The Birmingham age-herald., 1912-08-21

prepared by GeDefdl Iope 1oI iHe Soii-
 vention which would set up state constitution acceptable to that frag-
 ment of congress and which would at the same time reduce the community to utmost anarchy
 General Grant was called before the
 House committee of the judiciary on July IS, 1867. In answer to MT Bout
 well of the committee he testified: 'I
 know that immediately after the close
 of the rebellion there was a very fine feeling manifested in the south and I thought we ought to take advantage of it as soon as possible; but since that time there has been an evident change there"
 Along with this attitude of the gen eral of the army other opinions of those in power in the United States at that time are to be considered. Mr. Lincoln contended that no change what ever in the relation of the states of the confederacy to the United States had taken place, except the act of tenn porary "1nsurreetion," contemplated as possible by the federal constitution; that by authority of the constitution, the 'insurrection" had been sup pressed" and the union restored. (See Article l, Section VIII, paragraph 15 of the constitution.) In evidence of the acceptance of Idncoln's view by con- gress up to the time of his death, there Is the direct legislation of July, 1862, immediately after the first Manassas, declaring the object of the war to be only the return of the southern states to the union. In further evidence upon this point congress never declared war against the Confederaey. In May. 1861, the provisional congress. sitting the United States but the United States proceeded to Suppress instruction. as an established right of its own, un- der the constitution
 When General Grant found. "imme- diately after the close of the rebel lion, a very fine feeling manifested in the south" he should have known that this condition of the southern mind was the natural and inevitable demon- stration of southern native faith and trust President Lincoln by more than one proclamation and congress by spe- cific resolution had declared no con- quest of territory was involved in the war of invasion: that the states which had been led astray were neyerthe- less indestructible states of an inde- structible union. Grants discovery was in 1865. Two years later, in July, 1867, he comes to swear to the committee There has been an evident change there.''
 The history of the southern people in this era before us Is the most mar velous attestation of human energies and human virtue in the annals of the ages. Punie faith returns, Vandals and Goths ravage again Napoleon stands accursed but there was no conquest of Napoleon comparable in it's exterminat- ing effects upon the civil character of the conquered. to the overthrow of civil government in Alabama by Major Gen eral Pope.
 Mr. Lincoln contended that the civil government of Alabama, Under Gov ernor Watts, in 1s65 had equal rights with the civil government under Gov ernor A. B. Moore at dawn of day Jan uary II, 1861, in respect to the author ity of the United States. MT. Andrew Johnson instantly succeeded MT. Lin coin in office and thereupon Mir. John son contended that. when the Confed- eracy fell, Watts office, as governor disappeared MT. Lineoln's position was logical and legal; MT. Johnson's posi- tion was anarchical and without foun- dation in law or truth.
 President Johnson recanted. He saw the mighty forces of revolution set in motion in the north and realized that unless the southern states could be re- stored to participate in the government as a support to the conservative ele- ment there. the government would pro- ceed to extremities most hazardous to .t.IT. | .1. f1r, saw this condition in 1861 when he called for troops to destroy the Con federacy. He saw 1t in 1865, when hay ing destroyed the Confectionery, he pro- posed to restore the union. Johnson now had come to see plainly and on his own responsibility set up the govern ment of Alabama and other states in the longe recess of congress calculated to restore them, one and all, to the halls of congress before the year of Appo- mattox closed.
 The feature of the history we now con slider. is the military destruction of the thoroughly organized and happily op- erated state government of Alabama by Major General Pope and the processes by which the major general set up a quasi civil government over the state in lieu thereof.
 The major general was supposed to act throughout in obedience to the acts of Congress of March and March 23, 1867. The preamble to these acts declared,
 Whereas. no loyal and repub- lican state governments exist in Alabama etc., the President must es- tablish military districts until states of the desired character could be organ ized under the rules and limitations pre- scribed by the acts themselves.
 The Alabama constitution at that time established perfect equality of the races
 before the law. The limitation of the electorate to W hites was the sole offense charged against it by Congress. The con stitution of Alabama did Not differ in that respect from the constitution of Ohio and other northern states. It was
 not until tre war was half over that the states of New York gave the ballot to the negro.
 The southern states were afflicted with the acts of March and March 2S, 1861, only because they refused to accept the fourteenth article of amendment, and
 we shall in course of these chapters see
 that the revolution in which the four tcenth article was conceived and brought forth was not inspired by anxiety to en-
 franchise the negro. but in the audacity of purpose to perpetuate by its proviso
 the "watered'' public debt In Congress the auetsion was thoroughly debated. The states os the north that then for bade negro suffrage and even negro im- migration to their territory, were per scuaded of the relative benefit to them in the abandonment of their constitution al inhibition and prohibitory statutes. re- l latlng to negro political rights, for the | fifth section Of the article, which prac-
 ;icaly assured to the north monopoly s..