USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 52
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87
HEADQ'RS DEPARTMENT OF TENNESSEE, - VICKSBURG, January 1, 1863.
Major R. M. Sawyer, A. A. G. Army of Tennessee, Huntsville:
DEAR SAWYER-In my former letter I have answered all your questions save one, and that relates to the treatment of inhabitants known, or suspected to be, hostile or "secesh." This is, in truth, the most difficult business of our army, as it advances and occupies the Southern country. It is almost impossible to lay down rules, and I invariably leave this subject to local commanders, but am wil- iing to give them the benefit of my acquired knowledge and experience. In Eu- rope, whence we derive our principles of war, as developed by their histories, wars are between kings and rulers, through hired armies, and not between peoples. These remain, as it were, neutral, and sell their produce to whatever army is in possession. 1
Napoleon, when at war with Prussia, Austria, and Russia, bought forage and provisions of the inhabitants, and consequently had an interest to protect farms and factories, which ministered to his wants. In like manner, the allied armies in France could buy of the French whatever they needcd, the produce of the soil or manufactures of the country. Therefore, the rule was and is, that wars are confined to the armies, and should not visit the homes of families or private interests.
But in other examples, a different rule obtained the sanction of historical authority. I will only instance that, when in the reign of William and Mary, the English army occupied Ireland, then in a state of revolt, the inhabitants were actually driven into foreign lands, and were actually dispossessed of their poperty and a new population introduced. To this day, a large part of the north of Ire- land is held by the descendants of the Scotch emigrants sent there by William's order, and an act of Parliament.
The war which prevails in our land is essentially a war of races. The South- ern people entered into a clear compact of government, but still maintained a spe- cies of separate interests, history and prejudices. These latter became stronger and stronger, till they have led to a war, which has developed the fruits of the bitterest kind.
We of the North are, beyond all question, right in our lawful cause, but we are not bound to ignore the fact that the people of the South have prejudices which form part of their nature, and which they cannot throw off without an effort of reason or the slower process of natural change. Now, the question arises, should we treat as absolute enemies all in the South who differ with us in opinions or prejudices-kill or banish them? Or should we give them time to think, and gradually change their conduct so as to conform to the new order of things which is slowly and gradually creeping into their country?
487
Reminiscences of Public Men in Alabama.
When men take arms to resist our rightful authority, we are compelled to use force, because all reason and argument ceases when arms are resorted to. When the provisions, forage, horses, mules, wagons, etc., are used by our enemy, it is clearly our duty and right to take them, because, otherwise, they might be used against us.
In like manner, all houses left vacant by an inimical people are clearly our right, or such as are needed as store-houses, hospitals, and quarters. But a ques- tion arises as to dwellings used by women, children, and non-combatants. So long as non-combatants remain in their houses, and keep to their accustomed business, their opinions and prejudices can in nowise influence the war, and, therefore, should not be noticed. But if any one comes out in the public streets and creates disorder, he or she should be punished, restrained, or banished, either to the rear or front, as the officer in command adjudges. If the people, or any of them, keep up a correspondence with parties in hostility, they are spies, and can be punished with death or minor punishment.
These are well established principles of war, and the people of the South having appealed to war, are barred from appealing to our Constitution, which they have practically and publicly defied. They have appealed to war, and must abide its rules and laws. The United States, as a belligerent party claiming right in the soil as the ultimate sovereign, have a right to change the population, and it may be and is, both politic and best, that we should do so in certain districts. When the inhabitants persist too long in hostility, it may be both politic and right that we should banish them and appropriate their lands to a more loyal and useful population. No man will deny that the United States would be benefited by dis- possessing a single prejudiced, hard-headed and disloyal planter and substitute in his place a dozen or more patient, industrious, good families, even if they be of foreign birth. I think it does good to present this view of the case to many South- . ern gentlemen, who grow rich and wealthy, not by virtue alone of their industry and skill, but by reason of the protection and impetus to prosperity given by our hitherto moderate and magnanimous Government. It is all idle nonsense for these Southern planters to say that they made the South, that they own it, and that they can do as they please-even to break up our Government, and to shut up the natural avenues of trade, intercourse and commerce.
