ALABAMA. The session of the Legislature of Alabama, which began in the latter part of 1874, continued till the 20th of March. After the interference of the Federal authority in the organization of the Legislature of Louisiana on the 4th of January, resolutions were presented in both branches condemning the action of the military authorities in New Orleans. These were referred to the appropriate committees, and finally a protest was agreed upon, which was adopted and directed to be sent to the Governor of each State and to the Senators and representatives of Alabama in Congress. This protest, after recounting the occurrences in New Orleans, ran as follows:

This General Assembly cordially recognizes the authority of the Government of the United States in all its branches, in all matters of national importance, and which are confided to it by the Constitution of the United States. This General Assembly recognizes the fact that by authority as high as that which ordained that Constitution, and in recognition of which that same Constitution was formed, a large part of the powers and duties for which a governinent is established, is to be exercised by the States, through their own organs of State government. To perform the duties so confided to the States, their governments in their several departments must be free from all dictation by any other power, and should be protected against the use of external force in the discharge of these duties.

This is a principle fundamental to American institutions, and, as to legislative bodies, is expressed in the formula incorporated in the Constitution of the United States, that "each House shall be the judge of the election, returns, and qualification of its own members." Every legislative body must, of necessity, be free from external dictation, as to its own membership, and as to the laws it shall enact, other wise it is the mere register of the will of some other power, and not a law-making body. This General Assembly can discern in the expulsion on January 4, 1875, from the House of Representatives of the State of Louisiana, of certain of its members, by an armed force of the United States soldiers, nothing short of a plain violation of a right of necessity belonging to, and inherent in, each of these United States, as a community charged with the duty of local self-government, an offense against the people of the United States, and against each of the States which form the American Union.

This General Assembly does hereby declare that the good people of this State are, and have been, since the recognition of Alabama, as a readmitted State, loyal to the Union of these States, and the Con

stitution and laws thereof.

With this honest expression of loyalty to the Union, and with an earnest desire that its government may, by all proper means, "form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity;" this General Assembly, actuated alone by principles of patriotism and the love of liberty, regulated by wise laws, does solemnly and earnestly protest against the course which has been pursued toward the State of Louisiana by the military authorities of the United States. Such course has no justification in any of the powers granted for the grand objects and purposes for which the Constitution declares the Government of the United States to be established. It is utterly subversive of the right of local self-government by the States of the Union, and is, in fact, the destruction of the liberties of the people of the several States.

Early in February, a memorial signed by

several Republican members of the Legislature, and addressed to the President of the United States and the Republican members of both branches of Congress, was submitted to the United States Senate by George E. Spencer, one of the Senators from Alabama, setting forth-1. That changes have been made by the Alabama Legislature in the penal code of the State by which a system of involuntary servitude and espionago for African citizens is sought to be inaugurated; 2. That political legislation has been enacted by means of which ninety-three thousand Republican voters are practically deprived of representation; that the Republican constitution is restricted, and there is a practical nullification of the constitutional amendments;" and asking Congress to empower the President to suspend the writ of habeas corpus in certain contingencies, in order to preserve the peace in the Southern States.

When this memorial and the fact that it had been submitted to the United States Senate were made known in Montgomery, the Senate of Alabama adopted resolutions declaring it to be a "gross misrepresentation of the facts and liable to do great injury to the people of Alabama," as no laws had been passed by which a system of involuntary servitude and espionage for African citizens is sought to be inaugurated; but all penal laws that have been passed have had for their object the suppression of crime which was admitted by all to exist, and said laws affected alike all races and were not discriminative in their character, and no law had been passed that prevents any class of citizens of the State from equal representation." A joint committee of the two branches of the General Assembly was raised to ascertain whether or not "said document is authorized. and, if so, which members, if any, of this body, signed the same, and what should be the action of this Senate in the premises." The committee in its report gave the names of certain members who had signed the memorial, and certain others whose names were appended without their consent, and made the following statements regarding the matter:

Your committee are required to report what ought to be the action of the Senate after their investigation. The act of an individual is innocent or criminal when viewed through the motive which prompted it; and looking at the evidence, your committee are of the opinion that the Senators who signed said memorial were imposed upon and deceived as to its contents, by the designing and unscrupulous men

who were its authors.

