Tuesday, February 24, 2015

Alcorn and the Reconstruction Acts, Pragmatism over Principle

This post is number sixteen in a historical series dealing with Mississippi’s Whig/Reconstruction senator and governor, James Lusk Alcorn. In the three posts prior to this one (see my 13 and 24 January and 9 February 2015 posts below), I described to the reader the situation in Mississippi (and the South in general) immediately following its surrender to Federal forces and the growing battle between President Johnson and Congress over the course Reconstruction would take.  Johnson’s defeat led to enactment of the Reconstruction Acts across the South. In this post I return to the subject of Alcorn proper, picking up the thread from the fall of 1866 after the unrepresented South had rejected ratification of the egregious Fourteenth Amendment. Congress reacted by sweeping away civil government and imposing martial law.
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From the time he got wind of the Fourteenth Amendment (probably December 1865 when he was in Washington), Alcorn linked Mississippi’s readmission to the Union to its ratification. Indeed, there was a bill in Congress that spring (1866) that would have assured the South’s reentering the Union in return for ratification. The bill died in Congress that summer (but the requirement did not). Alcorn believed that readmission and representation (the two were actually one) were prerequisites for peace, order, and prosperity, and he was willing to sacrifice principle to do business with the devil himself to obtain them. By the devil himself, I refer to the Radical Congress, not the Negro, but by virtue of the voting booth, the black man provided the potential for advancing the Radical cause. White Southerners considered that power illegitimate (which it was), but Alcorn warned in November of 1866 the Negro would get the vote anyway, and it would be better “to align him with us than against us” (I’m paraphrasing here). 

Under the Reconstruction Acts (which were also unconstitutional), Congress imposed martial law across the South. General E. O. C. Ord assumed command of the Fourth Military District (Mississippi and Arkansas with headquarters in Vicksburg) on 26 March 1867. In reporting the general’s initial inspection of the state in company with Governor Humphreys, the editor of the Jackson Clarion made reference to the general’s wartime record as that of a soldier doing his duty, and the man indicated no “spirit of revenge” in his present position.  

General Ord was a native of Maryland and a West Point graduate. He was familiar with Mississippi. He’d been Sherman’s right wing at Corinth and his left at Jackson. He’d been present at the surrender of Vicksburg. If you want my opinion, Ord should have been concerned with thoughts of revenge, but not his own. Truth was though the people of Mississippi were apprehensive about the introduction of martial law, as any people should be; civil servants were concerned with their jobs, and Mississippi wanted no problems with the unwarranted military presence. 

Ord initially dispelled concerns over civil positions—as long as everything was in keeping with the Reconstruction Acts—so give him a little time, in the meanwhile everyone “continue to come to work” (again I’m paraphrasing). What it boiled down to (initially) was that vacancies would be filled by “loyal” citizens. In time “disloyal” citizens would be removed from positions of public trust for “failure to do impartial justice to persons accused of crime”. Such vacancies would eventually be filled with “loyal” citizens. General Ord was the arbiter of what constituted a “disloyal” citizen—or what was considered “impartial justice”—which when expanded, translated to saying anything against the Reconstruction Acts.  

To ensure change of personnel was in keeping with said Acts, no incumbencies were to be filled until the electorate was registered—but Ord did made appointments before elections were held. I’m guessing these were “temporary” to keep the wheels of civil government turning, and numbered 71, which was more than there were vacancies, so he expanded the number of “loyal” civil servants. In his defense he removed only eight “disloyal” incumbents, but that number included all the municipal officers in Vicksburg in the summer of 1867. (The removal of all civil servants did not occur until the one-month “reign” of General McDowell in the summer of 1868, which I will address in a later post).

Other than the dubious role of “establishing order” in Mississippi (see my 24 January post below on how ludicrous that argument was), General Ord’s objective was to register the electorate—that meant registering the “loyal” citizens and ensuring “disloyal” citizens were denied the franchise. The focus, of course, was ensuring the Freedman’s voice was heard at the ballot box and the ex-Confederate’s was not. Apparently “loyalty” was defined in the negative as “not having taken up arms against the United States government” (unless you were a slave under duress, of course). It had nothing to do with “professed” loyalty to the United States, but rather “never having been disloyal.”  

The oath was restrictive by design to ensure a significant number of Southern white males could not take it without perjuring themselves. Ord vacillated between allowing these men to commit perjury and having the registrar report them for subsequent prosecution or having the registrar determine whether they would or would not be registered on the spot (the registrars were all “loyal” citizens, of course). General of the Army, Ulysses S. Grant, resolved the issue by “suggesting” the registrar make the determination. And just for the record—a presidential pardon did not remove the encumbrance of having raised arms against the United States.  

Reality struck home in September of 1867 when registration was complete. Thirty-three of Mississippi’s sixty-one counties had Negro majorities, meaning 60,167 Negro voters had been registered against 46,636 whites. My brief research indicates that ten to twenty percent of the white male population was disfranchised due to their service to the Confederacy, but there’s a big difference between ten and twenty percent—like doubled, duh, but even if the high figure is taken and an additional 9328 voters added to the rolls, the Negro was still in the majority. The fact had to be faced that Congress would take Mississippi’s political affairs from her taxpayers and hand them to ex-slaves and Northern strangers who’d invaded the state and knew nothing of its values and history nor cared for its welfare—oh, but they would prove so adept at spending other people’s hard-earned and pathetically sparse money. 

While Ord busied himself with restoring order and registering the electorate that summer of 1867, Alcorn was busy devising a plan for survival in the face of this new reality. In Memphis he spoke to a group of mostly Old Whigs and the unaffiliated and emphasized the need for Southern political parties and their sharing the Negro vote. This he said would preclude a white party and a separate black party controlled by white Northerners. He envisioned his old Democratic nemesis vying for power with a new party made up of Douglas Democrats and Whigs—or what once were Whigs—but something other than Republicans. They would divide the Negro vote between them (probably much like they once vied for the votes of “lesser” whites in ante-bellum days). [You know, in a way that’s what happened in the first two decades after Reconstruction ended and we’d rid ourselves of the Yankee contagion: Democratic candidates courted the Negro vote across the South. Then right before the turn of the century they figured it was easier to exclude the black vote altogether.] 

On the eighth of August (before the count of registrants was completed), Alcorn published a pamphlet titled the Views of the Honorable J. L. Alcorn on the Political Situation of Mississippi. In it, he addressed the Negro majorities shown from the registrations in Tennessee, Alabama, and Louisiana and emphasized the situation was going to be the same in Mississippi. The electorate formed under the Reconstruction Acts would determine the governor, the legislature, and the courts, and this situation would be sustained by military force for who knew how long. The only way to fight it he said was by “using our brains.” He denigrated the wide-spread belief that the Negro would be influenced by his former master as “bullshit” (that’s my word, not Alcorn’s) and used the example of Governor Brownlow’s election in Tennessee to refute that delusion. The Negro majority, he warned, would fall under the influence of the Republican Radicals.  

In Views of the Honorable..., Alcorn pointed out Congress’ partisanship. Still stumping his hybrid Douglas Democrat-Whig Party, he argued that more moderate/non-Radical Republicans feared too close an association with those men who professed advancement of the colored race, that they feared Negro suffrage would adversely affect them with their constituents.  

I am toying with the thought that maybe Alcorn himself is a bit delusional here. Granted he was a lot closer to the problem than I am, but I’m not sure if northern Republicans were worried about Negro suffrage damaging them or if he was thinking they should be, because he had to be thinking the same thing in regards to his own stance on that subject. Yes, vocal demands in their own districts might hurt them, but it’s the summer of 1867 and the elections of 1866 are over—and the Northern electorate has told its bulldogs to sic ’em (that meaning the South) by packing Congress with anti-Johnson Radicals. Of course, Alcorn might have simply been trying to convince the people of Mississippi his plan (his new party) still had a chance, and he wanted the opportunity to try no matter how bleak its chances. 

He goes on to say that the Republicans could not afford two parties in the South and would welcome white support in politics, since to his way of thinking, the Radicals in the North were a loose cannon which would all too soon have to be bolted down (or pushed overboard). Personally, I think he was betting too much, too soon on moderate Republicans. He was, in fact, prescient—that is exactly what happened to the Republican Party in the South—it split between the Radicals and moderates (torn asunder by the weight of its own corruption is how I like to think of it). In the meantime he stated for all Mississippians to hear—and the majority didn’t like what they heard—that he was prepared to ask terms from the Radicals. 

