USA > Mississippi > A history of Mississippi : from the discovery of the great river > Part 32
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Young Ben. Humphreys grew up in the wilderness of Claiborne county, where the Choctaw Indians were abun- dant, and soon learned to ride like a Comanche, shoot like an expert, and swim like a fish. He was early sent to Kentucky to school, and later he was sent to New Jersey to attend a school in the vicinity of Morristown. In after years he was sent to the Military Academy at West Point, where he first met and learned to love those heroic charac- ters, Jefferson Davis and Robert E. Lee. For some boyish frolic, young Ben. Humphreys was expelled, returned to his home and became the manager of his father's growing plantation.
For several years his life flowed on in a quiet stream. Meantime he had formed a matrimonial alliance and had some young olive plants clustering about his knees.
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With his sound sense and solid judgment, he soon became an important factor in the politics of his county, and fre- quently represented Claiborne in both branches of the Legislature.
When the great war between the States came on, Mr. Humphreys was planting extensively in Sunflower county, where he had made his home for several years. He had almost forgotten the time when he was a cadet at West Point and dreamed of being a soldier and winning honor at the cannon's mouth. But when the tocsin of war was heard in the land, when he found that his own native sec- tion was to be invaded, the old boyish spirit leaped into his heart, and he at once determined to don the habili- ments of a soldier. He immediately raised a large com- pany composed chiefly of his neighbors and their sons, and offered them direct to his old companion at West Point, who was then the President of the Confederate States of America. The company was accepted and ordered to proceed at once to Richmond. It was there thrown into what was afterwards known as the 21st regi- ment, and Captain Benj. G. Humphreys was appointed Colonel, William L. Brandon as Lieutenant Colonel, and John Gibson Taylor as Major.
The 21st regiment participated in all the great battles in Virginia, from the Seven Pines to Gettysburg. At the lat- ter place Humphreys was commanding a brigade, as a brigadier general. He was also with his brigade at the bloody battle of Chickamauga.
Hence it was, that when peace brooded over all the land, the people, without reference to former party affiliations, invited General Humphreys to "come up higher," and as he had ruled well and wisely over many little things, he was chosen for the ruler of the whole State of Mississippi. How well he governed the State is known of all men. With what diligence and patience, with what fidelity and zeal he served the people, is equally well known. No braver knight ever laid lance in rest. No truer friend ever breathed, and as long as any of the present generation survive, the name of Benjamin G. Humphreys will remain the synonym for knightly honor, for fidelity to every trust for loyalty to every duty.
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Governor Humphreys, upon the retirement of Hon. W. L. Sharkey, Provisional Governor, was inducted into office on the 16th of October, 1865, and proceeded to deliver his inaugural address, in the presence of the two houses of the Legislature that had assembled in joint convention. In this admirable address he said :
"It has been reported from some quarters that our peo- ple are insincere, and the spirit of revolt is rampant among us. But if an unflinching fidelity in war gives evidence of reliable fidelity in peace, if the unvarying professions that spring from private and public sources furnish any evi- dence of truth, it is sufficiently demonstrated that the peo- ple of the South, who so long, and against such terrible odds, maintained the mightiest conflict of modern ages, may be safely trusted, when they profess more than a wil- lingness to return to their allegiance.
"The South having ventured all upon the arbitrament of the sword, has lost all save her honor, and now accepts the result in good faith."
Early in the session Judge William L. Sharkey and Hon. James L. Alcorn were elected United States Senators, the term of the former commencing March 5, 1863, and the latter commencing March 5, 1865.
The Senators elect were old line Whigs of prominence prior to the war. Judge Sharkey had been Chief Justice of the Supreme Court for nearly twenty years, while Gen- eral Alcorn had served repeatedly with distinction in both branches of the Legislature and was a trusted leader of his party.
