[1179] Howard's Circular Letter, Oct. 4, 1865.

[1180] Report, Oct. 31, 1866.

[1181] Herbert, "Solid South," p. 31; _N. Y. News_, Sept. 3, 1865 (Selma

correspondent).

[1182] In one case the agent in Montgomery sent to Troy, fifty-two miles

distant, and arrested a landlord who refused to rent a house to a negro.

The negro told the Bureau agent that he was being evicted.

[1183] There were several plantations near Montgomery, Selma, Mobile, and

Huntsville where negroes were thus collected.

[1184] In Montgomery, the Rev. C. W. Buckley, a "hard-shell" preacher,

looked after negro contracts. A negro was not allowed to make his own

contract, but it must be drawn up before Buckley. When a negro broke his

contract, Buckley always decided in his favor, and avowed that he would

sooner believe a negro than a white man. His delight was to keep a white

man waiting for a long time while he talked to the negro, turning his back

to and paying no attention to the white caller. He preached to the negroes

several times a week, not sermons, but political harangues. The audience

was composed chiefly of negro women, who, if they had work, would leave it

to attend the meetings. They would not disclose what Buckley said to them,

and when questioned would reply, "It's a secret, and we can't tell it to

white folks." Buckley advocated confiscation, but Swayne, who had more

common sense, frowned upon such theological doctrines.

[1185] Barker, a carriage-maker at Livingston, was arrested and confined

in prison for some time, and finally was released without trial. He was

told that a negro servant had preferred charges against him, and later

denied having done so. Such occurrences were common. Ku Klux Rept. Ala.

Test., pp. 357, 371, 390, 475, 487, 1132; Ho. Ex. Doc., No. 27, 39th

Cong., 1st Sess.; Swayne's Reports, Dec., 1865, and Jan., 1866.

[1186] _Selma Times_, April 11, 1866. Busteed was a much-disliked

carpet-bag Federal judge. Mr. Burns survived the _Busting_, and was a

member of the Constitutional Convention of 1901.

[1187] The Bureau courts continued to act even after the state was

readmitted to the Union. In 1868, two constables arrested a negro charged

with house-burning in Tuscumbia. Col. D. C. Rugg, the Bureau agent at

Huntsville, raised a force of forty negroes and came to the rescue of the

negro criminal. "If you attempt to put that negro on the train," he said,

"blood will be spilled. I am acting under the orders of the military

department." The officers were trying to take him to Tuscumbia for trial.

Rugg thought the Bureau should try him, and said, "These men [the negroes]

are not going to let you take the prisoner away, and blood will be shed if

you attempt it." _N. Y. World_, Oct. 23, 1868; _Tuscaloosa Times_.

[1188] Probably more. Freedmen's Bureau Report, Nov. 1, 1866.

[1189] Bureau Reports, 1865-1869.

[1190] Freedmen's Bureau Reports, 1865-1870; Hardy, "History of Selma";

_N. Y. World_, Nov. 13, 1865.

[1191] The Southern Famine Relief Commission of New York, which worked in

Alabama until 1867, reported that there was much greater suffering from

want among the whites than among the blacks. This society sent corn alone

to the state,--65,958 bushels. See Final Proceedings and General Report,

New York, 1867.

[1192] Freedmen's Bureau Reports, 1865-1868.

[1193] Ho. Rept., No. 121, 41st Cong., 2d Sess.

[1194] Sen. Ex. Doc., No. 6, 39th Cong., 1st Sess.

[1195] Freedmen's Bureau Report, Dec., 1865.

[1196] Swayne's Report, Oct. 31, 1866; _N. Y. Daily News_, Sept. 7, 1865

(Montgomery correspondent).

[1197] Trowbridge, "The South," p. 446.

[1198] In the convention of 1867 this teaching bore fruit in the ordinance

authorizing suits by former slaves to recover wages from Jan. 1, 1863.

[1199] _N. Y. World_, Nov. 13, 1865 (Selma correspondent); oral accounts.

[1200] _De Bow's Review_, March, 1866 (Dr. Nott); _N. Y. Times_, Oct. 3,

1865; _Montgomery Advertiser_, March 21, 1866.

[1201] Du Bois in _Atlantic Monthly_, March, 1901.

[1202] A Tallapoosa County farmer stated that for three years after the

war the crops were very bad. Yet the whites who had negroes on their farms

felt bound to support them. But if the whites tried to make the negroes

work or spoke sharply to them, they would leave and go to the Bureau for

rations. P. M. Dox, a Democratic member of Congress in 1870, said that in

north Alabama, in 1866-1867, negro women would not milk a cow when it

rained. Servants would not black boots. There was a general refusal to do

menial service. Ala. Test., pp. 345, 1132. The Alabama cotton crop of 1860

was 842,729 bales; of 1865, 75,305 bales; of 1866, 429,102 bales; of 1867,

239,516 bales; of 1868, 366,193 bales. Of each crop since the war an

increasingly large proportion has been raised by the whites.

[1203] Swayne's Report, Oct. 31, 1866.

[1204] Within the last five years I have seen several old negroes who said

they had been paying assessments regularly to men who claimed to be

working to get the "forty acres and the mule" for the negro. They

naturally have little to say to white people on the subject. From what I

have been told by former slaves, I am inclined to think that the negroes

have been swindled out of many hard-earned dollars, even in recent times,

by the scoundrels who claim to be paying the fees of lawyers at work on

the negroes' cases.

[1205] Swayne's Report, Oct. 31, 1866; Freedmen's Bureau Report, Dec.,

1865; Grant's Report; Truman's Report, April 9, 1866; _DeBow's Review_,

March, 1866; _Montgomery Advertiser_, March 1, 1866; _N. Y. News_, Nov.

25, 1865 (Selma correspondent); _N. Y. World_, Nov. 13, 1865; _N. Y.

Times_, Oct. 31, 1865; _N. Y. News_, Sept., and Oct. 2, 7, 1865. B. W.

Norris, a Bureau agent from Skowhegan, Maine, told the negroes the tale of

"forty acres and a mule," and they sent him to Congress in 1868 to get the

land for them. He told them that they had a better right to the land than

the masters had. "Your work made this country what it is, and it is

yours." Ala. Test., pp. 445, 1131.

[1206] Ala. Test., p. 314.

[1207] Ball, "Clarke County," p. 627.

[1208] Ala. Test., p. 1133.

[1209] Ala. Test., p. 460; see Annual Cyclopædia (1867), article

"Confiscation."

[1210] _Montgomery Advertiser_, March, 1866. Buckley was known among the

"malignants" as "the high priest of the nigger Bureau." _N. Y. World_,

Dec. 22, 1867.

[1211] _N. Y. Herald_, July 23, 1865; Herbert, "Solid South," p. 30.

[1212] _DeBow's Review_, 1866; oral accounts.

[1213] _N. Y. Times_, Feb. 12, 1866 (letter of northern traveller);

Steedman and Fullerton's Reports; _N. Y. Herald_, June 24, 1866;

_Columbus_ (Ga.) _Sun_, Nov. 22, 1865; _N. Y. Times_, Jan. 25, 1866.

[1214] Account by Col. J. W. DuBose in manuscript.

[1215] Herbert, "Solid South," pp. 30, 31; _N. Y. Times_, Jan. 25, 1866.

[1216] Ho. Rept., No. 121, 41st Cong., 2d Sess.; Ku Klux Rept., p. 441.

See chapter in regard to Union League.

[1217] See also DuBois, in _Atlantic Monthly_, March, 1901; Ho. Ex. Doc.,

No. 241, 41st Cong., 2d Sess.

[1218] Ho. Rept., No. 121, p. 47, 41st Cong., 2d Sess.

[1219] Some of the prominent incorporators were Peter Cooper, William C.

Bryant, A. A. Low, Gerritt Smith, John Jay, A. S. Barnes, J. W. Alvord, S.

G. Howe, George L. Stearns, Edward Atkinson, and A. A. Lawrence. The act

of incorporation was approved by the President on March 3, 1865, at the

same time the Freedmen's Bureau Bill was approved. Numbers of the

incorporators and bank officials were connected with the Bureau. See Ho.

Mis. Doc., No. 16, 43d Cong., 2d Sess.

[1220] A Bureau paymaster.

[1221] Ho. Mis. Doc., No. 16, 43d Cong., 2d Sess.

[1222] Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess.

[1223] See Williams, "History of the Negro Race in America," Vol. II, p.

410. August was a month in which there was little money-making among the

negroes. It was vacation time, between the "laying by" and the gathering

of the crop.

[1224] Hoffman, "Race Traits and Tendencies," p. 290, says $3,013,699.

[1225] Hoffman, p. 290; also Sen. Rept., No. 440, 46th Cong., 2d Sess.

Williams, Vol. II, p. 411, states that the total deposits amounted to

$57,000,000, an average of $284 for each depositor.

[1226] Dividends were declared as follows: Nov. 1, 1875, 20%; March 20,

1875-1878, 10%; Sept. 1, 1880, 10%; June 1, 1882, 15%; May 12, 1883, 7%;

making 62% in all. To 1886, $1,722,549 had been paid to depositors, and

there was a balance in the hands of the government receivers of $30,476.

[1227] Williams, "History of the Negro Race," Vol. II, pp. 403-410; Fred

Douglass, "Life and Times," Ch. XIV; Ho. Mis. Doc., No. 16, 43d Cong., 2d

Sess.; Du Bois, "The Souls of Black Folk"; the various reports of the

Freedmen's Bureau and of the commissioners appointed to settle the affairs

of the Freedmen's Savings and Trust Company, to 1902; Hoffman, "Race

Traits and Tendencies," pp. 289, 290; Fleming, "Documents relating to

Reconstruction," Nos. 6 and 7.

[1228] Regulations of the Treasury Dept., July 29, 1864.

[1229] McPherson, "Rebellion," pp. 594, 595; McPherson, "Reconstruction,"

pp. 147-151.

[1230] See Ch. IV, sec. 7.

[1231] DuBois (_Atlantic Monthly_, March, 1901) declares that the

opposition to the education of the negro was bitter, for the South

believed that the educated negro was a dangerous negro. This statement is

perhaps partially correct for fifteen or twenty years after 1870, but it

is not correct for 1865-1869.

[1232] _The Gulf States Hist. Mag._, Sept., 1902; Report of General Swayne

to Howard, Dec. 26, 1865. The evidence on this point that is worthy of

consideration is conclusive. It is all one way. See also Chs. XIX and XX,

below.

[1233] Report of Swayne, Oct. 31, 1866.

[1234] "Up from Slavery," pp. 29, 30.

[1235] _Daily News_, Sept. 7, 1865 (Montgomery correspondence). Oral

accounts.

[1236] G. O. No. 11, July 12, 1865 (Montgomery); Freedmen's Bureau

Reports, 1865-1869.

[1237] Swayne's Report, Oct. 31, 1866; Freedmen's Bureau Report, 1866.

[1238] Swayne's Report., Oct. 31, 1866.

[1239] Freedmen's Bureau Report, Dec., 1865; Ho. Ex. Doc., No. 70, 39th

Cong., 1st Sess.

[1240] _Daily News_, Oct. 21, 1865 (Mobile correspondent); _De Bow's

Review_, 1866 (Dr. Nott).

[1241] Swayne's Report, Oct. 31, 1866.

[1242] The account of this particular school was given me by Dr. O. D.

Smith of Auburn, Ala., who was one of the men who chose the white teacher.

[1243] Swayne's Report, Oct. 31, 1866.

[1244] Report, Oct. 31, 1866.

[1245] Rent was usually paid at the rate of $20 a month for thirty pupils.

Ho. Rept., No. 121, pp. 47, 369, 374, 377, 41st Cong., 2d Sess. The books

of the American Missionary Association showed that it had received, in

1868 and 1869, from the Freedmen's Bureau for Alabama, the following

amounts in cash, though how much it received before these dates is not

known.

December, 1867 $4000.00

October, 1868 583.86

February, 1868 25.41 (?)

January, 1869 218.25

April, 1869 683.53

May, 1869 1397.49

June, 1869 95.87

July, 1869 527.00

September, 1869 3049.59

November, 1869 3469.50

December, 1869 2083.78

For building (?) 20,000.00

An item in the account of the Association was "Chicago to Mobile,

$20,000." No one was able to explain what it meant unless it was the

$20,000 building in Mobile used as a training school for negro teachers

and on which the Bureau paid rent. In the southern states the Bureau paid

to the American Missionary Association, as shown by the books of the

latter, $213,753.22. Judging from the variable items not noted above, rent

was evidently not included nor even all the cash. Ho. Rept., No. 121, p.

