Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II, Part 63

Author: Dunbar Rowland
Publication date: 1907
Publisher: Madison, Wis. : S.A. Brant
Number of Pages: 1020

USA > Mississippi > Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II > Part 63

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).

The joint standing committee on State and Federal relations, of which Judge Simrall was chairman, in the special session of the legislature, 1866-67, made an elaborate report, recommending that Mississippi refuse to ratify the Fourteenth amendment, on the ground that "the voting class should not be swollen by sudden and large infusions of ignorance and prejudice. It cannot be pretended that the lately enfranchised blacks are, as a body, either morally or intellectually competent to vote. They have never had any con- cern or participation in public affairs. In the main they are desti- tute of the simplest elemental training. They have no habits of thought, are incapable of comprehending our system of govern- ment and of reasoning upon and apprehending measures of wise statesmanship. The fourth section degrades and disfran- chises a most useful, intelligent and respectable class of our citi- zens-in a form the most odious and tyrannical-by ex post facto law. All who have taken the amnesty oath or been spec- ially pardoned have been forgiven any crime or offense by reason of their complicity in the recent insurrection. To reach them by a bill of attainder or ex post facto law is beyond the power of congress. The problem is yet unsolved, whether they may may not be punished by a constitutional amendment." The legis- lation of congress during the war was cited to support the position that Mississippi had never been out of the Union. The Thirteenth

526

MISSISSIPPI

amendment was submitted to each of the 36 States and ratified by nearly all the Southern States, among the others. It was contended that it was revolutionary and subversive of fundamental principles, "that a State may be in the Union for some purposes, and out of it for others ; that she may, through her legislature, ratify an amend- ment of the constitution, and at the same time be excluded from the consideration and vote on the amendment in Congress. The assumption that 25 States can govern the other 11 in a mode different from that prescribed in the Constitution, is nothing more nor less than a subversion of the Constitution and the Union created by it." The legislature voted unanimously to reject the amendment.

February 3, 1867, William L. Sharkey, senator elect, telegraphed from Washington to hold the legislature in session until he could be heard from. He forwarded a plan of reconstruction proposed by a delegate from North Carolina, and recommended adoption thereof by the Southern States. This proposed another form of the Fourteenth amendment, declaring the Union perpetual, mak- ing sacred the public debt of the United States and repudiating the debts of the insurrectionary movement, declaring the citizenship of all persons born or naturalized in the United States and pro- tecting all citizens of the United States from denial of rights and privileges by the States, providing for congressional apportionment on the basis of the population permitted to vote by the State laws; the constitution of the State to be amended to permit any male citizen, qualified by age and residence, to vote, who could read the declaration of independence and the constitution of the United States, write his name, and was the owner of $250 worth of taxable property. Governor Humphreys transmitted the com- munication to the legislature, saying he disapproved it entirely, and the majority of the Simrall committee again discussed the con- stitutional question, declaring that the Thirteenth and Fourteenth amendments "were not offered by congress to the Southern States as the conditions of restoration," and recommending the adop- tion of a resolution asking congress to propose "a final plan for the adjustment of State and Federal relations." Hillyer and Lewis, minority, were not prepared to admit they would consider the Sharkey proposition, even if it were proposed by congress.

Congress soon presented a "final plan." This was embodied in the Military Reconstruction Act, entitled, "an act for the more efficient government of the rebel States," adopted over the presi- dent's veto March 2, 1867. It was the preamble of this act that "no legal State governments or adequate protection for life and property now exists in the rebel States [enumerating all the late Confederate States except Tennessee], and whereas it is necessary that peace and good order should be enforced in said States until loyal and republican State governments can be legally established," therefore the said States for their government were thrown into military districts, Mississippi and Arkansas forming the Fourth, and provision made for a convention in each State to form "a con-

Digitized by Google

527

MISSISSIPPI

stitution of government in conformity with the constitution of the United States in all respects." (See Const. Conv. of 1868.) March 23, 1867, the next congress passed a supplemental bill giving specific instructions as to the method of reconstruction required.

