[996] Herbert, “Solid South,” p. 12.
[997] McPherson made a collection of extracts from various newspapers relating to his action in omitting the names of the southern members. Few of the editorials seem to indicate any belief that a grave constitutional question was to be settled. Most of the editors believed that he had exceeded his authority, but approved his action because the southern members were Democrats. The general opinion seemed to be that their politics alone was a cause of offence. See McPherson’s scrap-book, “The Roll of the 39th Congress,” in the Library of Congress.
[998] Globe, March 2, 1866.
[999] Swayne’s Report, Oct. 31, 1866, Sen. Ex. Doc., No. 6, 39th Cong., 1st Sess.
[1000] Acts of Ala. (1865-1866), p. 601.
[1001] Swayne’s Reports, Dec. 26, 1865, Jan. 31, 1866, and Oct. 31, 1866, in Ho. Ex. Doc., No. 70, 39th Cong., 1st Sess., and Sen. Ex. Doc., No. 6, 39th Cong., 1st Sess.; Patton’s Message, Jan. 16, 1866; N. Y. Times, Jan. 18, 1866; N. Y. Evening Post, Jan. 29, 1865; McPherson, “Reconstruction,” p. 21; McPherson’s scrap-book, “Freedmen’s Bureau Bill,” 1866.
[1002] McPherson, “Reconstruction,” pp. 21, 22; Act, approved Feb. 23, 1866, Penal Code of Ala., pp. 6-8; Acts of Ala. (1865-1866), pp. 121, 124.
[1003] Acts of Ala. (1865-1866), Act of Dec. 15, 1865; Penal Code of Ala., p. 12. The compilers of the Penal Code placed this act in the Code separate from the rest, as irreconcilable with the provisions of the Code and with other legislation. That is, they refused to codify it and left it for the courts to decide. The law was meant to suppress a common practice of encouraging negroes to steal cotton, etc., for sale.
[1004] Acts of Ala. (1865-1866), p. 98; Penal Code, pp. 164, 165. In one respect the negro had a better standing in court than the white: he was a competent witness in his own behalf, and his wife might also be a witness.