By request of President Johnson, General Grant in 1865 made a tour of the

southern states, to learn the feelings and intentions of the people and to

ascertain to what extent, in the interest of economy, the military forces

there could be reduced. He reported that white troops excited no

opposition: thinking men would offer no violence to them. But black troops

demoralized labor, "and the late slaves seem to be infused with the idea

that the property of their late masters should by right belong to them, or

at least should have no protection from the colored soldiers. There is

danger of collision being brought by such causes."

The so-called abandoned lands on the coast of South Carolina and

Georgia--lands from which whites had fled to escape dangers of the

war--were actually seized and colonized with wandering negroes, though the

lands were afterward restored to the owners. The germ of the "forty acres

and a mule" idea, no doubt, originated in those colonies. The idea was of

early conception, as the Grant report shows.

The first annoyances caused by the league were the neglect of field work

by negroes in order to attend political meetings in daylight, and taking

hard-worked mules from lots at night and riding them to league meetings.

But in the course of time the organization assumed a military aspect,

drilling regularly. Bodies appeared in procession, in regular company

order, with arms, banners, drums and fifes, the officers wearing

side-arms. At the election they were met outside the towns by emissaries

and furnished with tickets, and then proceeded to the polling places and

deposited them as directed. All of this appealed to the negroes' taste for

novelty and spectacle.

CHAPTER EIGHT

A REPUBLICAN BLUNDER

This narrative is now brought again to the point at which it digressed,

the election on the constitution, but before resuming that subject a few

words of comment here will not be out of place.

The perfidy of Congress in imposing upon the people of Alabama, in

violation of its own solemn covenant, a constitution which they had

rejected in a lawful manner, was a blunder fatal to the future influence

of the Republican party in Alabama. The fourteenth amendment had already

injured the party because of its application to great numbers of men who

might have allied themselves with it if they had not been involved in the

proscription. They had opposed secession as long as there was any reason

in opposition, and then reluctantly adapted themselves to the situation.

Jefferson Davis had been in prison, demanding trial and ready to abide the

result; he was discharged, and the proceedings looking to personal

punishment abandoned. Other leaders, including Admiral Semmes, "the

pirate," as he was termed in intensity of hatred, were at their homes,

pursuing the vocations of peace and ready to try the issue. The excuse for

abandoning the prosecution was that, the fourteenth amendment having

imposed the penalty of deprivation of citizen rights, the courts could not

inflict other punishment.

Thus, the men who had, at the cost of popular good will and private

friendship, opposed with all their abilities severance of the Union were

equally subject to a penalty deemed adequate for "the arch traitor" and

"the pirate," so called.

Then, there were thousands of men in northern Alabama not subject to the

proscription, who were nursing the grievance that Democrats had

precipitated secession without permitting the people to vote on the

ordinance. They believed that, had it been submitted, it would have been

defeated. Northern Alabama was so loyal to the Union that leaders there

proposed separation of that section at the line of the mountains, and that

its people organize and "fight it out" in the foothills. But the

promptness with which the Confederate authorities organized the military

forces discouraged such a project. The strong resentment of the summary

accomplishment of secession was rendered bitter by conscription laws.

Sections of the mountains in which drastic measures were necessary to

enforce those laws became easy recruiting grounds for the federal army.

It is recorded that 2,700 men from Walker, Winston and Fayette counties

enlisted in one federal command. North Alabama was more than once occupied

by contending armies, and partisan organizations embittered the contest.

In central and southern Alabama were many Whigs and Union men who had no

liking for the Democratic party.

In this state of affairs, convinced that not many of the proud

Confederates would sue for relief from fourteenth amendment disabilities,

and that the constitution which disqualified thousands of white voters

would perpetuate negro supremacy in Alabama, the Republican leaders in

Congress committed a wrong which to this day bears heavily upon their

party.

