Smoke and Mirrors and Civil Rights During Reconstruction

This post is number thirty-two in a historical series discussing Mississippi’s Whig/Republican governor and senator, James Alcorn, following the War Between the States and continues the “saga” resulting from the Democratic victory over the Republican “reconstruction” constitution framed during the Black & Tan Convention in the winter/spring of 1868. For earlier posts in this Alcorn-driven series, (best read in sequence from oldest to most recent), start with 17 February, 24 March, 16 April, 17 July, 24 July, 18 September, 9 October, 23 October, 5 November, 22 November, 15 December, 29 December 2014, 13 January, 24 January, 9 February, 24 February, 9 March, 31 March, 8 May, 10 June, 30 June, 3 August, 30 August , 13 September, 27 September, 11 October, 25 October 2015, 8 November, 25 November 2015, 14 December, and 27 December 2015.
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When last we looked at the 41st Congress and the “Mississippi question” before it, Benjamin Butler of Massachusetts and James Burnie Beck of Kentucky were in debate on the House floor over the “Butler Bill” and its proposed methodology for returning Mississippi to the new, revised United States.  

Beck’s argument kept the issue churning for days. The stated reason for Congress’ creation of first the Joint Committee on Reconstruction back in 1865 with the 39th Congress and the House Select Committee on Reconstruction during the next two Congresses was to ascertain the conditions in the former insurrectionary states and to ensure the protection of life and property within them. That was all smoke and mirrors designed to allow a Republican Congress to get control of Reconstruction and leave itself in a position to dictate to the Southern states, to ensure loyal “Republican” administrations within those states, and guarantee the presence of “loyal” representatives in both the U.S. House and Senate which they would use to mold the entire United States into their vision of what it, in their opinion, should be. Certainly the election of such loyal individuals would not happen if the Confederate taxpayer had control of his state, and the easiest, perhaps the only way, to wrest control from those people was to manifest the aforementioned threat to life and property in the region, thereby justifying Federal interference (martial law). 

I will not rehash Southern resistance to using government funds for internal improvements and the high tariffs required to generate those funds (Henry Clay’s American System). I’ve covered them extensively throughout this series. I also won’t elaborate more at this time on the Republican and/or New England Utopian plan to make the conquered South the proving ground for a new, enlightened, United States. That again would be beating a dead horse. Suffice it to say, Southerners resisted both. Social experimentation has never been a Southern thing and when it came to taxpayer funding internal improvements, the South still had a war to recover from and bigger priorities than progressive programs. Yet the Republican interlopers poised to take control of the Southern states were determined both would happen and the Southern taxpayer would fund them. To get control, the Republicans needed the freedman’s vote.  

The elephant in the room was civil rights, which tied directly to Republican votes. Civil rights is not one of the responsibilities the Founders gave to the central government. The former colonies did, however, insist on state rights. Civil rights, in fact, wasn’t even a big issue at the time of the founding, and what issues there were fell under the purview of the states. The states wouldn’t have had it any other way and would not have ratified the Constitution.

 

Moving forward through the decades, one sees the developing misuse/abuse of the general welfare clause in the Constitution’s preamble—and the oblique attack on those resisting that abuse—that being on the South through its slave-based economy. By the eighty year mark, Utopians, who by their own admission believed the Constitution unfit to govern the nation, assumed all citizens should have access to all services and rights including the vote, and those rights (to include the definition of a citizen) should be dictated by the central government over the will of all the states. Teaming up with the zealots were the more pragmatic and greedy who recognized the potential of Republican hegemony in the South (or all over for that matter)—think of Ben Butler as an example. Also, and probably most ruthless of all, were those shady industialists (beneficiaries to the American System) pulling the strings of their political puppets in Washington.

For the Republicans in the South, the right to vote loomed greatest of all, because they planned for the Negro vote to keep them in power. The Radicals had no qualms in denying the Confederate taxpayer his “civil rights,” however, so ask someone like me what she thinks of those expounding on “civil rights” during that period. Those who supported the Confederacy and believed small, local government best identified the needs of those footing the bill had again become ex post facto traitors, continuing their treachery by not embracing this post-Constitutional concept of “civil rights.”  

Southerners knew how things were in the pre-war South and they knew how matters stood in 1868. They’d never had a reason to concern themselves much with “civil rights” because they hadn’t created an environment requiring a need. Now they were faced with not only the excesses of funding internal improvements, but also with managing the baggage that accompanied the unwanted expenditures, and a few white interlopers intended to enforce it—by ensuring heretofore unneeded “civil rights” for a voting block they have just defined as citizens in need of civil rights—all in overt violation of the Constitution.  

One day soon I’m going to start a study on the effects of all this anti-Constitutional civil rights legislation in the Northern legislatures, because it was a problem. But those states were in a better position to fight back—their electors hadn’t been mucked with for one thing—they could still vote the dogs out—hence Butler’s reference to losing six Northern states.

Ah, but let’s not forget that with the Southern legislatures in the hands of puppets, and their illegal Congressional delegations “loyal,” the traitors fomenting this skewed concept of the United States were permanently altering the Constitution, and the Northern states might not have had the numbers to stop it, even if they’d wanted. 