Your committee cannot condemn in too strong terms this attempt to stab the reputation of the Senate, and through them to assassinate the liberty of every citizen of Alabaina.

The statement of the prayer of the memorial is the demonstration of its atrocity. The unscrupulous leaders who concocted this libel had but one "object in view, and that was to procure the passage of an act by Congress authorizing the President to suspend the writ of habeas corpus at his own will and pleasure. To accomplish this they willfully and maliciously perverted the truth, and, not satisfied with their own

turpitude in this transaction, they induced Senators of their own political faith to charge on a majority of this Senate a willful purpose to take away from the colored man his liberty, by enacting stringent laws against the crimes of larceny and burglary; while the record as well as the statements of Senators, show that these measures were supported by several Republican Senators who signed said memorial.

How laws punishing the crimes or larceny and burglary, applicable to all parties irrespective of race or color, could be construed to operate upon the Republican party more oppressively than the Democratic party it is difficult to perceive, in the absence of an admission that there are more thieves and burglars in the Republican than in the Democratic party. The statements made to your committee show that the memorial forwarded to Washington does not express the sentiments of a single one of the Senators whose names appear attached thereto. As to some of them, a palpable fraud seems to have been committed in the use of their names. As to these Senators so situated with regard to the memorial, your committee feel that they are the victims of designing men and are to be excused rather than condemned. As to those Senators whose names were actually obtained on false pretenses, while they are not to be condemned for any malicious attempt to defame their fellow-Senators, they are censurable for allowing the use of their names without first obtaining information of the contents of the paper signed by them.

This memorial is unjustifiable in every respect in which it can be regarded. It is false in its inférences and allegations. It is a libel and a slander, and its perpetrators should meet with the scorn and contempt of all honest men.

The report was adopted, and, shortly after, resolutions were passed declaring that "whereas, in the opinion of the General Assembly of Alabama, Hon. George E. Spencer does not rightfully occupy a seat in the Senate of the United States as a Senator from Alabama, a joint committee to consist of two Senators and three members of the House of Representatives be appointed to investigate, examine, and report to the two Houses of the General Assembly the facts relating to his alleged election as Senator, and the means by which such election was procured, and his credentials as a Senator were obtained."

The committee were empowered to sit during the recess of the Legislature, to send for persons and papers, and examine witnesses under oath, and were required to report the results of the investigation together with all the evidence taken. Their report was not made during this session of the Legislature.

A joint committee appointed to examine into the affairs of the Auditor's and Treasurer's offices reported that everything was found to be regular and satisfactory, except so far as related to the drawing of three warrants for the payment of interest on the public debt, one for $228,000, one for $221,180, and the other for $35,346.76, making $484,346.76 in the aggregate. No evidence was found that this sum had been appropriated to the object for which it was drawn. It was found that a debt of $441,733.50, due to the financial agents of the State, and incurred by Governor Lewis, had been paid in part by the sale of $260,000 of bonds issued in 1873. The balance of this debt, amounting with accrued interest to $243,

297.13, was settled by the payment of $25,150 in cash and the giving of a note for $227,203.15, now past due and unpaid, secured by the hypothecation of $228,000 in bonds. In this transaction was traced the use of $253,150 credited to the payment of interest. It was $260,000 of hypothecated bonds had been further found that the payment reported of effected by the purchase of the bonds at 60 cents on the dollar, and paying for them in $150,000. From this it appears that no part new obligations at par, making their cost of the $484,846.76 was legitimately used for the payment of interest, and that $75,196.76 remained wholly unaccounted for. The transaction is condensed as follows:

1. Money was drawn from the Treasury for the ostensible purpose of paying interest on the bonded debt, and was otherwise used.

