USA > Mississippi > Mississippi : comprising sketches of towns, events, institutions, and persons, arranged in cyclopedic form Vol. II > Part 78
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mote counties were urged to organize themselves into a county patrol for the apprehension of offenders.
The main part of the proclamation was given to consideration of the objections of some to taking the amnesty oath, which pledged them to observe the emancipation proclamation of 1863. The objection that that measure was not constitutional, said Judge Sharkey, "certainly cannot be raised with propriety by such as denied that they were subject to the Constitution of the United States as the supreme law, when the proclamation was issued. Whether it be constitutional or not, is a question which the peo- ple have no right to determine. The determination of that ques- tion rests with the supreme judicial department of the government. This [emancipation] proclamation must be regarded as valid until the Supreme court shall decide otherwise. When it does so decide, parties will be absolved from the obligation of the oath. Perhaps, however, parties who believe the proclamation void are over-sanguine in the correctness of their opinions. There is a general principle in the law of nations which authorizes one bel- ligerent party to do towards his neighbor whatever will strengthen himself and weaken his enemy, limited of course by the laws of humanity. Some writers of high authority hold that legitimate power in war, towards an enemy, is co-extensive with necessity. Even the desolating of a country and the burning of towns and villages are held to be justifiable acts in certain cases. Whether these principles be broad enough to cover the taking of slaves, as they certainly are with regard to other property, is not for me to determine, and I mention them only to show to those who enter- tain this opinion that perhaps it does not rest on as solid a foun- · dation as they imagine it does. The people of the Southern States were in rebellion; the president of the United States had a right to prescribe terms of amnesty ; he has done so, and it is hoped the people will all cheerfully take his oath with a fixed purpose to observe it in good faith. Why should they now hesitate or doubt, since slavery has ceased to be a practical question? It was the ostensible cause of the war; it was staked upon the issue of the war, and that issue has been decided against us. It is the part of wisdom and of honor to submit without a murmur. The negroes are free, free by the fortunes of war-free by the proclamation- free by common consent-free practically as well as theoretically, and it is too late to raise technical questions as to the means by which they became so. Besides it would be bad policy now to undertake to change their condition if we could do so. It would be nothing less than an effort to establish slavery where it does not exist. Therefore let us cordially unite our efforts to organize our State government so that we may by wise legislation prepare ourselves to live in prosperity and happiness in the changed con- dition of our domestic relations. The people of the South have just passed through a most terrible and disastrous revolution,. in which they have signally failed to accomplish their purpose. Perhaps their success would have proved to be the greatest calam-
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ity that could have befallen the country, and the greatest calamity to the cause of civil liberty throughout the world. The true pa- triot finds his greatest enjoyment in the noble and pleasing reflec- tion that his government is to live with an honored name, to shed its blessings on millions through future centuries. And as good governments are things of growth, improved by the lights of ex- perience and often by revolutions, let us hope-sad and disastrous as this revolution has been-that the lessons it has taught will not be destitute of value. The business of improving our government, if it should be found to need it, and of promoting reconciliation between the Northern and Southern people, are now prominent duties before us, so that we may hereafter live in the more secure and perfect enjoyment of the great patrimony left us by our fathers, and so that those who are to come after us may long enjoy .. in their fullest functions the inestimable blessing of civil liberty, the best birthright and noblest inheritance of mankind."
The governor made some necessary appointments to office, in- cluding James R. Yerger as secretary of state, and John H. Echols as state treasurer.
As governor under military commission Governor Sharkey had broad powers. He levied a tax on stores, taverns, gaming tables, restaurants, peddlers, brokers, banking establishments, and $10 on every bale of cotton sent to market, to provide a fund for the maintenance of his government. When various persons refused to pay this tax, he ordered the amount doubled as a penalty and collected by levy and public auction. (Garner.) The receipts during his administration from all sources were $152,814; expen- ditures $68,942. (House Journal, 1865, p. 105.) But at the time of the meeting of the constitutional convention there was no money in the State treasury, and the penitentiary and lunatic asylum were in part supported by the United States.
While the regular judicial system was in abeyance, he revised the replevin laws, empowering two justices of the peace to issue the writ, and by edict created a new court, the Special Court of Equity (See Judiciary) to determine the disputes about cotton contracts.
