Civil War and Reconstruction in Alabama

by Walter L. Fleming

In order to remove all doubt in the matter, Congress, in the act of July 19, 1867, sustained Pope’s interpretation of the acts and made it law. The construction placed upon the laws by the Cabinet was repudiated, and officers acting under the Reconstruction Acts were not to consider themselves bound by the opinion of any civil officer of the United States.[1324] This was aimed at the Attorney-General and the Cabinet. The law also gave the registrars full judicial powers to investigate the records of those who applied for registration. Witnesses might be examined touching the qualifications of voters. The boards were empowered to revise the lists of voters and to add to or strike from it such names as they thought ought to be added or removed. No pardon or amnesty by the President was to avail to remove disability.[1325]

The Elections and the Convention

After the passage of this law it was smooth sailing for Pope. Registration went on with such success that on August 31 he was induced to order an election to be held on October 1 to 4, for the choice of delegates to a convention, and an apportionment of delegates among the various districts was made at the same time. In the distribution the black counties were favored at the expense of the white counties.[1326]

The work of the registrars was thoroughly done. The negro enrolment was enormous; the white enrolment was small. The registration of voters before the elections was: whites, 61,295; blacks, 104,518; total, 165,813.[1327] For the convention and for delegates 90,283 votes were cast. Of these 18,553 were those of whites, and 71,730 were negro votes. Against holding a convention, 5583 white votes were cast, and 69,947 registered voters failed to vote—37,159 whites and 32,788 blacks.[1328] The names of the delegates chosen were published in general orders, and the convention was ordered to meet in Montgomery on November 5.[1329] During the session of the convention Pope took a rest from his labors and spent some time in Montgomery. He was a great favorite with the reconstructionists and was accorded special honors by the convention. But he did not think as highly of reconstructionists as when he first assumed command, and the antics of the “Black Crook” convention made him nervous. After a month’s session he was glad to see it disband.[1330]

One of the last important acts of Pope’s administration was to order an election for February 4 and 5, 1868, when the constitution should be submitted for ratification or rejection, and when by his advice candidates for all offices were to be voted for. Two weeks beforehand the registrars were to revise their lists, adding or striking off such names as they saw fit. Polls were to be opened at such places as the board saw fit. Any voter might vote in any place to which he had removed by making affidavit before the board that he was registered and had not voted before.[1331]

Removal of Pope and Swayne

Both Pope and Swayne had been charged with being desirous of representing the states of the Third Military District in the United States Senate. Pope had made himself obnoxious to the President, and the white people of Alabama and Georgia were demanding his removal. So, on December 28, 1867, an order was issued by the President, relieving Pope and placing General Meade in command of the Third Military District. General Swayne was at the same time ordered to rejoin his regiment,[1332] and a few days later his place was taken by General Julius Hayden.[1333] The whites were greatly relieved and much pleased by the removal of both Pope and Swayne. The former had become obnoxious on account of the extreme measures he had taken in carrying out the Reconstruction Acts, on account of his irritating proclamations, his attitude toward the press, etc. General Swayne had long enjoyed the confidence of the best men. His influence over the negroes was supreme, and had been used to promote friendly relations between the races. But as soon as the Reconstruction was taken charge of by Congress and party lines were drawn, all his influence, personal and official, was given to building up a Radical party in the state and to securing the negroes for that party. He was high in the councils of the Union League and controlled the conventions of the party. The change of rulers is said to have had a tranquillizing effect on disturbed conditions in Alabama.[1334] But the people of Alabama would have been pleased with no human being as military governor invested with absolute power.

Sec. 2. The Administration of General Meade

Registration and Elections

On January 6, 1868, General Meade arrived in Atlanta and assumed command of the Third Military District.[1335] His first and most important duty was to complete the military registration of voters, and hold the election for ratification of the constitution and for the choice of officials under it. Registration had been going on regularly since the summer of 1867, and after the convention had adjourned there was a rush of whites to register in order to defeat the constitution by refraining from voting on it. As the time for the election drew near the friends of the Reconstruction, much alarmed at the tactics of the Conservative party, brought pressure to bear upon Grant, who suggested to Meade that an extension of time be made. Consequently, the time for the election was extended from two to five days in order to enable the remotest negro to be found and brought to the polls. At the same time the number of voting places was limited to three in each county,[1336] in order to lessen the influence of the whites over the blacks.