accepting the results of the war, were disposed to do nothing more than conform to any reasonable conditions which might be imposed, feeling sure that the North would impose none that were dishonorable. To them at first the President represented the feeling of the people of the North, perhaps worse. The theory of state sovereignty having been destroyed by the war, the state rights theories of Lincoln and Johnson were easily accepted by the southerners, who were content, after Johnson had modified his policy, to leave affairs in his hands. When the serious differences between the executive and Congress appeared, and the latter showed a desire to impose degrading terms on the South, the people believed that their only hope was in Johnson. They believed the course of Congress to be inspired by a desire for revenge. Heretofore the people had taken little interest in public affairs. Enough voters went to the polls and voted to establish and keep in operation the provisional government.

The general belief was that the political questions would settle themselves or be settled in a manner fairly satisfactory to the South. Now a different spirit arose. The southerners thought that they had complied with all the conditions ever asked that could be complied with without loss of self-respect. The new conditions of Congress exhausted their patience and irritated their pride. Self-respecting men could not tamely submit to such treatment.[1037]

During the latter part of 1865 and in 1866, ex-Governor Parsons travelled over the North, speaking in the chief cities in support of the policy of the President. He asked the northern people to rebuke at the polls the political fanatics who were inflaming the minds of the people North and South. He demanded the withdrawal of the military. There had been, he said, no sign of hostility since the surrender; the people were opposed to any legislation which would give the negro the right to vote; and it was the duty of the President, not of Congress, to enforce the laws.[1038]

Much angry discussion was caused by the pa.s.sage of the Freedmen's Bureau Bill in 1866. The Bureau officials had caused themselves to be hated by the whites. They were a nuisance, when no worse, and useless,--a plague to the people. Though there were comparatively few in the state, they were the cause of disorder and ill-feeling between the races. Though there was now even less need of the inst.i.tution than a year before, the new measure was much more offensive in its provisions.[1039] There was great rejoicing when the President vetoed the bill, which the _Mobile Times_ called "an infamous disorganization scheme of radicalism." The Bureau had become a political machine for work among white and black. The pa.s.sage of the bill over the veto was felt to be a blow at the prostrate South.[1040]

The Civil Rights Bill of 1866 was also a cause of irritation. There was a disposition among the officials of the Freedmen's Bureau to enforce all such measures before they became law. Orders were issued directing the application of the principles of measures then before Congress. The United States commissioner in Mobile decided that under the "Civil Rights Bill"[1041] negroes could ride on the cars set apart for the whites.

Horton, the Radical military mayor of Mobile, banished to New Orleans an idiotic negro boy who had been hired to follow him and torment him by offensive questions. Horton was indicted under the "Civil Rights Bill" and convicted. The people of Mobile were much pleased when a "Yankee official was the first to be caught in the trap set for southerners."[1042]

Another citizen of Mobile, a magistrate, was haled before a Federal court, charged with having sentenced a negro to be whipped, contrary to the provisions of the "Civil Rights Bill." The magistrate explained that there was nothing at all offensive about the whipping. He had not acted in his magisterial capacity, but had himself whipped the negro boy for lying, stealing, and neglect of duty while in his employ.[1043] The agent of the Bureau at Selma notified the mayor that the "chain gang system of working convicts on the streets had to be discontinued or he would be prosecuted for violation of the 'Civil Rights Bill.'"[1044] Judge Hardy of Selma decided in a case brought before him that the "Civil Rights Bill" was unconst.i.tutional. He declared it to be an attack on the independence of the judiciary.[1045]

Rejection of the Fourteenth Amendment

In the fall of 1866 the proposed Fourteenth Amendment was submitted to the legislature. There was no longer any belief that further yielding would do any good; the more the people gave the more was asked. State Senator E. A.

Powell wrote to John W. Forney that the people would do nothing about the Fourteenth Amendment because they were convinced that any action would be useless. Condition after condition had been imposed and had been absolved; slavery had been abolished, secession acknowledged a failure, and the war debt repudiated by the convention; the legislature had ratified the Thirteenth Amendment, had secured the negro in all the rights of property and person; and after all the state was no nearer to restoration.[1046]

This was the view of nearly all the newspapers of the state, and in this they represented popular opinion. They were intensely irritated by the fact that, although they had made so many concessions, still they were excluded from representation in Congress, and were heavily and unjustly taxed.[1047] Moreover, they were opposed to the amendment because it branded their best men as traitors.[1048] One newspaper, alone, advocated adoption of the amendment as the least of evils.[1049]