Both the gentlemen were outspoken against secession that severed the relations of the State with the Federal Government, and for this reason as well as their known conservatism and distinguished abilities, it was believed that they would not only be admitted to seats in the Senate, but that they would exercise and wield a large influence towards restoring the State to her former relations in the Union. The Convention that assembled on the 14th of August, 1865, two months previous to the meeting of the Legislature, wisely appointed a committee to prepare and
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submit to the approaching Legislature for their considera- tion such new laws and changes in existing statutes as they deemed expedient to meet the changed domestic relations,. promote industry and secure obedience to law and order. Hons. E. J. Goode, Robert S. Hudson and William Hem- ingway were selected for this important service.
It was necessary to provide for the extension of civil rights to the negroes, and at the same time to place a tem- porary restraint upon both races. The legislation recom- mended by this committee bore evidence of earnest labor and legal ability, and directed the minds of the law-makers to the importance of the work before them.
During the session the Governor in a special message to the Legislature recommended the enactment of a statute conferring upon freedmen the right to testify in all cases in court, and at the same time to provide for the forcing of the idle and vagrant to some employment. The fact that the white people at the time were under the pressure of Federal bayonets, tended to make the negro idle and worth- less.
The authorities at Washington were petitioned time and again for the withdrawal of the troops, but the only re- sponse, either private or public, made by President John- son was that "the troops will all be withdrawn from Missis- sippi when, in the opinion of the government, peace and order and civil authority has been restored and can be maintained without them."
The State authorities found it difficult to satisfy the gov- ernment of the loyalty of our people, and their ability and willingness to preserve the peace and maintain civil pro- cess, notwithstanding all legislation was so shaped as to in- vite confidence in our purpose to uphold the law.
In the meantime, the people of the State were restless because of the continued imprisonment of President Jeffer- son Davis. Amnesty had been extended to nearly all others who had participated in the war, he alone being in confinement. He was the most renowned of all Missis- sippi's public men-was the Chief of the "Lost Cause"- beloved by the people of the entire South and especially so by those of his own State.
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In furtherance of their wishes a memorial asking for his release was adopted by the Legislature and transmitted by the Governor to the President of the United States set- ting forth in earnest and respectful terms their good in- tentions, and that "the State seceded by its own act, through its own Convention, through no agency of his. When the provisional government was organized at. Mont- gomery he was unanimously placed at its head without solicitation and without even a concurrence on his part, for it is well known that his expressed preference was that some one else should be placed in the position. When the voice of his countrymen was made known to him, he simply yielded to that voice, which was later repeated with great unanimity by the suffrages of the people." President Davis was bred a soldier, descended from a family of soldiers, and it was well known by those nearest to him that. he preferred service in the field.
Although much of the legislation of 1865 as was then contemplated by those who conceived, digested and framed the laws, was, at a subsequent session, greatly modified, yet at this day, a quarter of a century later, it must be con- ceded that there was much wisdom, and, with the surround- ings, an unusual degree of conservatism running through . the series of laws of that session that made the relations between the races tolerable, and at the same time avoided collisions between citizens and an arrogant and insolent soldiery quartered and garrisoned in a State where peace, ' order and law were observed and upheld.
It was during this session that the joint standing Com- mittee on State and Federal Relations made a report upon the subject of what is known as the direct tax imposed on the several States by an act of Congress approved August 5th, 1861, to increase the revenue for war purposes, by the terms of which twenty millions was annually laid on the United States, and the same apportioned to the States. By this apportionment the State of Mississippi was charged with $413,084.66. The tax thus assessed was upon the valua- tion of lands and improvements thereon, as valued in April, 1862. There was an exemption of $500 upon prop- erty belonging to any one person actually residing on it.
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If at the passage of the above statute the tax could not be collected by reason of war, it was made the duty of the President to execute its provisions when the United States government should be re-established. By the act the privilege was given any State to assume, collect and pay its quota of this direct tax.
A joint resolution was passed December 5th, 1865, by the Legislature, instructing their Senators and requesting their Representatives to endeavor to get this amount, $413,084.66, remitted by Congress, but in the event of re- fusal, the State assumed to pay such sum as shall be de- termined, and authorize the Governor to take necessary steps for such assumption.
