INTRODUCTION.
There is, perhaps, nothing within the sphere of human operations which more affect the present and future generations, either for good or evil, than a faithful narration of history and biography. But the effects, either for better or worse, depend pretty much on the comments and conclusions of the historian and biographer themselves. He may have an unprejudiced mind, he may chronicle the events of a nation faithfully and correctly, and he may be capable of delineating the mighty strokes and nicer shades of individual character with all the force and brilliancy which extraordinary genius can command; but if his deductions or inferences be unsound or erroneous, the effects will extend to all parts of society, both the present and the future.
For instance, and as an illustration, the poet said of Lord Bacon:
“The greatest, the wisest, and the meanest of mankind.”
This is a forcible declaration, and one that belongs to the true philosophy which others must adopt before they can be the real benefactors of mankind. Had the poet gone further, and particularized the conduct of this great man, in what consisted his exalted virtues, and wherein he has contributed so much to the benefit of after ages—giving him credit for all this, and stamping it with true glory, admiration and immortality—holding up the same as worthy of imitation for aspiring youth; and then followed by a painful portrayal of his enormous vices which have had their share in producing so much corruption and misery on society at large—making manifest, according to the declaration of another poet, that “an honest man is the noblest work of God;” and that it is far better to be honest, though humble, than to have a combination of character of all which is great and all which is mean; let it be repeated, had the poet drawn his lines in some such manner, far happier might have been the result.
Again, war is the scourge of humanity. Of all woes, there are none which can be compared to the horrors of protracted warfare. Neither tongue nor pen can adequately depict the miseries which flow in the train of consequences. The rust, disease, exposure and pestilence of camp life; the crowded hospitals of accumulated wretchedness; the sweat and smoke—the blood and groans of the red battle-field; these form but a very small part of the dire afflictions which flow from hostile collisions of this nature—to say nothing of the burdens entailed on posterity by waste of treasure—leaving an interminable debt to oppress generations yet unborn!
Here the fashionable historian has a fine field to work in. In dazzling colors he gilds and paints in profusion. He largely expatiates on the stratagems, the manœuvering, and the master strokes of policy displayed by the commanding General. In matchless grandeur he draws his lines, made conspicuous by gleaming swords and bristling bayonets. He plants his thundering batteries on every eminence within the scope of vision. Now open the scenes of death and carnage. Red flashes, black smoke and leaden hail extend from every spot of falling conflict. Hand to hand, foot to foot, breast to breast. First one and then another of distinguished officers dropping, “covered all over with immortal glory.” Grounds taken and retaken. One wing giving away, another pressing victoriously onward over heaps of the slain. Here stubbornly contested, then riding on the fiery wings of battle overpowering all opposition—producing rout, defeat and dreadful slaughter on every road of retreat. Such animating descriptions animate other armies and other Generals. Not only is the impetuous enthusiasm of the common soldier excited, but also the ardor and emulation of the General himself. The young, the old—all seem to desire more opportunities to occur for the exercise of prowess, as well as for further demonstrations of martial glory. But it is quite possible to conceive how the historian could have produced quite a contrary effect. By degrading all that appertains to warfare, and by holding up to public scorn and indignation the brutal and hellish scenes involved for purposes of rapine, plunder or false notions of honor; by descriptions of this sort war might be held in a very different estimation to what it now is.
But is the present course of the historian’s pen altogether erroneous? Perhaps not. The inordinate rapacity and selfishness of human nature must be taken into account. The overpowering propensity for conquest, might against right, must be considered. A nation extremely rich in agricultural productions, in manufacturing commodities, and in everything else pertaining to wealth, yet effeminately weak in spirit and incompetent for physical protection, will stand a poor chance against the trained hordes who prefer plunder and conquest to any other pursuit. So far, then, the historian’s pen is not misapplied in keeping alive and active the bravery and martial spirit of a nation to secure its own against the unscrupulous encroachments of other nations, or against the wild infatuations of parts of the same nation.
In this department the true and correct province of the pen is to encourage, by all honorable means, bravery, magnanimity, and all other generous traits of a great nation, consistent with safety or security in the future, determined to maintain the right, and equally so not to yield anything to wrong through abject fear of consequences; at the same time favoring forbearance and exhausting all honorable means before the last resort of warfare be put in execution; while not forgetting to impress that external warfare or internal rebellion generally leave behind worse evils than those intended to be removed. A little reflection, then, must convince all of the vast and mighty influences which the historian and biographer exercise on society and nations at large, either for good or evil, according to the range or sphere occupied.
