Sidor som bilder

Brought forward....

84,550,062 22 grants were made by the Federal Congress to Should the U.S. agree to accept the ?

aid in the construction of various railroads in per cent. bonds for the real estate tax, amount thereof would be added $529,833 33 the State. The war prevented the companies

from taking advantage of these grants, and the This would make the total bonded

time within which they were to be secured exdebt of the State....

$5,079,395 55 pired in June, 1866. All the roads in the State The effect of the stay law passed at the pre- are suffering from the effects of the war. No vious session had been to stimulate creditors to one has been able to recommence the work of commence suits, so as to secure themselves all construction which was going on when hostilithe advantages which the law could afford. ties commenced. The constitutionality of the act was also tested The Legislature at this session elected John in the Supreme Court, and a decision rendered A. Winston a Senator to Congress. He had which placed such a construction on the law as been elected Governor of the State in 1855 and to greatly diminish the time for carrying judg. 1857, and was one of the Douglass presidential ments into effect. The law, therefore, did not electors in 1860. In the House, on December accomplish all that was anticipated.

1st, a bill was introduced to extend the priviOnly two of the State banks took advantage lege of suffrage to all male persons, and thereby of the act to reduce and consolidate their stock. establishing qualified negro suffrage. It was The Bank of Mobile reduced its stock from a regarded as a measure calmly and carefully to million and a half to seven hundred and fifty be considered, although laid upon the tablethousand dollars, and the Southern Bank of yeas 69, nays 19. Alabama from a million to two hundred and In February, 1860, an act was passed to apfifty thousand. The capital stock of the other point a commissioner to revise the code of the panks, it was believed, had been so reduced by State. The appointment of Turner Reaves was the effects of the war, that they would be un- made, and the work of rerision commenced, but able again to resume business. More than one in December, 1861, it was ordered to be sushalf the capital stock of the banks was drawn pended until the close of the war. In May, out by the State during the war.

1866, the commissioner resigned, and Chief The tax of three cents per pound on cotton, Justice A.J. Walker was appointed to complete ordered to be levied by the Federal Congress, the revision. His report was sent to the Legisoperated in an oppressive manner upon the lature on November 15th. The work of reviproductive labor of the State. A bale of cot- sion embraced the statutes enacted during the ton weighing five hundred pounds was taxed previous fifteen years, which were condensed fifteen dollars; to this was added the incoine- and arranged in their proper places, with some tax of five per cent., which, under the estimates other important features. It was approved by of the year, amounted to an additional five dol- a committee of the Legislature, and adopted. lars on the five hundred pounds.

In the Senate a series of resolutions were offered, The public institutions of the State are re- providing for the reference to the people of the covering from the effects of the war. The Constitutional Amendment proposed by Connumber of insane persons in the State is esti- gress. These were reported upon unfavorably mated at seven hundred. A hospital for this by a committee, and the subject laid over. The class of persons, established at an expense of Governor, in his annual message, opposed the $300,000, is in successful operation. The num- amendment, saying: ber of patients, near the close of the year, was about seventy-five, although the institution opinion that this amendment should not be ratified.

For reasons such as these, I am decidedly of the could accommodate three hundred and fifty. The first section embodies a principle which I regard An institution for the deaf and dumb is also in as dangerous to the liberties of the people of the whole successful operation. The arrears due to it country. That principle is as applicable to New York from the State have been paid. The number and Massachusetts as to Alabama. The second secof convicts in the penitentiary increased during ment which has never been complained of before. the year from fifty-one to one hundred and The question of representation has never been a fifty-eight, of whom thirty-eight were white, source of trouble or inconvenience. It contributed and one hundred and twenty colored persons. in no way to the recent troubles of the country, and A large proportion of the colored were sent to ing any part of the results

of the war. The third sec

a change in it cannot be legitimately claimed as formthe penitentiary from cities and large towns, tion would bring no possible good to the represented whither the negroes, on becoming free, flocked States, while it would reduce those that are unreprein great numbers. The reconstruction of a sented to utter anarchy and ruin. building for the State University has been com

