T. J. Carver,[1102] cotton agent, stealing cotton. Fined $90,000 and one year's imprisonment.

T. C. A. Dexter,[1103] cotton agent, stealing cotton (3321 bales) and selling appointment of cotton agent to Carver for $25,000. Fined $250,000 and imprisonment for one year.

William Ludlow,[1104] civilian, stealing United States stock. Four years' imprisonment.

L. J. Britton,[1105] civilian, guerilla warfare and robbery. Fined $5000 and imprisonment for ten years. (Fine remitted by reviewing officer.)

George M. Cunningham,[1106] late Second Lieutenant 47th Ill. Vol.

Inf., stealing government stores. Fined $500.

John C. Richardson,[1107] civilian, guerilla warfare and robbery.

Imprisonment for ten years.

Owen McLarney,[1107] civilian, a.s.sault on soldier. Acquitted.

William B. Rowls,[1107] civilian, guerilla warfare and robbery.

Imprisonment for ten years.

Samuel Beckham,[1107] civilian, receiving stolen property.

Imprisonment for three years.

John Johnson,[1108] civilian, robbery and pretending to be United States officer. Fined $100, "to be appropriated to the use of the Freedmen's Bureau."

Abraham Harper,[1108] civilian, robbery and pretending to be United States officer. Fined $100 "to be appropriated to the use of the Freedmen's Bureau."

Most of the civilians tried by the military commissions were camp followers and discharged soldiers of the United States army. Those charged with guerilla warfare were regularly enlisted Confederate soldiers and were accused by the tory element, who were guilty of most of the guerilla warfare.[1109] It was impossible to punish outlaws for any depredations committed during the war, and for several months after the surrender, if they claimed to be "loyalists," which they usually did. The civil authorities were forbidden to arrest, try, and imprison discharged soldiers of the United States army for acts committed while in service.[1110] A similar order withdrew all "loyal" persons from the jurisdiction of the civil courts so far as concerned actions during or growing out of the war.[1111] The negroes had already been withdrawn from the authority of the civil courts so far as similar offences were concerned.[1112]

Upon the complaint of United States officials collecting taxes and revenues of the refusal of individuals to pay, the military commanders over the state were ordered to arrest and try by military commission persons who refused or neglected "to pay these just dues."[1113]

Numerous complaints of arbitrary arrests and of the unwarranted seizure of private property called forth an order from General Thomas, directing that the persons and property of all citizens must be respected. There was to be no interference with or arrests of citizens unless upon proper authority from the district commander, and then only after well-supported complaint.[1114]

The local military authorities were directed to arrest persons who had been or might be charged with offences against officers, agents, citizens, and inhabitants of the United States, in cases where the civil authorities had failed, neglected, or been unable to bring the offending parties to trial. Persons so arrested were to be confined by the military until a proper tribunal might be ready and willing to try them.[1115] This was another one of many blows at the civil government permitted by the President, who allowed the army to judge for itself as to when it should interfere.

These are the more important orders issued by the military authority relating to public affairs in Alabama during the existence of the two provisional or "Johnson" state governments. It will be seen from the scope of the orders that the local military officials had the power of constant interference with the civil government. A large part of the population was withdrawn from the jurisdiction of the civil administration. The officials of the latter had no real power, for they were subject to frequent reproof and their proceedings to frequent revision by the army officers. Both Governor Parsons and Governor Patton wanted the army removed, confident that the civil government could do better than both together. Parsons appealed to Johnson to remove the army or prohibit its interference.[1116]

He complained that the military officials had caused and were still causing much injustice by deciding grave questions of law and equity upon _ex parte_ statements. Personal rights were subject to captious and uncertain regulations. The tenure of property was uncertain, and citizens felt insecure when the army decided complicated cases of t.i.tle to land and questions of public morals. A military commission at Huntsville, acting under direction of General Thomas, had a.s.sumed to decide questions of t.i.tle to property, and in one case, a widow was alleged to have been turned out of her home.[1117] The citizens of Montgomery were indignant because the military authorities had issued licenses for the sale of liquor, and had permitted prost.i.tution by licensing houses of ill repute.

Circular No. 1, District of Montgomery, September 9, 1865, required that all public women must register at the office of the provost marshal; that each head of a disorderly house must pay a license tax of $25 a week in addition to $5 a week for each inmate, and that medical inspection should be provided for by military authority. In case of violation of these regulations a fine of $100 would be imposed for each offence, and ten to thirty days' imprisonment. The bishop and all the clergy of the Episcopal Church were suspended and the churches closed for several months because the bishop refused to order a prayer for the President.[1118] The restaurant of Joiner and Company, at Stevenson, was closed by order of the post commander because two negro soldiers were refused the privilege of dining at the regular table.[1119] Admiral Semmes, after being pardoned, was elected mayor of Mobile, but the President interfered and refused to allow him to serve. Many arrests and many more investigations were made at the instigation of the tory or "union" element, and on charges made by negroes.[1120]

Relation between the Army and the People

The unsatisfactory character of the military rule was due in a large measure to the fact that the white volunteers were early mustered out, leaving only a few regulars and several regiments of negro troops to garrison the country.[1121] These negro troops were a source of disorder among the blacks, and were under slack discipline. Outrages and robberies by them were of frequent occurrence. There was ill feeling between the white and the black troops. Even when the freedmen utterly refused to go to work, they behaved well, as a rule, except where negro troops were stationed. There is no reason to believe that it was not more the fault of the white officers than of the black soldiers, for black soldiers were amenable to discipline when they had respectable officers. Truman reported to the President that the negro troops should be removed, because "to a great extent they incite the freedmen to deeds of violence and encourage them in idleness."[1122] The white troops, most of them regulars, behaved better, so far as their relations with the white citizens were concerned.