369 _et seq._, 41st Cong., 2d Sess. (Howard Investigation).

[1246] Buckley's Report for March 15, 1867; Semiannual Report on Schools

for Freedmen, July 4, 1867; General Clanton in Ku Klux Rept. Ala. Test.

[1247] Francis Wayland.

[1248] S. G. Greene, president of the association.

[1249] President Hill of Harvard College.

[1250] Reports, Proceedings, and Lectures of the National Teachers'

Association, 1865 to 1880; Reports of the Freedmen's Aid Societies of the

Methodist Episcopal Church. For results of the mistaken teachings of the

radical instructors, see Page's article on "Lynching" in the _North

American Review_, Jan., 1904.

[1251] Miss Alice M. Bacon, in the Slater Fund Trustees, Occasional

Papers, No. 7, p. 6. Armstrong, at Hampton, Va., was a shining exception

to the kind of teachers described above.

[1252] The Reconstruction government was now in power. There were, at this

time, thirty-one Bureau schools at thirty-one points in the state.

[1253] Freedmen's Bureau Reports, 1867-1870.

[1254] _Atlantic Monthly_, March, 1901.

[1255] Sir George Campbell, "White and Black," pp. 131, 383; Thomas, "The

American Negro," p. 240; Washington, "The Future of the American Negro,"

pp. 25-27, 55; _DeBow's Review_, 1866; Slater Fund Trustees, Occasional

Papers, No. 7. Washington tells of the craze for the education in Greek,

Latin, and theology. This education would make them the equal of the

whites, they thought, and would free them from manual labor, and above all

fit them for office-holding. Nearly all became teachers, preachers, and

politicians. "Up from Slavery," pp. 30, 80, 81; "Future of the American

Negro," p. 49.

[1256] From the surrender of the Confederate armies, to his death in 1903,

Dr. Curry was a stanch believer in the work for negro education. No other

man knew the whole question so thoroughly as he. And he had the advantage

of a close acquaintance with the negro from his early childhood. His

observations as to the effects of alien efforts to educate the black will

be found in the Slater Fund Occasional Papers, and in an address delivered

before the Montgomery Conference in 1900. See also Ch. XIV.

[1257] I have talked with many who uniformly assert that they were unable

to conform to the Bureau regulations. It was better to let land remain

uncultivated. Wherever possible no attention was paid to the rules. The

negro laborers themselves have no recollections of any real assistance in

labor matters received from the Bureau. They remember it rather as an

obstruction to laboring freely.

[1258] The President and the Supreme Court now being powerless.

[1259] That is, blacks and such whites as were not "disfranchised for

participation in the rebellion or for felony."

[1260] July 11, 1868, the oath was modified for those whose disabilities

had been removed by Congress; Feb. 15, 1871, those not disfranchised by

the Fourteenth Amendment were allowed to take the modified oath of July

11, 1868, instead of the iron-clad oath. See MacDonald, "Select Statutes."

The Alabama representatives all took the "iron-clad" oath.

[1261] Text of the Act, McPherson, "Reconstruction," pp. 191, 192; G. O.

No. 2, 3d M. D., April 3, 1867. For criticism, Burgess, "Reconstruction,"

pp. 112-122; Dunning, "Civil War and Reconstruction," pp. 123, 126-135,

143.

[1262] G. O. Nos. 10 and 18, H. Q. A., March 11 and 15, 1867; McPherson,

p. 200.

[1263] Report of Secretary of War, 1867, Vol. I, p. 321.

[1264] The oath was: "I, ---- ----, do solemnly swear (or affirm), in the

presence of Almighty God, that I am a citizen of the State of Alabama;

that I have resided in said State for ---- months, next preceding this

day, and now reside in the county of ---- in said State; that I am

twenty-one years old; that I have not been disfranchised for participation

in any rebellion or civil war against the United States, nor for felony

committed against the laws of any State or of the United States; that I

have never been a member of any State legislature, nor held any executive

or judicial office in any State and afterward engaged in insurrection or

rebellion against the United States or given aid and comfort to the

enemies thereof; that I have never taken an oath as a member of Congress

of the United States, as an officer of the United States, or as a member

of any State legislature, or as an executive or judicial officer of any

State, to support the Constitution of the United States and afterwards

engaged in insurrection or rebellion against the United States or given

aid and comfort to the enemies thereof; that I will faithfully support the

Constitution and obey the laws of the United States, and will, to the best

of my ability, encourage others to do so, so help me God!" McPherson,

"Reconstruction," pp. 192, 205; G. O. No. 5, 3d M. D., April 8, 1867.

[1265] McPherson, "Reconstruction," pp. 192-194; Burgess,

"Reconstruction," pp. 129-135; Dunning, "Civil War and Reconstruction,"

pp. 124, 125.

[1266] G. O. Nos. 1 and 2, 3d M. D., April 1 and 3, 1866; _N. Y. Herald_,

April 6, 1867; Annual Cyclopædia (1867), p. 19; McPherson, pp. 201, 205;

Report of Secretary of War, 1867, Vol. I, p. 322; Herbert, "Solid South,"

p. 38.

[1267] G. O. No. 1, Dist. Ala., April 2, 1867; McPherson, p. 206.

[1268] Report of Secretary of War, 1867, Vol. I, p. 466; _N. Y. Herald_,

April 6, 1867.

[1269] Ho. Ex. Doc., No. 20, 40th Cong., 1st Sess.

[1270] G. O. No. 52, H. Q. A., April 11, 1867.

[1271] Report of Secretary of War, 1867, Vol. I, p. 353.

[1272] G. O. No. 4, 3d M. D., April 4, 1867.

[1273] G. O. No. 10, 3d M. D., April 23, 1867.

[1274] G. O. No. 48, 3d M. D., Aug. 6, 1867.

[1275] Annual Cyclopædia (1867), p. 17.

[1276] G. O. No. 25, 3d M. D., May 29, 1867. (This was to favor Radical

meetings. There were many stump speakers sent down from the North to tell

the negro how to vote, and it was feared they might excite the whites to

acts of violence.) _N. Y. Herald_, June 4, 1867 (explanatory order).

[1277] McPherson, "Reconstruction," pp. 335, 336; Dunning, pp. 153, 154.

[1278] As long as Pope was in command at Montgomery and Atlanta, he and

Grant kept up a rapid and voluminous (on the part of Pope) correspondence.

They were usually agreed on all that pertained to Reconstruction, both now

being extreme in their views.

[1279] Ho. Ex. Doc., No. 30, 40th Cong., 2d Sess.; No. 20, 40th Cong., 1st

Sess.; McPherson, p. 312.

[1280] G. O. No. 45, 3d M. D., Aug. 2, 1867; McPherson, p. 319.

[1281] G. O. Nos. 53 and 55, 3d M. D., Aug. 19 and 23, 1867; Report of the

Secretary of War, 1867, Vol. I, p. 331; McPherson, p. 319.

[1282] See _Selma Messenger_, Jan. 17, 1868.

[1283] See McPherson, p. 312.

[1284] _Eutaw Whig and Observer_, Dec. 12 and 24, 1867.

[1285] S. O. No. 2, 3d M. D., April 15, 1867; Annual Cyclopædia (1867), p.

20; _Montgomery Mail_, April 30, 1867.

[1286] See p. 509.

[1287] G. O. Nos. 35, 38, 40, Post of Mobile, 1867; Annual Cyclopædia

(1867), pp. 20-23; _N. Y. Times_, May 21, 1867.

[1288] _N. Y. World_, May 28, 1867; S. O. No. 34, 3d M. D., May 31, 1867;

Herbert, "Solid South," p. 40; _N. Y. Times_, May 21, 1867.

[1289] S. O. No. 38, 3d M. D., June 6, 1867; S. O. No. 27, 3d M. D., May

22, 1867; _N. Y. Tribune_, June 12, 1867; _Selma Messenger_, June 18,

1867; _Evening Post_, May, 1867; Annual Cyclopædia (1867), pp. 20-25;

_Mobile Register_, Oct. --, 1867.

[1290] _Mobile Register_, Oct. --, 1867.

[1291] Herbert, "Solid South," pp. 40, 41; _N. Y. Times_, Dec. 27, 1867.

See above, p. 393.

[1292] S. O. Nos. 9, 10, 16, 18, 19, 20, 22, 24, 25, 26, 27, 31, 32, 35,

36, 37, 38, 39, 3d M. D., 1867; Report of the Secretary of War, 1867, Vol.

I, p. 327. (Some of the persons appointed were B. T. Pope and David P.

Lewis, judges; George P. Goldthwaite, solicitor; and B. F. Saffold, mayor

of Selma.)

[1293] Report of the Secretary of War, 1867, Vol. I, p. 364.

[1294] G. O. No. 77, 3d M. D., Oct. 19, 1897; McPherson, p. 319.

[1295] G. O. No. 103, 3d M. D., Dec. 21, 1867.

[1296] Report of the Secretary of War, 1877, Vol. I, p. 333; McPherson, p.

316.

[1297] S. O. 254, 3d M. D., Nov. 26, 1867; Pope to Swayne, Nov. 20, 1867;

_N. Y. World_, Dec. 14, 1867.

[1298] G. O. No. 3, Sub-dist. Alabama, April 12, 1867; McPherson, p. 319.

[1299] McPherson, p. 319.

[1300] _N. Y. Herald_, April 6, 1867.

[1301] _N. Y. Tribune_, June 1, 1867; _N. Y. Herald_, June 4, 1867; G. O.

No. 28, 3d M. D., June 3, 1867; Report of the Secretary of War, 1867, Vol.

I, p. 326.

[1302] Aug. 12, 1867.

[1303] G. O. Nos. 1 and 10.

[1304] G. O. No. 49, 3d M. D., Aug. 12, 1867.

[1305] Report of the Secretary of War, 1867, Vol. I, p. 235.

[1306] _Selma Messenger_, Dec. 25, 1867.

[1307] G. O. No. 25, 3d M. D., 1867.

[1308] S. O. No. 53, 3d M. D., June 27, 1867; G. O. No. 44, 3d M. D., Aug.

1, 1867; Ho. Ex. Doc., No. 30, 40th Cong., 2d Sess.

[1309] G. O. No. 94, 3d M. D., 1867.

[1310] S. O. No. 96, 3d M. D., Aug 5. 1867; Ho. Ex. Doc., No. 30, 40th

Cong., 2d Sess. There were other cases not referred to in general and

special orders, but this was the only case in which Pope himself directly

interfered.

[1311] G. O. No. 5, 3d M. D., April 8, 1867.

[1312] In this way, white majorities in ten counties were overcome by

black majorities in the adjoining counties of the district.

[1313] Of the registrars who later became somewhat prominent in politics,

the whites were Horton, Dimon, Dereen, Sillsby, William M. Buckley,

Stanwood, Ely, Pennington, Haughey--all being northern men. Of the negro

members of the boards, Royal, Finley, Williams, Alston, Turner, Rapier,

and King (or Godwin) rose to some prominence, and their records were much

better that those of their white colleagues.

[1314] G. O. No. 20, 3d M. D., May 21, 1867.

[1315] G. O. No. 12, 3d M. D., 1867.

[1316] Smith was later the first Reconstruction governor of Alabama.

[1317] G. O. No. 41, 3d M. D., 1867.

[1318] G. O. No. 50, 3d M. D., Aug. 15, 1867.

[1319] Governor, secretary of state, treasurer, comptroller, sheriff,

judicial officers of every kind, and all court clerks and other officials,

commissioners, tax assessors and collectors, county surveyors, treasurers,

mayor, councilmen, justices of the peace, solicitors.

[1320] Special Instructions to Registrars in Alabama, Report of the

Secretary of War, 1867, Vol. I, p. 339.

[1321] Registration Orders, June 17, 1867.

[1322] Record of Cabinet Meeting, June 18, 1867, in Ho. Ex. Doc., No, 34,

40th Cong., 1st Sess.; Burgess, p. 136; Ho. Ex. Doc., No. 20, 40th Cong.,

1st Sess.

[1323] Ho. Ex. Doc., No. 20, 40th Cong., 1st Sess.; McPherson, p. 311. See

above, p. 479.

[1324] McPherson, pp. 335, 336; Burgess, pp. 138-142.

[1325] McPherson, pp. 335, 336.

[1326] G. O. No. 59, 3d M. D., Aug. 31, 1867; Journal of Convention of

1867, pp. 3-5; Report of the Secretary of War, 1867, Vol. I, pp. 356, 357;

_Tribune_ Almanac, 1868.