We are sincerely desirous for a complete restora. menced, by means of a loan of seventy thou- tion of the Union. We want conciliation, barmony,

and national tranquillity. We feel that we have given sand dollars granted by the State. The com

every evidence which human action can furnish, of mon-school system has not yet recovered from an honest purpose to conform in good faith to the the derangement caused by the war. The condition of things surrounding us. Alabama is toschools have been suspended for two years, and day as true to the Constitution and laws of the Gen. the public sympathy in them has greatly de- eral Government as any State in the Union. Under

the internal revenue law, and the tax on cotton, the clined. The interest due to the fund for two people of this State are now paying revenue to the years from the State has not been paid. Land General Government at the rate of nearly ten millions

of dollars a year. In the enactment of these laws we “In the month of June last I made a visit to had no voice. This amendment was proposed when the Northwest, with a view, if possible, of purand all of its harsh features

are aimed directly at the chasing supplies on the State account. I there States thus excluded. The ratification of such an learned, as before observed, that the six per amendment, proposed under such circumstances, cent. bonds authorized were unavailable. It cannot, in any possible view, accomplish any good to was ascertained, however, that the eight per the country, and might bring upcô it irretrievable cent. bonds could be used for the purpose. In disaster. At a later day the views of the Governor rel- deemed it a duty to appropriate a portion of view, therefore, of the necessity of the case,

I ative to this amendment were changed, and on them to the purchase of supplies. Accordingly, December 6th he addressed a message to both Ilouses in its favor. He expresses apprehen- State, and distributed. The corn was bought

a lot of corn was purchased, brought to the sion of the future, saying:

at a low rate, and the banks of St. Louis pur. There is an unmistakable purpose on the part of chased readily, and at par, a sufficient amount those who control the National

Legislature to enforce of bonds to pay therefor. The annount of bonds at all hazards their own terms of restoration. The measures they propose threaten to at once reverse

used in this way, including payment for transour progress toward the establishment of that per- portation, was $48,500. The corn thus obtained manent tranquillity wbich is so much desired by was distributed in such localities, and in such all. To do so is to immediately augment the distress quantities, as were deemed most suitable, and which now exists, and inaugurate confusion, the end afforded much relief, wlich would not otherof which no human prescience can foresee. To-day the cardinal principle of restoration seems

wise have been found." to be favorable action upon the proposed amendment The hope was indulged that the crop of 1866 to the Constitution, which I transmitted to you in my would save the people from any further destituannual message.

tion. But this unfortunately was not the case. Upon the merits of the amendment my views are already known. They are founded upon principle, The season was exceedingly unfavorable, and and are unchanged. The necessity of the case, I am the crop short. In the opinion of the Comnow constrained to think, is different. We should missioner for the Destitute, not half enough look our true condition full in the face.

grain was raised to subsist the inhabitants. The amendment was finally rejected by an The opinion was confirmed by the reports of overwhelming majority in both Houses. The probate judges. The War Department, thereamount of the Federal tax of 1861, assigned to fore, authorized General Swayne, the Federal Alabama, was $529,313. Nothing had been commander, to distribute, during the winter collected at the close of the year.

months of 1866–67, supplies to the value of The amount of destitution in the State ex- $120,000. This money was applied to the pur ceeded that of any other Southern State, and chase of corn and bacon, as likely to be much continued through the year. Sapplies were more useful than the regular rations heretofore furnished liberally by the Federal Government; issued. charitable associations and private individuals A census of the State was take in 1866, the made large contributions, and the State granted returns of which were nearly completed during all the assistance practicable, notwithstanding the year. The results, as compared with the which the supply fell short. During the eleven census of 1860, are shown in the following months ending September 13, 1866, the Federal table. Government issued 3,789,788 rations, which was It will be seen by an examination of these an average of 11,500 rations per day. The returns, that the effect of the war bas been to number of persons receiving supplies averaged neutralize the increase from all sources which, monthly 21,700. The_whites exceeded the for the ten years previous, have been about 25 blacks two to one. On February 23, 1866, the per cent. White and black fare apparently Legislature authorized the Governor to dispose alike, although perhaps a disproportionate deof six per cent. bonds to the amount of $500,000, crease among the blacks has been compensated by for the benefit of indigent families. Sufficient importations from time to time in order to avoid provision had not been made for the payment the converging theatre of the war. The census of the bonds, and they were unsalable. The of white males in Alabama, which in 1860 gave Governor says:

