USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. I > Part 96
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The Freedmen's bureau in Mississippi was instructed that the State laws would not be recognized as valid if they denied freed- men the right to lease farm lands, and an investigation was or- dered by Gen. O. O. Howard, head of that bureau. After the legis- lature adjourned in December, Gov. Humphreys sent Judges William Yerger and A. M. Acker to Washington to lay the laws before the president, and they were assured by Mr. Johnson that none of the acts would be nullified except by the courts of law. In December, 1866, the governor applied to Gen. Wood for per- mission to use the militia to enforce the law prohibiting freedmen from bearing arms. This Gen. Wood refused, believing the gov- ernor was misled in fearing a general insurrection of the negroes on Christmas day, and regarding the State law as unjust and un- constitutional. He was sustained by the president, and Gov. Humphreys ordered the militia not to attempt to enforce the statute.
As has been noted (War of 1861-65), the face of the records in- dicate that in Mississippi more negroes were enlisted in the United States army in the four years 1861-65 than were white men in the Confederate army. After the 16th corps was mustered out at Vicksburg, Aug. 1, there were left in the State 39 white commis-
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sioned officers, and 1,071 enlisted men; while the negro soldiers retained in service numbered 9,122 officers and men.
These troops were used by the United States army to garrison and preserve order in the State, as the white soldiers were anxious to return to their Western homes. A situation resulted wherein negroes, recently slaves, went about armed and asserted author- ity over and humiliated their former masters. It was impossible that they could perform the duties assigned them, without excit- ing resentment in white people, and resistance from the impulsive element.
As early as August, 1865, President Johnson informed Governor Sharkey that the government did not mean to humiliate the peo- ple of the South, and would cease the use of negro troops as soon as possible. Gov. Humphreys represented to the president that the negro garrisons "did infinite mischief by misrepresenting the purposes and intentions of the State government, and by circulat- ing reports among the freedmen that the lands would be divided among them, and by advising them not to work for their late mas- ters." He said, "I have yet to learn that United States troops are needed in Mississippi to restore order. On the other hand, I have found them a disturbing element, a nuisance, and a blighting curse to the quiet and happiness of both races." The governor sent a special commission to Washington on this subject, the legislature memorialized the president, and "the president was deluged with representations of this nature from private citizens." Gen. Thomas J. Wood, who succeeded Slocum Nov. 14, 1865, found it necessary to order some of his white officers to refrain from dab- bling in cotton deals, and to endeavor to prevent friction between the negro troops and white citizens and militia. In January, 1866, he recommended the mustering-out of seven negro regiments. This was ordered, but soon countermanded, the regiments to be employed for the repair of the river levees. Though not used in that work, they remained in the service until a second order of muster-out was issued in March. In the following month the other regiments were mustered-out, and by May 20, 1866, no ne- gro troops remained. At the same time, in February, Gen. Wood had abolished the district organization of his department, requir- ing all post commanders to report to him at Vicksburg.
In March, 1866, congress passed the Civil Rights bill, which was followed by supplemental laws, and the 14th amendment. The conflict between President Johnson and the Congress then began to be open and acute. (See Reconstruction.)
In August, 1866, Mississippi passed from the importance of a military department to a district, with a garrison of five companies at Vicksburg, and one each at Natchez, Jackson and Grenada. Gen. Wood received the compliments of the newspapers for his kind- ness and consideration. At the same time he firmly insisted that there must be no discrimination in the courts between whites and blacks, and he reported that under the act of congress, May 11, 1866, providing for the transfer of cases involving racial conflict
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to the United States courts, and by equitable decisions in the State courts, "substantial justice is now being administered throughout the State by the local judicial tribunals to all classes of persons, irrespective of race or color, or antecedent political opinions." It was true, he said, that many crimes had been com- mitted by the vicious and criminal upon the weak, and that those crimes have in many cases gone unpunished," but in view of the great social convulsions of war and emancipation, through which the State had passed, "it should not, perhaps, be a matter of sur- prise that so many outrages and crimes occur and go unpunished, but rather a matter of marvel that so few occur."
