What the people needed and wanted was a settled and certain policy. The mixed administrations of the provisional authorities and the President, of the Freedmen's Bureau and the army, did not result in respect for the laws. The talk of confiscation and disfranchis.e.m.e.nt kept the people irritated. They thought that they had already complied with the conditions imposed precedent to admission to the Union and now believed that Congress was acting in bad faith. Many were willing to affiliate even with conservative Republicans in order to overthrow the Radicals. Much was hoped for in the way of good results from the "National Union" movement.

Few or none of the northern business men in the state thought that the Radical plan was necessary. They did not expect or desire its success.[1063]

There was a convention of the Conservative party at Selma in July, 1866.

Delegates were elected to the National Union convention at Philadelphia.[1064] The Selma convention indorsed the policy of Johnson and condemned the Radical party as the great obstacle to peace. The most prominent men of the state were present, representing both of the old parties--Whigs and Democrats.[1065] The national platform adopted in Philadelphia stated the principles to which the southerners had now committed themselves, viz.: the war had decided the national character of the Const.i.tution; but the restrictions imposed by it upon the general government were unchanged and the rights and authority of the states were unimpaired; representation in Congress and in the electoral college was a right guaranteed by the Const.i.tution to every state, and Congress had no power to deny such right; Congress had no power to regulate the suffrage; there is no right of withdrawal from the Union; amendments to the Const.i.tution must be made as provided for by the Const.i.tution, and all states had the right to a vote on an amendment; negroes should receive protection in all rights of person and property; the national debt was declared inviolable, the Confederate debt utterly invalid; and Andrew Johnson's administration was indorsed.[1066]

Ex-Governor Parsons and others from Alabama spoke in New York, New Jersey, Maine, and Pennsylvania, at National Union meetings. Parsons told the North that the conservative people of Alabama were in charge of the administration, and would not send extreme men to Congress; the representatives chosen had opposed secession. The "Union" party,--a large one in the state,--he said, had hoped that after the war each individual would have to answer for himself, but instead all were suffering in common.[1067]

The opposition party was weak in numbers and especially weak in leaders.

The tory and deserter element, with a few from the obstructionists of the war time and malcontents of the present who wanted office, made up the native portion of the party. Northern adventurers, princ.i.p.ally agents of the Freedmen's Bureau, teachers and missionaries, and men who had failed to succeed in some southern speculation, with a number of those who follow in the path of armies to secure the spoils, composed the alien wing of the opposition party.[1068] The fundamental principle upon which the existence of the party was based required the destruction of present inst.i.tutions and the creation of a new political people who should be kept in power by Federal authority. The northern soldiers of fortune saw at once that it would be necessary to give the ballot to the negro. The native Radicals disliked the idea of negro suffrage and seemed to think that the central government should proscribe all others, place them in power and hold them there by armed force until they could create a party.

Such a party could secure a northern alliance only with the extreme Radical wing of the Republican party. A convention of "Southern Unionists"

was held in Washington, in July, 1866, which issued an address to the "loyalists" of the South, declaring that the reconstruction of the southern state governments must be based on const.i.tutional principles, and the present despotism under an atrocious leadership must not be permitted to remain; the rights of the citizens must not be left to the protection of the states, but Congress must take charge of the matter and make protection coextensive with citizenship; under the present state governments, with "rebels" controlling, there would be no safety for loyalists,--they must rely on Congress for protection. A meeting of "southern loyalists" was called to be held in September, in Independence Hall in Philadelphia.[1069] The Alabama delegates to this convention were George Reese, D. H. Bingham, M. J. Saffold, and J. H. Larcombe. This Philadelphia convention condemned the "rebellion as unparalleled for its causelessness, its cruelty, and its criminality." "The unhappy policy" of the President was "unjust, oppressive, and intolerable." The policy of Congress was indorsed, but regret was expressed that it did not provide by law for the greater security of the "loyal" people in the southern states. Demand was made for "the establishment of influences of patriotism and justice" in each of the southern states. Washington, Lincoln, the Declaration of Independence, Philadelphia, and Independence Hall--all were brought in. The question of negro suffrage was discussed, and most of the delegates favored it. Of the five delegates from Alabama, two announced themselves against it.[1070] At a Radical convention in Philadelphia about the same time the delegates from Alabama were Albert Griffin, an adventurer from Ohio; D. H. Bingham, a bitter tory, almost demented with hate; and M. J. Saffold, who had been an obstructionist during the war.