After a session of forty-five days the Legislature ad- journed. On the 15th day of August, 1866, Governor Humphreys issued his proclamation convening the Legis- lature in extra session, on the 15th day of the following October.
In his message submitted to the two houses after assem- bling, he referred to the proposed amendments to the Con- stitution of the United States as being destructive to the rights of the States, and also to the antagonisms existing between the President and the Congress. On the twelfth day of the session, the Governor transmitted a special message to the two houses, stating that the precarious condition of the health of President Davis and the appre- hension felt for his imprisonment during the approaching winter, induced him to recommend the appointment of one or more commissioners to visit Washington and confer with the President of the United States, with a view to the release of Mr. Davis on parole or bail.
In response to this message a concurrent resolution was passed authorizing the appointment of two commissioners for the service recommended.
The Governor appointed Giles M. Hillyer, a member of the house from Adams county, and Robert Lowry, a mem- ber of the Senate from Rankin and Smith counties.
After a prolonged conference with the Governor, the conclusion was reached, that in the event of a refusal on the part of the authorities at Washington, the commis-
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sioners would be charged with the duty of visiting Mr. Charles O'Conner, of New York, and Mr. Wm. B. Reed, of Philadelphia, of counsel for President Davis, and learn from these gentlemen their opinions as to the release or trial of the distinguished prisoner. and lastly, to obtain permission from the proper department to visit the great Mississippian in his prison quarters, and make known to him the devotion of his people and the efforts they were making in his behalf.
The commissioners discharged the duty as best they could, and on their return, in January, 1867, made in per- son a full report to the Governor.
When Hon. J. F. H. Claiborne was engaged in writing a history of Mississippi, the manuscript of the second volume being unfortunately destroyed by fire, he wrote urgently requesting that the writer of this should furnish him with a copy of the interview with the President of the United States, and other incidents touching the same matter, occurring in the discharge of their duties, for inser- tion in his book. In complying with the request, it was distinctly stated that the manuscript should be submitted to President Davis, and not published unless approved by him. His consent was obtained, as will appear from the following letter to Col. Claiborne :
BEAUVOIR, P. O., HARRISON COUNTY, MISSISSIPPI, September 28th, 1878.
MY DEAR SIR : I have the pleasure to acknowledge yours of the 13th and 14th inst., and cordially thank you for the kindness manifested in both.
General Lowry sent to me a copy of the paper contributed to you, stating that he would not have it published if objectionable to me. I replied that the only criticism I would make on it was its too favorable reference to myself. He is entitled to my last- ing gratitude for the boldness which characterized his inter- course with President Johnson, and his prompt rejection of the evasive generalities by which Mr. Johnson attempted to conceal his malignity towards me personally. In pleading his want of power, and suggesting his desire to comply with the application of the commissioners, he paved the way to the usurpations of Congress by which he became as powerless as he represented himself to be, but was not when the Commissioners visited him.
Accept my thanks for the privilege you gave, in sending to me an extract from the contribution of my friend, and former col-
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league, Ex-Senator Brown. He and I served together in trying times, and we have suffered alike, for conscience and duty's sake. May a kind Providence smooth his path for the remainder of his journey.
Your friend, JEFFERSON DAVIS.
The colleague of the writer, Hon. Giles M. Hillyer, and the prominent officials with whom the Commissioners came in contact in Washington, President Johnson. Gen. Grant. at that time Secretary of War, Mr. Charles O'Con- ner, the distinguished New York lawyer, Mr. Wm. B. Reed, of Philadelphia, and last, the beloved chief himself, are dead, the writer of this, being the sole survivor of those mentioned.
The action of the Legislature had been announced by telegraph, and commented on by the press, especially that of the North.
When the Commissioners reached the national capital, in November, 1866, they received a most cordial welcome by many Southern people, then in the city.