Alcorn wasn’t the only Mississippian who was, at least, considering pragmatism over principle. Representation in Congress was a siren’s call, and other respected men such as A.G. Brown (Democratic governor and U.S. Senator who served in the Confederate Senate); Ethelbert Barksdale (Democratic leader and editor of the Jackson Clarion); Judges J.W. Watson (Confederate senator from Mississippi) and J.A.P. Campbell (Chief-Justice of Mississippi, member of the original Confederate Congress, and signer of the Confederate Constitution. He fought for the Confederacy and was severely wounded in battle, and after the war, he refused to take the oath of allegiance to the United States); Alcorn’s old Whig lawyer friends William Yerger and Wiley P. Harris; John J. McRae (ex-Democratic governor); and Fulton Anderson (Whig and member of the Confederate Congress)—an odd mix of Whigs and Democrats, secessionists and non-secessionists, those who openly served the Confederacy and those who did not—all supported getting control of the Negro vote before the Republicans did. So, this was not a bunch of scalawags looking to exploit the conditions for personal gain and power. They were weighing options to offset the evil permeating the North. Reading between the lines, and given the records of the handful of men cited above, they were no doubt buying time, believing that representation in Congress would give them the leverage to later right their world. But how do you right the world as they knew it by destroying federalism, which is what the Fourteenth Amendment ultimately did? Still, given all the illegalities and unconstitutional gymnastics Congress was forced to employ thanks to the intransigence of the Southern states in resisting ratification of the Fourteenth Amendment, believers in state rights today can hold out hope that a great statesman will reappear and wage a successful battle to nullify the damn thing—the legal grounds are there.  

To conclude this post, note that some of the men cited above became members of the state “reconstruction club” which supported quiet acquiescence to, not advocacy of, reconstruction. Like Alcorn, this “reconstruction club” also referenced securing “terms” from the Radicals. 

I’m sorry, but to “secure terms from” or “offer terms to” anyone—don’t you need to possess something the other party wants and be in a position to withhold it? The South had nothing to offer the Radicals they weren’t already taking for themselves, and there was no legal way to stop them—the Northern electorate had ensured that.  

Men such as those who made up the Radical Republicans during those dark days provide some modicum of consolation when one considers there might really be a hell, but I’d be content just to hear them excoriated as the traitors that they are.  

Things will get lots worse before they get better. Thanks for reading and more to come. 

Charlsie
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In addition to this post on Alcorn and the two sighted in my prologue above, see 17 February, 24 March, 16 April, 17 July, 24 July, 18 September, 9 October, 18 October, 5 November, 22 November, 15 December, 29 December 2014 and  13 January 2015 below, best read in sequence from oldest to most recent..

 

 

  

 

Monday, February 9, 2015

Congress and Judicial Review of the Reconstruction Acts in Mississippi

This short post is number fifteen in a historical review of Mississippi’s Whig/Reconstruction senator and governor J. L. Alcorn and my third overview of the enactment of the Reconstruction Acts in Mississippi (see my 13 and 24 January 2015 posts below). I will pick up with Alcorn proper and his actions within this federally-mandated setting (1866-1867) in my next post.
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The Southern states’ rejection of the unconstitutional Fourteenth Amendment in the summer of 1866, in tandem with the North’s validation of the Radical Republican agenda in Congressional elections that fall, provided the Radicals the leverage they needed to assume their coveted desire to dictate Reconstruction. The Southern civil governments which had been operating effectively for more than a year were swept away and martial law established across the South. Private law remained fundamentally unchanged, but the military commanders were vested to modify or supersede it at their discretion. But the main role of the district commanders—and this is oh so telling—was to maintain order, register a new electorate (which for the most part enfranchised the non-taxpayer and disfranchised the taxpayer), and direct the movement for the reestablishment of “republican” government. Make that “Republican” government and you’ve got the true picture. Mississippi and the other Southern states had had republican governments since statehood. They’d never been constitutionally challenged nor should they have been.  

Under martial law, the district military commanders had absolute authority over life, liberty, and property, except that death sentences had to be approved by the president. 

The Radicals now argued that with the Southern states’ attempt to withdraw from the Union and in waging war against the United States (read that “in defending itself against Northern aggression”) it had forfeited its status as states. This despite the fact they’d nullified their ordinances of secession a year earlier. James Garner in his 1901 Reconstruction in Mississippi stated the Boutwell committee (creator of the Reconstruction Acts, see my 24 January post below) might have hit closer to the mark by claiming the Southern states had forfeited their right to be viewed as states if there was anything in the Constitution about a class of states not being equal to the original states. And what pray tell would give Congress the right to define such status? So after one post-war year operating as states, Congress decided the Southern states were not states—and used as its primary arbiter the fact that Congress had yet to guarantee the states that “Republican” form of government.  

Now, the only recourse the South had was through the courts. The state of Mississippi applied to the Supreme Court for an injunction against President Johnson and the district commander arguing that the state had nullified the articles of secession approved by a portion of the population; that the state had always been a member of the Federal Union (wasn’t that the administration’s argument all the time?) and there was nothing in the Constitution that gave Congress the authority to expel a state from the Union.  

I feel compelled to share this with my readers: Upon learning of the above cited injunction put forth by Judge Sharkey and Robert J. Walker, The Jackson Clarion expressed its offense thusly calling the argument “...a plea of not guilty to an act which is unjustly alleged to be a crime, and which all the world knows the state did deliberately commit....” I can just see Judge Sharkey pulling his hair out by this time, but The Clarion’s concern primarily seemed to be for Jefferson Davis who was still in prison for the “crime” of treason.  

In the injunction, Sharkey and Walker further maintained that President Johnson was being coerced to institute martial law by Congress and the decision belonged in the court not with the executive. The Supreme Court refused to file the bill on the grounds that for reasons of expediency and policy, the president should not be interfered with by the courts in performance of his duties. No opinion was expressed as to the constitutionality of the Reconstruction Acts. 

Now the South decided to shoot a little lower on the totem pole. Mississippi filed an injunction in conjunction with a joint bill (Georgia vs Stanton), against the Secretary of War (Stanton), the General of the Army (Grant), and in Mississippi’s case, the Commander of the Fourth District (General Ord). In this case the Supreme Court said it held no jurisdiction over the subject matter in the bill and deemed it unimportant to examine the question as it respected jurisdiction over the parties defendant. The matter was deemed political vice dealing with persons or property. I beg your pardon? Political? This was a “political” issue? Yeah, it was a political issue all right, on the part of Congress and the Supreme Court, but not for the South. Like I’ve said in my earlier posts, tyranny reigned. So, this whole matter—the question really being the constitutionality of the actions taken by Congress as a result of the Reconstruction Acts—was not reviewed by the Supreme Court of the United States. 

But soon after, the district commander arrested one William McCardle, a Vicksburg newspaper publisher, for circulating “incendiary” articles regarding Reconstruction. After the Circuit Court of the Southern District of Mississippi sent him back into custody under the Reconstruction Acts, he invoked habeas corpus, and it looked like the Supreme Court was actually gonna have to look at it. It would have been a great win for the Radicals, but truth is, they were afraid the Court’s looking at McCardle’s case would undo the Reconstruction Acts in their entirety, so they withdrew McCardle’s case from appellate review, exercising the powers granted to Congress under Article III Section 2 of the Constitution. Needless to say, the South challenged the move which had appeared so promising in forcing the Supreme Court to actually look at the Reconstruction Acts, which anyone with half a brain knew to be unconstitutional. The Chief Justice of the Supreme Court upheld Congress’ right to pull the case under the “exceptions clause”. Here it is y’all, the exceptions clause: 

“In all other cases before mentioned the Supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. 

So Congress made the “exception”. You all realize that Salmon P. Chase, Lincoln’s erstwhile, rabid abolitionist and egomaniacal Secretary of the Treasury was the Chief Justice of the Supreme Court when all these nonsensical rulings in favor of Radical tyranny were being made, don’t you? Anyone other than me wonder who directed Congress how to get out of the mess it had gotten itself into with McCardle—and got himself off the hook? 

The way was now clear for the coup de grace—passage of the Fourteenth Amendment.
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For earlier posts on Alcorn, best read in sequence from oldest to most recent, see 17 February, 24 March, 16 April, 17 July, 24 July, 18 September, 9 October, 18 October, 5 November, 22 November, 15 December, and 29 December 2014.

Saturday, January 24, 2015

Congress Lays the Groundwork for the Reconstruction Acts

This post is number fourteen in a historical review of Mississippi’s J. L. Alcorn, Union Whig/Republican governor and senator during Reconstruction. For earlier posts on Alcorn, best read in sequence from oldest to most recent, see 17 February, 24 March, 16 April, 17 July, 24 July, 18 September, 9 October, 18 October, 5 November, 22 November, 15 December, 29 December 2014 and  13 January 2015 below.
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This post continues to detail the measures the Republican Congress took, starting in 1866, to mold the recalcitrant Southern states into ones supportive of an agenda that was upside down and backwards to everything their taxpayers believed in—state rights and free market. The course was in violation of the Constitution, for the transformation of our Founders’ Federal Republic into that of a democratic republic was absolutely imperative for the triumph of The American System. Not only were the changes proposed to the Constitution unconstitutional, so ultimately was the legislative process by which the egregious Fourteenth Amendment was “declared” part of the Constitution. Being a life-long Whig, Alcorn accepted this perversion of the Founders Republic as the result of military defeat not that of treason enacted by a military supported congressional coup. The result of said defeat would be more palatable to this Southerner if the victors had acknowledged it for what it was, but even today—or even more so today—one has to listen to the glorification of the poetic lines of the Gettysburg address  

...that we here highly resolve that these dead shall not have died in vain—that this nation, under God, shall have a new birth of freedom—and that government of the people, by the people, for the people shall not perish from the earth. 

as gospel, knowing full well that they did die in vain, at least when it came to that part about government of the people, by the people, for the people. Indeed, the glorified dead Lincoln honored played the most significant role in enabling its demise. Lincoln’s words were more appropriate for the other side. 

