CHAPTER LVII.

Final Subjugation of the Confederate States (continued).--Slaves

declared free by Military Commanders in North Carolina.--Provisional

Governor.--Convention.--Military Commander.--Governor-elect turned

out.--His Protest.--Members of Congress admitted.--Proceedings in

South Carolina.--Arrest of Judge Aldrich.--Military Reversal of

Sentence of the Court.--Post Commanders.--Jurors.--Proceedings in

Georgia.--President's Plan.--Plan of Congress enforced.--Other

Events.--Proceedings in Florida.--Rival Conventions.--Plan of

Congress enforced.--Proceedings in Alabama.--Suspension of Bishop

Wilmer by the Military Commander.--Military Authority.--Action of

Congress.--Proceedings in Mississippi.--Constitutionality of the

Act of Congress before the Supreme Court.--Remarks of Chief-Justice

Chase.--Military Arrests.--Removals.--The Chief-Justice of the

State resigns.--The So-called Constitution rejected.--Ames

appointed Governor.--Proceedings in Louisiana.--Plan of Congress

enforced.--Other Measures.--Arkansas.--Texas.--Opinion of the

United States Attorney-General on Military Commanders.--Consequences

that followed the Measures of Congress.--Increase in State Debts.--

Increase in Frauds and Crimes.--Examples.--Investigating Committees

of Congress.--The Unalienable Rights of Man.--The Sovereignty of

the People and the Supremacy of Law gone.

In the preceding chapter the reader will find a narration of the

series of measures, adopted by the Government of the United States,

to complete the final subjugation of the State of Virginia. The same

series was applied, in the same order, to each of the Confederate

States. It is, therefore, unnecessary to repeat the narration of

these details in their application to the other States. But there

were some concurrent incidents and some flagrant outrages in each one

which should be stated, in order to afford a full and comprehensive

view of the universal denial of unalienable personal rights, the

destruction of civil institutions, the disregard of laws, and the

cruel and ignominious treatment, inflicted by the authority of the

Government of the United States upon individuals in every part of the

Southern country.

In North Carolina, immediately on the cessation of hostilities, the

Federal General issued an order, declaring that "all persons

heretofore held in the State as slaves are now free, and that it is

the duty of the army to maintain the freedom of such persons."

Another order was then issued, defining and regulating the relations

of the freedmen and whites. President Johnson issued his proclamation

on May 29th, appointing a provisional Governor, W. W. Holden, as in

the case of Virginia. On August 8th the Governor issued his

proclamation for an election of delegates to a State Constitutional

Convention on September 12th, and stated who would be permitted to

vote, and the manner of election. The election was held, and the

so-called Convention assembled on October 2, 1865. Its first act

declared the uninterrupted existence of the State in the Union, and

that the ordinance of secession was null and void. The next

prohibited slavery. The payment of the debt contracted during the

war, by any future Legislature, was forbidden. The repeal of the

secession ordinance and the prohibition of slavery were ratified by

the people. An election for State officers and members of Congress

was held in November, and those who had taken the amnesty oath were

the voters. The so-called Legislature-elect held a session and

ratified the amendment to the United States Constitution prohibiting

slavery. On December 23d the Governor-elect (Worth) was inaugurated,

and the provisional Governor retired, acknowledging Worth to be the

legal and "loyal" Governor. Thus the State was subjugated on the plan

of President Johnson.

The affairs of the State were thus conducted until the military acts

of Congress went into operation, and on March 23, 1867, Major-General

Sickles issued his order assuming command. On April 11th he issued an

order for the relief of debtors, by prohibiting imprisonment for

debt, and ordering the stay of all proceedings for the collection of

debts for twelve months. Writs of execution issuing out of the United

States Circuit Court were not allowed to be served by the military

commander at Wilmington. The question was taken to the Attorney-General

at Washington, and General Sickles appeared in his own defense. It was

decided by the acting Attorney-General to be "simply a case of a high

misdemeanor, legally contemplated." General Sickles was removed, and

Major-General Canby succeeded. The State registration was completed

In October, and contained the names of 103,060 whites and 71,657 blacks.

The so-called election for a Convention was held in November, and the

Convention assembled on February 14, 1868. The Bill of Rights adopted

contained similar clauses to the one adopted by the Virginia Convention.

The Constitution was ratified, and State officers, members of the

Legislature, and representatives to Congress were elected on April

23d. The vote for the Constitution was 93,118; against it, 74,109.

The so-called Republicans had a majority of seventy on joint ballot

in the Legislature.

The State officers elected under the plan of President Johnson had

continued in the peaceful administration of their duties. Therefore,

on the day of the inauguration of the newly-elected Governor (Holden)

the existing Governor (Worth) made a spirited protest, saying:

"I do not recognize the validity of the late election, under which

you and those coöperating with you claim to be invested with the

civil government of the State. You have no evidence of your election,

save the certificate of a major-general of the United States Army. I

regard all of you as, in effect, appointees of the military power of

the United States, and not as deriving your powers from the consent

of those you claim to govern. Knowing, however, that you are backed

by military force here, which I could not resist if I would, I do not

deem it necessary to offer a futile opposition, but vacate the office

without the ceremony of actual eviction, offering no further

opposition than this, my protest. I would submit to actual expulsion

in order to bring before the Supreme Court of the United States the

question as to the constitutionality of the legislation under which

you claim to be the rightful Governor of the State, if the past

action of that tribunal furnished any hope of a speedy trial. I

surrender the office to you under what I deem military duress,

without stopping, as the occasion would well justify, to comment on

the singular coincidence that the present State government is

surrendered, as without legality, to him whose own official sanction,

but three years ago, declared it valid.

"I am, very respectfully,

"JONATHAN WORTH,

"_Governor of North Carolina._"

The so-called Legislature assembled on the appointed day, and the

fourteenth amendment to the Constitution of the United States was at

once ratified, and on July 11, 1868, the President announced by

proclamation that "North Carolina had complied with the conditions

prescribed by Congress for her restoration to an equal place in the

Union of States."

In South Carolina, proceedings were commenced on June 20, 1865, when

President Johnson issued a proclamation similar to the one in the

case of Virginia, and appointed Benjamin F. Perry as provisional

Governor of the State. He continued all persons in office on taking

the amnesty oath, and all laws in force prior to the secession of the

State were maintained except those conflicting with the proclamation;

delegates to a so-called State Convention were elected on the first

Monday of September, and the Convention assembled on the 13th to

amend the State Constitution. The ordinance of secession was repealed

and slavery abolished. Blacks were made witnesses in all cases where

the rights or property of persons of that class were involved. An

election of State officers and a so-called Legislature were held. The

latter convened on October 25th. The thirteenth amendment to the

Constitution of the United States prohibiting slavery was ratified.

On November 29th the provisional Governor retired, and the so-called

Governor-elect (Orr) was inaugurated. The work of the Legislature was

very complete. The courts were open to all persons, with equal civil

rights, without distinction of color, and Major-General Sickles,

commander of the Military Department of North Carolina and South

Carolina, ordered all civil and criminal cases to be tried before

them in which the parties were civilians. Previous to this order, and

after the cessation of hostilities, provost-marshals and military

courts were detailed for duty all over the State. These officers knew

only the law martial, and generally very little of that; and took

jurisdiction of all cases both civil and criminal, occasioning great

annoyance, expense, and vexation, deciding as their prejudice,

caprice, or ignorance suggested. After the completion of the

so-called State government, however, the vacancies on the bench were

filled, and the courts opened throughout the State.

Still the people were made to feel that the military hand was over

all. A case occurred in the court in Charleston, before Judge A. P.

Aldrich, in which a white man was indicted for petty larceny, tried,

and found guilty. The punishment prescribed by the law of the State

for this offense was whipping. To this punishment the offender was

sentenced. On the next day an armed soldier came to the court-house

inquiring for the Judge, who was absent. To an inquiry of the sheriff

as to his business, he replied that he was ordered to require the

Judge to report at General Bennet's headquarters, who was the

military commander of the district. On the next day another soldier

in full uniform came to the lodgings of the Judge with a note from

the General requesting the former to report at headquarters.

The reply of the Judge was: "As I have no business with you, I

decline to report. If you have business with me, it will give me

great pleasure to receive you."

On the next day an adjutant appeared saying: "The General is very

much engaged, and asks you to come to his office. I will wait your

convenience."

