Lawrence Aylett Daffan (right, 1845-1907) is a collateral Confederate ancestor of mine, one of a few who left behind any detailed account of his wartime service. He led a remarkable life. His family moved to Texas from Conecuh County, Alabama in 1849. After his father died in July 1859, fourteen-year-old Lawrence went to work to help support his widowed mother, carrying the mails between Montgomery and Washington Counties, Texas, in 1859. Later, at the time of the 1860 U.S. Census, Lawrence was working as a wagoner. In the spring of 1862, shortly after his 17th birthday, he enlisted at Anderson, Texas in Company G of the Fourth Texas Infantry. He fought in the major engagements of his regiment, part of the famous Texas Brigade, including Second Manassas, Sharpsburg, Gettysburg, and Chickamauga. It was in this last action that he received what he jokingly described as his only wartime injury, a very slight one, when a Minié ball struck his rifle and knocked him down. It was at Chickamauga, too that he witnessed the incident where John Bell Hood was wounded, that Daffan believed to be a case of friendly fire. Private Daffan was captured at Lenore Station in November 1863, during the Chattanooga Campaign, and spent the remainder of the war as a prisoner at Rock Island, Illinois.
Returning to Texas in July 1865, Daffan soon found a job as a brakeman on the Houston & Texas Central Railroad. The postwar decades were boom times for the railroads in Texas, which expanded rapidly. Daffan moved his way up steadily through the company, successively serving as conductor, train master, station agent, and, from 1889, superintendent of the railroad’s Second Division.
In 1872, he married a local girl from Brenham, Mollie Day, and together they had six children, four sons and two daughters. All of their children survived to adulthood, all of them had good educations, and the eldest, Katie, became a noted author in her own right. Although he had little formal schooling himself, Lawrence Daffan valued education highly, and reportedly was an avid reader, though mostly of conventional tastes — Shakespeare, Milton, Dickens, and, of course, the Bible. He was active in a wide range of fraternal organizations, and especially dedicated to Confederate veterans’ activities, including the Hood’s Texas Brigade Association, an effort which earned him the honorific title of “Colonel,” which he carried proudly until his death.
Lawrence Daffan was seriously injured in a train derailment near Corsicana in September 1898, losing two fingers and being severely banged up. Though he recovered, his health was much more precarious after that. He stepped down as superintendent of the H&TC’s Second Division in 1904, to become General Agent for Transportation for the entire railroad, a position he held until his death. In January 1907, at the age of sixty-one, Daffan was suddenly taken ill at his office in Ennis. Carried to his home a few blocks away, he died there that evening. Obituaries were printed in newspapers across the state, and tributes, floral arrangements and formal resolutions from groups he belonged to were published in the paper. His funeral was one of the biggest events Ennis had seen. The H&TC ran special, free trains from Denison at the northern end of the line, and Houston at the southern, to Ennis to accommodate hundreds of mourners who came to town just to pay their last respects at the funeral.
Lawrence Daffan as Superintendent of the Second division of the Houston & Texas Central Railroad, Ennis, Texas. c. 1900. This photo, and the one at top, are from Katie Daffan’s My Father as I Remember Him.
Daffan was, by all accounts, a respected and admired member of his community — multiple communities, in fact: civic, professional and veteran. He was a self-made man in the best, 19th-century sense of the term, starting out after the Civil War as a twenty-year-old veteran with little education and few prospects, worked his way up to the top levels of his profession. He provided for his widowed mother, his siblings and his own family, saw to his children’s education, and worked for the growth and betterment of his community. He was, in almost every respect, an exemplar of 19th century success through hard work and dedication to traditional values of home, family and church.
He was also a member of the Ku Klux Klan.
Over the weekend I posted about the attack on Captain William H. Rock (left), the Freedman’s Bureau agent in Fort Bend County, Texas. Rock was a former USCT officer who joined the Freedmen’s Bureau in mid-1866, and spent two full years, December 1866 to December 1868, as the agent in Fort Bend County, one of the longest tenures in such a position in Texas. Christopher Bean’s 2008 doctoral dissertation, “A Stranger Amongst Strangers: An Analysis of the Freedmen’s Bureau Subassistant Commissioners in Texas, 1865-1868,” gives considerable insight on Rock’s service at Richmond, drawn from that officer’s correspondence with his superiors at the bureau. Rock comes across as a diligent and proactive agent, spending more time visiting the laborers on the farms and plantations of Fort Bend County than he did in his office, and working to adjust freedmen and -women to make the successful transition to cultural and political norms that, in times of slavery, had always been outside their reach.