By proclamation August 15, 1866, Gov. Humphreys called the legislature to meet in special session Oct. 15. Oct. 16 his message declared "a general exigency, resulting from the altered and de- ranged condition of our federal relations at the termination of the late civil war" demands further attention. The removal of negro troops and the placing of the Freedmen's bureau under the control of officers of the regular army were subjects of congratula- tion. "The white race is thus relieved from the insults, irrita- tions and spoiliation to which they were so often subjected, and the black race from that demoralization which rendered them averse to habits of honest industry, and which was fast sinking them in habits of idleness, pauperism and crime. Both races are now settling down in business life and cultivating those senti- ments of mutual friendship and confidence so essential to the prosperity and happiness of both."
He was still disposed to regard the opposing political policies in the North as "fanaticism," saying, "it still overshadows our land with all its portentous blackness." The congressional delega- tion had been refused seats, and "the Radical congress has en- acted laws and proposed amendments to the constitution which, if adopted, will destroy the rights of the States and of the people, and centralize all the powers of government in the Federal Head." Concerning the policy of the President, he declared that "the brave soldiers who boldly marched up to the battle line and fought for the Union," were supporting Johnson, a misapprehension that doubtless helped prolong the struggle of the Mississippi leaders against the policy of Congress. Warning against this error had been given by General Alcorn as early as 1865. As chief magis- trate of the State, Governor Humphreys said he had "sedulously avoided all collision with the Federal power and yielded obedient acquiescence in every case of usurpation and wrong inflicted upon our citizens by the Federal authority." But in transmitting the Fourteenth amendment, he said that it was adopted by congress in palpable violation of the rights of more than one-fourth of the States, because all the States were not in congress at the prelim- inary passage, and was "such an insulting outrage and denial of the equal rights of so many of our worthiest citizens who have shed lustre and glory upon our section and our race, both in the forum and in the field, such a gross usurpation of the rights of
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the State, and such a centralization of power in the Federal gov- ernment, that I presume a mere reading of it will cause its rejec- tion by you." Of the Civil Rights law, he declared that it "can- not be received as a rule for your guidance." But he suggested a "relaxation of the rigidity of our laws," meaning the negro code of 1865. "Public justice to both races demand the admission of negro testimony in all cases brought before the civil and criminal courts. And now that the niegro has shown a confiding and friendly disposition toward the white race, and a desire to engage in the pursuits of honest labor, justice and honor demand of us full protection to his person and property, real and personal."
The reports of the auditor and treasurer for October, 1865, to October, 1866, showed receipts, in United States currency, of $590,048 ; disbursements, $507,086 ; leaving a balance of $61,962, of which $60,000 was receipts under an act of 1865 for the relief of wounded and disabled soldiers, and $1,250 was internal improve- ment fund.
Of worthless or dubious paper, the treasury contained $780,277 Confederate States notes, $13,000 Mississippi military money, $81,000 Auditor's change warrants, $528 cotton money; $46,000 in railroad bonds and stock belonging to the Three per cent fund; $720,000 railroad stock belonging to the Internal improvement fund, and $200,000 railroad bonds belonging to the Chickasaw school fund. One road, the New Orleans road, owed over $650,- 000 to these funds.
Suit had been brought against all the defaulters to the State treasury except the late treasurer himself, M. D. Haynes, in whose case action was prevented by loss of many of the papers showing his indebtedness. Haynes' shortage was afterward determined as $61,962, and must have arisen during the war.
The governor recommended greater provision for destitute sol- diers and families, to the amount of one-fifth of the entire revenue of the State. This was enacted.
Jan. 24 the governor sent in another message. See Railroads, A. & M. college.
This legislature incorporated 22 manufacturing companies, in- cluding oil and turpentine industries and the famous Mississippi company at Wesson. It also incorporated a Mississippi lottery company at Vicksburg, and authorized lotteries in behalf of va- rious public institutions. The first session, 1866, provided for a commission to visit Washington and seek the release of Jefferson Davis. Giles M. Hillyer and Robert Lowry were selected by the governor for this office. The governor reported Jan. 24, 1867, "They failed in obtaining the object of their mission, and Mr. Davis is still confined in Fortress Monroe, awaiting his trial." He recommended "as an act of justice, duty and affection, that an adequate sum be appropriated by Mississippi to defray the ex- penses necessary to procure to our grand vicarious sufferer a fair constitutional trial." Bills to appoint counsel passed both houses under suspension of rules. The bill to appropriate $20,000 was
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opposed in the senate by a minority, who sought to change the appropriation to the benefit of soldiers' widows and orphans, but passed, 15 to 7. Mr. Davis was admitted to bail three months later, and never tried. The State paid the attorneys appointed $20,000. Charles O'Connor, of New York, was one of the counsel engaged. In a letter to Gov. Humphreys, May 27, 1867, he stated the general judgment that the prosecution was at an end, and that he had cashed the draft for $3,000 sent him by Mississippi, and would draw for a balance of $1,720.
