Chapter XLV: Appendix: II (6)

[1442] Journal, pp. 42, 55, 82, 100.

[1443] Journal, pp. 47, 48, 54, 83.

[1444] Journal, p. 47.

[1445] Journal, p. 47.

[1446] Journal, p. 45.

[1447] Journal, p. 53.

[1448] _Selma Messenger_, Dec. 22, 1867.

[1449] Journal, pp. 84, 85.

[1450] _N. Y. World_, Nov. 20 and Dec. 6 and 14, 1867.

[1451] Annual Cyclopædia (1867), p. 33.

[1452] Code of Alabama, 1876, p. 113. Griffin said that the oath required the voter never to favor a change in the new constitution so far as the suffrage was concerned; that "it was the determination of the committee to forever fasten this constitution on the people of Alabama. He wanted to tie the hands of rebels, so that complete political equality should be secured to the negro." Annual Cyclopædia (1867), p. 32.

[1453] This was aimed at the Confederate soldiers of north Alabama, who had imprisoned and in some cases hanged the tories and outlaws of that section.

[1454] Code of Alabama, 1876; Constitution of 1868, Article VII.

[1455] Annual Cyclopædia (1867), pp. 34, 35; Journal, pp. 186, 187.

[1456] Journal, pp. 257-262; _N. Y. World_, Nov. 20, 1867.

[1457] Journal, pp. 265-269.

[1458] Journal, pp. 255, 571.

[1459] Journal, pp. 271, 272, 273; _N. Y. World_, Nov. 11, 1867.

[1460] Journal, pp. 272, 273.

[1461] Journal, p. 63. The whites had for more than two years been asking for the repeal of this unjust tax, but they were not heeded. As soon as the negroes demanded its repeal, it was repealed. That was certainly one advantage they received from the possession of political rights. One petition from the negroes asked that the tax be repealed because, in many instances, it was greater than the value of the land. If this was not done, they wanted the land taken from the owners and worked in common. _N. Y. Herald_, Nov. 13, 1867.

[1462] Journal, p. 244.

[1463] Journal, pp. 266, 267.

[1464] Journal, p. 240; Meade, Speed, Semple, Cabot, Graves, J. L. Alexander, Ewing, Latham, and Hurst.

[1465] Journal, p. 242; J. P. Stow of (?).

[1466] Address of Protesting Delegates to the People of Alabama, Dec. 10, 1867.

[1467] Journal, p. 243.

[1468] The Codes of Alabama for 1876 and 1896 do not recognize the validity of the constitution of 1868. It is listed as the "Constitution (so-called) of the State of Alabama, 1868." The president of the convention of 1875 said, "What is called the present constitution of the state of Alabama is a piece of unseemly mosaic, composed of shreds and patches gathered here and there, incongruous in design, inharmonious in action, discriminating and oppressive in the burdens it imposes, reckless in the license it confers on unjust and wicked legislation, and utterly lacking in every element to inspire popular confidence and the reverence and affection of the people." Journal, 1875, p. 5.

[1469] Ely, a delegate from Russell, was a candidate in Montgomery; Brainard, a delegate from Monroe, was a candidate in Montgomery; R. M. Johnson, a delegate from Henry, was also a candidate in Montgomery. These men, however, lived in Montgomery and had never seen the counties they represented.

[1470] _Selma Messenger_, Jan. 10, 1868.

[1471] Herbert, "Solid South," p. 47; _N. Y. World_, Feb. 5, 1868.

[1472] _N. Y. World_, Feb. 13 and 22, 1868; _Selma Times and Messenger_, Feb. 28, 1868; _Cong. Globe_, March 11, 1868; Herbert, "Solid South"; Beverly, "Alabama"; Owen, p. 125.

The above list is not complete, as there were undoubtedly other candidates among those who did not sign the constitution, since a number of them fell into line later. The starred names are those of candidates who were also registrars, and who not only conducted their own elections for the convention, but also for office under the new constitution. Three members of the majority who signed the report were not eligible for office when the election came off, two being in jail,--one for stealing and the other for fraud,--while a third "had been betrayed into an act of virtue by dying." _N. Y. World_, Feb. 13, 1868.

[1473] After the election, Governor Patton, who at first had supported Reconstruction, issued an address complaining that nearly all the candidates voted for were strangers to the people; that many were ignorant negroes, and that in one county all the commissioners-elect were negroes who were unable to read; that unlicensed lawyers, wholly uneducated, were chosen for state solicitors; that the strangers were too often of bad character; and that the Radical party consisted almost entirely of negroes, the native whites having forsaken the party as soon as the negroes fell under the control of the imported Radicals who ran the machine. _N. Y. Times_, April 23, 1868.

[1474] Herbert, p. 47.

[1475] _Montgomery Mail_, July 25, 1868; _N. Y. World_, Sept. 22, 1868.

[1476] The Radical papers in Alabama were supported almost entirely by campaign funds and by appropriations from the government for printing the session laws of the United States. They styled themselves the "Official Journals of the United States Government." When one offended and the Washington patronage was withdrawn, it always collapsed. In 1867 the reconstructionist papers in the state were _Alabama State Sentinel_, _The Nationalist_, _Elmore Standard_, _East Alabama Monitor_, _Alabama Republican_, _The Tallapoosian_, _The Reconstructionist_, _Huntsville Advocate_, _Moulton Union_, _Livingston Messenger_. See Journal Convention of 1867, p. 242. The circulation of each paper was small and almost entirely among the negroes. Special campaign editions were printed and scattered broadcast. The constitution was printed in all of the above-named papers, and also in a Washington paper which was franked by the thousands from Congressmen through the Union League as a campaign document. _N. Y. World_, Feb. 22, 1868.

[1477] See, for example, _The Nationalist_, Feb. 4, 1868 (editorial). On Jan. 16, 1868, an "Address to the Laboring Men of Alabama" stated in part, "If you fail to vote and the constitution fails to be ratified, your right to vote hereafter closes and all participation on your part in the administration of the laws of the state is at an end." _Montgomery Mail_, Jan., 1868.

[1478] _Selma Messenger_, Jan. 24, 1868.

[1479] _Cong. Globe_, March 28, 1868, p. 2195.

[1480] Not yet called Democrats, but sometimes "Democratic and Conservative."

[1481] Popular accounts say thousands, but not as many went this time as later, in the early 70's.

[1482] Herbert, p. 46, and Journal Convention of 1867.

[1483] _Cong. Globe_, March 12, 1868, p. 1824.

[1484] _Selma Messenger_, Dec. 20, 1867.

[1485] _Selma Messenger_, Dec. 22, 1867.

[1486] Both later became Radicals.

[1487] _Tuskegee News_, Oct. 1, 1874.

[1488] _N. Y. Times_, Jan. 14, 1898; _Montgomery Mail_, Jan. 17, 1868; Herbert, p. 48; Annual Cyclopædia (1868), p. 15.

[1489] Thirty-five white counties with a population of 393,441--282,282 whites and 111,159 blacks--had 135 representatives, or one representative to 11,241 of the population. Twenty-four black counties with a population of 580,717--252,407 whites and 328,300 blacks--had 65 representatives, or one to 8933. Three small white counties were not represented, but had to vote with others.; _Selma Times and Messenger_, March 10, 1868; _Cong. Globe_, 1867-1868, pp. 2197, 2198.

