Chapter XLIII: Appendix: II (4)

[819] Other witnesses gave, in some respects, more favorable testimony, though most of them were very much more bitter. General Swayne showed no bias except the natural bias of one who did not understand the people, and who had no sympathy with any of the southern social or political principles. Of the northern men he was the best qualified by experience and observation to testify as to conditions in the South. He was an intelligent, educated man, trained in the law, and had a good military record. Most of the others were distinctly below his standard,--ignorant, prejudiced officers of volunteers from the West.

[820] General Swayne was in Alabama nearly three years as the head of the unpopular Freedmen's Bureau, and his accounts, from first to last, of conditions in Alabama were marked by a fairness which can be found in but little of the official correspondence from the South. He believed in the Freedmen's Bureau, in negro suffrage, and in the political proscription of white leaders; but his feelings influenced his judgment but little, and, unlike other Bureau officials, he never made misrepresentations.

[821] _The Nation_, Feb. 15, 1866.

[822] _Huntsville Advocate_, July 26, 1865.

[823] Herbert, "Solid South," pp. 29, 30; _Atlantic Monthly_, Feb., 1901.

[824] See Memorial of William H. Smith, J. J. Giers, and D. C. Humphreys to Congress, Feb., 1866, in Ho. Mis. Doc., No. 42, 39th Cong., 1st Sess. Testimony of the same and of M. J. Saffold in Report of Joint Committee on Reconstruction, 1866; letter of D. H. Bingham from West Point, New York; Reid, "After the War," _passim_.

[825] See Le Conte, "Autobiography," p. 236; Montgomery correspondent in _N. Y. Daily News_, May 7, 1866.

[826] A newspaper correspondent, the guest of ex-Governor C. C. Clay, wrote: "While the Yankee boldly marched in at the front door into his [Clay's] parlors and best chambers to dream loyal dreams and rest now that the warfare's o'er, the quondam aristocrat [a son of ex-Governor Clay, editor of a paper in Huntsville, had been outlawed for his sentiments during the occupation of north Alabama by the Federal troops and was in hiding] must plod around to the rear and there eat the (corn) bread of mad passion weighed down with mad remorse." Letter from a travelling correspondent of the _N. Y. Times_, Aug. 17, 1865. The _Times_ usually had very little of such correspondence. The _Times_, the _Herald_, and the _World_ had good correspondents in the South, especially during Reconstruction.

[827] An old Alabama river steamboat captain had had his boat burned by Wilson, but had secured another. The Federal army regarded him as a most unmitigated "rebel." He would play "Dixie" in spite of all prohibitions. He was finally arrested on a more serious charge.

"What do you answer to the charge against you?"

"Faith, an' which one?"

"That you refuse to take the bodies of dead Federal soldiers on your boat to Montgomery."

"No, no, that's not true. God knows it would be the pleasure of my life to take the whole Yankee nation up the river _in that same fix_." "Our Women in the War," p. 281.

Colonel Robert McFarland returned to Florence in the only suit he possessed--a gray uniform. He was peremptorily ordered by the Federal officers not to wear it. He was in a quandary until a friend secured a long linen duster for him to wear. "Northern Alabama," p. 291.

[828] Gen. T. Kilby Smith, on Sept. 14, 1865, in Mobile, made a statement for Carl Schurz in which he asserted that one of the most intelligent, well-bred, pious ladies of Mobile wanted the military authorities to whip or torture into a confession of theft two negroes whom she suspected of stealing. She considered it a hardship, he said, that a negro might not be whipped or tortured in order to force a confession, when there was no evidence against him. "I offer this," he wrote, "as an instance of the feeling that exists in all classes against the negro." See Doc. No. 9, accompanying the report of Schurz.

[829] I have seen a coarse article reflecting on the character of southern women originally published in the _Tribune_ and copied in a small Alabama paper each issue for several weeks. It asserted in thinly veiled terms that many of the young southern women were too intimate with negro men; the solution of the race question by amalgamation was asserted as sure to come; details of such a solution were suggested, and examples of what was taking place were cited.

[830] General Terry attempted to explain the condition of affairs by saying that the results of the war were but the legitimate consequence of a conflict between an inferior and a superior race. "Land We Love," Vol. IV, p. 243. Gen. T. Kilby Smith, in September, 1865, complained that Federal officers were not received in society in Mobile. General Wood, he said, had been six weeks in Mobile, "ignored socially and damned politically"; and this, he said, in a community which before the war was considered one of the most refined and hospitable of all the southern maritime cities, the favorite home of army and naval officers. Doc. No. 9, accompanying the report of Schurz.

[831] In addition to references cited above, see also _Huntsville Advocate_, March 9 and 23, July 26, 1865; Ho. Mis. Doc., No. 42, 39th Cong., 1st Sess.; Sen. Mis. Doc., No. 43, 39th Cong., 1st Sess. (Truman); Reid, "After the War," pp. 211, 212, 218, 219; "The Land We Love," _passim_; "Our Women in the War," p. 279 _et passim_; Abbott, "The Rights of Man," pp. 224-226; Clayton, "White and Black," pp. 150-152; Clay, "A Belle of the Fifties"; Straker, "The New South Investigated," pp. 24, 57; Report of the Joint Committee, 1866, Pt. III; _N. Y. Daily News_, April 16, 1864, and Dec. 4, 1865; Reports of Schurz, Truman, and Grant; Reports of the Freedmen's Bureau; _Southern Magazine_, 1874 (DeLeon); _N. Y. Times_, Oct. 31, 1865; _N. Y. Herald_, July 23, 1865; Miller, "Alabama," pp. 233-251; Columbus (Ga.) _Sun_, March 22 and April 19, 1865; _The Nation_, Feb. 15, 1866; Ku Klux Rept., Ala. Test., _passim_; Reconstruction articles in _Atlantic Monthly_, 1901.

[832] Trowbridge, "The South," p. 448.

[833] Thomas W. Conway, of the Freedmen's Bureau, who passed through the state in 1866, stated that there were men in Alabama who, rather than sell their lands to northern men or borrow money in the North, would see their plantations lie waste, and before they would hire their former slaves as free laborers they would starve. The spirit of hatred toward northern men was universal, he said. Report to Chamber of Commerce, New York, June 7, 1866.

[834] Jan. 17, 1867, the state legislature declared that the reports published in the northern papers that it was unsafe for northern men to reside in Alabama were false. The lower house declared that "we, in the name of the people of Alabama, most cordially invite skilled labor and capital from the world, and particularly from all parts of the United States, and pledge the hearty coöperation and support of the state." Annual Cyclopædia (1867), p. 15. For several years every inducement was offered by the planters to encourage immigration to the Black Belt. As late as 1869 immigration conventions were held. Annual Cyclopædia (1869), p. 10. During 1865 the north Alabama "unionists" hoped to see northern white men come in and take the place of the negroes. _The Nation_, Aug. 17, 1865.