It was a challenge, to be sure. As noted previously, at the time of the 1860 U.S. Census, there were almost exactly twice as many slaves in Fort Bend County as free persons, with only nine free colored persons in the entire county. By 1870, more than three-quarters of the county’s population was described as “colored.” Fort Bend had been a hotbed of Confederate sympathy; when (white, male) Texans went to the polls to vote on secession in early 1861, the vote in Fort Bend County was 486 to 0. The county sheriff, J. W. Miles, had reportedly been a private in the famously-rowdy Eighth Texas Cavalry, Terry’s Rangers, before being discharged for illness in 1862. Fort Bend County was a rough place, even for a man as seemingly diligent and earnest as William Rock.
For his part, Captain Rock went about his business mostly on his own. Unlike other agents of the bureau in Texas, Rock declined to be provided with a detachment of soldiers to assist in enforcing his authority — at least during the first months of his time in Richmond. It was subsequently reported that he had, in fact, requested a detachment later on, but it’s not clear if such was ever actually provided.
Following my last post, blogger Daniel R. Weinfeld left a detailed comment, remarking on the striking similarities between the official explanation of the attack on Captain Rock, and those that followed the murder of John Quincy Dickinson (right, 1836-71), the Jackson County, Florida Clerk of Court, in 1871. Dickinson, a former officer of the 7th Vermont Infantry and a former agent for the Freedman’s Bureau, was the senior Republican in the county, and a target for white Regulators looking to return the county to white, Democratic control during what became known as the “Jackson County War.” (More about Dickinson’s assassination here.) Weinfeld sees a remarkable parallel in the way both the Dickinson murder, and the assault on Captain Rock two years previously, were explained away by the local white community:
The “scenario” presented in Flake’s Bulletin conforms exactly with the same rationalizations/accusations made by Regulators at other times and places to justify assaults on Bureau officers and Republican officials in the South. . . . In the “investigation” [of Dickinson's murder] conducted by the county judge, as reported by FL Democratic newspapers, allegations were made that (1) the assassin was a black man, who (2) was jealous over an alleged affair between Dickinson and a black woman and (3) that Dickinson had swindled local land owners out of their property at tax auctions. Otherwise, the papers asserted, Dickinson had been respected by his white neighbors! All this slander was vigorously denied by Dickinson’s friends and the Republican press. My research shows that Dickinson was without a doubt assassinated by Regulators waiting in ambush. The black man involved was likely hired by the Regulators as a lookout. Dickinson’s “offense” was his political activity as a Republican and his defense of voting and civil rights for African Americans.
It’s almost like the Regulators had a check list they passed around: implicate African American in committing the assault – check; accuse victim of sexually consorting with blacks – check; then allege financial improprieties by victim – check. . . . I’m also guessing that examination of the Democratic press over the previous two years would show that Capt. Rock was not so completely loved by local whites as Flake’s pretends, and that local whites had made insinuations about his conduct or partiality to blacks in the past.
There actually are plenty of hints as to some of what was going on in Richmond with Captain Rock, and the notion that (as was claimed after the attack) Rock “was regarded with favor by nearly all the citizens” was patently untrue. As before, here are some contemporary news excerpts. We can all read the words, of course, but what do you read behind them?
Flake’s Bulletin, June 15, 1867:
We are informed by Lieutenant Rock, agent of the Freedmen’s Bureau of Fort Bend county, that the people of that county exhibited sentiments of perfect submission to the reconstruction laws, and a desire to abstain entirely from all participation in political matters, except that of voting for such union men as may be nominated. It would be well for them to give this sentiment public expression.
Galveston Daily News, September 5, 1867. Sheriff Miles, it seems, had physically attacked Captain Rock more than a year before the New Years’ Eve incident:
SHERIFF VERSUS CAPTAIN.
The Brazos Signal says Sheriff J. W. Miles, of Fort Bend, complained to Capt. Rock, Bureau Agent at Richmond, of unwarrantable interference with his duties. The Captain threatened the Sheriff with removal, and the latter replied that a whipping would follow. The removal order came, and the Signal tells the rest:
Mr. Miles has always been very prompt in the discharge of his duties, and suddenly remembering that he had promised the captain, hurried off in search of him., finding him near the Verandah Hotel. We only know the result of the meeting, viz: that Mr. Miles kicked and cuffed the captain in a manner unbearable, and the captain would not have been to blame in the least for resenting it on the spot. The affair was strictly personal, and we think the captain has too much generosity to involve the whole community in the difficulty.
Mr. Miles was arrested by the City Marshal, and gave bond for his appearance Friday morning, but not giving the captain due credit for generosity, he forfeited the bond by not appearing. The Captain will not certainly be harsh with Mr. M., as he showed no malignant intent. Fighting is supposed to be one of the principal ingredients of a soldier’s profession, and we think it is characteristic of any profession whatever, to look kindly on an amateur of marked ability. We hoot at the idea of the captain wanting Gen. Griffin, and the principal part of the army, to support him against an amateur, though he has shown himself unusually proficient. It is to be regretted, but we might as well laugh as cry. Captain Rock was tried before his Honor the Mayor and dismissed.
