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Mr. Hilliard loved popular applause, and while always guided by noble principles, he felt discon- tented when his lectures as a professor, or his speeches in the court room or in Congress, failed to arouse enthusiasm in his listeners. Mr. Yancey
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HENRY WASHINGTON HILLIARD
never failed to call forth intense interest. He became so buried in his subject as to seem indifferent to what his hearers thought of him.
Both men helped to make history in peace and in war, and with conscious pride we should name them in love. All honor to their memory.
SUMMARY
Henry Washington Hilliard, a native of South Carolina, was for three years a professor of English literature in the University of Alabama. He made a study of oratory. Resigning his position, he became a lawyer and member of the State legislature. As minister to Belgium, he helped to keep the countries of Europe from objecting to the annexation of Texas. On his return to America, he was elected to Congress, but the work of that body did not please him. At the outbreak of the war he cast his for- tunes with the Confederacy. After the war he was appointed minister to Brazil, and he aided in freeing the slaves of that country. He is the author of several valuable works.
QUESTIONS
1. Give a sketch of Henry W. Hilliard's early life. 2. De- scribe his work in the University of Alabama. 3. What did he accomplish as minister to Belgium? 4. Give an account of his work in Congress. 5. Why was he disappointed in Congress? 6. What services did he render to the Confederacy? 7. In what way and with what results did he serve the government of Brazil? 8. Give a brief sketch of his later life. 9. Of what books is he the author? 10. Compare Mr. Hilliard and Mr. Yancey.
The State Capitol, on Capitol Hill, Montgomery
CHAPTER XVI THE ORDINANCE OF SECESSION (Jan. 7-11, 1861)
1. Early Political Differences .- There have always been two great political parties in this country. In the early history of the nation Alexander Hamilton was the leader of one party, and Thomas Jefferson of the other.
Hamilton believed in a strong centralized govern- ment, which means a government after the order of a monarchy. He wanted the ruling power to be exer- cised by the general government and not by the several States. He believed in government for the people, but not by the people. He may be called the father of the present Republican party.
Thomas Jefferson believed that all just powers of the government are vested in the consent of the governed. In other words, he wanted to keep power as much as possible with each State and its people rather than to give it to the general govern- ment. His views on this subject formed the basis of the doctrine of States rights. The party to which he belonged, which is now the Democratic party, main- tained that the constitution of the United States was made in accordance with his views about States rights.
Daniel Webster, adopting the opinions of Hamil- ton, construed the constitution as giving to the general government all powers not expressly for-
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ALABAMA HISTORY
bidden. Mr. Calhoun, following the views of Mr. Jefferson, construed the constitution as reserving to the States all powers not expressly given to the general government.
This difference in construing the constitution gradually brought many unpleasant issues of poli- tics, the chief of which were States rights and slavery. The discussion of these two issues raged for many years. They aroused much bitter feeling and finally brought on the war between the North and the South.
2. Slavery in the North and in the South .- Negro slavery was very early introduced into all the colo- nies of America, and it existed in all of them at the close of the Revolutionary War. The question of slavery was fully and freely discussed by those who made the constitution of the United States. If it had not been fully understood that white people might own negro slaves, the States would not have agreed to form the Union.
The people of the North gradually sold off their slaves because in their climate of long winters negro labor could not be used profitably. For a long time after this, however, New England vessels continued to bring negroes from Africa to be sold into slavery in the Southern States.
Just after the formation of the United States. many representative men in the South believed negro slavery to be wrong, and more Colonization Societies were formed in the South than in the North. The object of these societies was to free the negroes and settle them in colonies in Africa and
149
THE ORDINANCE OF SECESSION
elsewhere. Washington, Jefferson, Jolm Randolph, and other leading Southerners freed a number of their slaves.
3. First Advocates of Secession .- In accepting the constitution of the United States and thus joining the Union, all of the States believed that they had the right to withdraw from it. The New England States bitterly opposed the purchase of Louisiana in 1803 on the ground that it would give the South too much power in the general government. Massa- chusetts went so far as to threaten to withdraw from the Union because of the purchase.