"I see I am under arrest," replied the Judge. "I will go now."

The adjutant, in full uniform, escorted him through the most public

parts of the city to headquarters, and, entering the office,

announced him. The General was sitting, with his cap on, and writing.

After some time, having finished, he looked up and said, "Sit down,"

adding, "That was a curt note you sent to me yesterday."

"No, sir," answered the Judge, "I intended it to be respectful, but,

as I had no business with you, I did not see why I should be required

to come to your office."

"Do you dispute the authority of the United States Government?" asked

the General, tartly.

"No, sir; I am here in obedience to that authority, but I have always

supposed that, as a mere matter of courtesy, when one gentleman has

business with another, he calls on him. As a matter of etiquette, I

believe a Judge of the Superior Court of a State is equal in rank to

a brevet brigadier-general."

"We will not discuss the question of rank," replied the General, "but

General Sickles requests you to revoke your sentence of the other day

and impose some other penalty."

The Judge replied: "I do not impose the penalty; it is the law, and I

have no discretion."

He then explained the law, and said there was no relief except by a

pardon of the Governor, or by taking the prisoner out of the custody

of the sheriff. A few days after, the prisoner was taken from the

custody of the Sheriff and discharged. The proceeding was brought to

the knowledge of the so-called Governor, who applied to General

Sickles to suspend his order, but the latter declined; whereupon the

Judge, then at Columbia, to hold the court of the circuit, declared

that he would adjourn the court and not proceed on his circuit; that

he would not go through the farce of holding a court when judgments

and sentences could be arrested and prevented by military order. He

then adjourned the court, and passed an order refusing to hold courts

while the military order was in force. General Sickles also issued an

order reversing a judgment of the Supreme Court. The President about

the same time countermanded a like order of the General in North

Carolina, and the Judge resumed his duties.

Under the act of Congress of March 2, 1867, the State was divided

into ten military districts, and a post commander appointed for each.

All local officers, who were regularly elected by the people, were to

be appointed by these commanders. Military orders were issued from

time to time containing social regulations, etc. One on the subject

of criminal arrests and trials required all sheriffs, marshals, and

police officers to report to the Provost-Marshal-General of the

district, their names, residence, official station, salary, and the

authority by which they were appointed; also to investigate and

report all particulars of any crime committed, to the

Provost-Marshal-General, setting forth name, residence, and

description of the offender with the nature of the offense, and steps

taken to secure punishment. Sheriffs were directed to make a full

report of the condition of all jails and prisons within their

jurisdiction. All civil officers in charge of any jail, prison, or

workhouse, were required to make full monthly reports of each inmate

under their care. All sheriffs, constables, and police officers were

required "to obey and execute the lawful orders of the

Provost-Marshal-General, to the same effect as they are required by

law to obey and execute writs, warrants, or other process issued by

civil magistrates," and any resistance or refusal to execute the same

subjected the offender to trial by military commission.

Details of the plan to be followed in making the registration were

fully laid down, and the order then contained the following

instructions:

"Boards will take notice that, according to section 10 of the act of

July 19, 1867, they are not to be bound in their action by any

opinion of any civil officer of the United States.

"Boards are instructed that all the provisions of the several acts of

Congress cited are to be liberally construed, to the end that all the

intents thereof be fully and perfectly carried out.

"It is made the duty of the commanding General to remove from office

all persons who are disloyal to the Government of the United States,

or who use their official influence in any manner to hinder, delay,

prevent, or obstruct the due and perfect administration of the

reconstruction acts."

On September 5, 1867, Major-General Canby took command. General

Sickles, on announcing his retirement, said:

"The undersigned avails himself of the occasion to acknowledge the

fidelity and zeal with which the officers and troops under his

command have discharged their duties."

The question of the qualification of jurors now became important.

General Canby issued an order on September 13th, which required the

jurors to be drawn from the "qualified voters," which included the

newly emancipated slaves. The Judges met, and sent a respectful

request to the General to change the order to conform to the law of

the State. By the jury law, as it then stood, no person was qualified

to serve as a juror unless he was a free white man, twenty-one years

of age. The Judges were sworn to enforce this law and the

Constitution of the State. No notice was taken of the application. At

the next court in Edgefield, Judge Aldrich, charging the grand jury,

brought to their notice the order, the law and the Constitution, and

the oath of office, and then declared "he could not and would not

obey the order." On going to open the court a few days after, the

adjutant of the post delivered to him a military order suspending him

from office. He proceeded and opened the court, read the order and

stated the circumstances, and, laying aside his gown, directed the

sheriff "to let the court stand adjourned while justice is

stifled." [131] The major-general appointed another Judge to the

vacancy.

The registration of voters was completed in the middle of October,

and amounted to 46,346 whites and 78,982 blacks. The vote on a State

Convention was taken on November 19th and 20th, and resulted, for the

Convention, 130 whites and 68,876 blacks; against the Convention,

2,801 whites. The delegates were 34 whites and 63 blacks. The

Convention assembled on January 14, 1868. The Bill of Rights

contained provisions similar to that of Virginia, and the

Constitution was made to conform to the will of Congress. The

ratification of the Constitution, and the election of State officers

and a Legislature, took place on April 14, 15, and 16, 1868. The vote

for the Constitution was 70,758; against it, 27,288; not voting, but

registered, 35,551. The Legislature, with a majority of forty-eight

blacks, assembled on July 6th. The fourteenth constitutional

amendment was adopted, and the construction of the State by Congress

was completed practically on July 13, 1868.

In Georgia, on the cessation of hostilities, the Governor issued a

proclamation calling a session of the Legislature. But the commanding

General issued an order declaring the proclamation to be null and

void. Another military officer, in a letter to the Governor, stated

that he was instructed by the President to say to him, that "the

persons who incited the war and carried it on will not be allowed to

assemble at the call of their accomplice to act again as the

Legislature of the State, and again usurp the authority and

franchises. In calling the Legislature together again, without the

permission of the President, you have perpetrated a fresh crime; and,

if any person presumes to answer or acknowledge your call, he will be

immediately arrested." The military authorities of the United States

then took the control of affairs until the appointment of James

Johnson, on June 17th, by the President, as provisional Governor of

the State, by a proclamation similar to the one issued in the case of

Virginia. On July 13th he issued a proclamation prescribing the

regulations for a State Convention. Provost-marshals had been

stationed all over the State to regulate local affairs, and the laws

in force previous to 1861 were ordered to be enforced. Delegates were

elected on October 4th, and the so-called State Convention assembled

on October 25th. The ordinance of secession was repealed. The payment

of the war debt was prohibited. The emancipation of the slaves was

expressly recognized, and a so-called election for State officers,

members of the Legislature and of Congress, was appointed to be held

on November 15th. The Legislature assembled on December 4th, and

unanimously adopted the thirteenth amendment to the Federal

Constitution, prohibiting the existence of slavery. Charles J.

Jenkins, Governor-elect, was inaugurated, and on December 19, 1865,

the provisional Governor relinquished the conduct of the State

affairs to the constituted authorities. The Freedmen's Bureau Act and

the Civil Rights Act of Congress were enforced by the military

authorities.

The State Legislature again assembled on November 1, 1866. The

ratification of the fourteenth amendment to the Constitution of the

United States was repassed to a joint committee of each House, which

reported a resolution to refuse to ratify the same. In the Senate it

was adopted unanimously, and in the House by a vote of 132 to 2. On

April 1, 1866, Major-General John Pope assumed command in the third

military district, containing Georgia, Florida, and Alabama. An

unsuccessful effort was made by the State at this time to bring the

question of the constitutionality of the "reconstruction" acts of

Congress before the Supreme Court. Governor Jenkins took part in the

application to the Supreme Court, and, while at Washington, issued an

address to the people of the State, urging them to take no action

under the laws. He was called upon to make an explanation on his

return by General Pope, as parts of the address were declared in

violation of the military order of the latter. But as the so-called

Governor had not seen the order, his offense was excused. A mayor and

aldermen for Augusta were appointed by General Pope; also the sheriff

and deputy for Bartow County, and other officers.

An order was issued that jurors should be selected from the list of

qualified voters. Judge Reese, of Ocmulgee District, wrote to General

Pope, declaring that, under his oath to sustain the laws, he could

not conform to the order. General Pope replied with an attempt to

show him that he owed allegiance, first of all, to the authority of

the United States, as represented by the military power in the State.

