Commissioners to Other States

As soon as the governor issued writs of election for a convention, fearing that the legislatures of other states then in session might adjourn before calling conventions, he sent a commissioner to each southern state to consult and advise with the governor and legislature in regard to the question of secession and later confederation. These commissioners made frequent reports to the governor and convention and did much to secure the prompt organization of a permanent government.[57]

After the ordinance of secession was pa.s.sed a resolution was adopted to the effect that Alabama, being no longer a member of the Union, was not ent.i.tled to representation at Washington and that her representatives there should be instructed to withdraw. A second resolution, authorizing the governor to send two commissioners to Washington to treat with that government, caused some debate.

Clemens (cs.) said that there was no need of sending commissioners to Washington, because they would not be received. Let Washington send commissioners to Alabama; South Carolina was differently situated; Alabama held her own forts, South Carolina did not. Smith (c.) proposed that only one commissioner be sent. One would do more efficient work and the expense would be less. Watts (s.) said that Alabama as a former member of the Union should inform the old government of her withdrawal and of her policy for the future; that there were many grave and delicate matters to be settled between the two governments; and that commissioners should be sent to propose terms of adjustment and to demand a recognition of the new order.

Webb (s.) of Greene said that Alabama stood in the same att.i.tude toward the United States as toward France. And the fact that the commissioners of South Carolina had been treated with contempt should not influence Alabama. If one was to be in the wrong, let it be the Washington government. To send commissioners would not detract from the dignity of the state, but would show a desire for amicable relations. Whatley (s.) took the same ground, and added that, having seized the forts to prevent their being used against Alabama, the state, as retiring partner, would hold them as a.s.sets until a final settlement, especially as its share had not been received. Some members urged that only one commissioner be sent in order to save expenses. All were getting to be very economical. And practically all agreed that it was the duty of the state to show her desire for amicable relations by making advances.

Yancey thought the matter should be left to the Provisional Congress; the United States had made agreements with South Carolina about the military status of the forts and had violated the agreement; the other states also had claims of public property, and negotiations should be carried on by the common agent. Separate action by the state would only complicate matters.

Finally, it was decided to send one commissioner, and the governor appointed Thomas J. Judge, who proceeded to Washington, with authority to negotiate regarding the forts, a.r.s.enals, and custom-houses in the state, the state's share of the United States debt, and the future relations between the United States and Alabama, and through C. C. Clay, late United States senator from Alabama, applied for an interview with the President.

Buchanan refused to receive him in his official capacity, but wrote that he would be glad to see him as a private gentleman. Judge declined to be received except in his official capacity, and said that future negotiations must begin at Washington.

Foreseeing war, Watts (s.) proposed that the general a.s.sembly be given power to confiscate the property of alien enemies, and also to suspend the collection of debts due to alien enemies. Shortridge (s.) thought that the measure was not sufficiently emphatic, since war had practically been declared. He said the courts should be closed against the collection of debts due persons in the northern states which had pa.s.sed personal liberty laws. He stated that Alabama owed New York several million dollars, and that to pay this debt would drain from the country the currency, which should be held to relieve the strain.

Jones (c.) was opposed to every description of robbery. The course proposed, he said, would be a flagrant outrage upon just creditors, as the greater wrong would be done the friends of the South, for nineteen-twentieths of the debt was due to political friends--merchants who had always defended the rights of the South. Those debts should be paid and honor sustained. The legislature, he added, would pa.s.s a stay-law, which he regretted, and that would suffice. Smith (c.) said that confiscation was an act of war, and would provoke retaliation. Every action should look toward the preservation of peace.

Clarke (s.) of Marengo saw nothing wrong in the measure. There was no wish or intention of evading payment of the debt; payment would only be suspended or delayed. It was a peace measure. Lewis (cs.) said that only the war-making power would have authority to pa.s.s such a measure, and that this power would be lodged in the Confederate Congress. Meanwhile, he proposed to give the power temporarily to the legislature.

