Chapter III: Military and Political Events (3)

The invasion of the Tennessee valley had discouraging effects on the weaker element of the population, and caused many to take a rather degrading position in order to secure Federal protection for themselves and their property. To call the tories and those who submitted and took the oath "unionists" would be honoring them too highly. Little true "Union" sentiment or true devotion to the United States existed except on the part of those who enlisted in the Federal armies. In October, 1862, C. C. Clay, Jr., wrote to the Secretary of War at Richmond that the Federal invasion had resulted in open defiance of Confederate authority on the part of some who believed that the Confederacy was too weak to protect or punish. Even loyal southerners were afraid to be active for fear of a return of the Union troops. Some had sold cotton to the Federals during their occupation, bought it for them, acted as agents, spies, and informers; and now these men openly declared for the Union and signed calls for Union meetings. Huntsville, Mr. Clay stated, was the centre of disaffection.[248] But in April, 1863, a northern cotton speculator reported that there were but few "true Union men" at Huntsville or in the vicinity.[249]

Though not fully in sympathy with the secession movement, the majority of the people in the northern counties acquiesced in the action of the state, and many volunteers entered the army. Until late in the war this district sent as many men in proportion to population as any other section, and the men made good soldiers. But with the opening of the Tennessee and the passage of the conscription laws the mountaineers and the hill people became troublesome. To avoid conscription they hid themselves. Their families, with their slender resources, were soon in want of the necessaries of life, which they began to obtain by raids on their more fortunate neighbors in the river valleys. A few entered the Federal army. In July, 1862, small parties came to Decatur, in Morgan County, from the mountains and joined the Federal forces under the command of Colonel Streight. They told him of others who wished to enlist, so Streight made an expedition to Davis Gap, in the mountains south of Decatur, and secured 150 recruits.

These formed the nucleus of the First Alabama Union Cavalry, of which George E. Spencer of Ohio, afterward notorious in Alabama politics, was colonel. At this time C. C. Sheets, who said that he had been in hiding, appeared and made a speech encouraging all to enlist. Streight said that the "unionists" were poor people, often destitute. There were, he reported, about three "unionists" to one "secessionist" in parts of Morgan, Blount, St. Clair, Winston, Walker, Marion, Taylor, and Jefferson counties, and he thought two full regiments could be raised near Decatur. Though so few in numbers, the "secessionists" seem to have made it lively for the "unionists," for Streight reported that the "unionists" were much persecuted by them and often had to hide themselves.[250] The Confederate commander at Newberne, in Greene County, reported (January, 1862) that in an adjoining county the "Union" men were secretly organizing, that 300 had met, elected officers, and gone into camp.[251] A month later, Lieutenant-Commander Phelps of the United States navy, after his river raid to Florence (1862), reported that along the Tennessee the "Union" sentiment was strong, and that men, women, and children in crowds welcomed the boats. However, he adds that they were very guarded in their conversation. It may be that he mistook curiosity for "Union" sentiment. Another naval officer reported that the fall of Fort Donelson was beneficial to the Union cause in north Alabama. Neither of these observers landed, and their observations were limited to the river banks.[252] In June, 1862, Governor Shorter said that much dissatisfaction existed in several of the northern counties,[253] and in December, 1862, that Randolph County was defying the enforcement of the conscript law, and armed forces were releasing deserters from jail. Colonel Hannon was at length sent with a regiment and suppressed for a time the disloyal element.[254] September 21, 1862, General Pillow reported to Seddon that there were 8000 to 10,000 deserters and tory conscripts in the mountains of north Alabama, as "vicious as copperheads."[255] In April, 1863, a civilian of influence and position wrote to General Beauregard that the counties of north Alabama were full of tories. During 1862, he stated, a convention had been held in the corner of Winston, Fayette, and Marion counties, in which the people had resolved to remain neutral. He believed that this meant that when the enemy appeared the so-called neutrals would join them, for they openly carried United States flags.[256] A similar convention was held in north Alabama (apparently in Winston County) in the spring of 1863. A staff officer reported to General Beauregard (May, 1864) that in the counties of Lawrence, Blount, and Winston, Federal recruiting agents for mounted regiments carried on open correspondence with the disaffected citizens,[257] apparently with little success, for although disaffection and hostility to the Confederacy among the people of north Alabama had continued for three years, and there was every opportunity for entering the Federal army, yet the official statistics give the total number of enlistments and reënlistments of whites from Alabama at 2576.[258]

