[Ill.u.s.tration: DISAFFECTION, 1801-1865]

On the part of all in the northern counties there was a strong desire for delay in secession, and they were angered at the action of the convention in not submitting the ordinance to a popular vote for ratification or rejection. Many thought the course taken indicated a suspicion of them or fear of their action, and this they resented. Their leaders in the convention expressed the belief that the ordinance would have easily obtained a majority if submitted to the popular vote.[239] Much of the opposition to the ordinance of secession was due to the vague sectional dislike between the two parts of the state. It was felt that the ordinance was a south Alabama measure, and this was sufficient reason for opposition by the northern section. Throughout the entire session a local sectional spirit dictated their course of obstruction.[240] In January and February of 1861, there was some talk among the discontented people of seceding from secession, of withdrawing the northern counties of Alabama and uniting with the counties of east Tennessee to form a new state, which should be called Nick-a-Jack, an Indian name common in East Tennessee.[241] Geographically, this proceeding would have been correct, since these two parts of the country are closely connected, the people were alike in character and sentiment, and the means of intercourse were better. The people of the valley and many others, however, had no sympathy with this scheme. Lacking the support of the politicians and no leaders appearing, the plan was abandoned after the proclamation of Lincoln, April 10, 1861. Had the war been deferred a few months, it is almost certain that the discontented element of the population would have taken positive steps to embarra.s.s the administration; many believed that reconstruction would take place. Only after four years of war was there after this any appreciable number of the people willing to listen again to such a proposition. In February, 1861, Jeremiah Clemens wrote that Yancey had been burned in effigy in Limestone County (something that might have happened at any time between 1845 and 1861); that some discontent still existed among the people, but that this was daily growing weaker, and unless something were done to excite it afresh, it would soon die out.[242] Mr. John W. DuBose, a keen observer from the Cotton Belt, travelled on horseback through the northern hill counties during the winter of 1861 and 1862 as a Confederate recruiting officer. Thus he came into close contact with all cla.s.ses of people, eating at their tables, sleeping in their beds, and in conversation learning their opinions and sentiments on public matters. He saw no man, he says, who was not devoted to the Confederacy. Several of the first and best volunteer regiments came from this section of the state, and in these regiments there were whole companies of men none of whom owned a slave. In order to preserve this spirit of loyalty in those who had been opposed to the policy of secession, Yancey and others, after the outbreak of the war, recommended a prompt invasion of the North.[243]

Unionists, Tories, and Mossbacks

Before secession, the term "unionist" was applied to those who were opposed to secession and who wished to give the Union a longer trial. They were mostly the old Whigs, but many Democrats were among them. Then again the cooperationists, who wanted delay and cooperation among the states before secession, were called "unionists." In short, the term was applied to any one opposed to immediate secession. This fact deceived the people of the North, who believed that the opposition party in the South was unconditionally for the Union, and that it would remain in allegiance to the Union if secession were attempted. But after secession this "union"

party disappeared.

The "tories" were those who rebelled against the authority of the Confederate States. Some of them were true "unionists" or "loyalists," as they were called at the North. Most of them were not. The "mossback," who according to popular belief hid himself in the woods until moss grew on his back, might or might not be a "tory." If he were hostile to the Confederacy, he was a "tory"; if he was simply keeping out of the way of the enrolling officers, he was not a "tory," but a plain "mossback" or "conscript." When too closely pressed he would either become a "tory" or enter the Confederate army, though he did not usually remain in it. The "deserter" was such from various reasons, and often became a "tory" as well; that is, he became hostile to the Confederacy. Often he was not hostile to the government, but was only hiding from service, and doing no other harm. The true "unionists" always claimed great numbers, even after the end of the war. The North listened to them and believed that old Whigs, Know-nothings, Anti-secessionists, Douglas Democrats, Bell and Everett men, cooperationists--all were at heart "Union" men. It was also claimed that the only real disunion element was the Breckenridge Democracy. Such, however, was not the case. Probably fewer of the old Whig party than of any other were disloyal to the Confederacy. So far as the "tory" or "loyalist" had any politics, he was probably a Democrat, and the more prominent of them had been Douglas Democrats. The others were Douglas and Breckenridge Democrats from the Democratic stronghold--north Alabama.[244] Very few, if any, Bell and Everett men were among them. The small lower cla.s.s had no party affiliations worth mentioning. During the war, the terms "unionist" and "tories" were very elastic and covered a mult.i.tude of sins against the Union, against the Confederate States, and against local communities. With the exception of those who entered the Federal army the "tories" were, in a way, traitors to both sides. North Alabama was not so strongly opposed to secession as was east Tennessee,[245] nor were the Alabama "unionists" or "loyalists," as they called themselves, "tories" as other people called them, of as good character as the "loyalists" of Tennessee.