J. W. C. Watson had predicted in the Convention of 1865 that resistance to the inevitable results of the war would bring about another convention, which would be without regard to race or color. (See Const. Conv. 1865.) The military control had never been entirely withdrawn, even during the administration of Gover- nor Humphreys, whom President Johnson declined, for some time after his inauguration, to treat as a governor. The only change made was to dispense with the functions of Provisional Governor Sharkey. But as time. passed and Governor Humphreys and the executive and judicial officers were, in general, not interfered with, the majority in the State took the attitude, more strongly than before, that the State was "in the Union," though the congressional delegation was denied recognition. It was denied that the United States government could enforce military government under the Reconstruction acts, while the civil government continued, though the military commandants had all along exercised powers of a mil- itary governor, and Governor Humphreys had deferred to the mil- itary government in regard to the execution of certain laws. (See Humphreys' Adm.) "Trial by military commission in a Northern State where the courts were open was held to be unconstitutional," says Garner.

The opinion of Justice Tarbell (Welborne vs. Mayrant, 48 Miss. 653) was: "By no refinement of reason can we escape the fact that there existed in the State in 1868 a pure, undisguised, military government, and the military force was not kept there simply as a police force, but it was sent there to govern as well." This opinion was given on an appeal which questioned the constitutional right of the general commanding to set aside the judgment of an arbi- tration court that he had himself created, by military proclama- tion. "Tarbell's view was certainly justified by the actual practice of the commanders, if not by the spirit of the reconstruction acts," Garner comments; "whether it was justified by the constitution of the United States is not quite so clear." To which, of course, the opposing theory was that the appeal to the constitution of the United States was as yet unauthorized. (See Const. Conv. 1865.) Judge R. A. Hill, of the United States court, the only judge of the State permitted to issue the writ of habeas corpus, "declined to hold the Civil Rights act unconstitutional under existing conditions," and construed it as not intended to deprive the citizen of his con- stitutional rights regarding trial and punishment for alleged mis- demeanor, but that in a certain class of offenses a different forum was provided, composed of military officers of the government, who were supposed to be free from local and other prejudices on the subjects involved. (Autobiographical sketch, Goodspeed Memoirs.) The two famous cases in which the habeas corpus was invoked were those of Col. McCardle (q. v.), an editor charged

Digitized by Google

528

MISSISSIPPI

with obstructing the congressional laws, and E. N. Yerger, charged with killing the military mayor of Jackson. The State attempted to raise the whole question of status before the United States supreme court, Judge Sharkey and Robert J. Walker appearing and asking leave to file an application for an injunction against Presi- dent Johnson and Gen. Ord, to restrain them from enforcing the reconstruction acts. The application was based upon the theory that secession was null and void and the State was not therefore a proper subject of reconstruction. The court refused to permit the filing of the application, to avoid interference with the president in the execution of the laws. (Mississippi vs. Johnson, 4 Wall 475.)

Under the Military Reconstruction act of 1867 Gen. E. O. C. Ord was appointed to command of the Fourth district, with headquar- ters at Vicksburg. Ord announced his appointment March 26, 1867; Gen. Alvan C. Gillem had command, under him, of the sub- district of Mississippi. Gov. Humphreys was permitted to retain his office, and the ordinary administration of civil government con- tinued, but with no legislative functions. Gen. Ord had two gen- eral duties,-to preserve order, and to provide for the registering of voters under the new law and an election on the question of a constitutional convention. (See Humphreys' Adm.) The election held and convention ordered, Gen. Ord, after nine months' service, asked for transfer, and was succeeded by Gen. Alvan C. Gillem, who took command of the Fourth district, January 8, 1868. The United States troops in the State at that time were the 24th and 34th infantry and two companies of cavalry, posted at Vicksburg, Meridian, Jackson, Natchez, Grenada, Columbus, Holly Springs, Corinth, Durant, Brookhaven and Lauderdale. Four more com- panies were brought in for fear of disorder at the elections. Gen. Gillem was able to greatly relax the rigor of military rule, though he made more appointments to civil office than did his predecessor. (See Humphreys' Adm.) The constitutional convention of 1868 (q. v.) assembled at Jackson January 9, 1868, with 17 negroes among the delegates. It was, as might have been expected, a crude and revolutionary assemblage, anxious to do so many things that it continued in session 115 days. The constitution it framed was submitted to popular vote June 22, 1868, the first time such a thing had been done in Mississippi. "Every possible precaution to prevent fraud and unfairness seems to have been taken by the district commander. It is difficult to see what more could have been done," says Mr. Garner. Meanwhile the Democratic party was reorganized, and all its strength put into the campaign against the constitution, and for the election of a governor to succeed Humphreys.

