not disposed to impede in any manner the free exercise of speech to all and every class of persons.

On May 22d General Pope issued an order "on the recommendation of General Swayne," deposing the mayor and chief of police from office, and appointing other persons in their places. The new mayor was the president at the public meeting when the disturbances took place. The following is General Pope's report of these changes to General Grant:

HEADQUARTERS THIRD MILITARY DISTRICT
(GEORGIA, ALABAMA, AND FLORIDA),

ATLANTA, GA., May 23, 1867. GENERAL: I have the honor to transmit enclosed the report of Generals Swayne and Dunn concerning the late riot in Mobile, Alabama, as also the report of Colonel Shepherd, 15th Infantry, commanding the post. You will not fail to notice some (though not important) discrepancies in these two reports.

One thing is manifest, and that is, that the mayor, Jones M. Withers, though everybody (and no doubt himself included) apprehended disturbance during Judge Kelley's speech, instead of being present with the necessary police force and arrangements to keep the peace, went off to his house, a mile and a half distant, because, probably, he supposed the sentiments of the speaker would not be pleasant to him, and left the peace of the city in the hands of a chief of police, who either sympathized with the rioters, or was wholly inefficient. It certainly is not to be attributed to the zeal or conduct of either of these functionaries that the riot did not assume formidable proportions. I have therefore removed both, not only because of their criminal misconduct on this occasion, but because there is not likely to be confidence of any security whatever hereafter whilst they retain their offices.

I have appointed Mr. Horton, a much-respected Union man of Mobile, mayor; and Colonel Dimon, formerly of the army, but for the last year a citizen of Mobile, chief of police.

I will remodel the entire police force, and probably change the board of aldermen in a few days.

Colonel Dimon I know well personally, as he served for a long time under my command, and whilst he is chief of police, I will guarantee that there will not be another riot in Mobile.

The instigator of the late riot, or, rather, the most conspicuous actor in it, is in confinement at Fort Gaines, and will be tried by military commission. The civil authorities released him on bail. Active measures are being taken to arrest the other parties concerned. Until the new city government is fully installed and in successful operation, the military authorities will control the police of the city.

servant,

I am, general, very respectfully, your obedient JOHN POPE, Brevet Major-General, U. S. A., commanding. GEN. U. S. GRANT, General-in-Chief, U. S. A., Washington, D. C.

Subsequently, on May 29th, General Pope issued the following order, stating his reasons for removing the authorities of Mobile, and announcing to the civil officers of the Third Military Division the position which they occupied under the acts of Congress:

General Orders, No. 25.

HEADQUARTERS THIRD MILITARY DISTRICT
(GEORGIA, ALABAMA, AND FLORIDA),
ATLANTA, Ga., May 29, 1867.

I. The late disgraceful riot at Mobile, due mainly to want of efficiency or inclination on the part of the mayor and chief of police to perform their obvious duty, seems to render it necessary that the military authorities of this district should explain to all such officials the position they occupy under the laws of

the United States, and the manner in which they will be expected to discharge their trusts.

II. The late acts of Congress are prefaced with the statement "that no legal State government or adequate protection for life or property now exists in the rebel States of * * *Georgia, Alabama, and Florida," and these acts, therefore, whilst proceeding to recognize the existing State governments as provisional merely, establish also a military supervisory government, which is made responsible for that security of life and property to citizens which was not possessed previous to their passage.

The final responsibility for peace and security in the several States in this military district rests, therefore, with the military authorities, and in case the civil provisional officers in any part of it prove unable or unwilling to protect the people, it becomes necessary for the military power either to supersede them by military officers or by other civil officers or organizations which will effect the object.

III. In order that the civil officers in this district may understand precisely what is expected of them by the military authorities, the following rules are established:

IV. In cities or towns having municipal government, the mayor and chief of police, or other civil officers possessing their authority (where there is no mayor or chief of police), are required to be present at every public political meeting or assemblage which occurs within the limits of their jurisdiction, with such police force and arrangements as will render disturbances or riots impracticable. It will be no excuse to say that such civil authorities did not know of the meeting, or did not apprehend disturbance. It is easy by municipal regulation to require that sufficient notice of any such meeting be given to the mayor or other proper authority to enable him to prepare for the suppression of disturbance; and it is proper in the present excited state of the public mind to make such arrangements as are necessary for the preservation of peace at all public political meetings, even if there be really no danger of disturbance. In any event the civil officers also referred to, as well as those hereinafter mentioned, will guide themselves by this understanding.

V. At all public political meetings or assemblages held outside of town or city corporations, the sheriff of the county or his deputy, or a deputy specially appointed for the occasion, will be present, and will, in case of need, organize a posse from the people on the ground, which he will hold separate from the body of the assemblage, to interpose, if necessary, to preserve the peace; but in selecting persons to serve as a temporary police force or posse, they are instructed not to summon any of the officers or public speakers of the assemblage. Sheriff's, or their deputies, are empowered to exact service from all persons thus summoned as a posse, and to require that due notice shall be given to the sheriffs themselves of any public political meetings or assemblages which may be called in their respective counties, in time to make the arrangements herein indicated. of the proper municipal authorities, and the sheriff's VI. It is to be distinctly understood that the duty of counties, is to preserve the peace, and to assure their rights and privileges to all persons who desire to hold public meetings not in violation of law, and prevent the invasion of such rights and privileges.

VII. In case of any riot or disturbance, if it cannot be clearly shown that the civil officers above indicated were present, and did actively and faithfully perform their duties, both by word and deed, such officers will be deposed from their offices and otherwise held responsible by the military authorities to the full extent of the neglect or criminality manifested by them.

VIII. All commanders of troops in this district are also instructed to render to the above-mentioned civil officers, on their application, whatever military aid may be needed, and the military commanders are

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, ir 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 alderen 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 inready and willing to meet the public emergency. terests were involved, did they fail in being 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

dress the convention. This was opposed by 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 conclusion.

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.

4. Resolved, That we are the friends and advocates of free speech, free press, free schools and the most liberal provision by the State for the purpose of educating the people thereof and henceforward there is to be no distinction made between the inhabitants of this State in civil and political rights on account of color or previous condition.

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.

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,

in order to relieve their serious embarrassments, were harmonious and unanimous on the subject of reconstruction, in faithful compliance with the terms submitted by Congress, believing that in such a course existed the only grounds to hope for the prompt return of peace and settled order. The most friendly relations were existing between the freedmen and the whites. The former, in spite of some efforts to introduce exciting political sentiments, followed by a neglect of labor, were industriously and faithfully performing their contracts, and seemned decidedly disposed to heed the advice and counsels of their present employers rather than listen to agitators of political doctrines. Great destitution prevailed very generally among classes who from feeble age or decrepitude were unable to labor, and whom the people in their own exigencies were unable adequately to relieve.

says:

66

On July 26th a long letter was addressed by General Pope to the General-in-chief at Washington, giving his views on reconstruction. He 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 into the Union. into the Union is accomplished, the military power is suspended, and, with all restrictions, is removed. At once these old political leaders, and the old personal and political influences, will resume their activity, and we may find too 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 people far more hopeful and encouraging, etc.

In

Several orders of more or less importance were issued at this time by General Pope. 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.

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

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 POPÉ, 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 Pennsylvania, adopted at a recent convention in

resolutions of the Conservative men of the State of

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 supreme 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 will do all in our power to instruct and elevate the colored race in its moral, social, and political responsibilities.

9. That while we have much charity for the col

ored 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 રી 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