Civil War and Reconstruction in Alabama

by Walter L. Fleming

CHAPTER XII

MILITARY GOVERNMENT UNDER THE RECONSTRUCTION ACTS

Sec. I. The Administration of General Pope

The Military Reconstruction Bills

The Radicals in Congress triumphed over the moderate Republicans, the Democrats, and the President, when, on March 2, 1867, they succeeded in passing over the veto the first of the Reconstruction Acts. This act reduced the southern states to the status of military provinces and established the rule of martial law. After asserting in the preamble that no legal governments or adequate protection for life and property existed in Alabama and other southern states, the act divided the South into five military districts, subject to the absolute control of the central government, that is, of Congress.[1258] Alabama, with Georgia and Florida, constituted the Third Military District. The military commander, a general officer, appointed by the President, was to carry on the government in his province. No state interference was to be allowed, though the provisional civil administration might be made use of if the commander saw fit. Offenders might be tried by the local courts or by military commissions, and except in cases involving the death penalty, there was no appeal beyond the military governor. This rule of martial law was to continue until the people[1259] should adopt a constitution providing for enfranchisement of the negro and for the disfranchisement of such whites as would be excluded by the proposed Fourteenth Amendment to the United States Constitution. As soon as this constitution should be ratified by the new electorate (a majority voting in the election) and the constitution approved by Congress, and the legislature elected under the new constitution should ratify the proposed Fourteenth Amendment, then representatives from the state were to be admitted to Congress upon taking the “iron-clad” test oath of July 2, 1862.[1260] And until so reconstructed the present civil government of the state was provisional only and might be altered, controlled, or abolished, and in all elections under it the negro must vote and those who would be excluded by the proposed Fourteenth Amendment must be disfranchised.[1261]

The President at once (March 11, 1867) appointed General George H. Thomas to the command of the Third Military District, with headquarters at Montgomery, but the work was not to General Thomas’s liking, and at his request he was relieved, and on March 15 General Pope was appointed in his place.[1262] Pope was in favor of extreme measures in dealing with the southern people and stated that he understood the design of the Reconstruction Acts to be “to free the southern people from the baleful influence of old political leaders.”[1263]

The act of March 2 did not provide for forcing Reconstruction upon the people. If they wanted it, they might initiate it through the provisional governments, or if they preferred, they might remain under martial law. While all people were anxious to have the state restored to the Union, most of the whites saw that to continue under martial law, even when administered by Pope, was preferable to Reconstruction under the proposed terms. Consequently the movement toward Reconstruction was made by a very small minority of the people and had no chance whatever of making any headway.

Therefore, in order to hasten the restoration of the states and to insure the proper political complexion of the new régime, Congress assumed control of the administration of the law of March 2, by the supplementary act of March 23, 1865. “To facilitate restoration” the commander of the district was to cause a registration of all men over twenty-one not disfranchised by the act of March 2, who could take the prescribed oath[1264] before the registering officers. The commander was then to order an election for the choice of delegates to a convention. He was to apportion the delegates according to the registered voting population. If a majority voted against holding the convention, it should not be held. The boards of registration, appointed by the commanding general, were to consist of three loyal persons. They were to have entire control of the registration of voters, and the elections and returns which were to be made to the military governor. They were required to take the “iron-clad” test oath, and the penalties of perjury were to be visited upon official or voter who should take the oath falsely. After the convention should frame a constitution, the military commander should submit it to the people for ratification or rejection. The same board of registration was to hold the election. If the Constitution should be ratified by a majority of the votes cast in the election where a majority of the registered voters voted, and the other conditions of the act of March 2 having been complied with, the state should be admitted to representation in Congress.[1265]

Pope assumes Command