directed to send a judicious and careful officer to be present at such political meetings herein referred to as may occur within the limits of their jurisdiction. Every officer thus detailed, while not interfering with the civil officers in the performance of their duties, will stand ready to interpose, and, if necessary, to bring such military force to the spot, as the necessities of the case may demand. IX. Post and detachment commanders within this district are directed to keep themselves advised of all public political meetings which take place within the limits of their jurisdiction, and during such meetings to hold themselves and their commands in readiness for immediate action at the call of the officer whom they are directed in a previous paragraph of this order to send to such meeting. Commanding officers are informed that they will be held to their full share of responsibility for any want of precautionary measures or prompt action to prevent riots, or to arrest disturbers of the peace. X. The commanding general believes that ordinary good faith on the part of the civil officials above mentioned, in taking the precautionary steps indicated in this order, and in performing their obvious duty, will secure the people of this district from riots or riotous proceedings; and he sincerely hopes that no occasion may arise (as none need arise) for any active participation of the military in the execution of law and the protection of citizens in their legal rights and privileges. By command of Brevet Major-General JOHN POPE. G. K. SAUNDERSON, Captain 33d Infantry, A. A. A. G. During these proceedings the United States District Court was in session in Mobile and the collector of the Federal internal revenue was publicly engaged in his duties. On May 18th Mr. Kelley delivered the same address to an audience at Montgomery composed of white and colored persons. He said that he had been asked if the Sherman bill would be a finality of the reconstruction agitation. He would say, in the name of the whole people of the North, that it would, if complied with in good faith by the people of the South. He saw much in Montgomery to cheer him, and that he would be glad to report it at home. In five years, he predicted that the South would be more liberal than the North. To the freedmen he gave some advice, saying that while liberty and freedom meant equality before the law and a chance for each one to work out his own for tune, it also meant labor, economy, and perseverance. It meant more to the good man than to the bad man. They should be sober and industrious, comply with the laws of the country, and cultivate peaceable relations with the people of Alabama, where they were raised and where they are to live." On June 4th the newly appointed mayor of Mobile assembled both boards of the city council, and in the presence of the military commander of the post, Brigadier-General Shepherd, read an order from General Pope as follows: In pursuance of the recommendation made by Major-General Swayne, commanding District of Alabama, in his communication of the 20th ult., touching the recent disturbances at Mobile, Ala., and for the reasons therein stated, the offices of the city tax collector and city treasurer, and the boards of aldermen and common councilmen are hereby vacated by the removal of the present incumbents, and the following named persons are appointed in their stead. The new incumbents were as much taken by surprise as the old ones; as they had not been consulted, but were appointed as military necessities. Their notification was in the following form: MAYOR'S OFFICE, CITY OF MOBILE, MOBILE, ALA., June 3, 1867. Agreeably to orders received from headquarters, Third Military District, the following named gentlemen, residents of the city, are requested to assemble at the mayor's office at eleven o'clock to-morrow morning. In the common council, the president before adjourning the board sine die said: "Their record shows that at no time, when serious interests were involved, did they fail in being ready and willing to meet the public emergency. During the very riot, the official cause of their removal, every member of the board was present in that chamber, attending to his public duties to the trusts imposed on him by his fellow-citizens. They knew nothing of the riot except from the shots and the shouts that they heard. They could not have been present at that meeting without having deserted their posts. He did not know whether or not these facts had been communicated to the commanding general. "But they were, on that occasion, at their post of duty, and he wanted them to remember that fact. He had no objections to make to their successors, and he was desirous of congratulating the citizens on the character of the new board. It was a fair selection of good and honorable men-men of mark, note, property and worth. They would well fill their places; only, in yielding obedience, he would protest against the way the order issued. Not to manner, for nothing could be more courteous. They lived now no longer under the rights guaranteed by the city charter. They could no longer fulfil the duties they had been sworn to in behalf of the citizens of Mobile." In each board resolutions protesting against the removal from office "except in form and manner and for reasons provided by law" were adopted. Many of the new appointees declined to serve, and others were finally obtained to accept the places. Subsequently an order from General Pope appeared, addressed to the district (State) commanders, directing them to request each Governor to require all vacancies in civil offices to be reported to him, whereupon it is