We know, and they know if they are intelligent beings, that, as compared with the whole world, they are but as five millions are to one thousand millions-that they did not create the land-that their only title to its use and enjoyment is the deed of the United States, and if they appeal to war they hold their all by a very insecure tenure.
For my part, I believe that this war is the result of false political doctrine, for * which we are all as a people responsible, viz : that any and every people has a right to self-government; and I would give to all a chance to reflect, and when in error to recant. I know slave-owners finding themselves in possession of a species of property in opposition to the growing sentiment of the civilized world, conceived their property in danger, and foolishly appealed to war; and by skillful political handling involved with themselves the whole South on the doctrine of error and prejudice. I believe that some of the rich and slave-holding are prejudiced to an extent that nothing but death and ruin will extinguish ; but hope that as the poorer and industrial classes of the South realize their relative weakness, and their de- pendence upon the fruits of the earth and good will of their fellow-men, they will not only discover the error of their ways, and repent of their hasty action, but bless those who persistently maintained a constitutional Government, strong enough to sustain itself, protect its citizens, and promise peaceful homes to mil- lions yet unborn.
In this belief, while I assert for our Government the highest military preroga- tives, I am willing to bear in patience that political nonsense of slave rights, State Rights, freedom of conscience, freedom of press, and such other trash as have de- luded the Southern people into war, anarchy, bloodshed, and the foulest crimes that have disgraced any time or any people.
I would advise the commanding officers at Huntsville and such other towns as are occupied by our troops, to assemble the inhabitants and explain to them these
..
488
Reminiscences of Public Men in Alabama.
plain, self-evident propositions, and tell them that it is for them now to say whether they and their children shall inherit their share. The Government of the United States has in North-Alabama any and all rights which they choose to enforce in war-to take their lives, their homes, their lands, their everything, because they can not deny that war does exists there, and war is simply power unrestrained by constitution or compact. If they want eternal warfare, well and good; we will accept the issue and dispossess them, and put our friends in possession. I know thousands and millions of good people who, at simple notice, would come to North- Alabama and accept the elegant houses and plantations there. If the people of Huntsville think different, let them persist in war three years longer, and they will not be consulted. Three years ago, by a little reflection and patience, they could have had a hundred years of peace and prosperity, but they preferred war. Very well, last year they could have saved their slaves, but now it is too late-all the powers of earth can not restore to them their slaves any more than their dead grandfathers. Next year their lands will be taken, for in war we can take them, and rightfully too, and another year they may beg in vain for their lives. A peo- ple who will persevere in war beyond a certain limit ought to know the conse- quence: Many, many people, with less pertinacity than the South, have been wiped out of national existence.
My own belief is, that even now the non-slave-holding classes of the South are alienating from their associates in war. Already I hear crimination. Those who have property left should take warning in time.
Since I have come down here I have seen many Southern planters who now hire their negroes, and acknowledge they knew not the earthquake they were to make by appealing to secession. They thought the politicians had prepared the way and they could depart in peace. They now see that we are bound together as one nation by indissoluble ties, and that any interest or any people that set themselves up in antagonism to the nation must perish.
While I would not remit one jot or tittle of our national rights in peace or war, I do not make allowances for past political errors and false prejudices. Our na- tional Congress and Supreme Courts are the proper arenas in which to discuss con- flicting opinions, and not the battle field.
You may not hear from me again, and if you think it will do any good, call some of the people together and explain these, my views. You may even read to them this letter, and let them use it, so as to prepare them for my coming.
To those who submit to the rightful law and authority, all gentleness and for- bearance; but to the petulant and persistent secessionists, why, death is mercy, and the quicker he or she is disposed of the better. Satan and the rebellious saints of heaven were allowed a continuance of existence in hell merely to swell their just punishment. To such as would rebel against a Government so mild and just as ours was in peace, a punishment equal would not be unjust.