A non-issue for individual states had been made an issue and, as the Radicals tried to sell it, it was an issue to be resolved by a benign [sarcasm intended], yet all-powerful central government, which had proven, by force of arms that the Union was inviolable. That same government would from this point enforce the principles of...what? Oh, yeah, The Declaration of Independence while ignoring the charter that had brought it into existence. It was a government composed of a cabal of men, who cared nothing for the Constitution, who were, in fact, hostile to it, but were willing to twist, manipulate, pervert, and subsequently permanently alter it in order to do lip service to it and keep themselves in power.

The role of the House’s Select Committee on Reconstruction was to justify congressional interference in those recalcitrant states refusing to “move toward the light.” Interference required justification. Fair elections did not justify interference, so, in the wake of the Senate’s tabling the Bingham Bill on 27 July 1868, the committee of five, back home in Mississippi, decided to make that 10 July 1868 conservative victory one which had been achieved by fraud and intimidation of the freedmen.

Now, let’s go back to the summer of 1868 and expound on the voter numbers again. Then I’ll weigh those numbers against charges of fraud and intimidation that no longer just echo through the past century and a half, but for all intents and purposes shout the truth down.

The “progressive” Republican state constitution was rejected, 63,860 votes against, 56,231 votes for. Four of the five members elected to Congress were Democrats. All the Republican nominees had been Northern, and George C. McKee was the only Republican winner. Humphreys defeated Eggleston by 8000 votes and in the state legislature, 66 of the 138 chosen were democrats, and there were 12 Negroes elected, one was a state senator, the Reverend Stringer of Vicksburg.

From the figures given, one surmises that 120,091 votes were cast. As of September 1867, General Ord had registered 106, 803 voters of which the majority, 60,167 were Negro, leaving 46,636 whites. As of November, when the decision for a new constitutional convention was required of the citizens, there were 139, 327 registered voters of which 76,016 actually cast a vote. Of those, 69,739 voted for a convention (and thereby a new constitution). Recall that the democrats sat out that election hoping that the requirement set by the U.S. Congress that the majority of “registered” voters must opt for a convention. This accounts for the large number of votes not cast.

Now in the summer of 1868, 120,091 votes were cast (meaning the Democrats were back in the game) and roughly 17,000 more votes than there were white voters registered as of the past November had voted down the new Constitution (and the Republican ticket). Well, of course it must have been fraud and intimidation—except that the 56,000+ votes for the Constitution would account for all but roughly 4,000 votes from the Negro population. So the brutal Democrats were only able to intimidate seven percent of the registered Negroes. Of course, this is all absurd. Truth is, many of those 56,000 votes were other white voters—many of whom were interlopers who didn’t have a vested interest in Mississippi, but others who did. And many of those near 64,000 votes who rejected the new Constitution were black, they had to have been.

That fraud and intimidation occurred, I would not argue, but fraud and intimidation went both ways. Threats allegedly attributed to the Democrats were: Threats of job loss (Hmmm—labor was in pretty big demand, so even if a man lost his job, a new one would have been available the next county over. Now, if he were working for his old master on the plantation he was born and raised on, he might not want to be put off, but for that very reason—he liked his home and people—he voluntarily voted along with the old master, anyway); visits by the “Klan” (there was the “Klan” and then there was the “Klan” and then there were “threats” made by, and more likely “on behalf” of the Klan by those not Klan); ostracism by the “white” community (that would have worried only those who had a vested interest in the “white” community I would think, and those whites would have been Republican or, again, the old folks with whom they would have voted freely). But, tongue now out-of-cheek, those threats may have swayed a few votes, but the Negro was in the majority and the U.S. army was all over the state in force and under the thumbs of Republican interlopers who were themselves active in every black community. To say that threats of the Klan, job loss, or rejection by whites accounted for the sway of the circumspect 17,000 votes is bullshit. Besides, ostracism and threats of job loss are “boilerplate” when it comes to crying “fraud” in elections.

Additionally, there were threats made by the other side to those considering voting against the proposed “progressive” constitution: For example, if the Negro didn’t vote Republican, the Northern populace would allow the white Southerners to oppress them or even return them to slavery; and the following threat was reported to have come out of the Fourth Military District: The offender would be led to Vicksburg in chains and sold back into slavery in Cuba. Such threats coming out of the Republicans or their Grand Army of the Republic phalanx is evidence that they did not have control over every Negro in Mississippi, some of whom were quite capable of thinking for themselves and others who were still under the influence of former masters—and you know that had to have frosted their Republican “saviors” and colored their approach to the Negro voter. But I maintain that was a lot of folk to be bullied into voting the way either party wished. More than likely, many of those votes were simply bought [quite probably on both sides].

Stage now set for the civil rights boogieman and its application to the House Select Committee on Reconstruction and the Butler Bill, I will, with my next post, return to the House floor in the spring of 1869.

Thanks for reading,

Charlsie

 

 

 

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