June 4 Gen. Gillem was succeeded in command of the Fourth district. by order of the president, by Gen. Irwin McDowell, who. unlike Ord and Gillem, had never been on duty in the State. On the charge of opposition to the Reconstruction acts, he removed Gov. Humphreys from office. Lieut .- Col. Adelbert Ames, of the

zed by Googl

529

MISSISSIPPI

24th infantry (brevet major-general), was appointed provisional governor, the function first exercised by Judge Sharkey. Other changes were made, State officers being supplanted by officers of the regiments of the State garrison. (See Ames Prov. Adm.)

McDowell added another day to the election date. But before he was able to announce the result, he was removed from com- mand, and Gillem reinstated, a step which met with popular ap- proval.

Gillem announced July 10 the result of the June election. It showed that the constitution had been rejected.

Two days before the returns were completed, the Committee of Five, of the constitutional convention (q. v.), reported to the Reconstruction committee of congress that election commissioners had been unable to discharge their duties in some counties, in others there was a reign of terror for the purpose of intimidation, and that a sort of boycott had been proclaimed to compel negroes to refrain from voting the Republican ticket. On the other hand the Democrats charged that negroes were intimidated from voting their ticket. There is no doubt of the truth, to some extent, of all these allegations. Not more than half the colored vote was cast. The Committee of Five requested Gen. Gillem to investigate its charges, and upon his refusal so to do, the committee took rooms at the capitol, and with closed doors took testimony to support its position. After four months the chairman of the committee on November 3 issued a proclamation declaring the constitution adopted by a majority of the legal votes cast, and the Republican State ticket elected at the same time. The elections in Copiah, Carroll, Chickasaw, DeSoto, Lafayette, Rankin and Yalobusha counties were declared to be illegal and void on account of threats, intimidations, frauds and violence. He also claimed that two Re- publicans had been elected to the 40th congress, and impeached the title of a number of members of the legislature declared elected by Gen. Gillem.

Meanwhile the committee had asked congress to support this conclusion. The House passed a bill July 24, to re-assemble the convention to frame a new constitution, but it was rejected by the senate. A Republican State convention was convened at Jackson, November 25, which memorialized congress to the same effect, renewed the charges of fraud, and adopted an address declaring that a large party in Mississippi, in "defiance of the authority, and regardless of the wishes of congress, had rejected in contempt all terms of restoration, and had assumed the right to dictate the terms under which they would condescend to be re-admitted to the Union." Similar conventions were held in nearly every county. A committee of six persons from the State at large, and two from each congressional district, were sent to Washington to urge the adoption of this policy. There was a hearing before the Recon- struction committee. Gov. Sharkey testified that the election was fair so far as he knew, that many negroes voted voluntarily with the Democrats, that there was good feeling between the races, and

34-11

Digitized by Google

530

MISSISSIPPI

that if again submitted, with the proscriptive features omitted the constitution would be adopted. Gen. Gillem had the same view of the constitution, and denied that he had opposed the recon- struction measures, as charged against him. J. W. C. Watson said the people, though opposed to negro suffrage, would have approved the constitution but for the features of white disfran- chisement. Another Mississippi reconstruction party, among the leaders of which were A. Warner, A. C. Fiske, Judge Jeffords, J. L. Wofford and Frederick Speed, nearly all Northerners, opposed what they called the Eggleston clique, and favored the policy which was afterward adopted.

While the subject was yet before congress, Gen. U. S. Grant was inaugurated as president, March 4, 1869. The overwhelming sup- port of Grant as a candidate in 1868 had its effect upon the situ- ation in Mississippi and elsewhere, as indicating the inevitable. After his inauguration, president and congress pursued one policy. Gen. Gillem was removed from district command, and the provis- ional governor of Mississippi, Gen. Adelbert Ames, was appointed his successor.