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

The deserters and stragglers of north Alabama were well armed and somewhat organized, and kept the people in terror. General Pillow thought that the temporary suspension of the conscript law had made them bolder. Eleven counties were infested with them. No man was safe in travelling along the roads, for murders, robberies, and burnings were common, and peaceable citizens were shot while at work in the fields. It was estimated that in July, 1863, there were 8000 to 10,000 tories and deserters in the mountains of north Alabama, and these banded themselves together to kill the officers sent to arrest them. It was impossible to keep a certain class of men in the army when they were encamped near their homes.[260] Even good soldiers, when so stationed, sometimes deserted. Had these same men been in the Army of Northern Virginia, they would have done their duty well. But here, near their home, many influences led them to desert. There was little fighting, and they could see no reason why they should be kept away from their suffering families.

General Pillow, in the fall of 1863, forced several thousand deserters and stragglers from Alabama, Mississippi, and Texas, who were in hiding in north Alabama, to return to their commands. The legislature commended his work and asked that his jurisdiction be extended over a larger area, even over the whole Confederacy.[261] In April, 1864, the Ninth Texas Cavalry was sent against the "unionists" in Marion County. The colonel reported that the number of tories had been greatly exaggerated, though the woods seemed to be swarming with deserters, and he learned that they had a secret organization.[262] The deserters always infested the wildest and most remote parts of the country, and were found wherever disaffection toward the Confederacy had appeared. The Texans, who had no local attachments to interfere with their duty, drove back into the army several thousand "stragglers," as the better class of deserters were called.[263] General Polk reported (April, 1864) that in north Alabama formidable bands were being organized for resistance to the government, and that hostility to the Confederacy was openly proclaimed by them. He sent out detachments which forced more than a thousand men to leave the woods and hills and return to the army.[264] When Alabama soldiers were captured or deserted to the enemy, it was the custom of the Federals to send them north of the Ohio River, and to offer to enlist as many as possible in regiments to fight the Indians in the West. Some took advantage of the offer and thus avoided prison life. Such men were called "galvanized Yankees" and were hated by the loyal soldiers. Early in 1865, J. J. Giers, a prominent tory, wrote General Grant that if Alabama deserters were permitted to remain near home their numbers would increase.[265]

Outrages by Tories and Deserters

The tory and the deserter often led squads of Federal soldiers on expeditions of destruction and pillage. When possible, they would burn the county court-houses, jails, and other public buildings, with the books and records of the counties. Sometimes disguised as Union troops, they committed the worst outrages. On one occasion four men, dressed as soldiers, went to the house of an old man named Wilson, three miles from Florence, and searched it for money supposed to be hidden there. As the old man would tell them nothing, they stripped him to the waist, tied him face downward upon a table, tore leaves from a large Bible, and, piling them on him, burned him to death. His nephew, unable to tell about the money, was shot and killed. A grandson was shot and wounded, and left for dead. The overseer, coming up, was shot and killed in spite of the appeals of his wife. Senator R. M. Patton had the wounded boy taken to Florence, where the same band came the next night and demanded him. Upon being refused, they fired repeatedly into the house until they were driven away. They then went to the house of a druggist, and, failing to find money, burned him as they had Wilson. Though fearfully burned, he survived. Two of the band, natives of Florence, were captured, court-martialled by the Federal authorities, and hanged.[266]

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

The tories, who were often deserters from the armies, gathered in the hill country and watched for an opportunity to descend into the valley to rob, burn, and murder. One family had the following experience with Federal troops or "unionists": On the first raid six mules, five horses, a wagon, and fifty-two negroes were taken; on the second, the remainder of the mules, a cart, the milch cows, some meat, and the cooking utensils. On the third the wagons were loaded with the last of the meat, and all of the sugar, coffee, molasses, flour, meal, and potatoes. The mother of the family told the officer in charge that they were taking away their only means of subsistence, and that the family would starve. "Starve and be d--d," was the reply. Then the buggy and the carriage harness and cushions were taken, and the carriage cut to pieces. The house was searched for money. Closets and trunks were broken open, the offer of keys being refused. Clothing and bedding, dishes, knives and forks were taken, and whatever could not be carried was broken. The "Destroying Angels," as they called themselves, then burned the gin-house and cotton press with one hundred and twenty-five bales of cotton, seven cribs of corn, stables, and stacks of fodder, a wagon, four negro cabins, the lumber room, $500 worth of thread, axes, hoes, scythe-blades, and other plantation implements. They started to burn the dwelling house, but the woman pleaded that it was the only shelter for her children and herself. "You may thank your good fortune, madam, that we have left you and your d--d brats with your heads to be sheltered," answered one of the "Destroying Angels." Then an officer galloped up, claimed to be much astonished, and ordered away the men.[268]