There followed the Military Reconstruction act of March, 1867 (See Reconstruction), under which Gen. E. O. C. Ord, a native of Maryland, a West Pointer, and a prominent officer in the Missis- sippi campaigns of 1862-63, was assigned to military command in Mississippi, with powers similar to those previously exercised by Gen. Osterhaus and Gov. Sharkey. Gov. Humphreys was undis- turbed, and early in April Gen. Ord was his guest at Jackson while he visited the public institutions and gathered information regard- ing the situation. But the general assumed the functions of en- forcing obedience to the civil government, and exercised the right of removing and appointing civil officers, but displaced none except in cases where they were tried and convicted by military commis- sion. Because of the confusion and uncertainty incident to the change of policy, many officials resigned and some citizens refused to pay their taxes to the civil government. The General pro- claimed that the reconstruction acts recognized the civil govern- ment, that officials would be held to a strict accountability, that citizens must assist in the maintenance of order and pay taxes as usual for the support of the civil government. Civil officials were ordered to enforce the laws, "so as to obviate as far as possible the exercise of military authority."
Notice was given that there would be no elections until there had been a registration of voters under the Reconstruction act. Under the act of congress of July 19, 1867, he was required to re- move all "disloyal" persons from office, and he gave notice accord- ingly that open opposition by officials to the reorganization on the basis of suffrage without regard to color would be cause for re- moval. The municipal officers in Vicksubrg were removed, and several local officers in Choctaw, Kemper, Holmes, Neshoba and Washington counties, in all about 25. He made about 70 appoint- ments to local office, one of them being Isaiah T. Montgomery, (q. v.), as justice of the peace, "probably the first negro in the State to hold a public office." He stayed the sale of lands to satisfy judgments, for protection of the struggling planters. He policed the towns rigidly to prevent the ravages of fever. He peremptor- ily forbade all discrimination against the freedmen in the adminis- tration of justice. "The legislature was in session when he assumed command, and although he did not disperse it as he did the Arkan- sas legislature, such of its acts as were not conducive to the suc- cess of the congressional policy, as he understood it, were not permitted to be enforced. Verdicts of juries and judg-
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ments of courts, in a few instances, were set aside or modified." (Garner's Reconstruction.) His interference with the judicial au- thorities led to the resignation of the High court, whereupon he made appointments to fill the vacancies.
The military punishment of imprisonment at the Dry Tortugas was inflicted upon several persons convicted of horse stealing, a prevalent form of crime that the post commanders suppressed with mounted men. One Newton county man was sentenced to three months at the Tortugas on the charge of "disloyal utterances and deterring negroes from registering." In all 41 cases were tried by military commissions, nearly all cases of horse stealing. (Gar- ner, p. 169.) The arrest of Col. McCardle (q. v.) was a famous instance of repression of newspaper opposition to the reconstruc- tion laws.
The registration of voters under the Reconstruction acts was the duty of the military commander, who put this work in the hands of a board of four officers, April 15, 1867. Garrisons of 80 to 250 men were stationed at 13 principal towns to protect the reg- istration. There was a board of three registrars in each county, composed of those who could swear they had never voluntarily borne arms against the United States, aided or encouraged hostil- ity, or held any office under the Confederate States. Consequent- ly the registrars were mostly freedmen, army officers and ex-Union soldiers who had settled in the State. In order to be registered as a voter, in addition to the qualifications of age and residence, an affidavit was required that the applicant had never held office under the United States, or legislative, executive or judicial office under the State, taking an oath to support the constitution of the United States, and subsequently had engaged in insurrection or given aid or comfort to the same. This disqualified most of the prominent white citizens, even those disposed to go all the way with congress. Members of the secession convention were excluded, but militia and municipal officers, commissioners of public works, directors of State institutions, or banks and corporations and conscripts forced into service, were not disqualified.