Let me now jump off my soapbox and return to the fall of 1866 following the South’s rejection of the Fourteenth Amendment and look at some of the measures Congress took to “correct” Southern obstinacy. 

Before approving the civil governments set up by the rebellious states, President Johnson asked for the input of three individuals who crisscrossed the entire South to ascertain conditions within the occupied states and recommend to him whether the war-torn states were ready to govern themselves. 

General U. S. Grant advised that the people were ready to return to loyalty within the Union and get on with restructuring their daily lives. He advised that white troops needed to be moved into the area since the black troops there encouraged vagrancy by advising the freedman not to go back to the plantation to find work. He further stated that if the North truly desired reconciliation, the Southerner should not be humiliated. 

German-born Brigadier General Carl Schurz reported that the Southern people had reorganized their governments and were yielding to the laws and the Constitution. [The South never...oh, never mind.] They were repairing the devastation from the war, and they were trying to move on with their lives. There was some disorder, but this disappeared with the spread of civil law. 

Mr. Charles Truman, a civilian, presented the most positive picture stating he believed the disbanded Confederate regiments would prove the South’s primary base for recovery and reconstruction. I’m not sure if I should read between the lines here and assume Mr. Truman is implying the South should just write the freedman off, or what. He did say that the freedman was well treated—and I’d maintain that on the whole he not only was, but always had been. Mr. Truman also stated that, contrary to reports, Northerners were not being abused. 

So there was not much ground in President Johnson’s committee report for overturning those civil governments that had been operating effectively for a year or more. But from that point on, Congress no longer needed grounds to interfere in the workings of a state, but it did feel compelled to legitimize its destruction of federalism in the United States. Legitimization lay in the Fourteenth Amendment.  

The South had already provided the likes of Massachusetts representative George S. Boutwell with the Black Code—a vagrancy law intended to gain some kind of control over a vagrant population in excess of 100,000 men, women, and children (see my 29 December post). The Black Code looked too much like the old slave code to satisfy the abolitionists. Actually, I think Mississippi probably copied that Black Code from Illinois, or another of several Northern state codes. [Okay, perhaps I’m being unfair. Those Northern states had probably based their Black Codes on the old slave codes, too, so the source is all the same, and in defense of those Northern states they did repeal theirs when forced to by ratification of the Thirteenth Amendment. Still again, the South had a legitimate vagrancy problem, the North’s double standard resulted from a determination it never would.]  

But back to Congress. To get the Fourteenth Amendment passed, it didn’t need Illinois, Indiana, or Michigan per se. It had all it needed right there in the South. All it had to do was replace the recalcitrant legislatures with more amenable ones—much easier there than in the victorious North. That would be accomplished by the Reconstruction Acts spearheaded by the Honorable Mr. Boutwell. Actually, he spearheaded more that that, but that’s for later posts. 

Criticizing the reports provided by President Johnson’s commissioners [He found particular fault with the findings of General Grant—the same man who would shortly make Boutwell his Secretary of the Treasury.], Boutwell set up a national inquest under authority of investigating violations of the Thirteenth Amendment. Boutwell did not give any reasons for rejecting the President’s report, except that he didn’t like it. 

The Congressional committee was composed of five men, only one of whom was a democrat. Boutwell summoned the witnesses he wanted to Washington. No member of the committee visited Mississippi and no member of the Southern party (that would be Democratic, I assume—but not necessarily a Southern democrat) was allowed to cross examine the chosen witnesses. Additionally, no democrats were questioned, and only two citizens of Mississippi were interviewed, ex-provisional governor Sharkey and Judge R. A. Hill from Tishomingo County, a respected jurist and pre-war Whig much on the order of governor Sharkey. Other witnesses included three major generals of the United States army, one brigadier, one captain of colored troops, one Treasury agent, one revenue agent, and one representative of a New England cotton manufacturing company, a Mr. Warren Kelsey. 

The committee stated to the “interviewees” that it was looking for signs of returning loyalty on the part of the people of Mississippi—after all, their rejection of the unconstitutional Fourteenth Amendment certainly was not indicative of what the Radicals, waiting to welcome the South back with open arms, had been expecting. [And please tell me what loyalty had to do with violations of the Thirteenth Amendment?] General Edward Hatch told the committee that except for the northeast part of the state [For all y’all who do not know, that’s where Tishomingo County is.], there was little loyalty to be found and few manifestations of good feeling toward the government. General B.H. Grierson, famous for his raid through Mississippi during the Vicksburg campaign, thought there was an organization in the South planning to renew the rebellion. He based this on the formation of historical societies designed to consolidate everything that could be found documenting the rise and fall of the Confederacy and the service of its soldiers. Grierson's and the committee’s real fault with such societies was that the recording (and remembering) of Yankee depredations in the state was not conducive to “loyalty.” Another of these individuals expressed the belief that “Mississippi was the least loyal of any state in the South.” [Are we to assume he’d visited all the states and was, therefore, qualified to discuss them all?]  

J. H. Matthews and Warren Kelsey stated the freedman was worse off than in the days of slavery. No kidding, Sherlock, and who, given that the South was occupied by the United States army, the vast majority of whom were black, and the freedman refused to find work despite the effort being supervised by the “benevolent” Federal Freedman’s Bureau, was to blame for that? This group also said that Northern men were not well received in the South and surmised if not for the presence of Federal troops they could possibly meet with violence. Well, I could surmise that might be deservedly true, but there’s not much a legislature can do to force a ravaged people to like self-righteous, plunder-seeking interlopers who should have kept their butts at home, nor is that reasonable dislike a violation of the Thirteenth Amendment. 

General Fisk expressed “shock” that the only regrets he’d heard the defeated Confederates confess was that they had, indeed, been defeated, and A. P. Dillingham reported speaking to a rebel general who preferred Jeff Davis to Lincoln. Now that’s  pretty strong dislike of Lincoln, because Davis wasn’t popular at the time—yes, I’m poking fun, but Davis really wasn’t popular at the time, but he hadn’t made a mockery of our Founders’ Constitution to destroy anyone—remember, he just wanted to be left alone.  

The people of the state of Mississippi, who these individuals maligned, had taken the oath to uphold the Constitution which they had, in truth, never violated. That was the real problem—by their rejection of the Fourteenth Amendment, they continued to uphold the Constitution, which the Radicals wished put asunder. But that wasn’t enough. On top of that, they were expected to spit on their flag and the graves of their sons, fathers, and their innocents, dead as a direct result of unwarranted aggression. This was shown in the disdain that Boutwell’s committee displayed for Mississippi’s voters electing Confederate General Humphreys to the governorship. A man who had fought a hateful enemy as opposed to one who had turned his head as the enemy ravaged the state. 

Boutwell’s committee reported that the states lately in secession were in a state of anarchy without government or constitution. In fact, they had both. Even when the Army of Northern Virginia surrendered more than a year earlier, they had a civil government. On top of that, both the new civil governments and their validating constitutions had been blessed by President Johnson just that past December.  

The committee further reported that Congress could not recognize as valid the elections which took place under those conditions. Funny they were recognized well enough when that hot bed of tyranny forwarded the Thirteenth and Fourteenth Amendments to them for ratification. [In both cases, passage by the Senate was in clear violation of Article V of the Constitution.] Bet there wouldn’t have been a peep made had the states done what Congress “directed.” 

And lastly, Congress couldn’t recognize the representatives of communities without said communities providing constitutional guarantees of the civil rights of all citizens of the Republic. Really? There was no legislation then in existence defining what a citizen was. The black man was free, but he wasn’t a citizen in the South and most other places. And, in my opinion that is not a determination Congress should ever constitutionally be allowed to make. That right belongs with the states, but even though today Congress has been allowed to get away with that usurpation via the Fourteenth Amendment, the Fourteenth Amendment had not been ratified in the summer of 1866, nor could Mississippi and the rest of the South be held punitively liable for it had they passed it that summer in conflict with the new constitutions they’d passed in the fall of 1865—it would have been an ex post facto law—another unconstitutional fact shadowing Boutwell’s “kangaroo” proceedings. 

