On the part of all in the northern counties there was a strong desire for delay in secession, and they were angered at the action of the convention in not submitting the ordinance to a popular vote for ratification or rejection. Many thought the course taken indicated a suspicion of them or fear of their action, and this they resented. Their leaders in the convention expressed the belief that the ordinance would have easily obtained a majority if submitted to the popular vote.[239] Much of the opposition to the ordinance of secession was due to the vague sectional dislike between the two parts of the state. It was felt that the ordinance was a south Alabama measure, and this was sufficient reason for opposition by the northern section. Throughout the entire session a local sectional spirit dictated their course of obstruction.[240] In January and February of 1861, there was some talk among the discontented people of seceding from secession, of withdrawing the northern counties of Alabama and uniting with the counties of east Tennessee to form a new state, which should be called Nick-a-Jack, an Indian name common in East Tennessee.[241] Geographically, this proceeding would have been correct, since these two parts of the country are closely connected, the people were alike in character and sentiment, and the means of intercourse were better. The people of the valley and many others, however, had no sympathy with this scheme. Lacking the support of the politicians and no leaders appearing, the plan was abandoned after the proclamation of Lincoln, April 10, 1861. Had the war been deferred a few months, it is almost certain that the discontented element of the population would have taken positive steps to embarrass the administration; many believed that reconstruction would take place. Only after four years of war was there after this any appreciable number of the people willing to listen again to such a proposition. In February, 1861, Jeremiah Clemens wrote that Yancey had been burned in effigy in Limestone County (something that might have happened at any time between 1845 and 1861); that some discontent still existed among the people, but that this was daily growing weaker, and unless something were done to excite it afresh, it would soon die out.[242] Mr. John W. DuBose, a keen observer from the Cotton Belt, travelled on horseback through the northern hill counties during the winter of 1861 and 1862 as a Confederate recruiting officer. Thus he came into close contact with all classes of people, eating at their tables, sleeping in their beds, and in conversation learning their opinions and sentiments on public matters. He saw no man, he says, who was not devoted to the Confederacy. Several of the first and best volunteer regiments came from this section of the state, and in these regiments there were whole companies of men none of whom owned a slave. In order to preserve this spirit of loyalty in those who had been opposed to the policy of secession, Yancey and others, after the outbreak of the war, recommended a prompt invasion of the North.[243]

Unionists, Tories, and Mossbacks

Before secession, the term “unionist” was applied to those who were opposed to secession and who wished to give the Union a longer trial. They were mostly the old Whigs, but many Democrats were among them. Then again the coöperationists, who wanted delay and coöperation among the states before secession, were called “unionists.” In short, the term was applied to any one opposed to immediate secession. This fact deceived the people of the North, who believed that the opposition party in the South was unconditionally for the Union, and that it would remain in allegiance to the Union if secession were attempted. But after secession this “union” party disappeared.

The “tories” were those who rebelled against the authority of the Confederate States. Some of them were true “unionists” or “loyalists,” as they were called at the North. Most of them were not. The “mossback,” who according to popular belief hid himself in the woods until moss grew on his back, might or might not be a “tory.” If he were hostile to the Confederacy, he was a “tory”; if he was simply keeping out of the way of the enrolling officers, he was not a “tory,” but a plain “mossback” or “conscript.” When too closely pressed he would either become a “tory” or enter the Confederate army, though he did not usually remain in it. The “deserter” was such from various reasons, and often became a “tory” as well; that is, he became hostile to the Confederacy. Often he was not hostile to the government, but was only hiding from service, and doing no other harm. The true “unionists” always claimed great numbers, even after the end of the war. The North listened to them and believed that old Whigs, Know-nothings, Anti-secessionists, Douglas Democrats, Bell and Everett men, coöperationists—all were at heart “Union” men. It was also claimed that the only real disunion element was the Breckenridge Democracy. Such, however, was not the case. Probably fewer of the old Whig party than of any other were disloyal to the Confederacy. So far as the “tory” or “loyalist” had any politics, he was probably a Democrat, and the more prominent of them had been Douglas Democrats. The others were Douglas and Breckenridge Democrats from the Democratic stronghold—north Alabama.[244] Very few, if any, Bell and Everett men were among them. The small lower class had no party affiliations worth mentioning. During the war, the terms “unionist” and “tories” were very elastic and covered a multitude of sins against the Union, against the Confederate States, and against local communities. With the exception of those who entered the Federal army the “tories” were, in a way, traitors to both sides. North Alabama was not so strongly opposed to secession as was east Tennessee,[245] nor were the Alabama “unionists” or “loyalists,” as they called themselves, “tories” as other people called them, of as good character as the “loyalists” of Tennessee.

The Alabama tory was, as a rule, of the lowest class of the population, chiefly the “mountain whites” and the “sand-mountain” people, who were shut off from the world, a century behind the times, and who knew scarcely anything of the Union or of the questions at issue. There was a certain social antipathy felt by them toward the lowland and valley people, whether in south or in north Alabama, and a blind antagonism to the “nigger lord,” as they called the slaveholder, wherever he was found. In this feeling the women were more bitter than the men. Secluded and ignorant, they did not feel it their duty to support a cause in which they were not directly concerned, and most of them would have preferred to remain neutral during the entire war, as there was little for them to gain either way. As long as they did not have to leave their hills, they were quiet, but when the enrolling officers went after them, they became dangerous. To-day those people are represented by the makers of “moonshine” whiskey and those who shoot revenue officers. They were “moonshiners” then. Colonel S. A. M. Wood, who caught a band of thirty of these “tories,” reported to General Bragg, “They are the most miserable, ignorant, poor, ragged devils I ever saw.”[246] Many of the “tories” became bushwhackers, preying impartially on friend and foe, and especially on the people of the rich Tennessee valley.[247]