Early in September the registration was 46,636 whites and 60,- 167 colored. Thirty-three of the 61 counties showed negro major- ities. This was a startling demonstration of the situation which led to the horrors of negro rule.
Oct. 15, 1867, a convention of "Constitutional Union men" met at Jackson, in which, however, only a few counties were repre- sented. This body published an address Dec. 12, declaring that the Southern States were doomed to be African provinces, and calling on the white people to refrain from voting for delegates to the proposed constitutional convention. On the other hand A. G. Brown, Ethelbert Barksdale, Judges Watson, Campbell and Yer- ger, John J. McRae, and Fulton Anderson, were prominent advo- cates of the policy of full recognition of citizenship. Brown was not even opposed to negro suffrage, if it should come at the right time, by the right men, in the right way. Judge Campbell said,
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"I agreed with Mr. Barksdale, who favored a prompt acquiescence on the part of our people, and to make the most of the situation and form an alliance with the negroes politically by a full recogni- tion of their rights to vote and hold office, acquire ascendency over them, and become their teachers and controllers instead of allow- ing the Republicans to do so." (Boutwell report, p. 937.) Harris and William Yerger were members of the State Central Recon- struction club at Jackson, with branches over the State.
The Republican party held its first convention in the State at Jackson, Sept. 10, the delegates being freedmen, election regis- trars, bureau agents and recent Northern immigrants. It de- clared for the reconstruction law, free education of all children and unrestricted franchise.
The movement to dissuade the whites from voting in the latter part of November on the question of holding a convention and for delegates to the same, proved to be popular. The total registra- tion was 139,327, and only 76,016 votes were cast. Nevertheless, the vote for a convention was 69,739, a majority of the registration, and the vote against was 6,277. The convention was ordered to meet in January. This work completed, Gen. Ord gave way to Gen. Alvan C. Gillem, who had been the subordinate officer in command of the State. He was a native of Tennessee, a personal friend of President Johnson, and had been conspicuous in the reorganization of his home State.
The people of the State were in distress because of failure of the cotton crop in 1866 and 1867, and considerable relief had been ex- tended (see Freedmen's Bureau). Gen. Gillem's efforts to di- vorce the freedmen from dependence on government support had the effect of firmly establishing confidence between the negro laborers and white landholders, and the first abundant crop since 1860 was produced in 1868. Gillem somewhat relaxed the rigors of military rule, but exercised plenary powers. He removed a considerable number of local officers under the act of congress; and made about 230 civil appointments. He made appropriations for the regular support of the State government, the legislature not being allowed to meet, proclaimed a law against the carrying of concealed weapons and created boards of arbitration to settle labor disputes. (See Garner's Reconstruction, pp. 182-86.) The penitentiary he leased to Edmund Richardson.
Dec. 9, 1867, Gov. Humphreys issued a proclamation stating that information had been received by him and at department headquarters indicating fear of "combinations and conspiracies" on the part of negroes to "seize lands and establish farms," if con- gress did not arrange "a plan of division." Popularly, the talk was of a "Christmas insurrection." When this was investigated by the constitutional convention of 1868, Gov. Humphreys said his information was mainly derived from Gen. Ord, who referred the committee to Gen. Gillem, who replied that giving the infor- mation desired was "incompatible, etc.," and declared he never
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had believed any insurrection was contemplated. (A. H. Stone, Miss. Hist. Publ. IV, 187).
The constitutional convention assembled at Jackson Jan. 9, 1868, and adjourned May 17. (See Const. Conv. of 1868.) The consti- tution which was objectionable, aside from the suffrage require- ment, on account of restrictions of citizenship operating against the white population, was submitted to the people at an election beginning June 22, for which regulations were made by Gillem.
As State, district and county officers were to be elected at the same time, nominations were made by the political parties. The Republican State convention met at Jackson Feb. 15, and nomi- nated for governor Gen. Beroth B. Eggleston, a native of New York, lately of the Union army, and a full white ticket, against which there was some protest from the colored population. Pres- idential electors were also nominated, all but one of whom were "carpet baggers."