John Forsyth, in the _Mobile Register_, said: "It is one thing to be oppressed, wronged, and outraged by overwhelming force. It is quite another to submit to voluntary abas.e.m.e.nt" by adopting the Fourteenth Amendment. It should be rejected, he said, because it would disfranchise the very best of the respectable whites, the beloved leaders of the people. Judge Busteed, in a charge to the Federal grand jury, delivered a political harangue advocating the adoption of the Amendment. Many ultra "union" men in north Alabama opposed the Amendment for three reasons: (1) though it would disfranchise the leaders, the great ma.s.s of the white people would still be allowed to vote, especially those who had not held civil office during the war; (2) some of these "union" men had been ardent secessionists at the beginning and had thus compromised themselves, or had been elected to the legislature or to some "bomb-proof" office during the war--as "obstructionists," they claimed--and the proposed amendment would disfranchise them along with the Confederate leaders; (3) this cla.s.s as a rule disliked the negro and never wanted negro suffrage if it were possible to secure the overthrow of existing inst.i.tutions without it. Two planters of the Black Belt were ready for negro suffrage to one "buckra."[1050] Those men who considered themselves "unionists" wanted no negro suffrage, nor anything so weak as the Fourteenth Amendment; but desired some kind of a military regime in which the United States government should place them in permanent possession of the state administration and exclude all who were not like themselves. The test should be a political one, they said. It seems to be a fact that a few hundred such men with, at the most, five thousand followers expected to have the whole state administration under their direction for years. Yet it would have required a special law of exemption for each of them in order to protect them from the proscription which was to be visited upon the ex-Confederates. For these "unionists" had often betrayed both sides during the war. Their most patriotic duty had been "obstruction."

By most persons the question of negro political rights was considered to belong to the state and was not a matter for the Federal government to regulate. "Loyalists" as well as "rebels" were afraid to leave negro affairs to the regulation of Congress. In his annual message to the legislature, in November, 1866, Governor Patton advised the legislature not to ratify the Fourteenth Amendment, on the ground that it could do no good and might do harm. It involved a creation of a penalty after the act.

On this point, he said that it was an _ex post facto_ law, and contrary to the whole spirit of modern civilization; that such a mode of dealing with citizens charged with offences against government belonged only to despotic tyrants; that it might accomplish revengeful purposes, but that was not the proper mode of administering justice; that adoption would vacate merely all offices in most of the unrepresented states--governors, judges, legislators, sheriffs, justices of peace, constables--and the state governments would be completely broken up and reduced to utter and hopeless anarchy; that the disabilities imposed by the test oath were seriously detrimental to the interests of the government; that ratification of the Amendment could not accomplish any good to the country and might bring upon it irretrievable disaster.[1051]

Under the circ.u.mstances, the legislature refused to consider the Amendment. But the governor during the next few weeks was induced by various considerations to recommend the ratification, and on December 7, 1866, he sent a special message stating that there was a purpose on the part of those who controlled the national legislation to enforce their own terms of restoration at all hazards; and that their measures would immeasurably augment the distress already existing and inaugurate endless confusion. The cardinal principle of restoration seemed to be, he said, favorable action on the Fourteenth Amendment. Upon principle he was opposed to it. Yet necessity must rule. So now he recommended reconsideration. If they should ratify and restoration should follow, they might trust to time and their representatives to mitigate its harshness.

If they should ratify and admission should be delayed, it would serve as a warning to other states and thus prevent the necessary number for ratification.[1052]

The message created excitement in the legislature and the chances were favorable for ratification; but ex-Governor Parsons, who was in the North, advised against it. He thought the northern people would support the President in the matter. The legislature refused to ratify by a vote of 27 to 2 in the Senate, and 69 to 8 in the House.[1053] Potter of Cherokee gave notice that on January 15 he would move to reconsider the vote.

Governor Patton, moreover, was convinced that Congress meant to carry out its plan of reconstruction, and that opposition might make matters worse.

General Swayne kept a strong pressure upon him, a.s.suring him that Congress would have its own way. During the Christmas holidays the governor made speeches in north Alabama in favor of ratifying the Amendment. Congress would require it, he said. On principle he opposed the measure, but it must come at last. "Look the situation squarely in the face," he said; only 2000 or 3000 men (himself included) would be deprived of office, and to oppose Congress was to ruin the state, to territorialize it. There were men in Washington, he said, who were already working in order to be made provisional governor under the new regime.[1054] After the recess Patton sent a second message recommending that the Amendment be adopted, since it was the evident purpose of Congress to enforce their own terms.[1055] For a day or two it was considered, General Swayne and the governor using their influence with the members, and it seemed almost sure to be ratified. But Parsons, then in Montgomery, telegraphed (January 17, 1867) to the President that the legislature was reconsidering the Amendment.