The Alabama tory was, as a rule, of the lowest cla.s.s of the population, chiefly the "mountain whites" and the "sand-mountain" people, who were shut off from the world, a century behind the times, and who knew scarcely anything of the Union or of the questions at issue. There was a certain social antipathy felt by them toward the lowland and valley people, whether in south or in north Alabama, and a blind antagonism to the "n.i.g.g.e.r lord," as they called the slaveholder, wherever he was found. In this feeling the women were more bitter than the men. Secluded and ignorant, they did not feel it their duty to support a cause in which they were not directly concerned, and most of them would have preferred to remain neutral during the entire war, as there was little for them to gain either way. As long as they did not have to leave their hills, they were quiet, but when the enrolling officers went after them, they became dangerous. To-day those people are represented by the makers of "moonshine" whiskey and those who shoot revenue officers. They were "moonshiners" then. Colonel S. A. M. Wood, who caught a band of thirty of these "tories," reported to General Bragg, "They are the most miserable, ignorant, poor, ragged devils I ever saw."[246] Many of the "tories"

became bushwhackers, preying impartially on friend and foe, and especially on the people of the rich Tennessee valley.[247]

Growth of Disaffection

The invasion of the Tennessee valley had discouraging effects on the weaker element of the population, and caused many to take a rather degrading position in order to secure Federal protection for themselves and their property. To call the tories and those who submitted and took the oath "unionists" would be honoring them too highly. Little true "Union" sentiment or true devotion to the United States existed except on the part of those who enlisted in the Federal armies. In October, 1862, C.

C. Clay, Jr., wrote to the Secretary of War at Richmond that the Federal invasion had resulted in open defiance of Confederate authority on the part of some who believed that the Confederacy was too weak to protect or punish. Even loyal southerners were afraid to be active for fear of a return of the Union troops. Some had sold cotton to the Federals during their occupation, bought it for them, acted as agents, spies, and informers; and now these men openly declared for the Union and signed calls for Union meetings. Huntsville, Mr. Clay stated, was the centre of disaffection.[248] But in April, 1863, a northern cotton speculator reported that there were but few "true Union men" at Huntsville or in the vicinity.[249]

Though not fully in sympathy with the secession movement, the majority of the people in the northern counties acquiesced in the action of the state, and many volunteers entered the army. Until late in the war this district sent as many men in proportion to population as any other section, and the men made good soldiers. But with the opening of the Tennessee and the pa.s.sage of the conscription laws the mountaineers and the hill people became troublesome. To avoid conscription they hid themselves. Their families, with their slender resources, were soon in want of the necessaries of life, which they began to obtain by raids on their more fortunate neighbors in the river valleys. A few entered the Federal army.

In July, 1862, small parties came to Decatur, in Morgan County, from the mountains and joined the Federal forces under the command of Colonel Streight. They told him of others who wished to enlist, so Streight made an expedition to Davis Gap, in the mountains south of Decatur, and secured 150 recruits.

These formed the nucleus of the First Alabama Union Cavalry, of which George E. Spencer of Ohio, afterward notorious in Alabama politics, was colonel. At this time C. C. Sheets, who said that he had been in hiding, appeared and made a speech encouraging all to enlist. Streight said that the "unionists" were poor people, often dest.i.tute. There were, he reported, about three "unionists" to one "secessionist" in parts of Morgan, Blount, St. Clair, Winston, Walker, Marion, Taylor, and Jefferson counties, and he thought two full regiments could be raised near Decatur.

Though so few in numbers, the "secessionists" seem to have made it lively for the "unionists," for Streight reported that the "unionists" were much persecuted by them and often had to hide themselves.[250] The Confederate commander at Newberne, in Greene County, reported (January, 1862) that in an adjoining county the "Union" men were secretly organizing, that 300 had met, elected officers, and gone into camp.[251] A month later, Lieutenant-Commander Phelps of the United States navy, after his river raid to Florence (1862), reported that along the Tennessee the "Union"

sentiment was strong, and that men, women, and children in crowds welcomed the boats. However, he adds that they were very guarded in their conversation. It may be that he mistook curiosity for "Union" sentiment.

