So much for the general regulation and supervision of the civil authorities by the army. There were but a few hundred troops intrusted with the execution of these regulations, which were, of course, enforced only spasmodically. The more prominent officials were closely watched, but the only effect in country districts was to destroy all government. Many judges, while willing to have their jurors drawn from the voting lists, refused to accept ignorant negroes on them, or to order the selection of mixed juries, and many courts were closed by military authority. Judge Wood, of the city court of Selma, had a jury drawn of whites. A military commission, sitting in Selma, refused to allow cases to be tried unless negroes were on the jury. Pope’s order was construed as requiring negroes on each jury, and he so meant it.[1282] Later, he published an order requiring jurors to take the “test oath,” which would practically exclude all the whites.[1283] Prisoners confined in jail under sentence by jurors drawn under the old laws were liberated by the army officers or by Freedmen’s Bureau officials. Twice in the month of December, 1867, there were jail deliveries by military authorities in Greene County.[1284]
Within the first month Pope began to remove civil officials and appoint others. Mayor Joseph H. Sloss of Tuscumbia was the first to go. Pope alleged that the election had not been conducted in accordance with the acts of Congress and forthwith appointed a new mayor. No complaint had been made, the removal being caused by outside influence.[1285] At this election, negroes for the first time in Alabama had voted under the Reconstruction Acts. Sloss had received two-thirds of all votes cast. Evidently the blacks had been controlled by the whites, which was contrary to the spirit of the Reconstruction.
Immediately after a riot in Mobile[1286] following an incendiary speech by “Pig Iron” Kelly of Pennsylvania, one of the visiting orators, Colonel Shepherd of the Fifteenth Infantry assumed command of the city. The police were suspended. Breach of the peace was punished by the military authorities. Out-of-door congregations after nightfall were prohibited. Notice of public meetings had to be given to the acting mayor in time to have a force on hand to preserve the peace. The publication of incendiary articles in the newspapers was forbidden. The provost guard was directed to seize all large firearms in the possession of improper persons and to search suspected persons for small arms. The special police, when appointed, were ordered to restrict their duties to enforcing the city ordinances. All offences against military ordinances would be attended to by the military authorities. A later order prohibited the carrying of large firearms without special permission. Deposits of such arms were seized.[1287]
Pope declared all offices vacant in Mobile and filled them anew,[1288] in the face of a report by Swayne that reasonable precautions had been taken to prevent disorder. The blame for this action of Pope’s fell upon Swayne, who had to carry out the orders. The officers appointed by Pope refused to accept office, and then he seems to have offered to reappoint the old officials, and they declined. Thereupon he lost his temper and directed Swayne to fill the vacancies in the city government of Mobile “from that large class of citizens who have heretofore been denied the right of suffrage and participation in municipal affairs and whose patriotism will prevent them from following this disloyal example.” He was referring to the refusal of the former members of the city government to accept reappointment after suspension, and meant that negroes should now be appointed. Swayne offered positions to some of the most respected and influential negroes, who declined, saying that they preferred white officials. Negro policemen were appointed.[1289] In October a case came up in Mobile which caused much irritation. The negro policemen were troublesome and insolent, and one day a little child ran out into the street in front of a team driven by a negro, who paid no attention to the mother’s call to him to stop his horses. Some one snatched the baby from under the heels of the horses, and the scared and angry mother relieved her feelings by calling the driver a “black rascal.” The negro policemen came to her house, arrested her, and with great brutality dragged her from the house and along the street. Another woman asked the negroes if they had a warrant for the arrest of the first woman. She was answered by the polite query, “What the hell is it your business?” Mayor Horton, Pope’s appointee, fined the woman ten dollars[1290]—for violation of the Civil Rights Bill, it is to be presumed, since that was considered to cover most things pertaining to negroes.