These same States and the Northern middle States so strongly opposed the War of 1812 that a member of Congress from Massachusetts declared in the house of representatives that the Union ought to be dissolved. The cause of this opposition was that the war cut off the large ocean trade in which the New England States were engaged. Delegates from four of these States met at Hartford in secret convention with the supposed purpose of taking steps to with- draw from the Union.
4. Missouri Compromise .- The Territory of Mis- souri had been settled by slaveholding emigrants from Virginia, Tennessee, and Kentucky. The con- stitution presented by Missouri when it requested to be admitted to statehood contained a clause which permitted negro slavery. Mr. Tallmadge, a con- gressman from New York, proposed to change the constitution so as to make it unlawful to take any more slaves into Missouri, and to compel masters to frec all negro children born in the State after they
1803
1814
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ALABAMA HISTORY
should reach twenty-five years of age. After long and bitter debates a compromise was made. By the terms of this compromise the Territory was admit- ted as a slave State, but slavery was excluded from all territory to the north and west of it down to the parallel of 36° 30'. This gave the South great offense and made so great a change in the opinions of the Southern people that they lost confidence in the justice of Northern policies.
1832
5. Nullification in the South .- The ill-feeling of the North against the South was aroused by the South Carolina "Ordinance of Nullification." The tariff laws of 1824, 1828, and 1832 protected North- ern manufacturers and raised the price of goods to Southern farmers. The people of South Carolina thought that these laws were unjust to the South, and in convention assembled they passed an "Ordi- nance of Nullification." This ordinance declared null and void the tariff laws. The claim of a State to the right of refusing to obey a law of Congress is known as the doctrine of nullification.
1836 to 1840
6. Slavery Question in Congress .- The North and South were further aroused by the passage in Con- gress of a number of resolutions relating to slavery. One of these resolutions provided that in future Congress would refuse to consider "all petitions, memorials, resolutions, or propositions bearing in any way, or to any extent whatever, on the subject of slavery."
7. Abolitionists and Free Soilers .- People who wanted to do away with slavery altogether were called Abolitionists. Their banner bore the inscrip-
151 -
THE ORDINANCE OF SECESSION
tion, "The Constitution-a covenant with death, an agreement with hell." They violently opposed the annexation of Texas because it would give new terri- tory for slavery and increase the number of Southern representatives in Congress.
The South was henceforth very sensitive on the subject of slavery, and wanted the constitution of the United States to admit in express terms that it would protect slavery, while the North was equally stirred not only to prevent such an admission, but also to forbid slavery in new States.
1818
The annexation of Texas gave occasion for the rise of a new party known as "Free Soilers." This party believed that slavery should not be allowed to exist in any new State admitted to the Union. Both the Abolitionists and the Free Soilers refused to abide by the Missouri Compromise of 1820. They insisted upon excluding slavery from the territory acquired by war from Mexico, although a part of this territory was south of the line of 36° 30'.
8. Compromise of 1850 .- While these various mat- ters were agitating the people, California applied for admission into the Union. It was evident that there would be a bitter contest over its admission, as the line of 36° 30' ran through the State. To settle the slavery question, the Compromise of 1850* was offered by Mr. Clay. In the debates on this bill, Mr.
1850
*The terms of the Compromise of 1850 were to admit Cali- fornia as a free State, to organize the Territories of Utah and New Mexico without determining whether their inhabitants could own slaves or not, and to compel free States to restore fugitive slaves to their owners.
.
1
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ALABAMA HISTORY
Seward, one of the leaders of the Abolitionists, said in answer to the speech of Mr. Calhoun pleading for obedience to the constitution, "There is a higher law than the constitution." By this he meant that God's law was higher than man's law; that in his judgment slavery was a violation of God's law; and that the constitution should not be obeyed if it protected slavery. This was the death stab to the constitution, for Mr. Seward's opinion was accepted by the Abo- litionists, and by all others who wanted to disobey the laws of the land.
9. Kansas-Nebraska Bill .- In 1854, Congress passed the Kansas-Nebraska Bill. It provided that the two Territories, Kansas and Nebraska, be ad- mitted as slave States or free States, according to the vote of the settlers. These two Territories lay north of the line of 36° 30', and the Abolitionists were aroused because the bill set aside the terms of the Missouri Compromise.