It must be borne in mind that he exercised these powers under the military authority, the president of the United States not hav- ing revoked the proclamation of 1862 instituting martial law, and declaring Mississippi in insurrection. Maj .- Gen. P. J. Osterhaus was commander of the department of Mississippi, and the chief authority, under the president, from the beginning of Sharkey's administration until he was superseded by Maj .- Gen. W. H. Slo- cum, June 23, with headquarters at Vicksburg. The State was divided into five districts, under subordinate generals, and the military, in great part colored soldiers, were used for the main- tenance of order. Above the provisional governor and the courts he might institute, was the military authority.
In the constitutional convention of August Judge William Yer- ger said, in illustrating the actual condition: "A few weeks ago,
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a citizen of the State of Mississippi was arrested in Washington county, and brought to Vicksburg, charged with having killed a negro. Judge Sharkey, provisional governor of the State, issued a writ of habeas corpus against the officer having him in charge. The officer refused to surrender him; he did more-he arrested the judge who issued the writ, for doing so. An appeal was made to the president of the United States, and the response was that the government of the State at present is provisional only; that the arms of the United States cannot be withdrawn-military law could not cease, until the State of Mississippi established a form of government restoring her to the Federal Union, in a manner approved by Congress."
In another case where white citizens had assaulted negro Un- ion soldiers, it was ruled that "the rebellion, though physically crushed, has not been officially announced or created either directly or indirectly as a thing of the past," and the offenders were prop- erly punished by martial law. Gen. Slocum was directly ordered by Secretary Stanton to put under arrest any judge who should issue a writ of habeas corpus against the authority of the Freed- men's Bureau or military courts. (See Const. Conv. of 1865.)
· When Governor Sharkey instituted a volunteer militia, however, he was sustained by President Johnson, against Gen. Slocum. The governor took this step because, he said, bands of robbers and plunderers infested the State, the soldiers were insufficient to re- press disorder, and the use of negro soldiers did more harm than good. As an instance of the condition of affairs he said that for twelve or thirteen consecutive nights the passengers on the stage coach between Jackson and Vicksburg had been robbed by high- waymen. (See Militia.)
Without discussing constitutional questions, the situation was as if Mississippi were a Territory preparing for admission to the United States, the people of the whole country watched the reor- ganization of Mississippi, as Mississippi had watched the organ- ization of the States of California and Kansas. Gov. Sharkey's proclamation was pleasing everywhere, except that there was some criticism of his wholesale restoration of civil officials. The presi- dent suggested caution, and the governor responded with assur- ances that he was avoiding the appoinment of secessionists, and that every official was required to take the amnesty oath.
President Johnson suggested to the August convention that, to avoid future trouble, a qualified suffrage should be extended to the negroes (see Const. Conv. of 1865) but this advice was ignored. It was not the wish of the majority of the white citizens to yield the right of suffrage at this time. While prepared to recognize the freedom of the negroes and to accord them a large measure of civil rights, they naturally viewed with profound alarm the "new, unaccustomed, unpracticed, and wholly unrestrained liberty of so vast a laboring, landless, homeless class," and felt that certain re- straints should be placed on the negroes for the protection of society until they should develop some capacity for the exercise of
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full citizenship. After the surrender in 1865, it seems that the first official to accept negro testimony was the mayor of Vicksburg, and his action was widely censured. On account of this situation, the military authorities of the United States authorized the re- moval of all cases in which negroes were involved, to the tribunals under the management of the Freedmen's bureau. September 20, Col. Samuel Thomas, assistant commissioner of the Freedmen's bureau, proposed to Gov. Sharkey to transfer all such cases to the civil courts, provided that negroes might have the right of bring- ing suit and giving testimony. Gov. Sharkey replied that in his opinion the negro already had those rights in any court of the State, under the constitution of the United States, since the action of the State convention prohibiting slavery.
