Naturally the original owners, having received nothing for their product but Confederate money which the result of the war had made worthless, manifested an unamiable reluctance to give it up, for if they could market it for themselves it would more than recoup them for all their losses in the war. They had therefore exercised a considerable ingenuity in effacing all record of its transfer to the Confederate Government, obliterating the marks on the bales, and hiding these away in swamps and other inconspicuous places, fortifying their claims to private ownership with appalling affidavits and “covering their tracks” in an infinite variety of ways generally.
In effecting their purpose they encountered many difficulties. Cotton in bales is not very portable property; it requires for movement and concealment a good deal of cooeperation by persons having no interest in keeping the secret and easily accessible to the blandishments of those interested in tracing it. The negroes, by whom the work was necessarily done, were zealous to pay for emancipation by fidelity to the new regime, and many poor devils among them forfeited their lives by services performed with more loyalty than discretion. Railways—even those having a more than nominal equipment of rails and rolling stock—were unavailable for secret conveyance of the cotton. Navigating the Alabama and Tombigbee rivers were a few small steamboats, the half-dozen pilots familiar with these streams exacting one hundred dollars a day for their services; but our agents, backed by military authority, were at all the principal shipping points and no boat could leave without their consent.
The port of Mobile was in our hands and the lower waters were patrolled by gunboats. Cotton might, indeed, be dumped down a “slide” by night at some private landing and fall upon the deck of a steamer idling innocently below. It might even arrive at Mobile, but secretly to transfer it to a deep-water vessel and get it out of the country—that was a dream.
On the movement of private cotton we put no restrictions; and such were the freight rates that it was possible to purchase a steamboat at Mobile, go up the river in ballast, bring down a cargo of cotton and make a handsome profit, after deducting the cost of the boat and all expenses of the venture, including the wage of the pilot. With no great knowledge of “business” I venture to think that in Alabama in the latter part of the year of grace 1865 commercial conditions were hardly normal.
Nor were social conditions what I trust they have now become. There was no law in the country except of the unsatisfactory sort known as “martial,”
and that was effective only within areas covered by the guns of isolated forts and the physical activities of their small garrisons. True, there were the immemorial laws of self-preservation and retaliation, both of which were liberally interpreted. The latter was faithfully administered, mostly against straggling Federal soldiers and too zealous government officials. When my chief had been ordered to Selma he had arrived just in time to act as sole mourner at the funeral of his predecessor—who had had the bad luck to interpret his instructions in a sense that was disagreeable to a gentleman whose interests were affected by the interpretation. Early one pleasant morning shortly afterward two United States marshals were observed by the roadside in a suburb of the town.
They looked comfortable enough there in the sunshine, but each had that across his throat
Which you had hardly cared to see.
When dispatched on business of a delicate nature men in the service of the agency had a significant trick of disappearing—they were of “the unreturning brave.” Really the mortality among the unacclimated in the Selma district at that time was excessive. When my chief and I parted at dinner time (our palates were not in harmony) we commonly shook hands and tried to say something memorable that was worthy to serve as “last words.”
We had been in the army together and had many a time gone into battle without having taken that precaution in the interest of history.
Of course the better class of the people were not accountable for this state of affairs, and I do not remember that I greatly blamed the others.
The country was full of the “elements of combustion.” The people were impoverished and smarting with a sense of defeat. Organized resistance was no longer possible, but many men trained to the use of arms did not consider themselves included in the surrender and conscientiously believed it both right and expedient to prolong the struggle by private enterprise.
Many, no doubt, made the easy and natural transition from soldiering to assassination by insensible degrees, unconscious of the moral difference, such as it is. Selma was little better than a ruin; in the concluding period of the war General Wilson’s cavalry had raided it and nearly destroyed it, and the work begun by the battery had been completed by the torch. The conflagration was generally attributed to the negroes, who certainly augmented it, for a number of those suspected of the crime were flung into the flames by the maddened populace. None the less were the Yankee invaders held responsible.