[1327] Sen. Ex. Doc., No. 53, 40th Cong., 2d Sess. _Tribune_ Almanac,

1867, 1868; Report of Col. J. F. Meline, Inspector of Registration, Jan.

27, 1868. These figures are based on the latest reports of 1867. According

to the census of 1866, there would be in 1867, 108,622 whites over

twenty-one years of age, and 89,663 blacks.

[1328] Meline's Report, Jan. 27, 1868. See also Ch. XIII below.

[1329] G. O. No. 76, Oct. 18, 1867; Journal of Convention of 1867, pp.

1-3.

[1330] McPherson, p. 319; Journal of Convention, 1867, pp. 110, 111, 276;

_N. Y. World_, Dec. 14, 1867. When the convention passed a resolution

indorsing the "firm and impartial, yet just and gentle," administration of

Pope, three delegates voted against it because they said Pope had not done

his full duty in removing disloyal persons from office but, after being

informed of their politics, had left them in office. Journal of

Convention, 1867, pp. 110, 111. For account of the convention, see below,

Ch. XIV.

[1331] G. O. No. 101, Dec. 20, 1867; McPherson, p. 319; Journal of

Convention, p. 267.

[1332] The 45th United States Infantry, a negro regiment.

[1333] McPherson, p. 346; G. O. No. 104, H. Q. A. (A. G. O.), Dec. 28,

1867; G. O. No. 1, 3d M. D., Jan. 1, 1868.

[1334] Herbert, "Solid South"; _N. Y. Times_, Jan. 24, 1868.

[1335] G. O. No. 3, 3d M. D., Jan. 6, 1868.

[1336] G. O. No. 16, 3d M. D., Jan. 27, 1868; Annual Cyclopædia (1868), p.

15; Report of Major-General Meade's Military Operations and Administration

of the 3d M. D., etc. (pamphlet); _N. Y. Times_, Jan. 24, 1868.

[1337] See Ch. XV for "convention" candidates.

[1338] Report of Meade, etc., 1868; Telegrams of Meade to Grant, Jan. 11,

12, and 18, and of Grant to Meade, Jan. 13 and 18.

[1339] Report of Meade, etc., 1868; Herbert, "Solid South," pp. 48, 49. In

his first report Meade estimated that the constitution failed of

ratification by 8114 votes (Herbert, "Solid South," p. 49). In his report

at the end of the year, based on the official report of General Hayden,

which was made a month after the election, he changed the number to

13,550. See also Ch. XVI, on the rejection of the constitution.

[1340] G. O. No. 42, 3d M. D., March 12, 1868; McPherson, p. 320; Meade's

Report, 1868.

[1341] In one case he reinstated Charles R. Hubbard, Clerk of the District

Court, who had been removed by Swayne. This was contrary to instructions

from the War Department, which forbade the reappointment of an officer who

had been removed. Annual Cyclopædia (1868), p. 15.

[1342] Report of Meade, etc., 1868; G. O. No. 10, 3d M. D., Jan. 15, 1868.

[1343] G. O. No. 7, Jan. 11, 1868, republishing G. O. No. 3, War

Department, 1866.

[1344] G. O. No. 47, 3d M. D., March 21, 1868.

[1345] Pope was in feeble health, and this treatment hastened his death,

which occurred shortly after being released from jail. Brewer, "Alabama,"

p. 524.

[1346] G. O. No. 53, 3d M. D., April 7, 1868; _N. Y. Herald_, April 1,

1868. Judge Pope was arrested for violating Pope's G. O. Nos. 53, 55,

which certainly provided for mixed juries. Meade was simply putting his

own interpretation on these orders.

[1347] G. O. No. 22, 3d M. D., Feb. 2, 1868; Report of Meade, etc., 1868.

[1348] Report of Meade, etc,. 1868; _Independent Monitor_, April and May,

1868. The _Independent Monitor_ was a long-established and well-known

weekly paper. F. A. P. Barnard, who was afterwards president of Columbia

College, New York, was, when a professor at the University of Alabama, the

editor of the _Monitor_, and under him it won a reputation for spiciness

which it did not lose under Randolph. See also Ch. XXI, for Randolph and

the Ku Klux Klan.

[1349] G. O. No. 31, Feb. 28, 1868; G. O. No. 44, March 18, 1868; G. O.

No. 69, April 24, 1868; McPherson, p. 320; Report of Meade, etc., 1868.

[1350] G. O. No. 6, Jan. 10, 1868; G. O. No. 79, May 20, 1868; McPherson,

p. 320; Report of Meade, 1868.

[1351] Report of Meade, 1868.

[1352] G. O. No. 64, 3d M. D., April 19, 1868; _Selma Times and

Messenger_, April 29, 1868.

[1353] This was the offence according to conservative testimony. The

Radical testimony did not differ greatly, but the "hog thief" happened to

be a carpet-bag politician also.

[1354] These were the "Eutaw cases," and were tried at Selma. Meade

commuted some of the sentences at once. The prisoners were sent to Dry

Tortugas, and were later pardoned by Meade. The officials spoiled the

effect of his leniency by putting the pardoned prisoners ashore at

Galveston, Texas, without money and almost without clothes, while some of

the party were ill. Annual Cyclopædia (1868), p. 17; _Selma Times and

Messenger_, May 5, 1868; _N. Y. World_, May 28, 1868; G. O. No. 80, 3d M.

D., May 20, 1868.

[1355] _Independent Monitor_, April and May, 1868; Report of Meade, 1868;

G. O. No. 78, 3d M. D., May 13, 1868.

[1356] G. O. Nos. 64 and 65, 3d M. D., April 19 and 20, 1868.

During the eight months of Meade's administration in the Third District,

there were thirty-two trials by military commission in Georgia, Florida,

and Alabama. Only fifteen persons were convicted. The sentences in four

cases were disapproved, in eight cases remitted, and two cases were

referred to the President, leaving only one person confined in prison.

Report of Meade, 1868.

[1357] _Selma Messenger_, Oct. 25, 1867.

[1358] _Montgomery Mail_, June 17, 1868; _Independent Monitor_, June 16,

1868.

[1359] Annual Cyclopædia (1868), p. 17; _Montgomery Advertiser_, June 5,

1868.

[1360] Ku Klux Rept., Ala. Test., pp. 1285-1286.

[1361] McPherson, p. 337; see below, Ch. XV.

[1362] Only the Radical candidates had been voted for.

[1363] Report of Meade, 1868.

[1364] G. O. No. 91, 3d M. D., June 28, 1868.

[1365] G. O. No. 100, July 9, 1868.

[1366] G. O. No. 101, July 14, 1868.

[1367] The volume of orders numbered 598 in the Adjutant-General's office

at Washington contains the General Orders of the Third Military District.

Volume 599 relates to civil affairs in the same district.

[1368] _N. Y. Herald_, June 27, 1867.

[1369] Washington (in "The Future of the American Negro," pp. 11, 112,

136) thinks it unfortunate that the native whites did not make stronger

efforts to control the politics of the negro, and prevent him from falling

under the control of unscrupulous aliens. But any attempt to influence the

negro voters was looked upon as "obstructing reconstruction," and, in

fact, was contrary to the spirit of the reconstruction laws and rendered a

person liable to arrest. This was recognized by Patton and others, who,

however, never dreamed that the negroes would be so successfully exploited

by political adventurers, or perhaps they would have pursued a different

policy. General Clanton, the leader of the Conservatives, said that early

in 1867 the whites had endeavored to keep the blacks away from Radical

leaders by giving them barbecues, etc. On one occasion a Radical, who had

once been kept from mistreating negroes by the military authorities at

Clanton's request, told the negroes that the whites intended to poison

them at the barbecue. Two long tables had been set, one for each race, and

the preachers, speakers, and the whites were present, but the blacks did

not come. Ku Klux Rept., Ala. Test., pp. 237, 246.

[1370] _N. Y. Herald_, March 26, 1867.

[1371] Herbert, "Solid South," p. 39; Herbert, "Political History" in

"Memorial Record of Alabama," Vol. I, p. 88; Annual Cyclopædia (1867), p.

16.

[1372] Northern observers who were friendly to the South saw the danger

much more clearly than the southerners themselves, who seemed unable to

take negro suffrage seriously or to consider it as great a danger as it is

generally believed they did. Two years of the Freedmen's Bureau had not

wholly succeeded in alienating the best of the whites and the negroes. The

whites thought that the removal of outside interference would quiet the

blacks. To give the negro the ballot was absurd, they thought, but they

did not consider it necessarily as dangerous as it turned out to be. A

remarkable prophecy of Reconstruction is found in Calhoun's Works, Vol.

VI, pp. 309-310. The behavior of the negro during and after the war, in

spite of malign influences, had been such as to reassure many whites, who

began to believe that to accept negro suffrage and get rid of the

Freedmen's Bureau and the army would be a good exchange. The northern

friendly observers saw more clearly because, perhaps, they better

understood the motives of the Radicals. The _N. Y. Herald_ said: "Briefly,

we may regard the entire ten unreconstructed southern states, with

possibly one or two exceptions, as forced by a secret and overwhelming

revolutionary influence to a common and inevitable fate. They are all

bound to be governed by blacks, spurred on by worse than blacks--white

wretches who dare not show their faces in respectable society anywhere.

This is the most abominable phase barbarism has assumed since the dawn of

civilization. It was all right and proper to put down the rebellion. It

was all right, perhaps, to emancipate the slaves, although the right to

hold them had been acknowledged before. But it is not right to make slaves

of white men, even though they may have been former masters of blacks.

This is but a change in a system of bondage that is rendered the more

odious and intolerable because it has been inaugurated in an enlightened

instead of a dark and uncivilized age." See Annual Register, 1867.

[1373] See McPherson's scrapbook, "The Campaign of 1876," Vol. I, p. 105,

for an account of a typical meeting.

[1374] _Selma Times_, March 19, 1867.

[1375] _N. Y. Herald_, March 27, 1869.

[1376] _N. Y. Herald_, April 25, 1869; Annual Cyclopædia (1869), p. 19.

[1377] Annual Cyclopædia (1869), p. 19; _N. Y. Herald_, April 25, 1869.

[1378] _N. Y. Herald_, May 17, 1869; Annual Cyclopædia (1867), pp. 18, 21.

It is noticeable all through Reconstruction that most of the demands for

social rights or privileges came from Mobile mulattoes.

[1379] For an estimate of the importance of the Union League, see Ch. XVI.

[1380] McPherson, "Reconstruction," pp. 249, 250. The last assertion

refers to such statements as those of Secretary McCulloch and the

Postmaster-General in regard to the character of the "loyalists." See

McCulloch, "Men and Measures," p. 228.

[1381] See Herbert, "Solid South," p. 41.

[1382] On March 15, 1867, Senator Wilson, in a speech in favor of negro

suffrage, said that when the purpose of the act of March 2 was carried

out, the "majority of these states will, within a twelvemonth, send here

senators and representatives that think as we think, and speak as we

speak, and vote as we vote, and will give their electoral vote for whoever

we nominate as candidate for President in 1868. The power is all in our

hands." _Cong. Globe_, March 15, 1867.

[1383] Clanton had been a Whig, had opposed secession, made a brilliant

war record, became the leader of the Democratic and Conservative party in

1866, and led the fight against the carpet-bag government until his death

in 1871. He was killed in Knoxville by a hireling of one of the railroad

companies which had looted the state treasury and against which he was

fighting. Brewer, p. 466; Garrett, pp. 632-645.

[1384] See Herbert, "Solid South," p. 40; Ku Klux Rept., Ala. Test., p.

249.

[1385] _N. Y. Tribune_, May 16, 1867, editorial. When the shots were fired

Kelly showed the white feather, and reclined upon the platform behind and

under the speaker's chair; afterwards he ran hatless to the hotel, and

told the clerk to "swear he was out." A special boat at once took him from

the city to Montgomery.

[1386] _N. Y. Tribune_, May 16, 1767; _N. Y. Times_, May 21, 1867; _N. Y.

World_, May 28, 1867; _Mobile Times_, ----, 1867; _Mobile Register_, ----,

1867; _Evening Post_, ----, 1867; Annual Cyclopædia (1867), pp. 22, 23.

[1387] _N. Y. Herald_, May 26, 1867.

[1388] See Herbert, "Solid South," p. 43; oral accounts, etc.

[1389] Sykes soon deserted the Radicals, and was a Seymour elector the

next year. Later he was a candidate for the U. S. Senate against Spencer.

Brewer, p. 309.

[1390] He was the north Alabama candidate for appointment as provisional

governor in 1865, but was defeated by Parsons, the middle Alabama

candidate. Parsons made him a judge, but he resigned because the lawyers

who argued before him spoke in insulting phrases concerning his war

record. In 1867 Pope appointed him superintendent of registration for the

state. He was a prominent member of the Union League. Brewer, p. 508; _N.