[835] Report of Truman, Sen. Ex. Doc., No. 43, 39th Cong., 1st Sess.; Reid "After the War," _passim_; Trowbridge, "The South," p. 448; _N. Y. Times_, Nov. 10, 1865, July 2 and Oct. 31, 1866; General Swayne's testimony, Report Joint Committee, Pt. III, p. 141; General Tarbell's testimony, Report Joint Committee, Pt. III, pp. 155, 156.

[836] Report Joint Committee, 1866, Pt. III, pp. 139-141.

[837] In addition to the above references, see _The World_, Nov. 13, 1865; _N. Y. Times_, July 2 and Sept. 9, 1866; _N. Y. Herald_, July 23 and Aug. 28, 1865 (Swayne); Truman's Report, April 9, 1866; Swayne's Report, Jan., 1866; _Harper's Monthly Magazine_, Jan., 1874.

[838] Pastoral Letters, May 30 and June 20, 1865.

[839] Perry, "History of the American Episcopal Church," Vol. II, p. 328 _et seq._; Whitaker, "The Church in Alabama," pp. 172-175; _N. Y. Herald_, Sept. 4, 1865; Wilmer, "The Recent Past from a Southern Standpoint," p. 143. Gen. T. Kilby Smith said that Wilmer had great influence among the better class of people, especially the women. Doc. No. 9, accompanying the report of Carl Schurz.

[840] Perry, "History of the American Episcopal Church," Vol. II, p. 328 _et seq._; Whitaker, pp. 175, 176; Wilmer, pp. 143-145.

[841] Whitaker, p. 177; Wilmer, "Recent Past," p. 145. A copy of the order was also found in the War Department archives.

[842] Pastoral Letter, Sept. 28, 1865.

[843] Whitaker, pp. 180, 181; Wilmer, pp. 145, 146; _Montgomery Mail_, Oct. 2, 1865.

[844] Whitaker, p. 182; Wilmer, p. 146; Copy of order in War Department archives. Republished on G. O. 2, Jan. 10, 1866, Hq. Dept. Ala., Mobile.

[845] Whitaker, p. 186; _Mobile Register_, Jan. 9, 1866; _Montgomery Mail_, Jan. 19, 1866.

[846] Annual Cyclopædia (1865), p. 25; Wilmer, pp. 147-152; Whitaker, pp. 189-194; Perry, Vol. II, p. 328 _et seq._ The northern conferences of the Methodist Protestant Church returned in 1877 to the southern organization. See "Statistics of Churches," p. 566.

[847] See Messages and Papers of the Presidents, Vol. X, p. 562.

[848] See Dunning, "Essays on the Civil War and Reconstruction," pp. 100-103.

[849] McPherson, "Reconstruction," pp. 121, 122, 504, 505.

[850] Taylor, "Destruction and Reconstruction"; Report of Joint Committee on Reconstruction, Pt. III, pp. 15, 60.

[851] See Dunning, "Essays," pp. 103-104.

[852] With only two dissenting votes.

[853] Some of these were southerners who were about to withdraw.

[854] _Cong. Globe_, July 22, 24, 25, 1861.

[855] _Cong. Globe_, Dec. 5, 1862.

[856] Messages and Papers of the Presidents, Vol. VI, pp. 5-12.

[857] Proclamation, Dec. 8, 1863, in Messages and Papers of the Presidents, Vol. VI, p. 213.

[858] Proclamation, July 8, 1864, Messages and Papers of the Presidents, Vol. VI, p. 223.

[859] Lincoln to Reverdy Johnson, Nicolay and Hay, p. 349.

[860] Nicolay and Hay, Vol. IX, p. 457; Vol. X, p. 123.

[861] Nicolay and Hay, Vol. VIII, p. 434.

[862] Message, Dec. 4, 1865, in Messages and Papers of the Presidents, Vol. VI, p. 379.

[863] _Cong. Globe_, Feb. 11, 1862.

[864] _Atlantic Monthly_, Oct., 1863.

[865] _Globe_, Feb. 25, 1865, and Dec. 4, 1865. See Henry Adams, "Historical Essays."

[866] Speeches in the _Globe_, 1865-1867.

[867] _Globe_, Aug. 2, 1861.

[868] _Globe_, Jan. 8, 1863.

[869] _Globe_, Jan. 22, 1864.

[870] _Globe_, Jan. 8, 1863.

[871] _Globe_, Dec. 4, 1865, March 10, 1866; Taylor, "Destruction and Reconstruction," p. 244.

[872] See also Dunning, "Essays," pp. 106-108.

[873] See Dunning, "Essays," pp. 99-112; Texas _versus_ White (1869), 7 Wallace 700; Scott, "Reconstruction during the Civil War"; McCarthy, "Lincoln's Plan of Reconstruction"; Burgess, "Reconstruction and the Constitution," pp. 1-143.

[874] _N. Y. Times_, April 4, 1865.

[875] Elected in 1863.

[876] Testimony of M. J. Saffold, Report Joint Committee, 1866, Pt. III, p. 60. The "union" men greatly exaggerated the strength of the "union" sentiment in the state during the war and their individual part in the peace movement. This was necessary in order to secure recognition as representatives of a strong "union" element. When the plan of the President was so modified as to leave them in their natural position of no influence, they became very bitter against it and played the martyr act to perfection.

[877] Testimony of J. J. Giers, Report Joint Committee, Pt. III, p. 15; O. R., Ser. I, Vol. XLIX, Pt. II, pp. 473, 485, 505, 506.

[878] See pp. 143-148.

[879] O. R., Ser. I, Vol. XLIX, Pt. II, p. 560.

[880] Judge Byrd was elected to the Supreme Court in 1865. He was a distant relative of Colonel William Byrd, of Westover, Va., Esq. Brewer, p. 224.

[881] General C. C. Andrews, in O. R., Ser. I, Vol. XLIX, Pt. II, p. 727; _N. Y. Commercial Advertiser_, May 27, 1865; _N. Y. Tribune_, June 2, 1865.

[882] There were present: Ex-Gov. John G. Shorter, M. A. Baldwin (Attorney-General, Brewer, p. 445), W. B. Bell, A. B. Clitherall (Brewer, p. 479), all of whom had been ardent secessionists, and L. E. Parsons (see p. 143), Col. J. C. Bradley, Col. J. J. Seibels (Brewer, p. 459; see p. 143), W. J. Bibb, J. G. Strother, M. J. Saffold (Brewer, p. 215), George Goldthwaite (Brewer, p. 451, A. and I. General). It was a fairly representative body of government officials and "stay-at-homes."

[883] Garrett, p. 166. Reese was a "Union" man.

[884] _N. Y. Commercial Advertiser_, May 27, 1865; _N. Y. Tribune_, June 2, 1865; _Montgomery Mail_, May 12, 1865. The members of the committee which went to Washington were: Joseph C. Bradley, L. E. Parsons, M. J. Saffold, Lewis Owen, George S. Houston, James Birney, W. J. Bibb, John M. Sutherlin, Albert Roberts, Luke Pryor. None of the committee had been secessionists. Reese had been a "Union" man, Saffold a "political agent." W. J. Bibb had made a visit to Washington during the war and had a consultation with Lincoln. Parsons was a "Union" man. Houston and Pryor (see Brewer, pp. 324, 326) were neither "Union" nor "secessionist," but "constitutional." The others were unknown to public life.