[1490] Variously estimated at from 10,000 to 40,000.

[1491] _Selma Times and Messenger_, March 10, 1868. The minority report, March 17, 1868, of Beck of Kentucky and Brooks of New York, on the admission of Alabama, sums up the Conservative objections to the constitution. See _Cong. Globe_, March 17, 1868, p. 1937.

[1492] Annual Cyclopædia (1868), p. 15; _N. Y. Times_, Jan. 24, 1865; _Selma Times and Messenger_, March 10, 1868.

[1493] _Tribune_ Almanac, 1868. Pope reported 164,800; Meline, 165,000.

[1494] _Tribune_ Almanac, 1868. The methods of the registrars may be imagined, since Meade had more than 15,000 names of negroes struck from the lists.

[1495] It is impossible to obtain exact figures of the registration; no one ever knew exactly what they were, and accounts never agree. Meade's estimate was 170,734, Report, 1868. Another estimate was 170,000, _Cong. Globe_, March 17, 1868, p. 1904; and still another 171,378, Alabama Manual and Statistical Register, p. xxiii. It is evident that the registration was about 170,000.

[1496] In 1867 the vote on holding a convention had been more than a majority of registered voters.

[1497] Report of Meade, 1868, published in Atlanta.

[1498] For instance, William H. Smith, candidate for governor.

[1499] _The Nationalist_, Aug. 24, 1868; _Mobile Register_, Feb. 6, 1868; Report of Meade, 1868.

[1500] Report of Meade, 1868.

[1501] _Montgomery Mail_, Feb. 4, 5, 12, and 19, 1868; _N. Y. World_, March 14, 1868; _Cong. Globe_, March 17, 1868, p. 1937; _Mobile Register_, Feb. 6, 1868; _Selma Times and Messenger_, Feb. 29, 1868.

[1502] _Selma Times and Messenger_, Feb. 29, 1868.

[1503] A political adviser at the polls.

[1504] The Conservatives had challenged such voters several times and Johnson sent the following order:--

"AT OFFICE, MOBILE, Feb. 5, 1868.

"The Judges of the Election at the Mississippi Hotel will receive all ballots endorsed by the voter and my signature. The certificate of voters is in my possession.

"Respectfully,
"D. G. JOHNSON,
"Registrar District No. 1."

--_Mobile Register_, Feb. 6, 1868.

[1505] _Cong. Globe_, March 17, 1868, p. 1937; Ho. Ex. Doc., No. 303, 40th Cong., 2d Sess.; _N. Y. World_, March 14, 1868.

[1506] In Henry County the registrars had all forsaken the party and resigned. On the last day the United States troops opened the polls and 29 people voted. _Abbeville Register_, Feb. 16, 1868. In Dale County it was much the same way. After a careful search one John Metcalf of Skipperville was found to make complaint on behalf of the reconstructionists. It was a sad story: "We had," he said, "depended on Mr. Deal, the delegate to the convention, to bring the registration books, 'but he fused with the destructive party' and we couldn't register. On the fourth day an election was held anyway, but the Conservatives would not let us hold it on the fifth. It was the almost united wish of the voters of the county to adopt the constitution. There are about 150 in the county that are opposed to it, and they united on the fifth and broke us up. We would have polled 1400 to 1500 votes for the constitution." Ho. Mic. Doc., No. 111, 40th Cong., 2d Sess.

[1507] In Montgomery 41 whites of 4200 voted. Of these 15 were carpet-baggers and nearly all were candidates for office. The _Montgomery Mail_ of Feb. 11 printed the entire list, with sarcastic comments on their past history and present aspirations. The list was headed, _Our White Black List, The Roll of Dishonor_. See _Cong. Globe_, March 11, 1868, p. 1827.

[1508] The storm played a very effective part in the debates in Congress later. Moving tales were told of negroes swimming the swollen streams in order to get to the polls. One instance was given where, in swimming the Alabama River, which was beyond its banks and floating with ice, a negro was drowned. _Cong. Globe_, 1867-1868, p. 2865. The river at this point when out of its banks is not less than a mile wide, and there was never any ice in it since the glacial epoch.

[1509] The Conservatives claimed that the Lowndes county box was stolen by the Radicals themselves as soon as they saw the constitution had failed of ratification, in order to give point to charges of fraud. In the same way the returns from Baine, Colbert, and Jones counties were so tampered with by the Radical election officials that the military canvassers were obliged to reject them. _Montgomery Mail_, Feb. 12, 1868; _Cong. Globe_, 1867-1868, p. 2139.

[1510] _The Nationalist_, Feb. 13 and 20, and Aug. 24, 1868; _N. Y. World_, March 14, 1868; _Selma Times and Messenger_, Feb. 28, 1868; _Cong. Globe_, March 11, 1868, pp. 1818, 1823. This is a statement signed by Griffin of Ohio, Keffer of Pennsylvania, Burton of Massachusetts, Hardy and Spencer of Ohio, and indorsed by Joshua Morse, who signed himself as "disfranchised rebel."

[1511] Report of Meade, 1868. Meade made this report to Grant at the time, and at the end of the year he made practically the same, though perhaps a little stronger. The _Nationalist_ (Albert Griffin of Ohio, editor) said, April 9, 1868, that the statements of Meade, the "military saphead," were "false in letter and false in spirit."