What do you make of the last paragraph, going on at length about Capt. Rock’s supposed fighting ability, “one of the principal ingredients of a soldier’s profession?” What’s the Brazos Signal saying?
Galveston Daily News, September 5, 1867
Fort Bend. – The Brazos Signal of the 31st ult., says:
A citizen wants to know what construction the registrars can place on the act of Congress, to register a negro [sic.] who has been tried and convicted of a felony, when they will not allow a man to register merely because he once superintended hands at work on the road. This, the gentleman informs us, is the case. That Capt. Rock asked the negro if he had ever been up before a court, and he told him all about it. Such work puzzles men that think they are loyal, they can’t see by “those lamps.”
Here is the total registration, up to Aug. 30th, of Fort Bend County, furnished us by Capt. Rock, fewer whites and more black votes than any other county in the state – 110 whites to 1198 blacks; total 1218; rejected only 28. We can’t register without crying; the office will close on the 6th. It is our duty to try.
Flake’s Bulletin, February 8, 1868, warning against planters being “fleeced” by the Freedmen’s Bureau.
In speaking of the aid offered by the Freedmen’s Bureau, the Galveston News says:
It is true that the planters are hardly pressed, and it is true that the bureau makes the offer of help without requiring interest. Yet the precaution taken for securing the principle and other things connected with it, should be looked into carefully before the offer is accepted. We frankly confess that some scheme for fleecing and oppressing the planters will be gotten up, in the hope that their great and pressing necessities will induce them to embrace it. And therefore we join the New Orleans Bulletin in advising the planters to examine every proffer of aid through the bureau with critical inspection before imposing responsibilities on themselves by its acceptance.
A man, named Wm. Shakespeare, once said something about “conscience making cowards of people.” Can the News remember the quotation?
And finally, from Flake’s Bulletin, January 20, 1869, giving a somewhat different account of the incident from the assailant, Tom Sherrard/Ross:
THE RICHMOND AFFAIR.
In the News of yesterday appears a card of R. J. Calder, Esq., County Judge of Fort Bend, half a column in length, in reply to a card of Capt. Rock, published in this paper. A gentleman requested us to copy the card of Judge Calder, which we are compelled to decline to do for the following reasons: First. Had Judge Calder desired its publication in Flake’s Bulletin, he would have addressed it himself to the bulletin, not to the News. Second. The card of Judge Calder is too lengthy. We have already published both sides of the affair, to wit: the card of Capt. Rock and the card of many citizens of Richmond, published in the 13th inst. But we append the affidavit of the negro [sic.], Tom Ross, the man who attacked and beat Capt. Rock, embraced in the card of Judge Calder:
STATEMENT OF TOM ROSS.
On the first night of January, 1869, there was a negro dance at Capt. Rock’s quarters in Richmond. I went to the dance, hearing that it was a free ball for the blacks. I remained there for a quarter of an hour, and then left. Returning a short time afterwards, I met Frances Lamar, a colored girl, who was kept by Capt. Rock as his wife. She was standing at the door; on seeing me she left and went to the Captain’s bed-room. Soon afterwards she and the Captain came out of the room; the Captain had a double-barreled shot gun behind him. The Captain approached me, and turning half-way round, said to me, “Take this,” meaning the gun. I stepped back from him, and told him, “I did not want it.” The Captain walked away and to some persons, and immediately approached me again. His woman asked him if he had heard what I said. On answering “no,” she told him that I said I did not want the gun. The woman had taken the gun from the Captain, and had it in her hand at this time. The Captain then said to me, “Do you see that door?” I answered “yes.” He said, “Then you take it, and that God d__n quick.” The fight then commenced by my striking him with my naked fist, having no weapon of any kind with me. While fighting, this woman attempted to shoot me with the gun, but was prevent by bystanders. The Captain getting the worst of it, I was taken off him, and I straightway left the house. No person had offered me money to whip the Captain, neither did I go there expecting a difficulty.
I was arrested and tried before a magistrate, Judge R. J. Calder, and fined $10 for fighting. I was born the slave of Judge John Brahsear, of Houston.
Tom X Ross
The State of Texas, Fort Bend County. —–
Personally came and appeared before the undersigned authority, Tom Ross, a freedman, who, being by me duly sworn, says that the forgoing affidavit, signed by him making his mark, and all the statements and allegations therein contained, are true.
In testimony whereof I hereunto sign my name and affix my seal of office, this, 13th day of January, 1869.