Early in the session the secessionists introduced a resolution pledging the state to resist any attempt by the United States to coerce any of the seceded states. Alabama could not stand aside, they said, and see the seceded states coerced by the United States government, which had no authority to use force. All southern states recognized secession as the essence and test of state sovereignty, and would support each other.

Earnest (c.) of Jefferson was of the opinion that this resolution was intended to cover acts of hostility already committed by individuals, such as Governor Moore and other officials, before the state seceded, and to vote for the resolution subjected the voter to the penalties of treason.

When a state acted in its sovereign capacity and withdrew from the Union, then those individuals were relieved. But to vote for such a measure before secession was treason.

Morgan (s.) of Dallas said that, whether Alabama were in or out of the Union, she could see no state coerced; the question was not debatable. To attack South Carolina was to attack Alabama. "We are one united people and can never be dissevered." The North was pledging men and money to coerce the southern states, and its action must be answered. Jemison (c.) thought the war alarms were false and that there was no necessity for immediate action, while Smith (c.), his colleague, heartily indorsed the measure.

Jones (c.) declared that before the state seceded he would not break the laws of the United States; that he had sworn to support the Const.i.tution, and only the state could absolve him from that oath; that such a measure was not lawful while the state was in the Union.

After secession the resolution was again called up, and all speakers agreed that aid should be extended to seceded states in case of coercion.

Some wanted to promise aid to any one of the United States which might take a stand against the other states in behalf of the South. Events moved so rapidly that the measure did not come to a vote before the organization of the Provisional Congress.

Legislation by the Convention

Not only was the old political structure to be torn down, but a new one had to be erected. In organizing the new order the convention performed many duties pertaining usually to the legislature. This was done in order to save time and to prevent confusion in the administration.

Citizenship was defined to include free whites only, except such as were citizens of the United States before January 11, 1861. A person born in a northern state or in a foreign country before January 11, 1861, must take the oath of allegiance to the state of Alabama, and the oath of abjuration, renouncing allegiance to all other sovereignties. The state const.i.tution was amended by omitting all references to the United States; the state officers were absolved from their oath to support the United States Const.i.tution; jurisdiction of the United States over waste and unappropriated lands and navigable waters was rescinded; and navigation was opened to all citizens of Alabama and other states that "may unite with Alabama in a Southern Slaveholding Confederacy." A registration of lands was ordered to be made; the United States land system was adopted, a homestead law was provided for, and a new land office was established at Greenville, in Butler County. The governor was authorized to revoke contracts made under United States laws with commissioners appointed to locate swamps and overflowed lands. The general a.s.sembly was authorized to cede to the Confederacy exclusive jurisdiction over a district ten miles square for a seat of government for the Confederate States of America.

Provision was made for the military defence of Alabama, and the United States army regulations were adopted almost in their entirety. The militia was reorganized; all commissions were vacated, and new elections ordered.

The governor was placed in charge of all measures for defence. He was authorized to purchase supplies for the use of the state army, to borrow money for the same, and to issue bonds to cover expenses. Later, the convention decreed that all arms and munitions of war taken from the United States should be turned over to the Confederacy; only the small arms belonging to the state were retained. The governor was authorized to transfer to the Confederate States, upon terms to be agreed upon between the governor and the president, all troops raised for state defence. Thus all volunteer companies could be transferred to the Confederate service if the men were willing, otherwise they were discharged. A number of ordinances were pa.s.sed organizing the state military system, and cooperating with the Confederate government. Jurisdiction over forts, a.r.s.enals, and navy yards was conferred upon the Confederate States. This ordinance could only be revoked by a convention of the people.

The port of Mobile was resumed by the state. The collector of the port and his a.s.sistants were continued in office as state officials who were to act in the name of the state of Alabama. With a view to future settlement the collector was ordered to retain all funds in his hands belonging to the United States, and the state of Alabama guaranteed his safety, as to oath, bond, etc. As far as possible, the United States customs and port regulations were adopted. Vessels built anywhere, provided that one-third was owned by citizens of the southern states and commanded by southern captains, were ent.i.tled to registry as vessels of Alabama. The collector was authorized to take possession in the name of the state of all government custom-houses, lighthouses, etc., and to reappoint the officers in charge if they would accept office from the state. The weights and measures of the United States were adopted as the standard; discriminating duties imposed by the United States, and regulations on foreign vessels and merchandise were abolished; Selma and Mobile were continued as ports of entry, and all ordinances relating to Mobile were extended to Selma.