The governor accordingly issued a proclamation, September 25, announcing his construction of the law, and requesting that the freedmen's courts be closed and their pending business transferred to the civil courts. This was, of course, unpopular with a large part of the white population, by whom it was called a "bargain" between Judge Sharkey and Col. Thomas. Negro testimony be- came the issue in the election ordered by the convention. The Jackson News expressed the fear of the opposition: "If the privi- lege is ever granted, it will lead to greater demands, and at last end in the admission of the negro to the jury box and ballot box." So serious was this opposition to negro testimony that it was a reason urged by some for emigration to Mexico, where several Confederate generals, as well as Robert J. Walker (q. v.), were interested in creating an American colony. Gen. Wood, formerly of Natchez, was the promoter of emigration to Brazil, whither sev- eral families actually moved. But this movement was opposed by the more judicious. Pursuant to an ordinance of the August con- vention, an election was held October 2, for congressmen and all State, district and county officers, the officials in office when the Confederate armies surrendered being considered as losing all of- ficial status with the collapse of the Confederacy.
Judge Ephraim S. Fisher, of the High court, was the favorite of the convention as a candidate for governor, but Gen. Benjamin G. Humphreys was the choice of his army comrades who disliked Fisher because of his indifference to the Confederacy. Another candidate was W. S. Patton. The result of the election was that Humphreys received 17,814 votes; Fisher, 14,528; Patton, 9,422. The opposition to negro testimony secured a majority of the legis- lature, though some of the ablest men elected were of the oppos- ing policy. "Original secessionists" were elected to the High court, but the congressmen were all men who had opposed seces- sion.
When the legislature met, in October, for the first time under the United States government since 1860, Governor Sharkey briefly addressed the two houses. "He remarked," says the jour- nal, "that he had not prepared any formal address or message, and that he did not consider it his province as provisional governor to
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do so. He did not consider himself the constitutional governor of Mississippi; but he thanked the legislature for the compliment implied in their resolution. He alluded to the distracted condition of the State for the past four years; how that the work of reor- ganization fell to his lot, and how distrustful he was of his abili- ties in assuming the great responsibilities which thus devolved upon him. He had done the best he could-had labored faithfully to bring order out of chaos; and notwithstanding the embarrass- ments which had crowded around him from every possible direc- tion, he felt that he was in some degree successful. He was proud to say that Mississippi had taken the lead in the work of reorgan- ization, and that, without any lights for her guidance, she had set an example to her sister States that is being deemed worthy of emulation, and with the most beneficial results to the South." He spoke gratefully of the cordial and unfailing support of President Johnson, and of the pleasure he felt in transferring his powers as provisional governor to the governor regularly elected by the peo- ple.
The writ of habeas corpus was restored, but Governor Hum- phreys was not for some time fully recognized by the president of the United States. Governor Sharkey was notified November 17 that his services as provisional governor were not yet dispensed with, and he continued to be the medium for official communica- tion between the United States and the State of Mississippi, until he was notified December 14, by Secretary Seward, that the time had come, in the judgment of the president, when the care and conduct of affairs in Mississippi might be remitted to the properly constituted authorities, chosen by the people thereof, without dan- ger to the peace and safety of the United States. (Garner.) He was ordered to transfer his papers and the property of the State in his custody, to Governor Humphreys, and was commended for his fidelity, loyalty and discretion. (But, for events following the election see Humphreys' Adm.)
Sharon, an incorporated post-town of Madison county, about 8 miles northeast of Canton, the nearest railroad and banking town. It was so named because the Sharon seminary for girls was situ- ated here at an early day. It has three churches and a non- sectarian school. Population in 1900, 173.
Sharp, a hamlet of Amite county, about 8 miles northeast of Lib- erty, the county seat. The postoffice at this place was discontinued in 1905, and it now has rural free delivery from Liberty.
Sharp, Jacob H., was born in North Carolina in 1833, reared from infancy in Lowndes county, Miss., and educated at Athens, Ga., where he was a class-mate of Gen. John B. Gordon. He en- tered the Confederate service as a private in Blythe's regiment, the Forty-fourth Mississippi, and was elected captain of his company. This regiment was part of Chalmers' infantry brigade, with which he served at Shiloh and Munfordville, Ky., gaining commendation for gallantry. After the Kentucky campaign he was elected col- onel, to succeed Blythe, and after commanding his regiment at
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Chickamauga, Missionary Ridge, and Resaca, where General Tucker was wounded, he took command of the brigade. He was promoted to brigadier-general for gallantry on the field of battle at Atlanta, July 22, 1864, and within a week won new distinction for gallantry at Ezra Church. He led his brigade through the North Georgia and Tennessee campaigns that followed, fought his last battle at Bentonville, N. C., and was paroled with the army of General Johnston. After the war he returned to his home in Lowndes county.