Y. Herald_, June 20, 1867; Report of Joint Committee on Reconstruction,

Pt. III.

[1391] _N. Y. Herald_, June 20, 1867, a northern Republican account.

[1392] Nicholas Davis of Madison County and Judge Busteed were both

candidates for the chairmanship. But the negroes and Union Leaguers were

hostile to Davis, because he did not like negro politicians and

carpet-baggers and was opposed to the Union League. Busteed was not a

favorite for practically the same reasons, and because the negroes thought

he was trying to "ride two horses at once." He had spoken at a meeting of

moderate reconstructionists in Mobile, had presided over the Kelly meeting

where the riot occurred, and was believed to be in favor of moderate

measures. He wrote a letter to the president of the convention, advising

moderation and criticising certain methods of the Radicals. This letter

was styled the "God save the Republic" letter, and was characterized, his

enemies said, by its bad taste and malignant spirit, and was a stab at his

best friends. He was chosen a member of the Lowndes County delegation, but

his name was erased from the list of delegates. He then asked to have the

privileges of the floor as a courtesy, but his request was denied. One

cause of dislike of him was that he was believed to have senatorial

aspirations, and expected the support of the moderates, or "rebel"

reconstructionists. But he was very unfortunate, for the "rebels" also

thought he was trying to play a double game and were dropping him. Suits

were pending against him charging him with malfeasance in office,

fraudulent conversion of money, and corrupt abuse of the judicial office.

Ex-Governor Watts, Judges S. F. Rice and Wade Keys, John A. Elmore, H. C.

Semple, D. S. Troy, and R. H. Goldthwaite were the parties prosecuting

him. _N. Y. Herald_, June 20, 1867; Brewer, p. 365; _Montgomery Mail_,

June 5, 1867.

[1393] Swayne, as well as Busteed, was an aspirant for senatorial honors.

Busteed had succeeded in causing the rejection of Albert Griffin, the

editor of the _Mobile Nationalist_, as register in chancery. Griffin was

Swayne's friend, and now each gave the other the benefit of his influence.

_N. Y. Herald_, June 20, 1867; _Montgomery Mail_, June 5, 1867.

[1394] _N. Y. Herald_, June 17, 1867.

[1395] The only taxes that affected these people.

[1396] Annual Cyclopædia (1869), pp. 25, 26; _Montgomery Mail_, June 5,

1867; _N. Y. Herald_, June 19, 20, 1867.

[1397] _Montgomery Advertiser_, July 19, 1867.

[1398] Herbert, pp. 43, 44; _N. Y. Herald_, June 20 and 27, 1867. Most of

the violent and radical schemes originated and were advocated by the white

Radical leaders. Generally the negro leaders made moderate demands.

Holland Thompson, a negro leader, in a speech at Tuskegee, advised his

race not to organize a negro military company, as it would be sure to

cause trouble. He said that the negro did not ask for social equality. He

told the negroes to stop buying guns and whiskey and go to work.

McPherson's scrapbook, "The Campaign of 1867," Vol. I, p. 107. In striking

contrast were the speeches of such white men as B. W. Norris and A. C.

Felder, who undertook to persuade the negroes that Reconstruction was the

remedy for all the ills that affected humanity. McPherson's scrapbook,

"The Fourth of July" (1867), pp. 124, 125.

[1399] Herbert, p. 44.

[1400] Lawyer, colonel of 7th Alabama Cavalry, superintendent of

education, 1870-1872, author of "The Cradle of the Confederacy," "Alabama

Manual and Statistical Register," editor _Montgomery Mail_, _Mobile

Register_, etc.

[1401] A reign of terror had followed the reconstruction of Tennessee

under "Parson" Brownlow.

[1402] _N. Y. Times_, Aug. 19, 1867.

[1403] _N. Y. Herald_, Sept. 6, 1867; Annual Cyclopædia (1867), p. 28;

Herbert, p. 44.

[1404] Herbert, pp. 44, 45; _N. Y. Herald_, Sept. 6, 1867.

[1405] _Montgomery Sentinel_, July 3, 1867; _N. Y. Herald_, Aug. 5, 1867.

[1406] Ku Klux Rept., Ala. Test., p. 357. A frequent threat.

[1407] _N. Y. World_, Nov. 11, 1867; Harris, "Political Conflict in

America," p. 479.

[1408] _N. Y. Herald_, Oct. 13, 1867.

[1409] Accounts of negroes and whites who were at the polls.

[1410] _Selma Messenger_, Oct. 10 and 12, Dec. 20 and 22, 1867, and Jan.

2, 1868; _Montgomery Mail_, Jan. 30, 1868; Ball, "Clarke County"; oral

accounts.

[1411] Freedmen's Bureau Report, Nov. 1, 1867.

[1412] Sen. Ex. Doc., No. 53, 40th Cong., 2d Sess.; Ho. Ex. Doc., No. 238,

40th Cong., 2d Sess. The _N. Y. Tribune_, Oct. 21, 1867, gives slightly

different figures. Statements of the vote do not agree. There was much

confusion in the records. For statistics, see above, pp. 491, 494.

[1413] Samuel A. Hale, a dissatisfied Radical from New Hampshire, a

brother of John P. Hale, wrote to Senator Henry Wilson, on Jan. 1, 1868,

concerning the character of the members of the convention. He said that

many were negroes, grossly ignorant; a large proportion were northern

adventurers who had manipulated the negro vote; and all were "worthless

vagabonds, homeless, houseless, drunken knaves." Hale had lived for

several years in Alabama. Ku Klux Rept., Ala. Test., pp. 1815-1830.

[1414] There is doubt about four or five men, whether they were black or

white. The lists made at the time do not agree.

[1415] _N. Y. World_, Nov. 11, 1867, and Feb. 22, 1868; _Selma Messenger_,

Dec. 20 and 22, 1867; Annual Cyclopædia (1867), p. 30; Herbert, "Solid

South," p. 45. A partial list of aliens as described by a northern

correspondent: A. J. Applegate of Wisconsin; Arthur Bingham of Ohio and

New York; D. H. Bingham of New York, who had lived in the state before the

war, an old man, and intensely bitter in his hatred of southerners; W. H.

Block of Ohio; W. T. Blackford of New York, a Bureau official, "the wearer

of one of the two clean shirts visible in the whole convention"; M. D.

Brainard of New York, a Bureau clerk who did not know, when elected to

represent Monroe, where his county was located; Alfred E. Buck of Maine, a

court clerk of Mobile appointed by Pope; Charles W. Buckley of

Massachusetts, New York, and Illinois, chaplain of a negro regiment, later

a Bureau official; William M. Buckley of New York, his brother; J. H.

Burdick of Iowa, extremely radical; Pierce Burton of Massachusetts, who

had been removed from the Bureau for writing letters to northern papers,

advocating the repeal of the cotton tax, but now that the negroes desired

the repeal of the tax, the breach was healed; C. M. Cabot of (unknown),

member of Convention of 1865; Datus E. Coon of Iowa; Joseph H. Davis of

(unknown), surgeon U.S.A., member of convention of 1865; Charles H. Dustan

of Illinois; George Ely of Massachusetts and New York; S. S. Gardner of

Massachusetts, of the Freedmen's Bureau; Albert Griffin of Ohio and

Illinois, Radical editor; Thomas Haughey of Scotland, surgeon U.S.A.; R.

M. Johnson of Illinois, lived in Montgomery and represented Henry County;

John C. Keffer of Pennsylvania, chairman of Radical Executive Committee,

"known to malignants as the 'head devil' of the Loyal League"; David Lore

of (unknown); Charles A. Miller of Maine, Bureau official, "wore the

second clean shirt in the convention"; A. C. Morgan of (unknown); B. W.

Norris of Maine, Commissioner of National Cemetery, 1863-1865, Commissary

and Paymaster, 1864-1866, Bureau official; E. Woolsey Peck of New York; R.

M. Reynolds of Iowa, six months in Alabama and "knew all about it"; J.

Silsby of Massachusetts, another Bureau reverend; N. D. Stanwood of

Massachusetts, a Bureau official who had caused several serious negro

disturbances in Lowndes County; J. P. Stow of (unknown); Whelan of

Ireland; J. W. Wilhite of (unknown), U.S. sutler; Benjamin Yordy of

(unknown), a Bureau official and revenue official who never saw the county

he represented; Benjamin Rolfe, a carriage painter from New York, was too

drunk to sign the constitution, and was known as "the hero of two shirts,"

because when he failed to pay a hotel bill in Selma his carpet-bag was

seized, and was found to contain nothing but two of those useful garments.

Ku Klux Rept., Ala. Test., _passim_; _N. Y. World_, Nov. 11, 1867;

Herbert, p. 45.

[1416] Some of the better known were: R. Deal of Dale County, a Baptist

preacher, one of those who, in 1865, negligently reconstructed the state,

and the hope was now expressed that "he has better success in

reconstructing souls than sovereignties"; W. C. Ewing of Baine County,

"one of the original Moulton Leaguers who, in 1865, first organized the

Radical party in Alabama," a bitter Radical; W. R. Jones of Covington, had

been barbarously murdered in "a rebel outrage," but came to the convention

notwithstanding; B. F. Saffold, an officer of the Confederate army and

military mayor of Selma; Henry C. Semple, ex-Confederate, nephew of

President Tyler; Joseph H. Speed, cousin of Attorney-General Speed.

[1417] The negro members were: Ben Alexander of Greene, field hand; John

Caraway of Mobile, assistant editor of the _Mobile Nationalist_; Thomas

Diggs of Barbour, field hand; Peyton Finley, formerly doorkeeper of the

House; James K. Green of Hale, a carriage driver; Ovid Gregory of Mobile,

a barber; Jordan Hatcher of Dallas and Washington Johnson of Russell,

field hands, were the blackest negroes in the convention; L. S. Latham of

Bullock; Tom Lee of Perry, field hand, who had a reputation for

moderation; Alfred Strother of Dallas; J. T. Rapier of Lauderdale,

educated in Canada; J. W. McLeod of Marengo; B. F. Royal of Bullock; J. H.

Burdick of Wilcox; H. Stokes and Jack Hatcher of Dallas; Simon Brunson and

Benjamin Inge of Sumter; Samuel Blandon of Lee; Lafeyette Robinson and

Columbus Jones of Madison. Beverly, "History of Alabama," p. 203; _N. Y.

World_, Nov. 11, 1867; Owen, "Official and Statistical Register," p. 125.

[1418] Journal Convention of 1867, pp. 3-5.

[1419] Journal Convention of 1867, p. 5; _N. Y. Herald_, Nov. 13, 1867;

Annual Cyclopædia (1867), p. 30.

[1420] _Selma Messenger_, Dec. 22, 1867; Journal Convention of 1867, p. 6;

_N. Y. World_, Nov. 11, 1867.

[1421] Journal, pp. 69-71, 249, 251, 264; Annual Cyclopædia (1867), p. 32;

_N. Y. Herald_, March 16, 1867.

[1422] Journal, pp. 10, 12, 13; _N. Y. World_, Nov. 20, 1869; Annual

Cyclopædia (1867), p. 30.

[1423] Journal, pp. 13, 110, 111, 276; _N. Y. Herald_, Nov. 13, 1867.

[1424] Twice the pay in the convention of 1865.

[1425] Journal, pp. 79, 178, 249-251; Pope to Swayne, Nov. 20, 1867; _N.

Y. World_, Dec. 14, 1867; G. O. No. 254, 3d M. D., Nov. 26, 1867.

[1426] Journal, p. 57.

[1427] Journal, p. 61; _N. Y. Herald_, Nov. 15, 1867.

[1428] Journal, p. 189; Herbert, "Solid South," p. 46; _N. Y. Herald_,

Nov. 13, 1867; Annual Cyclopædia (1867), p. 33.

[1429] Journal, pp. 262, 263.

[1430] Journal, pp. 15, 212, 263; _N. Y. Herald_, Nov. 13, 1867.

[1431] Annual Cyclopædia (1867), p. 33; _Selma Messenger_, Dec. 22, 1867.

[1432] Journal, p. 149; _N. Y. World_, Dec. 14, 1867.

[1433] Dubbed "the incarnate fiend" by the whites because of his violent

prejudice.

[1434] _N. Y. World_, Dec. 14, 1867; _Montgomery Mail_, Nov., 1867; _N. Y.

Herald_, Nov. 13 and 23 and Dec. 8, 1867.

[1435] Journal, pp. 8, 12, 17; _N. Y. Herald_, Nov. 13, 1867.