The general officers were as a rule gentlemen, generous and considerate.

So much so, that some rabid newspaper correspondents complained because the West Pointers treated the southerners with too much consideration.[1123] In the larger posts discipline was fairly good, but at small, detached posts in remote districts the soldiers, usually, but not always, the black ones, were a scourge to the state. They ravaged the country almost as completely as during the war.[1124] The numerous reports of General Swayne show that there was no necessity for garrisons in the state. He wanted, he said, a small body of cavalry to catch fugitives from justice, not a force to overcome opposition. The presence of the larger forces of infantry created a great deal of disorder. The soldiers were not amenable to civil law, the refining restraints of home were lacking, and discipline was relaxed.[1125]

Of the subordinate officers some were good and some were not, and the latter, when away from the control of their superior officers and in command of lawless men, ravaged the back country and acted like brigands.

For ten years after the war the general orders of the various military districts, departments, and divisions are filled with orders publishing the results of court-martial proceedings, which show the demoralization of the cla.s.s of soldiers who remained in the army after the war. The best men clamored for their discharge when the war ended and went home. The more disorderly men, for whom life in garrison in time of peace was too tame, remained, and all sorts of disorder resulted. Finally "Benzine" boards, as they were called, had to take hold of the matter, and numbers of men who had done good service during the war were discharged because they were unable to submit to discipline in time of peace.

The rule of the army might have been better, especially in 1865, had there not been so many changes of local and district commanders and headquarters. Some counties remained in the same military jurisdiction a month or two, others a week or two, several for two or three days only.

The people did not know how to proceed in order to get military justice.

Orders were issued that business must proceed through military channels.

This cut off the citizen from personal appeal to headquarters, unless he was a man of much influence. Often it was difficult to ascertain just what military channels were. Headquarters and commanders often changed before an application or a pet.i.tion reached its destination.[1126]

The President merited failure with his plan of restoration because he showed so little confidence in the governments he had established. He was constantly interfering on the slightest pretexts. He asked Congress to admit the states into the Union, and said that order was restored and the state governments in good running order, while at the same time he had not restored the writ of _habeas corpus_, had not proclaimed the "rebellion"

at an end, and was in the habit of allowing and directing the interference of the army in the gravest questions that confronted the civil government.

In this way he discredited his own work, even in the eyes of those who wished it to succeed. His intentions were good, but his judgment was certainly at fault.

The army authorities went on in their accustomed way until Swayne was placed in command, June 1, 1866, when a more sensible policy was inaugurated, and there was less friction. Swayne aspired to control the governor and legislature by advice and demands rather than to rule through the army. There were few soldiers in the state after the summer of 1866.

Order was good, except for the disturbing influence of negro troops and individual Bureau agents. There were in remote districts outbreaks of lawlessness which neither the army nor the state government could suppress. The infantry could not chase outlaws; the state government was too weak to enforce its orders or to command respect as long as the army should stay. At their best the army and the civil administration neutralized the efforts and paralyzed the energies of each other. There were two governments side by side, the authority of each overlapping that of the other, while the Freedmen's Bureau, a third government, supported by the army, was much inclined to use its powers. The result was that most of the people went without government.

On the 28th of March, 1867, the policy of Johnson came to its logical end in failure. General Grant then issued the order which overturned the civil government established by the President. In Alabama, which was to form a part of the Third Military District, all elections for state and county officials were disallowed until the arrival of the commander of the district. All persons elected to office during the month of March (after the pa.s.sage of the Reconstruction Acts) were ordered to report to military headquarters for the action of the new military governor.[1127] Military government then entered on a new phase.

CHAPTER XI

THE WARDS OF THE NATION

SEC. 1. THE FREEDMEN'S BUREAU

Department of Negro Affairs

Any account of the causes of disturbed conditions in the South during the two years succeeding the war must include an examination of the workings of the Freedmen's Bureau, the administration of which was uniformly hostile to the President's policy and in favor of the Radical plans.

As soon as the Federal armies reached the Black Belt, it became a serious problem to care for the negroes who stopped work and flocked to the camps.