This Mayor Horton had a high opinion of his prerogatives as military mayor of Mobile. The Mobile Tribune had been publishing criticisms on his administration and also of Mr. Bromberg, one of his political brethren. Archie Johnson, a crippled, half-witted negro newsboy, was, it is said, hired to follow the mayor about, selling his Tribune papers, much to the annoyance of Mayor Horton. On one occasion Archie cried, “Here’s yer Mobile Tribune, wid all about Mayor Horton and his Bromberg rats.” This was too much for the military mayor, and, considering the offence as one against the Civil Rights Bill, he sentenced the negro to banishment to New Orleans. Archie soon returned and was again exiled by the mayor. Here was an opportunity for the people to get even with Horton, and suit was brought in the Federal court before Busteed, who was now somewhat out with his party. Horton was fined for violation of the Civil Rights Bill.[1291]
Many officials were removed and many appointments made by Pope. His removals and appointments included mayors, chiefs of police, tax assessors and collectors, school trustees, county commissioners, justices of the peace, sheriffs, judges, clerks of courts, bailiffs, constables, city clerks, solicitors, superintendents of schools, aldermen, common councils, and all the officials of Jones and Colbert counties.[1292] Pope was roundly abused by the newspapers and by the people for making so many changes. I have been unable to find, however, the names of more than thirty-four officials of any consequence who were removed by Pope. He made 224 appointments to such offices, besides minor ones. A clean sweep of all officials from mayor to policemen was made in Mobile and again in Selma. Most vacancies were caused by expiration of term of office or by forced resignation.[1293]
As there was need of money to pay the expense of the convention soon to assemble, and as the taxpayers were beginning to understand for what purposes their money was to be used and were in many instances refusing to pay, Pope issued an order to the post and detachment commanders directing them to furnish military aid to state tax-collectors.[1294] The bitterest reconstructionists were heartily in favor of aid to the tax-collecting branch of the “rebel” administration. They needed money to carry out their plans. When the terms of the tax-collectors expired, they were ordered to continue in office until their successors were duly elected and qualified,[1295] which, of course, meant to continue the present administration until the reconstructed government should take charge. Pope was very careful not to allow the civil government to spend any of the money coming in from taxes. He said that he thought it proper to prohibit the state treasurer from paying out money for the support of families of deceased Confederate soldiers, for wooden legs for Confederate soldiers, etc., since the convention soon to meet would probably not approve expenditure for such purposes.[1296] Later the treasurer was ordered to pay the per diem of the delegates and the expenses of the convention, though Pope expressed doubt, for once, of his authority in the matter.[1297]
General Swayne, at Montgomery, who had long been at the head of the Freedmen’s Bureau in the state and also military commander of the District of Alabama since June 1, 1866, found himself relegated to a somewhat subordinate position after Pope assumed command in the Third District. The latter took charge of everything. If a negro policeman were to be appointed in Mobile, Pope made the appointment and issued the order. Nor did he always send his orders to Swayne to be republished. In consequence, Swayne dropped out of the records somewhat, but he had to bear much of the blame that should have fallen on Pope, though he was in full sympathy with the views of the latter. He was, however, a man of much more ability than Pope, of sounder judgment, and had had legal training. Consequently, Pope relied much upon him for advice in the many knotty questions that came up, often coming from Atlanta to Montgomery to see Swayne, and as a rule none of his well-known proclamations were ever issued when under the latter’s influence. The orders written for him or outlined by Swayne were stringent, of course, but clear, short, and to the point. Pope’s own masterpieces were long, rhetorical, and blustering. His favorite valedictory at the end of an order was a threat of martial law and military commissions.
General Swayne was still at the head of the Freedmen’s Bureau, and in this capacity he made his authority felt. In April, 1867, he ordered probate judges to revise former actions in apprenticing minors to former owners and to revoke all indentures made since the war if the minors were able to support themselves. Though the vagrancy law had never been enforced and had been repealed by the legislature, he declared its suspension. The chain-gang system was abolished, except in connection with the penitentiary.[1298] In the fall, in order to secure pay for negro laborers, he ordered a lien on the crops grown on the farm where they were employed. This lien was to attach from date of order and to have preference over former liens.[1299]
Pope and the Newspapers