General Richard Taylor, a son of President Zachary Taylor, and brother-in-law of President Davis, had been there some weeks previous to the arrival of the Commis- sioners, and immediately called, giving such information as he had been able to obtain in regard to public senti- ment touching the further imprisonment of President Davis. He and other friends met the Commissioners in confer- ence a number of times, in their parlor at Willard's Hotel, previous to their first interview with President Johnson, who at the request of the Commissioners, appointed the day and hour to receive them.
At the designated time the Commissioners called at the White House, and were politely received by the President. Major Hillyer first addressed the President on the object of our mission, without inviting interruption. For twenty or thirty minutes he poured forth, in chaste and pure Eng- lish, a most touching and beautiful appeal. The writer thought at the time, and has often since, that if the words could have been taken down as they fell from the lips of the speaker, they would have taken rank as a faultless production.
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The President then turned, facing this writer, when the following conversation occurred between Commissioner Lowry and the President :
Commissioner Lowry-Mr. President, we came to see you as Commissioners from our State, having credentials from his Ex- cellency, the Governor, to ask the release of Ex-President Davis. You are not unmindful of the fact, that we regard Mr. Davis as the embodiment of the sentiment of the Southern people, and that he is suffering for us. With the present surroundings, and embittered feelings of the Northern people, we can only look to you for that relief to which we know Mr. Davis is entitled."
President Johnson-I do not see how I could act at this time. It is a grave question.
Commissioner Lowry-It is now clear that there will be an issue between the Congress soon to assemble, and the Executive, and the prompt pardon of Mr. Davis by yourself will cement and bind the Southern people to you.
President Johnson-I know the great solicitude of the Southern people about Mr. Davis, but the situation of the country, and the gravity of the question, demands the greatest deliberation on the part of the Executive.
Commissioner Lowry-Mr. President, I beg to call your atten- tion to the act of the Congress of the United States, passed in 1862, authorizing the President to extend to all persons, that he might deem proper, pardon and amnesty, and I wish to say, that in the present condition of political affairs, my opinion is, that within ten days after Congress meets this law will be repealed, and you will be powerless to grant the pardon that millions of people now ask at your hands.
President Johnson-Congress, if it sees fit, can repeal that law, . but as Chief Magistrate of the Nation, under the Constitution, if I see proper, I can exercise the power of pardon.
Commissioner Lowry-It is not my province to discuss your power as President, under the Constitution, but I venture the opinion that such power will be denied by Congress, and under ·the law to which I call your attention, there can be no question as to its exercise.
This character of conversation was continued for some time, when President Johnson said :
"Gentlemen-I do not see that I can do anything, but I will see you again."
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Commissioner Lowry: Mr. President, before this interview is concluded, allow me to say that I presume that there is not a well informed man, North, South, East or West, but believes and knows that Mr. Davis would be at any place, at any time, to answer any charge that may be preferred against him by the government of the United States.
President Johnson : I presume not.
Commissioner Lowry : Then, if this be true, why not advise the authorities to at least grant him bail, and not let him die by inches ? The bail would be promptly given, if it did not exceed in amount the value of all the property in the Southern States.
President Johnson: I cannot control that, but I will see you again.
It was probably ten days later when the Commissioners called again to see the President. He was alone, and as the door closed he arose from his chair and approached the Commissioners, seemingly excited, gesticulating with both arms, and said :
"Don't you see, don't you see, don't you see, gentlemen, that I can't do anything in the matter of Mr. Davis !"
Commissioner Lowry : No, Mr. President, from my standpoint, I can't see it, but I can see with a plain statute conferring the authority on the Executive, to grant pardon and amnesty, that you could pardon Mr. Davis, who is made to suffer for the entire Southern people, and who is no more culpable than the humblest of his many thousand followers.
Thus ended the last interview of the Commissioners with President Johnson, whom this writer regarded as an able man, but greatly wanting in moral courage.
From Washington, the Commissioners, armed with authority from the Secretary of War, General Grant, went to see President Davis, then confined at Fortress Monroe. At Baltimore they were joined by two young ladies, rela- tives of Major Hillyer.