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

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

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

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

Disaffection in South Alabama

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

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

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

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

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

Prominent Tories and Deserters

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

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

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

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

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

Another prominent citizen of Madison County, Judge D. C. Humphreys, joined the Federals late in the war. Humphreys had been in the Confederate army and had resigned. He was arrested by General Roddy on the charge of disloyalty. It is not known that he was ever tried or put into prison, but in January, 1865, Hon. C. C. Clay, Sr., and other prominent citizens of Huntsville, of southern sympathies, all old men, were arrested and carried to prison in Nashville as hostages for the safety of Humphreys, who had been released by order of the Confederate War Department as soon as the rumor of his arrest reached Richmond.[289] In April, 1864, General Clanton, commanding in north Alabama, sent Governor Watts a Nashville paper in which Jeremiah Clemens, "the arch traitor," and that "crazy man," Humphreys, figured as advisers to their fellow-citizens of Alabama in recommending submission.[290] There are indications that several such addresses were issued by Clemens, Humphreys, Lane, and others from the safety of the Federal lines, but the text of none of them has been found except those written and published when the war was nearly ended.

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

Numbers of the Disaffected

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

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

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

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

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

There was a mild annoyance of the more peaceable tories by the Confederate officials in the spasmodic attempts to enforce the conscription laws, but it amounted to very little. The loyal southern people suffered more from the depredations of the disaffected "union" people of north and southeast Alabama than the latter suffered from all causes combined. The state and Confederate authorities were very lenient--too much so--in their treatment of these people. There was no great need of a strong Confederate force in north Alabama, since only raids, not invasions in force, were to be feared; yet the governments--both state and Confederate--were guilty of neglect in leaving so many of the people at the mercy of the outlaws when, as shown in several instances, two or three thousand good soldiers could march through the country and scatter the bands that infested it. Assuming that the state had a right to demand obedience and support from its citizens, it was weak and reprehensible conduct on the part of the authorities to allow three or four thousand malcontents and outlaws to demoralize a third of the state. Often the families of tories and "mossbacks" were supplied from the state and county stores for the destitute families of soldiers, while the men of such families were in the Federal service or were hiding in the woods, caves, and ravines, or were plundering the families of loyal soldiers. Not enough arrests were made, and too many were released. The majority of the troublesome class was of the kind who preferred to take no stand that incurred the fulfilment of obligations. In an emergency they would incline toward the stronger side. Prompt and rigorous measures, similar to the policy of the United States in the Middle West, stringently maintained, would have converted this source of weakness into a source of strength, or at least would have rendered it harmless. The military resources of that section of the state could then have been better developed, the helpless people protected, outlaws crushed, and there would have been peace after the war was ended.[297] As it was, the animosities then aroused smouldered on until they flamed again in one phase of the Ku Klux movement.[298]

SEC. 5. PARTY POLITICS AND THE PEACE MOVEMENT

Political Conditions, 1861-1865

When, by the passage of the ordinance of January 11, 1861, the advocates of immediate secession had gained their end, the strong men of the victorious party, for the sake of harmony, stood aside, and intrusted much of the important work of organizing the new government to the defeated coöperationist party, who, to say the least, disapproved of the whole policy of the victors. The delegates chosen to the Provisional Congress were: R. H. Walker of Huntsville, a Union Whig, who had supported Bell and Everett and opposed secession; Robert H. Smith, a pronounced Whig, who had supported Bell and Everett and opposed secession; Colin J. McRae of Mobile, a commission merchant, a Whig; John Gill Shorter of Eufaula, who had held judicial office for nine years; William P. Chilton of Montgomery, for several years chief justice and before that an active Whig; Stephen F. Hale of Eutaw, a Whig who supported Bell and Everett; David P. Lewis of Lawrence, an "unconditional Unionist" who had opposed secession in the convention of 1861, and who, in 1862, deserted to the Federals; Dr. Thomas Fearn of Huntsville, an old man, a Union Whig; and J. L. M. Curry of Talladega, the only consistent Democrat of the delegation, the only one who had voted for Breckenridge, and the only one with practical experience in public affairs. The delegation was strong in character, but weak in political ability and not energetic.[299] The delegation elected to the first regular Congress was more representative and more able.

GOVERNOR THOMAS H. WATTS.