Thaddeus Sanford, the collector of Mobile, reported to the convention that the United States Treasury Department had drawn on him for $26,000 on January 7, 1861, and asked for instructions in regard to paying it. The Committee on Imports reported that the draft was dated before secession and before the ordinance directing the collector to retain all United States funds, that it was drawn to pay parties for services rendered while Alabama was a member of the Union. So it was ordered to be paid.

After the Confederacy was formed, the convention ordered that the custom-houses, marine hospital, lighthouses, buoys, and the revenue cutter, _Lewis Ca.s.s_, be turned over to the Confederate authorities; and the collector was directed to transfer all money collected by him to the Confederate authorities, who were to account for all moneys and settle with the United States authorities. The collector was then released from his bond to the state.

Postal contracts and regulations in force prior to January 11, 1861, were permitted to remain for the present. The general a.s.sembly was empowered to make postal arrangements until the Confederate government should be established. Meanwhile, the old arrangements with the United States were unchanged.[58] Other ordinances adopted the laws of the United States relating to the value of foreign coins, and directed the division of the state into nine congressional districts.

The judicial powers were resumed by the state and were henceforth to be exercised by the state courts. The circuit and chancery courts and the city court of Mobile were given original jurisdiction in cases formerly arising within the jurisdiction of the Federal courts. Jurisdiction over admiralty cases was vested in the circuit courts and the city court of Mobile. The chancery courts had jurisdiction in all cases of equity. The state supreme court was given original and exclusive jurisdiction over cases concerning amba.s.sadors and public ministers. All admiralty cases, except where the United States was plaintiff, pending in the Federal courts in Alabama were transferred with all records to the state circuit courts; cases in equity in like manner to the state chancery courts; the United States laws relating to admiralty and maritime cases, and to the postal service were adopted temporarily; the forms of proceedings in state courts were to be the same as in former Federal courts; the clerks of the circuit courts were given the custody of all records transferred from Federal courts and were empowered to issue process running into any part of the state and to be executed by any sheriff; United States marshals in whose hands processes were running were ordered to execute them and to make returns to the state courts under penalty of being prosecuted as if defaulting sheriffs; the right was a.s.serted to prosecute marshals who were guilty of misconduct before secession. The United States laws of May 26, 1796, and March 27, 1804, prescribing the method of authentication of public acts, records, or judicial proceedings for use in other courts, were adopted for Alabama. In cases appealed to the United States Supreme Court from the Alabama supreme court, the latter was to act as if no appeal had been taken and execute judgment; cases appealed from inferior Federal courts to the United States Supreme Court, were to be considered as appealed to the state supreme court which was to proceed as if the cases had been appealed to it from its own lower courts. The United States were not to be allowed to be a party to any suit in the state courts against a citizen of Alabama unless ordered by the convention or by the general a.s.sembly. Federal jurisdiction in general was to be resumed by state courts until the Confederate government should act in the matter.

No law of Alabama in force January 11, 1861, consistent with the Const.i.tution and not inconsistent with the ordinances of the convention, was to be affected by secession; no official of the state was to be affected by secession; no offence against the state, and no penalty, no obligation, and no duty to or of state, no process or proceeding in court, no right, t.i.tle, privilege, or obligation under the state or United States Const.i.tution and laws, was to be affected by the ordinance of secession unless inconsistent with it. No change made by the convention in the const.i.tution of Alabama should have the effect to divest of any right, t.i.tle, or legal trust existing at the time of making the change. All changes were to have a prospective, not a retrospective, effect unless expressly declared in the change itself.

The general a.s.sembly was to have no power to repeal, alter, or amend any ordinance of the convention incorporated in the revised const.i.tution.