CHAPTER NINE

CARPETBAG GOVERNMENT

The negroes had exercised without hindrance their new privilege of the

suffrage. Their incapacity as voters was illustrated in the character of

the men who assumed office after the election in 1868.

In Sumter county, Tobias Lane was elected probate judge, but during the

period of uncertainty when the constitution was in abeyance, concluding

that congressional action respecting it would be unfavorable, he packed

his carpetbag and returned to Ohio, having been one of the migrants from

that state, so prolific of birds of his feather.

Beville, the sheriff, was an appointee of General Swayne. He was unable to

give bond, but Swayne waived that formality and ordered him to continue in

office without bond. In 1868 Richard Harris, a negro, who could neither

read nor write, became his worthy successor.

As solicitor the discriminating voters chose Ben Bardwell, a negro, who

was wholly deficient in the knowledge of reading and writing, a

deficiency which made him "an easy mark" for one of the most learned bars

in the state.

George Houston, a freedman, was sent to the lower house of the

legislature. As his colleague Ben Inge, another "person of color,"

absolutely illiterate, was selected.

An army captain, one Yordy, received the state senatorial honors, which he

wore while serving Uncle Sam in the custom house at Mobile. He was a

long-distance representative, having no domicile in Sumter, nor ever

making his appearance there.

John B. Cecil, reputed federal army sutler and coming with the influx from

fecund Ohio, was elected treasurer. He gradually and logically degenerated

into a partnership with a negro in a grog-shop enterprise.

Badger, another bird of passage, became tax assessor. The revenue and road

commission was a motley aggregation which comprised one carpetbagger and

three negroes.

Edward Herndon, a native Union man, by grace of appointment and election,

simultaneously devoted his talents to the offices of circuit clerk,

register in chancery, notary public, justice of the peace, keeper of the

poorhouse and guardian _ad litem_,--and perhaps felt aggrieved that he

didn't have "all that was coming to him."

It would seem that, with this multiplicity of trusts, Mr. Herndon

monopolized the privilege of plurality in office holding; but not so, for

Mr. Daniel Price, a typical scalawag, with the reputation of a jailbird

and desperado, made flight from Wetumpka to Sumter, and was endowed with a

bunch of federal and county jobs,--register of voters, superintendent of

education, postmaster and census taker. Insatiable, like Oliver Twist he

wanted more, and as a side line to his multifarious activities, employed

his scholarly attainments in the conduct of a negro school, meanwhile

boarding and associating with negroes.

The harmony of the "color scheme" of the official colony in Perry county,

adjoining Hale county, was never broken by a trace of the ebony hue.

Without exception, all of the county offices were held by carpetbaggers,

officers of the 8th Wisconsin regiment, originally sent on garrison duty.

Their characters are illustrated by the fact that, under the guise of

selling properties which they had acquired in the county, all of them sold

their offices in the time of political regeneration and betook themselves

to the north. During Lindsay's administration the sheriff, charged with

conniving at the escape from jail of a prisoner incarcerated for murder,

sold his job for $1,500. Democrats succeeded the aliens.

In Marengo county there were more places than "loyal and reconstructed"

place-seekers, and consequently Charles L. Drake, who made his advent in

1866 as an army captain, was burdened with the cares and responsibilities

of register in chancery, circuit clerk, United States commissioner and

agent of the Freedmen's Bureau; yet had time for political activity which

made him especially obnoxious.

Another conspicuous character in Marengo was one Burton, a carpetbagger,

who established in Demopolis a weekly newspaper, _The Southern

Republican_. He had incorporated in the oppressive tax laws a provision

that where a deed was made to a purchaser at a tax sale, it should be made

conclusive evidence, whether the sale was legal or illegal, that all

requisites to a valid sale had been complied with. In order to increase

the advertising, a section of land was divided into sixteen parts and each

part advertised separately. Legal advertising was confined to "loyal"

papers, the test of loyalty being allegiance to the Radical party. _The

Southern Republican_, being the only loyal paper in all that

unreconstructed region, was designated as the official organ of Marengo,

Greene, Perry and Choctaw counties.