Just before the Reconstruction committee closed its hearings, A. G. Brown, Judge Simrall, and others, representing the Demo- cratic party of the State, appeared before it, and were given "a full and patient hearing." An argument between two of these gentlemen and two of the Republican committee was heard by President Grant. His conclusion was that the proscriptive clauses in the constitution were wrong; that the people could not afford to have another convention, and he suggested resubmission with the objectional clauses stricken out, which Brown and Simrall ap- proved.

The president's suggestion carried weight with congress, which considered two plans of re-submission of the rejected constitutions of Mississippi, Virginia and Texas-one by Gen. B. F. Butler, and the other by Gen. Farnsworth, of Illinois. The Farnsworth plan was finally adopted as the basis, amended by Senator Morton, of Indiana, to require the State to adopt the Fifteenth amendment to the constitution of the United States before the restoration of representation in congress. This bill became a law in April, 1869, immediately after which congress adjourned, leaving the comple- tion of the work to the president.

The Fifteenth amendment, intended to reinforce the Fourteenth amendment, had passed congress February 25, 1869. It provided that "The right of the citizens of the United States to vote shall not be denied or abridged by the United States, or by any State. on account of race, color, or previous condition of servitude," and authorized enforcement by legislation.

By proclamation of President Grant, July 13, 1869, the consti- tution of 1868 was resubmitted at an election November 30, 1869. (See Ames' Adm.) By overwhelming majorities it was adopted with the objectionable features stricken out, and all the Republi-

Digitized by Google

531

MISSISSIPPI

can candidates for State office, legislature and congress were elec- ted by great majorities.

Accordingly the legislature of the State, for the first time since 1866, met in January, 1870, under the new constitution, the Four- teenth and Fifteenth amendments were promptly ratified, by almost unanimous vote (Garner's Reconstruction, 271), and United States senators (q. v.) were elected. All the other States had been re- admitted in January, 1870. Gen. Butler reported a bill in the lower house of congress February 3, 1870, readmitting Mississippi, but with the conditions of a stringent oath of allegiance for civil offi- cers, and pledges that the constitution should never be amended so as to deprive any citizen of the right to vote, or to hold office because of race, color or previous condition of servitude, or so as to ever deprive any citizen of the benefits of the public schools. Senator Morton in the Senate added other restrictions. The bill thus passed both houses and was approved February 23, 1870. Gen. Ames, who had been elected one of the United States sena- tors, issued his general orders No. 25, February 26, 1870, an- nouncing that the command known as the Fourth military district had ceased to exist.

The measures of reconstruction had as a basis negro enfran- chisement and white disfranchisement. The enforcement of such a policy was impossible, because it would have resulted in the ruin of both races.

"The construction period found the negro free. His freedom was not the result of his own efforts, although in most instances it was his desire to be free. By reason of the entire absence of self-reliance, his want of experience and his failure to understand or appreciate his changed condition, the negro after his emanci- pation was helpless. At this critical time the carpet-bagger invaded the South intent upon nothing but gain. At best the pathway toward better things was blocked by many difficulties. The com- ing of the carpet bagger and the evil influence he gained over the negro, by causing him to lose faith in his best friends, was the crowning sorrow and humiliation of the South.

"The picture of conditions existing in the South during the period of reconstruction may strike those who know nothing of it as too dark. Some thinking and impartial men of the North are inclined to believe that Southern men overdraw the darkness of the night of reconstruction. At this time-thirty years after-in the light of the facts of history the student of that period, whose opinions are not embittered by the trials of the times, stands in astonish- ment and marvels at the patience and long suffering of a brave and chivalrous people." (Dunbar Rowland in "A Mississippi View of Race Relations.")

Under the general title of "Reconstruction," the whole period, 1865-67 is often included. For the period following 1869 see the articles, Alcorn', Powers' and Ames' Administrations, etc.

Red Banks, an incorporated post-town of Marshall county, on the Kansas City, Memphis & Birmingham R. R., 9 miles northwest

Digitized by Google

532

MISSISSIPPI

of Holly Springs, the nearest banking town. It was so named because of the reddish appearance of the banks of the creek on which it is located. It has 2 churches, a money order postoffice and a steam gin. Population in 1900, 79.

Redbone, a postoffice of Warren county, 12 miles south of Vicks- burg, and 2 miles east of the Yazoo & Mississippi Valley R. R.

Redding, a post-hamlet in the southwestern part of Calhoun county, about 18 miles from Pittsboro, the county seat. Population in 1900, 27.