[1512] Ho. Mis. Doc., No. 111, 40th Cong., 2d Sess. The whites were complaining loudly because of the scarcity of labor, and few would discharge a negro laborer, no matter how often he might vote the Radical ticket. General Hayden sent a list of eighteen questions in regard to the election to every election official. They covered every possible point, and full answers were required. One of the questions was in regard to the proportion of white voters. A summary of the answers is here given: 1. _Elmore County._ Intimidation and threats of discharge; of the 1000 to 1200 whites who registered, from 12 to 15 voted. 2. _Autauga._ No intimidation, but threats of discharge; of the 900 whites registered, 200 voted. 3. _Chambers._ Fair election, with 23 white voters of the 1400 registered. 4. _Russell._ Threats of discharge; one-thirty-sixth of the whites voted. 5. _Tallapoosa._ "Persuasion and arguments" deterred the blacks from voting; 20 whites voted of the 1500 who registered. 6. _Coosa._ Two discharges; one-third of the whites voted. 7. _Montgomery._ "Ostracism," and two discharges; 41 whites voted of the 4200 who registered. 8. _Macon._ Fair election and 4 whites voted of the 800 registered. 9. _Lee._ One discharge and threats; 30 or 40 whites voted of 1500 registered. 10. _Randolph._ Fair election. 11. _Clay._ Threats of ostracism and one discharge. 12. _Crenshaw._ Two discharges. 13. _Lowndes._ Three threats of discharge; "too much challenging;" 10 whites voted of 850 registered. 14. _Barbour._ Four threats of discharge; "whites afraid of social proscription." 15. _Bullock._ "Needless questions" to voters, and three threats of discharge; no whites voted. 16. _Pike._ One threat of discharge; one-fourth of the whites voted. 17. _Butler._ Eight threats; 3 whites of 1400 voted. 18. _Covington._ "Threats;" 225 whites voted of the 900. 19. _Coffee._ "Threats" and "proscription." 20-21. _Dale_ and _Henry_. No election; no registrars; none would serve. In Dale County were a number of "outrageous acts committed by a Mr. Oats." 22-27. _Mobile_, _Washington_, _Baldwin_, _Clarke_, _Monroe_, and _Conecuh_. "Threats and social ostracism;" 125 of 3750 whites voted. 28. _Walker._ Fair election; one negro driven away; "more whites voted than were expected." 29-30. _Winston_ and _Jackson_. More whites voted than were expected; one threat in Jackson. 31-32. _Madison_ and _Lauderdale_. Fair elections; in Lauderdale 150 of 1500 whites voted. 33. _Lawrence._ "Persuasion;" 311 of 1400 whites voted. 34-35. _Colbert_ and _Franklin_. Twenty-five per cent of the whites voted; 75 per cent "were opposed to article 7, paragraph 4, of constitution." 36-38. _Limestone_, _Morgan_, and _Cherokee_. Fair elections; few whites voted. 39. _Marshall._ "Threats"; one-third of the whites voted. 40. _De Kalb._ Fair; 650 of the 900 whites. 41. _Baine._ "Handbills advised people not to vote;" only one-fifth voted. 42. _Blount._ One threat; "persuasion;" one-fourth of the whites voted. 43. _St. Clair._ Threats; one-third of the whites voted. 44-45. _Marion_ and _Jones_. Fair; two-sevenths of the whites voted. 46. _Fayette._ Speeches published against the constitution, three drunken men threatened the managers at one box; liquor given to negroes to "vote against their intentions," all of which "prevented full and free expression of opinion by ballot"; two-sevenths of the whites voted. 47. _Shelby._ Fair; one-fourth of the whites voted. 48. _Talladega._ Fair, though threats were heard; three-tenths of the whites voted. 49. _Perry._ Fair; 24 of the 1066 whites voted. 50. _Bibb._ Fair; 167 of the 1021 whites. 51. _Dallas._ Fair; 78 whites voted; others suffered from "want of independence." 52. _Wilcox._ Ten threats; 12 whites of 800. 53. _Tuscaloosa._ One threat; one-fifth of the whites voted. 54. _Pickens._ "Threats too numerous to mention;" 60 to 70 of the 1100 whites voted. 55. _Jefferson._ Fair; one-fifth of the whites voted. 56. _Sumter._ Threats against blacks; whites to be ostracized. 57. _Greene._ Threats, though the "Union Men" were afraid to tell who threatened them; 446 ballots had "Constitution" torn off. 58. _Marengo._ Voters were refused at one box because the names were not on the list, though the parties were willing to swear they had been registered. Threats and speeches were made at the polls and one man made 16 discharges; 16 whites of the 997 voted. 59-62. No reports from _Choctaw_, _Calhoun_, _Cleburne_, and _Hale_.

Nearly all officials reported quiet elections; the assertions about threats were almost invariably hearsay. Even the few specific instances were based on hearsay. The worst complaint was that Conservatives sometimes attended and challenged the votes of certain negroes, and made speeches or used persuasion to induce the negroes not to vote. Much importance was attached to the ridicule and jeers of the white leaders. These reports were made by the election officials, who were thoroughgoing reconstructionists. General Meade denied the charges of fraud and intimidation.

It will be noticed that the heaviest white vote was cast in the counties where there were few negroes, and where the Peace Society had been strongest during the war. If the estimates given above by the registrars were correct, it is doubtful if 5000 whites voted in the election, as was asserted. The judges were supposed to mark "C" on the ballot of a negro and "W" on that of a white. Ho. Mis. Doc., No. 111, 40th Cong., 2d Sess.; Ho. Ex. Doc., No. 303, 40th Cong., 2d Sess.; Report of Meade, 1868; _Montgomery Mail_, Feb. 19, 1868; _N. Y. World_, March 14, 1868.

[1513] Strobach, the Austrian, went so far off in the Northwest that after the state was admitted he could not return to the special session of the legislature. He drew his pay, however, the Speaker certifying that he was present. _N. Y. World_, Oct. 8, 1868; _Montgomery Mail_, April 14, 1869; _Nationalist_, Feb. 18, 1868.

[1514] In _North Alabamian_, 1868.

[1515] He had evidently not seen Meade's report.

[1516] Dustan had been a candidate for major-general of militia.

[1517] Annual Cyclopædia (1868), p. 16.

[1518] _Globe_, Feb. 17, 1868, p. 1217.

[1519] _Cong. Globe_, March 10, 11, and 17, 1868, pp. 1790, 1818, 1821, 1823, 1824, 1825, 1827, 1934, 1935, 1937, 1938.

[1520] Both statements were incorrect.

[1521] _Globe_, March 18 and 26, 1868, pp. 1972, 2138, 2139, 2140.

[1522] McPherson, "Reconstruction," p. 337; _Globe_, March 28, 1868, pp. 2193, 2216.

[1523] _Globe_, March 28, 1868, pp. 2203, 2209, 2214.

[1524] April 23, 1868.

[1525] _Nationalist_, April 9, 1868.

[1526] _Independent Monitor_, April 21, 1868.

[1527] Yordy, a carpet-bag Bureau agent, registrar, and senator-elect from Sumter County, was turned out of a hotel at Eutaw and told to go to the negro inn. _Tuscaloosa Independent Monitor_, Sept. 1, 1868.

[1528] _Globe_, March 28, 1868, p. 2140. Claus and Wilson were two carpet-baggers of Tuscaloosa.

[1529] Annual Cyclopædia (1868), p. 16; _Cong. Globe_, March 11, 1868, p. 1825.

[1530] _Globe_, May 11, 1868, p. 2412.

[1531] _Cong. Globe_, June 5 and 6, 1868, pp. 2858, 2865, 2867, 2900, 2964; McPherson, "Reconstruction," p. 340; Foulke, "Life of Morton," Vol. II, p. 47.

[1532] _Globe_, June 9 and 10, 1868, pp. 2965, 3017.

[1533] _Globe_, June 12, 1868, pp. 3089, 3090, 3097.

[1534] _Globe_, June 25, 1868, p. 3484.

[1535] _Globe_, June 25, 1868, pp. 3466, 3484; McPherson, p. 338.

[1536] McPherson, p. 337. The present constitution of the state, adopted in 1901, nullifies this fundamental condition. Other southern states have also disregarded this limitation.

[1537] McPherson, p. 338.

[1538] G. O. No. 101, July 14, 1868.

[1539] Warner, who was said to have gone to his own state--Ohio--and run for office, now returned.

[1540] The credentials were signed by E. W. Peck, president of the convention of 1867, who certified to their election. _Globe_, July 24, 1868, p. 4294.

[1541] _Globe_, July 17, 18, 21, and 25, 1868, pp. 4173, 4213, 4293, 4295, 4459, 4466.

[1542] President Jay's Address, March 26, 1868; Bellows, "History Union League Club of New York," pp. 6-9; "Chronicle of Philadelphia Union League," pp. 5-8.

[1543] "Chronicle of Philadelphia Union League," pp. 5-8; Bellows, "Union League Club," p. 9.

[1544] First Annual Report of Board of Directors of Union League of Philadelphia; Bellows, pp. 9, 32; "Chronicle of Philadelphia Union League," pp. 70, 112.

[1545] See Bellows, "History Union League Club."