GOVERNOR JOHN GILL SHORTER.

GOVERNOR ANDREW B. MOORE.

BISHOP R. H. WILMER.]

In August, 1861, John Gill Shorter, a State Rights Democrat, was elected governor by a vote of 57,849 to 28,127 over Thomas Hill Watts, also a State Rights Democrat, who had voted for secession, but who had formerly been a Whig. Watts was not a regular candidate since he had forbidden the use of his name in the canvass.[300] For a time the people enthusiastically supported the administration. Governor Shorter's message of October 28, 1861, to the legislature closed with the words: "We may well congratulate ourselves and return thanks that a timely action on our part has saved our liberties, preserved our independence, and given us, it is hoped, a perpetual separation from such a government. May we in all coming time stand separate from it, as if a wall of fire intervened."[301] The legislature in 1861 declared that it was the imperative duty as well as the patriotic privilege of every citizen, forgetting past differences, to support the policy adopted and to maintain the independence assumed. To this cause the members of the general assembly pledged their lives, fortunes, and sacred honor.[302] A year later the same body declared that Mobile, then threatened by the enemy, must never be desecrated by the polluting tread of the abolitionist foe. It must never be surrendered, but must be defended from street to street, from house to house, and at last burned to the ground rather than surrendered.[303] The same legislature, elected in 1861 when the war feeling was strong, stated in August, 1863, that the war was unprovoked and unjust on the part of the United States government, which was conducting it in utter disregard of the principles which should control and regulate civilized warfare. They renewed the pledge never to submit to abolitionist rule. The people were urged not to be discouraged by the late reverses, nor to attribute their defeats to any want of courage or heroic self-sacrifice on the part of the armies. All the resources of the state were pledged to the cause of independence and perpetual separation from the United States. It was the paramount duty, the assembly declared, of every citizen to sustain and make effective the armies by encouraging enlistments, by furnishing supplies at low prices to the families of soldiers, and by upholding the credit of the Confederate government. To enfeeble the springs of action by disheartening the people and the soldiers was to strike the most fatal blow at the very life of the Confederacy.[304]

This resolution was called forth partly by the constant criticism that the "cross-roads" politicians and a few individuals of more importance were directing against the civil and military policy of the administration. The doughty warriors of the office and counter were sure that the "Yankees" should have been whipped in ninety days. That the war was still going on was proof to them that those at the head of affairs were incompetent. These people had never before had so good an opportunity to talk and to be listened to. Those to whom the people had been accustomed to look for guidance were no longer present to advise. They had marched away with the armies, and there were left at home as voters the old men, the exempts, the lame, the halt, and the blind, teachers, preachers, officials, "bomb-proofs," "feather beds"[305]--all, in short, who were most unlikely to favor a vigorous war policy and who, if subject to service, wanted to keep out of the army. Consequently, among the voting population at home, the war spirit was not as high in 1863 as it had been before so many of the best men enlisted in the army.[306] The occupation of north Alabama by the enemy, short crops in 1862, and reverses in the field such as Vicksburg and Gettysburg, had a chilling effect on the spirit of those who had suffered or were likely to suffer. The conscription law was unpopular among those forced into the service; it was much more disliked by those who succeeded for a time in escaping conscription. These lived in constant fear that the time would come when they would be forced to their duty.[307]

Further, the official class and the lawmakers were not up to the old standard of force and ability. The men who had the success of the cause most at heart usually felt it to be their duty to fight for it, if possible, leaving lawmaking and administration to others of more peaceable disposition. Some of the latter were able men, but few were filled with the spirit that animated the soldier class. Many of these unwarlike statesmen in the legislature and in Congress thought it to be their especial duty to guard the liberties of the people against the encroachments of the military power. They would talk by the hour about state rights, but would allow a few thousand of the sovereign state's disloyal citizens to demoralize a dozen counties rather than consent to infringe the liberties of the people by making the militia system more effective to repress disorder. They succeeded in weakening the efforts of both state and Confederate governments, and their well-meant arguments drawn from the works of Jefferson were never remembered to their credit. One of the best of these men--Judge Dargan, a member of Congress from Mobile--seems to have had a very unhappy disposition, and he spent much of his time writing to the governor and to the President in regard to the critical state of the country and suggesting numberless plans for its salvation. Among many things that were visionary he advanced some original schemes. In 1863 he proposed a plan for the gradual emancipation of slaves, later a plan for arming them, and suggested that blockade running be prohibited, as it was ruining the country.[308]