Settlers rushed into Kansas from the North and the South, in order to influence its vote on the ques- tion of slavery. Arms were smuggled into the State, and soon there was a border war. Colonel Jefferson Buford, of Alabama, contributed twenty thousand dollars to pay the expenses of States rights men who wanted to move to Kansas. He himself carried into the Territory a company of Southern emigrants. His patriotic efforts, however, were mot successful, and after much suffering his company returned to their homes.
10. Nullification in the North .- One of the clauses of the Compromise of 1850 was known as the "Fugi-
1854
153
THE ORDINANCE OF SECESSION
tive Slave Law." It provided that slaves who had run away and gone to Northern States should be arrested and returned to their masters. This law stirred the Abolitionists to greater efforts against slavery .* In most of the Northern States they suc- ceeded in passing "Personal Liberty Laws," the purpose of which was to make free every slave that for any purpose or in any manner entered a free State. These laws practically nullified the Fugitive Slave Law.
The North continued to nullify the Fugitive Slave Law in spite of the decision of the supreme court of the United States in the Dred Scott case. In giving its opinion, the court decided that slaves could be carried into any territory of the United States, whether it were north or south of the line of 36° 30'. This decision excited great anger among the friends of abolition.
11. John Brown .- John Brown was an Aboli- tionist who had taken part in the border war in Kansas. Being secretly aided with money by promi- nent Abolitionists in the North, he prepared to arouse the negroes against their masters. With a small armed force he slipped over into Virginia and took possession of the arsenal at Harper's Ferry. He was captured by Colonel Robert E. Lee, tried in the Virginia courts, and hanged.
*In their efforts to evade the Fugitive Slave Law, the Aboli- tionists adopted a plan known as "the underground railroad." They provided hiding-places in the daytime for runaway slaves and assisted them in travelling during the night. With this assistance many of the slaves reached Canada where they were free.
1857
1859
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ALABAMA HISTORY
1860
12. Election of Mr. Lincoln .- In the campaign of 1860, the Democratic party split into three sections, and was defeated in the election. The Republican party elected Mr. Lincoln, whose open hostility to slavery led the South to believe that its rights would not be protected in the Union. History proves its conclusions to have been right. Disastrous as was the war that followed, it was the only practicable solution of the issues. Insolence and power would sooner or later have forced the conflict of the sec- tions.
1861
13. Efforts at Reconciliation .- Even after the election of Mr. Lincoln, prominent statesmen of the South tried hard to smooth over the differences between the two sections. The "Crittenden Compro- mise," offered to the Congress of 1860-1861, gave to the free States three-fourths of all the territory of the Union, and did not absolutely bind the other fourth to admit or maintain slavery. It was rejected, not by Southern Democrats, but by Northern Repub- licans. Jefferson Davis and Robert Toombs, whom the uninformed are disposed to charge with the responsibility of pressing the war, would have accepted and voted for the "Crittenden Compro- mise" rather than bring on war. Under the circum- stances it was impossible to preserve peace. The war had to come.
14. Secession Convention .- By proclamation of A. B. Moore, governor of Alabama, an election of delegates to the secession convention was held. "These delegates met in Montgomery, January 7, 1861. An "Ordinance of Secession," which had
Jan. 7, 1861
T
THE FIRST FLAG OF THE CONFEDERATE STATES, ADOPTED BY THE CONFEDERATE CONGRESS IN SES- SION AT MONTGOMERY, WAS RAISED TO THE TOP OF THE STAFF ON THE CAPITOL AT MONTGOMERY, MARCH 4, 1861, BY MISS L. C. TYLER, OF VIR- GINIA, THE GRANDDAUGHTER OF EX-PRESIDENT JOHN TYLER.