Another naval officer reported that the fall of Fort Donelson was beneficial to the Union cause in north Alabama. Neither of these observers landed, and their observations were limited to the river banks.[252] In June, 1862, Governor Shorter said that much dissatisfaction existed in several of the northern counties,[253] and in December, 1862, that Randolph County was defying the enforcement of the conscript law, and armed forces were releasing deserters from jail. Colonel Hannon was at length sent with a regiment and suppressed for a time the disloyal element.[254] September 21, 1862, General Pillow reported to Seddon that there were 8000 to 10,000 deserters and tory conscripts in the mountains of north Alabama, as "vicious as copperheads."[255] In April, 1863, a civilian of influence and position wrote to General Beauregard that the counties of north Alabama were full of tories. During 1862, he stated, a convention had been held in the corner of Winston, Fayette, and Marion counties, in which the people had resolved to remain neutral. He believed that this meant that when the enemy appeared the so-called neutrals would join them, for they openly carried United States flags.[256] A similar convention was held in north Alabama (apparently in Winston County) in the spring of 1863. A staff officer reported to General Beauregard (May, 1864) that in the counties of Lawrence, Blount, and Winston, Federal recruiting agents for mounted regiments carried on open correspondence with the disaffected citizens,[257] apparently with little success, for although disaffection and hostility to the Confederacy among the people of north Alabama had continued for three years, and there was every opportunity for entering the Federal army, yet the official statistics give the total number of enlistments and reenlistments of whites from Alabama at 2576.[258]

In 1862 deserters from the army began to gather in the more remote districts of the state. Many of them had been enrolled under the conscript law, and had become dissatisfied. As the war went on the number of these deserters increased, until their presence in the state became a menace to government. After the Confederate reverses in the summer of 1863, great numbers of deserters and stragglers from all of the Confederate armies east of the Mississippi River and from the Union armies collected among the hills, mountains, and ravines of north Alabama. A large portion of them became outlaws of the worst character. In August, 1863, the general a.s.sembly pa.s.sed a law directing the state officials and the militia officers to a.s.sist the Confederate enrolling officers in enforcing the conscript law, and in returning deserters to their commands. The state and county jails were offered as places to confine the deserters until they could be sent back to the army. To give food and shelter to deserters was declared a felony, and civilians were authorized to arrest them.[259]

The deserters and stragglers of north Alabama were well armed and somewhat organized, and kept the people in terror. General Pillow thought that the temporary suspension of the conscript law had made them bolder. Eleven counties were infested with them. No man was safe in travelling along the roads, for murders, robberies, and burnings were common, and peaceable citizens were shot while at work in the fields. It was estimated that in July, 1863, there were 8000 to 10,000 tories and deserters in the mountains of north Alabama, and these banded themselves together to kill the officers sent to arrest them. It was impossible to keep a certain cla.s.s of men in the army when they were encamped near their homes.[260]

Even good soldiers, when so stationed, sometimes deserted. Had these same men been in the Army of Northern Virginia, they would have done their duty well. But here, near their home, many influences led them to desert. There was little fighting, and they could see no reason why they should be kept away from their suffering families.

General Pillow, in the fall of 1863, forced several thousand deserters and stragglers from Alabama, Mississippi, and Texas, who were in hiding in north Alabama, to return to their commands. The legislature commended his work and asked that his jurisdiction be extended over a larger area, even over the whole Confederacy.[261] In April, 1864, the Ninth Texas Cavalry was sent against the "unionists" in Marion County. The colonel reported that the number of tories had been greatly exaggerated, though the woods seemed to be swarming with deserters, and he learned that they had a secret organization.[262] The deserters always infested the wildest and most remote parts of the country, and were found wherever disaffection toward the Confederacy had appeared. The Texans, who had no local attachments to interfere with their duty, drove back into the army several thousand "stragglers," as the better cla.s.s of deserters were called.[263]