Johnson replied saying that no possible good could come of such action; that he did not believe the people of the country would sustain "any set of individuals" in attempts to change the whole character of the government, but that they would uphold those who stood by the Const.i.tution; and that there should be no faltering on the part of those who were determined to sustain the coordinate departments of the government in accordance with its original design. For the third time the Amendment failed to pa.s.s.[1056] One of the last resolutions pa.s.sed by the provisional legislature before it was abolished by the Reconstruction Acts was on February 1, 1867, in regard to memorializing Congress to establish a uniform system of bankruptcy. Relief was needed, they stated, "yet the promptings of self-respect forbid the propriety of further intruding our appeals upon a Congress which refuses to recognize the state of Alabama for any purpose other than that of taxation. It is a source of regret that Congress has a.s.sumed an att.i.tude toward the state of Alabama totally incompatible with the mutual obligations of allegiance and protection."[1057]

Political Conditions, 1865-1867; Formation of Parties

In the convention of 1865 two well-defined parties had appeared, though generally, at that time, for the sake of harmony they acted together.

These parties grew farther and farther apart. One of them, consisting of most of the people, especially of the central and southern section of the state, supported the policy of the President. The other party was a motley opposition. In it were the few original "Union" men, the tories, and many more self-styled "union" men, who saw an opportunity for advancement for themselves if the present government were overthrown. There were others who thought that the old ruling cla.s.s should now retire absolutely from public life and allow their former followers to take their places. There was a fair sprinkling of respectable men who were bitterly opposed to any party or policy that suited the former Democrats, and believing that Congress would not be too severe, they were willing to see three or four thousand of the leaders disfranchised in order to get the state back into the Union. They were willing also to become leaders themselves in the place of those disfranchised.

During the year 1866 these parties were organized to some degree, held meetings, and made bids for northern support. The opposition worked into the hands of the Radical party at the North, though many of them did not favor the full Radical programme, especially as regarded negro suffrage.

The other party took the name of the "Conservative" or "Democratic and Conservative." It was composed of former Democrats, Whigs, Know-nothings, Anti-Know-nothings, Bell and Everett men,--nearly all of the respectable voting people. These allied with the "Conservative" party in other southern states and with the Democrats in the North and formed the "National Union Party." Its platform was essentially the presidential plan of Reconstruction.[1058] The campaign of 1866 was made on many issues,--the Civil Rights Bill, Freedmen's Bureau Bill, Fourteenth Amendment, the plans of Reconstruction. Ex-Governor Parsons and other prominent Alabamians spoke in the cities of the North in support of the policy of the President. Ex-Governor Shorter, in a public letter, said that he had been a "rebel" until the close of the war, and understood the feeling of the people of Alabama. There had not been since the surrender and there was not now, he said, any antagonism to the United States government, and Reconstruction based on the a.s.sumption of this would be harmful and hopeless. The people had given their allegiance to the government and had remodelled their state organizations in good faith.[1059]

"Southern outrages" now began afresh. The Radical press and Radical politicians began to manufacture tales of outrage and cruelty on the part of the southern whites against negroes. There had been all along a disposition to look for "outrages" in the South, and the reports of Schurz and the Joint Committee on Reconstruction seemed to put the seal of truth on the tissue of falsehoods, and for campaign purposes "outrages" were increased. For several years, judging from some accounts, the entire white population--men, women, and children--must have given much of their time to persecuting, beating, and killing negroes and northern men. The Radical papers seized upon the silly things said or done by the idlers of bar-rooms and street corners or printed in the small newspapers and magnified them into the "threatening voice of a whole people." Against this mistake General Swayne repeatedly protested. He had no special liking for the southern people, but he scorned to misrepresent the true state of affairs for political capital. During his stay in the state (more than two years) the tenor of his reports was: There was no trouble from the southern whites; northern men were welcomed in a business way; disorder and lawlessness existed in sections of the state, but this was a natural result of long war and civil strife among the people. In his reports, Swayne repeatedly stated that as time went on the condition of affairs was gradually improving. Newspaper correspondents sent to write up conditions in the South went among the most worthless part of the population, in bar-rooms, hotel lobbies, on street corners, in country groceries, and wrote up the doings and sayings of these people as representative of all.

Even E. L. G.o.dkin was not above doing such a thing at times.[1060] These writers carefully recorded the idle talk about the negro and the North and dressed it up for Radical information. A favorite plan was to find some woman, coa.r.s.e and vulgar and cruel-minded, and describe her and her speeches as representative of southern women. The southern newspapers republished such correspondence as specimens of Radical methods. The whites were more and more irritated. This aggravating correspondence and the more aggravating editorials continued in some papers long after the Reconstruction period.[1061]

On the other hand, northern men received little or no social welcome in the South. Most of them would not have been sought after in any section; few representatives of northern culture came South. The indiscretions of some caused the ostracism of all. But that was not the sole reason.

General Swayne seemed surprised at "social exclusion" and mentioned it before the Reconstruction sub-committee. But, said an Alabama correspondent, what else can he expect? Why is he surprised? Can the sister, the mother, and the father who have lost their loved ones care to meet those who did the deeds? They meet with respectful treatment; let them not ask too much.[1062]