an aggregate of 270,271, in 1866 presents a de“In consequence of the inability to use these crease of 9,267. The total of black males, in bonds, it was not in the power of the State to 1860, was returned at 217,766, and has diminextend that amount of relief to our suffering ished in the interval 3,523 ; about one-half the people which was desired. In some counties ratio of the former. The movement of freed the destitution was so extreme, that I author- people to the towns is shown by a marked perized the judges of probate, in conjunction with centage of increase in the counties of Mobile two other reliable citizens, to purchase corn on (25), Montgomery (23), and Dallas (Selma) (13), the State's credit, pledging payment on the 1st with a proportionate decrease in other counties. of January next.' The amount authorized for A northward movement of the freedmen into each of such counties was one thousand bushels. Tennessee is shown in the returns from Northern In addition to this, I found it necessary to draw Alabama. The citizens of Randolph claim that funds from the treasury to pay for the transpor- their county sent 3,000 men to help the armies tation, and other incidental expenses.

of the Union.

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De Kalb.
St. Clair.

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7,118 3,676 14,629

8,027 10,193 11,260 17,162 11,315 15,321 6,767 7,599 8,200 6,419 14,050

5,631 10,381 7,785 9,853 11,145 10,119

7,251 10,464 14,811 9,078 7,173 10,639 7,215 8,362 11,686 6,761 9,894 8,625 9,600 28,560 12,124 6,916 7,592

9,479 10,117 15,646 18,132 10,936 8,970 9,236 5,919 14, 634 17,154 12,971 7,461 2,119 6,795 3,454

9,621 3,854 16,183 3,867

672 6,852 4,370 11,899 3,039 7,110 7,450 1,423 4,892 5,223

838 1,816 25,840

852 1,705 8,508 23,608 4,454 3,472 2,668 6,802 6,781 8,091 19,354 14,765 24,410

1,288 18,177

1,872 12,571 23,780 8,751 3,743 18,245 12,199 8,789 1,927 15,656 3,648 1,777 18,111 8,886 6,673 10,229

519 2,550 17,823



7,530 30,812 11,894 10,865 18,122 21,539 23,214 18,360 13,877 15,049

9,623 11,311 19,273

6,469 12,195 33,625 10,705 12,850 18,627 30,859 14,918 18,283 11,746 13,975 17,420 15,306 27,716 26,451 31,171 11,182 26,802 11,472 41,131 35,904 15,667 11,335 27,724 22,316 24,435 20,059 26,592 12,618 11,013 24,035 23,520 23,827 23, 200 7,980 4,669 24,618 3,576

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526, 431



The legislation of the State relative to freed- quent session in November, 1866, the Governmen has steadily improved since the close of or in his message called attention to the subthe war.

When the Legislature assembled in ject, saying: November, 1865, there was developed a strong

In reference to contracts with freedmen, there party in favor of securing the unpaid labor of

have been some exceptional instances of bad faith, slavery, but without admitting the obligations which are strongly suggestive of the necessity of of maintenance which that system imposed. legal remedy. These exceptions are where employThe measures taken for this object failed ers of freedmen bave, by captious unreasonableness, through the vigilance of the Freedmen's Bu- sought and even created pretexts for finding fault with reau, and the coöperation of the Governor with alleging a violation of contract on the part of the his veto. But at the close of the session, in the freedmen. The only remedy left the freedman is a spring of 1866, a vagrant law was in force, suit for his wages, and this is so tardy as to be which provided chain-gangs and the county scarcely worth pursuing. For such injustice as this, jail for whoever should loiter at work, or desert à remedy should be provided. It could be found à labor-contract. At the same time the stay effective mode of enforcing payment for labor of

in a law which would authorize a summary and an law was so framed as to postpone for a long the character under consideration. I respectfully period the collection of wages. At the subse- invite your attention to this subject.

The right to testify in courts, in certain cases, one understands this language as declaring that was extended to the freedmen at the session the act repealed was void or repealed from the of 1865–66, and experience has demonstrated beginning. that the law was productive of gocd results. The subsequent surrender and destruction of Colored persons were permitted to testify in the Conf erate States authority, and the comcases where they were interested and where plete restoration of the United States authority, there was every inducement for false swearing could not change the character of the previous which may be reasonably supposed to influence state of things, so far as this question is conwitnesses. But even with these strong temp- cerned. The writ having been issued before the tations to commit perjury, the testimony of authority of the United States was reëstablished, freedmen has been found valuable in the ascer he was of opinion that the plaintiff could not tainment of truth, and the Governor recom- be required to place a stamp upon the process. mended that all restrictions should be removed. ALLEN, HENRY WATKINS, ex-Governor of A steadfast coöperation has existed between Louisiana, a brigadier-general in the Confedthe Bureau for the Freedmen and the Governor, erate Army, born in Prince Edward County, and the results have been a growing kindliness Va., April 29, 1820; died in the city of Mexico, between the white and black races, an increased April 22, 1866. He was the fourth son of fairness in the application of the laws, with Dr. Thomas Allen, a medical practitioner of prospective changes of a most useful tendency. some distinction, and when quite young He also recommended that a portion of the removed with his father to Lexington, Mo. taxes derived from freedmen should be applied After spending some time in school, he was to the education of their children and the sup- induced to enter a store in the position of port of the indigent, aged, and infirm of that under clerk, but having an unconquerable dispopulation.