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2. Bonds were purchased without authority of

3. Funding obligations were used in purchasing bonds in violation of the act under which they were issued.

4. The sum of $75,196.76 was used in some way not disclosed by the records and papers in the Treasurer's office, in which vouchers and papers for disbursements ought to be filed.

It was also found that an unreasonable amount had been expended for stationery, supplies being purchased in New York at two or three times the cost at retail in Montgomery. Another committee appointed to inquire into the use of the contingent fund reported that it had been used very lavishly under Governor Lewis, and in some cases illegally. The Governor had himself been paid $800 for services while visiting New York, and $800 for expenses in traveling in Florida and New York, and his private secretary had received $1,600 for services in distributing bacon donated by Congress to the people of overflowed districts. One W. II. Smith had received $500 for services in Georgia, the character of which could not be ascertained, and the State Treasurer had been paid $1,200 for expenses in visiting Mobile and New York. These were a few of the items showing the extravagant use that had been made of the contingent fund.

A new act to regulate elections was approved on the 3d of March. It designates all the officers to be chosen by an election of the people, and makes elaborate provision for the conduct of elections. Three inspectors and one returning officer for each voting precinct must be chosen by the judge of probate, sheriff and clerk of the circuit court of the county or any two of them, at least thirty days before the election. The inspectors and clerks are required to take oath for the truthful performance of their duties, and are placed under penalties for any violation of the law. Although every voter must be registered after taking oath as to his qualifications, the inspectors are required to make a list of the persons voting, writing down their names and the order in which their ballots are received. Any quali

fied elector may challenge the right of any person to vote if he suspects he is not qualified, and such person must take oath as to his qualifications before his vote is received, being liable to trial and punishment for perjury if he swears falsely. Returns of the election are to be made from each precinct to the sheriff of the county and by him to the Secretary of State in the case of State officials. Provision is made for contesting the election of any person declared elected to any office, the contest to be made by any qualified voter who will assume the necessary obligations, and to be conducted before the probate judge of the county. The following provisions are made for the prevention of bribery, fraud or intimidation:

SECTION 92. Be it further enacted. That if any person by bribery or offering to bribe, or by any other corrupt means, attempts to influence any elector in giving his vote, or deter him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage at any election within this State, he is guilty of a misdemeanor and on conviction must be fined not less than one hundred nor more than one thousand dollars, and sentenced to any work

house or jail or any county in this State for not less than thirty days nor more than six months, at the discretion of the jury trying the same.

SEC. 93. Be it further enacted. That any person who fraudulently alters or changes the vote of any elector by which such is prevented from voting as he intended, is guilty of a misdemeanor, and on conviction must be fined not less than one hundred nor more than one thousand dollars, and shall be imprisoned in the county jail not less than thirty days nor more than six months.

SEC. 97. Be it further enacted. That if any person or persons disturb on election-days, or prevent or attempt in any way to prevent any elector from freely casting his ballot, such person or persons shall be guilty of a misdemeanor and on conviction shall be fined not less than five hundred nor more than one thousand dollars, and sentenced to any workhouse or jail of any county of this State for not less than six months nor more than one year, at the discretion of the court trying the same.

The sheriff is required to preserve order at all voting-places, and the sale of liquor on the day of election and the day preceding is prohibited. Special election laws were enacted for the cities of Mobile and Montgomery.

Some of the general legislation of the session was quite important. Among the acts passed was one declaring what constituted the school fund, and one revising and amending the act of 1873 to keep in each county a proportionate share of the school-money. The Governor was authorized to lease out or rent the penitentiary farm with its stock and materials, and to hire to the lessee such convicts as might be agreed upon, not to exceed one hundred in number and for a period not exceeding eight An act was also passed to regulate the business of fire, inland, and marine insurance companies of other States and countries doing business in Alabama. This requires every such company to have at least $125,000 capital, to pay $100 into the Treasury of the State and to make a report to the Auditor of the State of its capital, assets, and liabilities, in detail. An ect was also passed redistricting the State into