The newspaper statute referred to was in these words:

"That it shall be the duty of the probate judge in each county of this

state to designate a newspaper in which all local advertisements, notices,

or publications of any and every character required by law to be made in

his county shall be published. Provided, that no newspaper shall be

designated as such official organ which does not in its columns sustain

and advocate the maintenance of the government of the United States and of

the government of the state of Alabama, which is recognized by the

Congress of the United States as the legal government of this state; and

if there be no such paper published in the county, then the probate judge,

whose decision upon the question shall be final, shall designate the paper

published nearest the county seat of his county which does sustain said

government."

The "loyal" papers so designated had no circulation beyond a small free

distribution among office-holders. Few of the negroes in their general

illiteracy could read them, and none of them were concerned in the

advertisements. The white people, to whom all of the advertisements were

addressed, would not permit a copy of the publications to be sent to them.

Consequently, the payment of fees was a waste of public money. The purpose

of the law was to create and sustain a detestable press at the expense of

the taxpayers, or seduce the existing papers.

In 1870 Burton was nominee for lieutenant-governor. On account of some

personally offensive publication, Mr. E. C. Meredith, of Eutaw, a

Democratic leader ("Bravest of the Brave"), severely chastised him in

Eutaw. Thereafter the "trooly loil" journalist made his periodical

collections of fees in Greene county by proxy. About the time when frost

touched with withering chill his budding political aspiration, Burton

received an ominous communication, not intended for publication, but for

his own guidance. It was embellished with pictures of cross-bones, skull

and dagger, and inscribed with a legend which he interpreted as a sort of

"move on" ordinance. And he stood not on the order of his going, but

hiked.

General Dustin, a northern soldier, of good family connections, who

settled in Demopolis and allied himself by marriage with one of the old

and prominent families of the town, was appointed major general of

militia, and endeavored, but unsuccessfully, to organize a force. The law

provided that whenever forty or more men should enroll themselves and

choose officers, the governor upon application should recognize them as a

volunteer company. Governor Smith could not be persuaded to encourage the

formation of a militia force; he preferred federal regulars, and they were

always available.

While awaiting opportunity for employment of his warrior genius and

acquirements, General Dustin, equally soldier and statesman, served the

people of his adopted county in the legislature. His colleague in that

august assembly of solons was Levi Wells, a "ward of the nation."

Others who made reconstruction history in Marengo county will be mentioned

incidentally as this narrative progresses. They were a rare lot, and

equally with the others worthy of a place on the scroll of fame.

Choctaw county officials distinguished themselves in some features of

their administration of affairs, according to testimony before a

government commission. Dr. Foster was appointed probate judge and elected

state senator, and served in the dual capacity. Receiving the appointment

of revenue collector at Mobile, he discarded the probate judgeship, to

which Hill was appointed, but polygamously refused to be divorced from the

other love, the senatorship. Hill had been appointed treasurer before

receiving the appointment to the judgeship. Withdrawing from the former

place, his brother, Alexander, succeeded. It may not too much confuse the

already complex situation to mention incidentally that the industrious

Alexander filled in spare time by discharging the humble duties of justice

of the peace, having before him the example of his eminent brother, who

scorned not the lesser duties of register in chancery, with which also he

was charged. In the progress of time, an inquisitive grand jury, nosing

into matters, ascertained that Treasurer Aleck had received from the

county tax collector fees to the amount of $3,600. While the jury was

investigating, a disturbance occurred on the streets; the sheriff

resigned, rather than interfere with the disturbers, and sought pastoral

scenes. Circuit Judge J. Q. Smith, serving as a substitute for Luther R.