R. J. Calder,
County Judge, Ft. Bend Co.
Here’s a fact that this news item omits: Judge Calder’s son, also named Robert James Calder, had enlisted on the same day, in the same company (Co. H), of the Eighth Texas Cavalry as Sheriff Miles (below). The two young men served together for a year before Miles’ discharge. The younger Calder was later made an officer, and was killed in action in January 1864. Does this fact have any relevance?
The other day a commenter dismissed my argument about the importance of interpreting the historical evidence, and making a critical assessment of each bit of documentation that bears on a particular subject. Practicing history, I had said, requires making careful judgments about the sources at hand. “I make no judgments on [sic.] way or the other. . . ,” my correspondent assured me, “I just present the historical fact.”
I thought about that little bit of self-deception this weekend when I came across two accounts of the beating of Captain William H. Rock (right), the Freedman’s Bureau Agent at Richmond, Texas, late on New Years’ Eve, 1868. Captain Rock was appointed to the bureau in June 1866, and in January 1867 was assigned to the office in Fort Bend County, west of Houston. Fort Bend lay at the heart of Anglo Texas, being part of Stephen F. Austin’s original colony, and was later home to several of the state’s largest plantations. At the time of the 1860 U.S. Census, slaves outnumbered free persons in Fort Bend County, two-to-one. By 1870, the ratio of “colored” persons to all others in Fort Bend was more than three-to-one.
One of the particular difficulties in writing about the Texas and the South in the immediate postwar period is that much of the press at the time was highly partisan, with individual newspapers closely aligned with specific political parties and candidates. During Reconstruction, Texas papers were particularly divided over the threat, and even the actual existence, of the “Ku Kluxes.” Some, like the Houston Union and the Austin Republican, spoke out early and vehemently against the group, while others insisted they were a myth, and argued that the violence and intimidation attributed to them were actually the work of Radical Republican groups like the Loyal League.
So here’s your chance to wade into two very different accounts of the same incident, published in different newspapers. How would you assess these two accounts? What might make you question the reliability of one or the other, and why? What makes your Spidey Sense tingle? What questions do you have after reading these, and how would you address them?
From the Houston Union, January 8, 1869
OUTRAGE AT RICHMOND, TEXAS
The Ku Klux Rampant! They assault and attempt to assassinate Capt. Rock, Agent of the Freedmen’s Bureau. – They leave him for dead.
From Capt. W. H. Rock, who has been living at Richmond, Fort Bend County, and acting as agent for the Freedmen’s Bureau for that county, we learn the following particulars of a most cowardly and brutal assault upon him upon the night of the 1st of January. The Capt. was first attracted by a noise about his premises, and glancing out of the window of his private room discovered a number of white men about his house. He immediately went from his private room to his office adjoining. On opening the door he was knocked down by an unprincipled negro [sic.] named Tom Sherrard, who he afterwards learned had been employed by the Ku Klux to do the deed. After knocking the Capt. down, a couple of the Klan filed into the room, and standing between a colored man who had come to the Capt.’s rescue and the prostrate Capt., permitted the black ruffian to kick and beat him until it was supposed life was extinct. The names of the white men so far as known to Capt. Rock, who participated in this brutal assault upon a representative of the United States Government, are James McGarvey, Joe Johnson, and the Sheriff of the county, one J. W. Miles. The two former, with drawn six shooters, prevented aid from Capt. Rock’s friends, while the latter was heard to remark as they left the house, “it was well done,” supposing, of course, that Capt. Rock was dead. Life, however, was not extinct, and after departure of the murderous crew, his friends succeeded in caring for, and restoring him. Knowing that if it was found out he was alive, they would return, Capt. Rock secreted himself in a neighboring hen-coop, where he remained until next morning, when he made complaint to the chief justice of the county, but perceiving the signs about him and the information brought to him by trusty colored men, that his life would pay the forfeit of an appearance against the parties, Capt. R. concluded to leave the place. Accordingly, Saturday night he secreted himself in the cabin of a friendly colored man, where he remained until Sunday night. In the meantime, the country round about was scoured, and every negro cabin entered and searched, but in vain. His hiding place was secure. While this secreted, word came to him that Capt. Bass, the County Assessor and Collector had made threats to shoot him on sight. Sunday night the 3d., he started to get across the Brazos. Monday night found him across, but without means to getting to Houston some thirty miles away., as the colored people in the whole neighborhood had been visited and their lived threatened if they gave him any assistance in escaping. Monday and Tuesday thus passed away, and as good luck would have it, a horse was procured and after riding all night the Capt., arrived safely in Houston covered with mud and disfigured and sore by bruises.