The argument was of no avail, and the Judge was prohibited from

holding court.

The registration of votes was completed early in September, The

number registered was 188,647, and the whites had a majority of about

2,000. The election of delegates to the State Convention took place

from October 29th to November 3d. Of the delegates, 133 were whites

and 33 blacks. The Convention assembled on December 13th, and soon

adjourned to January 8, 1868. Meantime, Major-General Meade had

relieved General Pope as military commander. The Convention, before

this adjournment, ordered the Comptroller to levy a tax to pay its

expenses, and directed the State Treasurer to advance forty thousand

dollars for its pay and mileage. The ordinance was sent to the

Treasurer, endorsed with instructions from General Pope to pay. The

Treasurer refused to advance the money, as he was prohibited by the

Constitution to do so, except on the warrant of the Governor. General

Meade requested the Governor to issue the warrant. He replied that

the Constitution forbade any money to be drawn from the Treasury

except on an appropriation, whereupon General Meade removed both

officers, and appointed others.

The provisions required by the acts of Congress were adopted in the

so-called new Constitution. At the same time, certain provisions were

inserted, which were intended to afford relief to the people. The

Convention, therefore, by resolution, requested General Meade to

require the courts to enforce them "until the State was restored to

its regular relations with the United States, and the State

organization was in full force." An order was, therefore, issued by

the General requiring the courts and officers of the State government

to enforce the provisions, in all respects, the same as if they had

regularly taken effect. One of the Judges, having refused to comply

with this order, was removed by General Meade.

The so-called election on the Constitution, and for State officers,

and Legislature, and members of Congress, was held on April 20th and

following days. The State Constitution was declared to be ratified;

Rufus W. Bullock, the so-called Republican candidate, was declared to

be elected Governor by a majority of seven thousand votes. The

Legislature assembled on July 4, 1868, with three Senators and

twenty-five Representatives who were negroes. The fourteenth

amendment to the Federal Constitution was adopted, and all the

conditions of Congress were fulfilled; and on July 28, 1868, she was

declared to be restored to the Union. Subsequently it appeared that

the State Convention had made no provision which could be construed

as expressly giving the black man a right to hold office, and all

these members were expelled from the Legislature. The matter was

taken up by Congress, and the State was not fully recognized as in

the Union until 1870.

The proceedings in Florida commenced with the usual proclamation of

President Johnson. It was issued on July 13, 1865, and appointed

William Marvin provisional Governor of the State. On August 3d he

issued a proclamation prescribing such rules and regulations as were

deemed necessary for the choice of members of a so-called State

Constitutional Convention, and appointed October 10th for the day of

election, and October 25th as the day on which the delegates should

meet. They "annulled" the secession ordinance, passed an ordinance

prohibiting slavery, with a preamble in these words: "_Whereas_,

slavery has been destroyed in this State by the Government of the

United States; therefore," etc. Another ordinance declared void the

liabilities contracted for the war. Freedmen were made competent

witnesses in any matter wherein a colored person was concerned. An

election of State officers, of the members of the Legislature, and of

Representatives in Congress, was ordered to be held on November 29th,

and the Legislature were required to meet on December 18th. Governor

David S. Walker was inaugurated on December 21st, and on January 18,

1866, the provisional Governor surrendered the conduct of the State

to the so-called constitutional authorities. At this session of the

Legislature, the Lower House unanimously refused to ratify the

fourteenth amendment to the Constitution of the United States. The

military rule which has prevailed in local affairs was relaxed on

April 27, 1866, and all civilians under military arrest were turned

over to the civil authorities for trial.

On April 1, 1867, Major-General Pope assumed command under the act of

Congress of March 2d. On June 18th a superintendent of registration

was appointed, and the conditions for the registration of voters were

prescribed. The result of the registration was 11,148 whites and

15,434 blacks. The election of delegates to the so-called State

Constitutional Convention was held on November 14th, 15th and 16th,

and on January 20, 1868, the Convention assembled, and contained

seventeen blacks as members. A disgraceful quarrel arose in the

Convention, and twenty members absented themselves. The twenty-one

remaining claimed to be a quorum, and formed a Constitution, and

adjourned. The absentees then returned, and, with three or four from

the other side, organized and proceeded to form a Constitution. The

others appeared and claimed their seats. Great disorder prevailed,

but by the intervention of Major-General Meade, and by putting in the

chair his sub-commander, some degree of order was restored, and such

an arrangement effected that the second Constitution was completed.

All the requisite measures under it were adopted, and on June 29th,

the surrender of the so-called government of the State by the

military power of the United States to the civil authority was made.

The political quarrel continued long afterward.

In Alabama the proclamation of President Johnson was issued on June

21, 1865, by which Lewis C. Parsons was appointed provisional

Governor and the usual proceedings prescribed. On July 20th the

Governor issued a proclamation, which renewed the powers of the

persons holding the township offices in the State; called a State

Constitutional Convention to assemble on September 10th, and

reordained the civil and criminal laws, except those relating to

slaves, as they existed previous to 1861, and prescribed other

regulations. A peaceful election was held, and the delegates to the

so-called Convention assembled and took an oath to support the

Constitution of the United States and the Union thereof, and all

proclamations relative to the emancipation of slaves. Slavery was

prohibited, the war debt declared void, and the secession ordinance

repealed. An election for State officers, members of the Legislature,

and Representatives in Congress, was ordered on the first Monday of

November. The new Constitution was not submitted to a vote of the

people on account of the delay it would occasion. Robert M. Patton

was elected Governor, and the Legislature assembled on November 20th.

The amendment to the Constitution of the United States prohibiting

the existence of slavery was ratified, and on December 18, 1865, the

provisional Governor surrendered the conduct of the affairs of the

State to the Governor-elect.

During the existence of the Confederate Government, the Protestant

Episcopal Church South was established, and the prayer for the

President of the United States and all in civil authority, in the

"Book of Common Prayer," was changed to one for the Confederate

authorities. Upon the restoration of the authority of the United

States, the prayer for the President was omitted altogether, by the

recommendation of Bishop Wilmer; whereupon Major-General Woods issued

an order by which the Bishop and all his clergy in the diocese of

Alabama "were suspended from their functions and forbidden to preach

or perform divine service." The order was subsequently set aside by

President Johnson.

At the session of the Legislature in November, 1866, the fourteenth

amendment to the United States Constitution was rejected by an

overwhelming majority.

On assuming command of the Third Military Division under the act of

Congress of March 2, 1867, Major-General Pope assigned Major-General

Swayne to the "administration of the military reconstruction bill" in

Alabama. On April 8th the order directing the proceedings in the

registration of voters was issued. Special instructions were issued,

as in all the other States, to boards of registers which declared

that clerks and reporters of the Supreme Court and inferior courts,

and clerks to ordinary county courts, treasurers, county surveyors,

receivers of tax-returns, tax-collectors, tax-receivers, sheriffs,

justices of the peace, coroners, mayors, recorders, aldermen,

councilmen of any incorporated city or town, who were ex-officers of

the Confederacy, and who, previous to the war, occupied these offices

and afterward participated in the war, were all disqualified and not

entitled to registration. Meantime the municipal officers were

removed in several places, and in the city of Mobile the police

administration was suspended and the maintenance of public order

assumed by the commander of the military force. Finally, the chief

officers and councilmen of the city were removed, and others

appointed by the district commander.

The registration was completed in August, and amounted to 72,748

whites and 88,243 blacks. The vote on the Convention and for

delegates was given on the first three days of October. A hundred

delegates were chosen, of whom ninety-six were "radicals"--seventeen

of them were blacks. On November 5th the so-called Convention

assembled and adopted all the amendments required by the act of

Congress. The election for the ratification of the Constitution, for

State officers, members of the Legislature, and Representatives in

Congress, was held on February 4, 1868. A majority of all the

registered vote was required to ratify the Constitution, which was

85,000. The vote cast was 75,000.

On June 20, 1868, Congress passed an act which declared that each of

the States of North Carolina, South Carolina, Georgia, Florida,

Alabama, and Louisiana, should be admitted to representation when its

Legislature had ratified the fourteenth amendment to the Constitution

of the United States, and farther, "upon the fundamental condition

that the Constitution of neither of said States shall ever be so

amended or changed as to deprive any citizen, or class of citizens,

of the United States of the right to vote in said State, who are

entitled to vote by the Constitution thereof, herein recognized,

except as a punishment for crime," etc.

