To sum up: The early enrolment laws served to stimulate enlistment; the later ones probably had no effect at all except to give the Bureau something to do, and the law officers something on which to exercise their wits. The conscript service also served as an exemption board. It secured few, if any, enlistments that the state could not have secured, and certainly lost more than it gained by harassing the people. The laws were constantly violated by the state; this is proved by the enlistment of eighteen new regiments contrary to the law. It finally drove the state authorities into an attitude of nullification by its construction of the enrolment laws.

Neither the state nor the Confederate government had an efficient machinery for securing enlistments. If there ever were laws regarded only in the breaking, the Enrolment Acts were such laws. The conscripts and exempts, like the deserters, tories, and Peace Society men, are important, not only because they so weakened the Confederacy, but also because they formed the party that would have carried out, or at least begun, Reconstruction according to the plans of Lincoln and Johnson as first proclaimed. Many of these people became “scalawags” later, probably influenced to some extent by the scorn of their neighbors.

Sec. 4. Tories and Deserters

In Alabama opposition to the Confederate government took two forms. One was the rebellious opposition of the so-called “unionists” or “tories,” who later joined with the deserters from the army; the other was the legal or constitutional opposition of the old coöperation or anti-secession party, which maintained an unfriendly attitude toward the Confederate administration, though the great majority of its members were loyal to the southern cause. From this second class arose a so-called “Peace Party,” which desired to end the war on terms favorable to the South; and from this, in turn, when later it was known that such terms could not be secured, sprang the semi-treasonable secret order—the “Peace Society.” In 1864, the “tories” and the Peace Society began to work together. Peculiar social and political conditions will in part account for the strength and growth of the opposition in two sections of the state far removed from each other—in north Alabama and in southeast Alabama.

Conditions in North Alabama

To the convention of 1861 forty-four members from north Alabama were elected as coöperationists, that is, in favor of a union of the southern states, within the old Union, for the purpose of securing their rights under the Constitution or of securing safe secession. They professed to be afraid of separate state secession as likely to lead to disintegration and war. Thirty-one of these coöperationists voted against the ordinance of secession, and twenty-four of them (mostly members from the northern hill counties) refused to sign the ordinance, though all expressed the intention to submit to the will of the majority, and to give the state their heartiest support. When war came all espoused the Confederate cause.[237] The coöperationist party as a whole supported the Confederacy faithfully, though nearly always in a more or less disapproving spirit toward the administration, both state and Confederate.

North Alabama differed from other portions of the state in many ways. There was no railroad connecting the country north of the mountains with the southern part of the state, and from the northern counties it was a journey of several days to reach the towns in central and south Alabama. Hence there was little intercourse between the people of the two sections, though the seat of government was in the central part of the state; even to-day the intimacy is not close. For years it had been a favorite scheme of Alabama statesmen to build railroads and highways to connect more closely the two sections.[238] Geographically, this northern section of the state belonged to Tennessee. The people were felt to be slightly different in character and sympathies from those of central and south Alabama, and whatever one section favored in public matters was usually opposed by the other. Even in the northern section the population was more or less divided. The people of the valley more closely resembled the west Tennesseeans, the great majority of them being planters, having little in common with the small farmers of the hill and mountain country, who were like the east Tennesseeans. Of the latter the extreme element was the class commonly known as “mountain whites” or “sand-mountain” people. These were the people who gave so much trouble during the war, as “tories,” and from whom the loyal southerners of north Alabama suffered greatly when the country was stripped of its men for the armies. Yet it can hardly be said that they exercised much influence on politics before the war. Their only representative in the convention of 1861 was Charles Christopher Sheets, who did not speak on the floor of the convention during the entire session.

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