[885] Formerly colonel of the 48th Alabama Infantry.

[886] _N. Y. Daily News_, May 29, 1865.

[887] O. R., Ser. I, Vol. XLIX, Pt. II, p. 826.

[888] O. R., Ser. I, Vol. XLIX, Pt. II, p. 971.

[889] O. R., Ser. I, Vol. XLIX, Pt. II, pp. 810, 854, 877.

[890] Member of Congress, Confederate colonel of the 36th Alabama, former Whig. Brewer, p. 425.

[891] Former Whig, Adjutant and Inspector-General during the war. Brewer, p. 397.

[892] _N. Y. Herald_, June 15, 1865.

[893] _N. Y. World_, June 13, 1865. The absence of the old names in all these movements is noticeable. The old leaders had been strongly in favor of the Confederacy and now took back seats while smaller men came forward. They never came into power again.

[894] _Huntsville Advocate_, July 19, 1865.

[895] In one of the mountain counties, but the exact location was never named in any of the accounts of the convention.

[896] _N. Y. Herald_, June 17, 1865.

[897] He represented Talladega in the convention of 1867.

[898] See above, p. 125.

[899] Parsons, Bradley, Houston, Nicholas Davis, Pryor, Saffold, Bibb, Roberts, etc.

[900] Letter in _N. Y. Herald_, June 17, 1865.

[901] See McPherson, "Rebellion," p. 286.

[902] The _Mobile Register_ and _Advertiser_ (John Forsyth, editor) supported the President's policy: "The states were never out of the Union"--July 18, 1865. The _Huntsville Advocate_, July 19, said, "The presidential policy is simple, direct, and emphatic." Henry W. Hilliard, General Cullen A. Battle, Ex-Governors Shorter, Moore, Watts, and Fitzpatrick declared that there would be no opposition but a hearty effort "to get straight."

[903] Lilian Foster, "Andrew Johnson: Services and Speeches," pp. 199, 210, "Address to Loyal Southerners," April, 1865.

[904] There is little reason to believe that Lincoln could have succeeded in the struggle with Congress.

[905] See Foster, "Andrew Johnson," for change of feeling in Johnson as expressed in his speeches in 1865 and 1866.

[906] "President Tamers" the Radicals called them.

[907] McCulloch, p. 517 and Preface; _Nation_, Oct. 26, 1865; Mayes, "L. Q. C. Lamar"; Reid, "After the War," pp. 404, 405, 578; _Mobile Register and Advertiser_, July 18, 1865; _Huntsville Advocate_, July 18, 1865.

[908] McPherson, p. 10; Messages and Papers of the Presidents, Vol. VI, p. 310.

[909] McPherson, p. 10.

[910] G. O., Nos. 5, 13, and 14, Department of Alabama, 1865.

[911] _N. Y. Herald_, June 21, 1865; Brewer and Garret, _sub. nom._

[912] Article II, section 2: Article IV, section 4.

[913] Lewis Eliphalet Parsons, born 1817, Boone County, New York, was the son of a farmer and the grandson of the celebrated Jonathan Edwards. He came to Alabama in 1840 and practised law in Talladega, was a Whig, later a Douglas Democrat, and on both sides during the war. See above, p. 143.

[914] Here "loyal" seems to mean those who had taken the amnesty oath.

[915] Messages and Papers of the Presidents, Vol. VI, p. 323.

[916] Those who could take the iron-clad test oath of 1862.

[917] Sen. Ex. Doc., No. 26, p. 97, 39th Cong., 1st Sess.

[918] James Redpath in _The Nation_, Aug. 17, 1865, condensed.

[919] See Foster, "Andrew Johnson," pp. 199, 210, 214, 220, 250.

[920] The 22d of May was the date when the Confederate state government ceased to exist.

[921] Garrett, p. 735, says Aug. 30 and Sept. 12. The convention met on Sept. 12.

[922] Parsons's Proclamation, July 20 (or 22), 1865; in _N. Y. Herald_, July 26 and Aug. 11, 1865; Garrett, p. 735; McPherson, p. 21.

[923] Parsons's Message to Convention, Sept. 21, 1865; Proclamation, July 20, 1865; in _N. Y. Herald_, Aug. 11, 1865.

[924] _Huntsville Advocate_, Aug. 17, 1865.

[925] See McCulloch, p. 517 and _passim_; _N. Y. Tribune_, May 4, 1866; _Mobile Times_, April 25, 1866.

[926] _N. Y. Herald_, Sept. 3, 1865.

[927] Testimony of M. J. Saffold, Report of Joint Committee, 1866, Pt. III, pp. 59-63.

[928] Ho. Ex. Doc., No. 16, 40th Cong., 2d Sess.

[929] Others were pardoned for having aided the Confederacy in the following occupations: agents of the Nitre and Mining Bureau; tax collector and state assessor; tax receiver (Confederate); general officer of the Confederate army; postmasters who had held office before the war; members of the state legislature; cotton agents; foreign agents and commissioners; graduates of West Point and Annapolis; resigning United States service to join Confederacy; mail contractors; clerks of the Confederate government; state and Confederate judges; members of Congress; receivers of subscriptions for the Confederacy; marshals and deputy marshals; clerks of state and Confederate courts; agents for the purchase of supplies; members of advisory board; cotton bond agent; Confederate government official; commissioner of appraisement; depositary; route agent; commissioner of Indian affairs; member of convention of 1861; prize commissioner; commissioner to take testimony; Indian agent; Confederate financial agent; commissioner to examine prisoners held by military authorities; agent of the Produce Loan; receiver of the tax-in-kind; leaving loyal state; commissioner of "fifteen million loan"; agent to receive subscriptions for cotton and produce loans; depot agent to receive the tax-in-kind; agent under sequestration laws; enrolling officer; impressment agent; Treasury agent; Confederate contractor; sequestration commissioner; agent to collect provisions for the army; district attorney; state printer; border agriculturist; custom officer; agent to receive titles; commissioner to examine political prisoners. Ho. Ex. Doc., No. 16, 40th Cong., 2d Sess., gives a list of those pardoned. Some of the more well-known men pardoned were: R. M. Patton, "agent for the sale of rebel bonds, and worth over $20,000"; Nicholas Davis, "member of rebel provisional Congress"; Charles Hays, worth over $20,000; Benjamin Fitzpatrick, "resigned United States Senate"; J. G. Gilchrist, "member of Secession Convention"; S. F. Rice, worth over $20,000; S. S. Scott, Indian agent; H. C. Semple, worth over $20,000; Thomas H. Watts, "member of rebel convention, voted for ordinance of secession, colonel in rebel army, attorney-general of the would-be Southern Confederacy, rebel governor of Alabama, and worth $20,000"; M. J. Saffold, "commissioner to examine political prisoners, and state printer."

[930] The names and offences of those pardoned are given in Ho. Ex. Doc., No. 99, 39th Cong., 1st Sess.; No. 16, 40th Cong., 2d Sess.; and No. 31, 39th Cong., 2d Sess.