We are assured by Capt. Rock that the above statement is a true narrative of this great outrage and that it can all be sustained in a court of justice, or before a military commission. The colored men who all know the facts of the case, would not dare to testify in any court at Richmond without the presence of troops. One of them, expressing sympathy for Capt. Rock, was most cruelly beaten, and subsequently, at night, taken from his cabin and beaten until he was supposed to be dead, after which, tieing [sic.] a rope about his neck, he was dragged to an out of the way corner and left for dead.
Other outrages have been committed recently in this delectable town. Last Sunday a band of young rowdies went to the church where the colored people were holding [a] religious meeting, and literally drove them out, and broke up the meeting.
The teacher of the colored school in Richmond, has been driven away, and violence and treason stalks abroad in all its hideous deformity.
This is a terrible picture, and we shall be denounced for exposing it to the public; but the truth is not half told. In truth, there is not a loyal man in the town of Richmond. As an example, a prominent merchant there, named Greenwood, and the express agent, one Albertson, openly avowed they would spend their money freely to prevent the hired ruffian, Sherrard, from being brought to justice. We call upon the managers of the Express Company in this city to remove this man, who thus, by his means and influence, encourages the commission of outrages upon representatives of the Government.
Capt. Rock has often signified to the commanding General the necessity of stationing troops at Richmond. He has for a long time been cognizant of the disloyal disposition of the people there, and knew that as soon as the Bureau was discontinued the rights of the colored people would be utterly ignored, which he now informs us is the case. They are intimidated, brow beaten and worried, and unless a stop is put to it, a fearful outbreak ere long will be the consequence.
An official report of the state of affairs in Fort Bend county will be made by Capt. Rock to Gen. Canby, and we hope and trust the latter will send sufficient troops there to bring all concerned in this affair to justice, as well as protect the loyal men of the county from the malignant persecutions of the Ku-Klux cut throats.
The town where public sentiment permits such outrages as narrated above, should be put under military government and kept there until its return to good behavior makes it safe to remove it.
A week later, on January 16, 1869, Flake’s Bulletin in Galveston published a rebuttal signed by prominent members of the Richmond community, including two men implicated in the previous article, Sheriff J. W. Miles and Express Agent William H. Albertson:
ATTACK ON THE FREEDMEN’S BUREAU AGENT AT RICHMOND.
Special to Flake’s Bulletin.
Houston, Jan. 7 – Capt. Rock, lately in charge of the Freedmen’s Bureau at Richmond, has just arrived in this city, having ridden from that place last night, in order to escape the pursuit of a band of desperadoes in that county. – He was attacked, badly beaten, and was left for dead. His present appearance is sufficient evidence of the treatment to which he was exposed. The outrage occurred on the night of the 31st ult. and the 1st. inst. The majority of citizens deplore the act, and assisted the Captain to escape.
Flake’s Bulletin, Jan. 8.
We desire to speak in defence of our county, and give a truthful account of the subject in the above extract.
Capt. Wm. H. Rock, Sub-Assistant Commissioner of the Bureau of Refugees, Freedmen and Abandoned Lands, lived in this county for about two and a half years, and during that time was regarded with favor by nearly all the citizens. Several decisions of his bore heavily with some, but they, as well as the public, were charitable enough to attribute the same to the evil machinations of the “ardent,” instead of any ill feeling that the Captain possessed; and towards the close of his administration it was often remarked that he had made about as good an officer of the kind as we probably could have gotten. Many regretted that his office compelled one who seemed so much a gentleman to associate with freedmen to the exclusion of whites.
Well, the Bureau collapsed, and when Captain Rock became free – no longer obedient to his masters – it was expected that he would assert his rights, and fully justify the good opinion that had been formed of him; but his actions on the event proved most conclusively that his just, and even willing disposition to deal fairly with the whites was caused alone from fear, and that the “nigger” was in him from the first, but for that aforesaid fear. Now comes the cause for which this Sabraite was forced to flee the land, as alleged above. During Christmas week Capt. Rock, having no further use for an office, converted his establishment into a ball room, and darkey maidens, accompanied by African beaux, held nightly revels to sweet sounds of music. It was at one of these lovely affairs that Tom Sherrod, a very worthy freedman, attended – not, however, without an invitation from “Captain and Mrs. Rock,” in writing. This last personage, a dark and bony [bonny?] Venus, formerly the property of one of our citizens. Previous to the time, Capt. R. had insulted the wife of Tom, yet he (Tom) went to the ball, was ordered out, and it is reported that Capt. R. drew upon his a double-barreled gun, and that Tom was acting in self-defense.
This may be so or not; certes that Tom demolished the valiant captain in the presence of the whole party. Now we firmly believe that no jury in the United States would have convicted this boy Tom, or any other man, for chastising the brute who insulted his wife, even had the charge been murder instead of simply assault.