The so-called State Legislature assembled on July 13th, and Articles

XIII and XIV as amendments to the Constitution of the United States

were ratified. The conduct of the affairs of the State was now

transferred by General Meade to the new civil authorities.

Mississippi, immediately after the cessation of hostilities, was

occupied by a military force of the United States. Meantime the

Governor called an extra session of the Legislature, and made

provision for a Constitutional Convention; but these measures were

set aside by the proclamation of President Johnson, on June 13th,

appointing William L. Sharkey provisional Governor. The system of

measures embraced in the plan of the President for the restoration of

the Confederate States to the Union was immediately commenced and

completed in the election of Benjamin G. Humphreys for Governor, with

the other State officers, members of the Legislature, and

Representatives in Congress.

The fourteenth amendment of the Constitution was unanimously rejected

by the Legislature in January, 1867.

Under the act of Congress of March 2, 1867, Major-General Ord assumed

command of the Fourth Military Division, consisting of Mississippi

and Arkansas. Governor Humphreys sought immediately to bring the

question of the constitutionality of this act before the United

States Supreme Court. Arguments were heard upon it by the Court. The

motion was to enjoin and restrain President Johnson and Major-General

Ord from executing the act and supplements. It was denied, and

Chief-Justice Chase, on delivering the opinion, said:

"If the President refuses obedience, it is needless to observe that

the Court is without power to enforce its process. If, on the other

hand, the President complies with the order of the Court, and refuses

to execute the act of Congress, is it not clear that a collision may

occur between the executive and the legislative departments of the

Government? May not the House of Representatives impeach the

President for such refusal?"

Major-General Ord, immediately after assuming command, proceeded to

organize boards for the registration of voters and prescribe their

qualifications and disqualifications. The latter were so numerous as

to embrace, in all these States, every white who had voluntarily done

the most simple act to aid or favor any person engaged in the

Confederate service, or had incited, by words, others to render such

aid, while the entire class of blacks were not disqualified by such

acts, as it was assumed that they were done by compulsion. Thus the

aim and end of registration, after this manner, in a State, were to

throw the entire political power into the hands of the negroes.

Orders were now issued directing the military to coöperate with the

civil officers to break up the crime of horse-stealing, to secure to

labor its share of the crops, and to protect debtor and creditor from

sacrifices by forced sales; to suspend for a time certain sales under

execution; to prohibit interference with the legal tenant; to

ascertain if distillers had paid their taxes; to investigate

complaints made by citizens of persecution by civil authorities; to

notify State and municipal officers of the laws of Congress for the

organization of their governments on the basis of suffrage without

regard to color; to subordinates of the Freedmen's Bureau to

investigate all charges against landholders; to require supervisors,

inspectors, and boards of registration to obtain the names of

suitable persons, white or black, to act as clerks and judges of

elections; to close strictly all bar-rooms and saloons for the day

when political meetings were held; to remove the city marshal, three

justices of the peace, and four members of the City Council of

Vicksburg; to appoint other persons to fill the vacancies, who were

required to take the test oath of Congress; to forbid the assembling

of bodies of citizens under any pretense; to transfer the papers to a

military commission whenever a person who had been in the Federal

service was indicted and apprehended an unfair trial; to notify

overseers of the poor that any neglect to provide for colored paupers

would be regarded as a neglect of duty, etc.

The roistered names amounted to 46,636 whites and 60,167 blacks. The

military appointment for delegates to the Convention was such as to

give to thirty-two counties, having small colored majorities, seventy

of the representatives, and to twenty-nine counties, having small

white majorities, thirty representatives. On November 5th the

election was held, and the so-called Convention assembled on January

8, 1868. The ordinance of secession was declared null and void; the

existence of slavery prohibited; payment of the war debt forbidden;

universal suffrage established, excepting only criminals; an election

to ratify the Constitution and for the election of State officers, a

Legislature, and Representatives in Congress, was ordered to be held

on June 22d, and a large number of radical amendments adopted. At the

election the Constitution was rejected by a majority of 7,629. The

opposition candidate was also elected Governor.

On October 1, 1867, the Chief-Justice of the State, A. H. Handy, sent

his resignation to the Governor. He said:

"It is apparent that the character and dignity of the Court can not

be maintained, and that its powers must be held and exercised in

subordination to the behests of a military commander."

On December 28, 1867, Major-General Ord was succeeded by

Major-General McDowell. On June 15th the latter issued an order

removing Governor Humphreys and appointing Major-General A. Ames to

the vacancy. Governor Humphreys declined to vacate the office, saying

that the attempt to remove him was a "usurpation of the civil

government of Mississippi, unwarranted by and in violation of the

Constitution of the United States." A squadron of soldiers was sent

by the military commander of the post, which marched in and took

possession of the office. The house of the Governor was then demanded

for the new incumbent of the office. As Governor Humphreys refused to

vacate it, a file of soldiers came and ejected him.

After the rejection of the so-called new Constitution, its friends

applied to Congress, as the sovereign, to throw out the vote of

several counties and declare the Constitution to be adopted. This

action was recommended on the ground, as they said, that the election

had not been fairly conducted, and that violence and intimidation

had, in many parts of the State, prevented a full and just vote. The

Constitution was defeated, not, as thus alleged, by fraud and

intimidation, but distinctly for the reason that it was more

vindictive in its spirit than the people, white or black, would

tolerate, and more prescriptive in its provisions than the acts of

Congress required.

In March, 1869, the provisional Governor of the State, Major-General

A. Ames, was made the military commander of the Fourth Military

District. At the same time a joint resolution was passed by Congress,

which ordered that all persons holding office in Mississippi, who

could not take the test-oath prescribed in 1862, should be removed

from office. By the aid of this weapon it was expected that General

Ames would make the State organization so-called Republican.

Meanwhile Congress passed an act which authorized the President to

submit the Constitution of the State to another election by the

people, with a separate vote on its objectionable section.

Preparations for this election were commenced by the issue of an

order of the military commander prescribing stringent regulations

relative to the requisites of voters for registration. The election

was held on November 30 and December 1, 1869, and the Constitution

was ratified. The vote against disfranchising citizens for serving

under the Confederacy during the war was almost unanimous. The

so-called Legislature assembled on January 11, 1870. The fourteenth

and fifteenth amendments of the United States Constitution were

adopted, and on February 12th an act of Congress was passed by which

the State was permitted to be represented in that body.

At the beginning of 1865 Louisiana was under the State government

constructed by General Banks, as has been stated in previous pages.

It occupied New Orleans, and extended its control to the extremity of

the military lines. Within this limit it was treated practically as a

restored portion of the Union. The United States military draft was

enforced. Much disorder in civil affairs prevailed, and some serious

disturbances occurred up to the time when Congress undertook its plan

of restoration. There was, in fact, a military rule during all that

period. On March 19, 1867, Major-General Sheridan was assigned to the

command of the Fifth Military District, embracing Louisiana and

Texas, in accordance with the act of Congress of March 2d. By this

act the existing State government was "declared to be only

provisional, and subject to be abolished, modified, controlled, or

superseded." Major-General Sheridan began his proceedings with the

removal of certain obnoxious officials who were, in his opinion,

dangerous to the peace of the community. The registration of voters

was ordered to commence on May 1st. To an application to General

Grant, the commander-in-chief, for more definite instructions, by

Major-General Sheridan, the former replied on June 28th:

"Enforce your own construction of the military bill, until ordered to

do otherwise."

The Legislature having appropriated four million dollars for the

repairs of levees, and appointed a board to discharge the duties,

Governor Wells became dissatisfied with their action, and appointed

another board. Disputes arising between the two boards, Major-General

Sheridan removed both, and appointed a third, and enforced its

authority. In April, Major-General Sheridan, writing to General

Grant, said:

"I fear I shall be obliged to remove Governor Wells, of this State,

who is impeding me as much as he can."

General Grant replied:

"I would advise that no removals of Governors of States be made at

present. It is a question now under consideration whether the power

exists, under the law, to remove, except by special act of Congress,

or by trial under the sixth section of the act promulgated in Orders

33 (act of March 2d)."