[1546] Bellows, p. 90.

[1547] There were 144 different pamphlets published by the Philadelphia League and 44 posters; 56,380 pamphlets were issued in 1865; 867,000 pamphlets were issued in 1866; 31,906 pamphlets were issued in 1867; 1,416,906 pamphlets were issued in 1868; 4,500,000 pamphlets were issued in eight years. "Chronicle of Philadelphia Union League," pp. 106, 107, 145.

[1548] "Chronicle of Philadelphia Union League," p. 169; Bellows, pp. 90, 99, 100, 102; Reports of the Executive Committee, Union League Club of N. Y., 1865-1866; _Century Magazine_, Vol. VI, pp. 404, 949; oral accounts.

[1549] I am especially indebted to Professor L. D. Miller, Jacksonville, Ala., for many details concerning the Loyal Leagues. He made inquiries for me of people who knew the facts. I have also had other oral accounts. See also Ku Klux Rept., Ala. Test. (Pierce), p. 305; (Lowe), p. 894; (Forney), p. 487.

[1550] Ku Klux Rept., Ala. Test. (Sayre), p. 357; (Governor Lindsay), p. 170; (Nicholas Davis), p. 783; (Richardson), pp. 815, 855; (Ford), p. 684; (Lowe), p. 892; (Forney), p. 487; Miller, "Alabama," p. 246; Herbert, "Solid South," pp. 36, 41; also oral accounts.

[1551] There is a copy of the charter of a local council in the Alabama Testimony of the Ku Klux Report, p. 1017. The Montgomery Council was organized June 2, 1866, and three days later General Swayne, of the Freedmen's Bureau, joined it. It was charged that even thus early he was desirous of representing Alabama in the Senate. Herbert, pp. 41-43.

[1552] _N. Y. Herald_, Aug. 5, 1867.

[1553] Ku Klux Rept., Ala. Test. (Lowe), p. 872; (English), pp. 1437, 1438; (Lindsay), p. 170; _N. Y. Herald_, Aug. 5, 1869, and June 20, 1867; Professor Miller's account; oral accounts.

[1554] In Sumter County a northern teacher of a negro school informed a planter that the Leaguers were sworn to defend one another, and that he, the planter, would be punished for striking a Leaguer whom he had caught stealing and had thrashed. _Selma Times and Messenger_, July 21, 1868.

[1555] The Montgomery Council, May 22, 1867, resolved "That the Union League is the right arm of the Union Republican party of the United States, and that no man should be initiated into the League who does not heartily indorse the principles and policy of the Union Republican party." Herbert, "Solid South," p. 41. A Confederate could not be admitted to the League unless he would acknowledge that during the war he had been guilty of treason.

[1556] Alcohol on salt burns with a peculiar flame, making the faces of those around, especially the negroes, appear ghostly.

[1557] A copy of the constitution and ritual was secured by the whites and published in the _Montgomery Advertiser_, July 24, 1867; printed also in Fleming, "Documents relating to Reconstruction," No. 3.

[1558] The Montgomery Council was composed of white Radicals, and the Lincoln Council in the same city was for blacks. Most of the officers of the latter were whites. Herbert, p. 41.

[1559] This fact will partly explain why there were burnings of negro churches and schoolhouses by the Ku Klux Klan. These were political headquarters of the Radical party in each community.

[1560] See Miller, "Alabama," pp. 246, 247; Lester and Wilson, "Ku Klux Klan," pp. 45, 46.

[1561] Ku Klux Rept., Ala. Test. (Lindsay), pp. 170, 179; (Nicholas Davis), p. 783; (Richardson), pp. 839, 355; (Lowe), pp. 872, 886, 907; (Pettus), p. 384; (Walker), pp. 962, 975.

[1562] Thaddeus Stevens's speech on confiscation, through the Loyal League, had a wide circulation in Alabama. Agents were sent to the state to organize new councils and to secure the benefits of the proposed confiscation; free farms were promised the negroes. _N. Y. Herald_, June 20, 1867. Many whites now believed that wholesale confiscation would take place.

[1563] Ku Klux Rept., Ala. Test. (Sanders), pp. 1803, 1811; (Dox), p. 432; (Herr), pp. 1662, 1663.

[1564] Ku Klux Rept., Ala. Test. (Lowe), pp. 886, 887, 894, 997; (Davis), p. 783; (Cobbs), p. 1637; (Pettus), p. 6393.

[1565] Ku Klux Rept., Ala. Test. (Ford), p. 684; (Herr), p. 1665; (Pettus), p. 381; (Jolly), pp. 283, 291; (Sayre), p. 357; (Pierce), p. 313; _N. Y. Herald_, Dec. 4, 1867, Oct. 2, 1868; Herbert, "Solid South," p. 45. One Wash Austin, a Democratic negro, was attacked by a mob, pursued, and when he reached home his wife called him "a damned Conservative," struck him on the head with a brick, and then left him. Norris V. Hanley, in Ho. Mis. Doc., No. 15, 41st Cong., 2d Sess.

[1566] _N. Y. Herald_, Oct. 13 and Nov. 11, 1867, Eufaula correspondence; Ku Klux Rept., Ala. Test. (Sanders), p. 1812; (Pettus), p. 381; (Herr), p. 1663; (Pierce), p. 313; (Sayre), p. 357; Harris, "Political Conflict in America," p. 479.

[1567] A notice posted on the door of a citizen of Dallas County was to this effect, "Irvin Hauser is the damnedest rascal in the neighborhood, and if he and three or four others don't mind they will get a ball in them." _Selma Times and Messenger_, April 21, 1868; oral accounts; see also Brown, "Lower South," Ch. IV; Herbert, pp. 3, 8.

[1568] _The Macon Telegraph_, March 12, 1905.

[1569] _N. Y. Herald_, Dec. 5 and 22, 1867; _Montgomery Advertiser_, Dec. 4, 1867 (J. M. Chappell).

[1570] Ku Klux Rept., Ala. Test. (Lyon), pp. 1422, 1423; (Abrahams), pp. 1382, 1384.

[1571] See Ku Klux Rept., Ala. Test. (Alston), p. 1017; (Herr), p. 1665; (Sayre), p. 357; (Pierce), p. 313.

[1572] _Selma Messenger_, July 19, 1867; see Fleming, "Documents relating to Reconstruction," No. 3.

[1573] It is certain that the estimate of 18,000 white and 70,000 black members at the same time is not correct. As the latter increased in numbers the former decreased. Early in 1867 Keffer said there were 38,000 whites and 12,000 blacks in the League. _N. Y. Herald_, May 7, 1867. Perhaps he meant the total enrolment early in the year. In 1868 he claimed 20,000 whites, about 17,000 too many.

[1574] Lester and Wilson, "Ku Klux Klan," p. 47; also Ku Klux Rept., Ala. Test., _passim_.

[1575] _Montgomery Mail_, Aug. 20, 1870.

[1576] In the Ku Klux Rept., Ala. Test., the Conservative and sometimes the Radical witnesses assert that the Ku Klux movement was caused partly by the workings of the Union League.

[1577] Senate Journal, 1875-1876, p. 214.

[1578] Ku Klux Rept., p. 171.

[1579] Ku Klux Rept., p. 318.

[1580] Auditor's Report, 1902, p. 19.