We are progressing well in this quarter. Though I have not changed my opin- ion that we soon may assume the existence of our National Government, yet years will pass before ruffianism, murder, and robbery will cease to afflict this region of our country. Truly your friend,
W. T. SHERMAN, Maj. Gen. Commanding.
What must have been the sad feelings of Gov. Clay on perusing this manifesto, setting forth doctrines and ideas repugnant to hu- manity, to be enforced by the bayonet, may be easily imagined, but not expressed. All the principles of free government and of personal liberty, to the assertion and maintenance of which he had devoted a long and active life, were at once swept away by a stroke of the pen and a flourish of the sword. No wonder that his strong spirit and his feeble body, bent by age, could not sur- vive the shock of subjugation ! He lived to see his large posses- sions and his beautiful fields trodden down by the invader, and
489
Reminiscences of Public Men in Alabama.
all that was dear to him involved in the common ruin. He had no sanctuary but that of Religion in which to take refuge from the storm, and that sheltered him in his last moments. Gov. Clay died in Huntsville, September 7, 1866, in the seventy-seventh year of his age.
WILLIAM COOPER was a distinguished member of the bar in North-Alabama, residing in the town of Tuscumbia. He was a Whig while that organization lasted, and in 1841 was a candidate for Congress on the general ticket. In several Presidential con- tests he has been on the Whig Electoral ticket; but the large Democratic majority in Alabama, of course, defeated him and his political associates in their attempts generally to obtain office. Personally, his character was so much respected by men of all parties, that he received many tokens of confidence in the midst of a Democratic community. His known probity, talents and competency at the bar, and his fidelity in all trusts committed to him, always secured him a place in the front rank of those who shared the public confidence. His election as a Bank Commis- sioner is evidence to this effect. With his colleagues, Mr. Lyon and Gov. Clay, the task of winding up the Banks was in a great measure accomplished, and then, with the latter gentleman, he retired to private life.
Mr. Cooper was appointed by Gov. Moore, in December, 1860, as a Commissioner from Alabama to the State of Missouri, to con- sult on the best measures for the Southern States to adopt for the preservation of their rights. He performed that mission and made his report. The troubles that followed came from no agency of his; but throughout the war, and since, he has been the same honest, upright gentleman, never deserting his State in the hour of her need.
THE ADJOURNMENT.
After a session of three months, the Legislature adjourned on the 6th of March, 1848. There was much business introduced in various shapes, a large portion of which was incomplete. A good deal of the session was consumed in debate on important measures which were not matured at the close.
Of the prominent men who entered the Senate this session for the first time, several will be noticed, while those holding over, or most of them, have already received attention of this kind.
DR. JAMES M. BECKETT, of Pickens, was elected a Trustee of the University in 1840, and was a State Rights Democrat of high culture and general reading, often sharing in debate with consid- erable reputation. His voice was rich and sonorous; his ideas on
490
Reminiscences of Public Men in Alabama.
political questions and constitutional law enabled him to throw in- terest around any topic he might discuss.
Dr. Beckett was a native of South Carolina, where he received his literary and medical education. He had an intellectual face. His public life closed with the session of 1849. To one acquainted with the Senate Chamber in those days, when such men as Wil- liam M. Murphy, George N. Stewart, Thomas J. Judge and Dr. Beckett were compeers in discussion, and who now (in 1871) takes a look on the scene, will be forcibly impressed by the contrast, of what remains in the mere name, but utterly without the substance which composed that body, with the solitary exception of one member out of thirty-three.
CHARLES G. EDWARDS, of Dallas, elected for a term of four years,-was a Whig lawyer in good practice. He was sometimes very bitter in his denunciations of political opponents. Possessed · of an easy fortune, and a standing in society to afford happiness, he was still morose in his disposition, and had very little relish for social enjoyments. He had quite a good business capacity, but was not gifted as a speaker. Being childless, and laboring under some disease which cast a gloom over his spirits, habitual cheer- fulness could hardly be expected of him. He appeared to be an unhappy man.
During his Senatorial career, he became involved in a personal difficulty with a gentleman of Dallas, who struck him a blow. The disparity in their physical strength induced Mr. Edwards to demand satisfaction in the field of single combat, which was readily accorded. As the parties with their friends, respectively, passed through Montgomery for West-Point, where the hostile meeting was to take place, the affair leaked out, and the Supreme Court being then in Summer session, the Judges, headed by Chief Jus- tice Collier, made a written appeal to the gentlemen to submit the case to a board of honor which they had selected. Pursuit was made, the paper delivered, and, after a negotiation of two or three days, the question was referred and the difficulty adjusted.
But the circumstance so prayed upon the mind of Mr. Edwards that he never recovered from the effect, as he believed the insult was of such a nature that nothing but a fight could remove the stigma. His habitual gloom increased, and in a few years there- after he died, while a comparatively young man.