On June 3d Major-General Sheridan issued an order, removing the

so-called Governor, saying that, "having made himself an impediment

to the faithful execution of the act of Congress of March 2d, by

directly and indirectly impeding the General in command in the

faithful execution of the law," etc., Benjamin F. Flanders was

appointed to fill the vacancy.

The registration ceased on July 31st, with the names of 44,732 whites

and 82,907 blacks. Extensive removals from office were now made--

among others, twenty-two members of the City Council of New Orleans,

also the city treasurer and city surveyor, a justice of peace,

sheriff, etc. On August 17th Major-General Sheridan was relieved, and

Major-General Hancock succeeded. "Impediments to reconstruction under

the laws of Congress" continued to be removed, and other persons

assigned to their places.

The election for delegates to the so-called Convention was held on

September 27th and 28th, and that body assembled on November 23d. The

measures required by the act of Congress were adopted, and an

election for its ratification and for State officers, and a

Legislature, was held on April 17th and 18th. The Constitution was

ratified, and the State officers and members of the Legislature were

elected. Meantime Major-General Hancock was relieved, and succeeded

by Major-General Buchanan.

After the election, the registrars of the State proposed to install

the newly elected officers under the provisions of an ordinance of

the Convention. But they were notified by Major-General Buchanan that

it could not be done without permission. To avoid any question as to

the persons who should hold the offices of so-called Governor and

Lieutenant-Governor after the meeting of the Legislature, the

district commander was directed by General Grant to remove the former

incumbents by military order and set up the individuals lately

elected as their successors. This was done on June 27th, and on the

29th the so-called Legislature assembled in pursuance of a notice

from the commanding General. The fourteenth amendment to the United

States Constitution was adopted; and, as by the act of Congress of

June 25th, Louisiana had been restored to representation in that

body, the commanding General on July 13, 1868, transferred the

administration of civil affairs to the State officers.

I will not pursue these odious details further. Suffice it to say

that Texas and Arkansas, having passed through the same military

process as their sister Confederate States, were admitted to

representation in Congress, the former in 1870 and the latter in 1868.

It will be seen that the power usurped by Congress was without a

limitation, and extended to all the political, civil, and social

relations. Many of the military commanders seem to have regarded

their authority as equally comprehensive. The Attorney-General of the

United States, in his official opinion on these acts of Congress,

addressed to the President on June 12, 1867, says:

"It appears that some of the military commanders have understood this

grant of power as all-comprehensive, conferring on them the power to

remove the executive and judicial officers of the State, and to

appoint other officers in their places; to suspend the legislative

power of the State; to take under their control, by officers

appointed by themselves, the collection and disbursement of the

revenues of the State; to prohibit the execution of the laws of the

State by the agency of its appointed officers and agents; to change

the existing laws in matters affecting purely civil and private

rights; to suspend or enjoin the execution of the judgments and

decrees of the established State courts; to interfere in the ordinary

administration of justice in the State courts, by prescribing new

qualifications for jurors; and to change, upon the ground of

expediency, the existing relations of the parties to contracts,

giving protection to one party by violating the rights of the other

party."

Many instances are then related by the Attorney-General to confirm

his statements. Some of these are worthy of the attention of the

reader, although they may have been mentioned on a preceding page. In

one district the so-called Governor of a State was deposed under a

threat of military force, and another person, called a Governor,

appointed by the military commander to fill the place--thus

presenting the strange spectacle of an official intrusted with chief

power to execute the laws of a State, whose authority was not

recognized by the laws he was called on to execute.

In the same district a Judge was, by military order, ejected from his

office, and a private citizen was appointed Judge in his place by

military authority, and exercised criminal jurisdiction "over all

crimes, misdemeanors, and offenses" committed within the territorial

jurisdiction of the court. This military appointee was certainly not

authorized, as a member of a military tribunal, to try any one for an

offense; and he had just as little authority, as a Judge of a

criminal court of the State, to try and punish any offender. This

person was sole judge in a criminal court whose jurisdiction extended

to the life of the accused. In capital cases he might well change

places with the criminal, for, if the latter had unlawfully taken

life, so too did the Judge.

In another district, a military order commanded the nominal Governor

of the State to forbid the assembling of the Legislature, and thus

suspended the proper legislative power of the State. In the same

district an order was issued "to relieve the Treasurer of the State

from the duties, bond, books, papers, etc.", appertaining to his

office, and to put an "assistant quartermaster of the United States

Volunteers" in place of the removed Treasurer. The duties of this

quartermaster-treasurer were thus summed up: He was to make to the

headquarters of the district "the same reports and returns required

from the Treasurer, and a monthly statement of the receipts and

expenditures; he will pay all warrants for salaries which may be or

become due, and legitimate expenditures for the support of the

Penitentiary, State Asylum, and the support of the provisional State

government; but no scrip or warrants for outstanding debts of other

kind than those specified, will be paid without special authority

from these Headquarters. He will deposit funds in the same manner as

though they were those of the United States." These instances will

suffice, although many more might be related.

Illegal, unjust, and vindictive as were these gross usurpations of

the Congress of the United States in their immediate results, the

consequences which followed were still more disastrous. When the late

Confederate States were restored to representation in Congress, a

large portion of their white citizens remained disfranchised, and the

political power of each was in the hands of the blacks and the

remnant of the whites. Nor was the military force withdrawn, but it

was placed in convenient localities, under the pretext of maintaining

order, but in reality to sustain the new rulers. It must be manifest

that the sovereignty of the people was now extinct, and those ruled

who had the bayonets on their side. With the disfranchised were the

intelligence, the virtue, and the political experience; with the

voters were the ignorance, the lawless passions, and soon a body of

political adventurers from the Northern States, greedy for power and

plunder. These quickly won for themselves the distinctive epithet of

"carpet-baggers". The governments under the control of such popular

sovereigns demonstrated the vindictiveness rather than wisdom of

Congress, and soon brought forth their natural fruits of anarchy,

fraud, and crime. One or two examples must suffice in which to

exhibit these results.

The debt of the ten Confederate States in 1874 was as follows:

Virginia, funded and unfunded . . . . . . . . $45,718,119.73

North Carolina . . . . . . . . . . . . . . . 38,921,848.05

South Carolina . . . . . . . . . . . . . . . 9,866,627.35

Florida . . . . . . . . . . . . . . . . . . . 1,620,809.27

Georgia . . . . . . . . $8,105,500 funded

8,000,000 fraudulent 16,105,500.00

Alabama $10,452,593.30

15,051,000.00 railroad endorsement 15,503,593.30

Mississippi . . . . . . . . . . . . . . . . . 3,558,629.24

Louisiana . . . . . . . . . . . . . . . . . . 23,933,407.90

Texas . . . . . . . . . . . . . . . . . . . . 4,012,421.00

Arkansas . . . . . . . . . . . . . . . . . . 9,561,000.00

---------------

$148,801,955.80

It is not claimed that all this amount of indebtedness had been

accumulated since the close of the war. Some of the States had debts

previous to the war, but a large proportion of the amount had been

contracted by the spendthrift governments instituted by Congress, and

very little could be found to offset the expenditure.

Again, in Arkansas, on April 16th, Governor Brooks seized and

occupied the State-House with a body of armed men and two cannon. On

the same day, Governor Baxter proclaimed martial law, and marched

with a body of armed men from St. John's College to the Anthony

House, and established his headquarters there. Guards were placed

along the principal streets, and the State-House was completely

surrounded by a cordon of sentinels. Subsequently, he marched to

attack the State-House, but a body of troops belonging to the

Government of the United States appeared before it. Two so-called

Republican Governors of the State, with their troops, were about to

fight for the executive office.

In Louisiana, on January 4, 1875, a body of troops of the Government

of the United States, on the order of Governor W. P. Kellogg, marched

into the hall of the House of Representatives of the State

Legislature, while that body was in session, and forcibly seized and

took out five members as not entitled to seats. The General in

command (De Trobriand) then proceeded to eject the Clerk, and

arrested the proceedings of the House. When expostulated with by the

Speaker, he replied: "I am but a soldier. These are my orders." The

members then retired.

In Mississippi, on December 7, 1874, a serious conflict occurred in

Vicksburg between whites and blacks, which resulted in great loss of

life and caused a widely-spread alarm. It grew out of frauds

committed by public officers.

Again, during the exciting contest in Arkansas, the Congress of the

United States appointed a committee to investigate the affairs in

that State, and "whether said State had now a government republican

in form, the officers of which are duly elected, and, as now

organized, ought to be recognized by the Government of the United

States."