The life of the condemned criminal, James Copeland, who expiated his blood-stained career on the scaffold, together with the history of the alarming and extensive clan, which, for many long years, produced a perfect reign of terror over such a broad expanse of territory in this nation, and of which said James Copeland formed one of the principal leaders in the clan—clearly showing the causes which favored the progress, as well as the causes which produced dismemberment and final dissolution—such a life and history cannot fail, even at this late date, after so long an interval of unavoidable interruption, of materially interesting and benefitting the public at large.
James Copeland was executed in 1857. His life and the history of the clan were published in 1858. The sale of the work was progressing wonderfully when a ruinous prosecution commenced against the author in Mobile, in another State, Alabama, for libel on several parties by the names of Messrs. Overall, Moulton and Cleaveland; the former being the principal actor in this prosecution, at least overtly so. This circumstance, in connection with the crippling of the author’s pecuniary resources, together with the all-absorbing questions involved in the late internal war, through which we have just passed, prevented any but the first edition from appearing, which only circulated in a very limited extent of territory.
The obstacles here referred to are now pretty much out of the way. Opportunity is offered for republication on a far broader basis than before. Time is the corrector of errors and excesses. Heated passions give way to sober reason. In the enlarged edition which will shortly appear, impartial minds will at once discover that the principal object is to do justice to all—injury to no one; but this course will not exclude the guilty from exposure, yet it will endeavor to exonerate the innocent who may have been accused through misnomer or by inadvertent mistake.
Great and influential men league together, sometimes for worthy purposes, but often for unworthy ones. It is very easy to entertain the idea that a young man just setting out in the public walks of life without the prestige of the distinguished, can easily be broken down, no matter how foully the means resorted to for accomplishment. It is strange that Governor McWillie, of the State of Mississippi, should have so tamely and willingly given up the author to the laws of another State, and more especially to the particular locality where the designing influence of the prosecutors so widely extended, while well knowing that the author could have had no motive or interest in accusing or misrepresenting any—not previously knowing anything, either of name or person, in relation to the prosecuting parties, either of good or bad—only publishing in substance the unaltered revelations as made by the convict himself, the truth of which he sealed with his last dying breath on the scaffold; and while Governor McWillie, with hundreds of others, have known from previous experience the truth of the principal particulars as related by Copeland himself. This notorious clan was not only a terror to almost every part of this State, but also of many others. But all this belongs to the past, and is only now alluded to in order to give a right understanding of all the facts and circumstances connected with the whole affair from beginning to end.
Truth and justice, by oppression and by forces foul, may be held down for awhile, but the increasing and progressive power of the springs will break and throw off the impediments—again bursting forth in vigor and strength not to be crushed nor repressed by sophistry nor by the influences of money and distinguished officials.
G. Y. Overall was the principal open prosecutor of the three. It was clearly evinced on trial that there were other Overalls, and, to the satisfaction of the jury, it was to one of these whom Copeland referred to in his confessions; consequently, the public sentiment was in no way changed or weakened by the proceedings of the trial; but, on the contrary, was largely strengthened in favor of the substantial truths of the confessions.
Hon. P. Walker, the counsel for defense, maintained the same; and, further, that G. Y. Overall had not a shadow of right on his side for instituting the prosecution.