like for mercantile life, his father consented to A case, involving the validity of the acts of his enrolment among the students of Marion the Legislature after secession came before the College, Mo. Remaining here two years, some Supreme Court of the State, and was decided on dissatisfaction with the parental authority inJanuary 23, 1867. An act, passed on Novem- duced him to leave and enter at once upon a more ber 9, 1861, authorized executors to invest in independent career. He ran away from college, bonds of the Confederate States or of Alabama. and making his way to the little village of Grand The court unanimously sustained the validity Gulf, Miss., obtained the position of teacher of the government of Alabama as a de facto in the family of a wealthy planter, and aftergovernment during the war, and the authority ward opened a large school. Subsequently he of the Legislature to pass such an act.

devoted his whole attention to the study of In the Circuit Court of Butler County a mo- law, was licensed to practise, and had already tion was made to dismiss a suit on the ground become quite successful as a lawyer, when in that the original writ, when issued, was not 1842 President Houston called for volunteers stamped as required by the U. S. Revenue Law. to aid Texas against Mexico. Having inherited In opposition to the motion, it was urged that a military taste, young Allen was not long in the act did not apply to this case, for the reason deciding to offer his services; he raised a comthat, when the writ was issued, the State of pany, and proceeded to the scene of conflict, Alabama was under the exclusive control, pos- where he acquitted himself well, and upon the session, and dominion of, and owed allegiance to termination of his engagement his command the then existing Confederate States Govern- was ordered to rendezvous at Egypt, on the Coment.

lorado, where they were honorably discharged. Judge J. K. Henry decided that for the time Returning to Grand Gulf, he resumed the pracbeing the sovereignty of the United States was tice of his profession, married, and in 1846 was suspended, and the laws of the United States elected to the Legislature of Mississippi. A few could no longer be enforced in Alabama, or be years later, upon the death of his wife, he reobligatory upon the inhabitants who remained moved to Tensas Parish, La., and afterward to and submitted to the existing power. These his estate in West Baton Rouge, where, in inhabitants passed under a temporary allegiance 1853, he was elected to the Legislature. The to the then existing government, and were following year he quitted his estate, and enbound by such laws and such only as for the tered the Cambridge University as a student of time being it chose to recognize and impose. law, and spent some time in reviewing his The ordinance of 1865, annulling the ordi- studies. In 1859, attracted by the Italian war, nance of secession of 1861, clearly refers to he went to Europe, but arrived too late for å the present and not to the past, in the declara- personal share in the struggle He spent some tion that “the same (i. e. the ordinance of time in travel, the incidents of which tour were secession)" be and is hereby declared null and gathered up in a volume, entitled the “ Travels void.” Not that it was null and void from the of a Sugar-Planter.” During his absence he beginning, but that it be now declared null and was reëlected to the Legislature. He took a void. Analogous cases often arise in the ordi- prominent position in that body, was an earnest, nary legislation of the country. When an act eloquent speaker, and well qualified for leaderis repealed, the language commonly used is, ship. In his politics he was a Whig until the “That the same be and is repealed; " yet no election of Mr. Buchanan when he became a

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Democrat. Upon the outbreak of the war, Mr. remaining he could be of no further use to Allen joined the Delta Rifles as a volunteer, and the State, he took up his residence in Mexico. upon his promotion as lieutenant-colonel of the Here he established an English paper, Fourth Louisiana was stationed for some months Mexican Times,” laboring faithfully and zealat Ship Island. Subsequently he was made colo- ously as the sole editor for eight months. But nel, and appointed military governor of Jack- his career was drawing to a close. Upon the ad