There was, according to the committee, no protection from claims founded in the rebellion (the Confederate debts had been repudiated) nor had those who’d participated in the rebellion been excluded from positions of public trust—another article in the Fourteenth Amendment, which the Southern legislatures had not ratified and would have been an ex post facto requirement even if they had. 

I will break this post here before delving into the Southern states’ attempts to force a judicial review of what Boutwell’s committee would shortly thereafter instigate as the Reconstruction Acts. This post is getting too long, and I don’t want to lose you. Suffice it to say that Boutwell’s report was accepted by Congress as “an absolutely truthful picture of the Southern states” at the time and proved the basis for Congressional Reconstruction.  

Thanks once again for reading,

Charlsie

Tuesday, January 13, 2015

James Lusk Alcorn and the Dark Dawn of Congressional Reconstruction

This post is number thirteen in a historical review of Mississippi’s J. L. Alcorn, Union Whig/Republican governor and senator during Reconstruction. For earlier posts on Alcorn, best read in sequence from oldest to most recent, see 17 February, 24 March, 16 April, 17 July, 24 July, 18 September, 9 October, 18 October, 5 November, 22 November, 15 December, and 29 December 2014.
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When last we saw Senator Alcorn in December 1865, both he and Senator-elect Sharkey had been denied their seats in Congress as had their fellow representatives in the House. This was true for all the Southern states whose tax-paying electorate had elected representatives to Congress during Presidential Reconstruction. All these civil governments had been approved by President Johnson and tacitly approved by Congress, which had seen fit to forward the Thirteenth Amendment to them for ratification. Aware of the looming contest between the executive and the Congress, the denial of his seat had not surprised Alcorn, and I would wager not one other such representative among the defeated Southern states.  

Alcorn remained in Washington through the rest of December 1865, observing the executive-legislative conflict and the emergence of the Radicals. He did manage to get a post office for Friar’s Point, site of his new plantation home. Additionally, he worked on some claims for his Coahoma County clients and made an indeterminate effort to free Jefferson Davis’ private secretary from prison. On that, one of Mississippi’s brightest stars, L.Q.C. Lamar, is on record for remarking that Alcorn’s energy might prove more effective than Sharkey’s influence. (I was unable to find out what happened with the secretary.) 

Alcorn returned to Mississippi in early 1866 having gathered a clearer understanding of what the South was up against and, probably, weighing his options for righting his world. For whatever its worth, it’s my opinion that Whigs, and the Republicans they excreted, considered the Constitution a hindrance to their program of protectionism (high tariffs), taxation for internal improvements (perversion of the general welfare clause), and mercantilism (at this place and time, classic crony capitalism). All require a strong central government. Anticipating such schemes, the Founders gave us a Constitution defining a central government with supreme, but limited powers, delegated by autonomous states. Our Founders wrote the Constitution specifically to thwart the designs of men like Henry Clay and his protégé, Abraham Lincoln. The rights of the states, the little “fiefdoms” that theoretically held the Federal government in check, stood in the way of the Whig/Republican economic agenda known to history as The American System.  

The Republican-dominated 39th Congress of the United States (March 4, 1865-March 4, 1867) was, at the time Alcorn returned home, putting its plan in play to subordinate the states to the Federal government. Ratification of the Thirteenth Amendment increased representation across the South since the Negro was no longer apportioned as 3/5ths of a man, but as a whole man, and the Republicans needed to get that potential Negro constituency under their control and at the same time nullify the Southern white taxpayer’s vote. Congress was already working on the problem before the soon-to-be-not-seated Southern senators and representatives arrived to assume their rightful place in Congress. Key to Congress’ effort was a bill that would become the 14th Amendment to the United States Constitution. Had those Southern senators and representatives been seated, that bill would have never made it out of Congress. That’s why they weren’t seated. 

For the past century and a half, this desecration to the Constitution has been used and abused by the Federal government to alter our Founder’s Republic beyond functional recognition. Its most odious feature is that it gives the Federal government supremacy over the states. During Reconstruction, it was critical to the victory of Clay and Lincoln’s American System. To give it its just due would require a separate post (or several), but for my purpose here, the Fourteenth Amendment was unconstitutional in concept and criminal in its passage and is anathema to the Republic our Founders created. The South knew it and abhorred it. The Northern mercantilists/Republicans knew it and approved it.

After much debate and rehashing, Congress passed the proposed Fourteenth Amendment in the summer of 1866 and sent it to the state legislatures for ratification, including (especially) those in the South. This action on the part of Congress makes a point that will come up again in my next post—just remember, Congress sent it to the duly-elected Southern state legislatures for ratification, irrefutable proof of Congress’ recognition of those legislatures.
 
Like the Thirteenth Amendment, the Fourteenth was sent for ratification to states that had not been represented at the time of its passage in Congress. Second, it ceded to Congress rights belonging to the states. Sorry, folks, civil rights, citizenship, disfranchise...these are not rights or powers the Founders would have ever left in the hands of the Congress. Nothing, nothing in the thing fell inside Congress’ bailiwick. Until Congress usurped these powers with the Fourteenth Amendment, such responsibilities were reserved for autonomous states. Not only would giving Congress the responsibility for such matters require an expansive increase in bureaucracy to carry them out, the very thought of giving Congress the power to dictate requirements to the states and their people was patently unconstitutional. Once upon a time—and this was still true in 1866—senators represented states. The House supposedly still represents the people of those states. At the time Congress passed the Fourteenth Amendment, eleven states were not even represented in Congress. What you have here, in 1866, is one section of the nation dictating to another section of the nation. Granted, the North had already violated the Constitution with its war of aggression—but everything it did/everything Congress did/everything the president did was illegal, accomplished through military arms, not through the law of the land. Ratification of the Fourteenth Amendment codified such actions as legal for time immemorial. The thing should not have made it out of Congress.   

In Mississippi, Governor Humphreys sent the amendment to his legislature recommending it be rejected. The legislature agreed with his recommendation as did the legislatures in all the other states that supported the “rebellion.” Southerners weren’t the only states that had problems with the thing, but the history of the Fourteenth Amendment is too lengthy to address here. Let’s just say that during the summer of 1866, ratification failed. 

In October of that year, Alcorn attended circuit court in Bolivar County. There, his colleagues, including his Whig friends J. S. Yerger and James Chalmers, asked his opinion of Andrew Johnson’s chances against the Radicals in Congress and inquired his opinion as to whether he (Alcorn) would ever take his senate seat. [Side note here: It’s interesting that Alcorn is considered the font of all knowledge amongst these old Whig lawyers—and it is in keeping with Lamar’s observation regarding Alcorn’s “vigor” in making headway in getting Davis’ secretary released. My take is that Alcorn knew some folks back in Washington; he had contacts.] Anyway, he told his associates the state legislature made a mistake in not ratifying the Fourteenth Amendment and warned it would be forced on the South anyway. It was a natural outcome of emancipation and Federal victory. He did agree in principle that the thing should have been rejected. 

It says much about the character of a Whig/Republican that such an individual would so easily accept an amendment that he knew was unconstitutional, one that would flip-flop the state-federal dynamic. In fact, it was worse than a flip-flop. The Federal government always held sway in the limited matters granted it by the states. With the Fourteenth Amendment, time would prove that any authority nominally remaining with the states could, on a whim, be usurped by the Federal government.  

Of course, Alcorn was right about Congress’ forcing the Fourteenth Amendment on the South. After all, there had to be something wrong with those Southern legislatures to reject the measure. Certainly, theirs was not the response of a people ready to return to a glorious Union promising liberty and justice for all. They knew, of course, there wasn’t one thing wrong with those Southern legislatures, except that they knew the Constitution better than the Northern ones. Anyone (and these men were all lawyers) looking at the Fourteenth Amendment could clearly see that the inevitable result of the measure would be Federal tyranny, not liberty and justice for all.  

Just as the problem lay with those state governments, so did the solution. What Congress did next is so sloppy, goon-like, and tyrannical in both appearance and execution, it boggles my mind that anyone even remotely aware of what happened during Reconstruction cannot see it for what it was, an egregious violation of everything our Founders fought for. But then I have to accept that there are people who truly believe a strong central government is the way to go, and there is a smaller, but increasing, species of such beings that believes the government’s confiscating the taxpayers’ money to support healthcare, economic control, environmental control, crony capitalism, egalitarianism, never-ending war, etc., etc, is actually a good thing.  

What disturbs me most about Alcorn at this juncture is his ready acceptance of the South’s and, by association, the nation’s fate. Just a shrug of the shoulder, as if there were no consequences related to the Federal usurpation of state rights in the Fourteenth Amendment. His attitude seemed to be: Pass it, get back in the Union, get those damn Yankees out of here, and get this mess cleaned up. I do think he was considering the possibilities inherent in Mississippi’s return to the Union. Given the Confederacy’s loss and the emasculation of the Democratic Party across the South, perhaps he might, after decades, have seen a twinkle of light at the end of that long dark tunnel leading to his Whig platform in Mississippi. He might have even thought he’d be able to take his Senate seat and manage to divert some of those Federal subsidies to Mississippi in order to rebuild. So what if state rights had been blown asunder? He’d make the best of it. All he had to do was stumble along that dark corridor, dragging Mississippi behind him, avoiding the clubs of the Radical gauntlet, till he brought the state into the light of a new day—where there would be no obstructing democrats. 