On December 24, 1874, the Congress of the United States appointed a

committee to proceed to New Orleans, and investigate the state of

affairs in Louisiana. This committee reported on January 14, 1875,

that "they could not agree upon any recommendation; but, upon the

situation in Louisiana, as it appeared before us, we are all agreed."

The same Congress, before its adjournment, appointed a committee to

proceed to Mississippi and make an investigation of the state of

affairs there. Thus committees were kept quite busy in traveling back

and forth to these States, and much of the time of Congress was

occupied in discussing their affairs, and in efforts to reconcile the

quarreling factions of so-called Republicans in them, to the great

detriment of the public interests.

Where now were the unalienable rights of man, and sovereignty of the

people, with their safeguards; a Constitution with limited powers,

the reserved rights of the States, and the supremacy of law equally

over both rulers and ruled? All were gone.

It will be seen that, through all these proceedings, the Government

of the United States controlled as the sovereign, and sovereignty of

the people was extinct. The measures adopted were those prescribed by

the Government of the United States; and, subordinate to these and

subject to the conditions of these, such others were permitted as the

necessities of the people required. Affairs were not in such disorder

when the Constitution of the United States was adopted. The uppermost

then had come to be the undermost now, and that which was nothing

then had grown to be over all now. Will it always be thus? Was the

inherent sovereignty of the people destroyed by shot and shell?

The intelligent reader must perceive that this invasion of the

natural and unalienable rights of man, the subjugation of the

sovereignty of the people, the monstrous usurpations of powers not

granted in the Constitution, the trampling under foot of the reserved

rights of the States, the disregard of the supremacy of law, and the

assumption of the sovereignty of the Government of the United States

as the corner-stone of our future political edifice, is a revolution

in our system of Government, deep-seated, reaching to the

foundations, and sending the poisonous waters of despotism throughout

all the branches fed from this fountain. The Confederate States

resisted it from the beginning. They drew their swords for the

sovereignty of the people, and they fought for the maintenance of

their State governments in all their reserved rights and powers, as

the only true and natural guardians of the unalienable rights of

their citizens, among which the most sacred is, that only the consent

of the governed can give vitality and existence to any civil or

political institution.

This overthrow of the rights of freemen and the establishment of such

new relations required a complete revolution in the principle of the

government of the United States, the subversion of the State

governments, the subjugation of the people, and the destruction of

the fraternal Union. The work has been done. Will it stand? Have the

eternal principles of the Declaration of Independence been hid from

our sight for ever? Or, will they again come forth, "redeemed,

disenthralled, regenerated," and rally the reunited people to shout

in thunder-tones for sovereignty of the people and the unalienable

rights of man?

It has been shown in previous pages that the State governments were

instituted to be the special guardians of these unalienable rights of

man; but henceforth they must be the sworn defenders of the

Government of the United States, not of the Constitution and laws

enacted in pursuance thereof, but of such interpolations and

perversions of them as, in cases of necessity, that Government should

find it convenient to make. Whenever it pleases, it can set them

aside; and, whenever it wills, it can destroy them. Unalienable

rights are unknown to this war-begotten theory of the Constitution.

The day has come in which mankind behold this Government founding its

highest claims to greatness and glory upon deeds done in utter

violation of those rights which belonged to its own citizens in every

State, North and South. The palladium of the freeman, the Bills of

Rights, the limitations of power, the written Constitutions, have all

lost their sacred authority, and not a man or a State dare,

single-handed, gainsay the will of the agency which, feeling power,

has forgotten right. It has put its hand on the ballot-box, and the

declaration is made that it is not safe to trust the people to vote,

except under the inspection of its authority, after the example set

by the Roman emperors. When the cause was lost, what cause was it?

Not that of the South only, but the cause of constitutional

government, of the supremacy of law, of the natural rights of man.

[Footnote 131: This incident in the conduct of the Judge recalls a like

exhibition of judicial purity and independence which occurred in the

colonial history of South Carolina, and which I present by extracts

from the charge of Judge William Henry Drayton, delivered November,

1774. Referring to the nature of the civil liberties of the Carolina

colonists, he said: "This is the distinguishing character: English

people can not be taxed, nay, they can not be bound by any law unless

by their consent, expressed by themselves or their representatives of

their own election. This colony was settled by English subjects; by a

people from England herself--a people who brought over with them,

who planted in this colony, and who transmitted to posterity the

invaluable rights of _Englishmen_--rights which no time, no

contract, no climate can diminish. . . . By all the ties which

mankind hold most dear and sacred; your reverence to your ancestors;

your love to your own interests; your tenderness to your posterity;

by the lawful obligations of your oath, I charge you to do your duty;

to maintain the laws, the rights, the Constitution of your country,

even at the hazard of your lives and fortunes.

"Some county judges style themselves the King's servants, a style

which sounds harshly in my ears, inasmuch as the being a servant

implies obedience to the orders of the master, and such judges might

possibly think that, in the present situation of American affairs, my

charge is inconsistent with my duty to the King. But for my part, in

my judicial character, I know no master but the law; I am a servant,

not to the King, but to the Constitution." . . . In the course of his

charge, he quotes a "learned judge" as saying: "Every new tribunal

erected for the decision of facts, without the intervention of a

jury, is a step toward aristocracy, the most oppressive of absolute

governments; and it is therefore a duty which every man owes to his

country, his friends, his posterity, and himself, to maintain to the

utmost of his power this valuable Constitution in all its rights, to

restore it to its ancient dignity, if at all impaired; to amend it

wherever it is defective, and, above all, to guard with the most

jealous circumspection against the introduction of new and arbitrary

methods of trial, which, under a variety of plausible pretenses, may

in time perceptibly undermine this best preservative of English

liberty."--("American Archives," Fourth Series, vol. i, pp. 959,

960.)]

CONCLUSION.

My first object in this work was to prove, by historical authority,

that each of the States, as sovereign parties to the compact of

Union, had the reserved power to secede from it whenever it should be

found not to answer the ends for which it was established. If this

has been done, it follows that the war was, on the part of the United

States Government, one of aggression and usurpation, and, on the part

of the South, was for the defense of an inherent, unalienable right.

My next purpose was to show, by the gallantry and devotion of the

Southern people, in their unequal struggle, how thorough was their

conviction of the justice of their cause; that, by their humanity to

the wounded and captives, they proved themselves the worthy

descendants of chivalric sires, and fit to be free; and that, in

every case, as when our army invaded Pennsylvania, by their respect

for private rights, their morality and observance of the laws of

civilized war, they are entitled to the confidence and regard of

mankind.

The want of space has compelled me to omit a notice of many noble

deeds, both of heroic men and women. The roll of honor, merely, would

fill more than the pages allotted to this work. To others, who can

say _cuncta quorum vidi_, I must leave the pleasant task of paying

the tribute due to their associate patriots.

In asserting the right of secession, it has not been my wish to

incite to its exercise: I recognize the fact that the war showed it

to be impracticable, but this did not prove it to be wrong; and, now

that it may not be again attempted, and that the Union may promote

the general welfare, it is needful that the truth, the whole truth,

should be known, so that crimination and recrimination may for ever

cease, and then, on the basis of fraternity and faithful regard for

the rights of the States, there may be written on the arch of the

Union, _Esto perpetua_.

Note.--The publishers are responsible for the orthography of these

volumes.

[Illustration: Map of Yorktown & Williamsburg, Virginia]

[Illustration: Map of Operations in Kentucky and Tennessee]

[Illustration: Map of Battle of Gettysburg]

INDEX TO VOL. II.

_Abandonment of the Peninsula_, recommended by General J. E.

Johnston, 86; a defensive position nearer to Richmond proposed, 86;

the question discussed in a conference of officers, 87; plan of

General Johnston, 87; concentration of all troops, 87; objections,

87; not adopted, 87; measures determined on, 87.

ADAMS, JOHN QUINCY, Secretary of State, correspondence with the

British Secretary of State relative to the deportation of slaves in

war, 8, 9; on the restoration of slaves captured in war, 163; says

private property, including slaves, can not be taken by the usages of

war, 170.

_Agents of the State of New York_ to take the vote of her soldiers at

the Presidential election, 492; seized with the votes and locked up

in prison by the orders of the Government of the United States, 492;

the description of the imprisonment, 493.