Even while the tide of war feeling was at the flood there occurred instances of friction between the state and the Confederate governments. In December, 1862, the legislature complained of the continued use of the railroads by the Confederate government, to the exclusion of private transportation. The railroads were built, it was stated, for free intercourse between the states, and, since the blockade had become effective, were more important than ever in the transportation of the necessaries of life.[309] The legislature complained about the conduct of the Confederate officers in the state, about impressment, taxation, and redemption of state bonds, the state's quota of troops for the Confederate service, about arms and supplies purchased by the state, and about trade through the lines. Suits were brought again and again in the state courts by the strict constructionists to test the constitutionality of the conscript laws and the law forbidding the hiring of substitutes. But the courts declared both laws constitutional.[310] The lawmakers of the state were much more afraid of militarism than of the Federal invasion or domestic disorder, and refused to organize the militia effectively.[311]

The military reverses in the summer of 1863 darkened the hopes of the people and chilled their waning enthusiasm, and the effect was shown in the elections of August. Thomas H. Watts, who had been defeated in 1861, was elected governor by a vote of 22,223 to 6342 over John G. Shorter, who had been governor for two years. Watts had a strong personal following, which partly accounted for the large majority; but several thousand, at least, were dissatisfied in some way with the state or the Confederate administration. Jemison, a former coöperationist, took Yancey's place in the Confederate Senate. J. L. M. Curry was defeated for Congress because he had strongly supported the administration. The delegation elected to the second Congress was of a decidedly different temper from the delegation to the first Congress. A large number of hitherto unknown men were elected to the legislature.[312]

At the close of the term of Governor Shorter, the new legislature passed resolutions indorsing his policy in regard to the conduct of the war and commending his wise and energetic administration.[313] Other resolutions were passed which would seem to indicate that the war feeling ran as high and strong as ever. In fact, it was only the voice of the majority, not of all, as before. There was a strong minority of malcontents who pursued a policy of obstruction and opposition to the measures of the administration and thereby weakened the power of the government. It was believed by many that Watts, who had been a Whig and a Bell and Everett elector, would be more conservative in regard to the prosecution of the war than was his predecessor. There were numbers of people in the state who believed or professed to believe that it was possible to end the war whenever President Davis might choose to make peace with the enemy. Others, who saw that peace with independence was impossible, were in favor of reconstruction, that is, of ending the war at once and returning to the old Union, with no questions asked. They believed that the North would be ready to make peace and welcome the southern states back into the Union on the old terms. These constituted only a small part of the population, but they had some influence in an obstructive way and were great talkers. Any one who voted for Watts from the belief that he would try to bring about peace was much mistaken in the man. It was reported that he was in favor of reconstruction. This he emphatically denied in a message to the legislature: "He who is now ... in favor of reconstruction with the states under Lincoln's dominion, is a traitor in his heart to the state ... and deserves a traitor's doom.... Rather than unite with such a people I would see the Confederate states desolated with fire and sword.... Let us prefer death to a life of cowardly shame."[314] Though Watts was elected somewhat as a protest against the war party, he was in favor of a vigorous prosecution of the war. However, at times, he had trouble with the Confederate government, and we find him writing about "the tyranny of Confederate officials," that "the state had some rights left," that "there will be a conflict between the Confederate and state authorities unless the conscript officials cease to interfere with state volunteers and state officials."[315]

The governor was in favor of supporting the war, and recommended the repeal of some of the state laws obstructing Confederate enlistments; he was willing for any state troops that were available to go to the aid of another state, and he desired to aid in returning deserters to the army; but he opposed the manner of execution of laws by the Confederate government. He demanded for the state the right to engage in the blockade trade in order to secure necessaries. He also protested against the proposed policy of arming the slaves.[316]

During the year 1864 the legislature protested against the action of Confederate conscript officers who insisted on enrolling certain state officials. It was ordered that the reserves, when called out for service, should not be put under the command of a Confederate officer. The first-class reserves were not to leave their own counties. An act was passed to protect the people from "oppression by the illegal execution of the Confederate impressment laws."[317] Confederate enrolling officers who forced exempt men into the army were made liable to punishment by heavy fine.[318]