Other ordinances were to be considered as ordinary legislation and might be amended or repealed by the legislature.[59]

North Alabama in the Convention

All the counties of north Alabama sent cooperation delegates to the convention, and these spoke continually of a peculiar state of feeling on the part of their const.i.tuents which required conciliation by the convention. The people of that section, in regard to their grievances, thought as the people of central and south Alabama, but they were not so ready to act in resistance. Moreover, it would seem that they desired all the important measures framed by the convention to be referred to them for approval or disapproval. The cooperationists made much of this state of feeling for purposes of obstruction. There was, and had always been, a slight lack of sympathy between the people of the two sections; but on the present question they were very nearly agreed, though still opposing from habit. Had the cooperationists been in the majority, secession would have been hardly delayed. Of course, among the mountains and sand-hills of north Alabama was a small element of the population not concerned in any way with the questions before the people, and who would oppose any measure supported by southern Alabama. Sheets of Winston was probably the only representative of this cla.s.s in the convention. The members of the convention referred to the fact of the local nature of the dissatisfaction. Yancey, angered at the obstructive tactics of the cooperationists, who had no definite policy and nothing to gain by obstruction, made a speech in which he said it was useless to disguise the fact that in some parts of the state there was dissatisfaction in regard to the action of the convention, and warned the members from north Alabama, whom he probably considered responsible for the dissatisfaction, that as soon as pa.s.sed the ordinance of secession became the supreme law of the land, and it was the duty of all citizens to yield obedience. Those who refused, he said, were traitors and public enemies, and the sovereign state would deal with them as such. Opposition after secession was unlawful and to even speak of it was wrong, and he predicted that the name "tory" would be revived and applied to such people. Jemison of Tuscaloosa, a leading cooperationist, made an angry reply, and said that Yancey would inaugurate a second Reign of Terror and hang people by families, by towns, counties, and districts.

Davis (c.) of Madison declared that the people of north Alabama would stand by the expressed will of the people of the state, and intimated that the action of the convention did not represent the will of the people. If, he added, resistance to revolution gave the name of "tories," it was possible that the people of north Alabama might yet bear the designation; that any invasion of their rights or any attempt to force them to obedience would result in armed resistance; that the invader would be met at the foot of the mountains, and in armed conflict the question of the sovereignty of the people would be settled. Clark (c.) of Lawrence said that north Alabama was more closely connected with Tennessee, and that many of the citizens were talking of secession from Alabama and annexation to Tennessee. He begged for some concession to north Alabama, but did not seem to know exactly what he wanted. He intimated that there would be civil war in north Alabama. Jones (c.) of Lauderdale said that his people were not "submissionists" and would share every toil and danger in support of the state to which was their supreme allegiance. Edwards (c.) of Blount was not prepared to say whether his people would acquiesce or not. He promised to do nothing to excite them to rebellion! Davis of Madison, who a few days before was ready to rebel, now said that he, and perhaps all north Alabama, would cheerfully stand by the state in the coming conflict.

[Ill.u.s.tration: JEFFERSON DAVIS.]

A majority of the cooperationists voted against the ordinance of secession, at the same time stating that they intended to support it when it became law. The ordinance was lithographed, and the delegates were given an opportunity to sign their names to the official copy.

Thirty-three of the delegates from north Alabama, two of whom had voted for the ordinance, refused to sign, because, as they said, it might appear as if they approved all that had been done by the secessionists. Their opposition to the policy of the majority was based on the following principles: (1) the fundamental principle that representative bodies should submit their acts for approval to the people; (2) the interests of all demanded that all the southern states be consulted in regard to a plan for united action. The members who refused to sign repeatedly acknowledged the binding force of the ordinance and promised a cheerful obedience, but, at the same time, published far and wide an address to the people, justifying their opposition and refusal to sign, causing the impression that they considered the action of the convention illegal. There was no reason whatever why these men should pursue the policy of obstruction to the very last, yet it was done. Nine of the thirty-three finally signed the ordinance, but twenty-four never signed it, though they promised to support it.