Here was the beginning of the alliance of carpet-bagger and scalawag that was destined to ruin the state in six years of peace worse than four years of war had done. The convention indulged in unstinted abuse of Johnson and demanded "no mercy" for Davis. Bingham was one of the committee that presented the hysterical report demanding the destruction of the provisional governments in the South. Saffold opposed the negro suffrage plank. He had no prejudice himself, he explained, but thought it was not expedient. He was hissed and evidently brought to the correct opinion.[1071]

After the report of the Joint Committee on Reconstruction in 1866 it was believed by the Radicals that Congress would be victorious over the President, and the party in Alabama that expected to control the government under the new regime began to hold meetings and organize preparatory to dividing the offices. January 8-9, 1867, a thinly attended "Unconditional Union Ma.s.s-meeting" was held at Moulton, in Lawrence County. Eleven of the counties of north Alabama were represented, the hill and mountain people predominating. Nicholas Davis, who presided, said that none but "loyal" men must control the states, lately in rebellion.[1072]

The action of Congress was commended by the convention; the proposed Fourteenth Amendment was indorsed; and Congress was asked to distinguish between the "precipitators" and those "coerced or otherwise led by the usurpers."[1073] They asked for $100 a year bounty for all Union soldiers from north Alabama, and for the compensation of Unionists for property lost during the war. The leaders here present were Freedmen's Bureau agents, Confederate deserters, and former obstructionists.[1074]

A "Union" convention was held in Huntsville, March 4, 1867. Seventeen north Alabama counties were represented by much the same crowd that attended the Moulton convention.[1075] General Swayne was there, carried along by the current, and, it was said, hoping for high office under the new regime.[1076] The convention declared that a large portion of the people of the South had been opposed to secession, but rather than have civil war at home had acquiesced in the revolution; that the true position of these "unionists" now was with the party that would protect them against future rebellion; it was necessary that the Federal government be strengthened; the "union" men of each county were asked to hold meetings and send delegates to a state convention to be held during the summer.[1077]

The spring of 1867 saw the white Radical party stronger than it ever was again. The few native whites who were to take part in the Reconstruction had chosen their side. After this time the party gradually lost all its respectable members. The carpet-baggers and Bureau agents had not yet shown their strength. The scalawags did not foresee that to the carpet-baggers would fall the lion's share of the plunder, owing to their control over the negro vote.

The President's plan failed, not because of any inherent defect in itself, but because of the bungling manner in which it was administered. If President Johnson had been content to place confidence in any one of the agencies to which were intrusted the government of the South, it would have been better. Had the governments set up by him been endowed with vigor, it is probable that Congress would not have fallen wholly under the control of the Radicals. The penalty for the indiscretions of the President was visited upon the South. To-day the southern people like to believe that, had Lincoln lived, his policy would have succeeded, and the horrors of Reconstruction would have been mitigated or prevented.

Johnson's policy was that of Lincoln, except that he reserved to himself a much larger part in setting up and running the provisional governments. He established state governments, p.r.o.nounced them const.i.tutional, completed, perfected, and asked Congress to recognize them before he had proclaimed the rebellion at an end or restored the privilege of the writ of _habeas corpus_.[1078]

He interfered himself, and allowed or ordered the army to interfere, in the smallest details of local administration. The military rule in Alabama was on the whole as well administered as it could be, which is seldom well. There were too few soldiers and the posts were too widely separated for the exercise of any firm or consistent authority. But the people were sorry to see even the worst of this give place to the reign of carpet-bagger, scalawag, and negro. The interference of the army and the President discredited the civil government in the minds of the people. The absolute rule of the President over the whole of ten states, though never used for bad purposes, was, nevertheless, not to be viewed with equanimity by those who were afraid of the almost absolute power that the executive had a.s.sumed during the war. That the power had not been used for bad purposes was no guarantee against future misuse. There was some excuse for the pretended fright of the Radical leaders, like Sumner and Stevens, and the real anxiety of more moderate men, at the dictatorial course of Johnson. But it must be said that a desire for a share in political appointments was a cause of much of this "real anxiety."