made his duty to report the same to the district commander with such names to fill the vacancies as he may think proper to recommend. On June 4th the "Union Republican" Convention of Alabama assembled at Montgomery. The delegates represented both white and black citizens. The forenoon was occupied with the organization of the convention, the committees of which were divided equally by color. The afternoon was passed in the discussion of a proposition to invite U. S. Judge Busteed to ad 26 This was opposed by dress the convention. the blacks chiefly, because he was president of the meeting in Mobile, when the riot occurred. The question produced much discord and angry discussion. On the next day a letter from the Judge was read, suggesting the adoption of a Union Republican platform as the more preferable action, and the question was laid on the table-yeas 147, nays 25. The convention then proceeded to adopt unanimously the following platform reported by a committee: Whereas, The loyal men of Alabama desire the earliest practicable settlement of the disturbed condition of the country; and whereas, we believe that the establishment of justice is essential to enduring peace, that patriotism should be exalted as a virtue, and that it is the duty of the States to cherish all its people; and whereas, those who assert these principles are throughout the Union called Republicans, 1. Resolved, That the Republican Union Party of Alabama declares itself a part of, and in alliance with, the National Republican Party of the Union, and is the unconditional friend of the Union of these States. 2. Resolved, That we indorse the action of Congress on the question of reconstruction, and will heartily endeavor to carry out the same to its con clusion. 3. Resolved, That we will endeavor to secure, by amendments to the constitutional laws of the United States, and of this State, the equal rights of all men, and the full enjoyment of the rights of citizenship, without distinction on account of color. 5. Resolved, That we discountenance all attempts to stir up strife and contention among the people, believing such a course to be in every way injurious to the country. in order to relieve their serious embarrassments, * On July 26th a long letter was addressed by General Pope to the General-in-chief at Washington, giving his views on reconstruction. He says: "The problem is to perpetuate reconstruction in the spirit and on the principles which can alone assure free government. Should we effect reconstruction after silencing the open opposition of the old political leaders, we stand committed to admit the reconstructed States The moment admission 4. Resolved, That we are the friends and advocates into the Union. * of free speech, free press, free schools and the most into the Union is accomplished, the military liberal provision by the State for the purpose of power is suspended, and, with all restrictions, At once these old political leadeducating the people thereof and henceforward is removed. there is to be no distinction made between the inhab-ers, and the old personal and political influences, itants of this State in civil and political rights on will resume their activity, and we may find too account of color or previous condition. late that such reconstruction as we have made is not only not what was needed and expected, but what will simply result in a reproduction of the same condition of affairs which made reconstruction measures necessary." He expresses doubts of the future of the whites, and considers the condition and future of the colored peoSeveral orders of more or less importance ple far more hopeful and encouraging, etc. were issued at this time by General Pope. In one, dated August 2d, all civil courts of the Third Military Division are prohibited “to entertain any action against officers or soldiers, or any other persons, for acts performed in accordance with orders from the military authorities or by their sanction, and all suits pending, or in which costs had not been collected, were ordered to be at once dismissed." Post and detachment commanders were required to enforce this order strictly, and to report to headquarters any judge or other civil authority who attempted to disobey it. 6. Resolved, That those men who stood firm to the cause of the Union are entitled to that confidence which is the reward of patriotism and fidelity in every land and country. 7. Resolved, That we pledge our endeavors to effect the removal of the tax on cotton and the State poll-tax, and to establish a rule in the State that the tax paid by every man shall be exactly in proportion to the value of his property and none other. 8. Resolved, That we recommend to the people of the State that they manifest to the world their determination to abide by the prescribed terms of restoration, by electing to office those men who can comply in all respects with the requirements of the acts of the United States, and to support for office only such men as are true to the Union and who prefer the Government of the United States to any other that could be formed. 