Every Northern man represented some form or phase of an authority which these luckless people horribly hated, and to which they submitted only because, and in so far as, they had to. Fancy such a community, utterly without the restraints of law and with no means of ascertaining public opinion—for newspapers were not—denied even the moral advantage of the pulpit! Considering what human nature has the misfortune to be, it is wonderful that there was so little of violence and crime.
As the carcass invites the vulture, this prostrate land drew adventurers from all points of the compass. Many, I am sorry to say, were in the service of the United States Government. Truth to tell, the special agents of the Treasury were themselves, as a body, not altogether spotless. I could name some of them, and some of their assistants, who made large fortunes by their opportunities. The special agents were allowed one-fourth of the value of the confiscated cotton for expenses of collection—none too much, considering the arduous and perilous character of the service; but the plan opened up such possibilities of fraud as have seldom been accorded by any system of conducting the public business, and never without disastrous results to official morality. Against bribery no provision could have provided an adequate safeguard; the magnitude of the interests involved was too great, the administration of the trust too loose and irresponsible. The system as it was, hastily devised in the storm and stress of a closing war, broke down in the end, and it is doubtful if the Government might not more profitably have let the “captured and abandoned property” alone.
As an instance of the temptations to which we were exposed, and of our tactical dispositions in resistance, I venture to relate a single experience of my own. During an absence of my chief I got upon the trail of a lot of cotton—seven hundred bales, as nearly as I now recollect—which had been hidden with so exceptional ingenuity that I was unable to trace it. One day there came to my office two well-dressed and mannerly fellows who suffered me to infer that they knew all about this cotton and controlled it. When our conference on the subject ended it was past dinner time and they civilly invited me to dine with them, which, in hope of eliciting information over the wine, I did. I knew well enough that they indulged a similar selfish hope, so I had no scruples about using their hospitality to their disadvantage if I could. The subject, however, was not mentioned at table, and we were all singularly abstemious in the matter of champagne—so much so that as we rose from a rather long session at the board we disclosed our sense of the ludicrousness of the situation by laughing outright. Nevertheless, neither party would accept defeat, and for the next few weeks the war of hospitality was fast and furious. We dined together nearly every day, sometimes at my expense, sometimes at theirs. We drove, rode, walked, played at billiards and made many a night of it; but youth and temperance (in drink) pulled me through without serious inroads on my health. We had early come to an understanding and a deadlock. Failing to get the slenderest clew to the location of the cotton I offered them one-fourth if they would surrender it or disclose its hiding-place; they offered me one-fourth if I would sign a permit for its shipment
as private property.
All things have an end, and this amusing contest finally closed. Over the remains of a farewell dinner, unusually luxurious, as befitted the occasion, we parted with expressions of mutual esteem—not, I hope, altogether insincere, and the ultimate fate of the cotton is to me unknown. Up to the date of my departure from the agency not a bale of it had either come into possession of the Government or found an outlet. I am sometimes disloyal enough to indulge myself in the hope that they baffled my successors as skilfully as they did me. One cannot help feeling a certain tenderness for men who know and value a good dinner.