[1436] By Griffin of Ohio, Keffer of Pennsylvania, Norris of Maine, and

Davis of (?). It was said that Norris and Davis had to be influenced by

Swayne to sign the majority report. _N. Y. World_, Nov. 20, 1867.

[1437] Journal, pp. 30-34; _N. Y. World_, Nov. 20, 1867.

[1438] By Speed of Virginia, Whelan of Ireland, and Lee (negro).

[1439] Journal, pp. 36, 37; Annual Cyclopædia (1867), p. 31.

[1440] Annual Cyclopædia (1867), p. 32; _N. Y. World_, Nov. 20, 1867.

[1441] _N. Y. Herald_, Nov. 13, 1867; Annual Cyclopædia (1867), p. 31.

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

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

[1444] Journal, p. 47.

[1445] Journal, p. 47.

[1446] Journal, p. 45.

[1447] Journal, p. 53.

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

[1449] Journal, pp. 84, 85.

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

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

[1452] Code of Alabama, 1876, p. 113. Griffin said that the oath required

the voter never to favor a change in the new constitution so far as the

suffrage was concerned; that "it was the determination of the committee to

forever fasten this constitution on the people of Alabama. He wanted to

tie the hands of rebels, so that complete political equality should be

secured to the negro." Annual Cyclopædia (1867), p. 32.

[1453] This was aimed at the Confederate soldiers of north Alabama, who

had imprisoned and in some cases hanged the tories and outlaws of that

section.

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

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

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

[1457] Journal, pp. 265-269.

[1458] Journal, pp. 255, 571.

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

[1460] Journal, pp. 272, 273.

[1461] Journal, p. 63. The whites had for more than two years been asking

for the repeal of this unjust tax, but they were not heeded. As soon as

the negroes demanded its repeal, it was repealed. That was certainly one

advantage they received from the possession of political rights. One

petition from the negroes asked that the tax be repealed because, in many

instances, it was greater than the value of the land. If this was not

done, they wanted the land taken from the owners and worked in common. _N.

Y. Herald_, Nov. 13, 1867.

[1462] Journal, p. 244.

[1463] Journal, pp. 266, 267.

[1464] Journal, p. 240; Meade, Speed, Semple, Cabot, Graves, J. L.

Alexander, Ewing, Latham, and Hurst.

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

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

1867.

[1467] Journal, p. 243.

[1468] The Codes of Alabama for 1876 and 1896 do not recognize the

validity of the constitution of 1868. It is listed as the "Constitution

(so-called) of the State of Alabama, 1868." The president of the

convention of 1875 said, "What is called the present constitution of the

state of Alabama is a piece of unseemly mosaic, composed of shreds and

patches gathered here and there, incongruous in design, inharmonious in

action, discriminating and oppressive in the burdens it imposes, reckless

in the license it confers on unjust and wicked legislation, and utterly

lacking in every element to inspire popular confidence and the reverence

and affection of the people." Journal, 1875, p. 5.

[1469] Ely, a delegate from Russell, was a candidate in Montgomery;

Brainard, a delegate from Monroe, was a candidate in Montgomery; R. M.

Johnson, a delegate from Henry, was also a candidate in Montgomery. These

men, however, lived in Montgomery and had never seen the counties they

represented.

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

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

[1472] _N. Y. World_, Feb. 13 and 22, 1868; _Selma Times and Messenger_,

Feb. 28, 1868; _Cong. Globe_, March 11, 1868; Herbert, "Solid South";

Beverly, "Alabama"; Owen, p. 125.

The above list is not complete, as there were undoubtedly other candidates

among those who did not sign the constitution, since a number of them fell

into line later. The starred names are those of candidates who were also

registrars, and who not only conducted their own elections for the

convention, but also for office under the new constitution. Three members

of the majority who signed the report were not eligible for office when

the election came off, two being in jail,--one for stealing and the other

for fraud,--while a third "had been betrayed into an act of virtue by

dying." _N. Y. World_, Feb. 13, 1868.

[1473] After the election, Governor Patton, who at first had supported

Reconstruction, issued an address complaining that nearly all the

candidates voted for were strangers to the people; that many were ignorant

negroes, and that in one county all the commissioners-elect were negroes

who were unable to read; that unlicensed lawyers, wholly uneducated, were

chosen for state solicitors; that the strangers were too often of bad

character; and that the Radical party consisted almost entirely of

negroes, the native whites having forsaken the party as soon as the

negroes fell under the control of the imported Radicals who ran the

machine. _N. Y. Times_, April 23, 1868.

[1474] Herbert, p. 47.

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

[1476] The Radical papers in Alabama were supported almost entirely by

campaign funds and by appropriations from the government for printing the

session laws of the United States. They styled themselves the "Official

Journals of the United States Government." When one offended and the

Washington patronage was withdrawn, it always collapsed. In 1867 the

reconstructionist papers in the state were _Alabama State Sentinel_, _The

Nationalist_, _Elmore Standard_, _East Alabama Monitor_, _Alabama

Republican_, _The Tallapoosian_, _The Reconstructionist_, _Huntsville

Advocate_, _Moulton Union_, _Livingston Messenger_. See Journal Convention

of 1867, p. 242. The circulation of each paper was small and almost

entirely among the negroes. Special campaign editions were printed and

scattered broadcast. The constitution was printed in all of the

above-named papers, and also in a Washington paper which was franked by

the thousands from Congressmen through the Union League as a campaign

document. _N. Y. World_, Feb. 22, 1868.

[1477] See, for example, _The Nationalist_, Feb. 4, 1868 (editorial). On

Jan. 16, 1868, an "Address to the Laboring Men of Alabama" stated in part,

"If you fail to vote and the constitution fails to be ratified, your right

to vote hereafter closes and all participation on your part in the

administration of the laws of the state is at an end." _Montgomery Mail_,

Jan., 1868.

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

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

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

Conservative."

[1481] Popular accounts say thousands, but not as many went this time as

later, in the early 70's.

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

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

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

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

[1486] Both later became Radicals.

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

[1488] _N. Y. Times_, Jan. 14, 1898; _Montgomery Mail_, Jan. 17, 1868;

Herbert, p. 48; Annual Cyclopædia (1868), p. 15.

[1489] Thirty-five white counties with a population of 393,441--282,282

whites and 111,159 blacks--had 135 representatives, or one representative

to 11,241 of the population. Twenty-four black counties with a population

of 580,717--252,407 whites and 328,300 blacks--had 65 representatives, or

one to 8933. Three small white counties were not represented, but had to

vote with others.; _Selma Times and Messenger_, March 10, 1868; _Cong.

Globe_, 1867-1868, pp. 2197, 2198.

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

[1491] _Selma Times and Messenger_, March 10, 1868. The minority report,

March 17, 1868, of Beck of Kentucky and Brooks of New York, on the

admission of Alabama, sums up the Conservative objections to the

constitution. See _Cong. Globe_, March 17, 1868, p. 1937.

[1492] Annual Cyclopædia (1868), p. 15; _N. Y. Times_, Jan. 24, 1865;

_Selma Times and Messenger_, March 10, 1868.

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

[1494] _Tribune_ Almanac, 1868. The methods of the registrars may be

imagined, since Meade had more than 15,000 names of negroes struck from

the lists.

[1495] It is impossible to obtain exact figures of the registration; no

one ever knew exactly what they were, and accounts never agree. Meade's

estimate was 170,734, Report, 1868. Another estimate was 170,000, _Cong.

Globe_, March 17, 1868, p. 1904; and still another 171,378, Alabama Manual

and Statistical Register, p. xxiii. It is evident that the registration

was about 170,000.

[1496] In 1867 the vote on holding a convention had been more than a

majority of registered voters.

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

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

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

Report of Meade, 1868.

[1500] Report of Meade, 1868.

[1501] _Montgomery Mail_, Feb. 4, 5, 12, and 19, 1868; _N. Y. World_,

March 14, 1868; _Cong. Globe_, March 17, 1868, p. 1937; _Mobile Register_,

Feb. 6, 1868; _Selma Times and Messenger_, Feb. 29, 1868.

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

[1503] A political adviser at the polls.

[1504] The Conservatives had challenged such voters several times and

Johnson sent the following order:--

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

"The Judges of the Election at the Mississippi Hotel will receive all

ballots endorsed by the voter and my signature. The certificate of voters

is in my possession.

"Respectfully,

"D. G. JOHNSON,

"Registrar District No. 1."

--_Mobile Register_, Feb. 6, 1868.

[1505] _Cong. Globe_, March 17, 1868, p. 1937; Ho. Ex. Doc., No. 303, 40th

Cong., 2d Sess.; _N. Y. World_, March 14, 1868.

[1506] In Henry County the registrars had all forsaken the party and

resigned. On the last day the United States troops opened the polls and 29

people voted. _Abbeville Register_, Feb. 16, 1868. In Dale County it was

much the same way. After a careful search one John Metcalf of Skipperville

was found to make complaint on behalf of the reconstructionists. It was a

sad story: "We had," he said, "depended on Mr. Deal, the delegate to the

convention, to bring the registration books, 'but he fused with the

destructive party' and we couldn't register. On the fourth day an election

was held anyway, but the Conservatives would not let us hold it on the

fifth. It was the almost united wish of the voters of the county to adopt

the constitution. There are about 150 in the county that are opposed to

it, and they united on the fifth and broke us up. We would have polled

1400 to 1500 votes for the constitution." Ho. Mic. Doc., No. 111, 40th

Cong., 2d Sess.

[1507] In Montgomery 41 whites of 4200 voted. Of these 15 were

carpet-baggers and nearly all were candidates for office. The _Montgomery

Mail_ of Feb. 11 printed the entire list, with sarcastic comments on their

past history and present aspirations. The list was headed, _Our White

Black List, The Roll of Dishonor_. See _Cong. Globe_, March 11, 1868, p.

1827.

[1508] The storm played a very effective part in the debates in Congress

later. Moving tales were told of negroes swimming the swollen streams in

order to get to the polls. One instance was given where, in swimming the

Alabama River, which was beyond its banks and floating with ice, a negro

was drowned. _Cong. Globe_, 1867-1868, p. 2865. The river at this point

when out of its banks is not less than a mile wide, and there was never

any ice in it since the glacial epoch.

[1509] The Conservatives claimed that the Lowndes county box was stolen by

the Radicals themselves as soon as they saw the constitution had failed of

ratification, in order to give point to charges of fraud. In the same way

the returns from Baine, Colbert, and Jones counties were so tampered with

by the Radical election officials that the military canvassers were

obliged to reject them. _Montgomery Mail_, Feb. 12, 1868; _Cong. Globe_,

1867-1868, p. 2139.

[1510] _The Nationalist_, Feb. 13 and 20, and Aug. 24, 1868; _N. Y.

World_, March 14, 1868; _Selma Times and Messenger_, Feb. 28, 1868; _Cong.

Globe_, March 11, 1868, pp. 1818, 1823. This is a statement signed by

Griffin of Ohio, Keffer of Pennsylvania, Burton of Massachusetts, Hardy

and Spencer of Ohio, and indorsed by Joshua Morse, who signed himself as

"disfranchised rebel."

[1511] Report of Meade, 1868. Meade made this report to Grant at the time,

and at the end of the year he made practically the same, though perhaps a

little stronger. The _Nationalist_ (Albert Griffin of Ohio, editor) said,

April 9, 1868, that the statements of Meade, the "military saphead," were

"false in letter and false in spirit."

[1512] Ho. Mis. Doc., No. 111, 40th Cong., 2d Sess. The whites were

complaining loudly because of the scarcity of labor, and few would

discharge a negro laborer, no matter how often he might vote the Radical

ticket. General Hayden sent a list of eighteen questions in regard to the

election to every election official. They covered every possible point,

and full answers were required. One of the questions was in regard to the

proportion of white voters. A summary of the answers is here given: 1.

_Elmore County._ Intimidation and threats of discharge; of the 1000 to

1200 whites who registered, from 12 to 15 voted. 2. _Autauga._ No

intimidation, but threats of discharge; of the 900 whites registered, 200

voted. 3. _Chambers._ Fair election, with 23 white voters of the 1400

registered. 4. _Russell._ Threats of discharge; one-thirty-sixth of the

whites voted. 5. _Tallapoosa._ "Persuasion and arguments" deterred the

blacks from voting; 20 whites voted of the 1500 who registered. 6.