Growth of Disaffection

The invasion of the Tennessee valley had discouraging effects on the weaker element of the population, and caused many to take a rather degrading position in order to secure Federal protection for themselves and their property. To call the tories and those who submitted and took the oath “unionists” would be honoring them too highly. Little true “Union” sentiment or true devotion to the United States existed except on the part of those who enlisted in the Federal armies. In October, 1862, C. C. Clay, Jr., wrote to the Secretary of War at Richmond that the Federal invasion had resulted in open defiance of Confederate authority on the part of some who believed that the Confederacy was too weak to protect or punish. Even loyal southerners were afraid to be active for fear of a return of the Union troops. Some had sold cotton to the Federals during their occupation, bought it for them, acted as agents, spies, and informers; and now these men openly declared for the Union and signed calls for Union meetings. Huntsville, Mr. Clay stated, was the centre of disaffection.[248] But in April, 1863, a northern cotton speculator reported that there were but few “true Union men” at Huntsville or in the vicinity.[249]

Though not fully in sympathy with the secession movement, the majority of the people in the northern counties acquiesced in the action of the state, and many volunteers entered the army. Until late in the war this district sent as many men in proportion to population as any other section, and the men made good soldiers. But with the opening of the Tennessee and the passage of the conscription laws the mountaineers and the hill people became troublesome. To avoid conscription they hid themselves. Their families, with their slender resources, were soon in want of the necessaries of life, which they began to obtain by raids on their more fortunate neighbors in the river valleys. A few entered the Federal army. In July, 1862, small parties came to Decatur, in Morgan County, from the mountains and joined the Federal forces under the command of Colonel Streight. They told him of others who wished to enlist, so Streight made an expedition to Davis Gap, in the mountains south of Decatur, and secured 150 recruits.

These formed the nucleus of the First Alabama Union Cavalry, of which George E. Spencer of Ohio, afterward notorious in Alabama politics, was colonel. At this time C. C. Sheets, who said that he had been in hiding, appeared and made a speech encouraging all to enlist. Streight said that the “unionists” were poor people, often destitute. There were, he reported, about three “unionists” to one “secessionist” in parts of Morgan, Blount, St. Clair, Winston, Walker, Marion, Taylor, and Jefferson counties, and he thought two full regiments could be raised near Decatur. Though so few in numbers, the “secessionists” seem to have made it lively for the “unionists,” for Streight reported that the “unionists” were much persecuted by them and often had to hide themselves.[250] The Confederate commander at Newberne, in Greene County, reported (January, 1862) that in an adjoining county the “Union” men were secretly organizing, that 300 had met, elected officers, and gone into camp.[251] A month later, Lieutenant-Commander Phelps of the United States navy, after his river raid to Florence (1862), reported that along the Tennessee the “Union” sentiment was strong, and that men, women, and children in crowds welcomed the boats. However, he adds that they were very guarded in their conversation. It may be that he mistook curiosity for “Union” sentiment. Another naval officer reported that the fall of Fort Donelson was beneficial to the Union cause in north Alabama. Neither of these observers landed, and their observations were limited to the river banks.[252] In June, 1862, Governor Shorter said that much dissatisfaction existed in several of the northern counties,[253] and in December, 1862, that Randolph County was defying the enforcement of the conscript law, and armed forces were releasing deserters from jail. Colonel Hannon was at length sent with a regiment and suppressed for a time the disloyal element.[254] September 21, 1862, General Pillow reported to Seddon that there were 8000 to 10,000 deserters and tory conscripts in the mountains of north Alabama, as “vicious as copperheads.”[255] In April, 1863, a civilian of influence and position wrote to General Beauregard that the counties of north Alabama were full of tories. During 1862, he stated, a convention had been held in the corner of Winston, Fayette, and Marion counties, in which the people had resolved to remain neutral. He believed that this meant that when the enemy appeared the so-called neutrals would join them, for they openly carried United States flags.[256] A similar convention was held in north Alabama (apparently in Winston County) in the spring of 1863. A staff officer reported to General Beauregard (May, 1864) that in the counties of Lawrence, Blount, and Winston, Federal recruiting agents for mounted regiments carried on open correspondence with the disaffected citizens,[257] apparently with little success, for although disaffection and hostility to the Confederacy among the people of north Alabama had continued for three years, and there was every opportunity for entering the Federal army, yet the official statistics give the total number of enlistments and reënlistments of whites from Alabama at 2576.[258]

In 1862 deserters from the army began to gather in the more remote districts of the state. Many of them had been enrolled under the conscript law, and had become dissatisfied. As the war went on the number of these deserters increased, until their presence in the state became a menace to government. After the Confederate reverses in the summer of 1863, great numbers of deserters and stragglers from all of the Confederate armies east of the Mississippi River and from the Union armies collected among the hills, mountains, and ravines of north Alabama. A large portion of them became outlaws of the worst character. In August, 1863, the general assembly passed a law directing the state officials and the militia officers to assist the Confederate enrolling officers in enforcing the conscript law, and in returning deserters to their commands. The state and county jails were offered as places to confine the deserters until they could be sent back to the army. To give food and shelter to deserters was declared a felony, and civilians were authorized to arrest them.[259]