General Polk reported (April, 1864) that in north Alabama formidable bands were being organized for resistance to the government, and that hostility to the Confederacy was openly proclaimed by them. He sent out detachments which forced more than a thousand men to leave the woods and hills and return to the army.[264] When Alabama soldiers were captured or deserted to the enemy, it was the custom of the Federals to send them north of the Ohio River, and to offer to enlist as many as possible in regiments to fight the Indians in the West. Some took advantage of the offer and thus avoided prison life. Such men were called "galvanized Yankees" and were hated by the loyal soldiers. Early in 1865, J. J. Giers, a prominent tory, wrote General Grant that if Alabama deserters were permitted to remain near home their numbers would increase.[265]

Outrages by Tories and Deserters

The tory and the deserter often led squads of Federal soldiers on expeditions of destruction and pillage. When possible, they would burn the county court-houses, jails, and other public buildings, with the books and records of the counties. Sometimes disguised as Union troops, they committed the worst outrages. On one occasion four men, dressed as soldiers, went to the house of an old man named Wilson, three miles from Florence, and searched it for money supposed to be hidden there. As the old man would tell them nothing, they stripped him to the waist, tied him face downward upon a table, tore leaves from a large Bible, and, piling them on him, burned him to death. His nephew, unable to tell about the money, was shot and killed. A grandson was shot and wounded, and left for dead. The overseer, coming up, was shot and killed in spite of the appeals of his wife. Senator R. M. Patton had the wounded boy taken to Florence, where the same band came the next night and demanded him. Upon being refused, they fired repeatedly into the house until they were driven away.

They then went to the house of a druggist, and, failing to find money, burned him as they had Wilson. Though fearfully burned, he survived. Two of the band, natives of Florence, were captured, court-martialled by the Federal authorities, and hanged.[266]

Twenty Federals, or disguised tories, led by a tory from Madison County, killed an old man, his son, a nephew and his son, and wounded a fifth person, who was then thrown into the Tennessee River. When he caught the bush on the bank, he was beaten and shot until he turned loose. An enrolling officer was made to wade out into the river, and then was shot from the bank. An overseer who had hidden some stock was hanged. A Confederate officer was robbed of several thousand dollars and driven from the country.[267]

The tories, who were often deserters from the armies, gathered in the hill country and watched for an opportunity to descend into the valley to rob, burn, and murder. One family had the following experience with Federal troops or "unionists": On the first raid six mules, five horses, a wagon, and fifty-two negroes were taken; on the second, the remainder of the mules, a cart, the milch cows, some meat, and the cooking utensils. On the third the wagons were loaded with the last of the meat, and all of the sugar, coffee, mola.s.ses, flour, meal, and potatoes. The mother of the family told the officer in charge that they were taking away their only means of subsistence, and that the family would starve. "Starve and be d--d," was the reply. Then the buggy and the carriage harness and cushions were taken, and the carriage cut to pieces. The house was searched for money. Closets and trunks were broken open, the offer of keys being refused. Clothing and bedding, dishes, knives and forks were taken, and whatever could not be carried was broken. The "Destroying Angels," as they called themselves, then burned the gin-house and cotton press with one hundred and twenty-five bales of cotton, seven cribs of corn, stables, and stacks of fodder, a wagon, four negro cabins, the lumber room, $500 worth of thread, axes, hoes, scythe-blades, and other plantation implements.

They started to burn the dwelling house, but the woman pleaded that it was the only shelter for her children and herself. "You may thank your good fortune, madam, that we have left you and your d--d brats with your heads to be sheltered," answered one of the "Destroying Angels." Then an officer galloped up, claimed to be much astonished, and ordered away the men.[268]

The tories or "unionists" of the mountains, instead of joining the Federal army, formed bands of "Destroying Angels," "Prowling Brigades," etc., to prey upon their lowland neighbors. All the able-bodied loyal men were in the army, and there were no defenders. During the Federal occupation these marauders hara.s.sed the country. When the Confederates temporarily occupied the country, they tried to drive out the brigands, whence arose the "persecution of unionists" that we read about. Thousands of Confederate sympathizers were driven from their homes during the Federal occupation in 1862. When the Union army retreated in 1862, attempts at retaliation were made by those who had suffered, but this was strictly suppressed by the state and Confederate authorities. An officer was dismissed for cruelty to "unionists," and the state troops destroyed a band of deserters and guerillas who were preying upon the "union" people in the mountain districts. Marion, Walker, and Winston counties were especially infested with tories.[269]