[931] _N. Y. Herald_, Oct. 15, 1865.

[932] _Montgomery Daily Advertiser_, Oct. 1, 1865.

[933] _N. Y. Herald_, Sept. 26 and Oct. 15, 1865.

[934] _N. Y. Herald_, Sept. 26, 1865.

[935] Journal of the Convention, 1865, p. 28.

[936] Journal of the Convention, 1865, pp. 16, 57, 58; _N. Y. Herald_, Sept. 26 and Oct. 15, 1865.

[937] Annual Cyclopædia (1865), pp. 16, 17; Journal of the Convention, 1865, pp. 57, 58.

[938] The vote cast was 92, probably all who were present. Journal of the Convention, p. 59; _N. Y. Herald_, Sept. 26, 1865; Shepherd, "Constitution and Ordinances," 1865, p. 48; Code of 1867, Ordinance No. 13, Sept. 25, 1865. Early in the session Mardis of Shelby, a "loyal" member, proposed a resolution to the effect that the ordinance of secession was "unconstitutional and therefore illegal and void, [and that] the leaders of the rebellion having been forced to lay down their arms and turn over to the conservative people of the state the reigns of the civil government by which the state has become more peaceful and loyal to the United States government. She is now entitled to all the rights as before ordinance of secession." Journal of the Convention, 1865, p. 16. The resolutions of the "loyalists" were curiosities, and the secretary did not always expurgate bad spelling, etc.

[939] Shepherd, "Constitution and Ordinances," 1865, p. 49; Ordinance No. 14.

[940] _N. Y. Herald_, Sept. 22, 1865.

[941] Annual Cyclopædia (1865), p. 17; _N. Y. Times_, Sept. 29, 1865; _N. Y. Herald_, Oct. 15, 1865; Shepherd, "Constitution and Ordinances," 1865, pp. 53, 54; Ordinances Nos. 25-28, September, 1865. In spite of this ordinance certain war debts were paid. Fowler, Superintendent of Army Records, was paid $3000 for his work during the war, the legislature buying the records from him. Coleman, a Confederate judge, was paid for services during the war. See Acts 65-66 and the Journal of the Convention of 1867. The newspaper reports give summaries of the debates on the more important ordinances; the Journal of the Convention gives only the votes and resolutions.

[942] Chairman of the committee on suffrage, Convention of 1901.

[943] It seems to have been taken for granted by the convention that slavery was already abolished.

[944] The amnesty proclamation expressly excepted property in slaves.

[945] Annual Cyclopædia (1865), p. 14; _N. Y. Times_, Sept. 30, 1865.

[946] "Loyalist," and later a "scalawag."

[947] _N. Y. Herald_, Oct. 15, 1865.

[948] Journal of the Convention, 1865, p. 49.

[949] Journal of the Convention, 1865, pp. 49, 50; _N. Y. Herald_, Oct. 15, 1865; Shepherd, "Constitution and Ordinances," 1865, p. 45, Ordinance No. 6. The three members who voted against the abolition ordinance were Crawford of Coosa, Cumming of Monroe, and White of Talladega. They wanted to let the Supreme Court decide. The Supreme Court of Alabama, a year later, held that, as a matter of history which the court would recognize, slavery was dead as a result of war before the passage of the ordinance of Sept. 22, 1865.

[950] That class of men called all negroes "free negroes" and "freedmen" for years after the war as a term of contempt.

[951] Afterwards second provisional governor.

[952] _N. Y. Times_, Sept. 30, 1865.

[953] _N. Y. Herald_, Oct. 15, 1865.

[954] _N. Y. Times_, Sept. 30, 1865.

[955] Journal of the Convention, 1865, p. 80; Shepherd, "Constitution and Ordinances," 1865, p. 61, Ordinance No. 34.

[956] _Huntsville Advocate_, Sept. 28, 1865. A "Johnson reconstruction paper."

[957] _Huntsville Advocate_, Oct. 12, 1865.

[958] Shepherd, p. 57, Ordinance No. 30; Journal of the Convention, 1865, pp. 67, 68. See Constitution of 1865, Article IV, Section 4.

[959] Journal of the Convention, 1865, p. 34.

[960] A member of the convention of 1861.

[961] _N. Y. Herald_, Oct. 15, 1865.

[962] Journal of the Convention, 1865, p. 74.

[963] Shepherd, p. 44, Ordinance No. 5.

[964] Shepherd, p. 54, Ordinance No. 26.

[965] Shepherd, p. 46, Ordinance No. 7.

[966] Shepherd, p. 63, Ordinance No. 39.

[967] Shepherd, p. 74, Ordinance No. 42. See Constitution, 1865, Article IV, Section 31.

[968] Shepherd, pp. 44, 53, 65, Ordinances Nos. 4, 23, 43.

[969] Shepherd, pp. 49, 62, 68, Ordinances Nos. 15, 37, 49.

[970] Ordinances Nos. 8, 16, 22, 33.

[971] Shepherd, p. 70.

[972] _N. Y. Herald_, Oct. 15, 1865; Sen. Ex. Doc., No. 26, 39th Cong., 1st Sess. (Parsons); Report Joint Committee, 1866, Pt. III, pp. 138-141.

[973] Parsons's Proclamation, Sept. 28, 1865.

[974] _Montgomery Advertiser_, May 12, 1866.

[975] In Macon, Russell, and Lowndes counties.

[976] _N. Y. Daily News_, Sept. 7, 1865; _N. Y. Tribune_, Feb. 6, 1866; Swayne's Report, Jan., 1866, in Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.; Report Joint Committee of Reconstruction, 1866, Pt. III, p. 140 (Swayne).

[977] "I, _A. B._, do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel or encouragement to persons engaged in armed hostility thereto; that I have never sought nor accepted nor attempted to exercise the functions of any office whatever, under any authority or pretended authority, in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or constitution within the United States, hostile or inimical thereto; and I do further swear (or affirm) that, to the best of my knowledge and ability, I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." McPherson, "Reconstruction," p. 193.

[978] Ho. Ex. Doc., No. 81, 39th Cong., 1st Sess., McCulloch, Report, March 19, 1866; McCulloch, "Men and Measures," pp. 227, 233. The Finance Committee reported in favor of paying these officials, accepting as correct the secretary's statement. They were paid, in spite of the opposition of Sumner, who voted not to pay "those rebels." McCulloch, p. 232.

[979] On March 17, 1866, the Postmaster-General, in a letter to the President, stated that the test oaths of July 2, 1862, and March 3, 1863, hindered the reconstruction of the postal service in the South. Of 2258 mail routes in 1861, only 757 had been restored. Before the war there were 8902 postmasters, and in 1866 there were but 2042, of whom 420 were women and 865 others could not take the oath. Ho. Ex. Doc., No. 81, 39th Cong., 1st Sess.

[980] _N. Y. News_, Dec. 8 and Oct. 23, 1865; _N. Y. Times_, July 2, 1866.

