USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II > Part 62
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 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123
523
MISSISSIPPI
in this direction, though General Humphreys was a Union man in 1860.
The Thirteenth amendment, prohibiting slavery, and empower- ing congress to enforce this prohibition, had been adopted by con- gress in January, 1865, and submitted to the States for ratification. The legislature of Mississippi, of 1865, convened under President Johnson's policy, followed the advice of its joint committee on fed- eral relations : that the amendment to the State constitution covered the same subject; "had been adopted in perfect good faith," and further action was unnecessary. The committee feared the pro- posed national amendment involved "a dangerous grant of power" to congress, and that it would revive the irritating questions of the past. They asserted that "vexed questions connected with the negro race were all merged and settled in liberation." They were not opposed to the first section, prohibiting slavery, but recom- mended the rejection of the second section, "that congress shall have power to enforce this article by appropriate legislation." Nevertheless, the amendment was adopted by a constitutional ma- jority of the States, including most of the Southern States, and accordingly was proclaimed as the supreme law, December, 1865.
When congress met in December, 1865, the majority, regarding the president's policy as having failed to secure sufficient guar- antees from the States, preliminary to their readmission to partic- ipation in the national government, appointed a Joint Committee on Reconstruction, which was dominated by Thaddeus Stevens, of Pennsylvania, and pending its deliberations, the delegation elected by Mississippi under the President's policy was not recog- nized. The committee made an investigation, George S. Bout- well, of Massachusetts, being in charge for Mississippi. The tes- timony of Judge Sharkey and Judge Hill was taken, but mainly the opinions of a number of Union army officers and visitors to the State were asked.
The most serious question connected with reconstruction, ac- cording to the preliminary report of the committee, was the rep- resentation in congress. The constitution provided for representa- tion on the basis of population, counting all the free persons and three-fifths of all other persons. To continue under this rule, "the inevitable effect of the rebellion would be to increase the po- litical power of the insurrectionary States." The committee said, "Doubts were entertained whether congress had power, even under the amended constitution (Thirteenth amendment), to prescribe the qualifications of voters in a State," and they recommended amendment of the constitution to the effect that "political power should be possessed in all the States exactly in proportion as the right of suffrage should be granted, without distinction of color or race." This recommendation was not satisfactory to the senate, because it would abandon the freedmen to entire exclusion from suffrage at the price of State representation, and because disfran- chisement might be accomplished on other grounds than those named to the same effect. The committee reported February 20,
524
MISSISSIPPI
1866, "That in order to close agitation upon a question which seems likely to disturb the action of the government, as well as to quiet the uncertainty which is agitating the minds of the people of the eleven States which have been declared to be in insurrection, no senator or representative shall be admitted into either branch of congress until congress shall have declared such State entitled to such representation." And again in June, 1866, that their admis- sion to participation in the government of the United States would not be justified without certain guarantees of the civil rights of all citizens, a just equality of representation, protection against claims founded in rebellion, and discrimination in the restoration of suffrage to the white citizens.
Governor Humphreys had declared in an official message, that the ex-slaves, though freemen, were not citizens. The legislature had raised the question of the power of congress to legislate to enforce the constitution, the "Black Code," adopted by the legisla- ture, denied to a material degree the right of testimony in court, and property rights. Congress, in March, 1866, adopted the Civil Rights bill, (and supplemental acts later) declaring "that all per- sons born in the United States, and not subject to any foreign power, excluding Indians not taxed, are citizens of the United States," and asserting their equal rights to "make and en- force contracts, to sue, be parties, and give evidence," etc .; giving the United States courts jurisdiction of cases of violation of the law, and authorizing the use of the United States army by the president for the enforcement of the law. This was passed over the veto of President Johnson. To permanently meet the situation, congress in June, 1866, adopted the Fourteenth amendment to the constitution, defining citizenship "of the United States and of the State," forbidding any State to abridge the privileges and im- munities of citizens, to deprive any person of life, liberty or prop- erty without due process of law, or to deny to any person the equal protection of the laws, and in the second section, providing that representation in the lower house of congress should be based on population, "but when the right to vote at any election for the choice of electors for president and vice-president of the United States, representatives in congress, the executive and judicial officers of the State, or the members of the legislature thereof, is denied to any of the male inhabitants of such State, being twenty- one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State." The third section excluded from congress and the electoral college, and "any office, civil or military, under the United States, or under any State," any person who had taken an official oath to support the constitution of the United States, and afterward engaged in in- surrection or rebellion against the same, or given aid or comfort to the enemies thereof; unless congress by two-thirds vote of each
525
MISSISSIPPI
house, removed the disability. This was to remove the power of amnesty from the president. The fourth section made unquestion- able the validity of the national debt incurred on account of insur- rection or rebellion and made "illegal and void" any debt or obliga- tion incurred in aid of insurrection or rebellion, "or any claim for the loss or emancipation of any slave." The fifth section gave congress power to enforce these provisions.
This amendment was accompanied by two bills, one making the ratification of the amendment a prerequisite to the admission of senators and representatives from any State lately in insurrection, the other declaring high officials under the Confederacy ineligible to office under the government of the United States.
In the elections of 1866, throughout the Union, reconstruction was the issue, and the North overwhelmingly sustained the con- gressional policy, and chose a congress with 143 Republican to 49 Democratic representatives, a most unfortunate sectional divi- sion, for which President Johnson was originally responsible, which created a semblance of a continuation of the strife that had been submitted to the decision of battle. Only Tennessee submitted to the congressional policy, and at once was restored to representa- tion in congress and self-government. In such action the Southern legislatures were directly encouraged by President Johnson. Gen. Grant wrote to Gen. Richard Taylor, "I would like exceedingly to see one Southern State, excluded State, ratify the amendments to enable us to see the exact course that would be pursued. I believe it would much modify the demands that may be made if there is much delay."
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-
1
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
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, thoughi 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
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-II
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-
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.