[1581] Ku Klux Rept., p. 170; Census of 1860. The assessed valuation of property increased 117% from 1850 to 1860. The comptroller's report of Nov. 12, 1858, states that the slave property of the state at that time paid nearly half the taxes. This was true of all ordinary taxes to 1865. See Senate Journal, 1866-1867, p. 291.

[1582] Journal Convention of 1867, p. 125; Patton's Report to the Convention, Nov. 11, 1867.

[1583]

Cotton crop, 1860 842,729 bales
Cotton crop, 1865 75,305 bales
Cotton crop, 1866 429,102 bales
Cotton crop, 1867 239,516 bales
Cotton crop, 1868 366,193 bales

Most of the war crop was confiscated by the United States. The crops of 1866-1868 show the effects of politics among the negro laborers rather than unfavorable seasons. Hodgson, "Alabama Manual and Statistical Register," 1869.

[1584] The exemption laws were so framed as to release the average negroes from paying tax, and also the class of whites that supported the Radical policy. The following list will show the incidence of taxation for 1870:--

=======================================================
| VALUE | TAX
------------------------|-----------------|------------
Lands | $81,109,102.03 | $607,979.52
Town property | 36,005,780.50 | 268,865.89
Cattle | 1,180,106.00 | 8,851.36
Mules | 4,845,736.00 | 36,042.68
Horses | 2,214,376.00 | 16,599.83
Sheep and goats | 111,001.00 | 832.50
Hogs | 277,735.50 | 2,083.02
Wagons, carriages, etc. | 131,235.00 | 8,480.81
Tools | 237,534.50 | 1,769.96
Farming implements | 235,600.00 | 1,744.71
Household furniture | 1,691,807.00 | 12,731.98
Cotton presses | 41,360.00 | 310.30
=======================================================

Besides these items, heavy taxes were laid on the following: wharves, toll bridges, ferries, steamboats, and all water craft, stocks of goods, libraries, jewellery, plate and silverware, musical instruments, pistols, guns, jacks and jennies, race-horses, watches, money in and out of the state, money loaned, credits, commercial paper, capital in incorporated companies in or out of the state, bonds except of United States and Alabama, incomes and gains over $1000, banks, poll tax, insurance companies, auction sales, lotteries, warehouses, distilleries, brokers, factors, express and telegraph companies, etc. See Ku Klux Report and Auditor's Report, 1871.

[1585] Revenue Laws of Ala., 1865-1870; Report of the Debt Commission, Jan. 24, 1876; Governor Lindsay's Message, Nov. 21, 1871; Ku Klux Rept., Ala. Test., pp. 227, 340, 976, 1056, 1504.

[1586] See Acts of Ala., 1868-1874, _passim_.

[1587] Ku Klux Rept., Ala. Test., pp. 240, 360.

[1588] Ala. Test., pp. 1303, 1304.

[1589] Ala. Test., pp. 461, 963, 964.

[1590] Taxes are paid on $307,312,000, slaves included; see Census of 1860; Census of 1870; Ku Klux Rept., pp. 170, 171, 175, 317, 318.

[1591] Includes receipts and disbursements in Confederate money.

[1592] License taxes only.

[1593] License taxes, bond issues, and temporary loans.

[1594] Interest paid on the public debt with bond issues included, and expenses of the convention of 1867. The actual expenses of the state administration were $262,627.47.

[1595] The first figures for 1868 include the receipts from taxes and the expenditures for state purposes only; the other figures include the proceeds from sale of bonds used for state purposes. The Radicals always gave the first set of figures, and the Democrats the second.

[1596] $620,000 should be added for the sale of bonds and state obligations.

[1597] Issue of bonds to railroads included.

[1598] Includes interest paid on railroad bonds.

[1599] Currency had depreciated. Many claims went unpaid. The "home debt" amounted to $823,454.64. The actual state expenses were $1,384,044.46.

[1600] State expenses only. Democrats in power. See Auditor's Reports, 1869-1873, 1900; Ku Klux Rept., pp. 170, 174, 176, 1055, 1057; Report of the Debt Commission, 1876; Journal Convention of 1867, p. 125.

[1601] Ku Klux Rept., pp. 170, 174, 176; Auditor's Reports, 1869-1870; Reports of the Alabama Debt Commission.

[1602] Report of Governor Patton to the Convention, Nov. 11, 1867; Journal Convention of 1867, p. 125.

[1603] See _Tuskegee News_, June 3, 1875; Auditor's Reports, 1868-1874.

[1604] The average legislator in 1872-1873 was paid $904.00 and mileage. The Senate had 33 members and 44 attending officers, clerks, and secretaries; the lower house, with a membership of 100, had from 77 to 84 attending officials. Besides these there were dozens of pages, doorkeepers, firemen, assistants, etc. In 1869 there were 105 regular capitol servants who received $31,900 in wages. Auditor's Report, 1869-1873; _Montgomery Mail_, Dec. 31, 1870. There were about 10 in 1900.

[1605] Journal of the "Capitol" Senate, 1872, p. 19-34; in Senate Journal, 1873.

[1606] The older and abler men were disfranchised.

[1607] _Montgomery Mail_, Sept. 22, 1872.

[1608] Auditor's Reports, 1869-1873.

[1609] The purpose of the act was to liberate negro prisoners and save money for the officials to spend in other ways.

[1610] These items are taken from the accounts of Lewis's administration.

[1611] The Investigating Committee remarked that had he chartered a parlor car and paid hotel bills at the rate of $10 a day, he would have been unable to spend $800 on that trip.

[1612] See Ch. XXIV.

[1613] Report of the Committee to Investigate the Contingent Fund, 1875; Senate Journal, 1874-1875, pp. 581-607.

[1614] Caffey, "The Annexation of West Florida to Alabama," p. 10; Senate Journal, 1869-1870, pp. 234-244.

[1615] Report of the Committee to examine the Offices of Auditor and Treasurer, 1875; Report of the Debt Commission, 1875, 1876.

[1616] See Edwin DeLeon, "Ruin and Reconstruction of the Southern States," in the _Southern Magazine_, Jan., 1874.

[1617] Ala. Test., p. 1409.

[1618] _State Journal_, April 19, 1874.

[1619] Ala. Test., p. 1409. The Radical newspapers that had the public printing made money from the tax sale notices by dividing each lot into sixteenths of a section, advertising each, and charging for each division. The author of the tax sale law was Pierce Burton, a Radical editor.

[1620] _Scribner's Monthly_, Aug., 1874; King, "The Great South."

[1621] _Southern Argus_, Jan. 17 and Feb. 8, 1872; _Scribner's Monthly_, Aug., 1874; Herbert, "Solid South," pp. 64, 67. Colonel Herbert believes that during the six years of Reconstruction the state gained practically nothing by immigration, while it lost more by emigration than it had by the Civil War.

[1622] Auditor's Reports, 1869-1873; Comptroller's Reports, 1861-1865, 1866; Patton's Report, 1867, to the Convention; Journal Convention of 1867, pp. 46, 123; Ku Klux Rept., pp. 169, 317, 1055.