Smith, adjourned court without receiving the jury's report. Immediately

after adjournment Probate Judge Hill, who had received a significant

communication, with skull and dagger adornment, and maybe had been

playfully shot at, retired to his farm, leaving his office in the care of

the overburdened but willing Aleck. The circuit clerk accompanied the

probate judge to his sylvan retreat, and imposed more work on Aleck by

making him custodian of his office also. By the way, this clerk was first

elected, but failed to qualify, whereupon Judge Smith cured the defect by

appointing him to the place. Such was the situation of affairs when, at

midnight, April 14, the structure burned, and, excepting documents in the

hands of the jury, all of the records of the two offices, together with

the treasurer's account of moneys received and disbursed, fed the hungry

flames. The treasurer said that all the funds were in the safe, but only

charred packages of Confederate "shinplasters" were found therein when the

safe was opened. The succeeding treasurer, an expert accountant, under

instructions from the commissioners' court, investigated accounts between

the collector and former treasurer, and reported that the latter was in

default to the extent of about $7,000, and the tax collector about $2,700.

Meanwhile, the tax collector had sought a change of air in "the glorious

climate of California." Before his departure he related a tale of woe, the

burden of which was that highwaymen had despoiled him of official

collections of between $5,000 and $6,000.

The fire fiend had marked Choctaw officials for its victims. According to

his own statement, the dwelling of the county superintendent of education

was the repository of $4,000 of county funds when said "fiend" consumed

it. The superintendent was the author of his own official bond, and in his

inexperience omitted therefrom the customary penalty clause, which

omission rendered the instrument non-enforceable. Feeling the inadequacy

of local employment for his talents, he took up residence across the line

in Sumter county, and thus qualified for election to the legislature, but

there was no requisition for his services.

The superintendent was law partner of Joshua Morse, attorney general of

the state. They were jointly indicted for the murder of Editor Thomas of

the county paper at Butler, the county seat; they obtained a change of

venue and were tried and acquitted in Mobile, the principal witness

against them having disappeared.

William Miller, a former slaveowner and one of the largest landowners,

became probate judge of Greene county in 1868. Judge Oliver, the

incumbent, refused to recognize his claim, and Miller invoked the

ever-responsive military powers; the soldiers forced entrance to the

office and inducted the claimant. Oliver filed a protest and retired.

Alexander Boyd, a nephew of Miller, became county solicitor and register

in chancery.

Judge Luther R. Smith had a brother, Arthur A., who was languishing in

Massachusetts, with talents unemployed and maybe unrecognized. The judge

imported his brother and made him county superintendent of education.

There were not many white Republicans in Greene, and it happened that the

circuit court clerkship was "lying around loose," and the judge thought

Arthur was the man for the place. The latter accepted the gift, but failed

to relinquish the superintendency of education. One Yordy figured as agent

of the Freedmen's Bureau.

These officials were unable to obtain board and lodging at either of the

taverns or elsewhere, and jointly established and maintained for some time

a bachelor establishment, duly ostracised by the people of the town and

county.

Hale county had a complement of officials in keeping with the layout

common to the counties of the district, including a negro legislator. The

most troublesome was Dr. Blackford, probate judge. He had served as a

delegate to the constitutional convention of 1867. He displaced Judge

Hutchinson, a popular gentleman who had lost three brothers in one of the

battles in Virginia, members of the famous Greensboro Guards.

Blackford was a skillful physician and surgeon, and of fair education. He

served as surgeon in the Confederate army, and was stationed at Vicksburg

during the siege. Subsequently a story circulated that he was there

court-martialed on a charge of appropriating to his own use hospital

stores, including liquors. However that may be, his services were

dispensed with and he took up abode in Greensboro, and began to practice

his profession with much success. In an evil hour he was tempted to cast

his lot with the adventurers who were greedily fastening their clutches

upon the substance of the country, and fell. Going from bad to worse, he

affiliated with negroes and soon obtained absolute control of them.

