CHAPTER TWO
Native Government
But meanwhile, having announced his policy in reorganizing the southern states, President Johnson in the summer of 1865 appointed Lewis E. Parsons, of Talladega, provisional governor of the state of Alabama, and that gentleman entered upon the discharge of his duties. There was popular approval of the appointment. Parsons was a native of New York, but long a resident and practicing lawyer in Talladega, an uncompromising Whig and Union man, possessing fine abilities and much dignity.
On July 20 Governor Parsons published a proclamation directing that an election be held in each county on August 3 for delegates to a state convention to assemble on September 12, 1865. Accordingly, intelligent and patriotic delegates were chosen in all the counties, and the convention met at the capitol in Montgomery, with Benjamin Fitzpatrick presiding. That convention, dealing with the constitution, abolished the ordinance in relation to the institution of slavery, declared null and void the ordinance of secession and other ordinances and proceedings of the convention of 1861; adopted ordinances repudiating the war debt, and provided for an election for state, county and municipal officers and members of Congress, and assembling of the legislature on the third Monday in November, 1865. The convention then adjourned, subject to call of the presiding officer.
Worthy of note here is the fact that Alabama, in its sovereignty, and represented by some of its best citizens, abolished slavery within its borders. Alexander White, who subsequently was among the first to adopt “the new departure” (acquiescence in all the measures of reconstruction), was the only delegate in the convention who voted against the proposition to make abolition of slavery constitutional; but outside the convention, Governor Parsons and Samuel Rice, also to become “new departurists,” concurred with him; while General Clanton, who was the wise and fearless leader of the Democratic party from its reorganization until the day of his tragic death, advocated both that measure and the extension of civil rights to the negroes.
And also worthy of note is the fact that Judge Brooks, of Selma, judge Goldthwaite, of Montgomery, and others of unquestioned loyalty to their people, shortly after in the legislature advocated qualified suffrage for negroes. This was prior to the advent of carpetbaggers and organization in Alabama of the Republican party.
Under this authority, an election was held, and the legislature then elected assembled on November 20, 1865, and ratified the amendments to the federal Constitution, excepting the fourteenth. That was regarded as equivalent to a bill of attainder, depriving vast numbers of the rights of citizenship without trial. The legislature comprised a majority of men who had been anti-secessionists—the senate at least two-thirds; but they had held offices before the war and served the Confederate government. The legislature rejected the fourteenth amendment; its adoption would have been political suicide for the members. It enacted a law to protect freedmen in Alabama in their rights of person and property. The federal authorities were duly notified of the proceedings, and on December 18, 1865, Governor Parsons received from Secretary of State Seward a telegram saying that “in the judgment of the president the time had arrived when the care and conduct of the affairs of Alabama could be remitted to the constitutional authorities chosen by the people thereof without danger to the peace and safety of the United States”, and directing him to transfer to his excellency the governor of Alabama, the papers and property in his hands. Accordingly, on December 10, 1865, Robert M. Patton, of Lauderdale, was inaugurated governor, and Parsons retired.
(Patton was a Virginian, long settled as a merchant in northern Alabama. As a Whig, he had served in both houses of the legislature and become president of the senate. In the election of 1865, he defeated Colonel M. J. Bulger. He was intelligent and painstaking in the discharge of duties. Patton continued in the office of governor until 1868, several months beyond the full term, pending action by Congress respecting the results of the election of that year, when he was displaced by operation of the reconstruction acts. During his incumbency a federal military commander, supported by soldiers stationed in the capitol, supervised all of his appointments and official acts.)
As evidence of confidence, the legislature elected former Governor Parsons United States senator for the term ending March 3, 1871. At the same time, it chose George S. Houstan for the term ending March 3, 1867, and John Anthony Winston for the term of six years, commencing March 4, 1867.
At the election in November, 1865, C. C. Langdon was elected to Congress from the first district: George C. Freemen, from the second; Cullen A. Battle, from the third; Joseph W. Taylor, from the fourth; Burwell T. Pope, from the fifth, and Thomas J. Foster, from the sixth.