_Coosa._ Two discharges; one-third of the whites voted. 7. _Montgomery._

"Ostracism," and two discharges; 41 whites voted of the 4200 who

registered. 8. _Macon._ Fair election and 4 whites voted of the 800

registered. 9. _Lee._ One discharge and threats; 30 or 40 whites voted of

1500 registered. 10. _Randolph._ Fair election. 11. _Clay._ Threats of

ostracism and one discharge. 12. _Crenshaw._ Two discharges. 13.

_Lowndes._ Three threats of discharge; "too much challenging;" 10 whites

voted of 850 registered. 14. _Barbour._ Four threats of discharge; "whites

afraid of social proscription." 15. _Bullock._ "Needless questions" to

voters, and three threats of discharge; no whites voted. 16. _Pike._ One

threat of discharge; one-fourth of the whites voted. 17. _Butler._ Eight

threats; 3 whites of 1400 voted. 18. _Covington._ "Threats;" 225 whites

voted of the 900. 19. _Coffee._ "Threats" and "proscription." 20-21.

_Dale_ and _Henry_. No election; no registrars; none would serve. In Dale

County were a number of "outrageous acts committed by a Mr. Oats." 22-27.

_Mobile_, _Washington_, _Baldwin_, _Clarke_, _Monroe_, and _Conecuh_.

"Threats and social ostracism;" 125 of 3750 whites voted. 28. _Walker._

Fair election; one negro driven away; "more whites voted than were

expected." 29-30. _Winston_ and _Jackson_. More whites voted than were

expected; one threat in Jackson. 31-32. _Madison_ and _Lauderdale_. Fair

elections; in Lauderdale 150 of 1500 whites voted. 33. _Lawrence._

"Persuasion;" 311 of 1400 whites voted. 34-35. _Colbert_ and _Franklin_.

Twenty-five per cent of the whites voted; 75 per cent "were opposed to

article 7, paragraph 4, of constitution." 36-38. _Limestone_, _Morgan_,

and _Cherokee_. Fair elections; few whites voted. 39. _Marshall._

"Threats"; one-third of the whites voted. 40. _De Kalb._ Fair; 650 of the

900 whites. 41. _Baine._ "Handbills advised people not to vote;" only

one-fifth voted. 42. _Blount._ One threat; "persuasion;" one-fourth of the

whites voted. 43. _St. Clair._ Threats; one-third of the whites voted.

44-45. _Marion_ and _Jones_. Fair; two-sevenths of the whites voted. 46.

_Fayette._ Speeches published against the constitution, three drunken men

threatened the managers at one box; liquor given to negroes to "vote

against their intentions," all of which "prevented full and free

expression of opinion by ballot"; two-sevenths of the whites voted. 47.

_Shelby._ Fair; one-fourth of the whites voted. 48. _Talladega._ Fair,

though threats were heard; three-tenths of the whites voted. 49. _Perry._

Fair; 24 of the 1066 whites voted. 50. _Bibb._ Fair; 167 of the 1021

whites. 51. _Dallas._ Fair; 78 whites voted; others suffered from "want of

independence." 52. _Wilcox._ Ten threats; 12 whites of 800. 53.

_Tuscaloosa._ One threat; one-fifth of the whites voted. 54. _Pickens._

"Threats too numerous to mention;" 60 to 70 of the 1100 whites voted. 55.

_Jefferson._ Fair; one-fifth of the whites voted. 56. _Sumter._ Threats

against blacks; whites to be ostracized. 57. _Greene._ Threats, though the

"Union Men" were afraid to tell who threatened them; 446 ballots had

"Constitution" torn off. 58. _Marengo._ Voters were refused at one box

because the names were not on the list, though the parties were willing to

swear they had been registered. Threats and speeches were made at the

polls and one man made 16 discharges; 16 whites of the 997 voted. 59-62.

No reports from _Choctaw_, _Calhoun_, _Cleburne_, and _Hale_.

Nearly all officials reported quiet elections; the assertions about

threats were almost invariably hearsay. Even the few specific instances

were based on hearsay. The worst complaint was that Conservatives

sometimes attended and challenged the votes of certain negroes, and made

speeches or used persuasion to induce the negroes not to vote. Much

importance was attached to the ridicule and jeers of the white leaders.

These reports were made by the election officials, who were thoroughgoing

reconstructionists. General Meade denied the charges of fraud and

intimidation.

It will be noticed that the heaviest white vote was cast in the counties

where there were few negroes, and where the Peace Society had been

strongest during the war. If the estimates given above by the registrars

were correct, it is doubtful if 5000 whites voted in the election, as was

asserted. The judges were supposed to mark "C" on the ballot of a negro

and "W" on that of a white. Ho. Mis. Doc., No. 111, 40th Cong., 2d Sess.;

Ho. Ex. Doc., No. 303, 40th Cong., 2d Sess.; Report of Meade, 1868;

_Montgomery Mail_, Feb. 19, 1868; _N. Y. World_, March 14, 1868.

[1513] Strobach, the Austrian, went so far off in the Northwest that after

the state was admitted he could not return to the special session of the

legislature. He drew his pay, however, the Speaker certifying that he was

present. _N. Y. World_, Oct. 8, 1868; _Montgomery Mail_, April 14, 1869;

_Nationalist_, Feb. 18, 1868.

[1514] In _North Alabamian_, 1868.

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

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

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

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

[1519] _Cong. Globe_, March 10, 11, and 17, 1868, pp. 1790, 1818, 1821,

1823, 1824, 1825, 1827, 1934, 1935, 1937, 1938.

[1520] Both statements were incorrect.

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

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

2193, 2216.

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

[1524] April 23, 1868.

[1525] _Nationalist_, April 9, 1868.

[1526] _Independent Monitor_, April 21, 1868.

[1527] Yordy, a carpet-bag Bureau agent, registrar, and senator-elect from

Sumter County, was turned out of a hotel at Eutaw and told to go to the

negro inn. _Tuscaloosa Independent Monitor_, Sept. 1, 1868.

[1528] _Globe_, March 28, 1868, p. 2140. Claus and Wilson were two

carpet-baggers of Tuscaloosa.

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

1825.

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

[1531] _Cong. Globe_, June 5 and 6, 1868, pp. 2858, 2865, 2867, 2900,

2964; McPherson, "Reconstruction," p. 340; Foulke, "Life of Morton," Vol.

II, p. 47.

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

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

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

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

[1536] McPherson, p. 337. The present constitution of the state, adopted

in 1901, nullifies this fundamental condition. Other southern states have

also disregarded this limitation.

[1537] McPherson, p. 338.

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

[1539] Warner, who was said to have gone to his own state--Ohio--and run

for office, now returned.

[1540] The credentials were signed by E. W. Peck, president of the

convention of 1867, who certified to their election. _Globe_, July 24,

1868, p. 4294.

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

4459, 4466.

[1542] President Jay's Address, March 26, 1868; Bellows, "History Union

League Club of New York," pp. 6-9; "Chronicle of Philadelphia Union

League," pp. 5-8.

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

League Club," p. 9.

[1544] First Annual Report of Board of Directors of Union League of

Philadelphia; Bellows, pp. 9, 32; "Chronicle of Philadelphia Union

League," pp. 70, 112.

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

[1546] Bellows, p. 90.

[1547] There were 144 different pamphlets published by the Philadelphia

League and 44 posters; 56,380 pamphlets were issued in 1865; 867,000

pamphlets were issued in 1866; 31,906 pamphlets were issued in 1867;

1,416,906 pamphlets were issued in 1868; 4,500,000 pamphlets were issued

in eight years. "Chronicle of Philadelphia Union League," pp. 106, 107,

145.

[1548] "Chronicle of Philadelphia Union League," p. 169; Bellows, pp. 90,

99, 100, 102; Reports of the Executive Committee, Union League Club of N.

Y., 1865-1866; _Century Magazine_, Vol. VI, pp. 404, 949; oral accounts.

[1549] I am especially indebted to Professor L. D. Miller, Jacksonville,

Ala., for many details concerning the Loyal Leagues. He made inquiries for

me of people who knew the facts. I have also had other oral accounts. See

also Ku Klux Rept., Ala. Test. (Pierce), p. 305; (Lowe), p. 894; (Forney),

p. 487.

[1550] Ku Klux Rept., Ala. Test. (Sayre), p. 357; (Governor Lindsay), p.

170; (Nicholas Davis), p. 783; (Richardson), pp. 815, 855; (Ford), p. 684;

(Lowe), p. 892; (Forney), p. 487; Miller, "Alabama," p. 246; Herbert,

"Solid South," pp. 36, 41; also oral accounts.

[1551] There is a copy of the charter of a local council in the Alabama

Testimony of the Ku Klux Report, p. 1017. The Montgomery Council was

organized June 2, 1866, and three days later General Swayne, of the

Freedmen's Bureau, joined it. It was charged that even thus early he was

desirous of representing Alabama in the Senate. Herbert, pp. 41-43.

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

[1553] Ku Klux Rept., Ala. Test. (Lowe), p. 872; (English), pp. 1437,

1438; (Lindsay), p. 170; _N. Y. Herald_, Aug. 5, 1869, and June 20, 1867;

Professor Miller's account; oral accounts.

[1554] In Sumter County a northern teacher of a negro school informed a

planter that the Leaguers were sworn to defend one another, and that he,

the planter, would be punished for striking a Leaguer whom he had caught

stealing and had thrashed. _Selma Times and Messenger_, July 21, 1868.

[1555] The Montgomery Council, May 22, 1867, resolved "That the Union

League is the right arm of the Union Republican party of the United

States, and that no man should be initiated into the League who does not

heartily indorse the principles and policy of the Union Republican party."

Herbert, "Solid South," p. 41. A Confederate could not be admitted to the

League unless he would acknowledge that during the war he had been guilty

of treason.

[1556] Alcohol on salt burns with a peculiar flame, making the faces of

those around, especially the negroes, appear ghostly.

[1557] A copy of the constitution and ritual was secured by the whites and

published in the _Montgomery Advertiser_, July 24, 1867; printed also in

Fleming, "Documents relating to Reconstruction," No. 3.

[1558] The Montgomery Council was composed of white Radicals, and the

Lincoln Council in the same city was for blacks. Most of the officers of

the latter were whites. Herbert, p. 41.

[1559] This fact will partly explain why there were burnings of negro

churches and schoolhouses by the Ku Klux Klan. These were political

headquarters of the Radical party in each community.

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

Klan," pp. 45, 46.

[1561] Ku Klux Rept., Ala. Test. (Lindsay), pp. 170, 179; (Nicholas

Davis), p. 783; (Richardson), pp. 839, 355; (Lowe), pp. 872, 886, 907;

(Pettus), p. 384; (Walker), pp. 962, 975.

[1562] Thaddeus Stevens's speech on confiscation, through the Loyal

League, had a wide circulation in Alabama. Agents were sent to the state

to organize new councils and to secure the benefits of the proposed

confiscation; free farms were promised the negroes. _N. Y. Herald_, June

20, 1867. Many whites now believed that wholesale confiscation would take

place.

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

(Herr), pp. 1662, 1663.

[1564] Ku Klux Rept., Ala. Test. (Lowe), pp. 886, 887, 894, 997; (Davis),

p. 783; (Cobbs), p. 1637; (Pettus), p. 6393.

[1565] Ku Klux Rept., Ala. Test. (Ford), p. 684; (Herr), p. 1665;

(Pettus), p. 381; (Jolly), pp. 283, 291; (Sayre), p. 357; (Pierce), p.

313; _N. Y. Herald_, Dec. 4, 1867, Oct. 2, 1868; Herbert, "Solid South,"

p. 45. One Wash Austin, a Democratic negro, was attacked by a mob,

pursued, and when he reached home his wife called him "a damned

Conservative," struck him on the head with a brick, and then left him.

Norris V. Hanley, in Ho. Mis. Doc., No. 15, 41st Cong., 2d Sess.

[1566] _N. Y. Herald_, Oct. 13 and Nov. 11, 1867, Eufaula correspondence;

Ku Klux Rept., Ala. Test. (Sanders), p. 1812; (Pettus), p. 381; (Herr), p.

1663; (Pierce), p. 313; (Sayre), p. 357; Harris, "Political Conflict in

America," p. 479.

[1567] A notice posted on the door of a citizen of Dallas County was to

this effect, "Irvin Hauser is the damnedest rascal in the neighborhood,

and if he and three or four others don't mind they will get a ball in

them." _Selma Times and Messenger_, April 21, 1868; oral accounts; see

also Brown, "Lower South," Ch. IV; Herbert, pp. 3, 8.

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

[1569] _N. Y. Herald_, Dec. 5 and 22, 1867; _Montgomery Advertiser_, Dec.

4, 1867 (J. M. Chappell).

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

1382, 1384.

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

(Sayre), p. 357; (Pierce), p. 313.