The author is frank to confess, from the testimony produced on trial, that G. Y. Overall established his innocence so far as he was concerned in point of time as specified in Copeland’s confessions. But if this had been his only object, why not have rested satisfied with a verdict in his favor which could not have failed to have been rendered without any injury to either the author or the “confessions?” Why did he, in combination with others, resort to means so disreputable, as will afterwards be shown, to crush the author or publisher, who before did not know him, and could not have had any enmity or sordid motive against him, as well as for the purpose of destroying the “confessions,” the major parts of which were well known to be strictly true? Why one part of the witnesses so infamous and in every way so suspicious? Why the strange and oscillating conduct of the Judge in varying his charges to the Jury at different stages of progress? Why, contrary to all modern usage, hold confined the jury for six long days and nights with an express and determined resolve not to release when there appeared to be no prospect of an agreement on a verdict? Why so many cunning inlets to and tampering with parts of the jury? Why, when it was worn out by fatigue and loss of rest, was the last stratagem resorted to for delusion to the effect that it was hardly worth while holding out when the penalty, if any at all, would be nothing more than a slight fine? Why the low, the despicable, and the underground agencies set at work to poison the mind of a then intended wife, and to sever the agreement of marriage which had been made in good faith on both sides? If G. Y. Overall had meant nothing more than the establishing of his own innocence as regards the confessions made, and which he unwarrantedly applied to himself, why so many mysterious forces at work and so much of corruption put in play? By endeavoring to establish too much, reaction often follows which sometimes satisfies that too little has been effected to produce any benefit to the complainer.
Public disapproval of the verdict, universal sympathy which followed the author everywhere, even within the confines of his prison—a stranger in Mobile, yet on every hand met with kind treatment both in this city and elsewhere from afar, all giving testimony against this uncalled for and malignant prosecution. Mr. Overall and company’s victory was dearly bought, and left them in a far worse condition than before they commenced.
For proving too much, a miserable subterfuge was tried to make appear that Copeland was deranged, was a maniac, and his statements entirely unworthy of credit. A more signal failure could not have been attempted. If he was non compos mentis, the law grievously erred in causing his execution. Those who knew him well, those who visited him long and often in his prison, can testify to his extraordinary strength of mind. Brave and undaunted, affable in deportment, a tenacious memory, with all other indications of mental vigor, the chances are very small of making impressions touching his insanity. And all this in the face of those localities which suffered so much from the depredations of the clan, which localities can vouch for the truth of his confessions. But the jury of inquest, on an artful plea raised at the time of his trial settles this question. A man with certain death before his eyes, with not even the remotest hope of any possibility of escape, is not governed as other men are under ordinary circumstances of business and duplicity. If, to the double-dealers and the reserved, his conduct appears strange in the exposure of his associates, how much more so in the reflections on his own mother? The testimony of a dying man, given freely and without any deceptive or compulsory force, is generally considered reliable. The circumstances under which he made his confessions, having in view his fast approaching end to all earthly scenes, the internal evidences of truth which they bear, the numerous localities which can confirm the facts as in them contained, all tend to produce convictions as to the substantial accuracy of his narrations. In his last moments before the fatal drop launched him into an endless eternity, in reference, read the following certificate, correctly transcribed, as given by an eye witness in reply to an application from the author:
Mobile, Ala., July 31st. 1873.
This is to certify that I was present at the execution of James Copeland, who was executed at Augusta, Perry county, Miss., the 30th day of October, 1857; and heard the Sheriff, J. R. S. Pitts, ask him, the said James Copeland, if the detailed history and list of names given as members of the Wages and Copeland clan were correct, and he answered the Sheriff in the affirmative that they were.
T. C. Carter.
Office 58, North Commerce st., Mobile, Ala.
Other equally reliable certificates could be given to the same effect, but the one here transcribed will suffice. The person whose signature is above given, is respectfully known pretty much throughout the City of Mobile, as well as over the greater part of Mississippi, and whose veracity none will attempt to dispute.
Let it be borne in mind that the existence of this clan continued for a great number of years, its fields of operations extended from State to State—from shore to shore. Here murder and prodigious rapine; there burning wrecks, with hurried flights from place to place to avoid capture and the pursuits of retributive vengeance—frequently succeeding, but now and then failing for short periods of time until the reserves in men, in money, and in officials or leagued members of the bar could be brought to bear for rescue or for jail delivery by process of law. Amid all these chequered scenes of success and adversity, it would not be impossible for some unintentional errors of date to have intervened; yet, intrinsically, such errors may be of a character as not, to the smallest extent, to affect the validity or value of the “confessions” made; but still, errors of this sort, may furnish fine capital for indirect sore-headed associates to rave and foam. As a simple illustration on this point, one man saw another commit a crime on the 15th, but, on investigation, it turned out to have been done on the 16th. Now, had he stated “on or about the 15th,” all would have been complete; but will any one contend because of the omission of this “or about,” the whole value of the statement is destroyed?