Some of the generals sent them back to their masters, others put them to work as laborers in the camps and on the fortifications. Officers--usually chaplains--were temporarily detailed to look after the blacks who swarmed about the army, and thus the so-called "Department of Negro Affairs" was established extra-legally, and continued until the pa.s.sage of the Freedmen's Bureau Act in 1865. The "Department" was supported by captured and confiscated property, and was under the direction of the War Department.[1128]

For a year after north Alabama was overrun by the Federal troops, no attempt was made to segregate the blacks; but in 1863 a camp for refugees and captured negroes was established on the estate of ex-Governor Chapman, near Huntsville in Madison county, and Chaplain Stokes of the Eighteenth Wisconsin Infantry was placed in charge. It was not intended that the negroes should remain there permanently, but they were to be sent later to the larger concentration camps at Nashville. No records were kept, but the report of the inspector states that several hundred negroes were received before August, 1864, of whom only a small proportion was sent to Nashville. Those who remained were employed in cultivating the land,--planting corn, cotton, sorghum, and vegetables,--and in building log barracks and other similar houses. Schools were established for the children. The War Department issued three-fourths rations to the negroes, and the aid societies also helped them, although this colony was nearer self-sustaining than any other.[1129]

In 1864 the Treasury Department a.s.sumed partial charge of negro refugees and captive slaves. Regulations provided that captured and abandoned property should be rented and the proceeds devoted to the purchase of supplies for the blacks, who, when possible, were to be employed as laborers. In each special agency there was to be a "Freedmen's Home Colony" under a "Superintendent of Freedmen," whose duty it was to care for the blacks in the colony, to obtain agricultural implements and supplies, and to keep a record of the negroes who pa.s.sed through the colony. A cla.s.sification of laborers was made and a minimum schedule of wages fixed as follows:--

No. 1 hands, males, 18 to 40 years of age, minimum wage, $25 per month; No. 2 hands, males, 14 to 18, 40 to 55 years of age, minimum wage, $20 per month; No. 3 hands, males, 12 to 14 years of age, minimum wage, $15 per month; corresponding cla.s.ses of women, $18, $14, $10, respectively.

It was the duty of the superintendent to see that all who were physically able secured work at the specified rates. He acted as an employment agent, and the planters had to hire their labor through him. He exercised a general supervision over the affairs of all freedmen in the district.

Beside paying the high wages fixed by the schedule, the planter was obliged to take care of the young children of the family hired by him; to furnish without charge a separate house for each family with an acre of ground for garden, medical attendance for the family, and schooling for the children; to sell food and clothing to the negroes at actual cost; and to pay for full time unless the laborer was sick or refused to work. Half the wages was paid at the end of the month, and the remainder at the end of the contract. Wages due const.i.tuted a first lien on the crop, which could not be moved until the superintendent certified that the wages had been paid or arranged for. Not more than ten hours a day labor was to be required. Cases of dispute were to be settled by civil courts (Union), where established,--otherwise the superintendent was vested with the power to decide such cases. Provision was made for accepting the a.s.sistance of the aid societies, especially in the matter of schools.[1130] Under such regulations it was hardly possible for the farmer to hire laborers, and we find that only 205 negroes were disposed of by the colony near Huntsville.

If the wages could have been paid in Confederate currency, they would have been reasonable; but United States currency was required, and most people had none of it.

In the fall of 1864 the army again took charge of negro affairs and administered them along the lines indicated in the Treasury regulations.

Wherever the army went its officers const.i.tuted themselves into freedmen's courts, aid societies, etc., and exercised absolute control over all relations between the two races and among the blacks.

The Freedmen's Bureau Established

The law of March 3, 1865, created a Bureau in the War Department to which was given control of all matters relating to freedmen, refugees, and abandoned lands. All officials were required to take the iron-clad test oath.[1131] No appropriation was made for the purpose of carrying out this law, and for the first year the Bureau was maintained by taxes on salaries and on cotton, by fines, donations, rents of buildings and lands, and by the sales of crops and confiscated property.[1132] On July 16, 1866, a second Bureau Bill, amplifying the law of March 3, 1865, and extending it to July 16, 1868, was pa.s.sed over the President's veto. In 1868 the Bureau was continued for one year, and on January 1, 1869, it was discontinued, except in educational work.[1133] There is no indication that the provisions of the laws had much effect on the administration of the Bureau. From the beginning it had entire control of all that concerned freedmen, who thus formed a special cla.s.s not subject to the ordinary laws. In Alabama there were nearly 500,000 negroes thus set apart, of whom 100,000 were children and 40,000 were aged and infirm.[1134]

It was several months before the organization of the Bureau was completed in Alabama. Meanwhile army officers acted as _ex officio_ agents of the Bureau, and regulated negro affairs. They were disposed to persuade the negroes to go home and work, and not congregate around the military posts.

They issued some rations to the negroes in the towns who were most in want, but discouraged the tendency to look to the United States for support. Only a small proportion of the race was affected by the operations of the Bureau during the months of April, May, and June, 1865.

In north and south Alabama, above and below the Black Belt, the negroes were more under control of the Bureau than in the Black Belt itself. The a.s.sistant commissioner for Tennessee had jurisdiction over the negroes in north Alabama, who had been under nominal northern control since 1862. The Bureau was established at Mobile in April and May, under the control of the army, and was an offshoot of the Louisiana Bureau, T. W. Conway, a.s.sistant commissioner for Louisiana, being for a short while in charge of negro affairs in Alabama. At the same time there was at Mobile one T. W.