[1572] _Selma Messenger_, July 19, 1867; see Fleming, "Documents relating

to Reconstruction," No. 3.

[1573] It is certain that the estimate of 18,000 white and 70,000 black

members at the same time is not correct. As the latter increased in

numbers the former decreased. Early in 1867 Keffer said there were 38,000

whites and 12,000 blacks in the League. _N. Y. Herald_, May 7, 1867.

Perhaps he meant the total enrolment early in the year. In 1868 he claimed

20,000 whites, about 17,000 too many.

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

Test., _passim_.

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

[1576] In the Ku Klux Rept., Ala. Test., the Conservative and sometimes

the Radical witnesses assert that the Ku Klux movement was caused partly

by the workings of the Union League.

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

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

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

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

[1581] Ku Klux Rept., p. 170; Census of 1860. The assessed valuation of

property increased 117% from 1850 to 1860. The comptroller's report of

Nov. 12, 1858, states that the slave property of the state at that time

paid nearly half the taxes. This was true of all ordinary taxes to 1865.

See Senate Journal, 1866-1867, p. 291.

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

Convention, Nov. 11, 1867.

[1583]

Cotton crop, 1860 842,729 bales

Cotton crop, 1865 75,305 bales

Cotton crop, 1866 429,102 bales

Cotton crop, 1867 239,516 bales

Cotton crop, 1868 366,193 bales

Most of the war crop was confiscated by the United States. The crops of

1866-1868 show the effects of politics among the negro laborers rather

than unfavorable seasons. Hodgson, "Alabama Manual and Statistical

Register," 1869.

[1584] The exemption laws were so framed as to release the average negroes

from paying tax, and also the class of whites that supported the Radical

policy. The following list will show the incidence of taxation for 1870:--

=======================================================

| VALUE | TAX

------------------------|-----------------|------------

Lands | $81,109,102.03 | $607,979.52

Town property | 36,005,780.50 | 268,865.89

Cattle | 1,180,106.00 | 8,851.36

Mules | 4,845,736.00 | 36,042.68

Horses | 2,214,376.00 | 16,599.83

Sheep and goats | 111,001.00 | 832.50

Hogs | 277,735.50 | 2,083.02

Wagons, carriages, etc. | 131,235.00 | 8,480.81

Tools | 237,534.50 | 1,769.96

Farming implements | 235,600.00 | 1,744.71

Household furniture | 1,691,807.00 | 12,731.98

Cotton presses | 41,360.00 | 310.30

=======================================================

Besides these items, heavy taxes were laid on the following: wharves, toll

bridges, ferries, steamboats, and all water craft, stocks of goods,

libraries, jewellery, plate and silverware, musical instruments, pistols,

guns, jacks and jennies, race-horses, watches, money in and out of the

state, money loaned, credits, commercial paper, capital in incorporated

companies in or out of the state, bonds except of United States and

Alabama, incomes and gains over $1000, banks, poll tax, insurance

companies, auction sales, lotteries, warehouses, distilleries, brokers,

factors, express and telegraph companies, etc. See Ku Klux Report and

Auditor's Report, 1871.

[1585] Revenue Laws of Ala., 1865-1870; Report of the Debt Commission,

Jan. 24, 1876; Governor Lindsay's Message, Nov. 21, 1871; Ku Klux Rept.,

Ala. Test., pp. 227, 340, 976, 1056, 1504.

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

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

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

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

[1590] Taxes are paid on $307,312,000, slaves included; see Census of

1860; Census of 1870; Ku Klux Rept., pp. 170, 171, 175, 317, 318.

[1591] Includes receipts and disbursements in Confederate money.

[1592] License taxes only.

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

[1594] Interest paid on the public debt with bond issues included, and

expenses of the convention of 1867. The actual expenses of the state

administration were $262,627.47.

[1595] The first figures for 1868 include the receipts from taxes and the

expenditures for state purposes only; the other figures include the

proceeds from sale of bonds used for state purposes. The Radicals always

gave the first set of figures, and the Democrats the second.

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

obligations.

[1597] Issue of bonds to railroads included.

[1598] Includes interest paid on railroad bonds.

[1599] Currency had depreciated. Many claims went unpaid. The "home debt"

amounted to $823,454.64. The actual state expenses were $1,384,044.46.

[1600] State expenses only. Democrats in power. See Auditor's Reports,

1869-1873, 1900; Ku Klux Rept., pp. 170, 174, 176, 1055, 1057; Report of

the Debt Commission, 1876; Journal Convention of 1867, p. 125.

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

Reports of the Alabama Debt Commission.

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

Convention of 1867, p. 125.

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

[1604] The average legislator in 1872-1873 was paid $904.00 and mileage.

The Senate had 33 members and 44 attending officers, clerks, and

secretaries; the lower house, with a membership of 100, had from 77 to 84

attending officials. Besides these there were dozens of pages,

doorkeepers, firemen, assistants, etc. In 1869 there were 105 regular

capitol servants who received $31,900 in wages. Auditor's Report,

1869-1873; _Montgomery Mail_, Dec. 31, 1870. There were about 10 in 1900.

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

1873.

[1606] The older and abler men were disfranchised.

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

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

[1609] The purpose of the act was to liberate negro prisoners and save

money for the officials to spend in other ways.

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

[1611] The Investigating Committee remarked that had he chartered a parlor

car and paid hotel bills at the rate of $10 a day, he would have been

unable to spend $800 on that trip.

[1612] See Ch. XXIV.

[1613] Report of the Committee to Investigate the Contingent Fund, 1875;

Senate Journal, 1874-1875, pp. 581-607.

[1614] Caffey, "The Annexation of West Florida to Alabama," p. 10; Senate

Journal, 1869-1870, pp. 234-244.

[1615] Report of the Committee to examine the Offices of Auditor and

Treasurer, 1875; Report of the Debt Commission, 1875, 1876.

[1616] See Edwin DeLeon, "Ruin and Reconstruction of the Southern States,"

in the _Southern Magazine_, Jan., 1874.

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

[1618] _State Journal_, April 19, 1874.

[1619] Ala. Test., p. 1409. The Radical newspapers that had the public

printing made money from the tax sale notices by dividing each lot into

sixteenths of a section, advertising each, and charging for each division.

The author of the tax sale law was Pierce Burton, a Radical editor.

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

[1621] _Southern Argus_, Jan. 17 and Feb. 8, 1872; _Scribner's Monthly_,

Aug., 1874; Herbert, "Solid South," pp. 64, 67. Colonel Herbert believes

that during the six years of Reconstruction the state gained practically

nothing by immigration, while it lost more by emigration than it had by

the Civil War.

[1622] Auditor's Reports, 1869-1873; Comptroller's Reports, 1861-1865,

1866; Patton's Report, 1867, to the Convention; Journal Convention of

1867, pp. 46, 123; Ku Klux Rept., pp. 169, 317, 1055.

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

ISSUES OF COUNTY BONDS

1868. Walker County $14,000.00

1868. Dallas County 50,000.00

1868. Bullock County 40,000.00

1868. Limestone County 100,000.00

1869. Hale County 60,000.00

1869. Greene County 80,000.00

1869. Pickens County 100,000.00

1870. Baldwin County 5,000.00

1870. Bibb County 5,000.00

1870. Choctaw County (?) unlimited

1870. Crenshaw County 10,000.00

1872. Pickens County 30,000.00

1873. Butler County 12,000.00

1873. Jefferson County 50,000.00

1873. Montgomery County 130,000.00

1873. Madison County 130,000.00

(?) Dallas County 140,000.00

(?) Chambers County 150,000.00

(?) Lee County 275,000.00

(?) Randolph County 100,000.00

(?) Barbour County (?)

(?) Tallapoosa County 125,000.00

ISSUES OF TOWN AND CITY BONDS

1868. Troy $75,000.00

1869. Eutaw 20,000.00

1869. Greensboro 15,000.00

1871. Mobile 1,400,000.00

1871. Selma 5 00,000.00

1872. Prattville 50,000.00

1873. Mobile 200,000.00

Opelika 25,000.00

And in addition each county and town had a large floating debt in "scrip"

or local obligations. Speculators gathered up such obligations and sold

them at reduced prices to those who had local taxes, fines, and licenses

to pay.

[1624] Auditor's Reports, 1871-1872; Report of Committee on Public Debt,

1876; McClure, "The South: Industrial, Financial, and Political

Condition," p. 83.

[1625] Report of the Committee on Public Debt, 1876; Senate Journal,

1872-1873, p. 544; Auditor's Report, 1873.

[1626] Senate Journal, 1875-1876, pp. 212, 213; Report of the Committee on

the Public Debt, 1876. In his book Clews tells how he invested in the

securities of the struggling southern states, being desirous of assisting

them. But when the ungrateful states refused to pay the claims that he and

others like him presented, he says it was because they, the creditors,

were northern men. See Clews, "Twenty-eight Years in Wall Street," pp.

550, 551.

[1627] DeLeon, "Ruin and Reconstruction," in the _Southern Magazine_,

Jan., 1874. The state debts of the ten southern states were then estimated

at $291,626,015, while the debts of the other twenty-seven states amounted

to only $293,872,552.

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

[1629] Act of Dec. 17, 1874.

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

[1631] Report of the Debt Commission, 1876. This was nearly half the value

of the farm lands of the state, which were worth $67,700,000, and was much

more than the gross value of a year's cotton crop.

[1632] Report of the Debt Commission, Jan. 24, 1876; Senate Journal,

1875-1876, pp. 203-232; Report of the Joint Committee on the Public Debt,

Feb. 23, 1876; Annual Cyclopædia (1875), p. 14; "Northern Alabama," p. 52;

Final Report of the Committee of the Alabama and Chattanooga Bondholders,

London, 1876; McClure, "The South," p. 83; Second Report of the Debt

Commission, Dec. 13, 1876.

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

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

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

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

Acts of 1874-1875.

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

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

[1639] T. H. Clark, "Railroads and Navigation," in "Memorial Record of

Alabama," Vol. II, pp. 322-323; Martin, "Internal Improvements in

Alabama," pp. 72-77; Garrett, "Public Men," pp. 577, 580.

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

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

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

12, 1869.

[1643] Census, 1850, 1860.

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

[1645] The constitution of 1867, Art. 13, Sec. 13, provided that the

credit of the state should not be given nor loaned except in aid of

railways or internal improvements, and then only by a two-thirds vote of

each house.

[1646] Acts of Ala., Aug. 7 and Sept. 22, 1868. The promoters of the roads

claimed that the old law was useless, but that $16,000 a mile would

attract northern and European capital. Herbert, "Solid South," p. 52.

[1647] Governor's Message, Nov. 15, 1869. The carpet-bag auditor also

advocated the repeal of the law. He thought that no road should be

indorsed for more than $10,000 a mile, since the average value was less

than $13,000 a mile.

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

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

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

[1651] Acts of Oct. 6 and Nov. 17, 1868, Acts of Ala., 1868, pp. 207, 347;

Herbert, "Solid South," p. 52; Annual Cyclopædia (1871), pp. 7, 8. The

railroad must have intended to profit by the indorsement, and must have

paid for it, for when, a year later, ex-Governor Patton, who for the sake

of respectability was made the nominal president, was in Boston, he was

reproached by the Alabama and Chattanooga officials for allowing their

charter to cost them $200,000. See Ku Klux Rept., Ala. Test., p. 232.

[1652] Alabama _vs._ Burr, 115 United States Reports, p. 418. Burr, J. C.

Stanton, and D. N. Stanton had been prosecuted by the state of Alabama for

the fraudulent use of indorsed bonds.

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

[1654] Auditor's Report, 1870.

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

[1656] _Independent Monitor_, June 14, 1871; Ku Klux Rept., pp. 172, 317;

Ku Klux Rept., Ala. Test., p. 193; Auditor's Report, 1871.

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

[1658] _Montgomery Mail_, Jan. 25, 1871; _Southern Argus_, Feb. 2, 1872,

and Feb. 28, 1873; Somers, "Southern States," p. 157; Report of the House

Railroad Investigation Committee, 1871; Herbert, "Solid South," pp. 52,

53. Colonel Herbert says that the Alabama and Chattanooga officials

_demanded_ the $2,000,000 and received it. "Solid South," p. 53. The

legislature that voted the gift of $2,000,000 was composed as follows:

Senate, 32 Radicals and 1 Democrat; House, 85 Radicals (of whom 20 were

negroes) and 15 doubtful Democrats. The carpet-bag editor of the

_Demopolis Republican_ said: "Men who never paid ten dollars' tax in their

lives talk as flippantly of millions as the schoolboy of his marbles.