His first actual engagement was in the vice of his physician, he was making arrangebattle of Shiloh, where he commanded his fa- ments to go to Paris, and submit to a surgical vorite regiment, and fought gallantly, even after operation, when his general health indicated receiving a severe wound in the face. He was immediate danger, and ere he could mature his afterward ordered to Vicksburg, where he did plans, the end had come. A volume, entitled efficient service in preparing the fortifications, "Recollections of Henry W. Allen,” prepared sometimes directly under the fire of the Union by Mrs. Sarah A. Dorsey, was published in New army. At the battle of Baton Rouge, Colonel York City early in 1867. Allen commanded a brigade, and, while making AMALGAMATION. The art of extracting a fearful charge, his horse was strack by a shell

, precious metals from their ores by amalgamakilling him instantly, and the scattering shot tion, has made considerable progress within the passing through both legs of his rider, stretched last few years, especially since the discovery of him helpless upon the field, from which he was rich gold and silver mines in the Territories of borne in an almost dying state. The amputa- Nevada, Montana, Idaho, and others. The tion of one leg was advised, but owing to his amalgamation of free gold from quartz is a entreaties it was, after a long period of suffer- simple process, and has become of great imporing, finally spared. While lingering with his tance in the gold mines (now systematically conpainful wounds he received the appointment of ducted) in California. The auriferous quartz, president of the military court at Jackson, Miss., after being extracted from the mine, undergoes also that of major-general of the militia of the process of milling, which consists in the Louisiana, both of which he declined. In Sep- reduction of the same to an impalpable powder, tember, 1864, he was appointed brigadier-gen- that is generally performed by a stamp-mill

, and eral, and ordered to report to the Trans-Missis a subsequent treatment with mercury in various sippi Department, and had bardly entered upon ways. It is really in the details where many his duties when he was almost unanimously elect- improvements have been proposed, several of ed Governor of Louisiana. He accepted the which are actually worth mentioning, and have office, and at once gave himself up warmly and contributed much to reduce considerably the passionately to its duties. He was eminently fitted expenses of " milling.” To give an idea of the for the position, and was cheered and sustained cost of treating quartz by milling, it may be by the devotion of the people. One of his first stated that it ranges from $0.67 to $8.31 per efforts was for the improvement of the State ton, with a product of gold varying between $5 finances. For this purpose he arranged with and $80 per ton. The profits resulting from this General E. Kirby Smith, then commanding the process in these California mines range from Trans-Mississippi Department, to have the cot- $0.97 to $56.40 per ton. ton tax due the Confederate Government paid Many complaints have been made with regard in kind, and established, without cost to the to the great loss of gold by the amalgamation, State, the export of the cotton, which the State since the practical results obtained have been received for taxes, through Texas to the Mex so variable and unsatisfactory, amounting in ican frontier, and the return by the same route many cases to less than half the gold in the ore. of such articles of medicine, clothing, and ne. One of the most important discoveries, effecting cessity as could not otherwise be obtained, a better and more thorough amalgamation, has which were sold to the people at moderate been made by Prof. Henry Wurtz, of New York, prices, and distributed gratuitously to the very and patented by him in this and other countries, poor. He also instituted and encouraged manu- in 1864. In order to explain the merits of this factures for the production of articles of prime invention, we refer here to the remarks made necessity in the State. He most carefully en- by Prof. B. Silliman at the session of the Naforced all the laws, especially those forbidding tional Academy of Science, held in Washington the distillation of alcoholic liquors from grain during January, 1866, of which the following is and sugar-cane, and did all in his power for the an extract: suppression of drunkenness and other vices, and It is well known to metallurgists that the amalgaby his frugal management was enabled to de- mation of gold is often attended with peculiar difficul. vote large sums to public charities. His devo- ties, and that in the best-conducted operations on the tion to the interests of all classes speedily won large scale there is always a considerable, often a the confidence and affection of the people, large loss

of the precious metal. Samples of waste and the results of his wise, efficient, and benefi- mation works in Grass Valley, California, a place cent administration were felt throughout the noted above most others for the great success which whole Trans-Mississippi Department, and gave has attended amalgamation of gold, proved on assay bim alınost arbitrary power. At the close of the to contain in the quartz waste over thirty dollars to war, Governor Allen was strongly urged by his the ton-showing a loss nearly equal to the average

the ton, and in the sulphides over fifty dollars to friends to leave the country, and feeling that by amount saved in that district. One of the most cau.

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