Claiming, as probate judge, that he had the right to supervise contracts

between them and their employers, he constantly meddled in private

affairs. Calling league meetings and taking the hands away from their

work, he caused much vexation and loss to the planters.

About the time when he became probate judge an incident occurred in

Greensboro in which was exhibited by the soldiers an unusual

disapprobation of the administration of affairs. The agent of the

Freedmen's Bureau, one Clause, incurred the displeasure of some of them

who were inclined to insubordination, and they administered to him a

beating. Varying the proceeding, they seized a negro school teacher and

conveyed him to a pond, in which they ducked him repeatedly.

Blackford became alarmed at this manifestation of displeasure, and fled to

the hills north of the town. There he was pursued by the rioters in

uniform, and, resuming his flight, sought refuge at the home of a citizen,

who apprised leading citizens of Greensboro of his whereabouts and peril.

They informed the military commander, who, in turn, dispatched a squad of

cavalry to rescue him and conduct him to town. Blackford, on his return,

renounced his political heresies and aspirations to the judgeship, which

he declared he would not accept; but, recovering his confidence in the

stability of the military powers and his negro backing, he quickly

recanted and relapsed into arrogance.

Tuscaloosa county was not neglected by place-hunters, but the

preponderance of whites in that county was a restraining influence.

Luther R. Smith, a carpetbagger from Michigan, provisional circuit judge

in 1866, was elected to that position in 1868, and simultaneously a member

of the legislature, but had decency to resign the latter trust.

Notwithstanding he subsequently violated the judicial proprieties by

presiding over a radical state convention in Selma. He was one of the most

respectable of the intruders, and reputed to be just, impartial and

courteous on the bench. Nevertheless he shared, in a lesser measure, the

odium which attached to all. The feeling of the people was that no

right-minded man would thrust himself into public position under the

peculiar circumstances.

All the members of the United States House of Representatives from

Alabama were carpetbaggers--officers in the United States army. Charles W.

Pierce represented the fourth district. He held a commission as major. His

course in the interval when the constitution was in abeyance was the same

as that of Colonel Callis, who caused more discussion. Colonel Callis was

elected to Congress from the Huntsville district, in competition with

General Joseph W. Burke, a man of character and education. General Burke

was the Republican nominee, and Callis bolted. Callis was a federal

soldier and agent of the Freedmen's Bureau, at Huntsville. While

canvassing, he was attired in the uniform of a colonel. When the

constitution was rejected and declared rejected by General Meade, and the

fact communicated to General Grant and by him communicated to Congress,

and the action of Congress looked to the rejection of the constitution,

Colonel Callis left Huntsville and went upon duty to Mississippi as an

army officer. When Congress accepted the constitution and admitted Alabama

under the "omnibus" measure, Callis hurried to Washington and took his

seat as a representative from Alabama, notwithstanding he had never been a

citizen of the state and was then a resident of Mississippi. Pierce was

succeeded by Charles Hays, of Greene county, in November, 1869.

The state was represented in the federal Senate by Willard Warner and

George E. Spencer, the first named a northern general, the other, an army

contractor. Judge Busteed, under oath, said that when elected Warner was

not a citizen of Alabama; that when summoned a short while before as a

juror in his court, Warner claimed exemption on the plea that he was a

senator of the state of Ohio. Governor William H. Smith, in a letter

published in the _Huntsville Advocate_, said: "Spencer lives upon the

passions and prejudices of the races. The breath of peace would leave him

on the surface, neglected and despised." And Spencer characterized his

colleague as a "a trifling and worthless man."

Being unobjectionable as to "loyalty," all of these non-citizens were

permitted to take their seats; and for the first time since 1861 Alabama

was represented (?) in the federal Congress, notwithstanding the fact that

during a part of that period the people were taxed by the government which

denied them representation--taxed unconstitutionally (in the case of

cotton), as the Supreme Court subsequently decided.

William H. Smith, of Randolph county, displaced Governor Patton. His

character will be revealed as these pages multiply.

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