All right, I know that “light of a new day” sounds corny, and even if Alcorn did contemplate the possibility of such potential within the money-crazed/power-hungry Republican Party, I think he was astute enough to realize it might never come about. Fundamentally at odds with the proponents of Henry Clay’s mercantilist economy, the South had been a stonewall standing in the way of the Whig/Republican platform. The South’s role as the tax-milk cow for the Federal government would not change now, and with the threat of free-market Confederate ports eliminated, Northern/Republican interests could relax and enjoy the South as a source of exploitation and plunder. The South was where they wanted her to be, and they had no intention of improving her lot.  

Here I will leave you anticipating what Congress would do about the Fourteenth Amendment and those unpatriotic Southern legislatures and their people, too stupid to appreciate how the wonderful Union and her magnanimous soldiers had saved them from sovereignty and the false promise of their misguided Founder’s nation. Many of you already know, but I’ve uncovered some details that succinctly highlight the despotic joke that called itself the 39th Congress of the United States. Look for my next post in a week to ten days and thanks for reading. 

Charlsie Russell

Monday, December 29, 2014

James Lusk Alcorn, Eliminating the Delusions for Mississippi’s Reentry into the Union, Part Two

This post is number twelve in a historical review of Mississippi’s J. L. Alcorn, Union Whig/Republican governor and senator during Reconstruction, and is a continuation of my 15 December post immediately below. It is best read in conjunction with the latter. _____________________________________________

When we last saw James Alcorn, he had been elected by the 1865 state legislature to serve in the United States Senate for the long-term session along with his old Whig colleague, William Sharkey, the former provisional governor, chosen for the short term. Prior to Alcorn’s and Sharkey’s departure for Washington in December, the legislature requested they address the state house. Recall that Alcorn had returned from Washington in September with President Johnson’s guidelines for the state’s reentry to the Union. These points included the abolition of slavery/passage of the Thirteenth amendment, extending the franchise to Negro property owners who met a literacy standard, Negro access to the jury box, and repudiation of the Confederate debt.  

During their address, the newly elected Senators, doubting they’d actually be seated in Congress, emphasized the requirement to allow the freedman to bear witness and sit in the jury box. The legislature subsequently voted to extend these rights to the Negro in those cases which involved a Negro or mulatto. Guess it figured that should be enough to protect the Negro in a court of law and satisfy the powers that be in Washington (theoretically it didn’t help an innocent white accused of a crime or white victims when the only witness was a Negro, either). Though people today guffaw the inadequacy of the tactic, it was a major concession on the part of that legislature and certainly would have been considered, in their eyes, a compromise—ignoring the fact they were in no position to “offer” compromises.  

I can’t find a reference made to the legislature’s addressing the extension of the franchise to the freedman. The subject had come up in the July 1865 convention, but was summarily dismissed. Remember that the Negro was not considered a citizen of the United States in most of the Union (and that includes parts of the North), and my guess is that the distasteful topic was set aside as a non-issue. However, this was one of President Johnson’s points to Alcorn. Educated Negro property owners/taxpayers did exist and had for decades before the war. Some had been slave owners themselves. Alcorn had no problem with the requirement and wrote to his wife Amelia that as a politician he routinely solicited the votes of the basest of their own race. What would be the problem in dealing similarly with the Negro? Civil and political equality in no way represented social equality. People of his and Amelia’s class didn’t socialize with poor whites—or whites not of their “class”—and they wouldn’t need to socialize with the Negro either.  

The legislators rejected the Thirteenth Amendment. Read that again. They did not reject the abolition of slavery, they rejected the Thirteenth Amendment. Drag out your pocket version of the Constitution and read Section 2 of the Thirteenth Amendment. Mississippi had already declared slavery abolished. Section 2 of that amendment granted to Congress a right to dictate to the states, a right Congress did not have, and Mississippi did not wish to cede. According to the interpretation of the Constitution laid down by our Founders, Congress’ powers are limited and granted by the states—all other powers are retained by the states (Tenth Amendment). I know I’m spitting into the wind. Why would such a Congress, as existed in the fall of 1865, concern itself with state rights after what it had just done? But people actually knew and still believed in the integrity of the Constitution in those days—at least in the South, and it was this persistent resistance to Congress’ violations of the Constitution which guided Mississippi’s and the rest of the South’s actions during this period. Of course, I’ve long argued that this usurpation of state rights by the national government was the long-term goal of those making up the central government and was, in fact, the basis for the war itself.  

Debatable musings aside, there is a point worth making here. Not only was the executive order (Emancipation Proclamation) that gave birth to the Thirteenth Amendment unconstitutional, so was the amendment itself, and that is the reason Mississippi gave for its rejection of the Thirteenth Amendment in the fall of 1865. She was right to do so. For that same reason, though it doesn’t matter anymore, not in regards to slavery nor state rights—because both are either dead or prevail at the whim of the Federal government—Mississippi should not have ratified the thing in February 2013. It was a simple matter of political correctness over principle. The body that should have passed it was one of the puppet Reconstruction legislatures that came with Congressional Reconstruction between 1868-1875. 

Granted, I have no idea what that 1865 legislature would have done had Section 2 been stricken, but given Section 2, the Thirteenth Amendment should have never made it out of Congress—not a Congress sworn to uphold the Constitution and by default, the Republic, and certainly not a Senate, whose members should have been looking out for the states they served. Passage of the Thirteenth Amendment, with section 2 appended, is a clear condemnation of the Northern and Western state legislatures that sent those senators to Washington and to the voters who elected said state legislatures. Southern legislatures certainly played no role--they weren't even represented—good thing for the tyrants, too, because it would have never gotten out of Congress. Which, of course, is why it was handled the way it was. Yet they were forced to ratify the thing in order to return to the Union, where they hoped to reestalish order to their lives (another delusion). This extortion was unconstitutional, by the way, but what’s another mark on Congress’ already black record?
 
Lastly, Mississippi’s legislature passed the “infamous” Black Code, which modified portions of the old slave code into a series of vagrancy laws comparable in harshness to those then existing in Wisconsin, New York, Maine, Massachusetts, Indiana, and Connecticut, but in Mississippi the legislation focused on the Negro vagrant and whites cohabitating with him. I add that given the hundred thousand plus freedmen without domicile or employment, the vagrancy problem in Mississippi in 1865 was exponentially worse than in any of those states—perhaps all of them combined.

As of November 1865 the war had been over seven months, Mississippi’s infrastructure was devastated, her economy in shambles and her labor force disbursed, endangered, and undermined by the presence of undisciplined Negro troops, mostly ex-slaves, who discouraged the freedmen from returning to their former plantations or even securing new work contracts with different employers. A spring, summer, and fall had passed with no significant effort to get the agrarian economy moving, and the entire South was moving toward its third hungry year. The strain of caring for what had become an indigent, lawless class of vagrant freedmen was beginning to tell on even the Federal government, which kept them fed. One should remember that in the fall of 1865 the Negro was free, but he was no more a United States citizen in the South (and most other states and territories) than the Indian and/or Chinese coolies making their way onto the west coast. 

I’d like to rehash the “infamous” code (not to be confused with the Jim Crow segregation laws, which came later):  

(1) It regulated the relation of master and apprentice as related to freedmen, free Negroes, and mulattoes, making it the duty of civil officers to report to their respective county probate court all Negroes under eighteen years of age who were orphans or were without means of support. Their former owners (if considered competent in the eyes of the court) were given preference for what was indenture, males up to twenty-one years of age and females to eighteen years. Masters were empowered to apply moderate chastisement for misbehavior and judicial remedy was available in the case of abuse and in cases of runaway apprentices and those judged to perpetrate such incidents. The masters provided food, clothing, medical care, and teaching the child to read and write. This act was in no way deviant from the treatment of orphans in the North, nor historically, in the North or South. [Nor, I concede, is it different from slavery, but then one would have to conclude, as Southerners always have, that slavery was a benign institution. Certainly it’s better than a bunch of unsupervised youngsters roaming the countryside, and that’s how things stood in the fall of 1865. You think folks in the North would have put up with it?]