9. Resolved, That all men have a cordial welcome to political equality upon this basis. A State executive committee was appointed, and the convention adjourned. A State Loyal League was in session at the same time, but its proceedings were not made public. At this time the crops in portions of the State were represented to be most promising. The cotton, though not large, was more than an average. Much more was planted than during the previous year. Corn was well advanced and had been planted largely. The people, although closely devoted to making good crops, Another order, of August 19th, required all grand and petit jurors to be taken exclusively from the lists of voters prepared by the Boards of Registration created by the acts of Congress. Each juror was required to take an oath that his name was duly registered. This order was further explained on August 23d to apply to juries already drawn in the Third Military District, so far as to require each individual to take the above-mentioned oath. Those persons not registered were to be set aside, and their places filled by others. Another order prohibited State officers from advertising in journals which opposed the system of reconstruction. This applied to cases even in which a right was given by State law to private parties to advertise in a journal of their own choice, as in probate proceedings. The registration of voters in Alabama was completed in August, and the returns of the chief of the Registration Bureau were as follows: COO Districts. 1 2,671 4,001 969 1,216 1,594 4 1,746 293 5 2,818 1,248 6 1,773 8,275 7 8,032 8,926 8 2,553 1,615 9 1,761 2,788 10 1,275 1,754 11 907 4,229 6,672 6,953 ernment of the rebel States," passed March 2, 1867, and the acts supplementary thereto, it is made the trict to cause a registration to be made of the male duty of the commanding general of this military discitizens of the State of Alabama, twenty-one years of age and upward, and by the terms of said acts qualified to vote; and after such registration is complete, to order an election to be held, at which the regis tered voters of said State shall vote for or against a convention, for the purpose of establishing a constitution and civil government for said State, loyal to the Union, and for delegates to said convention; and to give at least thirty days' notice of the time and place at which the election shall be held; and the said registration having been made in the State of Alabama: II. It is Ordered, That an election be held in the State of Alabama, commencing on Tuesday, the first day of October, A. D. 1867, and continuing three days, at which the registered voters of said State may vote for a Convention" or against a Convention," and for delegates to constitute the convention, in case a majority of votes given on that question shall be for a convention; and in case a majority of all such registered voters shall have voted on the question of holding such convention 4,549 III. It shall be the duty of Boards of Registration 8,029 in Alabama, commencing fourteen days prior to the 5,186 election herein ordered, and giving reasonable public 12 553 2,635 3,308 notice of the time and place thereof, to revise, for a 13 1,340 6,870 8,210 period of five days, the registration lists, and, upon 14 721 3,933 4,654 15 1,980 6,544) 8.474 being satisfied that any person not entitled thereto 16 635 2,502 3.287 has been registered, to strike the name of such per17 2,422 4,657 7,079 son from the list, and such person shall not be al18 2,114 2,719 4,889 lowed to vote. The Board of Registration shall also, during the same period, add to such registry the names of all persons who at that time possess the qualifications required by said act who have not been already registered. 19 1,624 6,225 7,843 2,086 23 1,718 1,633 3,351 25 1,188 2,945 471 2,928 1,704 Jefferson 30 1,256 418 Walker and Winston. 31 1,544 64 Jones, Fayette, and Marion.. 32 1,986 300 2,236 Blount and St. Clair... Total..... 72.748 88,243 160,991 According to the census of the State, taken in 1866, the number of white males then was 261,004, and the number of black males 214,253; total, 475,257 males. The returns give the blacks a majority of 15,495 votes in the State. Of the sixty-two counties only thirty gave small white majorities, and the remaining thirty-two gave large negro majorities. On August 31st Major-General Pope issued the following orders for the election of delegates to a State convention for the purpose of establishing a constitution and civil government for the State of Alabama: IV. In deciding who are to be stricken from or added to the registration lists, the Boards will be guided by the law and the acts supplementary thereto. And their attention is especially drawn to the supplementary act dated July 19, 1867. V. The said election shall be held in each county at the county seat, under the superintendence of the Board of Registration, as provided by law, and in accordance with instructions to be hereafter issued to said Boards. VI. All judges and clerks employed in conducting said election shall, before commencing to hold the same, be sworn to the faithful performance of their duties, and shall also take and subscribe to the oath of office prescribed by law for officers of the United States. VII. The polls shall be opened at each voting-place, during the days specified, at seven o'clock in the forenoon, and closed at six o'clock in the afternoon, and shall be kept open between those hours without intermission or adjournment. Alabama will issue, through the Superintendent of VIII. The commanding officer of the district of Registration for that State, such detailed instructions as may be necessary to the conduct of said election in conformity with the acts of Congress, and, as far as may be, with the laws of Alabama. IX. The returns required by law to be made of the results of said election to the commanding general of this military district, will be rendered by the persons appointed to superintend the same, through the commanding officer of the district of Alabama, and in accordance with the detailed instructions already referred to. X. No registrar who is a candidate for election as a delegate to the convention shall serve as a judge of the