_Aggressions_, the authors of, having acquired power, were eager for

the spoils of victory, 160; the series of, about to be consummated,

182.

_Alabama_, the cruiser, her condition when leaving Liverpool, 250.

_Alarm at Washington_, created by the operations of Jackson in the

Shenandoah Valley, 105.

ALDRICH, Judge A. P., arrested, 741; removed by a military officer,

744.

ANDERSON, General G. B., in command at Sharpsburg, 336.

ANDERSON, General J. R., placed in observation before General

McDowell be fore Fredericksburg, 101.

ANDERSON, General R. H., in command at Sharpsburg, 336.

_Andersonville_, occasion for its selection for the confinement of

prisoners of war, 596; its location, 596; preparations, 596;

treatment, 597.

_Anomaly among Governments_, the Government of the United States, 453.

_Arkansas_, proceedings to institute a State Government inaugurated

by order of President Lincoln, 302; his order, 303; the State

Constitution amended by assumption, or by assuming it to be amended,

303; movements in the northern part of the State, 304; further

proceedings, 304; vote for Article XIII of the United States

Constitution, 304; fraud triumphant, 304.

_Arkansas, The ram_, fight at the mouth of the Yazoo, 242; enters the

Mississippi and runs through the enemy's fleet, 242; description of

the vessel, 243; destined for attack on Baton Rouge, 243; failure of

her engines, 244.

_Arms and munitions of war_ manufactured in the United States for

Turkey in her late war with Russia, 276.

_Army of Northern Virginia_, changes of position before Richmond,

101; re turns to the vicinity of Richmond after McClellan reached

Westover, 152.

_Army of Tennessee_ under General A. S. Johnston, its strength after

fall of Donelson, 39; moves to Murfreesboro, 39; its concentration,

39; joins Beauregard at Corinth, 39.

_Army of the United States_, new generals assigned to command, and

new departments created, 18; under General McClellan--its size when

reported to be crippled for want of reënforcements, 106; size of our

army, 106.

_Army of Virginia_, order of President Lincoln creating, 135; the

commander, and the forces, 135.

ASHBY, General TURNER, commands rear-guard, 112; attacked by

Fremont's cavalry, 112; killed, 112; remarks of General Jackson, 112.

_Assertion, An_, often made during the war, 451.

_Atlanta, The_, a cruiser's name changed to Tallahassee, 265;

commanded by Commander John Taylor Wood, 265; her cruise along the

New England coast, 265.

_Atlanta_ evacuated by General Hood, 563; surrendered by the Mayor to

General Sherman, with the promise that non-combatants and private

property should be respected, 563; Order of Sherman directing all

civilians, mole and female, living in Atlanta to leave the city

within five days from September 5th, 564; Vain appeals of the Mayor

and corporate authorities for a modification of the order, 561; reply

of Sherman, 564.

_Atrocities of the war_: letter of the President to General Lee, 315;

In the Shenandoah Valley, 531; retaliation of General Early, 531;

Butler's proceedings in New Orleans, 232; Pope's military orders in

Virginia, 313; Sherman's expulsion of the inhabitants of Atlanta,

564; march to Savannah, 570; Sherman's burning of Columbia, 627; the

order of President Lincoln to military commanders, 588; order of

General Pope, 588; letter of General Lee to General Halleck, 589;

efforts of General Hunter to inaugurate a servile war, 589:

proceedings of Brigadier-General Phelps, 589; do. of General Butler,

589; extracts from the official report of Major-General Butler to the

Committee on the Conduct of the War relative to the exchange of

prisoners, 603; extract from the message to the Confederate Congress,

in August, 1862, 707; do. in January, 1863, 707; varied stages of the

war, 708; atrocities of Major-General Hunter in the Shenandoah

Valley, 709; statement of Rev. John Bachman of the devastations of

the enemy in South Carolina, 710-715.

_Attrition, The policy of_, can hardly be regarded as generalship, or

be offered to military students as an example worthy of imitation,

526.

BACHMAN, Rev. Dr. JOHN, statement of the devastations of the enemy in

South Carolina, 710-715.

BANKS, Major-General N. P., exclamation of relief on his escape from

Jackson across the Potomac, 106; succeeds General Butler at New

Orleans, 289; expedition into the Red River country, 541; his force,

543; battles at Mansfield and Pleasant Hill, 543, 544; obtains cotton

in the Red River country, 545.

BARKSDALE, Brigadier-General WILLIAM, commands the force placed at

Fredericksburg to resist the enemy's crossing, 353.

BARRON, Captain SAMUEL, commands at Hatteras Inlet, 77; is bombarded

by the enemy's fleet, and capitulates, 77.

BARRY, Colonel WILLIAM S., commander of the burial party at Corinth,

390; his reception by General Rosecrans, 390.

_Baton Rouge_, its importance, 243; occupied by the enemy, 243;

attacked, 244; failure of entire success by the breakdown of the ram

Arkansas, 244.

_Battalion of cadets_, their services at Richmond, 665.

BEAUREGARD, General P. G. T., takes command in West Tennessee, 51;

moves to Corinth, 51; states cause of delay of movements toward

Shiloh, 55; report of result of first day's battle of Shiloh, 60; his

force at Corinth, 73; his estimate of the enemy, 73; retreats to

Tupelo, 74; declines to let Bragg go to Mississippi, 74; his health.

74; certificates of his physicians, 74; transfers the command to

General Bragg and retires to Bladen Springs. 75; statement of the

case, 765 in command near Drury's Bluff, 511; interview with the

President, 511; position of the forces, 512; movements of the enemy,

513; the affair at Drury's bluff, 513; his proposal for a campaign,

514; assigned to the military division of the West, 566; retreats

toward North Carolina, 630; decides to march to the eastern part of

the State, 630; effect of this move, 630; modifies his proposed

movement, 631.

_Beaver Dam_, its naturally strong position near Mechanicsville, 134;

engagement near, 134.

_Belligerents_--in no instance from the opening to the close of the

war did the United States Government speak of us as belligerents,

278; why was it? 278; the signification of the word, combined with

existing circumstances, expressed something it was in no degree

willing to admit before the world, 278; its war was against the

people within the limits of the Confederate States, and were they a

mob or organized political communities? 279; then it was a war

against the States which the world could not justify, 279; opinion of

Justice Green, of the United States Supreme Court, 281; case of the

Santissima Trinidad, 281.

BENJAMIN, JUDAH P., Secretary, letter to General A. S. Johnston, 40;

report on the proceedings of Generals Floyd and Pillow requested, 40.

_Berwick Bay_, capture of the works of the enemy at, 419; the spoils

taken, 419.

_Big Black_ River railroad-bridge, topographical features of the

position, 409; results of the retreat of Pemberton from, 410.

BLAIR, FRANCIS P., visits Richmond, 612; conversation with the

President, 612; letter given to him, 615; answer of Mr. Lincoln, 615;

return of Mr. Blair, 616 his statements, 616; further movements, 617;

his visit, 618.

_Blockade The_, its effect upon English manufactures, 344;

intervention of the Governments of France and England to alleviate

the distress, 344; the passiveness of neutral Europe relative to,

373; other blockades compared, 373; facts shown relative to our

ports, 374; Great Britain assumes to make a change in the principles

announced at Paris, 375; dispatch of the British Minister, 375;

illustration of the importance of this change, 375; other matters

injurious to us, 376; letters of the British Government to United

States, 379, 380; marked encouragement given to persevere in the

blockade, 380; statement of the British Government as to the blockade

of the Southern ports, 381; further facts, 381.

BOWEN, General JOHN S., detached from Vicksburg to Grand Gulf, 397;

retreats toward Grand Gulf, 399; one of the best soldiers of the

Confederate service, 416.

_Bowling Green_, position of General A. S. Johnston's center turned,

36; the consequences, 36, 37; its evacuation, 37.