Meanwhile, outsiders talk of buying and selling men at prices which would

have been a disgrace to a slave before the war." _Montgomery Mail_, Jan.

25, 1871.

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

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

319.

[1661] Ku Klux Rept., p. 319; House Journal, 1870-1871, p. 236; Report of

the House Railroad Investigating Committee, 1871; Ku Klux Rept., Ala.

Test., p. 232; J. P. Stow, Radical senator from Montgomery, said that when

Hardy left at the end of the session, he carried away $150,000. Not all of

it was his own; some of it he had collected for others. One senator is

said to have held his vote at $1000 regularly.

[1662] Senate Journal, 1873; Appendix containing Journal of the Capitol

Senate, 1872, pp. 19-34; Lindsay's Message, 1872, to the Capitol

Legislature. Lindsay said that all the Democrats worked hard to prevent

the passage of the $2,000,000 bill; that he himself worked in the lobby

until three o'clock in the morning trying to defeat the thieves. Ku Klux

Rept., Ala. Test., p. 199.

[1663] Ku Klux Rept., p. 318; Ku Klux Rept., Ala. Test., p. 196; Report of

the House Investigation Committee, p. 1871. Ex-Governor Patton testified

that though president of the Alabama and Chattanooga road, he had opposed

the bill and in consequence had been displaced, D. N. Stanton of Boston

being elected. Patton stated that none of the capital stock had at this

time been paid in by the stockholders.

In 1870-1871 "another set of financiers had made up their minds to come

down South and help Alabama. Their demand was for $5,000,000 with which to

set furnaces and factories going. They were too late. If they had only

come the session before, there was no chance for a bill containing

$5,000,000, properly pressed, to have failed." But the lower house now had

a Democratic majority. Herbert, "Solid South," p. 57.

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

Senate Journal, 1870-1871.

[1665] Ku Klux Rept., Ala. Test., pp. 195, 196; Lindsay's Messages,

1871-1872; Lindsay's Statement of Facts, April 22, 1871; Report of

Commissioners of the Public Debt, Jan. 24, 1876.

[1666] Act of Feb. 25, 1871.

[1667] Statement of Facts which influenced Governor Robert B. Lindsay in

his Action in regard to the Bonds of the Alabama and Chattanooga Railroad

Company, April 22, 1871; Lindsay's Message, Nov. 21, 1871. While Lindsay

was in New York, Ex-Governor Smith called on him and half acknowledged the

whole affair. Ala. Test., p. 199. Afterwards in a letter Smith strongly

protested that some of the bonds signed and sealed by himself were

fraudulent, and blamed Governor Lindsay and the legislature for

recognizing them. He acknowledged that his carelessness had resulted in

the present state of affairs. Somers, "Southern States," p. 158. April 3,

1871, Smith wrote, "I admit that if I had attended strictly to the

indorsement and issue of these bonds, that all this never would have

occurred." Herbert, "Solid South," p. 53.

[1668] Statement of Facts, April 22, 1871; Ku Klux Rept., Ala. Test., pp.

198, 199. Lindsay said that since the Alabama and Chattanooga road was

indorsed under the laws of 1867 and 1868, it did not come under the laws

of 1870. Consequently, when the Alabama and Chattanooga defaulted, the

state was not bound to pay interest on the $2,000,000 state bonds until

the legislature acted in March, 1871.

In his Statement of Facts, Lindsay relates a suggestive and illuminating

incident: On Dec. 13, 1870, John Demerett, an Alabama and Chattanooga

bondholder, brought suit in the Superior Court of King's County, New York,

against the Alabama and Chattanooga Railroad Company, the state of

Alabama, and one F. B. Loomis (of the Alabama and Chattanooga Company),

alleging that the said railway company was about to place on the market

500 first mortgage bonds numbered from 4800 to 5300, indorsed by the

governor of Alabama in violation of the law. Demerett prayed for an

injunction to restrain the company from selling the bonds. The records

showed that the state of Alabama appeared by her attorney, one William D.

Vieder, who declared on affidavit that he was employed by Henry Clews &

Company, financial agents of Alabama. Vieder filed an answer in behalf of

Alabama, stating that the bonds numbered 4801 to 5300 were properly

indorsed, and were of the same class as others issued by the company, that

the indorsement was in conformity to law, and that in no case would the

bonds be repudiated. The injunction was dissolved and the company

permitted to sell. To the Ku Klux Committee Lindsay suggested that Smith

might have signed the illegal bonds after he went out of office, as they

were not placed on the market until January, 1871. (See Ala. Test., p.

197.) But the Demerett case seems to disprove this and to show that the

bonds were issued while Smith was governor. The House Railroad

Investigation Committee, in 1871, reported that Smith asserted that the

fraudulent indorsements were secured by the active coöperation of Henry

Clews & Company, Souter & Company, and Braunfels of Émile Erlanger et

Cie., with the Stantons. _Southern Argus_, Feb. 2, 1875. Lindsay further

stated that there were evidences of collusion between Stanton and Smith to

secure the election of the latter in 1870 at all hazards. They wanted to

gain time in order to conceal the irregularity in the issue of bonds.

Stanton furnished much money to the campaign fund, and on election day

marched to the registration office at the head of 900 railroad employees,

who came from the entire length of the road, had them registered, gave

each of them a Radical ticket, and then voted them in a body. Ala. Test.,

pp. 193, 197.

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

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

[1671] Annual Cyclopædia (1871), pp. 7, 8; Lindsay's Message, Nov. 21,

1871; Senate Journal, 1871-1872, pp. 44, 320; Report of John H. Gindrat,

Receiver of the Alabama and Chattanooga Railroad, 1871.

The engineers in the employ of the state reported that to put the road in

Alabama in fair condition at the time it was seized would require

$507,983.74. Twenty-four miles of rails were old ones that Sherman had

burned. Report of Farrand and Thom, Nov. 9, 1871; Senate Journal,

1871-1872, p. 43. To complete the road, Gindrat reported that $1,000,000

would be needed. Senate Journal, 1871-1872, p. 337.

At the time the road was seized $10,500,000 from all sources had

disappeared. Part of it was spent on the road, which, with all equipment,

in 1871 was valued at $6,120,995. (An estimate of its value in 1873 was

$4,183,388.) The capital stock authorized was $7,500,000, of which only

$2,700,000 was ever paid in. Ku Klux Rept., pp. 172, 173; Auditor's

Report, 1871 and 1873. The earnings of the road from November, 1872, to

November, 1873, were $232,583.96. The expenses of the road from November,

1872, to November, 1873, were $1,083,851.90. Report of the Receiver of the

Alabama and Chattanooga Railroad, 1873.

[1672] Rice and Chilton, attorneys of the Alabama and Chattanooga road,

gave the state much trouble. Rice was a scalawag, but several partners he

had at that time and later were Democrats.

[1673] During the whole time there was a large element in favor of not

recognizing the legality of the bond issues authorized by the carpet-bag

legislatures. The carpet-bag government was not a government of the

people, but was imposed and upheld by military force, some said, and had

no right to vote away the money of the people without their consent. The

_Selma Times_, March 5, 1874, voiced this sentiment: "Alabama must and

will be ruled by whites.... We will not pay a single dollar of the

infamous debt, piled upon us by fraud, bribery, and corruption, known as

the 'bond swindle' debt. Let the bondholders take the railroads." See

Senate Journal, 1875-1876, pp. 213-221.

[1674] Annual Cyclopædia (1871), p. 8; (1872), pp. 8, 9; Lewis's Message,

Dec. 20, 1872; Senate Journal, 1872-1873, p. 43; Lewis's Message, Nov.

1874; Senate Journal, 1874-1875; Final Report of the Committee of the

Alabama and Chattanooga Bondholders, London, 1876; Acts of Ala., Dec. 21,

1872; Acts of Ala., March 20, 1875.

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

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

Senate Journal, 1875-1876.

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

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

[1679] Auditor's Report, 1871.

[1680] Martin, "Internal Improvements," p. 70; Auditor's Report, 1869;

Acts of Dec. 30, 1869, Acts of Ala., 1868, pp. 487, 494. The South and

North road was merely an expansion of "The Mountain Railroad Company," an

old corporation.

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

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

[1683] Report of House Railroad Inv. Com., 1871. See also Report of

Auditor, 1870, which says $1,980,000 indorsement.

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

[1685] Auditor's Report, 1871.

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

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

[1688] Message, Nov. 17, 1874.

[1689] Report of House Railroad Inv. Com., 1871; Lewis's Message, Nov. 17,

1873; Auditor's Report, 1869; Auditor's Report, 1873; House Journal,

1871-1872, pp. 305, 353; Acts of 1869-1870, p. 290.

[1690] _Southern Argus_, Feb. 2, 1872; Governor Lewis's Message, Nov. 17,

1873; Auditor's Report, 1871 and 1873.

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

17, 1870.

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

Messages, 1873.

[1693] _Southern Argus_, Feb. 2, 1872; Auditor's Reports, 1871 and 1873;

Mathes, "General Forrest," p. 362; Wyeth, "Life of General Nathan Bedford

Forrest," pp. 617, 619. When Smith had indorsed this road for $720,000, he

reported the amount as $640,000. _Independent Monitor_, Dec. 13, 1870.

[1694] Act of Dec. 30, 1868.

[1695] Senate Journal, 1872-1873, pp. 416-422; Acts of Ala., 1872-1873, p.

58; Auditor's Reports, 1871, 1873; Governor Lewis's Report, Nov. 17, 1873.

[1696] Act of Feb. 25, 1870.

[1697] Auditor's Report, 1873.

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

addition.

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

[1700] Also "three per cent fund" amounting to $30,000+, and state bonds

amounting to $300,000. No record of $720,000.

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

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

[1703] No record of $45,000.

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

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

[1706] _Southern Argus_, June 14, 1872; Miller, "Alabama," p. 278; Acts of

Ala., _passim_; "Northern Alabama," p. 737; Brown, "Alabama," p. 291;

Herbert, "Solid South," p. 53.

[1707] A commission from Mobile visited the schools in New York, Boston,

and other cities of the North.

[1708] Exclusive of Mobile County, which, as the honored pioneer, has

always been outside of, and a model for, the state system.

[1709] Clark, "History of Education in Alabama," pp. 221-241; Report of

the United States Commissioner of Education, 1876, p. 6.

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

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

[1712] Clark, p. 95 _et passim_. In 1869 N. B. Cloud, the Superintendent

of Public Instruction, asked the legislature to make the loan a gift,

since the destruction of the buildings was "the natural fruits of

secession," the fault of the "purblind leaders" who "pretended to secede."

Therefore he thought the state was responsible for the damage done the

University.

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

XIV and XV.

[1714] There were four congressional districts.

[1715] The supreme court decided in regard to the Board of Education: "The

new system has not only administrative, but full legislative, powers

concerning all matters having reference to the common school and public

educational interests of the state. It cannot be destroyed nor essentially

changed by legislative authority." Report of the Commissioner of

Education, 1873, p. 5. But in 1873-1874 the legislature, however, by

refusing appropriations, did manage to nullify the work of the Board.

[1716] Constitution of 1867, Art. XI.

[1717] In 1871 the legislature repealed this act, and a case that arose

was carried to the United States supreme court, which, reversing a former

decision of the state supreme court, held that the action of one

legislature could not restrain subsequent legislatures from legislating

for the public welfare by suppressing practices that tended to corrupt

public morals. Besides, the court professed itself unable to find in the

act any authority for a lottery. See Boyd _vs._ Alabama, 94 United States

Reports, p. 645 (opinion by Justice Field).

[1718] Act of Dec. 31, 1868. At the same time the office of Commissioner

of Lotteries was created, with a salary of $2000 a year.

[1719] This is the opinion of two subsequent members--one a Democrat and

one a Radical. See also Ku Klux Report, Ala. Test., p. 426. The members

were G. L. Putnam, A. B. Collins (Collins was made a professor in the

University, but murdered Haughey, the Radical Congressman, and fled from

the state), W. D. Miller, Jesse H. Booth, Thomas A. Cook, James Nichols,

William H. Clayton, Gustavus A. Smith,--four scalawags and four

carpet-baggers. The first two named resigned to accept offices created by

the board. See Register of the University of Alabama, 1831-1901, p. 20.

[1720] Report, Nov. 10, 1869.

[1721] This was done at the instance of the aid societies from the North

which had been doing work among the negroes.

[1722] Acts, Aug. 11, 1868. Public School Laws (pamphlet). See also Acts

of Ala., 1868, pp. 147-160.

[1723] Clark, p. 98.

[1724] See Ch. XX.

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