[1623] The following is a partial list compiled from the session laws:--

ISSUES OF COUNTY BONDS

1868. Walker County $14,000.00
1868. Dallas County 50,000.00
1868. Bullock County 40,000.00
1868. Limestone County 100,000.00
1869. Hale County 60,000.00
1869. Greene County 80,000.00
1869. Pickens County 100,000.00
1870. Baldwin County 5,000.00
1870. Bibb County 5,000.00
1870. Choctaw County (?) unlimited
1870. Crenshaw County 10,000.00
1872. Pickens County 30,000.00
1873. Butler County 12,000.00
1873. Jefferson County 50,000.00
1873. Montgomery County 130,000.00
1873. Madison County 130,000.00
(?) Dallas County 140,000.00
(?) Chambers County 150,000.00
(?) Lee County 275,000.00
(?) Randolph County 100,000.00
(?) Barbour County (?)
(?) Tallapoosa County 125,000.00

ISSUES OF TOWN AND CITY BONDS

1868. Troy $75,000.00
1869. Eutaw 20,000.00
1869. Greensboro 15,000.00
1871. Mobile 1,400,000.00
1871. Selma 5 00,000.00
1872. Prattville 50,000.00
1873. Mobile 200,000.00
Opelika 25,000.00

And in addition each county and town had a large floating debt in "scrip" or local obligations. Speculators gathered up such obligations and sold them at reduced prices to those who had local taxes, fines, and licenses to pay.

[1624] Auditor's Reports, 1871-1872; Report of Committee on Public Debt, 1876; McClure, "The South: Industrial, Financial, and Political Condition," p. 83.

[1625] Report of the Committee on Public Debt, 1876; Senate Journal, 1872-1873, p. 544; Auditor's Report, 1873.

[1626] Senate Journal, 1875-1876, pp. 212, 213; Report of the Committee on the Public Debt, 1876. In his book Clews tells how he invested in the securities of the struggling southern states, being desirous of assisting them. But when the ungrateful states refused to pay the claims that he and others like him presented, he says it was because they, the creditors, were northern men. See Clews, "Twenty-eight Years in Wall Street," pp. 550, 551.

[1627] DeLeon, "Ruin and Reconstruction," in the _Southern Magazine_, Jan., 1874. The state debts of the ten southern states were then estimated at $291,626,015, while the debts of the other twenty-seven states amounted to only $293,872,552.

[1628] Houston's Message, 1876; Senate Journal, 1874-1875, p. 7.

[1629] Act of Dec. 17, 1874.

[1630] Later increased to $1,192,000.

[1631] Report of the Debt Commission, 1876. This was nearly half the value of the farm lands of the state, which were worth $67,700,000, and was much more than the gross value of a year's cotton crop.

[1632] Report of the Debt Commission, Jan. 24, 1876; Senate Journal, 1875-1876, pp. 203-232; Report of the Joint Committee on the Public Debt, Feb. 23, 1876; Annual Cyclopædia (1875), p. 14; "Northern Alabama," p. 52; Final Report of the Committee of the Alabama and Chattanooga Bondholders, London, 1876; McClure, "The South," p. 83; Second Report of the Debt Commission, Dec. 13, 1876.

[1633] Senate Journal, 1876-1876, p. 316.

[1634] Second Report, Dec. 13, 1876.

[1635] Second Report of the Debt Commission, Dec. 13, 1876.

[1636] Annual Cyclopædia (1875), p. 14; "Northern Alabama," pp. 51, 51; Acts of 1874-1875.

[1637] Auditor's Report, 1902, p. 14.

[1638] _E.g._ the State Bank.

[1639] T. H. Clark, "Railroads and Navigation," in "Memorial Record of Alabama," Vol. II, pp. 322-323; Martin, "Internal Improvements in Alabama," pp. 72-77; Garrett, "Public Men," pp. 577, 580.

[1640] Martin, "Internal Improvements," pp. 65-68.

[1641] Martin, "Internal Improvements," p. 42 _et seq._

[1642] Martin, "Internal Improvements," pp. 68-71; Auditor's Report, Oct. 12, 1869.

[1643] Census, 1850, 1860.

[1644] Acts of Ala., 1866-1867, pp. 686-694.

[1645] The constitution of 1867, Art. 13, Sec. 13, provided that the credit of the state should not be given nor loaned except in aid of railways or internal improvements, and then only by a two-thirds vote of each house.

[1646] Acts of Ala., Aug. 7 and Sept. 22, 1868. The promoters of the roads claimed that the old law was useless, but that $16,000 a mile would attract northern and European capital. Herbert, "Solid South," p. 52.

[1647] Governor's Message, Nov. 15, 1869. The carpet-bag auditor also advocated the repeal of the law. He thought that no road should be indorsed for more than $10,000 a mile, since the average value was less than $13,000 a mile.

[1648] Act of Feb. 21, 1870, Acts of Ala., 1869-1870

[1649] Act of March 1, 1870, Acts of Ala., 1869-1870, p. 286.

[1650] Act of April 21, 1873, Acts of Ala., 1872-1873, p. 45.

[1651] Acts of Oct. 6 and Nov. 17, 1868, Acts of Ala., 1868, pp. 207, 347; Herbert, "Solid South," p. 52; Annual Cyclopædia (1871), pp. 7, 8. The railroad must have intended to profit by the indorsement, and must have paid for it, for when, a year later, ex-Governor Patton, who for the sake of respectability was made the nominal president, was in Boston, he was reproached by the Alabama and Chattanooga officials for allowing their charter to cost them $200,000. See Ku Klux Rept., Ala. Test., p. 232.

[1652] Alabama _vs._ Burr, 115 United States Reports, p. 418. Burr, J. C. Stanton, and D. N. Stanton had been prosecuted by the state of Alabama for the fraudulent use of indorsed bonds.

[1653] Governor Smith's Message, Nov. 15, 1869.

[1654] Auditor's Report, 1870.

[1655] Message in _Independent Monitor_, Dec. 13, 1870.

[1656] _Independent Monitor_, June 14, 1871; Ku Klux Rept., pp. 172, 317; Ku Klux Rept., Ala. Test., p. 193; Auditor's Report, 1871.

[1657] Act of Feb. 11, 1870, Acts of Ala., 1869-1870.

[1658] _Montgomery Mail_, Jan. 25, 1871; _Southern Argus_, Feb. 2, 1872, and Feb. 28, 1873; Somers, "Southern States," p. 157; Report of the House Railroad Investigation Committee, 1871; Herbert, "Solid South," pp. 52, 53. Colonel Herbert says that the Alabama and Chattanooga officials _demanded_ the $2,000,000 and received it. "Solid South," p. 53. The legislature that voted the gift of $2,000,000 was composed as follows: Senate, 32 Radicals and 1 Democrat; House, 85 Radicals (of whom 20 were negroes) and 15 doubtful Democrats. The carpet-bag editor of the _Demopolis Republican_ said: "Men who never paid ten dollars' tax in their lives talk as flippantly of millions as the schoolboy of his marbles. Meanwhile, outsiders talk of buying and selling men at prices which would have been a disgrace to a slave before the war." _Montgomery Mail_, Jan. 25, 1871.

[1659] Annual Cyclopædia (1870), p. 10.

[1660] Report of the House Railroad Committee, 1871; Ku Klux Rept., p. 319.

