A memorial to Congress was adopted by a vote of 50 to 6, asking that the part of the reconstruction law which required a majority of the registered voters to vote in the election for the adoption of the constitution be repealed. It was now seen that the Conservatives would endeavor to defeat the constitution by refraining from voting.[1462]
An ordinance was passed to protect the newly enfranchised negro voters. The penalty for using “improper influence” and thereby deceiving or misleading an elector was to be not less than one nor more, than ten years’ imprisonment or fine of not more than $2000. The election was ordered for February 4, 1868, to be held under direction of the military commander. In order to bring out a large number of voters, elections were ordered for the same time for all state and county officers, and for members of Congress—several thousand in all. The officers thus elected were to enter at once upon their duties, and hold office for the proper term of years, dating from the legal date for the next general election after the admission of the state.[1463]
Among the scalawag members of the convention, who saw that the carpet-baggers would rule the land by controlling the negro vote, there was much dissatisfaction and at length open revolt. Nine members signed a formal protest against the proposed constitution, stating that a government framed upon its provisions would entail upon the state greater evils than any that then threatened.[1464] Another member protested against the test oath, against the extension of proscription, and against the absence of express provision for separate schools.[1465] The constitution was adopted by a vote of 66 to 8, 26 not voting. A few days after the adjournment, 15 or 20 scalawag members united in an address to the people of Alabama, protesting against the proposed constitution because it was more proscriptive than the acts of Congress, because of the test oath, because the course of the convention had shown that the government would be in the hands of a few adventurers under the control of the blacks, to whom they had promised mixed schools and laws protecting the negro in his rights of voting, eating, travelling, etc., with whites. For these reasons they urged that the constitution be rejected.[1466]
Just before the convention adjourned, Caraway (negro) offered a resolution, which was adopted, stating that the constitution was founded on justice, honesty, and civilization, and that the enemies of law and order, freedom and justice, were pledged to prevent its adoption. But he asserted that God would strengthen and assist those who did right; therefore he advised that a day be set apart “whereby the good and loyal people of Alabama can offer up their adorations to Almighty God, and invoke His aid and assistance to the loyal people of the state, while passing through the bitter strife that seems to await them.”[1467]
A study of the votes and debates leads to the following general conclusion: The majority of the scalawags were ready to revolt after finding that the carpet-bag element had control of the negro vote; the negroes with a few exceptions made no unreasonable and violent demands unless urged by the carpet-baggers; the carpet-baggers with a few extreme scalawags were disposed to resort to extreme measures of proscription in order to get rid of white leaders and white majorities, and to agitate the question of social equality in order to secure the negroes, and to drive off the scalawags so that there would be fewer with whom to share the spoils.[1468]
CHAPTER XV
THE “RECONSTRUCTION” COMPLETED
“Convention” Candidates