THOMAS J. JUDGE was appointed Solicitor in 1843 by Gov. Fitzpatrick, and held the office for the Fall ridings. Being a Whig, he was beaten before the Legislature. I have heard him say in after-years that this appointment of Solicitor was of more service to him than any benefaction ever conferred, by introducing
1
1
491
· Reminiscences of Public Men in Alabama.
him, a young man without patrimony, to the bar and into practice.
In 1844, and again in 1845, he was elected to the House from Lowndes county, and in 1847 he was returned to the Senate, where he served four years. Soon thereafter he removed to Montgomery, and established himself in the practice of his profes- sion, as a law partner of Gov. Watts, and in 1853 he was again elected to the House, where I had the pleasure of serving with him through a long, laborious session, in which he bore a conspic- uous part.
In 1857, he was the candidate of the Whig party for Congress in the Montgomery District, in opposition to the Hon. J. F. Dow- dell. The canvass was conducted by these gentlemen, as the representatives of their respective principles and parties, with singular ability, but Mr. Judge was defeated. In the next can- vass he was brought forward against Mr. David Clopton, the can- didate of the Democratic party, and after another hard-fought battle, the decision at the ballot box was adverse to his claims. But in the discussions which these two contests evolved, Mr. Judge established a reputation for ability and eloquence which gave him an enviable prominence among the public men of the State.
In 1860, he supported for President the ticket headed by Mr. Breckinridge, and upon the secession of Alabama, he was sent by Gov. Moore, in February, 1861, a Commissioner from the State to the Government of the United States, at Washington City, to negotiate with that Government in reference to the forts, arsenals and custom-houses in Alabama, and the public debt of the United States-also as to the future relations of the State with the Gen- eral Government-and immediately repaired to Washington City in fulfillment of his mission. But President Buchanan refused to receive him in any other character than that of a distinguished citizen of Alabama, and so his mission was fruitless.
On his return from Washington, Mr. Judge made a report of his action as Commissioner, which deserves to be incorporated in the public annals:
MONTGOMERY, ALA., February 18, 1861.
To His Excellency, A. B. Moore, Governor of the State of Alabama:
SIR-On the 25th of January, 1861, I had the honor to receive from your Excel- lency the appointment of Commissioner from the State of Alabama to the Govern -. ment of the United States at Washington City, "to negotiate with the said Govern- ment, in reference to the forts, arsenals, and custom-houses within this State, and the public debt of the United States; also as to the future relations of the State of Alabama, now a sovereign, independent State, with the Government of the United States."
On receiving my commission, I forthwith repaired to the City of Washington to enter upon the duties of the trust which had been confided to me. The day after my arrival, I applied, through the Hon. C. C. Clay, Jr., for an audience with the President of the United States, to present my credentials, and enter upon the proposed negotiations. I herewith submit to your Excellency a copy of the entire
492
Reminiscences of Public Men in Alabama.
correspondence between Mr. Clay and the President, and Mr. Clay and myself, relating to the mission. By it your Excellency will perceive that the President refused to recognize me in the only character in which I was authorized to repre- sent the State. This, of course, ended my duty as Commissioner.
Trusting my action, as shown by the correspondence, may meet with the approval of your Excellency, I have the honor to be, with the highest considera- tion, your Excellency's most obedient servant,
THOMAS J. JUDGE, Commissioner, etc.
[MR. OLAY TO THE PRESIDENT. ]
BROWN'S HOTEL, WASHINGTON CITY, Feb. 1, 1861.
His Excellency, James Buchanan, President of the United States of America:
SIR-I have the honor to inform you that the Hon. Thomas J. Judge, of Ala- bama, duly commissioned to negotiate with the Government of the United States in reference to the forts, arsenals, and custom-houses in that State, and the debt of the United States, is in this city, and desires to present his credentials, and enter upon the proposed negotiation.
Will you be pleased to inform me when it will suit your convenience to give him an audience, and oblige, with high consideration, your Excellency's most obe- dient servant, C. C. CLAY, JR.
[THE PRESIDENT TO MR. CLAY.]
WASHINGTON, February 2, 1861.