[981] Cox, "Three Decades," p. 603; Reid, "After the War," pp. 401, 402; _N. Y. Daily News_, Oct. 23 and Dec. 8, 1865; _N. Y. Times_, July 2, 1866.

[982] _Selma Times_, April 10, 1866. The rejection of such men as Dr. F. W. Sykes of Lawrence as tax commissioner was especially discouraging to the anti-Democratic party in the state. Sykes had been an obstructionist in the legislature during the war. Brewer, p. 309.

[983] One official who had suffered from objections made against his past record inserted the following advertisement in the _Selma Times_, April 11, 1866:--

"Having been elected twice, given three approved bonds, and sworn in five times, I propose opening the business of the city courts of Selma.

"E. M. GARRETT,
"_Clerk City Court of Selma_."

[984] There were no nominating conventions; the candidates were announced by caucuses of friends. Several other men were spoken of, but the contest narrowed down to three.

[985] _N. Y. Times_, Nov. 10, 1865.

[986] R. M. Patton, 21,442; M. J. Bulger, 15,234; W. R. Smith, 8194. The total vote was 44,870; the registration to Sept. 22, 1865, had been 65,825; the vote for delegates to the convention had been about 56,000; the vote for presidential electors in 1860 had been 89,579. The falling off in the vote may be explained by the death and disfranchisement of voters and by the indifference of south Alabama people to the north Alabama candidates.

[987] The convention in September had proceeded to correct the theory of the situation by conferring the powers of a civil governor upon Parsons, and authorizing him to act as governor until the elected governor should be qualified.

[988] McPherson, "Reconstruction," p. 21. Alabama was the twenty-seventh state to ratify, and with seven other seceding states made up the necessary three-fourths of the thirty-six states. So far the Johnson state governments were recognized. _Tribune_ Almanac, 1866. Later, when all that the "restoration" administration had done was found to be useless or worse than useless, an Alabama writer, in "The Land We Love," complained:--

"The constitutional amendment abolishing slavery could only be passed constitutionally when the southern states were in the Union. We were then in the Union for the few weeks during which time this was being done. For this brief privilege we lost 4,000,000 of slaves valued at $1,200,000,000. We have every reason to be thankful for being wakened out of our brief dream of being in the Union. A few more weeks of such costly sleep would have stripped us entirely of houses and lands."

[989] _N. Y. Herald_, Dec. 19, 1865.

[990] Inaugural Addresses, Dec. 13, 1865; Annual Cyclopædia (1865), p. 19.

[991] Both Parsons and Houston had been "Unionists," but neither could have subscribed to the oath exacted from members of Congress. The representatives chosen were: (1) C. C. Langdon, Whig, Bell and Everett man, of northern birth, opposed secession, a member of the legislature of 1861; (2) George C. Freeman, Whig, Bell and Everett man, opposed secession, captain and major 47th Alabama; (3) Cullen A. Battle, Democrat, major-general C.S.A.; (4) Joseph W. Taylor, Whig, Bell and Everett man, opposed secession; (5) Burwell T. Pope, Whig, opposed secession; (6) Thomas J. Foster, Whig, Bell and Everett man, opposed secession. None of the congressmen-elect could subscribe to the test oath. The people would have voted for no man who could take the test oath.

[992] McPherson, p. 15.

[993] _Cong. Globe_, Dec. 4, 1865.

[994] _Globe_, Dec. 4, 1865. This was a distinct refusal to recognize, for the present at least, the restoration as done by the President.

[995] _Cong. Globe_, Dec. 18, 1865.

[996] Herbert, "Solid South," p. 12.

[997] McPherson made a collection of extracts from various newspapers relating to his action in omitting the names of the southern members. Few of the editorials seem to indicate any belief that a grave constitutional question was to be settled. Most of the editors believed that he had exceeded his authority, but approved his action because the southern members were Democrats. The general opinion seemed to be that their politics alone was a cause of offence. See McPherson's scrap-book, "The Roll of the 39th Congress," in the Library of Congress.

[998] _Globe_, March 2, 1866.

[999] Swayne's Report, Oct. 31, 1866, Sen. Ex. Doc., No. 6, 39th Cong., 1st Sess.

[1000] Acts of Ala. (1865-1866), p. 601.

[1001] Swayne's Reports, Dec. 26, 1865, Jan. 31, 1866, and Oct. 31, 1866, in Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess., and Sen. Ex. Doc., No. 6, 39th Cong., 1st Sess.; Patton's Message, Jan. 16, 1866; _N. Y. Times_, Jan. 18, 1866; _N. Y. Evening Post_, Jan. 29, 1865; McPherson, "Reconstruction," p. 21; McPherson's scrap-book, "Freedmen's Bureau Bill," 1866.

[1002] McPherson, "Reconstruction," pp. 21, 22; Act, approved Feb. 23, 1866, Penal Code of Ala., pp. 6-8; Acts of Ala. (1865-1866), pp. 121, 124.

[1003] Acts of Ala. (1865-1866), Act of Dec. 15, 1865; Penal Code of Ala., p. 12. The compilers of the Penal Code placed this act in the Code separate from the rest, as irreconcilable with the provisions of the Code and with other legislation. That is, they refused to codify it and left it for the courts to decide. The law was meant to suppress a common practice of encouraging negroes to steal cotton, etc., for sale.

[1004] Acts of Ala. (1865-1866), p. 98; Penal Code, pp. 164, 165. In one respect the negro had a better standing in court than the white: he was a competent witness in his own behalf, and his wife might also be a witness.

[1005] Acts, Dec. 11 and 26, 1865. See below, Ch. XII.

[1006] In an interview with General Swayne, in 1901, he informed me that he was present when the bills were drawn up. The governor and the president of the Senate in consultation decided that all measures already brought forward should be vetoed or dropped; the apprentice and contract laws as they stood on the statute book were then drawn up, and no objection was made to them by General Swayne, who was present by request. He made suggestions as to what would be acceptable to the Bureau and to northern public opinion.

[1007] Acts of Ala. (1865-1866), pp. 111, 112 (Act of Feb. 16, 1866); Penal Code, p. 13.

[1008] Penal Code, pp. 50, 51.

[1009] Acts of Ala. (1865-1866), pp. 128-131 (Act Feb. 23, 1866).

[1010] Penal Code, pp. 34, 35.

[1011] Penal Code of Ala., pp. 10-12; Acts of Ala. (1865-1866), pp. 119-121. This was another act which the compilers refused to incorporate into the Penal Code. It was an amendment to the law already on the statute books, and the constitution of the state provided that the law revised or amended must be set forth in full (Article IV, Section 2.) The next legislature repealed this and similar laws as being in conflict with the Code. Acts of Ala. (1866-1867), pp. 107, 115, 504. It was never in force, being practically repealed by the later adoption of the Penal Code, which had the old ante-bellum law of vagrancy, which provided a fine of $10 to $50 for the first offence, and for a second conviction, $50 to $100 and hard labor for not more than six months. (See Penal Code, p. 37). The laws regulating labor and vagrancy were so carelessly drawn that it would have been practically impossible to enforce them. Not only were they technically unconstitutional, but they were also in conflict with the provisions of the Code. The consequence was confusion and the suspension of both Code and statutes. Colonel Herbert, in "The Solid South" (pp. 31-36), gives a summary of similar laws of the northern states which were more stringent than the Alabama laws. As a matter of fact, all the states had similar laws, but in the South they had always been a dead letter on the statute book.