155
THE ORDINANCE OF SECESSION
been prepared by William L. Yancey, was offered to the convention. Speeches were made for and against it. Mr. Yancey closed the debates in a brilliant speech in favor of the secession resolution, the title of which was, "An Ordinance to Dissolve the Union between the State of Alabama and the other States United under the Compact Styled: 'The Con- stitution for the United States of America.' " The delegates were divided in sentiment. Robert Jemi- son, William R. Smith, James S. Clarke, and thirty- six others opposed the "Ordinance of Secession." William L. Yancey, Judge William M. Brooks, Sena- tor John T. Morgan, and fifty-eight others favored it. The vote was taken in secret session, but when Judge Brooks, the president of the convention, an- nounced the result of the vote, the doors of the State house were opened, and the lobby in a moment was filled with anxious citizens who were breathlessly waiting the announcement.
As the multitude rushed in, there was unfurled in the center of the hall a magnificent flag that almost spanned the ample chamber. Mr. Yancey, in behalf of the ladies of Montgomery, presented the flag to the convention; Judge William R. Smith, in accept- ing it, recalled the glories of the "star-spangled- banner" and the devotion of woman to heroic service. He closed as follows: "We accept this flag; and, though it glows with but a single star, may that star increase in magnitude and brilliancy until it outrivals the historic glories of the star-spangled- banner."
Mr. Alpheus Baker, of Barbour county, in a most
Jan. 11, 1861
156
ALABAMA HISTORY
memorable speech, expressed to the ladies the thanks of the convention.
The cheering and enthusiasm cannot be described. The roar of cannon, the display of the new State flag from windows and towers, the congratulations of
Jefferson Davis.
orators, and the blending of political parties, made a season of historic jubilee. Politicians forgot their differences in the glad hour of the birth of a new republic.
On the day following the adoption of the "Ordi- nance of Secession," the Alabama members in Congress withdrew in a body.
157
THE ORDINANCE OF SECESSION
15. The Confederacy Formed .-- Three other States had already passed "Ordinances of Secession," and others quickly followed. Delegates from Texas, South Carolina, Georgia, Florida, Mississippi, Lou- isiana, and Alabama met in Montgomery, February 4, 1861, and formed the Confederate States of America by creating a provisional government. Jefferson Davis was elected President and Alexander H. Stephens Vice-President. Howell Cobb, of Geor- gia, was president of this Congress, and Johnson Jones Hooper, of Alabama, was its secretary.
On February 18, 1861, Jefferson Davis took the oath of office as President of the Confederate States of America on the portico of the capitol in Mont- gomery, "the cradle of the Confederacy." For three months this historic city was the capital of the Con- federate States. From it went the order to fire on Fort Sumter, and in it were originated the plans for launching the new republic on the stormy sea of battle.
SUMMARY
Soon after the formation of the Union two political parties arose. Their leaders disagreed about the meaning of certain parts of the constitution. The main issues were slavery and States rights, which finally brought on the War between the States. Among the important events that led to this war may be mentioned the secession movements in the North in 1803 and 1814, the Missouri Compromise, nullification in South Carolina, slavery resolutions in Congress, the annexation of Texas, the attacks on slavery by the Abolitionists and "Free Soilers," the Compromise of 1850, the Kansas-Nebraska Bill, the enforcement of "Personal Liberty Laws," the Dred Scott decision, the John Brown raid, and the election of Mr. Lincoln. Alabama was the fourth State to withdraw from the Union. The "Ordinance of
Feb. 4, 1861
Feb. 18, 1861
158
ALABAMA HISTORY
Secession," prepared by William L. Yancey, was passed in Montgomery on January 11, 1861. The Confederate States gov- ernment was soon formed with Jefferson Davis as President.
QUESTIONS
1. Give the origin of political parties in this country. 2. What were the opinions of Mr. Webster and Mr. Calhoun about States rights? 3. Give an account of slavery during the early history of the United States. 4. When, where, and by whom was seces- sion first advocated? 5. What was the Missouri Compromise? 6. Give an account of the passage of the "Ordinance of Nullifi- cation." 7. For what did the Abolitionists and "Free Soilers" contend? 8. For what purpose was the compromise of 1850 offered? 9. Describe the debate on the bill. 10. What results did its passage produce? 11. In what way did the North nullify laws of Congress? 12. What decision was rendered by the supreme court in the Dred Scott case? 13. Give an account of John Brown's raid. 14. Who was elected President in 1860, and with what result? 15. What efforts toward reconciliation were made? 16. Describe the secession convention and its work. 17. Give a brief sketch of the formation of the Confederacy.