Sharpsburg, a post-hamlet of Madison county, 10 miles north of Canton, the county seat and nearest banking town. Population in 1900, 74.
Shaw, an incorporated post-town in the southeastern part of Bol- ivar county, on Porter's Bayou, and on the Yazoo & Mississippi Valley R. R., 25 miles southeast of Rosedale. It was named for the owner of the land through which the railroad passes. It has a money order postoffice, and telegraph, express and banking facil- ities. Its two banks are both prosperous institutions. The Bank of Shaw was established in 1902 with a capital of $30,000, and the First National Bank was founded in 1904 with a capital of $30,000. A large cotton-seed oil mill was established here in 1903, and there are three large cotton gins, which annually gin about 9,000 bales of cotton. It supports separate schools for white and colored, which are efficiently conducted. There are four churches, two white and two colored. The Christian Plea (colored), is a semi-monthly, religious publication, established in 1902. The town has just in- stalled an excellent electric light and water works system. It is situated in a fertile cotton growing district, and the people are wide awake and enterprising. Its population is increasing at a rapid rate. It had 422 inhabitants in 1900, and in 1906 the population was estimated at 1,000.
Shawnee, a postoffice in the western part of Benton county, 10 miles east of Holly Springs, the nearest banking town.
Sheba, a postoffice of Webster county, 12 miles east of Walthall, the county seat.
Shelby, a post-town of Bolivar county, on the main line of the Y. & M. V. R. R., 16 miles by rail north of Cleveland, one of the county seats of justice. The town was named for the Shelby family, who were the first settlers in this part of Bolivar county. It is a prosperous, growing place, and annually ships a large amount of cotton; in 1904, 8,500 bales were shipped from here, all grown within 312 miles of town. Shelby has an international money order postoffice, excellent public schools, and seven churches, three white, and four colored. There are two banking institutions-the Shelby Bank was founded in 1902 with a capital of $10,000, which has since been increased to $23,000; the Citizens Bank was estab- lished in 1904 with a capital of $10,000, since increased to $12,300. Among the industrial enterprises of the town are a large cotton-seed oil mill erected in 1903; two spoke factories; a heading mill and three cotton gins. Arrangements are now being perfected whereby
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the town will have a water works system. Its population in 1900 was 250, and was estimated at 1,050 in 1906.
Shelby Creek, a hamlet of Tippah county, 4 miles northwest of Ripley, the county seat. It has rural free delivery from Ripley.
Shellmound, a post-village of Leflore county, situated on the Yazoo river, 8 miles northwest of Greenwood, the county seat, and nearest banking town, and 3 miles west of the station of Money, on the Yazoo & Mississippi Valley R. R. It has a money order postoffice. Population in 1900, 150.
Shelton, a post-hamlet of Jones county, 12 miles southwest of Ellisville, the county seat and nearest banking town. Population in 1900, 46.
Sheppardtown, a post-hamlet in the southern part of Leflore county, on the Yazoo river, 12 miles southwest of Greenwood, the county seat and nearest banking town. It has a money order postoffice, a church, several stores, and a saw mill. Population in 1900, 78.
Sherard, a post-hamlet of Coahoma county, on the Riverside Division of the Yazoo & Mississippi Valley R. R., 8 miles west of Clarksdale, the nearest banking town. Population in 1900, 56.
Sherman, an incorporated post-town, and station on the Kansas City, Memphis & Birmingham R. R., in the extreme northeastern part of Pontotoc county, and 8 miles northwest of Tupelo. It has a money order postoffice, a bank which is a branch of the Tupelo Bank & Trust Company's bank. Sherman has three churches, a good school, and a cotton gin. The population in 1906 was esti- mated at 500.
