CHAPTER XIV

THE "RECONSTRUCTION" CONVENTION

Character of the Convention

The delegates elected to the convention were a motley crew--white, yellow, and black--of northern men, Bureau officers, "loyalists," "rebels," who had aided the Confederacy and now perjured themselves by taking the oath, Confederate deserters, and negroes.[1413] The Freedmen's Bureau furnished eighteen or more of the one hundred members. There were eighteen blacks.[1414] Thirteen more of the members had certified, as registrars, to their own election and with six other members had certified to the election of thirty-one, nineteen of whom were on the board of registration. No pretence of residence was made by the northern men in the counties from which they were elected. Several had never seen the counties they represented, a slate being made up in Montgomery and sent to remote districts to be voted for. Of these northern men, or foreigners, there were thirty-seven or thirty-eight, from Maine, Massachusetts, Connecticut, Vermont, New York, Pennsylvania, Ohio, Iowa, New Jersey, Illinois, Ireland, Canada, and Scotland.[1415] The native whites were for the most part utterly unknown and had but little share in the proceedings of the convention.[1416] Of the negro members two could write well and were fairly well educated, half could not write a word, and the others had been taught to sign their names and that was all. There were many negroes who could read and write, but they were not sent to the convention. Perhaps the carpet-baggers feared trouble from them and wanted only those whom they could easily control.[1417]

Griffin of Ohio was appointed temporary chairman, and on the motion of Keffer of Pennsylvania, Robert Barbour of New York was made temporary secretary and later permanent secretary. Keffer nominated Peck, a New Yorker who had resided for some years in Alabama, for president of the convention, and he was unanimously elected.[1418] There were several negro clerks in the convention. The disgusted Conservatives designated the aggregation by various epithets, such as "The Unconstitutional Convention," "Pope's Convention," "Swayne's World-renowned Menagerie," "The Circus," "Black and Tan," "Black Crook," etc. The last, which was probably given by the New York _Herald_ correspondent, seems to have been the favorite name. The white people still persisted in looking upon the whole affair as a more or less irritating joke.

The carpet-baggers intended that the convention should be purged of "improper" persons, and one of them proposed that the test oath be taken. This aroused opposition on the part of the ex-"rebels," who did not care to perjure themselves more than was necessary. Coon of Iowa then proposed a simple oath to support the Constitution, which after some wrangling was taken.[1419] Caraway, a negro, wanted no chaplain to officiate in the convention who had not remained loyal to the United States. Skinner of Franklin said: "Let none offer prayer who are rebels and who have not fought under the stars and stripes." This was to prevent such reverend members of the convention as Deal of Dale from officiating. Finally, the president was empowered to appoint the chaplain daily. A colored chaplain was called upon once in a while, and one of them invoked the blessings of God on "Unioners and cusses on rebels."[1420]

Another way of showing the loyalty of the body was by directing a committee to bring in an ordinance changing the names of the counties "named in honor of rebellion and in glorification of traitors." Keffer of Pennsylvania was the author of this resolution. Steed of Cleburne wanted the name of his county changed to Lincoln, and Simmons of Colbert wanted his county to be named Brownlow. The test votes on such questions were about 55 to 30 in favor of changing. Baine, Colbert, and Jones counties, established by the "Johnson" government, were abolished.[1421]

The president was directed to drape his chair with two "Federal" flags. Generals Pope and Swayne, and Governor Patton, as friends of Reconstruction, were invited to seats in the convention and were asked to speak before the body. Pope was becoming somewhat nervous at the conduct of the supreme rulers of the state and in his speech counselled moderation and fairness. He also commended them for the "firmness and fearlessness with which you have conducted the late campaigns," and congratulated them upon "the success which has thus far crowned your efforts in the pacification of this state and its restoration to the Union."[1422] The most radical members of the convention were bringing pressure to bear to force Pope to declare vacant at once all the offices of the provisional government and fill them with reconstructionists. In this they were aided by northern influence. Pope, however, refused to make the change, and thus displeased the Radicals, who wanted offices at once.[1423]