Upon the following day Captain R. made an affidavit that Tom had assaulted him with brass knuckles, and a warrant was issued for his arrest; in the mean time a distress warrant was issued, and Capt. Rock’s furniture, etc., was attached for house rent, and he left in charge of same – not being able to vacate on account of the wounds from which he was still suffering. That night, though, the attached articles were conveyed, under cover of darkness, to some unknown place, and the captain ditto, no one knows where, and few except his creditors care. He leaves many debts behind, due to both whites and blacks. The latter he deceived by telling them he was going to Austin after troops, while the former knew he was making tracks from the countless hundreds of dollars which were pressing him.
This is but a meagre account of all the acts of Captain Rock in this place, and we would have preferred his departure from our midst in silence, and would have done so except for the flagrant falsehoods contained in the above extract.
Since writing the above we learn that the freedman Tom was arrested and tried yesterday, and was fined ten dollars and costs.
C. H. Kendall, D. C. Hinkle, J. W. Miles, W. C. Hunter, Geo. O. Schley, E. Ryan, G. W. Pleasants, S. R. Walker, Ed. D. Ryan, W. Andrus, T. J. Smith, G. F’ Cook, J. P. Marshall, H. L. Somerville, R. F. Hill, B. W. Bell, G. M. Cathey, J. T. Holt, Chas. C. Bass, Alex Curr, Wm. Ryon, W. K. Davis, J. H. Hand, N. G. Davis, S. Mayblum, H. Jenkins, W. H. Albertson.
The statement of the foregoing extract is not true.
W. E. Kendall, B. F. Atkins
Why did not Captain Rock pay me his board bill, and settle with the Union League for money of theirs that he used for his own purposes?
W. P. Huff, Member Union League, Fort Bend Co.
Image: The Freedmen’s Bureau at Memphis, c. 1868. William H. ROck CDV portrait via Cowan’s Auctions.
If a Confederate officer takes an oath of allegiance to the United States and the Union, has he forfeited his status as a Confederate?
That’s not a snarky comment or a rhetorical question — I’m entirely serious in asking it.
Not far from my home is the grave of Major General John Bankhead Magruder, a well-known Confederate officer and a local hero who commanded the Department of Texas during the middle of the war and organized the naval and land attack that retook Galveston from Union forces on New Years Day, 1863. After the war, and a brief stint in the service of Maximilian’s army in Mexico, Magruder settled in Houston, where he died in 1871. He was initially buried in there, but his remains were subsequently re-interred in Galveston’s Episcopal Cemetery.
At the end of May 1865, President Andrew Johnson issued a general amnesty for those who had served the Confederacy; under this amnesty, all rights and property (except for slaves) were to be restored upon taking the oath to support and defend the Constitution of the United States. Fourteen categories of persons were explicitly excluded from this blanket amnesty, including army officers above the rank of colonel. These excluded persons were required to submit a formal application for pardon, “and so realize the enormity of their crime.” While there was never any real doubt that the vast majority of former Confederates would eventually be eligible for pardon, Johnson was determined to use the pardon process to make manifest a point he mentioned often: “treason is a crime and must be made odious.” Over the next three years, the Johnson administration issued about 13,500 individual pardons.
Magruder applied for his pardon in November 1867, and included a letter of from Union Major General Carl Schurz, attesting to his loyalty. Magruder’s application was approved by Attorney General Henry Stanbery on December 9.
Baltimore, Novr. 14th, 1867
To His Excellency
President of the United States
Sir, as an officer of the Southern army with the rank of Major General, I am not embraced in the amnesty which Your Excellency has proclaimed.
The South submitted her interpretation of the Constitution to the arbitrament of the sword which decided against her — an I am now as loyal a citizen of the United States as any within their borders — I therefore apply for a pardon — As an officer, I have always endeavored to softne the rigors of War & there are no allegations to the contrary, against me, that I am aware of.
I have the honor to be very respectfully Your Obt Servt,
J. Bankhead Magruder
A pardon is not a small thing. A petition for pardon acknowledges and admits a serious legal or moral transgression on the part of the applicant; issuance of a pardon is a formal act of forgiveness, with the implicit understanding that the offense being pardoned is real, is ended and will not be repeated.
There’s no way to parse or explain away Magruder’s declaratory statement, written in his own hand, that “I am now as loyal a citizen of the United States as any within their borders.” Major General Walker signed an even more explicit statement, that he would “henceforth faithfully support, protect and defend the Constitution of the United States and the Union of the States thereunder,” closing with, “so help me God.“
Are these pledges of loyalty to be taken seriously? It would seem they must be; after all, the core values of loyalty, devotion and personal honor are some of the very things that motivate the desire to recognize these men in the first place. But they voluntarily, formally and explicitly rejected any allegiance to the Confederacy; it’s hard to see how they can still be legitimately considered Confederates. Certainly most Americans today would hesitate to honor an American soldier who formally renounced his American citizenship in favor of another nation’s.