CHAPTER XVII
THE WAR BETWEEN THE STATES (1861-1865)
1. Inauguration of Mr. Lincoln .- Mr. Lincoln, in disguise, reached Washington, and in the midst of a hollow square of bayonets was conducted to the capitol, where he took the oath of office as President of the United States. The bloodiest administration in the history of republics had begun.
Mar. 4, 1861
2. Preparations for War .- Governor A. B. Moore supported heartily the Southern cause .* He ordered State troops to seize Fort Morgan and Fort Gaines, at the entrance of Mobile Bay, and also Mount Ver- non arsenal, to prevent their occupation by United States troops.
The bombardment of Fort Sumter occurred April 12, 1861. President Lincoln called for seventy-five thousand volunteers to force the States to remain in the. Union. The whole country was aroused for the coming conflict. Even before the passage of the "Ordinance of Secession," Alabama troops were busily engaged in drilling and preparing for war, and they enlisted promptly for active service when the war-cloud broke over the Confederacy.
Apr. 12, 1861
*The Union sentiment among the people in the northern por- tion of the State was so strong that it was proposed to form the northern counties into a new State, to be named "Nickajack," but the rush of events forbade it.
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ALABAMA HISTORY
3. Alabama Troops .- As Alabama was remote from States that opposed slavery, there was no immediate prospect of invasion by the Federals, and her brave sons marched to the battle-grounds of other States. The first Alabama infantry, under Colonel Henry D. Clayton, remained at Pensacola during 1861, and then moved up into Tennes- see. It fought at Island Number Ten, Fort Pil- low, Corinth, Port Hud- son, New Hope, At- lanta, Nashville, and Bentonville. It was present with its thinned ranks at Goldsboro, North Carolina, when General Joseph F. Johnston surrendered Henry D. Clayton to General Sherman.
The second regiment, under Colonel Harry Maury, protected Fort Morgan, and then became merged into other regiments.
The third regiment, organized under Colonel Jones M. Withers and Colonel Tennent Lomax, took part in the battles of Malvern Hill, Fredericksburg, Gettysburg, the Wilderness, second Cold Harbor, Winchester, and Petersburg, and surrendered with only forty men at Appomattox. At Seven Pines it lost Colonel Lomax, far in advance of his regiment, and also R. B. Johnson, one of its gallant captains.
TENNESSEE
----
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162
ALABAMA HISTORY
It lost heavily in every battle, its brave men moving to the thickest of the fight on every field.
And so the history runs with other regiments. From a population of a little more than half a mil- lion, Alabama contributed about one hundred and twenty-five thousand soldiers to the Confederate cause, thirty thousand of whom fell before musket, cannon, and disease contracted by military service. Colonel William Henry Fowler, superintendent of army records for Alabama, reported "that Alabama sent more troops in proportion to her population than any other State, and that her loss was heavier than any other, irrespective of population."
Apr. 6-7, 1862
Oct. 4, 1862
4. War in Northern Alabama .- The battle of Shiloh in Tennessee and the battle of Corinth in Mississippi brought defeat to the Confederate arms. The Confederate retreat opened the northern con- ties of Alabama to Federal troops. Scarcely ever have a brave people suffered greater wrongs than the invaders inflicted upon the defenceless citizens of northern Alabama, where the Federals held almost unbroken sway. So many acts of brutality and cruelty were permitted that General Mitchell, one of the Federal commanders, was removed from office.
1863 to 1865
Apr. 28, 1863
General Philip Dale Roddy in the fall of 1862 defeated the Federals at Little Bear Creek, in Col- bert county, and later at Barton's Station, driving them back to their stronghold at Corinth. On April 28, 1863, he was holding General Dodge at bay at Town Creek when Forrest came to his assistance. The thunder of Dibrell's cannon on the Federal position at Florence called off Dodge, whose retreat
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