[1012] See Blaine, "Twenty Years," Vol. II, p. 93.

[1013] It was not possible then, nor is it now, to pass any law in regard to labor contracts, vagrancy, or minor crimes, that would not affect the negroes to a much greater degree than the whites. All laws regulating society, if strictly enforced, would bear with much greater force upon blacks than upon whites.

[1014] Neither Swayne nor Howard made any objection to the apprentice and vagrancy laws, and so far as I can gather from the reports of General Swayne, they were not enforced. If so, there were no results unfavorable to the freedmen. In 1901, in an interview, Swayne stated that all measures that he considered objectionable had either failed to pass the Senate or had been vetoed by the governor. He intimated that he had a great deal to do with the suppression of such measures and the framing of new ones.

[1015] Feb. 13, 1866.

[1016] The date of the beginning of the provisional government.

[1017] General Swayne's account.

[1018] _Montgomery Advertiser_, Feb. 14, 1865; Swayne's Report, Oct. 31, 1866; Swayne's Testimony, Report Joint Committee, Pt. III, pp. 138-141.

[1019] Truman's Report, April 19, 1866; Mrs. Clayton, "White and Black," p. 152 _et passim_; "Our Women in the War," _passim_; _The Nation_, Oct. 5, 1865; Reid and Trowbridge.

[1020] Truman's Report, April 19, 1865.

[1021] _The Nation_, Feb. 15, 1866.

[1022] Referring to the emigration movement to Mexico, Brazil, Europe, etc.

[1023] This charge was published in the general presentments of the Pike County grand jury and was immediately taken up by the northern Democratic and the conservative Republican papers and given a wide publication. Mrs. Clayton republished it in her book (pp. 156-165). Judge Clayton was disfranchised by the Reconstruction Acts, and not until 1874 was he again able to hold judicial office. The bench and bar were generally in favor of admitting the negro to the fullest standing in the courts. Under slavery, when a case turned on negro testimony, extra-legal trials were often held and the decision given by "lynch-law" jury, the court officials presiding. In 1865 the lawyers and judges were ready to admit negro testimony, according to General Swayne, but made more or less objection in order not to alienate those of the people who objected.

[1024] Sen. Ex. Doc., No. 43, 39th Cong., 1st Sess.

[1025] _The Nation_, Oct. 5, 1865.

[1026] Brooks was a cousin of Preston Brooks of South Carolina, and had been president of the convention of 1861. The measure was indorsed by Governor Patton, Judge Goldthwaite, and a respectable minority. Ku Klux Rept., Ala. Test., p. 226.

[1027] McPherson's scrap-book, "Fourteenth Amendment," p. 55.

[1028] First Confederate Secretary of War, brigadier-general, C.S.A.

[1029] For this incident my authority is a statement of General Swayne made to me in 1901. He was much interested in the movement, and was positive that in time the native whites would have given the suffrage to the negro had not the Reconstruction Acts and other legislation so alienated the races. General Swayne gave me full explanations of his policy in Alabama. His death, a year after the interview, prevented him from verifying some details. His account, though given thirty-five years after the occurrences, was correct so far as I could compare it with the printed matter available. It agreed almost exactly with his reports as printed in the public documents, though he had not those at hand, and had not seen them for thirty years. I have several times been told by old citizens that negroes voted in 1866, in minor elections, by consent of the whites.

[1030] "Diary and Correspondence of S. P. Chase," in the Annual Report of the Amer. Hist. Assn. (1902), Vol. II, p. 517.

[1031] Stephen B. Weeks, in _Polit. Sci. Quarterly_ (1894), Vol. IX, pp. 683-684.

[1032] See Herbert, "Solid South," pp. 29, 30, 37.

[1033] Resolution, Dec. 2, 1865, Acts of Ala. (1865-1866), p. 598.

[1034] Resolution, Jan. 16, 1866, Acts of Ala. (1865-1866), p. 603.

[1035] Resolution, Dec. 15, 1865, Acts of Ala. (1865-1866), p. 604.

[1036] Resolution, Feb. 22, 1866, Acts of Ala. (1865-1866), p. 607; McPherson, p. 22; _Selma Times_, Feb. 27, 1867.

[1037] See _N. Y. Herald_, April 17, 1866 (Alabama correspondence).

[1038] McPherson's scrap-book, "The Campaign of 1866," Vol. I, pp. 84, 122.

[1039] See Burgess, "Reconstruction," pp. 64-67.

[1040] McPherson's scrap-book, "Freedmen's Bureau Bill, 1866," pp. 47, 128.

[1041] The reconstruction laws of Congress were almost invariably referred to as "Bills" even in official documents and military orders.

[1042] McPherson's scrap-book, "Civil Rights Bill, 1866," pp. 136, 151.

[1043] McPherson's scrap-book, "Civil Rights Bill, 1866," p. 135.

[1044] McPherson's scrap-book, "Civil Rights Bill, 1866," p. 110.

[1045] McPherson's scrap-book, "Civil Rights Bill, 1866," p. 120.

[1046] McPherson's scrap-book, "Fourteenth Amendment," pp. 33, 34.

[1047] The cotton tax, for instance.

[1048] Ku Klux Rept., Ala. Test., p. 226.

[1049] _N. Y. Tribune_, Nov. 30, 1866. I have not been able to discover what the name of the paper was, but very likely it was the _Mobile National_.

[1050] McPherson's scrap-book, "Fourteenth Amendment," pp. 39, 55, 56.

[1051] Governor's Message, Nov. 12, 1866, in House Journal (1866-1867), p. 35; _N. Y. Tribune_, Nov. 19, 1866; Annual Cyclopædia (1866), pp. 11, 12.

[1052] House Journal (1866-1867), p. 198.

[1053] McPherson, p. 194; McPherson's scrap-book, "Fourteenth Amendment," p. 55; _N. Y. Times_, Jan. 23, 1867. General Wager Swayne to S. P. Chase, Dec. 10, 1866, wrote, in substance, that--the evident intention of Congress to enforce its own plan makes it seem possible to secure from the Alabama legislature the ratification of the Amendment; that the Senate was ready to ratify in spite of the governor's message against it, and of the certain disapproval of "the people, poor, ignorant, and without mail facilities," but a despatch had been sent to Parsons in the North for advice, and he advised rejection; inspired, it was asserted by the President, the cry was raised, "we can't desert _our_ President," and the measure was lost; but when they return (in January) they will be prepared for either course, and the governor will recommend ratification. "Diary and Correspondence of S. P. Chase," in the Annual Rept. of the Amer. Hist. Assn. (1902), Vol. II, pp. 516-517.

[1054] _N. Y. Times_, Jan. 9, 1867. Patton also went to Washington during the recess.

[1055] Annual Cyclopædia (1866), pp. 11, 12.