Again, typographical errors will occur in almost all printed productions, to a greater or less extent. Such errors are sometimes insignificant and sometimes material. In the original work, as first published, some few typographical errors have been discovered. For instance, “Shonesmack” should have been Shoemake or Scheumake; but the idea of raising a fuming warfare because of such sort of errors as these, is sublimely ridiculous.
After some hesitation about propriety, the author has decided to re-publish the same as appeared in the first edition, with such few appended explanations and corrections as are necessary for distinct comprehension by the reader.
Filial acknowledgements and a tribute of respect for the father, but mother, brothers, and associates, Copeland spared none. Without reserve—without restraint—simple and without any object of complication, truth fell fast and spontaneously during the short time he had to live. The philosopher, the statesman, and the moralist—all may deduce lessons of value to the future from his confessions. Reflections on his mother show the mighty force and influence which the female parent exercises on youth and maturity. “The rule is bad that will not work both ways.” If in this case the mother produced so much of evil fruit, a contrary or an opposite one must produce contrary results—hence, the vast importance of mothers both to the present and rising generations.
The Murrell clan first, then the Wages and Copeland next. Both organizations came to a tragic end. Astounding as the fact may be, there are some who prefer a life of blood and plunder and terror, to peaceful industry and the blessings of orderly society. If the life and history now under consideration should fall into the hands of some of this class, let them not indulge in the flattering unction that but for this or the other error committed, the career of the clan might have continued indefinitely. Let no such fatal delusions be cherished for a moment. Under a system of semi-civilization, where laws are only a mock farce, where amount of money is the measure of guilt or innocence; where judges on the bench, executive officials, rings, cliques, lawyers, demagogues, and even a number of the clerical order—Mr. McGrath as an instance—all operate, not according to the principles of right in consonance with the benign influences which tend towards a rule of natural order and justice, but in conformity with corrupt and sordid motives for political considerations to secure wealth and power, no matter how foul the means; under such an unhealthy condition of circumstances, organizations like the Murrell, the Wages and Copeland, however assiduously and indirectly supported by men of wealth and distinction, however bold and able the actors, cannot permanently continue. Such combinations of lawlessness for murder and plunder, incendiarism and all the other darker crimes which belong to depraved natures, must terminate in death and dissolution; but it so generally happens that the less guilty end their career on the scaffold or in some other way by the hands of an outraged community; while the higher grades of participant criminals, of larger calibre of brain, are left to revel on the spoils for which the less fortunate have had to suffer the pains of an ignominious death.
Organizations of such vast and gigantic magnitude, are incidents of a rude and transition state of society, where population is sparse, where means of protection are sadly at fault, and where so many hardened criminals make their escape through the mock forms of trials in courts, not of justice, but of ignorance and corruption under the name of liberty and a scrupulous tenderness in behalf of a spurious or false sentimental color of humanity; but in proportion as population increases, so also must detection and protection, with a better administration of law and justice increase in the same ratio, even if the forms of government have to be changed for the accomplishment of the same. Wealth cannot accumulate long without chaos and anarchy, unless protection of life and property be commensurate.
But often the closing era of such terrible organizations for bold and daring depredations on the better portions of society, then begin other organizations of less dimensions, but more dangerous, because more subtle and refined, and in every way harder of detection.
There is something terrible, or, at least, alarming in conception awakened by the names of clans and bands; but different as regards rings and cliques. These last control legislation the executives and cabinets, and nearly the whole of the judicial rings. They are the arbiters of aspirants of every description—generally according to the price or consideration offered. But there is yet another lower grade of rings and cliques, composed of subordinate officers, picayune members of the bar, and low-down reckless strikers. When money or other sorts of gain is to be made, these strikers are set to work, and if they become involved in law difficulties, the cheap lawyers, with the assistance of the officials, are always at hand to liberate the offending culprits. Former methods of murder, conflagration and high-handed robbery have been exchanged for more intricate forms of conquest and gain.
Whoever ventures an exposure of the fashionable vices of influential circles—whoever assails the citadels and strongholds of crime and corruption, must not expect to elude numerous and deep-laid conspiracies for the sacrifice of life, which, if he escape falling a victim, he will be more than fortunate. Even so far, the author has bitterly experienced all this. The marvel is that he is yet alive and determined to continue in stronger terms than before exhibited—relying on invincible truth and the better portions of society to bear him up through the ordeal which he has to encounter. Although he has suffered much, and has had many “hair-breadth escapes” from the plots and snares laid for his destruction.