The first ordinance of the convention reconstructed Jones County, named for a Confederate colonel, out of existence, and the second, third, and fourth arranged for the pay of the convention. The president received $10 a day and the members $8 each; the clerks from $6 to $8, and the pages $4.[1424] The president and members received 40 cents as mileage for each mile travelled. To cover these expenses an additional tax of 10 per cent on taxes already assessed was levied. The comptroller refused to pay the members until ordered by Pope. The latter hesitated to give the order, as he doubted if he had the authority. However, he finally said that he would order payment provided the compensation be fixed at reasonable rates, and that the payments be not made before the convention completed its work. He further added that the convention must be moderate in action; "I speak not more for the interests of Alabama than for the interests of the political party upon whose retention of power for several years to come the success of Reconstruction depends." When Pope urged moderation, it is likely that something serious was the matter. A proposition to reduce the pay of the members from $8 to $6 per day was lost by a vote of 35 to 57. A few days before the close of the convention, Pope ordered the payment of the _per diem_ to the hungry delegates, many of whom refused to accept the state obligations called "Patton money." They were told that it was receivable for taxes, and one answered for all: "Oh, damn the taxes! We haven't got any to pay."[1425]

The Race Question

The colored delegates brought up the negro question in several forms. First, Rapier of Canada wanted a declaration that negroes were entitled to all the privileges and rights of citizenship in Alabama.[1426] Then Strother of Dallas demanded that the negroes be empowered to collect pay from those who held them in slavery, at the rate of $10 a month for services rendered from January 1, 1863, the date of the Emancipation Proclamation, to May 20, 1865. An ordinance to this effect was actually adopted by a vote of 53 to 31.[1427] The scalawags, as a rule, wished to prohibit intermarriage of the races, and Semple of Montgomery reported an ordinance to that effect. He would prohibit intermarriage to the fourth generation. The negroes and carpet-baggers united to vote this down, which was done by a vote of 48 to 30. Caraway (negro) of Mobile wanted life imprisonment for any white man marrying or living with a black woman, but he said it was against the Civil Rights Bill to prohibit intermarriage. This seems to have irritated the scalawags. Gregory (negro) of Mobile wanted all regulations, laws, and customs wherein distinctions were made on account of color or race to be abolished, and thus allow intermarriages. The convention refused to adopt the report providing against amalgamation.[1428] The Mobile negroes alone seem to have been opposed to the prohibition of intermarriage. The convention of 1865 had recognized the validity of all slave marriages and had ordered that they be considered legal. During 1865 and 1866 the fickle negroes, male and female, made various experiments with new partners, and the result was that in 1867 thousands of negroes had forsaken the husband or wife of slavery times and "taken up" with others. All sorts of prosecutions were hanging over them, and an ordinance was passed for the relief of such people. It directed that marriages were to date from November 30, 1867, and not from 1865 or earlier. All who were living together in 1867 were to be considered man and wife, and all prosecutions for former misconduct were forbidden.[1429]

Caraway (negro) of Mobile succeeded in having an ordinance passed directing that church property used during slavery for colored congregations be turned over to the latter.[1430] Some of this property was paid for by negro slaves and held in trust for them by white trustees. Most of it, however, belonged to the planters, who erected churches for the use of their slaves.

Not much was said about separate or mixed schools for the races. There was a disposition on the part of the leaders to keep such questions in the background for a time in order to prevent irritating discussions. A proposition for separate schools was voted down on the ground that it was better for the children of both races to go to school together and wear off their prejudices. This was the carpet-baggers' view, but most of the blacks finally voted against a measure providing for mixed schools, because, they said, they did not want to send their children to school with white children. The matter was hushed up and left unsettled.[1431]