Shields, William Bayard, prominent among the lawyers of the Territorial and early State periods, was a native of Delaware, kin of the Rodneys and Bayards. He was appointed major on the staff of Governor Williams in 1805, and he and Poindexter were the escort of Aaron Burr to Washington town in 1807. He was mar- ried in 1807 to Victoire, daughter of Gabriel Benoist. He succeeded Seth Lewis as attorney-general, west of Pearl river, in 1808. He was a representative in the general assembly in 1808 and again in 1813-14 from Adams county. In January, 1818, he was elected judge of the supreme court of the State for the first district, defeat- ing Joshua G. Clark for that honor, but on April 20, of the same year, he was commissioned the first judge of the United States court for the district of Mississippi, a position he held until his death in 1823. Judge Shields was a man of popular qualities, a leader of the Jeffersonian party throughout his career, and as a judge, "patient, laborious, discriminating and scrupulously impar- tial." It was at the home of his widow that S. S. Prentiss (q. v.) made his home when he came to Mississippi.
Shiloh, a hamlet of Issaquena county, situated on the Missis- sippi river, about 15 miles south of Mayersville, the county seat. It has a money order postoffice. Population in 1900, 72.
Shiloh, Battle of. This battle was fought by Gen. Albert Sid- ney Johnston's Army of the Mississippi (q. v.), advancing from Corinth, with the purpose of attacking Gen. U. S. Grant's army,
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which, after capturing Fort Donelson and 14,000 Confederate troops, had moved up the Tennessee river, and encamped at Pitts- burg Landing, about 18 miles from Corinth. Gen. Buell was ad- vancing from Nashville, and the Confederate plan was to over- whelm Grant before he could be re-inforced. Heavy rains delayed the movement just enough to prevent success. Hardee's corps was the Confederate advance force, and the fighting began about day- light Sunday morning, April 6, on the skirmish line of Hardcastle's battalion. The Sixth Mississippi charged with Pat Cleburne, drove the enemy from their tents, and pushed on to meet a bloody repulse. "It was only when the regiment had lost 300 officers and men killed and wounded, out of an aggregate of 425, that it yielded and retreated over its own dead and dying." Col. Thornton and Maj. Robert Lowry were among the wounded. Chalmers' Missis- sippi brigade, on the extreme right, drove the enemy before them until they nearly reached Pittsburg Landing and came under the fire of the gunboats. Then turning toward the center they struck the flank of Prentiss' division about the time it surrendered, at four in the evening. Some of Prentiss' officers surrendered to the Mis- sissippians. After that Chalmers attacked another position but was held in check until darkness stopped the carnage.
Gen. Ruggles claimed much of the credit for the surrender of Prentiss' division for the Mississippi batteries of Swett, Burns and Stanford. Smith's battery was commended for "splendid service." Their six-pounder guns were exchanged for 12-pounder Federal guns. Miller's cavalry battalion captured a Michigan battery of six guns. Blythe's regiment drove a battery from position, but as they pushed on, Col. Blythe was shot dead from his horse'and Lieut .- Col. D. L. Herron and Capt. R. H. Humphreys were mor- tally wounded. Statham's brigade was in the front with Breck- inridge through the day. Martin's 2d Confederate regiment, in the same division, fought against Prentiss, and lost 100 men, among the killed Sergt .- Maj. White and Capt. Davis, Lieut .- Col. E. F. McGehee severely wounded. Martin commanded the brigade after Bowen was wounded, and advanced until stopped by the gunboats. Gen. Johnston was killed in the evening, but there was hope that a renewed attack in the morning would have compelled the sur- render of Grant, if Buell had not arrived in the night. The second day's fight was against fresh troops and the Confederate army was driven back. That day Stanford sacrificed his battery; losing nearly all his horses and 20 men, holding the enemy in check. Harper was wounded and Put Darden commanded his guns in a fierce artillery fight. Hardcastle's battalion was in the thick of the desperate struggle. The 2d Confederate, under Maj. T. H. Mangun, checked the victorious enemy with repeated charges and captured a battery. Chalmers' brigade was again distinguished, but lost Col. W. A. Rankin, of the Ninth. Maj. T. E. Whitfield was badly wounded. The brigade went into battle 1,740 strong, cap- tured 1,600 prisoners and lost 82 killed and 343 wounded. The
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