Civil War and Reconstruction in Alabama

by Walter L. Fleming

On April 1, 1867, General Pope arrived in Montgomery and assumed command of the Third Military District. General Swayne was continued in command of Alabama as a sub-district. Pope announced that the officials of the provisional government would be allowed to serve out their terms of office, provided the laws were impartially administered by them. Failure to protect the people without distinction in their rights of person and property would result in the interference of the military authorities. Civil officials were forbidden to use their influence against congressional reconstruction. No elections were to be held unless negroes were allowed to vote and the whites disfranchised as provided for in the act of March 2. However, all vacancies then existing or which might occur before registration was completed would be filled by military appointment. The state militia was ordered to disband.[1266] General Swayne proclaimed that he, having been intrusted with the “administration of the military reconstruction bill” in Alabama, would exact a literal compliance with the requirements of the Civil Rights Bill. All payments for services rendered the state during the war were peremptorily forbidden.[1267] The Herald correspondent reported that Pope’s early orders were favorably received by the conservative press of Alabama, and that there was no opposition of any kind manifested. The people did not seem to realize what was in store for them. The army thought necessary to crush the “rebellious” state was increased by a few small companies only, and now consisted of fourteen companies detached from the Fifteenth and the Thirty-third Infantry and the Fifth Cavalry, amounting in all to 931 men, of whom eight companies were in garrison in the arsenal at Mount Vernon and the forts at Mobile.[1268] The rest were stationed at Montgomery, Selma, and Huntsville.

Writing to Grant on April 2, Pope stated that the civil officials were all active secessionists and would oppose Reconstruction. But the people were ready for Reconstruction, which he predicted would be speedy in Alabama. Five days later he wrote that there would be no trouble in Alabama; that Governor Patton and nearly all the civil officials and most of the prominent men of the state were in favor of the congressional Reconstruction and were canvassing the state in favor of it.[1269] He was evidently of changeable opinions. However, he was so impressed with the goodness of Alabama and the badness of Georgia, that, in order to be near the most difficult work, he asked Grant to have headquarters removed to Atlanta, which was done on April 11.[1270]

FEDERAL COMMANDERS,
Who ruled the State, 1865-1868.

General George H. Thomas, in command of the district including Alabama, 1864-1867.		General Wager Swayne, Assistant Commissioner of Freedmen’s Bureau.
General John Pope, First Commander of Third Military District.		General George G. Meade (in field uniform), Commander of Third Military District.

The Georgia people were evidently so bad that they caused a change in his former favorable opinion of the people in general, or rather of the whites, for in a letter to Grant, July 24, 1867, we find a frank expression of his sentiments in regard to Reconstruction. He thought the disfranchising clauses were among the wisest provisions of the Reconstruction Acts; that the leading rebels should have been forced to leave the country and stay away; that all the old official class was opposed to Reconstruction and was sure to prevail unless kept disfranchised; that it was better to have incompetent loyal men in office than rebels of ability,—in fact, the greater the ability the greater the danger; that in order to retain the fruits of reconstruction the old leaders must be put beyond the power of returning to influence. He had by this time evidently become somewhat disgusted with the reconstructionists, for he intimated that none of the whites were fit for self-government, and was strongly of the opinion that, in a few years, intelligence and education would be transferred from the whites to the negroes. He predicted ten thousand majority for Reconstruction in Alabama, but thought that in case Reconstruction succeeded in the elections, some measures would have to be taken to free the country of the turbulent and disloyal leaders of the reactionary party, or there would be no peace.[1271]

Control of the Civil Government

Pope instructed the post commanders in Alabama to report to headquarters any failures of civil tribunals to administer the laws in accordance with the Civil Rights Bill or the recent acts of Congress. They were, above all, to watch for discrimination on account of color, race, or political opinion. While not interfering with the functions of civil officers, they were instructed to give particular attention to the manner in which such functions were discharged.[1272] Civil officials were warned that the prohibition against their using influence against Reconstruction would be stringently enforced. They were not to give verbal or written advice to individuals, committees, or the public unless in favor of Reconstruction. Officials who violated this prohibition were to be removed from office and held accountable as the case demanded.[1273] District and post commanders were ordered to report to Pope all state, county, or municipal officials who were “disloyal” to the government of the United States, or who used their influence to “hinder, delay, prevent, or obstruct the due and proper administration of the acts of Congress.”[1274] Later, Grant and Pope decided that the paroles of soldiers were still in force and that any attempt to “prevent the settlement of the southern question would be a violation of parole.”[1275]

In May, Pope issued orders informing the officials of Alabama of their proper status. There was no legal government in Alabama, they were told, and Congress had declared that no adequate protection for life and property existed. The military authorities were warned that upon them rested the final responsibility for peace and security. Consequently when necessary they were to supersede the civil officials. In towns, the mayor and chief of police were required to be present at every public meeting, with sufficient force to render disturbance impossible. It would be no excuse not to know of a meeting or not to apprehend trouble. Outside of towns, the sheriff or one of his deputies was to be present at such gatherings, and in case of trouble was to summon a posse from the crowd, but must not summon officers of the meeting or the speakers. It was declared the duty of civil officials to preserve peace, and assure rights and privileges to all persons who desired to hold public meetings. In case of disturbance, if it could not be shown that the civil officials did their full duty, they would be deposed and held responsible by the military authorities. When the civil authorities asked for it, the commanders of troops were to furnish detachments to be present at political meetings and prevent disturbance. The commanding officers were to keep themselves informed in regard to political meetings and hold themselves ready for immediate action.[1276]

From the beginning, Pope, supported and advised by General Swayne, pursued extreme measures. There were soon many complaints of his arbitrary conduct. In his correspondence with General Grant he complained of the attitude of the Washington administration toward his acts, and largely to support Pope (and Sheridan in the Fifth District), Congress passed the act of July 19, 1867, which was the last of the Reconstruction Acts, so far as Alabama was concerned. This law declared that the civil governments were not legal state governments and were, if continued, to be subject absolutely to the military commanders and to the paramount authority of Congress. The commander of the district was declared to have full power, subject only to the disapproval of General Grant, to remove or suspend officers of the civil government and appoint others in their places. General Grant was vested with full power of removal, suspension, and appointment. It was made the duty of the commander to remove from office all who opposed Reconstruction.[1277] Pope had already been making use of the most extreme powers, and the only effect of the act was to approve his course. Pope gave the laws a very broad interpretation, believing that Reconstruction should be thoroughly done in order to leave no room for future trouble and embarrassment. Grant, on August 3, wrote to him[1278] approving his sentiments, and went on to say: “It is certainly the duty of the district commander to study what the framers of the Reconstruction laws wanted to express, as much as what they do express, and to execute the law according to that interpretation.”[1279] This was certainly a unique method of interpretation and would justify any possible assumption of power.

There had been several instances of prosecution by state authorities of soldiers and officials for acts which they claimed were done under military authority. Pope disposed of this question by ordering the civil courts to entertain no action against any person for acts performed in accordance with military orders or by sanction of the military authority. Suits then pending were dismissed. The military authorities were to enforce the order strictly and report all officials who might disobey.[1280] A few weeks later a decree went forth that all jurors should be chosen from the lists of voters registered under the acts of Congress. They must be chosen without discrimination in regard to color, and each juror must take an oath that he was a registered voter. Those who could not take the oath were to be replaced by those who could.[1281]