In spite of efforts to keep the question in the background, the social equality of the negro race was demanded by one or two irrepressible Mobile mulattoes, and a discussion was precipitated. The scalawags with few exceptions were opposed to admitting negroes to the same privileges as whites,--in theatres, churches, on railroads and boats, and at hotels,--though they were willing to require equal but separate accommodations for both races. Semple reported from his committee an ordinance requiring equal and separate accommodations, but declared that equality of civil rights was not affected by such a measure. By a vote of 32 to 46 this measure failed to pass.[1432] Griffin[1433] (white) of Ohio briefly attacked Semple for proposing such an iniquitous measure. McLeod (negro) said he did not exactly want social equality, and added "suppose one of you white gentlemen want a negro in the same car with you. The conductor would not allow it. This should be changed." Caraway (negro) objected to having his wife travel in the coach with low and obscene white men. Jim Green (negro) said it was a "common thing to put cullud folks in de same cyar wid drunk and low white folks. We want nebber be subjic to no sich disgrace," but wanted to be allowed to go among decent white people. Gregory (negro) made some scathing observations at the expense of Semple and his associates, who were hoping to make political use of the negro, yet did not want to ride in the same car with him. How could the delegates, he said, go home to their constituents, nineteen-twentieths of whom were negroes, after voting against their enjoying the same rights as the whites? Did Semple feel polluted by sitting by Finley, his colored colleague? Why then should he object to sitting in the same car with him? He (Gregory) was as good a man as Napoleon on his throne, and could not be honored by sitting by a white man, but "in de ole worl de cullud folks ride wid de whites" and so it should be here. Rapier (negro) of Canada said that the manner in which colored gentlemen and ladies were treated in America was beyond his comprehension. He (Rapier) had dined with lords in his lifetime, and though he did not feel flattered by sitting by a white man, yet he would vote for social equality. Some of the negroes feebly opposed the agitation of the question on the ground that the civil and political rights of the negro were not yet safe and should not be endangered by the agitation of the social question. Griffin of Ohio and Keffer of Pennsylvania supported the negroes in all their demands. The carpet-baggers in general were in favor of social equality, but most of them thought it much more important that the spoils be secured first. The negroes were placated with numerous promises and by a special resolution opening the galleries to "their ladies" and inviting the latter to be present[1434] at the sessions of the convention.

Debates on Disfranchisement

The debates on the question of suffrage were the most extended and showed the most violent spirit on the part of most of the members. Dustan of Iowa proposed that the new constitution should in no degree be proscriptive, but his resolution was voted down by a vote of 30 to 51. Some of the negroes voted for it.[1435] Rapier (negro) proposed that the convention memorialize Congress to remove the political disabilities of those who might aid in reconstruction according to the plan of Congress. This was adopted and Griffin, the most radical member of the committee, was made chairman to make merciful recommendations. Gardner of Massachusetts, representing Butler County, said that there were persons in the state who should have been tried and convicted of felony and would thus have been disfranchised, but owing to fault of courts and juries they were not convicted. He wanted a special commission to disfranchise such persons. The majority report on the franchise[1436] called for the disfranchisement of those who had mistreated Union prisoners, those who were disfranchised by the Reconstruction Acts, and those who had registered under the acts and had later refrained from voting. Such persons were not to be allowed to vote, register, or hold office. An oath was to be taken repudiating belief in the doctrine of secession, accepting the civil and political equality of all men, and agreeing never to attempt to limit the suffrage. "The only question is," they reported, "whether we have not been too liberal." It was necessary that all who registered be forced to vote in the election on pain of being disfranchised, in order to get a sufficient number of voters to the polls, though the report stated that Congress was not bound by the law of March 23 to reject the constitution if a majority did not vote; the convention had the right to say that men must vote or be disfranchised; as to the oath, any one who would refuse to take it had no faith in American principles and was hostile to the Constitution and laws of the United States.[1437]

The minority report[1438] objected to going beyond the acts of Congress in disfranchising whites. Lee (negro) said that such a course would endanger the ratification of the constitution and if the negroes did not get their rights now, they would never get them. He wanted his rights at the court-house and at the polls and nothing more. Charity and moderation would be better than proscription.[1439] Speed said that the measure would disfranchise from 30,000 to 40,000 men beyond the acts of Congress.[1440] Griffin of Ohio, speaking in favor of the majority report, said that "the infernal rebels had acted like devils turned loose from hell," and that his party could not stand against them in a fair political field; and therefore proscription was necessary. Another advocate of sweeping disfranchisement wanted all the leading whites disfranchised until 1875, in order to prevent them from regaining control of the government.[1441]