[1056] McPherson, pp. 352, 353; McPherson's scrap-book, "Fourteenth Amendment," pp. 60, 66. The telegrams are in the Impeachment Testimony, Vol. I, pp. 271-272. Interview with General Swayne, 1901.

[1057] Annual Cyclopædia (1867), p. 15.

[1058] See McPherson, pp. 118, 240, 241.

[1059] _N. Y. Herald_, July 19, 1866.

[1060] According to his own report. See _Nation_, Feb. 15, 1866. Hart, "American History as told by Contemporaries," Vol. IV, p. 49.

[1061] Report of B. C. Truman, April 9, 1866; Report of Joint Committee, 1866, Pt. III, _passim_; Report of Schurz with accompanying documents; _N. Y. Times_, Sept. 9 and Oct. 3, 1866; _Nation_, Feb. 15, _et passim_; _World_ and _Tribune_; _Herald_ and _Tribune_ correspondent, 1865; _Montgomery Mail and Advertiser_; _Selma Times_; _Tuscaloosa Monitor and Blade_, 1865 to 1875. Of the New York papers the _Nation_ and _Tribune_ were especially violent at first, but changed later. The _Times_ and the _Herald_ had fair correspondents most of the time.

[1062] _N. Y. Daily News_, May 7, 1866 (Montgomery correspondent).

[1063] See _N. Y. Times_, Sept. 9, 1866 (Federal soldier), Oct. 3, 1866 (Ohio man); _N. Y. News_, May 7, 1866 (Montgomery correspondent).

[1064] Lewis E. Parsons (New York), Whig; George S. Houston; A. B. Cooper (New Jersey), Whig; John Forsyth, State Rights Democrat; R. B. Lindsay (Scotch), Douglas Democrat; James W. Taylor, Whig; Benjamin Fitzpatrick, Douglas Democrat.

[1065] Some of them were W. H. Crenshaw (Democrat), who presided,--Crenshaw was then president of the Senate; John G. Shorter (Democrat), war governor of Alabama; H. D. Clayton (Whig), Confederate general; C. C. Langdon (Whig); William S. Mudd (Whig); William Garrett (Whig); M. J. Bulger (Douglas Democrat), Confederate general; C. A. Battle (Democrat), Confederate general; A. Tyson (Whig). See Brewer and Garrett, and _N. Y. Times_, Aug. 3 and 9, 1866.

[1066] McPherson, pp. 240, 241.

[1067] _N. Y. Times_, Aug. 27, 1866. By "Union" party, Parsons evidently meant those who opposed secession.

[1068] The northern business men were on the side of the whites.

[1069] McPherson, p. 124.

[1070] McPherson, p. 242.

[1071] _N. Y. Times_, Sept. 8, 1866.

[1072] Davis was of good middle-class Virginia stock. A Whig in politics, Mrs. Chesnut called him "a social curiosity." In convention of 1861 he voted against immediate secession, threatened resistance among the hills of north Alabama, and ended by signing the ordinance of secession; was chosen to succeed Dr. Fearn in the Confederate Provisional Congress; was appointed lieutenant-colonel of the 19th Alabama Infantry, but declined; commanded a battalion for a while; his "loyalty" consisted in his leaving the Confederate service and returning to Huntsville within the Federal lines. Brewer, p. 365, Garrett, pp. 341, 342; Smith's Debates, _passim_. He soon fell out with the carpet-baggers and "formed a party of one."

[1073] The disposition of some of the north Alabama leaders (even among the Conservatives) to play the childish act was one of the disgusting features of Reconstruction.

[1074] _N. Y. Times_, Jan. 23, 1867. Among those present were: D. C. Humphreys (Douglas Democrat), Confederate officer, who deserted to Federals (he was in the first carpet-bag legislature, and later judge of the Supreme Court of the District of Columbia; see Garrett, p. 364); John B. Callis, agent of the Freedmen's Bureau, Veteran Reserve Corps, member of Congress, 1868; C. C. Sheets, in convention of 1861, refused to sign ordinance of secession and deserted to Federals, a member of Congress, 1868; Thomas M. Peters, Whig, deserted to Federals, later judge of Supreme Court of Alabama (see Brewer, p. 309; Garrett, p. 440); F. W. Sykes, member of legislature during war, soon returned to Conservative party (Brewer, p. 309); J. J. Hinds, afterward a notorious scalawag.

[1075] One new man was S. C. Posey of Lauderdale, who had been in the convention of 1861 and refused to sign the ordinance of secession and was in the legislature during the war. Returned soon to Conservative party. Brewer, p. 299, Garrett, p. 389.

[1076] The Radical party might have done much worse than to send him to the Senate. Warren and Spencer, the senators elected, were far inferior in character and abilities to Swayne. He was too decent a man to suit the Radicals and was soon dropped.

[1077] _N. Y. Herald_, March 6, 1867.

[1078] The proclamation announcing that the rebellion had ended was issued April 2, 1866. McPherson, p. 15.

[1079] Van Horne, Life of Thomas, pp. 153, 399, 400, 408; _Huntsville Advocate_, June 9, 1866 (for copy of order relating to Department of the South that I have not found elsewhere); G. O. No. 1, Mil. Div. Tenn., June 20, 1865; G. O. No. 118, W. Dept., June 27, 1865; G. O. No. 1, Dept. Ala., July 18, 1865; G. O. No. 1, Dist. Ala., June 4, 1866; G. O. No. 1, Dept. Tenn., Aug. 13, 1866; G. O. No. 42, Dept. Tenn., Nov. 1, 1866. The general and special orders cited in this chapter are on file in the War Department at Washington.

[1080] O. R., Ser. I, Vol. XLIX, Pt. II, pp. 505, 560, 727, 826, 854, 971; Report of the Joint Committee on Reconstruction, Pt. III.

[1081] Miller, "Alabama," p. 236; Acts of Ala. (1865-1866), pp. 598, 601.

[1082] That is, the officers had the privileges and authority of officers of a division. G. O. Nos. 1, 9, 17, 29, 54, Dept. Ala., 1865; G. O. No. 1, Mil. Div. Tenn., 1865.

[1083] The "Amnesty Oath." The oath of allegiance had already been administered to all who would take it. See McPherson, "Reconstruction," pp. 9, 10.

[1084] G. O. Nos. 13 and 14, Dept. Ala., 1865.

[1085] G. O. No. 3, Dept. Ala., July 21, 1865. There was complaint about the stealing of cotton by troops.

[1086] G. O. No. 6, Post of Montgomery, May 15, 1865. This order is printed on thin, blue Confederate writing paper, which seems to have been shaped with scissors to the proper size. Supplies had not followed the army.

[1087] G. O. No. 24, Dept. of Ala., Aug. 25, 1865.

[1088] G. O. No. 6, Post of Mobile, in _N. Y. Daily News_, June 27, 1865.

[1089] G. O. No. 48, Dept. Ala., Oct. 18, 1865.

[1090] Statement of General Woods, Sept. 4, 1865, Document No. 11, accompanying the Report of Schurz.