(2) The laws against vagrancy, whereby Negroes, mulattoes, and whites over eighteen in the state as of the second Monday of 1866 without employment or business could be fined a maximum fine of $50.00 and ten days in jail (whites were fined $200.00 and up to six months in jail). The reference to whites relates to primarily males living in adultery/fornicating with Negro women and those participating in unlawful assembly/disturbing the peace with Negroes. The jurisdiction for such vagrancy violations was conferred upon justices of the peace, aldermen, and mayors to try offenders without a jury. [Where, pray tell, would authorities have jailed so many prisoners, much less tried them in court?] If a Negro offender could not pay the fine upon conviction, he or she could be hired out by the sheriff for the amount of the fine or treated as a pauper. Paupers were supported by a “freedman’s pauper fund”, supported by a poll-tax levied by each county’s Board of Police (County Board of Supervisors) not exceeding one dollar on each Negro aged eighteen to sixty. The money was used exclusively for the colored poor and failure to pay the poll-tax was deemed evidence of vagrancy. [And yes, I can hear you out there thinking—wasn’t a dollar a lot of money back then? It was, and no doubt these folks didn’t have it to pay—but they were refusing to work, too. The legislators were painfully aware of this. They were not dealing with an unknown entity. I have no doubt, nor am I ashamed to admit, this legislation was purposefully designed to get these people off the streets and countryside and back to work, either on the old plantation or a new one. These folks had had more than enough time to secure work, under the watchful eye of the Freedman’s Bureau, in a place teeming with a need for laborers. And I’m sorry, folks, but except in rare instances requiring learned skills such as smithing or carpentry, farming was all there was.]
 
(3) Though the Negro could now sue (and be sued), plead in court, own and dispose of property, marry in the same manner as whites (issue resulting from cohabitation before the war was hereby deemed legitimate), he was expressly  prohibited from renting or leasing land outside incorporated cities and towns. He could own land and farm, but he couldn’t rent? This dumbfounded reasonable folks (yes, even the white ones) way back then, especially since city life resulted in an idle Negro, drinking, gambling...riotous get-togethers (one of the major complaints against the huge vagrant community). And that was the problem—the sheer number of vagrant Negroes. The distasteful habits of a pack of white vagrants were no different, there were just significantly fewer such. Besides, the sheriff could shoot a bunch of the latter and the U.S. Army and the Freedman’s Bureau wouldn’t care—and yes, I’m being facetious.
 
(4) Marriages between blacks and whites were prohibited and punishable by life imprisonment. I’d love to know how many people served life terms for that. Wouldn’t it have been simpler just to not recognize the union? Yeah, bet our ancestors concluded likewise—they had to have been thinking they solved the problem with the threat. And just for the record—the South’s not the only place that law existed.
 
(5) If doing odd jobs, the Negro required a license from the mayor to work in town or the Board of Police to work in the country. The license could be revoked for cause at any time and all work contracted for more than a month was to be agreed to in writing—in duplicate and read to the freedman before two disinterested white witnesses, so there was no confusion as to what was expected of either party. [Failure of the freedman to complete his contract had become a real problem for the individual hiring him.] The freedman could be arrested for not completing his obligations, then required to work it off—along with the cost of arresting him/her. Fines were also enacted against individuals encouraging the freedman to break his contract. Note that it was the Freedman’s Bureau, not the former slave master, who insisted on contracts for Negro workers. This was a misguided effort to protect the worker, but the Negro considered contracts an effort to tie him to individuals/plantations and resisted agreeing to them. Again, labor was refusing to “work” and lord knows there was a lot of work to do. 

(6) Other prohibitions enacted included the right to carry firearms and knives, rioting/disturbing the peace, using insulting language or gestures, and impersonating a minister. I do believe some of the above derived from the old slave code, but given that last prohibition, I don’t think the legislature came up with all these sanctions willy-nilly. They came up with them because they were a problem. The main complaint against their enactment would be that they were aimed at the Negro only. I mean really, we don’t want white men impersonating ministers do we? But I would also be willing to bet that law already existed somewhere else—as would have been one against inciting a riot.

This legislation created some degree of consternation among the more pragmatic in Mississippi and a firestorm of opposition in the North where newspapers reprinted it in detail and claimed its enactment would mean a return to slavery. The point is the legislation was imprudently directed against the overt problem—Negro vagrancy—and being judged by an ignorant and prejudiced people who neither understood nor cared to understand the mess they had made of the South or how the South should be expected to deal with it. If I might quote the Chicago Tribune, 1 December 1865:  “We tell the white men of Mississipi that the men of the North will convert the state of Mississippi into a frog pond before they will allow any such laws to disgrace one foot of soil in which the bones of our soldiers sleep and over which the flag of freedom waves.”

A bit arrogant in my opinion. The Chicago Tribune and papers like it had already been responsible for the self-serving sacrifice of hundreds of thousands of Yankee lives to fullfill their self-righteous cause—want to take any bets as to how many of those soldiers would tell you he was fighting to free the slaves? No, odds are he’d tell you he died to preserve the “Union” and for better or worse the Union had been preserved. Now the Tribune is obligating more? “Our big mouth, your blood” so to speak. The Chicago Tribune was an anti-slavery/abolitionist newspaper, Lincoln’'s “voice” in the west and instrumental in winning him the Republican nomination and the presidency. So, think about the source when being told about the “firestorm of opposition” to your trying to simply make your home liveable after said opposition has burned it down.
 
Arguably, the actions of the 1865 legislature undermined Presidential Reconstruction. Certainly it might have pushed some conservative Republicans into the Radical camp, but I’d say those were already on the brink. The issue of slavery and justice for the Negro was not the higher purpose here and not what those men should have been guarding against. Nor would they have had to jump into the Radical camp to ensure said justice. Afterall, there was never any secret, nor should there have been surprises, as to where the South stood in any of this. Did they really think that the South now believed God had been on the North’s side in all this, and it had finally seen the light? No, the South’s actions simply made it easier for the snake to shed his last shred of old skin and excuse the coming onslaught to Reconstruct the South into what he wanted it to be.

But the battleground indeed was in Washington between President Johnson and the Radicals in Congress (and not to be ignored, the shadowy, self-aggrandizing economic interests that fueled them). In my opinion, the Radicals were pathetic excuses for Americans who, spurred by a variety of interests ranging from idealism to economic expediency, spurned the restrains placed on them (and their handlers) by the Constitution. They would stop at nothing short of full control of Reconstruction. Once Reconstruction was in their hands, they had the South on which they imposed radical legislatures and representatives. These in turn provided the means to permanently alter the Constitution and, therefore, the Republic. In my opinion, there was nothing, short of full capitulation to tyranny, the South could have done during Presidential Reconstruction that would have met with Radical favor. The “Union”, stability in the South, prosperity for all, or even advancement of the Negro race was not their goal. Every attempt to bring order back to the South was blasphemed as an attempt to reinstitute slavery. At that point in history, the Old South, devastated as it was, still blocked their way—because their way required major alterations to the Constitution, and with the path blocked, the bloody war of attrition against the South was for naught. Today, yesteryears’ veiled offensive by the self-righteous to eliminate all threats to their goal of a corrupt democracy is lauded as the just, but failed attempt to fulfill the promises of democracy “gleaned” from the Declaration of Independence. This belief is sacrosanct.  

And for the record, those evil doers did not fail. Aided by the malfeasance and base corruption of less visionary men who served as their vanguard [dare I say smokescreen?], their insidious objective of skewing the federal-state dynamic achieved, they merely abandoned their minions. Those infesting the South, which never gave up fighting them, subsequently fled. But the damage was done.

As they’d predicted, Senators Alcorn and Sharkey were denied their seats in the Thirty-ninth Congress as were their counterparts in the House. The same holds true for the other representatives elected across the defeated South. Ah, but represented or not, the South could still jump in there and happily pay that cotton tax!

I’ll pick up with Alcorn in my next post. Thanks for reading, 

Charlsie

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For earlier posts on Alcorn, best read in sequence from oldest to most recent, see 17 February, 16 April, 24 March, 17 July, 24 July, 18 September, 9 October, 18 October, 5 November, 22 November, and the prequel to this one, 15 December 2014.

 

Monday, December 15, 2014

James Lusk Alcorn, Eliminating the Delusions for Mississippi’s Reentry into the Union, Part One

This post is number eleven in a historical review of Mississippi’s Union Whig/Republican governor and senator, James Alcorn, during Reconstruction. See my earlier posts, best read in sequence from oldest to most recent, from 17 February, 16 April, 24 March, 17 July, 24 July, 18 September, 9 October, 18 October, 5 November 2014, and 22 November 2014.
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After Federal General Canby dispersed the Mississippi legislature in May 1865 (see my 5 November post below), Alcorn visited his wife and children, still safely ensconced with her family in Alabama, and in July returned to Mound Place on the Yazoo Pass. During this interim, President Andrew Johnson appointed the “blight-free” Southern Whig and prominent judge, William Sharkey, provisional governor. Sharkey called for the election of delegates to serve at a state convention in July 1865—the purpose of which was to lay the groundwork for reinstating civil government. This groundwork included the scheduling of elections for governor, congressional representatives, legislators, and other civil positions. Alcorn did not participate, but he did discuss the convention, and I’m guessing his personal goals, with his law partner W. L. Stricklin who did run successfully as a delegate. The convention was comprised primarily of long-time Whigs, many of whom had opposed secession and reflected to some degree the same pragmatic conclusions that both Sharkey and Alcorn had reached.