Another corrupt proposal that I had the good fortune to be afraid to entertain came, as it were, from within. There was a dare-devil fellow whom, as I know him to be dead, I feel justified in naming Jack Harris. He was engaged in all manner of speculative ventures on his own account, but the special agent had so frequently employed him in “enterprises of great pith and moment” that he was in a certain sense and to a certain extent one of us. He seemed to me at the time unique, but shortly afterward I had learned to classify him as a type of the Californian adventurer with whose peculiarities of manner, speech and disposition most of us are to-day familiar enough. He never spoke of his past, having doubtless good reasons for reticence, but any one learned in Western slang—a knowledge then denied me—would have catalogued him with infallible accuracy. He was a rather large, strong fellow, swarthy, black-bearded, black-eyed, black-hearted and entertaining, no end; ignorant with an ignorance whose frankness redeemed it from offensiveness, vulgar with a vulgarity that expressed itself in such metaphors and similes as would have made its peace with the most implacable refinement. He drank hard, gambled high, swore like a parrot, scoffed at everything, was openly and proudly a rascal, did not know the meaning of fear, borrowed money abundantly, and squandered it with royal disregard. Desiring one day to go to Mobile, but reluctant to leave Montgomery and its pleasures—unwilling to quit certainty for hope—he persuaded the captain of a loaded steamboat to wait four days for him at an expense of $400 a day; and lest time should hang too heavy on the obliging skipper’s hands, Jack permitted him to share the orgies gratis. But that is not my story.
One day Jack came to me with a rather more sinful proposal than he had heretofore done me the honor to submit. He knew of about a thousand bales of cotton, some of it private property, some of it confiscable, stored at various points on the banks of the Alabama. He had a steamboat in readiness, “with a gallant, gallant crew,” and he proposed to drop quietly down to the various landings by night, seize the cotton, load it on his boat and make off down the river. What he wanted from me, and was willing to pay for, was only my official signature to some blank shipping permits; or if I would accompany the expedition and share its fortunes no papers would be necessary. In declining this truly generous offer I felt that I owed it to Jack to give him a reason that he was capable of understanding, so I explained to him the arrangements at Mobile, which would prevent him from transferring his cargo to a ship and getting the necessary papers permitting her to sail. He was astonished and, I think, pained by my simplicity. Did I think him a fool? He did not purpose—not he—to tranship at all: the perfected plan was to dispense with all hampering formality by slipping through Mobile Bay in the black of the night and navigating his laden river craft across the Gulf to Havana! The rascal was in dead earnest, and that natural timidity of disposition which compelled me to withhold my cooeperation greatly lowered me in his esteem, I fear.
It was in Cuba, by the way, that Jack came to grief some years later. He was one of the crew of the filibustering vessel Virginius, and was captured and shot along with the others. Something in his demeanor as he knelt in the line to receive the fatal fusillade prompted a priest to inquire his religion. “I am an atheist, by God!” said Jack, and with this quiet profession of faith that gentle spirit winged its way to other tropics.
Having expounded with some particularity the precarious tenure by which I held my office and my life in those “thrilling regions” where my duties lay, I ought to explain by what unhappy chance I am still able to afflict the reader. There lived in Selma a certain once wealthy and still influential citizen, whose two sons, of about my own age, had served as officers in the Confederate Army. I will designate them simply as Charles and Frank. They were types of a class now, I fear, almost extinct. Born and bred in luxury and knowing nothing of the seamy side of life—except, indeed, what they had learned in the war—well educated, brave, generous, sensitive to points of honor, and of engaging manners, these brothers were by all respected, by many loved and by some feared. For they had quick fingers upon the pistol-trigger withal, and would rather fight a duel than eat—nay, drink. Nor were they over-particular about the combat taking the form of a duel—almost any form was good enough. I made their acquaintance by chance and cultivated it for the pleasure it gave me. It was long afterward that I gave a thought to its advantages; but from the time that I became generally known as their friend my safety was assured through all that region; an army with banners could not have given me the same immunity from danger, obstruction or even insult in the performance of my disagreeable duties. What glorious fellows they were, to be sure—these my late antagonists of the dark days when, God forgive us, we were trying to cut one another’s throat. To this day I feel a sense of regret when I think of my instrumentality, however small, in depriving the world of many such men in the criminal insanity that we call battle.
Life in Selma became worth living even as the chance of living it augmented. With my new friends and a friend of theirs, whose name—the more shame to me—I cannot now recall, but should not write here if I could, I passed most of my leisure hours. At the houses of themselves and their friends I did most of my dining; and, heaven be praised! there was no necessity for moderation in wine. In their society I committed my sins, and together beneath that noble orb unknown to colder skies, the Southern moon, we atoned for them by acts of devotion performed with song and lute beneath the shrine window of many a local divinity.
