Civil War and Reconstruction in Alabama

by Walter L. Fleming

There was, according to the state laws of 1861, no provision for the negro in the courts, and Swayne asked Governor Parsons to issue a proclamation opening the courts to them and giving them full civil rights. He reminded Parsons that he (Parsons) was merely a military official, and that the law administered by him was martial law, which had its limits only in the discretion of the commander. Parsons and his advisers thought that the people would oppose such action and so refused to issue the proclamation.[1147]

Thereupon Swayne himself issued a proclamation, stating that exclusive control of all matters relating to the negroes belonged to him. He was unwilling, however, he said, to establish tribunals in Alabama conducted by persons foreign to her citizenship and strangers to her laws. Consequently, all judicial officers, magistrates, and sheriffs of the provisional government were made Bureau agents for the administration of justice to the negroes. The laws of the state were to be applied so far as no distinction was made on account of color. Processes were to run in the name of the provisional government and according to the forms provided by state law. The military authorities were to support the civil officials of the Bureau in the administration of justice. Each officer was to signify his acceptance of this appointment, and failure to accept or refusal to administer the laws without regard to color would result in the substitution of martial law in that community.[1148]

This order was remarkable for several reasons. In the first place, it was rather an arrogant seizure of the provisional administration and subordination of it to the Bureau. All officials were forced to accept by the threat of martial law in case of refusal to serve. Again, Swayne was not in command of the military forces of the state, though the army was directed to support the Bureau. This law gave to Swayne unlimited discretion, so that by a short order he practically placed himself at the head of the whole administration,—civil and military,—and throughout his term of service in Alabama he never allowed anything to stand in his way.[1149] Again, the act of March 3, 1865, provided that all officials of the Bureau must take the “iron-clad,” and it is doubtful if a single state official could have taken it. Swayne did not require it.

As soon as Swayne’s proclamation was made known, the majority of the judges and magistrates applied to Governor Parsons for instructions in the matter. Parsons, who disliked the Bureau, but who was a timid and prudent man, issued a proclamation requiring compliance, and even enforced compliance by removing those who refused and appointing in their places nominees of Swayne. The entire body of state and county officials finally signified their acceptance, and the negro was then given exactly the same civil rights as possessed by the whites.[1150] Had all the state officials refused to serve, there would have ensued an interesting state of affairs; an official of the Freedmen’s Bureau would have overturned the state government set up by the President. It was, however, done with a good purpose, and for a while worked well by not working at all. Swayne was a man of common sense, a soldier, and a gentleman, and honestly desired to do what was best for all—the negro first. He did not profess much regard for the native white, and he made it plain that his main purpose was to secure the rights which he thought the negro ought to have. Incidentally, he pursued a wise and conciliatory policy, as he understood it, toward the whites, for he saw that this was the best way to aid the negro. The work of the Bureau under his charge was probably the least harmful of all in the South, and for most of the harm done he was not responsible. General Swayne attributed what he termed his success with the Freedmen’s Bureau to the fact that he used at first the native state and county officials as his agents, and thus dispensed to some, extent with alien civilians and army officials, who were obnoxious to the mass of the people. The requisite number of army officials of proper character could not have been secured, and they would not have understood the conditions. The same was true of alien civilians. Even the best ones would have inclined toward the blacks in all things, and thus would have incensed the whites, or they would have been “seduced by social amenities” to become the instruments of the whites, or they would have become merchantable. In any case the negro would suffer. General Swayne said that he thoroughly understood that he was expected by the Radicals to pursue no such policy, and that he half expected to be forced from the service for so doing. Influence was brought to bear to cause him to change and with some success.