From 1865 to 1868, and even later, there was, for all practical purposes, over the greater part of the people of Alabama, no government at all.

There was little disorder; the people were busy with their own affairs.

Public opinion ruled the respectable people. Until the close of Reconstruction, the military and civil government touched the people mainly to annoy. From 1865 to 1874 government and respect for government were weakened to a degree from which it has not yet recovered. The people governed themselves extra-legally and have not recovered from the practice.

By taking cases from the civil authorities for trial before military commission, by dictating the course of the civil government, by nullifying the actions of the highest executive officers, the acts of the legislature, and the decisions of the highest courts, the army was mainly responsible for the lack of confidence in the civil administration.

CHAPTER X

MILITARY GOVERNMENT, 1865-1866

In the account of the affairs thus far we have seen many evidences of the active partic.i.p.ation of the military power of the United States in the conduct of government in Alabama. It will be useful at this point to examine with some care the form and scope of the authority concerned during the period of the provisional state government's existence.

The Military Division of the Tennessee (1863), under General Grant, included the Department of the c.u.mberland, under the command of General George H. Thomas. Several counties of north Alabama in the possession of the Federals formed a part of this department and for three years were governed entirely by the army, except for two short intervals, when the Federal forces were flanked and forced to retire. Anarchy then reigned, for the civil government had been almost entirely destroyed in ten of the northern counties. June 7, 1865, the Military Division of the Tennessee was reorganized under General Thomas, and included in it was the Department of Alabama, commanded by General C. R. Woods, with headquarters at Mobile. In October, 1865, Georgia and Alabama were united into a military province called the Department of the Gulf, under General Woods.

This department was still in the Military Division of the Tennessee, commanded by General Thomas. June 1, 1866, Alabama and Georgia were formed into the Department of the South and were still in Thomas's Military Division of the Tennessee. General Woods commanded, with headquarters at Macon, Georgia. Alabama was ruled by General Swayne from Montgomery.

August 6, 1866, the Military Division of the Tennessee was discontinued and was made a department, General Thomas retaining the command. In this department Georgia and Alabama formed the District of the Chattahoochee, with headquarters at Macon, commanded by General Woods. The Sub-district of Alabama was commanded by General Swayne, who was also in charge of the Freedmen's Bureau at Montgomery. This organization lasted until the Third Military District, under the Reconstruction Acts of March 2, 1867, was formed of Alabama, Florida, and Georgia, and General Thomas (immediately superseded by General Pope) was put in command.[1079]

The Military Occupation

Within a month after the surrender of Lee, Alabama was occupied by Federal armies, and garrisons were being stationed at one or more points in all the more populous counties. Everywhere, the state and county government was broken up by the military authorities, who were forbidden to recognize any civil authority in the state. Into each of the 52 counties soldiers were sent to administer the oath of allegiance to the United States to any one who wished to take it. Most people were indifferent about it.[1080]

For several months there was no civil government at all, and no government of any kind except in the immediate vicinity of the army posts and the towns where military officers and Freedmen's Bureau agents regulated the conduct of the negroes, and incidentally of the whites, well or badly, according to their abilities and prejudices. Some of the officers, especially those of higher rank, endeavored to pacify the land, gave good advice to the negroes, and were considerate in their relations with the whites; others incited the blacks to all sorts of deviltry and were a terror to the whites.[1081] Each official in his little district ruled as supreme as the Czar of all the Russias. He was the first and last authority on most of the affairs of the community.

Early in the summer each city and its surrounding territory was formed into a military district under the command of a general officer, who was subject to the orders of General Woods at Mobile. There were the districts of Mobile, Montgomery, Talladega, and Huntsville--each with a dozen or more counties attached. Then there were isolated posts in each. The district was governed by the rules applying to a "separate brigade" in the army.[1082] The different posts, districts, and departments were formed, discontinued, reorganized, with lightning rapidity. Hardly a single day pa.s.sed without some change necessitated by the resignation or muster out of officers or troops. Commanding officers stayed a few days or a few weeks at a post, and were relieved or discharged. Some of the officers spent much of their time pulling wires to keep from being mustered out.

Others resigned as soon as their resignations would be accepted. Few or none had any adequate knowledge of conditions in their own districts, nor was it possible for them to acquire a knowledge of affairs in the short time they remained at any one post.