In 1864, when there were few Confederate troops in north Alabama, the tories were very troublesome in De Kalb, Marshall, Marion, Winston, Walker, Lawrence, and Fayette counties, and the poor people were largely under their control. Among the hills were deserters from both armies, and these, banded with the tory element, reduced the helpless poor whites to submission. These men were few in comparison with the total population, but most of the able-bodied loyal men were in the army, and the tories and deserters were almost unchecked.[270] Sometimes the Confederate soldiers from north Alabama would get furloughs, come home, and clear the country of tories, who had been terrorizing the people. Short work was made of them when the soldiers found them. Some were shot, others were hanged, and the remainder driven out of the country for a time.[271]

After their occupation of north Alabama, the Federal commanders were embarra.s.sed by the violent clamorings of the "unionists" for revenge, and for superior privileges over the non-unionist population. Material advantage and personal dislikes were too often the basic principles of their unionism. They were extremely vindictive, demanding that all Confederate sympathizers be driven from the country. Thus they made themselves a nuisance to the Federal officers, and especially was this true of the small lowland tory element. Subjugation, banishment, hanging, confiscation,--was the programme planned by the "loyalists." They wanted the country "pacified" and then turned over to themselves. Though they claimed to be numerous, no instance is found where they proposed to do anything for themselves; they seemed to think that the sole duty of the United States army in Alabama was to look after their interests. The northerners who had dealings with the "loyalist" did not like him, as he was a most unpleasant person, with a grievance which could not be righted to his satisfaction without giving rise to numerous other grievances.

Some qualifications of loyalty seem to have been: a certain mild disapproval of secession, a refusal to enlist in the Confederate army or desertion after enlisting, hiding in the woods to avoid conscript officers. These qualifications, or any of them, the "loyalist" thought ent.i.tled him to the everlasting grat.i.tude and protection of the United States. But a newspaper correspondent, who was on a sharp lookout for all signs of weakness in the Confederacy, said: "You can tell the southern loyalists as far as you can see them. They all have black or yellow skins and kinky hair." Sometimes, he added, there was a white "unionist," but this was rare, and the exceptions in any town in north Alabama could be counted on the fingers of one hand.[272] As long as the war lasted the lawless element fared well, and when peace should come they hoped for a division of the spoils.[273]

Disaffection in South Alabama

So much for toryism in the northern part of the state. There were also manifestations of a disloyal spirit in the extreme inaccessible corner of the state next to Florida and Georgia, where the population of the spa.r.s.ely settled country was almost entirely non-slave-holding. Though most of the people were Democrats, they were somewhat opposed to secession. Delegates were elected, however, to the convention of 1861, who voted for secession, and after the war began nearly or quite all of those who had opposed secession heartily supported the Confederacy. If there were any "union" men, they kept very quiet, and for two years there was no trouble.[274] But during the winter of 1862-1863, numerous outrages were committed by outlaws who were called, indiscriminately, tories and deserters. Much trouble was given by an organization called the First Florida Union Cavalry, which for two years committed various outrages while on bushwhacking expeditions under the leadership of one Joseph Sanders. After being soundly beaten one night by the citizens of Newton, in Dale County, these marauders were less troublesome.[275] The country near the Gulf coast was infested with tories, deserters, and runaway slaves, concealed in caves, "tight-eyes,"[276] canebrakes, swamps, and the thick woods of the spa.r.s.ely settled country. In January, 1863, Governor Shorter wrote to President Davis that nearly all the loyal population of southeast Alabama was in the army, and that the country was suffering from the outrages of tories and deserters. About the same time, Colonel Price "suppressed unionism and treason in Henry County," though only one prisoner was reported as being taken.[277]

In August of the same year (1863) conditions had grown worse. General Howell Cobb reported that there was a disloyal feeling in southeast Alabama, but that there was no way to reach the offenders, as they were guilty of no overt act, and therefore the military courts could not try them. To turn them over to the civil authorities in that district would secure only a farcical trial, and the justices of the peace, though a.s.suming the highest jurisdiction, were ignorant, and there was little chance of conviction. At this time, Governor Shorter said that affairs in lower Henry County were in bad condition; that the deserter element was strong and threatened the security of loyal people; and that the soldiers were afraid to leave their families.[278] A judge could not hold court unless he had a military escort.