Or should we assume that applying for a pardon and swearing ongoing allegiance to the United States — “in the presence of ALMIGHTY GOD” — was something they simply had to do to get along, and they never really meant it? That it was just what they had to do to get on with their lives? Path of least resistance? Doubtful.
So we’re back to the first option: that these men willingly, voluntarily rejected any further allegiance to the Confederacy. How, then, can they now logically be honored for their loyalty to that defunct nation? There’s not an easy answer to this question; I don’t even think there is an answer that makes any objective sense. But that doesn’t mean we shouldn’t ask the question.
On Friday, University of Texas at Austin President William Powers Jr. issued a statement calling on the university’s Board of Regents to change the name of Simkins Hall, a dorm for graduate and law students. The dorm, built in the 1950s, is named for a famed UT law professor who was a Confederate officer and, as a recent publication points out, a senior leader of the Ku Klux Klan in Florida during Reconstruction and a lifelong, unabashed defender of the “Invisible Empire” throughout his later tenure at the university. The Board of Regents is likely to consider the president’s recommendation at a meeting this week.
William Stewart Simkins (1842-1929) was a well-known member of the faculty at the University of Texas, teaching there from 1899 to 1929. Although he officially attained emeritus status in 1923, he continued to lecture weekly until his death. “Colonel Simkins,” as he was sometimes called, was a memorable teacher, and something of a character. He was grumpy and irritable. He drank whiskey and once got into a famous argument with the temperance leader Carrie Nation. “Many students were scared of him,” one old alum wrote, “but I always got on well with him and did well in his class.”
Simkins was a South Carolinian by birth, and enrolled at the Citadel in the years just before the outbreak of the Civil War. In January 1861, it was Cadet Simkins who sounded the alarm when lookouts sighted Star of the West, a civilian steamer sent by the Buchanan administration to bring supplies to the Federal garrison at Fort Sumter. (Some contemporary accounts credit Simkins with firing the initial gun, widely recognized as the first shot of the Civil War.) Simkins was subsequently commissioned as an artillery officer in a South Carolina battery, participated in the defense of Charleston Harbor in 1863, and ended the war in 1865 as a colonel.
After the war, Simkins settled in Florida, where he and his older brother, Eldred James Simkins (1838-1903), soon helped organize that state’s Ku Klux Klan. By his own admission, William Stewart Simkins played a central role in coordinating that organization’s violence and intimidation against both white “carpetbaggers” and African Americans who challenged the prewar social or political order. Simkins not only acknowledged his role in the Klan’s violent activities, he fairly bragged about his own deeds. In an infamous speech he gave fifteen years after joining the UT faculty — and a half-century after the war — Simkins told of how he ambushed an African American state senator who had spoken out publicly against Simkins’ and his friends’ publication of a anti-Reconstructionist newspaper:
Now in the same town there was a negro [sic.] by the name of Robert Meacham who was. . . brought up as a domestic servant in a refined Southern family and absorbed much of the courteous manner of the old regime. He had been highly honored by the Republican party; in fact, had been made temporary chairman of the so-called Constitutional Convention heretofore referred to. He was at the time of which I am now speaking State Senator and Postmaster in the town. I could hardly exaggerate his influence among the negroes; glib of tongue, he swayed them to his purpose whether for good or evil; in a word, he was their idol. On one occasion he was delivering a very radical speech in which he referred to the paper which we were editing as that “dirty little sheet.” He was correct as to the word “little,” for it was not much larger than a good size pocket handkerchief; but it was exceedingly warm, a fact which had excited his ire. The next day, being informed by a friend who was present of Meacham’s remark, I called upon him at the post-office and asked an interview. With his usual courtesy he bowed and said he would come over to my office as soon as he had distributed the mail. I cut a stick, carried it up to the office and hid it under my desk. Within an hour he appeared. I told him to take a seat, but I could see that he suspected something unusual as he began to back towards the door. I saw that I was going to lose the opportunity of an interview, so I grabbed the stick and made for him. Now, my office was the upper story of a merchandise building approached on the side by wooden stairs. I hardly think that he touched one of those steps going down; it was a case of aerial navigation to the ground. This gave him the start of me. He was pursued up to the postoffice door and through a street filled with negroes and yet not a hand was raised or word said in his defense, nor was the incident ever noticed by the authorities. The unseen power was behind me. Had I attempted anything of the kind a year before I would have been mobbed or suffered the penalties of the law.
