Civil War and Reconstruction in Alabama

by Walter L. Fleming

When Pope first assumed command, it was reported that the conservative papers were, at the worst, not hostile to him;[1300] but within a few weeks he had aroused their hostility and the battle was joined. Pope believed that the papers had much to do with inciting hostility against the visiting orators from the North, resulting in such disturbances as the Kelly riot in Mobile. Consequently, instructions were issued prohibiting the publication of articles tending to incite to riot. This order was aimed at the conservative press. No one except the negroes paid much attention to the Radical press. However, after the Mobile trouble the military commander was somewhat nervous and wanted to prevent future troubles. The negroes, now much excited by the campaign, were supposed to be much influenced by the violent articles appearing in the Radical paper of Mobile,—the National. On May 30 an article was printed in that paper instructing the freedmen when, where, and how to use firearms. It went on to state: “Do not, on future occasions [like the Kelly riot], waste a single shot until you see your enemy, be sure he is your enemy, never waste ammunition, don’t shoot until necessary, and then be sure to shoot your enemy. Don’t fire into the air.” Fearing the effect upon the negroes of such advice, the commanding officer at Mobile suppressed the edition of May 30, and prohibited future publication unless the proof should first be submitted to the commandant according to the regulations of May 19, issued by Pope. Instead of approving the action of the Mobile officer, Pope strongly disapproved of and revoked his orders. The Mobile commander was informed that it was the duty of the military authorities, not to restrict, but to secure, the utmost freedom of speech. No officers or soldiers should interfere with newspapers or speakers on any pretext whatever. “No satisfactory execution of the late acts of Congress is practicable unless this freedom is secured and its exercise protected,” Pope said. However, “treasonable utterances” were not to be regarded as the legitimate exercise of the freedom of discussion.[1301]

The conservative papers managed to keep within bounds, and Pope was unable to harm them. Finally he decided to strike at them through the official patronage. By the famous General Order No. 49,[1302] he stated that he was convinced that the civil officials were obeying former instructions[1303] only so far as their personal conversation was concerned, and were using their official patronage to encourage newspapers which opposed reconstruction and embarrassed civil officials appointed by military authority by denunciations and threats of future punishment. Such use of patronage was pronounced an evasion of former orders and an employment of the machinery of the state government to defeat the execution of the Reconstruction Acts. Therefore it was ordered that official advertising and official printing be given to those newspapers which had not opposed and did not then oppose Reconstruction or embarrass officials by threats of violence and of prosecution as soon as the troops were withdrawn.[1304] This order affected nearly every newspaper in the state. There were sixty-two counties, and each had public printing and advertising. On an average, at least one paper for each county was touched in the exchequer, and as Pope reported, “a hideous outcry” arose from the press of the state.[1305] There were only five or six Reconstruction papers in the state, and a modification of the order in practice was absolutely necessary. Pope was so roundly abused by the newspapers, North and South, and especially in Alabama and Georgia, that he seems to have been affected by it. He endeavored to explain away the order by saying that it related only to military officials and not to civil officials. He did not say that in the order, though he may have meant it, and was now using the remarkable method of interpretation suggested to him by Grant in regard to the Reconstruction Acts. Several accounts of newspapers for public advertisements were held up and payments disallowed. The best-known of these papers were the Selma Times and the Eutaw Whig and Observer.[1306] The order was strictly enforced until General Meade assumed command of the Third Military District.

Trials by Military Commissions

The newspapers state that many arrests of citizens were made by military authorities, and in the spring of 1868 they generally remarked that the jails were filled with prisoners thus arrested who were still awaiting trial. Most of these were probably arrested under the Pope régime, since Meade, his successor, was not so extreme. However, Pope, in spite of his threats, had but few persons tried by military commissions. D. C. Ballard was convicted of pretending to be a United States detective and of stealing ninety-five bales of cotton, and was sentenced to eight years’ imprisonment.[1307] One David J. Files was arrested for inciting the Kelly riot at Mobile. Pope said that he was the chief offender and had him imprisoned at Fort Morgan until he could be tried by a military commission. He was fined $100.[1308] William A. Castleberry was convicted by a military commission, fined $200, and imprisoned for one year for purchasing stolen property and for assisting a deserter to escape. Jesse Hays, a justice of the peace in Monroe County, was sentenced to five months’ imprisonment and fined $100 for prescribing a punishment for a negro that could not be prescribed for a white, that is, fifty lashes. Matthew Anderson and John Middleton, who were tried for carrying out the sentence imposed on the negro, were acquitted.[1309] These are all the cases that I have been able to find of trial of civilians by military commission under Pope. In one case there was a direct interference by Pope with the administration of justice. Daniel and James Cash had been indicted in Macon County for murder and had made bond. They were later indicted and arrested in Bullock County. Pope ordered that they be released and that all civil officials let them alone.[1310]