During the next year matters grew worse in this section as well as in north Alabama. Some of the best soldiers felt compelled to go home, even without permission, to protect or to support their families; and in October, 1864, the legislature recognized this condition of affairs, and asked the Alabama soldiers, then absent without leave, to return to their duty under promise of lenient treatment.[279]

The worst depredations were committed during the winter of 1864-1865, in the counties of Dale, Henry, and Coffee. The loyal people in the thinly settled country were terrorized. The legislature, unable to protect them, authorized them to band themselves together in military form for protection against the outlaws. These bands of self-const.i.tuted "Home Guards," composed of boys and old men, captured numbers of the outlaws and straightway hanged them.

Desertions from the regiments raised in the white counties were often caused by denying to recruits or conscripts the privilege of choosing the command in which they should serve. Others deserted because their families were exposed to tory depredations and Federal raids, or were in want of the necessaries of life. These would have returned to the army after providing for their families had they been permitted to join other organizations and not subjected to punishment. a.s.signed arbitrarily to commands in need of recruits, some became dissatisfied, and deserted. A deserter was an outlaw and found it impossible to remain neutral. Hence many joined the bands of outlaws to pillage, and burn, and steal horses and cattle. Others of better character joined the Federals or became tories, that is, allied themselves with the original tories in order to work against the Confederacy. Numbers of these disaffected people had once been secessionists.[280]

Prominent Tories and Deserters

In view of the fact that the "unionists" were to play an important part in Reconstruction, it will be of interest to examine the records of the most prominent tories and deserters. A few prominent men joined the Federals during the course of the war, though none did so before the Union army occupied the Tennessee valley. Only one of these tried to a.s.sume any leadership over the so-called unionists. This was William H. Smith, who had come within a few votes of being elected to the Confederate Congress, and was later the first Reconstruction governor. He went over to the enemy in 1862, and did much toward securing the enlistment of the 2576 Union soldiers from Alabama.

At the same time, a more important character, General Jeremiah Clemens,[281] who had been in command of the militia of Alabama with the rank of major-general, became disgruntled and went over to the enemy. In the secession convention, Clemens had declared that he "walked deliberately into rebellion" and was prepared for all its consequences.[282] He first opposed, then voted for, the ordinance of secession, and afterwards accepted the office of commander of the militia under the "Republic of Alabama." For a year Clemens was loyal to the "rebellion," but in 1862 he had seen the light and wished to go to Washington as the representative of north Alabama to learn from President Lincoln in what way the controversy might be ended. The Washington administration, by that time, had little faith in any following he might have, and when Clemens with John Bell started to Washington, Stanton advised them to stay at home and use their influence for the Union.[283]

George W. Lane, also of Madison County, was a prominent man who cast his lot with the Federals. Lane never recognized secession, and was an outspoken Unionist from the beginning. He was appointed Federal judge by Lincoln and died in 1864.[284] In April, 1861, Clemens wrote to the Confederate Secretary of War that the acceptance of a United States judgeship by Lane was treason, and that the "north Alabama men would gladly hang him."[285] General O. M. Mitch.e.l.l seemed to think that the negroes were the only "truly loyal," but he recommended in May, 1862, that, when a military government should be established in Alabama, George W. Lane, the United States district judge appointed by Lincoln, be appointed military governor. Lane's faded United States flag still flew from the staff to which he had nailed it at the beginning of the war, and his appointment as governor, Mitch.e.l.l thought, would give the greatest satisfaction to Huntsville and to all north Alabama.[286]

Two members of the convention of 1861, besides Clemens, deserted to the Federals. These were C. C. Sheets and D. P. Lewis. Like Clemens, they were elected as cooperationists and opposed immediate secession, though all three voted for the resolution declaring that Alabama would not submit to the rule of Lincoln. Sheets voted against secession and would not sign the ordinance. For a while he remained quietly at home and refused to enter the Confederate army. At length he reappeared from his place of hiding and a.s.sisted in recruiting soldiers for the First Alabama Union Cavalry. He was elected to the state legislature, but in 1862 was expelled for disloyalty. After some time in hiding, he was arrested, and imprisoned for treason. General Thomas retaliated by arresting and holding as a hostage General McDowell. Sheets remained in prison until the end of the war.[287]

David P. Lewis of Madison County voted against secession but signed the ordinance, and was elected to the Provisional Congress by the convention, and in 1863 was appointed circuit judge by the governor. This position he held for a few months, and then deserted to the Federals. During the remainder of the war he lived quietly at Nashville.[288]