[1661] Ku Klux Rept., p. 319; House Journal, 1870-1871, p. 236; Report of the House Railroad Investigating Committee, 1871; Ku Klux Rept., Ala. Test., p. 232; J. P. Stow, Radical senator from Montgomery, said that when Hardy left at the end of the session, he carried away $150,000. Not all of it was his own; some of it he had collected for others. One senator is said to have held his vote at $1000 regularly.

[1662] Senate Journal, 1873; Appendix containing Journal of the Capitol Senate, 1872, pp. 19-34; Lindsay's Message, 1872, to the Capitol Legislature. Lindsay said that all the Democrats worked hard to prevent the passage of the $2,000,000 bill; that he himself worked in the lobby until three o'clock in the morning trying to defeat the thieves. Ku Klux Rept., Ala. Test., p. 199.

[1663] Ku Klux Rept., p. 318; Ku Klux Rept., Ala. Test., p. 196; Report of the House Investigation Committee, p. 1871. Ex-Governor Patton testified that though president of the Alabama and Chattanooga road, he had opposed the bill and in consequence had been displaced, D. N. Stanton of Boston being elected. Patton stated that none of the capital stock had at this time been paid in by the stockholders.

In 1870-1871 "another set of financiers had made up their minds to come down South and help Alabama. Their demand was for $5,000,000 with which to set furnaces and factories going. They were too late. If they had only come the session before, there was no chance for a bill containing $5,000,000, properly pressed, to have failed." But the lower house now had a Democratic majority. Herbert, "Solid South," p. 57.

[1664] Senate Journal, 1870-1871, p. 78; Lindsay's Message, Nov. 21, 1871; Senate Journal, 1870-1871.

[1665] Ku Klux Rept., Ala. Test., pp. 195, 196; Lindsay's Messages, 1871-1872; Lindsay's Statement of Facts, April 22, 1871; Report of Commissioners of the Public Debt, Jan. 24, 1876.

[1666] Act of Feb. 25, 1871.

[1667] Statement of Facts which influenced Governor Robert B. Lindsay in his Action in regard to the Bonds of the Alabama and Chattanooga Railroad Company, April 22, 1871; Lindsay's Message, Nov. 21, 1871. While Lindsay was in New York, Ex-Governor Smith called on him and half acknowledged the whole affair. Ala. Test., p. 199. Afterwards in a letter Smith strongly protested that some of the bonds signed and sealed by himself were fraudulent, and blamed Governor Lindsay and the legislature for recognizing them. He acknowledged that his carelessness had resulted in the present state of affairs. Somers, "Southern States," p. 158. April 3, 1871, Smith wrote, "I admit that if I had attended strictly to the indorsement and issue of these bonds, that all this never would have occurred." Herbert, "Solid South," p. 53.

[1668] Statement of Facts, April 22, 1871; Ku Klux Rept., Ala. Test., pp. 198, 199. Lindsay said that since the Alabama and Chattanooga road was indorsed under the laws of 1867 and 1868, it did not come under the laws of 1870. Consequently, when the Alabama and Chattanooga defaulted, the state was not bound to pay interest on the $2,000,000 state bonds until the legislature acted in March, 1871.

In his Statement of Facts, Lindsay relates a suggestive and illuminating incident: On Dec. 13, 1870, John Demerett, an Alabama and Chattanooga bondholder, brought suit in the Superior Court of King's County, New York, against the Alabama and Chattanooga Railroad Company, the state of Alabama, and one F. B. Loomis (of the Alabama and Chattanooga Company), alleging that the said railway company was about to place on the market 500 first mortgage bonds numbered from 4800 to 5300, indorsed by the governor of Alabama in violation of the law. Demerett prayed for an injunction to restrain the company from selling the bonds. The records showed that the state of Alabama appeared by her attorney, one William D. Vieder, who declared on affidavit that he was employed by Henry Clews & Company, financial agents of Alabama. Vieder filed an answer in behalf of Alabama, stating that the bonds numbered 4801 to 5300 were properly indorsed, and were of the same class as others issued by the company, that the indorsement was in conformity to law, and that in no case would the bonds be repudiated. The injunction was dissolved and the company permitted to sell. To the Ku Klux Committee Lindsay suggested that Smith might have signed the illegal bonds after he went out of office, as they were not placed on the market until January, 1871. (See Ala. Test., p. 197.) But the Demerett case seems to disprove this and to show that the bonds were issued while Smith was governor. The House Railroad Investigation Committee, in 1871, reported that Smith asserted that the fraudulent indorsements were secured by the active coöperation of Henry Clews & Company, Souter & Company, and Braunfels of Émile Erlanger et Cie., with the Stantons. _Southern Argus_, Feb. 2, 1875. Lindsay further stated that there were evidences of collusion between Stanton and Smith to secure the election of the latter in 1870 at all hazards. They wanted to gain time in order to conceal the irregularity in the issue of bonds. Stanton furnished much money to the campaign fund, and on election day marched to the registration office at the head of 900 railroad employees, who came from the entire length of the road, had them registered, gave each of them a Radical ticket, and then voted them in a body. Ala. Test., pp. 193, 197.

[1669] Acts of Alabama, 1870-1871, pp. 12, 13.

[1670] Ku Klux Rept., p. 172.

[1671] Annual Cyclopædia (1871), pp. 7, 8; Lindsay's Message, Nov. 21, 1871; Senate Journal, 1871-1872, pp. 44, 320; Report of John H. Gindrat, Receiver of the Alabama and Chattanooga Railroad, 1871.

The engineers in the employ of the state reported that to put the road in Alabama in fair condition at the time it was seized would require $507,983.74. Twenty-four miles of rails were old ones that Sherman had burned. Report of Farrand and Thom, Nov. 9, 1871; Senate Journal, 1871-1872, p. 43. To complete the road, Gindrat reported that $1,000,000 would be needed. Senate Journal, 1871-1872, p. 337.

At the time the road was seized $10,500,000 from all sources had disappeared. Part of it was spent on the road, which, with all equipment, in 1871 was valued at $6,120,995. (An estimate of its value in 1873 was $4,183,388.) The capital stock authorized was $7,500,000, of which only $2,700,000 was ever paid in. Ku Klux Rept., pp. 172, 173; Auditor's Report, 1871 and 1873. The earnings of the road from November, 1872, to November, 1873, were $232,583.96. The expenses of the road from November, 1872, to November, 1873, were $1,083,851.90. Report of the Receiver of the Alabama and Chattanooga Railroad, 1873.

[1672] Rice and Chilton, attorneys of the Alabama and Chattanooga road, gave the state much trouble. Rice was a scalawag, but several partners he had at that time and later were Democrats.

[1673] During the whole time there was a large element in favor of not recognizing the legality of the bond issues authorized by the carpet-bag legislatures. The carpet-bag government was not a government of the people, but was imposed and upheld by military force, some said, and had no right to vote away the money of the people without their consent. The _Selma Times_, March 5, 1874, voiced this sentiment: "Alabama must and will be ruled by whites.... We will not pay a single dollar of the infamous debt, piled upon us by fraud, bribery, and corruption, known as the 'bond swindle' debt. Let the bondholders take the railroads." See Senate Journal, 1875-1876, pp. 213-221.

