The Conservative executive committee decided to advise the whites to refrain from voting, and thus defeat the constitution by taking advantage of the law requiring a majority of the registered voters to vote on the question of ratification before the constitution could be ratified. No nominations for office were made for fear that some whites might thus vote on the constitution, and also for fear of conflicts between the races in case of contest at the polls. All were advised to register and to remain away from the polls on election day. It was thought that less irritation would be caused in Congress and elsewhere if the constitution failed in this way than if it were voted down directly. The whites could be more easily persuaded to remain away than to go to the polls, and fewer negroes would vote if the whites did not vote. The people were urged to form organizations to carry out this non-participating programme.[1488]
In every county in the state the Conservatives held meetings, opposing the constitution and pledging all the whites to stay away from the polls. The Conservative press from day to day made known new objections to the constitution: it exempted from sale for debt $3000 worth of property,—whereas the old constitution exempted $500,—and this would exempt every Radical in the state from paying his debts; the power of taxation was in the hands of the non-taxpayers; the distribution of representation was unequal, favoring the black counties;[1489] mixed schools and amalgamation of the races were not forbidden, but were encouraged by the reconstructionists; a large number of whites were disfranchised from voting or holding office,[1490] while all the blacks were enfranchised; the test oath required all voters to swear that they would accept the political equality of the negro and never change their opinions; the Board of Education was given legislative power, and could pass measures over the governor’s veto; an ordinance, which was kept secret, required the governor to organize at once 137 companies of militia, to be assigned almost entirely to the black counties, and under such regulations that it was certain that few whites could serve; this militia, when in service, was to be paid like the regular army, and was to get the proceeds from all property captured or confiscated by it; the government, under this constitution, would cost from one and a half to two million dollars a year.[1491]
Under the proposed constitution it was certain that for a while the government would be in the hands of the extremest Radical clique. The machinery, of the Radical party, of the registration and elections and the candidates nominated by the League were of this faction. The continued rule of the military was preferred by the whites to the rule of the carpet-baggers and the negro. Another reason why the Conservatives wished to keep the state out of the Union still longer was to prevent its electoral vote from being cast for Grant in the fall of 1868. During 1865 and 1866 Grant’s moderate opinions had won the regard of many of the people, but his course during the last year had caused him to be intensely disliked. Though many meetings were held in opposition to the constitution, the campaign on the Conservative side was quiet and unexciting. The thirtieth day of January was set apart as a day of fasting and prayer to deliver the people of Alabama “from the horrors of negro domination.”[1492]
Vote on the Constitution
The registration before the election of delegates to the convention was 165,123,[1493] of whom 61,295 were whites and 104,518 were blacks. Registration continued, and all the eligible whites registered. It is probable that more whites than negroes registered during December and January. And the revision demanded by all honest people evidently had the effect of striking off thousands of negro names; for at the end of the year the registration stood: whites, 72,748; blacks, 88,243; total, 160,991.[1494] By February 1, 1868, the registration amounted to about 170,000,[1495] of whom about 75,000 were whites and 95,000 were blacks. Therefore, more than 85,000 registered voters must participate in the election, or, according to the law, the constitution would fail of adoption.[1496]
The registrars were those who had been appointed by Pope in 1867. More than half of them were candidates for election to office. Meade was not favorably impressed with the character of the candidates nominated by the constitutional convention and by the local councils of the Union League, and he advised against holding the election for officers at the same time that the vote was taken on the constitution. He thought that the nominees were not such men as the friends of Reconstruction would choose if they had a free choice. He believed that the ratification would be seriously affected if these candidates were to be voted for at the same time. Swayne admitted the force of the objection, but was afraid that a revocation of the permission to elect officers at the same time would be disastrous to Reconstruction. Later he agreed that the two elections should not be held at the same time. But Grant objected to making the change, and the election went on.[1497]
General Hayden, Swayne’s successor, removed a dozen or more of the registrars who were candidates for important offices,[1498] and in consequence was abused by the Radicals, who accused him of “hobnobbing with the rebels.” He was “utterly loathed by loyal men,” and they at once began to work for his removal.[1499] Every election official was obliged to take the iron-clad test oath, and as one-third of them were negroes, it was not likely that any of them were hostile to Reconstruction, as was afterwards claimed.
The elections were to begin on February 4 and last for two days. At the suggestion of General Grant the time was extended to four days, and a storm coming on the first day, instructions were sent out to keep the polls open until the close of the 8th of February. But in the remote counties no notice of the extension of time was received. There were three voting places in each county and a person might vote at any one of them (or at all of them if he chose). Late instructions ordered election officials to receive the vote of any person who had registered anywhere in the state. Of the 62 counties, 20 voted four days; 13, two days; 27, five days; and in 2 there were no elections.[1500]
Besides being told the old stories of returning to slavery, of forty acres and a mule, of social rights, etc., various new promises were made to the negroes. One was promised a divorce if he would vote for Reynolds as Auditor, and it was said that Reynolds kept his promise, and saw that the negro afterward secured it. Numerous negro politicians were, according to promise, relieved from “the pains of bigamy” by the first Reconstruction legislation. The discipline of the League was brought to bear on indifferent black citizens, and by threats of violence or of proscription many were driven to the polls. On February 3 the negroes began to flock to the voting places, each with a gun, a stick, a dog, and a bag of rations, as directed by their white leaders. It was again necessary for them to vote “early and often.” The Radical candidates were desperately afraid that the constitution would fail of ratification, and every means was taken to swell the number of votes cast. Many negroes voted rolls of tickets given them by the candidates. They voted one day in one precinct, and the next day in another, or several times in the same place. Little attention was paid to the registration lists, but every negro over sixteen who presented himself was allowed to vote. Hundreds of negro boys voted; it was said that none were ever turned away. Where the whites had men at the polls to challenge voters, it was found almost impossible to follow the lists because so many of the negroes had changed their names since registration. The sick at their homes sent their proxies by their friends or relatives. In one case the Radicals voted negroes under the names of white men who were staying away. The voters migrated from one county to another during the elections and voted in each. This was especially the case in Mobile, Marengo, Montgomery, Macon, Lee, Russell, Greene, Dallas, Hale, and Barbour counties.[1501] The Mobile Register claimed that negro women were dressed in men’s clothes and voted. The Radical chairman of the Board of Registration in Perry County stated that one-third of the votes polled in that county were illegal.[1502] In Mobile, when a negro man appeared whose name was not on the voting list and was challenged by the Conservatives, he was directed by a “pirate”[1503] to go to one D. G. Johnson, a registrar, who would give him, not a certificate of registration, but a ballot, indorsed with the voter’s name and Johnson’s signature. This ballot was to serve as a certificate and was also to be voted.[1504]
The Constitution fails of Adoption