The party arrived at the Fort at 6 o'clock in the morn- ing, and in a short time afterwards were admitted to Presi- dent Davis's prison quarters. After spending an hour or more with him, Major Hillyer, accompanied by the ladies, went out to look at the Fort and its surroundings, and dia not return until four or five o'clock in the evening. This
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interval the writer spent with the ex-President, and, at his request, gave him in detail as near as possible, everything that occurred between President Johnson and the Com- missioners during the interview mentioned, including the reference to the probable feud between Congress and him- self.
In discussing President Johnson's inclination to pardon at all, the writer remarked to Mr. Davis, that Mr. Johnson no doubt found it difficult to relieve himself of the utter- ance. "Treason is odious and should be punished."
Mr. Davis replied with more than usual earnestness, "I shall not be surprised if President Johnson is tried for treason before I am."
The prediction so impressed the writer that on his return home he mentioned it to a number of friends, all of whom lived to see the fulfillment of this prophecy, in the trial of President Johnson for high crimes and misdemeanors, before the American Senate, sitting as a Court of Impeach- ment, and he came within one vote of being convicted.
In prison ex-President Davis was the same courtly gentleman that he was in the parlor, the Senate Chamber, and as the great chosen chief of millions of people.
After the day's conversation with Mr. Davis in his prison quarters, the writer was more than ever impressed with the fact that he was the greatest living American statesman.
From Fortress Monroe the Commissioners went to Phila- delphia, and were there joined by Mr. Wm. B. Reed, and proceeded to New York to see Mr. O'Conner who was lead- ing counsel for Mr. Davis. A full and free conference with the counsel mentioned, led the Commissioners to believe that the government would in the end abandon the prose- cution. President Davis was admitted to bail on 14th of May, 1867, and subsequently the prosecution was dis- missed.
On the 30th day of October. after a session of fifteen days, the legislature adjourned until the 3d Monday in January, 1867.
On the 21st of January, 1867, the legislature met pursu- tuk. to adjournment. Upon a call of the Senate Hon. Jesse Elligenator elect from the counties of Rankin and Smith, (vice heart Lowry, resigned,) appeared and qualified.
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During the session, needed changes and alterations of the legislation of 1865, were made, as well as new enactments that were found applicable to the changed condition of affairs. It was during this session that the XIV amend- ment to the Constitution of the United States was sub- mitted to the legislature for its action. The joint standing committee on State and Federal Relations, Judge H. F. Simrall, chairman, recommended that the State refuse to ratify the amendment to the Constitution of the United States, proposed by Congress as Article XIV, which was adopted without a dissenting vote.
The Legislature adjourned on the 21st of February, 1867.
General Humphreys died quite suddenly at his home, Itta Bena, Leflore county, on the 20th December, 1882, and had the entire population of Mississippi for mourners.
CHAPTER XIX.
CONSTITUTIONAL CONVENTION OF 1868.
M ISSISSIPPI had complied with every demand made by the government at Washington ; had expressed, through her authorized agents, a desire to be restored to the Union ; but, notwithstanding all this, restoration was curtly refused ; her Senators and Representatives were de- nied their seats in the two houses of Congress, and this and the other seceding States were divided into five military districts, and a general officer of the regular army was assigned to the command of each. The fourth mili- tary district comprised the States of Arkansas and Missis- sippi, and Brevet Major-General Edwin Otho Creswell Ord was assigned to its command. General Ord, soon after assuming command of the fourth district, issued an order in pursuance of the reconstruction act of Congress, ap- proved March 23d, 1867, for an election of delegates to a Convention called for the purpose of revising or making anew the organic law of the commonwealth of Mississippi.
In selecting delegates to that Convention a large num- ber of the most intelligent white citizens in the State were excluded from participation in the election, by test oaths, penalties, etc., while the negroes, ignorant and un- scrupulous, knowing nothing of the responsibility attach- ing to the elective franchise, were made the docile instru- ments of an equally ignorant and more corrupt and worthless class of white men than ever cursed a free country.
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