Jan. 16, a convention of conservatives at Jackson, adopted the name of the Democratic White Man's party of Mississippi, and demanded political supremacy of the white race. Feb. 19 another convention of the Democratic party met at Jackson with a large attendance and remained in session three or four days. It was the object to unite the white voters as far as possible in protest against the convention, which was declared to be without constitutional authority, the delegates not being elected by the qualified voters of the State, but by negroes destitute alike of the moral and intel- lectual qualifications required of electors in all civilized countries, combined with a small majority of white adventurers from other States ; that the acts of the latter class demonstrated them to be the enemies of the people of the State, who had constituted it from its territorial infancy to the present time. The framing of the constitution was charged to be a fraudulent pretense to cover the wicked conspiracy of these adventurers to degrade the people, rob them of their liberty, destroy the social status and put them under the yoke of a negro government. A committee of five is- sued an address to the people April 27, and the convention re-as- sembled May 12 and nominated Gov. Humphreys for reelection, and a full State ticket, but no national ticket, as Gen. Gillem was not authorized to order an election of presidential electors.
As the campaign opened Gen. J. Z. George addressed a letter to the public which was printed everywhere and had great effect. The policy of inaction gave way to one of intense effort to defeat the adoption of the proposed constitution, the proscriptive features of which were repulsive to people of judgment everywhere, with- out regard to party. The campaign, says Garner, "has certainly never been surpassed in enthusiasm and determination except by the great contest of 1875." The Democratic canvass was under the direction of Chairman John D. Freeman, former attorney-general and congressman.
Early in June the excitement was greatly increased. By direc- tion of the president Gen. Gillem turned over his command to
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Gen. Irwin McDowell, remembered as the Union commander at the first battle of Manassas, 1861. He was in command in Missis- sippi June 4 to July 4. Early in June he issued an order for the removal from office of Gov. Humphreys and Attorney-General Hooker, on the charge of obstructing the enforcement of the re- construction laws. Adelbert Ames, lieutenant-colonel of one of the regiments on duty in the State, was appointed provisional gov- ernor, and Capt. Jasper Myers, U. S. A., was ordered to perform the duties of attorney-general. Ames at once went to Jackson and notified the governor of his appointment, and awaited the gov- ernor's convenience in carrying out the order. Several days later Gov. Humphreys replied that he regarded the proposed removal as an usurpation and in violation of the constitution of the United States, and that President Johnson, in answer to his appeal, had disapproved the order. "I must therefore, in view of my duty to the constitutional rights of the people of Mississippi, and the dis- approval of the President, refuse to vacate the office of governor, or surrender the archives and public property until a legally qual- ified successor under the constitution of Mississippi is appointed." On the next day, June 15, 1868, the governor was forcibly ejected from his office in the capitol, by Col. Biddle, post commandant at Jackson. Provisional-Governor Ames also took possession of the governor's mansion, permitting the family of Governor Hum- phreys to remain for some days. The correspondence was renewed regarding the occupation of this official residence. July 10 Ames wrote: "You entirely ignore the reconstruction acts and the action taken by those empowered to act under them. I recognize no other authority. The feeling entertained not only by me, but by others, not to cause you any personal inconvenience has, through your action, ceased to exist. This controversy about the mansion can only terminate as indicated in my letter of yesterday." The matter was turned over to Col. Biddle accordingly, and on July . 13 the governor and his family were marched out between the file of guards, leaving Ames in possession. (Garner, Reconstruction, 215.) By this method was the civil authority overthrown by the military. The reign of the "carpet-baggers" was inaugurated, and with it came ignorance and cupidity in the public service. Thomas T. Swann was auditor of state Oct. 16, 1865, to Jan. 4, 1870, when he was succeeded by H. Musgrove. From the beginning of Swann's service until May 1, 1866, the receipts of the State treasury were $2,079,319; disbursements by warrants $296,285. May 1, 1866 to May 1, 1867, receipts $916,122; disbursements, $555,627. May 1, 1867 to May 1, 1868, receipts, $429,551; disbursements, $576,975. May 1, 1868 to May 1, 1869, receipts $501,975 ; disburse- ments, $502,723 ; May 1, 1869 to March 1, 1870, receipts, $424,772; disbursements, $387,961. This shows a total receipt during the period of white control following the war, of $4,351,741. Of this amount there was received in uncurrent funds (Confederate, State and Cotton notes) $2,319,532. The total disbursements by war- rant were $2,267,488. The outstanding warrants March 1, 1870,
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