[1674] Annual Cyclopædia (1871), p. 8; (1872), pp. 8, 9; Lewis's Message, Dec. 20, 1872; Senate Journal, 1872-1873, p. 43; Lewis's Message, Nov. 1874; Senate Journal, 1874-1875; Final Report of the Committee of the Alabama and Chattanooga Bondholders, London, 1876; Acts of Ala., Dec. 21, 1872; Acts of Ala., March 20, 1875.

[1675] Lewis's Message, Nov., 1874.

[1676] Ku Klux Rept., p. 173; Governor Houston's Message, Dec., 1875; Senate Journal, 1875-1876.

[1677] Governor Lewis's Message, Nov., 1874; Senate Journal, 1874-1875.

[1678] Report of House Railroad Committee; Auditor's Report, 1873.

[1679] Auditor's Report, 1871.

[1680] Martin, "Internal Improvements," p. 70; Auditor's Report, 1869; Acts of Dec. 30, 1869, Acts of Ala., 1868, pp. 487, 494. The South and North road was merely an expansion of "The Mountain Railroad Company," an old corporation.

[1681] Acts of 1869-1880, p. 374.

[1682] Message, in _Independent Monitor_, Dec. 13, 1870.

[1683] Report of House Railroad Inv. Com., 1871. See also Report of Auditor, 1870, which says $1,980,000 indorsement.

[1684] Ku Klux Rept., Ala. Test., p. 197.

[1685] Auditor's Report, 1871.

[1686] Ku Klux Rept., p. 318; Report of House Railroad Inv. Com., 1871.

[1687] _Montgomery Mail_, Feb. 24, 1870.

[1688] Message, Nov. 17, 1874.

[1689] Report of House Railroad Inv. Com., 1871; Lewis's Message, Nov. 17, 1873; Auditor's Report, 1869; Auditor's Report, 1873; House Journal, 1871-1872, pp. 305, 353; Acts of 1869-1870, p. 290.

[1690] _Southern Argus_, Feb. 2, 1872; Governor Lewis's Message, Nov. 17, 1873; Auditor's Report, 1871 and 1873.

[1691] Lewis's Message, Nov. 17, 1873; Auditor's Report, 1873; Act of Jan. 17, 1870.

[1692] _Southern Argus_, Feb. 2, 1872; Auditor's Report, 1873; Lewis's Messages, 1873.

[1693] _Southern Argus_, Feb. 2, 1872; Auditor's Reports, 1871 and 1873; Mathes, "General Forrest," p. 362; Wyeth, "Life of General Nathan Bedford Forrest," pp. 617, 619. When Smith had indorsed this road for $720,000, he reported the amount as $640,000. _Independent Monitor_, Dec. 13, 1870.

[1694] Act of Dec. 30, 1868.

[1695] Senate Journal, 1872-1873, pp. 416-422; Acts of Ala., 1872-1873, p. 58; Auditor's Reports, 1871, 1873; Governor Lewis's Report, Nov. 17, 1873.

[1696] Act of Feb. 25, 1870.

[1697] Auditor's Report, 1873.

[1698] $1,300,000 fraudulent indorsement; $2,000,000 in state bonds in addition.

[1699] No record of $80,000 indorsement.

[1700] Also "three per cent fund" amounting to $30,000+, and state bonds amounting to $300,000. No record of $720,000.

[1701] No record of $1,500,000.

[1702] No record of $160,000. Also a loan of $40,000.

[1703] No record of $45,000.

[1704] Including $2,200,000, of which no record was found.

[1705] Act of Dec. 31, 1868; Acts of 1868, p. 514.

[1706] _Southern Argus_, June 14, 1872; Miller, "Alabama," p. 278; Acts of Ala., _passim_; "Northern Alabama," p. 737; Brown, "Alabama," p. 291; Herbert, "Solid South," p. 53.

[1707] A commission from Mobile visited the schools in New York, Boston, and other cities of the North.

[1708] Exclusive of Mobile County, which, as the honored pioneer, has always been outside of, and a model for, the state system.

[1709] Clark, "History of Education in Alabama," pp. 221-241; Report of the United States Commissioner of Education, 1876, p. 6.

[1710] The son of ex-Governor Watts. Clark, p. 94.

[1711] See Ch. XI, Sec. 3.

[1712] Clark, p. 95 _et passim_. In 1869 N. B. Cloud, the Superintendent of Public Instruction, asked the legislature to make the loan a gift, since the destruction of the buildings was "the natural fruits of secession," the fault of the "purblind leaders" who "pretended to secede." Therefore he thought the state was responsible for the damage done the University.

[1713] See Journal Convention of 1867, p. 242 _et passim_, and above, Chs. XIV and XV.

[1714] There were four congressional districts.

[1715] The supreme court decided in regard to the Board of Education: "The new system has not only administrative, but full legislative, powers concerning all matters having reference to the common school and public educational interests of the state. It cannot be destroyed nor essentially changed by legislative authority." Report of the Commissioner of Education, 1873, p. 5. But in 1873-1874 the legislature, however, by refusing appropriations, did manage to nullify the work of the Board.

[1716] Constitution of 1867, Art. XI.

[1717] In 1871 the legislature repealed this act, and a case that arose was carried to the United States supreme court, which, reversing a former decision of the state supreme court, held that the action of one legislature could not restrain subsequent legislatures from legislating for the public welfare by suppressing practices that tended to corrupt public morals. Besides, the court professed itself unable to find in the act any authority for a lottery. See Boyd _vs._ Alabama, 94 United States Reports, p. 645 (opinion by Justice Field).

[1718] Act of Dec. 31, 1868. At the same time the office of Commissioner of Lotteries was created, with a salary of $2000 a year.

[1719] This is the opinion of two subsequent members--one a Democrat and one a Radical. See also Ku Klux Report, Ala. Test., p. 426. The members were G. L. Putnam, A. B. Collins (Collins was made a professor in the University, but murdered Haughey, the Radical Congressman, and fled from the state), W. D. Miller, Jesse H. Booth, Thomas A. Cook, James Nichols, William H. Clayton, Gustavus A. Smith,--four scalawags and four carpet-baggers. The first two named resigned to accept offices created by the board. See Register of the University of Alabama, 1831-1901, p. 20.

[1720] Report, Nov. 10, 1869.

[1721] This was done at the instance of the aid societies from the North which had been doing work among the negroes.

[1722] Acts, Aug. 11, 1868. Public School Laws (pamphlet). See also Acts of Ala., 1868, pp. 147-160.

[1723] Clark, p. 98.

[1724] See Ch. XX.

[1725] Nicholas Davis, a north Alabama Republican, had this to say about Lakin to the Ku Klux subcommittee: "He called on me to explain why I said unkind things about his being candidate for president of the Alabama University, and I said, 'Mr. Lakin, you and I are near neighbors, and I don't want to have much to do with you--not much; but I think this: didn't you try to be president of the Alabama University?' He said he did. I said, 'It would have been a disgrace to the state. You don't know an adjective from a verb, nor nothing else.'... He says, '... but I rather didn't like what you said.' I said, 'Doctor, you will have to like it or let it alone.' He let it alone."--Ku Klux Rept., Ala. Test., p. 784.

[1726] Clark, p. 98, is not correct on this point; Ku Klux Rept., Ala. Test., pp. 111, 112, 113, 114; account of Dr. O. D. Smith of the second Board of Education; _Independent Monitor_, Aug. 9 and Sept. 1, 1868.