Despite his non-participation in the convention, Alcorn was in Jackson at the time it met. He stayed in the home of another old-line Whig, Judge William Yerger. There he conferred with Judge Yerger’s brother, J. S. Yerger, an old political ally. Other friends/allies included among his “conferees” were Ethelbert Barksdale, then editor of the Mississippian and later the Clarion, both strong Democratic newspapers. In addition to his not playing a part in the convention, we know that Alcorn did not want his name placed in the gubernatorial contest, but that he was interested in the legislative seat representing Coahoma County. 

Around this same time, Sharkey told the people of Mississippi that regardless of their feelings about the Emancipation Proclamation, slavery was over. 

I’d like to make a point here. The Emancipation Proclamation is the consummate example of an unconstitutional executive order. Even laymen, much less their leaders, across the South—and many outside the South—realized this at the time. Congress certainly did, hence its insistence on ratification of the Thirteenth Amendment. Presidents have used executive orders to carry out the responsibilities of the “executive” since President Washington, but to be legal, those orders should apply to the execution of an existing law—in other words, they should aid the president in enforcing laws passed by Congress. The Emancipation Proclamation is about as far as one can get from that. Slavery was legal and protected by the Constitution. So, those of you out there who praise Lincoln for the Emancipation Proclamation and lambaste Obama for his “pen in hand” and making laws under the guise of executive privilege, you’re setting a double standard. Me? I proudly lambaste both of them—along with a myriad of others. FDR comes first to mind, but there are plenty more, and Congress lets them get away with the abuse today, just like it did in 1863—of course, then, as at too many other times since, it was “party” to the conspiracy, pun intended. But I digress—back to Alcorn and Reconstruction. 

On the 26th of July 1865, with Judge Sharkey as witness, Alcorn took the oath of allegiance to the United States Constitution. Days later, at a local church in the Swan Lake area of Coahoma County, his son Milton (he was still alive) and his overseer Minga, along with a number of his Coahoma County neighbors, took the oath. Peace made with Governor Sharkey’s provisional government, Alcorn left for Washington and a pardon. Alcorn had his extensive holdings, but he could not participate in politics without that pardon. 

During this first sojourn to Washington, Alcorn met with Attorney General James Speed, with whom he made his application for a pardon; Secretary of State William Henry Seward; Secretary of the Treasury, Hugh McCulloch; and President Johnson. In regards to the last individual, Alcorn notes that some of the interviews went well, some did not. My question is what were they talking about? Technically, Alcorn was not representing the state in an official capacity, and I don’t think the president would have been the person with whom Alcorn would have broached the subject of levees. This is just my opinion, but I think Alcorn had done some covert planning with Sharkey and friends in Jackson prior to his trip to Washington, and in Washington he was putting out feelers among the powers-that-be as to what was expected of the state—or more to the point, what the state should expect. 

Alcorn received his pardon on 11 September 1865 and started home two days later. What we do know from his assessment of the situation is: (1) The Radical Republicans hated the South. [The Radical Republicans had hated the South since the mid-fifties when they became Republicans. They’d hated the South as something else for decades before that.] (2) President Johnson might appear harsh, but his actions were nothing compared to what the Radicals would do. (3) The Southern states readmission to the Union would be based on the abolition of slavery (which the state convention meeting under Sharkey in July did); however, to Congress (and Johnson), abolition of slavery computed to ratification of the Thirteenth Amendment. Declaring slavery abolished simply would not do. (4) Repudiation of Confederate debts, and (5) some civil and franchise rights for the Negro. We see in his letters to Amelia that he doubted Southerners elected to Congress would be seated in the coming session. 

Back in Mississippi, elections for office were held on 2 October 1865. In Coahoma County, Alcorn’s name for representative to the state legislature had been placed in the hat while he was still in Washington. He ran unopposed, but for the most part, the Mississippi taxpayer elected a majority of Democrats and ex-Confederates to legislative office. Confederate general, B. G. Humphreys was elected governor over old-line Whig, Judge E. S. Fisher. The result was a legislature opposed to the extension of rights to the freedman. The Radicals in Congress, now in a power struggle with the president over the course Reconstruction would take, observed all this with glee. However, Mississippians chose four Whigs and one Union Democrat to represent them in the House. [That “Union Democrat/Union Whig” evolution occurred in the early fifties when Whigs and Democrats of like minds formed the “Union” party in an attempt to put the Union before party. Its biggest success was in the South, but the Northern branches lost interest and in the end it all fell apart. It’s a subject for a whole other post, but suffice it to say, a Union Democrat would work well with Whigs and would have cast a jaundiced eye on secession. Let me rephrase that—he would have worked well with Southern Whigs.]  

In the state house, Alcorn was nominated for speaker, but lost on the final count 26-38 to Democrat S. J. Gholson. Alcorn was also selected for several committees, but before any of those accomplished anything, the legislature went into joint secession to elect the state’s senators to Congress. William Sharkey was elected on the first ballot for the short term and Alcorn on the fourth ballot for the long term. Alcorn claims not to have solicited the position, but personally I think some more of that “conferring” had been going on. His desire for the senatorial position is the reason he didn’t want to be governor. Of course, another reason for his reticence regarding the gubernatorial race—because his election as governor would not have precluded his election as senator—was possibly to avoid the overt Democratic challenge to his candidacy. In Coahoma County, he didn’t have to speak one controversial word to get elected to the legislature, but for the gubernatorial run, he might have  anticipated the need to say plenty, not only in defense of his liaisons during the war but also, if he were forthright, in defense of his proposed post-war policies. And I do believe he proposed to address the challenges to the state, and how he would meet them, with candor.  

My perception of his anxieties aside, I think Alcorn wanted the senate position—I believe he had taken aim at it in July before he left Coahoma County en route Jackson. That was his reason for sitting out the convention (but his allies were represented) and for his “conferring” with the provisional governor and friends prior to his departure for Washington. His decision made, he did not deviate from his course even after his enlightening sojourn to the nation’s capital left him believing, correctly, that Congress would not seat Southerners elected to office under the terms of Presidential Reconstruction. Alcorn was a Whig and the South was in extreme economic distress. His view (hand in hand with Wiggery) was that Federal money was the way out.  

Alcorn’s biographer, Lillian A. Pereyra, points out that not only had Mississippi’s predominantly Democratic legislature sent Senators to Washington with the best possible chance of getting seated but it had also removed the two most capable members of the minority party from influencing legislation. That may have been true, but I’m not sure I agree the action was by design. That legislature was between a rock and a hard place—where were the capabilities of men such as Sharkey and Alcorn to be best employed when the choice has to be made between a hate-filled Congress or an aggrieved and defiant populace at home that might also spurn their efforts?  

Additionally, Sharkey may have been untainted by secessionist blight, but Alcorn certainly wasn’t. Recall his was the first name called at the secessionist convention in 1861, and he succumbed to the “fever”. His “yes” vote, given who he was and his decade-long fight against secession, nearly brought down the house with jubilation. Then he became a general of Mississippi’s state forces and served in the state’s Confederate legislature. He outfitted his son’s unit which became part of the Confederate Army...and on and on. Yes, he wined and dined and cooperated with Union generals during the occupation, but at the same time is known to have passed at least some intelligence to the Confederacy. Alcorn might have been acceptable to some in the Federal government, but he wouldn’t have been to the Radicals. [In fact, not even the squeaky clean Sharkey proved acceptable to the Radicals—he was a Southerner after all.]  

Hmmm—I might have just made Pereyra’s case. 

I’ll continue this tale in my next post. Thanks for reading. 

Charlsie

 

 

 

  

Saturday, November 22, 2014

James Lusk Alcorn, The Dawn of Reconstruction

This post is number ten in a historical review of Mississippi’s Union Whig/Republican governor and senator during Reconstruction. See my earlier posts, best read in sequence from oldest to most recent, from 17 February, 16 April, 24 March, 17 July, 24 July, 18 September, 9 October, 18 October, and 5 November 2014.
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This article brings me to the period of history that initiated my interest in James Lusk Alcorn and is the setting for a number of my novels. “Reconstruction” is a term that has left a bad taste in the mouths of generations of white Southerners along with the epithet scalawag, which taints the name J. L. Alcorn to this day. After years of study, I see everything in a clearer, if not brighter light. If anything the taste of Reconstruction is fouler than ever. As a child I adhered to the simplistic approach that it was a period when a bunch of greedy, corrupt Northern opportunists and politicians, protected by the Yankee army, came South to plunder the spoils of war. Not much more to it than that. Later the “noble” ideas of civil rights for the Negro—a natural adjunct of his emancipation—seeped in. That noble idea translated, and rightly so, to Negro enfranchisement, which coupled with the disfranchisement of Southern whites, put in place a constituency designed to keep the Republican party in power for as long as it was able to hold the white South at bay. Both are true, simple concepts designed to get the blood of any self-respecting white Southerner boiling. These concepts would later be used to keep in place a constituency of a different sort—but this group, at least, was our own.