An Alabama newspaper, in the fall of 1864, advocated a convention of the states in order to settle the questions at issue, to bring about peace, and to restore the Union. Such a proposition found supporters in the legislature. A resolution was introduced favoring reconstruction on the basis of the recent platform of the Democratic party and McClellan's letter of acceptance.[319] The resolution was to this effect: if the Democratic party is successful in 1864, we are willing to open negotiations for peace on the basis indicated in the platform adopted by the convention; provided that our sister states of the Confederacy are willing. A lengthy and heated discussion followed. The governor sent in a message asking "who would desire a political union with those who have murdered our sons, outraged our women, with demoniac malice wantonly destroyed our property, and now seek to make slaves of us!" It would cause civil war, he said, if the people at home attempted such a course. After the reading of the message and some further debate, both houses united in a declaration that extermination was preferable to reconstruction according to the _Lincoln_ plan. The proposed resolution, the extended debate, the governor's message, all clearly indicate a strong desire on the part of some to end the war and return to the Union.[320]

With the opening of 1865 conditions in Alabama were not favorable to the war party: the old coöperationists, with other malcontents, were charging the Davis administration with every political crime; the state administration was disorganized in half the counties; deserters and stragglers were scattered throughout the state; and many of the state and county officials were disaffected. Those who were in favor of war were in the armies. Had the war continued until the August election, there is no doubt that an administration would have been elected which would have refused further support to the Confederacy. Had it not been for fear of the soldier element, the malcontents at home could have controlled affairs in the fall of 1864. For a year there had been indications that the discontented were thinking of a _coup d'état_ and an immediate close of the war. The formation of secret societies pledged to bring about peace was a sign of formidable discontent.

The Peace Society

It was after the reverses of 1863 that the enthusiasm of the people for the war very perceptibly declined. For the first time, many felt that perhaps after all their cause would not win, and that the horrors of war might be brought home to them by hostile invasion of their country. Public opinion was more or less despondent. There was a searching for scapegoats and a more pronounced hostility to the administration. The "cross-roads" statesmen were sure that a different policy under another leader would have been crowned with success, though what this policy should have been, perhaps no two would have agreed. This feeling was largely confined to the less well informed, but it was also found in a number of the old-time conservatives who would never believe that extreme measures were justifiable in any event, and who could never get over a feeling of horror at all that the Democrats might do. If left alone, they thought, time would have brought all things right in the end. It was as painful to them to think that Lincoln was marching armies over the fragments of the United States Constitution, as that the Davis administration was strangling state sovereignty in the Confederate States. Their minds never rose above the narrow legalism of their books. But they were few in numbers as compared with the more ignorant people (who were conscious only of dissatisfaction and suffering) who had willingly plunged into the war "to whip the Yankees in ninety days," and who now thought that all that had to be done to bring peace was to signify to the North a willingness to stop fighting. This course, many thought, need not result in a loss of their independence. Later they were minded to come back into the Union on the old terms, and later still they were ready to make peace without conditions and return to the Union. It seems never to have occurred to them that northern opinion had changed since 1861, and that severe terms of readmission would be exacted. The hardest condition likely to be imposed, they thought, would be the gradual emancipation of the slaves. As a rule, they owned few slaves, but such a condition would probably have been considered harder by them than by the larger slaveholders who felt that slavery had come to an end, no matter how the struggle might result.

This dissatisfaction culminated in the formation of numerous secret or semi-secret political organizations which sprang up over the state, and which together became generally known as the "Peace Society," though there were other designations. Often these organizations were formed for purposes bordering on treason; often not so, but only for constitutional opposition to the administration. The extremes grew farther apart as the war progressed, until the constitutional wing withdrew or ceased to exist, and the other became, from the point of view of the government, wholly treasonable in its purposes. These organizations had several thousand members, at least half the active males left in the state.

The work of the peace party was first felt in the August elections of 1863. The governor, though a true and loyal man, was elected with the help of a disaffected party, and a disaffected element was elected to the legislature and to Congress. Six members of Congress from Alabama were said to be "unionists," that is, in favor of ending the war at once and returning to the Union.[321] A Confederate official who had wide opportunities for observation reported that the district (Talladega) in which he was stationed had been carried by the peace party under circumstances that indicated treasonable influence. Unknown men were elected to the legislature and to other offices by a secret order which, he stated, had for its object the encouragement of desertion, the protection of deserters, and resistance to the conscription laws. Some men of influence and position belonged to it, and the leaders were believed to be in communication with the enemy. The entire organization was not disloyal, but he feared that the controlling element was faithless. The election had been determined largely by the votes of stragglers and deserters and of paroled Vicksburg soldiers who, it was found later, had been "contaminated" by contact with the western soldiers of Grant's army.[322] By this he evidently meant that the soldiers had been initiated into the "Peace Society."