DEAR SIR-In answer to your note of yesterday, I shall be happy to receive the Hon. Thomas J. Judge, as a distinguished citizen of Alabama, either at 12 or 3 o'clock on Monday, as may suit his convenience.
You are doubtless aware, from my several messages, that, in my judgment, I have no power to recognize him in the character ascribed to him in your letter.
Yours, very respectfully, JAMES BUCHANAN.
Hon. Clement C. Clay, etc., etc., etc.
[MR. CLAY TO MR. JUDGE. ] BROWN'S HOTEL, WASHINGTON CITY, Feb. 2, 1861.
Hon. T. J. Judge:
DEAR SIR-I send you a copy of my note in your behalf, as Commissioner, etc., to the President, and his reply, which reached me since 7 o'clock P. M. Please read, and advise me of your wishes and purposes in the premises, by Monday next.
I will defer my departure for a few days longer if I can serve you by remain- ing. I am, respectfully and truly, yours, etc.,
C. C. CLAY, JR.
WASHINGTOF CITY, February 4, 1861.
Hon. C. C. Clay, Jr .:
I acknowledge the receipt of your note of the 2d instant, inclosing the corres- pondence between yourself and his Excellency James Buchanan, President of the United States, relating to my mission as Commissioner for the State of Alabama.
The President declines to give me an audience in the only character in which I sought it, as Commissioner for the State of Alabama, and thereby refuses to re- ceive any proposals from that State for a settlement relating to the public debt of the United States, contracted while Alabama was a member of that confederacy, and relating to the property in the possession of Alabama, which belonged to the United States of America before the withdrawal of Alabama from that Union.
From this course of the President, it is to be presumed that he has abandoned all claim, or resolved not to make any in his official character, to that property in behalf of his Government; or that, by repelling any offer of amicable adjustment, he desires that it should be retaken by the sword.
But no matter what motive has prompted his unexpected treatment of me, I
493
Reminiscences of Public Men in Alabama.
should be wanting in reverence for my State, and proper appreciation of my pres- ent relations to her, to sue for peaceful negotiations, since the right of Alabama to send me, and. my right to speak for her, have been denied. And if negotia- tion is to settle our difficulties touching these forts and arsenals, it must be pro- posed by the President to the Governor at her Capitol, whither I shall go and re- port the result of my mission.
Whilst I regret this action of the President, it is gratifying to know that the State of Alabama, by her prompt efforts to do that justice in the premises which has been thwarted by him, will stand justified before the world.
That State having now been placed right upon the record, and, under the cir- cumstances, nothing more remaining for me to accomplish as her Commissioner, my mission ceases with this letter.
Permit me to return you my thanks for the valuable aid you have rendered, in endeavoring to advance the objects of my mission, and believe me to be very truly your friend and obedient servant, THOMAS J. JUDGE.
[MR. CLAY TO THE PRESIDENT. ]
BROWN'S HOTEL, WASHINGTON, Feb. 5, 1861.
Hon. James Buchanan, President of the United States of America:
SIR-I submitted my note and your reply, touching the mission of the Hon. T. J. Judge, to him for his consideration, and send you herewith a copy of his re- sponse. You will see that he declines to address you on the subject matter of his mission, because he regards your note to me as closing the door against him as the representative of Alabama, and repelling any offers she may have to make at the very threshold.
I am sure that you desire peace with all the world, and especially with those States which have seceded from the Union. You profess to claim, or hold forts and arsenals in those States only as property of the United States, that you are bound to take care of. It is therefore matter of surprise aud regret, that you not only refuse to trust the people of those States with such property in their limits, and intended for their benefit, but pursue a course tending to destroy that prop- erty, and to break the peace between your Government and those States. If, recognizing the right of secession, you had received Mr. Judge as Commissioner from a foreign State, and had sent his proposals to the Senate, with your approval or objection; or, denying that right you had submitted his proposals to Congress, as those of a Commissioner from a State of the Union, possibly the independence of the State might have been acknowledged, and a treaty with it formed; or, denying its independence, Congress might have agreed to the sale and retrocession of the disputed places. At all events, it would have relieved you of the responsibility you have assumed, of not only refusing to entertain a peaceful proposition from a seceding State, but of preventing Congress from receiving it. I see nothing in the Constitution forbidding the course I suggest, either on your part or that of Con- gress. It would not have compromised your duty or the rights of the United States.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.