After the establishment of the provisional government, the army was supposed to retire into the background, leaving ordinary matters of administration to the civil government. This it did not do, but constantly interfered in all affairs of government. The army officers cannot be blamed for their meddling with the civil administration, for the President did the same and seemed to have little confidence in the governments he had erected, though he gave good accounts of them to Congress. The struggle at Washington between the President and Congress over Reconstruction confused the military authorities as to the proper policy to pursue. The instructions from the President and from General Grant were sometimes in conflict.

In August, 1865, the military commander published the President's Amnesty Proclamation of May 29, 1865, and sent officers to each county to administer the oath.[1083] Instructions were given that "no improper persons are to be permitted to take the oath." The oath was to be signed in triplicate, one copy for the Department of State, one for military headquarters, and one for the party taking the oath. Regulations were prescribed for making special applications for pardon by those excepted under the Amnesty Proclamation. There were 120 stations in the state where officials administered the oath of amnesty.[1084] The military authorities gave the term "improper persons" a broad construction and excluded many who applied to take the oath. The various officers differed greatly in their enforcement of the regulations. Special applications for pardon had to go through military channels, and that meant delays of weeks or months; so, after civil officials were appointed in Alabama, "improper persons"

took the oath before them, and then their papers were sent at once to Washington for the attention of the President. There was some scandal about the provisional secretary of state accepting reward for pushing certain applications for pardon. But there was no need to use influence, for the President pardoned all who applied.

Soon after Parsons was appointed provisional governor, an order stated that the United States forces would be used to a.s.sist in the restoration of order and civil law throughout the state and would act in support of the civil authorities as soon as the latter were appointed and qualified.

The military authorities were instructed to avoid as far as possible any a.s.sumption or exercise of the functions of civil tribunals. No arrest or imprisonment for debt was to be made or allowed, and depredations by United States troops upon private property were to be repressed.[1085]

The Army and the Colored Population

As acting agents of the Freedmen's Bureau, the army officers had to do with all that concerned the negroes; but sometimes, in a different capacity, they issued regulations concerning the colored race. It is difficult to distinguish between their actions as Bureau agents and as army officers. On the whole, it seems that each officer of the army considered himself _ex officio_ an acting agent of the Bureau.

Soon after the occupation of Montgomery, an order was issued prohibiting negroes from occupying houses in the city without the consent of the owner. They had to vacate unless they could get permission. Negroes in rightful possession had to show certificates to that effect from the owner. All unemployed negroes were advised to go to work, as the United States would not support them in idleness.[1086] This order was intended to discourage the tendency of the negro population to flock to the garrison towns. The first troops to arrive were almost smothered by the welcoming blacks, who were disposed to depend upon the army for maintenance. The officers were at first alarmed at the great crowds of blacks who swarmed around them, and tried hard for a time to induce them to go back home to work. Their efforts were successful in some instances.

In view of the fact that the posts and garrisons were the gathering places of great numbers of unemployed blacks, an order, issued in August, 1865, instructed the commanders of posts and garrisons to prohibit the loitering of negroes around the posts and to discourage the indolence of the blacks.[1087]

In Mobile some kind of civil government must have been set up under the direction of the military authorities, for we hear of an order issued by General Andrews that in all courts and judicial proceedings in the District of Mobile the negro should have the same standing as the whites.[1088] These may have been Bureau courts.

It was represented to the military commander that the negroes of Alabama had aided the Federals in April and May, 1865, by bringing into the lines, or by destroying, stock, provisions, and property that would aid the Confederacy, and that they were now being arrested by the officers of the provisional government for larceny and arson. So he ordered that the civil authorities be prohibited from arresting, trying, or imprisoning any negro for any offence committed before the surrender of Taylor (on May 4, 1865), except by permission of military headquarters or of the a.s.sistant commissioner of the Freedmen's Bureau.[1089] When the Federal armies pa.s.sed through the state in April and May, 1865, thousands of negroes had seized the farm stock and followed the army, for a few days at least.