Numerous amendments were offered to the majority report. Haughey of Scotland wanted to disfranchise all Confederates above the rank of captain, and all who had held any civil office anywhere, or who had voted for secession. A stringent test oath was to discover the disabilities of would-be electors. Again, he wanted every elector to prove that on November 1, 1867, he was a friend of the Reconstruction Acts. He would have voters and office-holders swear to accept the civil and political equality of all men, and to resist any change, and also swear that they had never held office, aided the Confederacy, nor given aid or comfort to Confederates.[1442] Nearly all the amendments included a provision forcing the voter or office-holder to accept the political and civil equality of all men, and to swear never to change. Springfield of St. Clair thought that all who were opposed to Reconstruction should be disfranchised, and Russell of Barbour, with Applegate of Wisconsin, held that all Confederates should be disfranchised who had voluntarily aided the Confederacy.[1443]

D. H. Bingham of New York thought that voters should swear that on March 4, 1864, they preferred the United States government to the Confederacy, and would have abandoned the latter had they had the opportunity.[1444] Applegate thought that no citizen, officer, or editor who opposed congressional Reconstruction ought to be permitted to vote before 1875.[1445] Silsby of Iowa would also exclude from the suffrage those who had killed negroes during the last two years, who opposed Reconstruction, or dissuaded others from attending the election.[1446] Garrison of Blount wanted to disfranchise those who were in the convention of 1861 and voted for secession, Confederate members of Congress who voted for the conscription law, those disfranchised by the Reconstruction Acts, Confederates above the rank of captain, and state and Confederate officials of every kind above justice of the peace and bailiff.[1447] Skinner of Franklin wanted to disfranchise enough rebels to hold the balance of power. "We have the rod over their heads and intend to keep it there."[1448] The most liberal amendments were proposed by Peters of Lawrence, who would continue the disfranchisement made by Congress unless the would-be voter would swear that he was in favor of congressional Reconstruction. Rapier (negro) would have all disabilities removed by the state as soon as they were removed by Congress.[1449] The price of pardon in all ordinary cases was support of congressional Reconstruction.

The debate lasted for four days, and it was all that Swayne could do to prevent a division in the Radical party. An agent was sent to Washington for instructions. The violent character of the proceedings of the convention made the northern friends of Reconstruction nervous, and Horace Greeley persuaded Senator Wilson to exert his influence to prevent the adoption of extreme measures by the convention. Wilson wrote to Swayne that the convention and especially such men as D. H. Bingham were doing much harm to Reconstruction and to the Republican party. The northern Republican press generally seemed afraid of the action of the convention, and suggested more liberal measures. So we find Pope and Swayne advocating moderation.[1450] Peck, the president of the convention, still spoke out for the test oath and disfranchisement. It was necessary to secure the fruits of Reconstruction, and the test oath would keep out many; but, he said, if the old leaders, who were honorable men, should take the oath, they would abide by it,[1451] and Reconstruction would then be safe. The oath finally adopted, which had to be taken by all who would vote or hold office, was the usual oath to support the Constitution and laws with the following additions: "I accept the civil and political equality of all men; and agree not to attempt to deprive any person or persons, on account of race, color or previous condition, of any political or civil right, privilege or immunity, enjoyed by any other class of men; and furthermore, that I will not in any way injure or countenance in others any attempt to injure any person or persons on account of past or present support of the government of the United States, the laws of the United States, or the principles of the political and civil equality of all men, or for affiliation with any political party."[1452] It was finally settled that in addition to those disfranchised by the Reconstruction Acts others should be excluded for violation of the rules of war.[1453] They could neither register, vote, nor hold office until relieved by the vote of the general assembly for aiding in Reconstruction, and until they had accepted the political equality of all men.[1454] It was estimated that the suffrage clause would disfranchise from voting or holding office 40,000 white men. The oath was likely to exclude still more. Bingham thought the oath as adopted was a back-down, and demanded the iron-clad oath. The committee on the franchise wanted to prohibit the legislature from enfranchising any person unless he had aided in Reconstruction.[1455]