Later some few officials were removed, the most notable case being that of Major H. H. Slough and the police of Mobile.[1151] It was reported to Swayne that Slough was not enforcing the laws without regard to color. A staff officer was sent at once to Mobile to demand instant acceptance or rejection of Swayne’s proclamation. The mayor rejected it, and Swayne then informed Parsons that Mobile had to have either a new mayor, or martial law and a garrison of negro troops.[1152] Parsons yielded, and made all the changes that Swayne demanded. Two commissions were made out,—one appointed John Forsyth as mayor, and the other, F. C. Bromberg, a “Union” man. Swayne was to deliver the commission he wished. He went to Mobile and decided to try Forsyth, who at that time was down the bay at a pleasure resort. Swayne went after him in a tug, and met a tug with Forsyth on board coming up the bay. He hailed it and asked it to stop, but the tug only went the faster. He chased it for several miles,[1153] and at length the pursued boat was overtaken. Swayne called for Forsyth, and all thought that he was to be arrested. But to the great relief of the party the appointment as mayor was offered to him, and Forsyth soon decided to accept the office. As Swayne said, he was a “hot Confederate,” a Democrat, and would fight, and no one would dare criticise him. He soon had the confidence of both white and black.[1154]

The order admitting the testimony of and conferring civil rights upon the negro was favored by most of the lawyers of the state. The “testimony” was the fulcrum to move other things. The tendency of the law of evidence is to receive all testimony and let the jury decide. So there was no trouble from the lawyers, and their opinion greatly influenced the people. None of the respectable people of Alabama were opposed to allowing the negro to testify. They were not afraid of such testimony, for no jury would ever convict a reputable man on negro testimony alone. This was one objection to it—its unreliability and consequent possible injustice.

Bureau supported by Confiscations

Landlords were prevented from evicting negroes who had taken possession of houses or lands until complete provision had been made for them elsewhere. Thus the negroes would do nothing and kept others from coming in their places.[1155] “Loyal” refugees and freedmen were made secure in the possession of land which they were cultivating until the crops were gathered or until they were paid proper compensation.[1156] Little captured, abandoned, or confiscated private property remained in the hands of the Bureau officials after the wholesale pardoning by the President. As soon as pardoned, the former owner regained rights of property except in slaves, though the personal property had been sold and the proceeds used for various purposes.[1157] There was, however, a great deal of Confederate property and state and county property that had been devoted to the use of the Confederacy. In every small town of the state there was some such property—barns, storehouses, hospital buildings, foundries, iron works, cotton, supplies, steamboats, blockade-runners. An order from the President, dated November 11, 1865, directed the army, navy, and Treasury officials to turn over to the Freedmen’s Bureau all real estate, buildings, and other property in Alabama that had been used by the Confederacy. The sale of this property furnished sufficient revenue for one year, and, until withdrawn several years later, the educational department was sustained by the proceeds of similar sales.[1158] The failure of Congress to appropriate funds made it almost necessary to use state officials as agents, as there was no money to pay other agents. The Confederate iron works at Briarfield were sold for $45,000, three blockade-runners in the Tombigbee River for $50,000, and some hospital buildings for $8000. There was besides a large amount of Confederate property in Selma, Montgomery, Demopolis, and Mobile. Of private property, at the close of 1865, the Bureau was still holding 2116 acres of land and thirteen pieces of town property.[1159] A year later all of this property, except seven pieces of town property, had been restored to the owners.[1160]

In 1866 a blockade-runner was sold for $4000 and a war vessel in the Tombigbee for $27,351.93. The expenses of the Bureau in 1865, so far as accounts were kept, amounted to $126,865.77.[1161] This sum was obtained from sales of Confederate property. There was, also, a tax on contracts of from 50 cents to $1.50, and a fee on licenses for Bureau marriages. But the money thus obtained seems to have been appropriated by the agents, who kept no record. Rations were issued by the army to the Bureau agents and there was no further accountability. No accounts were kept of the proceeds from the sales of abandoned and confiscated property, a neglect which led to grave abuses. All records were confused, loosely kept, and unbusinesslike. There were, also, funds from private sources at the disposal of the authorities, besides the appropriations of 1866 and 1867, those in the former year being estimated at $851,500. There was little or no supervision over and no check on the operations of the agents. It has been stated that the salaries proper of the Bureau agents in Alabama amounted to about $50,000 annually.[1162] State officials acting as agents received no salaries. It is impossible to ascertain the amount expended in Alabama, though the entire expenditure accounted for in the South was nearly twenty million dollars; much was not accounted for.