There was more of this seizure of property by negroes after garrisons were stationed in the towns. The order was so construed that practically no negro could be arrested for stealing when he was setting out for town and the Bureau. A few weeks before the order was issued, Woods stated, "I do not interfere with civil affairs at all unless called upon by the governor of the state to a.s.sist the civil authorities."[1090]

Terrible stories of cruel treatment of the negroes were brought to Woods by the Bureau officials, and he sent detachments of soldiers to investigate the reports. Nothing was done except to march through the country and frighten the timid by a display of armed force, which was evidently all the agents wanted. One detachment scoured the counties of Clarke, Marengo, Washington, and Choctaw, investigating the reports of the agents.[1091]

The commanding officers at some posts authorized militia officers of the provisional government to disarm the freedmen when outbreaks were threatened. But after Christmas General Swayne ordered that no authority be delegated by officers to civilians for dealing with freedmen, but that such cases be referred to himself as the a.s.sistant commissioner of the Freedmen's Bureau.[1092] There had been great fear among some cla.s.ses of people that the negroes would engage in plots to ma.s.sacre the whites and secure possession of the property, which they were a.s.sured by negro soldiers and Bureau agents the governor meant them to have. About Christmas, 1865, the fear was greatest. For six months the blacks had been eagerly striving to get possession of firearms. The soldiers and speculators made it easy for them to obtain them. In Russell County $3000 worth of new Spencer rifles were found hidden in negro cabins.[1093] There were few firearms among the whites, for all had been used in war and were therefore seized by the United States government. Some feared that the negroes were preparing for an uprising, but it is more probable that they merely wanted guns as a mark of freedom. The purchase of firearms by whites was discouraged by the army. The sale of arms and ammunition into the interior was forbidden, but speculators managed to sell both. General Smith, at Mobile, had one of them--Dieterich--arrested and confined in the military prison at Mobile.[1094] The _Mobile Daily Register_ was warned that it must not print articles about impending negro insurrections,[1095]

a very good regulation; but the violent negro sheet in Mobile was not noticed, though it was a cause of excitement among the blacks.

In the fall of 1866 it was reported to the Secretary of State, Mr. Seward, that negroes were being induced to go to Peru on promise of higher wages.

Seward induced Howard, the commissioner of the Freedmen's Bureau, to have the Bureau annul or disapprove all contracts of freedmen to go beyond the limits of the United States. General Swayne, who was now both a.s.sistant commissioner and military commander, was directed to enforce Howard's order in Alabama.[1096]

Administration of Justice by the Army

From April to December, 1865, all trade and commerce had to go on under the regulations prescribed by the army. The restrictions placed on trade caused demoralization both in the army and among the Treasury agents, who worked under the protection of the military.[1097] It was ordered that civilians guilty of stealing government cotton should be punished, after trial and conviction by military commission, according to the statutes of Alabama in force before the war. Later all cases of theft of government property were tried by military commission.[1098]

When the cotton agents were tried by military commission[1099] there arose a conflict of authority between the military authorities and the Federal Judge. One agent, T. C. A. Dexter, was arrested and sued out a writ of _habeas corpus_ before Busteed, the Federal judge. The writ was served on General Woods and Colonel Hunter Brooke, who presided over the military commission. The officers declined to obey, saying that a military commission had been convened to try Dexter, and that no interference of the civil authorities would be permitted. Busteed ordered Dexter to be discharged, and Woods to appear before him and show why he should not be prosecuted for contempt of court. Woods paid no attention to this order, and Busteed sent the United States marshal to arrest him. The marshal reported that he was unable to get into the presence of Woods, because the military guard was instructed not to allow him to pa.s.s. Woods sent a message to Busteed that the writ had not been restored in Alabama. Busteed made a protest to the President and a.s.serted that the trial could not lawfully proceed except in the civil courts. President Johnson sustained the course of General Woods, and thereby gave a blow to his provisional government, for Busteed at once adjourned his court--the only Federal court in the state. The sentiment of the people was with Busteed in spite of his own notorious character and that of the defendant. All wanted the civil government to take charge of affairs.[1100]

Of the cases of civilians tried by summary courts in the summer of 1865, there is no official record; of the cases tried by military commission during 1865 and 1866, only incomplete records are to be found. A partial list of the cases, with charges and sentences, is here given:--

Wilson H. Gordon,[1101] civilian, murder of negro, May 14, 1865.

Convicted.

Samuel Smiley,[1101] civilian, murder of negro, 1865. Acquitted.