24 



ALABAMA. 



not disposed to impede in any manner the free exer- 

 cise 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 oif to his bouse, a mile and a half 

 distant, because, probably, he supposed the senti- 

 ments 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 at- 

 tributed 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 confi- 

 dence 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 cf 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. 



I am, general, very respectfully, your obedient 

 servant, 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 an- 

 nouncing to the civil officers of the Third Mili- 

 tary Division the position which they occupied 

 under the acts of Congress : 



General Orders, No. 25. 



HEADQUARTERS THIKD MILITARY DISTRICT ) 

 (GEORGIA, ALABAMA, AND FLORIDA), v 

 ATLANTA, Ga.. May 29, 186T. | 

 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 ade- 

 quate protection for life or property now exists in 

 the rebel States of * * * Georgia, Alabama, and 

 Florida," and these acts, therefore, whilst proceed- 

 ing to recognize the existing State governments as 

 provisional merely, establish also a military supervi- 

 sory 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, there- 

 fore, 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 neces- 

 sary for the military power either to supersede them 

 by military officers or by other civil officers or organ- 

 izations 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 govern- 

 ment, the mayor and chief of police, or other civil 



political meeting or assemblage whi._ 

 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 in- 

 structed not to summon any of the officers or 

 public speakers of the assemblage. Sheriffs, 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 them- 

 selves of any public political meetings or assemblages 

 which may be called in their respective counties, in 

 time to make the arrangements herein indicated. 



VI. It is to be distinctly understood that the duty 

 of the proper municipal authorities, and the shcritfa 

 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 can- 

 not be clearly shown that the civil officers above in- 

 dicated were present, and did actively and faithfully 

 perform their duties, both by word and deed, such 

 officers will be deposed from their offices and other- 

 wise held responsible by the military authorities to 

 the full extent of the neglect or criminality manifest- 

 ed 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 