BRAGG, General BRAXTON, commands a division of Beauregard's forces in

West Tennessee, 51; sent from Pensacola, 54; account of Johnston's

efforts, 54; commands a corps at battle of Shiloh, 55; statement of

affairs at battle of Shiloh, 59; ordered to command the department

under General Lovell, 74; Beauregard declines to permit his departure

owing to ill health, 74; receives the command from Beauregard, 75;

report of subsequent proceedings, 75; advances from Tupelo and

occupies Chattanooga, 382; marches from Chattanooga and enters

Kentucky, 383; passes to the rear of General Buell in Middle

Tennessee, 383; thus relieves north Alabama and Middle Tennessee from

the presence of the enemy, 383; issues an address to the people of

Kentucky, 383; gives battle to the enemy at Perryville, 383; losses,

384; falls back before reënforcements to the enemy, 384; takes

position at Murfreesboro, 384; begins the conflict at Murfreesboro,

385; its result, 385; falls back to Tullahoma, 385; takes a position

south of Chattanooga, 429; his movements, 429; concentrates at

Chickamauga, 429; forms his line of battle, 430; the conflict,

431-433.

_Brazil_, Government of, demands the restoration of the cruiser

Florida, 262; letter of Mr. Seward, 262.

BRECKINRIDGE, Brigadier-General JOHN C, commands a corps at battle of

Shiloh, 55; commands the attack at Baton Rouge, 244; commands in

south-western Virginia, 527; his movements and skirmishes, 528;

ordered to Hanover Junction, 528; returns, 529.

BRENT, Major, attacks and captures the gunboat Indianola, 241.

BROWN, Commander, commands the ram Arkansas, 242.

BROWN, Major, report of the surrender of Fort Donelson, 34.

BUCHANAN, Captain FRANKLIN, commands the Virginia, 196; fight at

Hampton Roads, 197; commands the ironclad Tennessee in the conflict

in Mobile Bay, 206.

BUCKNER, General SIMON, commands a division at Fort Donelson, 29; in

command at Knoxville, 426.

BUELL, General D. C, assigned to command in Kentucky, 18; his

threatening position, 38; his force after fall of Donelson, 39; moves

his army to join Grant at Pittsburg Landing, 54; progress of his

advance, 54; statement of the condition of Grant's army after the

battle of Shiloh, 70; retreats from Nashville to Louisville, fearing

for the safety of the latter city, 383.

BULLOCK, Captain JAMES D., his integrity and efficiency as naval

agent at Liverpool, 248.

_Burglary_, the State government throws its shield over the citizen

for his protection against, 452.

BURNSIDE, General AMBROSE, commands expedition against the coast of

North Carolina, 79; succeeds McClellan in command of the army, 351;

attempts to throw bridges across the river be fore Fredericksburg,

352; finally crosses and lays his bridges, 353; attacks our army,

354; is repulsed, 355; withdraws, 356; losses, 356; the causes he

assigned for his failure, 356; subsequent inactivity of his army,

357; removed from command, 357.

BUTLER, General B. F., commands expedition against the coast of North

Carolina, 79; advances to New Orleans, 223; a reign of terror

follows, 232; lands at Bermuda Hundred, 507; makes a raid to Chester,

508; compelled to withdraw, 508; moves out again to Fort Walthal

Junction, 511; repulsed by troops of General Beauregard from

Charleston, 511; commissioner for the exchange of prisoners, 598.

_Captures on the high seas_, the position taken by Washington and

Jefferson in 1793, 270.

CAMPBELL, JOHN A., appointed to confer with Mr. Lincoln, 617.

_Cause, The_, that was lost. What cause was it? 763.

_Cedar Creek_, Early's battle with the enemy at, 538-540.

_Cedar Run_, its location, 317; the battle at, 317, 319; the forces,

317; losses, 319.

_Chambersburg, Pennsylvania_, retaliatory measures inflicted on, 531,

532.

_Chancellorsville_, forces of the enemy converge near, from the fords

of the Rapidan, 357; Anderson's rear-guard attacked by cavalry, 357;

Lee moves toward, 358; turns the enemy's right, 358; a position of

great natural strength assumed by the enemy, 358; his lines, 358,

359; effort to turn his right flank and gain his rear, 359; to be

done by Jackson with three divisions, 359; success of the movement,

359, 360; the attack in front, 360; Jackson wounded, 360; battle

renewed next day, 361; the enemy retreats toward the Rappahannock,

361; strengthens his position, 361; attack from Fredericksburg on

Lee's rear, 362, 363; battle near Salem Church, 363; attack renewed

on Hooker, 364; enemy recross the river, 364; losses, 364; strength,

365; a brief and forcible account of the battle, 365, 366.

_Change of plans_, necessary after the fall of Fort Donelson, 39.

"_Change of base_," by McClellan, explanation of, by the Comte de

Paris, 104.

_Charge_, against the Government of the United States, 454.

_Charleston Harbor_, the Confederate naval force in, 204; its

strength and efficiency, 204; exploit of the ironclads Palmetto State

and Chicora, 206; number of torpedoes in the harbor, 208; evacuated

by General Hardee, 629; occupied by the enemy's forces, 630;

condition of Fort Sumter, 630.

_Chattanooga_, Grant arrives after the battle of Chickamauga and

assumes command, 434; his description of the situation, 434; his

operations, 435; movements of General Hooker, 435; arrival of

Sherman, 435; attack made by the whole force of the enemy's center,

436; get possession of rifle-pits at the foot of Missionary Ridge,

and commence the ascent of the mountain, 436; our forces withdraw,

436; losses, 436; occupied by the enemy, 429.

_Chickahominy River_, its character and course, 122; rising from

heavy rains, 124; position of General Sumner, 124.

_Chickamauga_, Bragg concentrates at, 429; forms his line of battle,

430; commencement of the contest, 430; movements of the forces, 431;

Confederate troops engaged, 431; Bragg reorganizes his command, 432;

strength of the opposing forces, 432; Bragg's order of battle, 432;

movement of troops, 433; enemy yields along the whole line, 433;

withdraws at night, 433; his losses, 433.

CHILTON, Colonel R H., remarks on the talents of General Lee,

displayed in the preparation and command of his army, 129.

_Cincinnati_, alarm at the approach of General E. K. Smith, 382.

_Citizens_, Southern, confined in cells to await the punishment of

piracy, 2; peaceful, an indiscriminate warfare waged upon, 2.

_Citizen's life_, is it in danger? the State guarantees protection,

451; his personal liberty is guaranteed by the State, 451; his

property guaranteed from unlawful seizure and destruction by the

State, 452.

_Citizenship and the ballot_ is wholly within the control of each

State, 729; efforts of Congress to wrest it from each Confederate

State to confer on the negroes, 729.

_Civil government in Maryland_, overthrown by the military force of

the United States, 461.

_Clarence, The_, fitted out as a tender to the Florida, 261.

CLEBURNE, Major-General, killed at the battle of Franklin, 577.

_Coast defenses_, the system adopted, 78; topography of the coast,

78; description of the fortifications constructed, 79; several points

captured by the enemy, 79; state of affairs when General Lee assumed

command of the Department of the Carolinas and Florida, 80; his plans

for coast defenses, 80; the system he organized, 80; its success, 81.

COBB, General HOWELL, arranges a cartel for the exchange of prisoners

with General Wool, 587.

COLBURN, Colonel, captured at Spring Hill by Generals Van Dorn and

Forrest, 426.

_Cold Harbor_, fearful carnage of Grant's soldiers, 524; they

sullenly and silently decline to renew the assault, 524.

_Columbia, South Carolina_, approach of General Sherman's army, 627;

the Mayor surrenders the city, 627; infamous disregard of the

established rules of war, 627; the city burned, 627; attributed by

Sherman to an order of General Hampton to burn the cotton, 627;

denied by General Hampton, 627; his letter, 628; other atrocities of

Sherman's army, 629.

_Columbus, Kentucky_, threatened by the enemy, 18.

_Combinations of insurrectionists,_ the Southern people declared to

be, by the United States Government, 2.

_Conciliatory terms_ offered by the Governor of a State for the sake

of peace, rejected by the United States Government, 2.

_Confederate Government_, early efforts to buy ships, 245; the

lawfulness of its maritime acts demonstrated, 269; its acts relative

to cruisers sustained and justified by international law, 274; by the

interpretations of American jurists, 274; by antecedent acts of the

United States Government, 274; instances, 275, 276.

_Confederate States_ regarded by United States Government as in the

Union, 177; yet deprived of all the protections of the Constitution,

177; all their conduct pertaining to the war consisted in just

efforts to preserve to themselves and their posterity rights and

protections guaranteed in the Constitution, 178; their sagacity

vindicated by President Lincoln's emancipation proclamation, 190.

The Rise and Fall of the Confederate Government, Volume 2 · 第 44 / 46 章