The subsequent part of the Appendix will inform the reader of several infernal concoctions for assassination when attempts at intimidation failed. The first of these will embrace particulars in the period betwixt the publication and the author’s arrest, and the other about three years after the trial had terminated. The period betwixt publication and arrest cannot be devoid of interest to the reader—it is a prelude to the important trial which followed. The incidents involved during the time here referred to have ponderous bearings, in a circumstantial point of view, toward establishing the substantial correctness of Copeland’s confessions, although intended to invalidate them and make a nullity of the whole.
During imprisonment Copeland seemed to fully comprehend the profound plans and commanding power of one by the name of Shoemake. This is the man who played so conspicuous a part before and on trial in combination with the three prosecuting parties of Mobile. The arch-enemy of all mankind cannot surpass him in perfidious deception.
“With smooth dissimulation well skilled to grace,
A devil’s purpose with an angel’s face.”
He who it was who first addressed a letter of almost matchless duplicity to the author, while residing in Perry county, under a forged or fictitious signature. He who it was who next visited the author in person, first to try the arts of persuasion, and then the designing influences of intimidation, but in either case without the desired effect. After this, he it was who entered into compact with the prosecuting three, of Mobile, bore the requisition from the Governor of Alabama to the Governor of Mississippi for the rendition of the author, and, in the circumstances connected with the arrest, acted in such a mysterious and suspicious manner as could leave no doubt that he contemplated the life of the author under a plausible pretext of resistance to lawful authority. But this object was signally defeated. A considerable number of good citizens quickly collected together, well armed for protection, and volunteered to accompany the author under arrest to Mobile, which they accordingly did, and effectually secured his safety.
The trial followed next. By careful attention to the circumstances connected with it much information may be gathered, showing the force of political considerations, and how hard the task for truth and justice, in the first efforts, to gain a triumph over a combination of wealth and intellect leagued together for bad purposes. For instance, the presiding Judge, McKinstry, could have had no personal prejudice or enmity against the author, and in his heart might have rejoiced over the dissolution of the clan, but his palpably reprehensible conduct on trial furnishes convincing evidence that he was influenced by other considerations than those of law and justice. To this fact Dr. Bevell, one of the impaneled jurymen on the case, had his eye turned in the references to the Judge’s conduct and political considerations, which references will be found in his letter published in another part of the work.
On the days of trial the notorious character of this said Shoemake was made public and manifest. He was the principal witness relied on in the prosecution. Another, equally infamous, as demonstrated by the most satisfactory of testimony, by the name of Bentonville Taylor, was brought from afar in rags and poverty, and sent back in costly attire with money in profusion. Does the impartial judgment require anything more to produce conviction of the shameful features of the prosecution? If so, he will find much more before he gets through the particulars of the trial. Added to this, the almost universal outburst of sympathy in behalf of the author, with letters of condolence from distant parts, all of which will be found in the proper places of the work.
Under circumstances so adverse it is not to be expected that Copeland, in his confession, could give more than a small fractional part of the transactions of the whole clan. Since then a number and variety of interesting matters have been collected from the most authentic of sources, and will be found in the appropriate place of this pamphlet.
The subject of crime opens an almost inexhaustible expanse for expatiation. An elaborate treatise on its causes and remedies is too prolix for a work of this nature—only a few passing observations on this theme will be found interspersed, which are relevant and have a direct bearing on the main topics discussed.
And now, in closing this introductory part, the author wishes the public to understand that he has no personal animosity against those who so wrongfully deprived him of his liberty, ruined him with expenses, and encompassed his life in so many intricate ways. He has not indulged in any revengeful passions, but has endeavored to strictly confine himself to the unprejudiced and impartial province of the historian and biographer—according merit where due, and with propriety denouncing crimes, corruptions and unhealthy conspiracies whenever they come in the way. And, if in so doing, he is to endure a repetition of persecutions and prosecutions, with fresh dangers added, he will try to bear them with all the fortitude he can command, with the hope that the peaceably and honestly disposed parts of the community will rally for the pulling down the edifices of vice, and for establishing a better, a purer and a healthier condition of society.