In modern-day Texas, this would be considered aggravated assault — a first-degree felony when committed against a public servant.
Simkins’ active involvement with the Klan may have ended when he and his brother came to Texas and began practicing law in Corsicana in the early 1870s, but his open admiration and promotion of the Klan did not. He continued to be an outspoken champion of the “Invisible Empire” throughout his decades on the faculty in Austin. Simkins’ 1914 Thanksgiving Day speech, excerpted above, was so popular that he gave it again on Thanksgiving the following year, 1915, a date which is widely accepted as the rebirth of the Klan in the 20th century. The speech was subsquently published in the UT alumni magazine, The Alcade.
Professor Simkins’ role as a founder of the Ku Klux Klan in Florida had largely been forgotten until this past spring, when Tom Russell, a law professor at the University of Denver, published a paper (PDF download) on the Klan and its sympathizers as a force that had worked steadily behind the scenes at UT to exclude African American students. Russell had first encountered Simkins’ history when Russell himself had been a faculty member in Austin in the 1990s. Russell presented his paper in March at a conference on the UT campus on the history on integration of the school, and publicly called for Simkins Hall to be renamed. The story was quickly picked up in blogs and editorials, and coverage in the Wall Street Journal and on television news soon followed.
It’s important to remember the time at which the decision was made to name the new dormitory after Professor Simkins. An editorial in the campus newspaper, the Daily Texan, points out that the 1954 decision came just weeks after the Supreme Court issued its famous Brown v. Board of Education ruling. But it’s likely that the regents who considered and approved the move were thinking at least as much about an earlier decision, Sweatt v. Painter (1950), in which a unanimous Supreme Court had rejected Texas’ refusal to admit an African American man, Heman Marion Sweatt, to the University of Texas School of Law on the grounds that there was no other public law school in the state of similar caliber open to African Americans. The Sweatt case was another nail in the coffin of separate-but-equal as enshrined in Plessy, and the State of Texas fought hard against it, going so far as to secure a six-month delay in state court quickly to establish a blacks-only law school at Texas Southern University in Houston — now the Thurgood Marshall School of Law. Considering the rancor that surrounded the Sweatt case — a cross was burned in front of the law school during Sweatt’s first semester — it’s hard to believe that just four years later, when it came time to name the new law school dormitory building, old Professor Simkins’ infamous Thanksgiving lectures, attended by hundreds of enthusiastic and applauding students, had been forgotten.
Russell’s call to remove Simkins’ name from the dorm has generated a lot of interest, and much controversy. Russell has continued to be a strong and steadfast advocate for the change, reminding critics that the issue here is not Simkins’ service as a Confederate officer during the war, but his active involvement with the Klan in the years following, and his enthusiastic support of the violence and intimidation they employed. “Please note that I have no problem with Colonel Simkinsʼs service as a Confederate soldier,” Russell wrote in an opinion piece in The Horn, the UT online news site. “Confederate and Union soldiers alike fought with honor. No one should confuse Confederate soldiers with Klansman. Doing so dishonors the soldiers by equating them with criminals.” I’m not certain, based on his manuscript, that Professor Russell is entirely sincere in drawing a bright line between the conduct of klansmen and wartime Confederates more generally; it may be more of a calculation than a conviction.
Nonetheless, Simkins Hall has got to go.
The Board of Regents is widely expected to accept President Powers’ recommendation to rename Simkins Hall this week. The facility’s new name would be “Creekside Dormitory.”
Additional: At the end of the third-to-last paragraph above, I observed that Professor Russell’s distinction between the action of klansmen like Simkins and Confederate soldiers as a whole was “more of a calculation than a conviction.” After thinking about it a little more, I’m convinced of it, but my comment was somewhat flip and unduly harsh. It’s effective strategy. In adding that short paragraph to his op-ed, Professor Russell takes a necessary and practical step to narrow the focus of his campaign. I have no idea what Russell’s views on the Civil War or the Confederacy are generally, but he very wisely keeps the focus here on Simkins, both his actions as a klansman during Reconstruction and his advocacy for the Klan in the decades that followed. The removal of Simkins’ name from the dorm is an easy case to make, on its own merits; allowing others to redirect the debate into one about the Confederacy (or “political correctness,” or the late Senator Robert Byrd, etc.) is wrong. In three sentences, Russell keeps the focus exactly where it should be in this case, on whether or not a major university should retain the name on one of its dormitories of a man whose explicit and enthusiastically-held actions and attitudes are so entirely out of line with the values the institution stands for. By excluding the Confederacy and the war from his central argument, Russell pares his campaign to its central and essential element, reducing it to a core that is effectively impossible to argue against on its own merits. That’s good lawyering.
Additional, Pt. 2: Tom Russell has a column on this case at the Huffington Post.