Legislation by the Convention

The convention organized a new militia system, giving most of the companies to the black counties. All officers were to be loyal to the United States, that is, they were to be reconstructionists. No one who was disfranchised could enlist. The proceeds of the sale of contraband and captured property taken by the militia were to be used in its support.[1456] Stay laws were enacted to go into force with the adoption of the constitution, also exemption laws which exempted from sale for debt more property than nineteen-twentieths of the people possessed.[1457] The war debt of Alabama was again declared void, and the ordinance of secession stigmatized as "unconstitutional, null and void."[1458] Contracts made during the war, when the consideration was Confederate money, were declared null and void at the option of either party, as were also notes payable in Confederate money and debts made for slaves. Bingham forced through an ordinance providing for a new settlement in United States currency of trust estates settled during the war in Confederate securities.[1459] Judicial decisions in aid of the war were declared void. Defendants in civil cases against whom judgment was rendered during the war were entitled to a revision or to a new trial.[1460]

The negroes were complaining about the cotton tax, and a memorial was addressed to Congress, asking for its repeal on the ground that when the tax was imposed the state had no voice in the government; that it was oppressive, amounting to 20 per cent of the gross value of the cotton crop, and fell heavily on the negroes, who were the principal producers; that for two years the tax had made cotton cultivation unprofitable, and had driven away capital.[1461]

A memorial to Congress was adopted by a vote of 50 to 6, asking that the part of the reconstruction law which required a majority of the registered voters to vote in the election for the adoption of the constitution be repealed. It was now seen that the Conservatives would endeavor to defeat the constitution by refraining from voting.[1462]

An ordinance was passed to protect the newly enfranchised negro voters. The penalty for using "improper influence" and thereby deceiving or misleading an elector was to be not less than one nor more, than ten years' imprisonment or fine of not more than $2000. The election was ordered for February 4, 1868, to be held under direction of the military commander. In order to bring out a large number of voters, elections were ordered for the same time for all state and county officers, and for members of Congress--several thousand in all. The officers thus elected were to enter at once upon their duties, and hold office for the proper term of years, dating from the legal date for the next general election after the admission of the state.[1463]

Among the scalawag members of the convention, who saw that the carpet-baggers would rule the land by controlling the negro vote, there was much dissatisfaction and at length open revolt. Nine members signed a formal protest against the proposed constitution, stating that a government framed upon its provisions would entail upon the state greater evils than any that then threatened.[1464] Another member protested against the test oath, against the extension of proscription, and against the absence of express provision for separate schools.[1465] The constitution was adopted by a vote of 66 to 8, 26 not voting. A few days after the adjournment, 15 or 20 scalawag members united in an address to the people of Alabama, protesting against the proposed constitution because it was more proscriptive than the acts of Congress, because of the test oath, because the course of the convention had shown that the government would be in the hands of a few adventurers under the control of the blacks, to whom they had promised mixed schools and laws protecting the negro in his rights of voting, eating, travelling, etc., with whites. For these reasons they urged that the constitution be rejected.[1466]

Just before the convention adjourned, Caraway (negro) offered a resolution, which was adopted, stating that the constitution was founded on justice, honesty, and civilization, and that the enemies of law and order, freedom and justice, were pledged to prevent its adoption. But he asserted that God would strengthen and assist those who did right; therefore he advised that a day be set apart "whereby the good and loyal people of Alabama can offer up their adorations to Almighty God, and invoke His aid and assistance to the loyal people of the state, while passing through the bitter strife that seems to await them."[1467]

A study of the votes and debates leads to the following general conclusion: The majority of the scalawags were ready to revolt after finding that the carpet-bag element had control of the negro vote; the negroes with a few exceptions made no unreasonable and violent demands unless urged by the carpet-baggers; the carpet-baggers with a few extreme scalawags were disposed to resort to extreme measures of proscription in order to get rid of white leaders and white majorities, and to agitate the question of social equality in order to secure the negroes, and to drive off the scalawags so that there would be fewer with whom to share the spoils.[1468]