Registration and Disfranchisement

But the prime object of Pope’s administration was not merely to carry on the government in his military province, but to see that the Reconstruction was rushed through in the shortest possible time and in the most thorough manner, according to the intentions of the Congressional leaders as he understood them. As already stated, he had very clear ideas of what should be done, and from the first was hampered by no few doubts as to the limits of his power. The Reconstruction laws were given the broadest interpretation. In the liberal interpretation of his powers Pope was equalled only by Sheridan in the Fifth District.

A week after his arrival in Montgomery Pope directed Swayne to divide the state into registration districts. Army officers were to be used as registrars only when no civilians could be obtained. General supervisors were to look after the working of the registration, and there was to be a general inspector at headquarters. Violence or threats of violence against registration officials would be punished by military commission.[1311] May 21, 1867, the state was divided into forty-two (later forty-four) registration districts, so arranged as to make the most effective use of the black vote.[1312] A board of registration for each district was appointed, each board consisting of two whites and one negro. Since each had to take the “iron-clad” test oath, practically all native whites were excluded, those who were on the lists being men of doubtful character and no ability. There were numbers of northerners. For most of the districts the white registrars had to be imported. It is not saying much for the negro members to say that they were much the more respectable part of the boards of registration.[1313] Again it was stated that in order to secure full registration, the compensation would be fixed at so much for each voter—fifteen to forty cents, the price varying according to density of population. Five to ten cents mileage was paid in order to enable the registrars to hunt up voters. They were directed to inform the negroes what their political rights were and how necessary it was for them to exercise those rights. Voters were to be registered in each precinct, and later, in order to register those missed the first time, the board was to sit, after due notice, for three days at each county seat. Any kind of interference with registration, by threats or by contracts depriving laborers of pay, was to be punished by military commission. The right of every voter under the acts of Congress to register and to vote was guaranteed by the military. In case of disturbance the registrars were to call upon the civil officials or upon the nearest military authorities. If the former refused or failed to protect the registration, they were to be punished by a military commission.[1314] May 1, Colonel James F. Meline was appointed inspector of registration for the Third Military District,[1315] and William H. Smith was appointed general supervisor for Alabama.[1316] Boards of registration were authorized to report cases of civil officials using their influence against reconstruction.[1317] When a voter wished to remove from his precinct after registration, he was to be given a certificate which would enable him to vote anywhere in the state. If he should lose this certificate, his own affidavit before any civil or military official would suffice to obtain a new certificate.[1318]

On June 1, Pope issued pamphlets containing instructions to registrars which were especially definite as to those former state officials who should be excluded from registration. The list of those who were to be disfranchised included every one who had ever been a state, county, or town official and later aided the Confederacy;[1319] former members of the United States Congress, former United States officials, civil and military, members of state legislatures and of the convention of 1861; all officials of state, counties, and towns during the war; and finally judicial or administrative officials not named elsewhere.[1320] The records fail to show that any officials were not excluded from registration except the keepers of poorhouses, coroners, and health officers. Instructions issued later practically repeated the first instructions and added former officials of the Confederate States to the list of disfranchised. The registrars were reminded to enforce the disfranchising clauses of the acts both as to voters and candidates.[1321]

The stringent regulations of Pope caused much bitter comment, and the Washington administration was besought to revoke them. Complaints were coming in from other districts, and on June 18, 1867, at a Cabinet meeting, the questions in controversy were brought up point by point, and the Cabinet passed its opinion on them. A strict interpretation of the Reconstruction Acts was arrived at, which was much more favorable toward the southern people. Stanton alone voted against all interpretation favorable to the South. The interpretation of the acts thus obtained was issued as a circular, the opinion of the Attorney-General, through the War Department and sent to the district commanders on June 20.[1322] As soon as Pope received a copy of the opinion of the Attorney-General he wrote to Grant protesting against the enforcement of the opinion as an order, so far as it related to registration. If enforced, his instructions to registrars would have to be revoked. According to all rules of military obedience, it was his duty to consider the instructions sent him through the adjutant-general’s office as binding, though in this case the instructions were not in the technical form of an order, but he expressed doubt if they were to be considered as an order to him. Grant telegraphed to him to enforce his own construction of the acts until ordered to do otherwise.[1323]