Another prominent citizen of Madison County, Judge D. C. Humphreys, joined the Federals late in the war. Humphreys had been in the Confederate army and had resigned. He was arrested by General Roddy on the charge of disloyalty. It is not known that he was ever tried or put into prison, but in January, 1865, Hon. C. C. Clay, Sr., and other prominent citizens of Huntsville, of southern sympathies, all old men, were arrested and carried to prison in Nashville as hostages for the safety of Humphreys, who had been released by order of the Confederate War Department as soon as the rumor of his arrest reached Richmond.[289] In April, 1864, General Clanton, commanding in north Alabama, sent Governor Watts a Nashville paper in which Jeremiah Clemens, "the arch traitor," and that "crazy man,"

Humphreys, figured as advisers to their fellow-citizens of Alabama in recommending submission.[290] There are indications that several such addresses were issued by Clemens, Humphreys, Lane, and others from the safety of the Federal lines, but the text of none of them has been found except those written and published when the war was nearly ended.

Of the men of position and influence who were found in the ranks of opposition to the Confederate government after 1861, Judge Lane is the only one whose course can command respect. He was faithful to the Union from first to last, while the others were erratic persons who changed sides because of personal spites and disappointments. They had little or no influence over, and nothing in common with, the dissatisfied mountain people and the tories and deserters.[291]

Numbers of the Disaffected

At the surrender the deserters came in in large numbers to be paroled. The reports of the Federal generals who received the surrender of the Confederate armies in the southwest show a surprisingly large number of Confederates paroled. A large proportion of them were deserters, "mossbacks," and tories, who, hated by the Confederate soldiers and fearing that the latter would seek revenge for their misdeeds during the war, felt that it would be some protection to take the oath, be paroled, and secure the certificate. Then, they thought, the United States government would see to their safety. At the surrender of a Confederate command in their vicinity, they flocked in from their retreats and were paroled as Confederate soldiers. To show how large this element in Mississippi and Alabama was, when General d.i.c.k Taylor surrendered, May 4, 1865, at Meridian, Mississippi, he had not more than 8000 real soldiers, or men under arms. It is possible, though not probable, that many were absent with leave. Yet of the 42,293 soldiers paroled in the armies of the Southwest[292] about 30,000 of them were at Meridian. Many of these had never been in the army; some had served in both armies; none had been in either for a long time. For weeks they kept coming in at all points where a United States officer was stationed in order to be paroled. The soldiers were furious. The statistics show[293] that strong Confederate armies were surrendered in this section of the country, when, as a matter of fact, the governor of Alabama had for two years been unable to secure sufficient military support to enforce the laws over more than half of the state.[294]

It is difficult to estimate the number of disaffected persons within the limits of the state. Probably in southeast Alabama there were in all, of tories and deserters, 1000 who at times were actively hostile to the Confederate authorities, and who committed depredations on the loyal people, and 1000 or 1500 more would include the "mossbacks" and obstructionists, who were without the courage to do more than keep out of the army and talk sedition. In addition to the 2576 enlistments in the Federal army credited to Alabama, it is probable that several hundred more were enlisted in northern regiments. Some of these were the Confederate prisoners captured late in the war and enlisted as "Galvanized Yankees" in the United States regiments sent West to fight the Indians.

Of deserters, tories, and "mossbacks" there could not have been less than 8000 or 10,000 in north Alabama. Of these, at least half were in active depredation all over the section. There were several thousand deserters from the Alabama troops, most of them from north Alabama and from commands stationed near their homes. At the beginning of the war there were probably no more than 2000 men who were wholly disaffected,[295] and these only to the extent of desiring neutrality for themselves.

On November 30, 1864, the Confederate "Deserter Book" showed that since April, 1864, 7994 Alabama soldiers had deserted or been absent without leave from the armies of the West and of Northern Virginia. Of these 4323 were again in the ranks, leaving still to be accounted for 3671 men. There were many deserters in the hills of Alabama from the commands from other states. After the fall of Atlanta, the number of stragglers and deserters greatly increased, and late in 1864 it was estimated that 6000 of them were in the state, some in every county; there being no longer a force to drive them back to the army. For a year or more the force for this purpose had been very weak.[296]

Much of the toryism and of the trouble resulting from it was due to the weak policy of the Confederate authorities in dealing with discontent and in protecting the loyal people in exposed districts. Many a man had to desert in order to protect his family from outlaws, and was then easily driven into toryism.