One night we had an adventure. We were out late—so late that it was night only astronomically. The streets were “deserted and drear,” and, of course, unlighted—the late Confederacy had no gas and no oil.
Nevertheless, we saw that we were followed. A man keeping at a fixed distance behind turned as we turned, paused as we paused, and pursued as we moved on. We stopped, went back and remonstrated; asked his intentions in, I dare say, no gentle words. He gave us no reply, but as we left him he followed. Again we stopped, and I felt my pistol plucked out of my pocket. Frank had unceremoniously possessed himself of it and was advancing on the enemy. I do not remember if I had any wish to interpose a protest—anyhow there was no time. Frank fired and the man fell. In a moment all the chamber-windows in the street were thrown open with a head visible (and audible) in each. We told Frank to go home, which to our surprise he did; the rest of us, assisted by somebody’s private policeman—who afterward apprised us that we were in arrest—carried the man to a hotel. It was found that his leg was broken above the knee, and the next day it was amputated. We paid his surgeon and his hotel bill, and when he had sufficiently recovered sent him to an address which he gave us in Mobile; but not a word could anybody get out of him as to who he had the misfortune to be, or why he had persisted, against the light, in following a quartet of stray revelers.
On the morning of the shooting, when everything possible had been done for the comfort of the victim, we three accomplices were released on our own recognizance by an old gentleman of severe aspect, who had resumed his function of justice of the peace where he had laid it down during the war.
I did not then know that he had no more legal authority than I had myself, and I was somewhat disturbed in mind as I reflected on the possibilities of the situation. The opportunity to get rid of an offensive Federal official must of course be very tempting, and after all the shooting was a trifle hasty and not altogether justifiable.
&
nbsp; On the day appointed for our preliminary examination, all of us except Frank were released and put on the witness-stand. We gave a true and congruent history of the affair. The holdover justice listened to it all very patiently and then, with commendable brevity and directness of action, fined Frank five dollars and costs for disorderly conduct. There was no appeal.
There were queer characters in Alabama in those days, as you shall see.
Once upon a time the special agent and I started down the Tombigbee River with a steamboat load of government cotton—some six hundred bales. At one of the military stations we took on a guard of a dozen or fifteen soldiers under command of a non-commissioned officer. One evening, just before dusk, as we were rounding a bend where the current set strongly against the left bank of the stream and the channel lay close to that shore, we were suddenly saluted with a volley of bullets and buckshot from that direction. The din of the firing, the rattle and crash of the missiles splintering the woodwork and the jingle of broken glass made a very rude arousing from the tranquil indolence of a warm afternoon on the sluggish Tombigbee. The left bank, which at this point was a trifle higher than the hurricane deck of a steamer, was now swarming with men who, almost near enough to jump aboard, looked unreasonably large and active as they sprang about from cover to cover, pouring in their fire. At the first volley the pilot had deserted his wheel, as well he might, and the boat, drifting in to the bank under the boughs of a tree, was helpless. Her jackstaff and yawl were carried away, her guards broken in, and her deck-load of cotton was tumbling into the stream a dozen bales at once. The captain was nowhere to be seen, the engineer had evidently abandoned his post and the special agent had gone to hunt up the soldiers. I happened to be on the hurricane deck, armed with a revolver, which I fired as rapidly as I could, listening all the time for the fire of the soldiers—and listening in vain. It transpired later that they had not a cartridge among them; and of all helpless mortals a soldier without a cartridge is the most imbecile. But all this time the continuous rattle of the enemy’s guns and the petulant pop of my own pocket firearm were punctuated, as it were, by pretty regularly recurring loud explosions, as of a small cannon. They came from somewhere forward—I supposed from the opposition, as I knew we had no artillery on board.
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