The majority of the members and of the people contemplated secession as a finality; reconstruction was not to be considered. A few of the cooperationists, however, were in favor of secession as a means of bringing the North to terms. Messrs. Pugh and Clay (members of Congress) in a letter to the convention suggested that the border states considered the secession of the cotton states as an indispensable basis for a reconstruction of the Union. Smith of Tuscaloosa, the leading cooperationist, stated his belief that the revolution would teach the North her dependence upon the South, how much she owed that section, bring her to a sense of her duty, and cause her to yield to the sensible demands of the South. He looked forward with fondest hopes to the near future when there would be a reconstruction of the Union with redress of grievances, indemnity for the past, complete and unequivocal guarantees for the future.

Incidents of the Session

The proceedings were dignified, solemn, and at times even sad. During the whole session, good feeling prevailed to a remarkable degree among the individual members, and toward the last the utmost harmony existed between the parties.[60] For this the credit is due the secessionists. At times the cooperationists were suspicious, and pursued a policy of obstruction when nothing was to be gained; but they were given every privilege and shown every courtesy. During the early part of the session an enthusiastic crowd filled the halls and galleries and manifested approval of the course of the secessionist leaders by frequent applause. In order to secure perfect freedom of debate to the minority, it was ordered that no applause be permitted; and this order failing to keep the spectators silent, the galleries were cleared, and thereafter secret sessions were the rule.

Affecting and exciting scenes followed the pa.s.sage of the ordinance of secession. One by one the strong members of the minority arose and, for the sake of unity at home, surrendered the opinions of a lifetime and forgot the prejudices of years. This was done with no feeling of humiliation. To the last, they were treated with distinguished consideration by their opponents. There was really no difference in the principles of the two parties; the only differences were on local, personal, sectional, and social questions. On the common ground of resistance to a common enemy they were united.

On January 11, 1861, after seven days' debate, it became known that the vote on secession would be taken, and an eager mult.i.tude crowded Capitol Hill to hear the announcement of the result. The senate chamber, opposite the convention hall, was crowded with the waiting people, who were addressed by distinguished orators on the topics of the day. As many women as men were present, and, if possible, were more eager for secession.

Their minds had long ago been made up. "With them," says the grave historian of the convention, "the love songs of yesterday had swelled into the political hosannas of to-day."

The momentous vote was taken, the doors were flung open, the result announced, and in a moment the tumultuous crowd filled the galleries, lobbies, and aisles of the convention hall. The ladies of Montgomery had made a large state flag, and when the doors were opened this flag was unfurled in the hall so that its folds extended almost across the chamber.

Members jumped on desks, chairs, and tables to shake out the floating folds and display the design. There was a perfect frenzy of enthusiasm.

Yancey, the secessionist leader and splendid orator, in behalf of the ladies presented the flag to the convention. Smith, the leader of the cooperationists, replied in a speech of acceptance, paying an affecting tribute to the flag that they were leaving--"the Star-Spangled Banner, sacred to memory, baptized in the nation's best blood, consecrated in song and history, and the herald of liberty's grandest victories on land and on sea." In memory of the ill.u.s.trious men who brought fame to the flag, he said, "Let him who has tears prepare to shed them now as we lower this glorious ensign of our once vaunted victories." Alpheus Baker of Barbour in glowing words expressed to the ladies the thanks of the convention.

Amidst wild enthusiasm in hall and street the convention adjourned. One hundred and one cannon shots announced the result. The flag of the Republic of Alabama floated from windows, steeples, and towers. Party lines were forgotten, and until late in the night every man who would speak was surrounded by eager listeners. The people were united in common sentiment in the face of common danger.

One hour before the signal cannon shot announced that the fateful step had been taken and that Alabama was no longer one of the United States, there died, within sight of the capitol, Bishop Cobb of the Episcopal Church, the one man of character and influence who in all Alabama had opposed secession in any way, at any time, or for any reason.[61]

PART II

WAR TIMES IN ALABAMA