Reddoch, a postoffice of Jones county.

Redland, a post-hamlet in the southern part of Pontotoc county, about 12 miles south of Pontotoc, the county seat. De Soto and his army are believed to have spent the winter of 1540-41, one mile northwest of Redland, at the Indian village of Chicaca. It has a church. Population in 1900, 52.

Redlick, a post-hamlet of Jefferson county on the Yazoo & Mis- sissippi Valley Railroad, 8 miles by rail northeast of Fayette, the county seat and nearest banking town. In writing of the five early settlements of Jefferson county, the late Col. John A. Watkins, of New Orleans, La., says: "The northeast (Redlick) was settled largely by the Ross, Chambliss, Cesney, Prince, Shelby and Jeffrey families." It has three churches, and a money order postoffice is maintained here. Population in 1900, 70.

Redmondville, a post-hamlet in the southeastern part of Yazoo county, about 15 miles from Yazoo City, the county seat. It has a money order postoffice. Population in 1906 was about 100. It is a flourishing town.

Redstar, a post-hamlet of Lincoln county, 8 miles northwest of Brookhaven, the county seat. Population in 1900, 20.

Redwood, a station on the Yazoo & Mississippi Valley R. R., about 10 miles north of Vicksburg, in Warren county. It has a money order postoffice.

Reed, Thomas B., was a native of Kentucky, well educated, and had some experience as a young lawyer at Lexington before com- ing down the river to Natchez in 1809. It is the tradition that he arrived without money and had some difficulty in getting his baggage transported from the landing. He was appointed city clerk in December, 1811. In 1813 he was an unsuccessful candidate for delegate in congress, against Cowles Mead and Dr. Lattimore. He appeared in the first criminal case brought before the supreme court of the State, arguing for the defence in behalf of the Blenner- hassetts, at the June term, 1818. In January, 1821, he was elected attorney-general of the State, receiving 20 votes to 13 for Edward Turner. Adams county elected him to the legislature in 1825. In January, 1826 he was a candidate for the unexpired term of David Holmes in the United States senate. This caused a curious com- plication. The constitution of Mississippi provided that a member of the legislature should not be eligible to any office for which the legislature had the power of election. Reed did not resign his mem- bership in the legislature, but simply declined to take his seat in

Digitized by Google

533

MISSISSIPPI

that body. Though the objection was urged against him strongly, he was elected, and was given his seat in the United States senate, which has the right to pass upon the qualifications of its own mem- bers.

In January, 1827, Reed was defeated before the legislature by Powhatan Ellis, and he went before the people as a candidate.

In 1828, after he had sent out a circular announcing his candi- dacy for the senate, a counter circular was issued by Wiley P. Harris, making a bitter onslaught upon him, charging that his character was "blackened with charges of almost every species of bad faith and moral turpitude, and particularly the charge of perjury." Reed replied that the charge of perjury had previously been exposed and was based only on his taking out letters of ad- ministration on the insolvent estate of a friend in preference to probating the will in which he was named as executor. Another charge made by Harris, that he was "a hightoned Federalist" until he became a candidate for office, he denied, most emphatically and personally, citing proof that in Kentucky he had been considered "rather too democratical." He charged Harris with having, for several years waged "a war of extermination" against him. When the legislature met, he was opposed by Poindexter and Lynch, but was elected by a large majority, for the full term of six years, to succeed T. H. Williams. While on his way to Washington, D. C., he died at his old home, Lexington, Ky., November 25, 1829. His contemporary, Henry S. Foote, said of him that he had a profound knowledge of law, but was deficient in general in- formation and was not fluent in speech. "His person was large and commanding; he dressed with much taste and elegance; and his manners were marked with a loftiness bordering on hauteur which impressed ordinary beholders with mingled awe and aver- sion." He gained no little reputation during his short service in the senate, and his speech on the judiciary question, much talked of at the time, may yet be read with profit and entertainment.

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.

Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II, Part 63

Author: Dunbar Rowland Publication date: 1907 Publisher: Madison, Wis. : S.A. Brant Number of Pages: 1020

Author: Dunbar Rowland
Publication date: 1907
Publisher: Madison, Wis. : S.A. Brant
Number of Pages: 1020