Putting aside the propaganda and ulterior motives of later generations of Southern demagogues, the tyranny and malfeasance of Reconstruction that ran rampant across the South, for over a decade in some places, were merely tools that apologists euphemistically refer to as the failure of a benign experiment in political and social awakening. My take on the apologists—smoke and mirrors in an attempt to create a faux truth from a lie.

Reconstruction was the realization of a pact loosely drawn by morally corrupt, self-righteous leaders, social, economic and political, to “Reconstruct” the South into what they thought it should be (socially) to serve their needs (economic/political)—needs reflected in the manifest destiny of the United States. The plan was not drafted with the South’s defeat in 1865. It was on the drawing table and set for necessary alterations by the 1850s. The South, its future clear within the “Union”, opted out. No war, no violence, just “you go your way and we’ll go ours”. But with its secession, the South had presented those Northern “architects” of what the United States was really meant to be with the opportunity to carry out the plan. It took some work to bring the rest of the North in line under the concepts of “Union” and “liberty and justice for all”, but ‘architects’ such as those always seem to achieve their ruthless goals. Hence a horrific war that took so many American lives, wasted the South, and destroyed the Founders’ Republic. Reconstruction was not an adjunct to the war. Reconstruction was the reason for the war.

But while research has hardened my frustration for those who view the South’s meager “victory” during Reconstruction as one of white Southerners against the defenseless and oppressed, my view of Alcorn is now more appreciative. In my opinion the term scalawag fits him less than simply noting what he was, a pragmatic Southern Whig who struggled to do what was necessary to return his Mississippi of old to its rightful place in the Union—given the terms demanded by a hate-filled victor.

It would never happen, of course, not for Mississippi nor the rest of the South. As stated above, Reconstruction did not refer to reconstructing the physical infrastructure of the devastated South. In fact, Congress (in which there was no Southern representation early on, an unconstitutional omission it later “corrected” by the introduction of Republican puppets as the Southern taxpayers’ representatives) and the powerful Northern constituents (industrialists, social engineers) that it represented went to great lengths to ensure the South’s recovery would be both slow and painful. Indeed, a case can be made that many of those people opposed recovery at all. Loyal Americans lived in the North—they’d saved the “Union” after all (Republic be damned)—and anything that would rise from the ashes of the South would be North-like in appearance and to the benefit of the North. I would like to make my point using an early example from Alcorn’s own history:

Thanks to his dealings with the occupying forces during the war, Alcorn returned to Coahoma county in the summer of 1865 with his lands intact and a supply of gold with which to rebuild. In the fall, the Union army released his home at Friar’s Point, and it is here that he brought Amelia and his children vice returning to Mound Place on the Yazoo Pass. Friar’s Point became the seat of operations for his post-war activities. He returned to his law practice and operated his plantations, acquiring new property east and south of his original holdings.

Long a Delta planter dependent on the rich alluvial land born of centuries of Mississippi River floods, Alcorn had spent his entire life in Mississippi focused on levees to control the “Father of Waters.” The river giveth, but it also taketh away—in a heartbeat. His determination to construct an adequate levee system meant constant battle with both the state and the counties making up the Delta—and interior counties that didn’t really care if the Delta flooded or not. In the early fifties, he’d become president of the Superior Board of Levee Commissioners created to coordinate all levee activity among the concerned counties. In 1861 he threw up his hands in defeat (apparently the players never, ever, all agreed) and resigned as president of the board. Disunion was on the nation by then, war followed, but Alcorn’s interest in levee construction never abated. As many of you Civil War buffs know, Grant did extensive damage to the existing levees—just one of the peacetime projects in need of real “reconstruction.”

In August of 1865, a state convention (this one blessed by President Johnson—see my 5 November 2014 post) appointed Alcorn as one of three commissioners to go to Washington to enlist Federal aid to rebuild the levees and/or find private investors. Since the state convention forbade the commissioners from pledging state funds in repaying the loans, private investors were not enthused. Needless to say, the thirty-ninth Congress was downright hostile. Regardless of Congressional sentiment, Alcorn was an optimistic Whig at heart, so it was the Federal government where he focused his hopes for support by depicting Mississippi River levees in terms of “national” interests.

In the summer of 1866, opportunity knocked when Congress began debate on a revenue bill. In 1863, when there’d been no representation of the cotton states in Congress, that body passed a law placing a 3¢ tax per pound on raw cotton. Now, the Southern states still not represented, it proposed to increase this tax to 5¢. It just so happened that at this time the U.S. District Court of Northern Mississippi was in session and contained a goodly number of the Delta’s lawyer-planters. Alcorn was one. This group took advantage of the session to hold a protest meeting against the proposed “cotton tax”. The district judge adjourned court so the protesters could hold their meeting, which Alcorn dominated. He nominated and secured the election of his friend and fellow Whig, C. D. Fontaine, as chairman and proposed a set of resolutions to be set before Congress.

One argument urged planters, in view of the tax’ probable passage, to plow up unpromising stands of cotton and plant corn since the state wouldn’t have funds to buy food from the North and West that winter anyway. That argument was countered by one that emphasized the value of cotton as wealth for the entire nation, which made it an instrument in foreign affairs. The Northern blockade during the war had forced the traditional European markets for Southern cotton to supplement their purchases of raw cotton from elsewhere. Indeed, Britain was encouraging the cultivation of cotton in her colonial possessions. Cotton, the counterargument concluded, provided the South purchase power to buy Northern goods. Southern commercial credit was based on cotton; therefore, the well-being of all Southerners, black and white, was dependent on it. A committee was appointed (Alcorn was a member) to write and present a memorial to Congress protesting the cotton tax and arguing for why it should not be.

Before the petition was drafted, the New York Chamber of Commerce memorialized Congress against the increase to 5¢, stating that taxation without representation was tyranny; the tax, at least in spirit, was unconstitutional; and the increase “lacked an impartiality which was calculated to provoke hostility at the South.” Congress, it argued, should be producing legislation to inspire the Southern people to hope for better days instead of continuing to beat them down. The tax was not removed, but was decreased to 2.5¢ per pound as of 1867.

In his annual report for the year 1867-1868, Secretary of the Treasury, Hugh McCulloch recommended repeal of the tax as a measure to restore the productive power of the Southern states as soon as possible. (Note that McCulloch was a free-market fella and perceived opponent to the “American System.”) He stated: “Even in their deplorable condition, more than two-thirds of our exports last year [1866] consisted of their products, and it is the crop of the present year [1867], small though it is, that is to save us from the ruinous indebtedness to Europe.” Don’t jump to the conclusion that this was support for the South—think of it as, “we need to jump start our new colony’s economy so we can pay the national debt we created by waging the war to destroy the South.”

Just for the record, here’s Mississippi’s share of the cotton tax, paid when the state was not represented in Congress: 

1866—3¢ per pound— $756,289.00

1867—2.5¢ per pound—$4,640,664.00

1868—2.5¢ per pound—$3,521,702.00

                For a total of—$8,918,655.00 

Between 1863-1868 when the tax was repealed, the Southern states paid $68,072,385.00 in cotton tax, all during a period when they were not represented in Congress.

Regarding Mississippi’s burden, note that the cotton crops of both 1866 and 1867 were near failures; the amount of the cotton tax paid in those years was 6 and 8 times state expenditures; and the tax was estimated to represent one quarter the value of the crops (remember that the tax was based on the weight of the cotton, not the market price).

Now, let’s go back a bit to Mississippi. That half-cent reduction in the cotton tax disarmed the 1866 planter protest, but Alcorn was not done with the tyrannical cotton tax. Now he put on his “Whig” hat and on 18 December 1866 presented a petition to both houses of Congress, which bore his name alone. In it, he cited his life-long activities with the levees in Mississippi; he highlighted the potential of the Yazoo-Mississippi Delta—to include tax revenue; and he emphasized the threat of foreign cotton production to the U.S. cotton industry (I’d be willing to bet that Congress was preoccupied with U.S. industry—maybe even the cotton industry—but not in the South.).

Then he came to the crux of his address: The people of the South considered the cotton tax not only a grievance, but a wrong. If it had to be enforced he said, mitigate its existence by using that tax on the South for the South. In the case of Mississippi, Arkansas, and Louisiana, spend the revenue on the levees to protect the alluvial cotton lands subject to flood. [Recall that such use of national subsidies for internal improvements was integral to the Whig platform.] The national government was being generous with subsidies to the North and West, particularly regarding railroad construction. Alcorn’s argument was to give the devastated South her share of her contribution (goodness knows she needed it).

Congress did not respond.

Point made.  

Thanks for reading, and more to come, Charlsie