[1091] See statement of Woods, Sept. 4, 1865, Schurz's Report.

[1092] G. O. No. 4, Dept. Ala., Jan. 26, 1866.

[1093] _N. Y. Daily News_, Sept. 7, 1865.

[1094] Statement of Gen. T. K. Smith, Sept. 14, 1865, in Schurz's Report.

[1095] Statement of General Woods, Sept. 4, 1865.

[1096] G. O. No. 5, Sub-dist. Ala., Oct. 13, 1866.

[1097] See Ch. VI, sec. 1.

[1098] G. O. No. 30, Dept. of Ala., Sept. 4, 1865; Statement of General Woods, Sept. 4, 1865, in Schurz's Report.

[1099] See Ch. VI, sec. 1.

[1100] _N. Y. Herald_, Nov. 26 and Dec. 15, 1865.

[1101] Document No. 19, accompanying Schurz's Report.

[1102] G. O. No. 55, Dept. Ala., Oct. 30, 1865.

[1103] G. O. No. 8, Dept. Ala., Feb. 17, 1866.

[1104] G. O. No. 1, Dept. Ala., Jan. 5, 1866.

[1105] G. O. No. 13, Dept. Ala., 1866.

[1106] G. O. No. 17, Dept. Ala., 1866.

[1107] G. O. No. 20, Dept. Ala., 1866.

[1108] G. O. No. 23, Dept. Ala., 1866.

There were other trials, but the records are missing and the names of the parties are unknown. A large number of cases were prosecuted before military commissions convened at the instance of the Freedmen's Bureau.

[1109] For two years after the war the Confederate sympathizers in north Alabama suffered from persecution of this kind. During the war the Confederates in north Alabama had been classed as guerillas by the Federal commanders.

[1110] G. O. No. 29, Mil. Div. Tenn., Sept. 21, 1865; G. O. No. 42, Dept. Ala., Sept. 26, 1865.

[1111] G. O. No. 3, H. Q. A., Jan. 12, 1866; G. O. No. 7, Dept. Ala., Feb. 12, 1866.

[1112] G. O. No. 48, Dept. Ala., Oct. 18, 1865.

[1113] G. O. No. 6, Mil. Div. Tenn., Feb. 21, 1866.

[1114] G. O. No. 25, Mil. Div. Tenn., Sept. 13, 1865.

[1115] G. O. No. 44, H. Q. A., July 6, 1866; G. O. No. 13, Dept. of the South, July 21, 1866.

[1116] Sen. Ex. Doc., No. 26, 39th Cong., 1st Sess.

[1117] P. M. Dox to Governor Parsons, Sen. Ex. Doc., No. 26, 39th Cong., 1st Sess.

[1118] See p. 327.

[1119] _Selma Times_, Feb. 3, 1866.

[1120] There were really three governments in Alabama based on the war powers of the President: (1) the army ruling through its commanders; (2) the Freedmen's Bureau, with its agents; (3) the provisional civil government.

[1121] Circular No. 1, Aug. --, 1865; G. O. No. 21, Dept. Ala., April 9, 1866.

[1122] _De Bow's Review_, 1866. De Bow made a trip through the South. _Nation_, Oct. 5 and 26, 1865; Truman, Report to President, April 9, 1866. See also Grant, Letter to President, Dec. 18, 1865.

[1123] Colonel Herbert says that the relations between the soldiers and the ex-Confederates were very kindly, but the latter hoped the army would soon be removed, when civil government was established. "Solid South," p. 30.

[1124] Miller, "Alabama," p. 242; Resolutions of the Legislature, Jan. 16, 1866.

[1125] Testimony of Swayne, Report Joint Committee, 1866, Pt. III, p. 139; various reports of Swayne as assistant commissioner of Freedmen's Bureau. It was noticeable that when Swayne was placed in command of the army in the state there was less interference and better order than before, though he never obtained the cavalry.

[1126] For instance: In the city of Mobile a petition of some kind might be made out in proper form and given to the commander of the Post of Mobile. The latter would indorse it with his approval or disapproval, and send it to the commander of the District of Mobile, who likewise forwarded it with his indorsement to the commander of the Department of Alabama at Mobile or Montgomery. In important cases the paper had to go on until it reached headquarters in Macon, Nashville, Louisville, Atlanta, or Washington, and it had to return the same way.

The following orders relate to the changes made so often:--

G. O. Nos. 1, 9, 10, 12, 17, 19, 20, 27, Dept. Ala., from July 18 to Sept. 1, 1865; G. O. No. 18, Dept. Ala., March 30, 1866; G. O. No. 1, Dist. Ala., June 1, 1866; G. O. No. 1, Sub-dist. Ala., Oct. --, 1866; G. O. No. 1, Mil. Div. Tenn., June 20, 1865; G. O. Nos. 1 and 42, Dept. of the Tenn., Aug. 13 and Nov. 1, 1866; G. O. No. 1, Dept. of the South, June 1, 1866; G. O. No. 1, Dept. of the Gulf, ----, 1865; G. O. No. 1, Dist. of the Chattahoochee, Aug. --, 1866.

There were numerous general orders from local headquarters of the same nature. See also Van Horne, "Life of Thomas," pp. 153, 399, 400, 418; and Sen. Ex. Doc., No. 13, 38th Cong., 2d Sess.

[1127] G. O. No. 1, Sub-dist. Ala., March 28, 1867.

[1128] Freedmen's Bureau Report, Oct. 20, 1869; Ho. Ex. Doc., No. 143, 41st Cong., 2d Sess.

[1129] Sen. Ex. Doc., No. 28, 38th Cong., 2d Sess.

[1130] Regulations, July 9, 1864.

[1131] Stats.-at-Large, Vol. XIII, pp. 507-509. See also O. O. Howard, "The Freedmen during the War," in the _New Princeton Review_, May and Sept., 1886.

[1132] Ho. Ex. Doc., No. 7, 39th Cong., 2d Sess.

[1133] McPherson, "Reconstruction," pp. 69-74, 147-151, 349, 350, 378; Burgess, "Reconstruction," pp. 87-90.

[1134] _N. Y. Times_, Oct. 31, 1865.

[1135] Circular No. 16, Sept. 19, 1865 (Howard); Circular No. 6, June 13, 1865 (Howard); Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.; Circular No. 1, July 14, 1865 (Conway); Circular No. 2, July 14, 1865 (Conway).

[1136] One of them--Chaplain C. W. Buckley--was guardian of the blacks at Montgomery. He afterwards played a prominent part in carpet-bag politics.

[1137] Ku Klux Rept., p. 441; _N. Y. World_, July 20, 1865; oral accounts and letters. It was on this theory that the Bureau was established, and at the head of the institution was placed General O. O. Howard, who was a soft-hearted, unpractical gentleman, with boundless confidence in the negro and none whatever in the old slave owner. A man of hard common sense like Sherman would have done less harm and probably much good with the Bureau.

[1138] Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.

[1139] Circular No. 5, June 2, 1865 (Howard); Circular No. 2, July 14, 1865 (Conway); Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.

[1140] Freedmen's Bureau Report, Dec., 1865.