election in any county which he seeks to represent. XI. All public bar-rooms, saloons, and other places for the sale of liquors at retail, at the several county seats, shall be closed from six o'clock on the evening of the 30th day of September until six o'clock on the morning of the 4th day of October. And the sheriff of the county shall be held responsible for the strict enforcement of this prohibition by the arrest of all parties who may transgress the same. XII. The sheriff of each county is further required to be present at the place of voting during the whole time that the polls are kept open, and until the election is completed, and is made responsible that no interference with the judges of election, or other interruption of good order, shall occur. And any sheriff or other civil officer failing to perform, with energy and good faith, the duty required of him by this order, will, upon report made by the judges of the election, be arrested and dealt with by military authority. XIII. The following extracts from General Orders, No. 20, from these headquarters, are republished for the information and guidance of all herewith concerned: 12. Violence, or threats of violence, or any other oppressive means to prevent any person from registering his name or exercising his political rights, are positively prohibited; and it is distinctly announced that no contract or agreement with laborers, which deprives them of their wages for any longer time than that actually consumed in registering or voting, will be permitted to be enforced against them in this district; and this offence, or any previously mentioned in this paragraph, will cause the immediate arrest of the offender, and his trial before a military commission. "13. The exercise of the right of every duly authorized voter, under the late acts of Congress, to register and vote, is guaranteed by the military authorities of this district, and all persons whosoever are warned against any attempt to interfere to prevent any man from exercising this right under any pretext whatever, other than objection by the usual legal mode." XIV. The registered voters of the several counties of the State of Alabama shall vote at said election for delegates to the convention, according to the following apportionment, made in conformity to the provisions of the second section of the supplementary act, dated March 28, 1867. * * * JOHN POPE, Major-General commanding. (For the supplementary act of Congress, see ANNUAL CYCLOPEDIA, 1867, CONGRESS, UNITED STATES.) The number of delegates thus apportioned to the State was one hundred. On September 4th a Conservative State convention assembled at Montgomery. It convened under a call previously issued, of which the following is an extract: "The chairman of the Central Executive Committee of the Constitutional Union men of Alabama, who assembled in convention at Selma last year, suggests the holding of a State Conservative convention at the capitol, in the city of Montgomery, on Wednesday, the fourth day of September. "Let every county of the State, laying aside political prejudice, and without reference to differences upon present questions of policy, send large and intelligent delegations to the Conservative convention, for the purpose of uniting in opposition to the enemies of the Constitution, and of securing the welfare of Alabama, and the peace and prosperity of the Union." This convention was organized by the choice of General J. M. Bulger as chairman, and adopted the following resolutions: The Conservative men of the State of Alabama, in convention assembled in the city of Montgomery, adopt, as an expression of their views, the following resolutions of the Conservative men of the State of Pennsylvania, adopted at a recent convention in that State : 1. The Constitution of the United States, being that frame of civil government established by the founders of the Union, with such changes as have been subsequently made therein in the manner prescribed by its rightful government, is binding upon every inhabitant of all ranks, sexes, colors, ages, and conditions, and it is the duty of each and every one, without exception, or modification under any circumtances, to adhere to, protect, and defend the same. 2. In all conflict of powers under that instrument the supreme judiciary power is the only arbiter, which is independent of, and in its province superior to, each of the others, and which they are bound to obey. 3. The Union of the States is decided by the war, and accepted by the Southern people to be perpetual, and the authority of the Federal Government is su preme within its constitutional limits. 4. Congress is not the Federal Government, nor is the President, nor the Supreme Court. The Federal Government is that frame of civil polity established by the Constitution, consisting of all three, each supreme in its own limits, and each entitled, equally with the others, to the loyal obedience of every inhabitant of all the States. 5. By the Constitution and under the fundamental law of the Federal Government, which is superior to Congress, and of which Congress itself is the creature, "representation in Congress and the electoral colleges is a right, fundamental and indestructible in its nature, and abiding in every State; being a duty as well as a right pertaining to the people of every State, and the denial of which is the destruction of the Federal Government." The Conservative men of Alabama adopt, as a further expression of their opinions and purposes, the following: 6. Each State under the Constitution has the ex clusive right to prescribe the qualification of its own electors. 7. Resolved, That it is our earnest aim and purpose to cultivate relations of friendship, harmony, and peace between the two races-to deal justly with the blacks-to instruct, and aid in instructing them in a proper understanding of all their duties to themselves, to society, and to the country-and we denounce as treacherous and base all attempts by bad men to engender or encourage antagonism between the two races. 8. That we are inhabitants of a common country, sharers and sufferers of a common destiny-and we colored race in its moral, social, and political responwill do all in our power to instruct and elevate the sibilities. 9. That while we have much charity for the colored man, and feel inclined to look indulgently and tolerantly on his prejudices of race, inculcated and encouraged as they have been by recent events, and by insidious counsel of bad men, we appeal to him, by the common interests of a common country, to place his trust in those he knows to be honorable, and to deal cautiously with strangers who bear no evidence that they were honored where they are better known. A committee of three was appointed to prepare an address to the people of the United States. It was declared to be the unanimous sentiment of the convention that no issue construction acts of Congress, and the result should be made on the programme of the Reaimed at was to infuse into the approaching State convention a conservative element which would by proper alliances "save the State, if not from the measures proposed by Congress, at least from such measures as the Republicans were now clamorous for in the North and elsewhere." "If the people should vote for a convention, they could see no reason why they should not at the same time vote for men who stood upon a platform of constitutional rights. If the convention should adopt a dangerous constitution, they could see no good reason why the people should ratify it," etc. Much complaint existed relative to the Boards of Registration. Some denounced registration as a farce. It was asserted that in the back counties men were driven away from the books who had never held office, but had furnished the soldiers with food; that five thousand minor blacks had been registered and at least five thousand whites defrauded of their right to register, etc. It was also considered that the recent Amnesty Proclamation of the President relieved nearly all the whites of any danger from confiscation, or trial for treason, and restored them to the same right of suffrage they had before the war, so far as the action of the Federal Government was concerned. It was not anticipated that these additional names would be allowed by the military commanders to go on the registers, as these officers were in a measure independent of the President, and sustained by Congress. And they were not entered. The chief of the Board of Registration, on September 7th, issued detailed instructions to the Boards in the State, in compliance with a general order from headquarters. The following relate to the manner of voting: I. The revision of the registration, which is directed by law to commence fourteen days before the election, will be made in the set of books retained by each board, using for that purpose the blank pages left at the end of each precinct. A duplicate list of the names added or struck off will be sent to this office for the completion of the record. Each name should be numbered as in the preceding registration. II. Printed lists of registered voters, arranged for convenient use at the election, are in preparation, and will be dispatched to the several boards as fast as completed. Should doubt arise, in any case, as to the accuracy of any of these, they will be verified by reference to the books of registration, which should be at the place of election for that purpose. Such correction as the revision of the registration may require should be carefully made beforehand. III. Boards of Registration will provide, at each place of election within their respective districts, such number of ballot-boxes (the same that are used at ordinary elections) as shall be ample to receive within three days the vote of the county. When more boxes than one are used, the county will be divided among them by precincts, and such publication made as shall avoid confusion. IV. Boards of Registration will assign to each ballot-box three judges of election, who shall also act as clerks, and to whom compensation will be made from this office. They will also be sworn, as required by Paragraph VI., General Order No. 59, above referred to. Members of Boards of Registration will, when convenient, act as judges of election. VI. But one ballot will be received from each voter, which shall contain his vote upon the question of convention, and for delegates, either or both, as he may desire. VII. Each voter, in presenting a ballot, shall give his name to the judges of election. One of the judges shall receive the ballot, call his name audibly, and if he be registered, and be the man he represents himself to be, deposit the ballot in the box. At the same time the name of the voter on the printed lists shall be so marked as to prevent a repetition of his vote. VIII. The ballots shall be counted by the judges, one of whom shall take them separately from the box, reading aloud "for a convention" or "against a convention," as the case may be, and the names of the persons voted for as delegates to the convention. An account shall be made by the other two of the number of votes given of each class as regards the convention, and for each person as a delegate. The following is the official vote of the State under the Reconstruction Acts of Congress: |