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eight congressional districts. An act to induce and encourage immigration into the State provided for the appointment of a commissioner of immigration, and a board of directors to collect and disseminate information regarding the resources and advantages of the State, and to promote in various ways the settlement in Alabama of immigrants from other parts of the Union and other countries. C. F. Sievers, of Mobile, was appointed commissioner. The Governor was authorized and directed to appoint five centennial commissioners "whose duty it shall be to secure proper apartments in the exhibition buildings, and to make such necessary arrangements for the display of such articles as may be forwarded from Alabama for exhibition, and to do whatever they may deem best to have the State of Alabama represented upon an equal footing with her sister States at the Centennial Exhibition to be held at the city of Philadelphia, Pennsylvania, July 4, 1876."

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Among other acts of the session was one establishing boards of health, making the Medical Association, organized at Tuscaloosa in March, 1873, the State Board of Health, and county medical associations boards of health for their respective counties; one enabling aliens "to acquire, hold, and dispose of proporty, real or personal, as native citizens; prohibiting the sale of agricultural products between the hours of sunset and sunrise; one making persons ineligible to offices under the laws of the State who hold offices of profit or trust under the laws and Government of the United States; one repealing the act of December, 1868, "to suppress murder, lynching, and assaults and batteries," known as the Ku-klux act; and one changing the name of Baker County to Chilton.

The question of providing for a new State constitution occupied a large share of attention. The existing constitution was framed and adopted under the operation of the reconstruction acts, and was in some of its features obnoxious to a large portion of the people of the State, and especially so to the Democratic and Conservative party. A bill was introduced in the Legislature and passed without much difficulty, providing that the question of holding a convention to frame a new constitution should be submitted to a vote of the people at a special election on the 3d of August. Provision was made for the election at the same time of one delegate in each county, one for each senatorial district and one additional for the county of Mobile, making ninety-nine in all. It was also provided that, in case a majority of the votes cast were in favor of holding a convention, the delegates elected should assemble at Montgomery, on the 6th of Septemher, for the purpose of revising and amending the constitution, subject to the ratification of the people. The enabling act also contained the following provision:

SEC. 9. Be it further enacted, That if such conven

tion be called, it shall not be authorized to make any ordinance, rule, or law which shall be binding on the people of this State, or any part of them, nor to deprive any person in office of his right to said olice, as now held by him under the constitution und laws of this State, nor to place any property or educational qualification upon the right to vote in this State, nor to do any act but to frame and recommend for adoption a constitution, amendatory and revisory of the constitution now in operation in this State. In the constitution so framed, it shall be the duty of the Convention to provide for a system of common schools, as liberally as the means of the State will permit, and to be enlarged as those means shall increase.

An active canvass was made on the question of holding the convention. On the 7th of April the Democratic State Executive Committee issued an address to the party, urging a thorough organization in favor of the convention, and appointing the times and places for holding the county and district nominating conventions. It also called attention to the objectionable features of the old constitution, and presented the reasons for desiring a revision of the organic law of the State. It urged the nomination of the best men for delegates, and declared its desire to be the promotion of the best interests of all the people of the State. In May an address signed by Alexander White, and proceeding from the Republican State Executive Committee, was issued, calling upon Republicans to oppose the convention, and to nominate no candidates for delegates. In this address it was represented that the purpose of the Democrats was to destroy the public-school system, restrict the right of suffrage, authorize imprisonment for debt, abolish exemptions of property from sale under execution, and accomplish other objects calculated to degrade and injure the colored population. It was also intimated that they would refuse to submit the constitution when framed to a vote of the people. Shortly after the appearance of this address resolutions were put forth by the Republican members of the House of Represent atives, and signed D. E. Coon, which repudiated the policy recommended in the address signed by Mr. White, and while urging the defeat of the convention favored the nomination of delegates, and requested the Republican legislative committee to issue an address on the subject.

The address mentioned was soon after issued, and on the 17th of July the Democratic State Committee sent out another address intended to refute the accusations made against the pur poses of the Conservative party. At the election which occurred on the 3d of August, 77,

763 votes were cast for the convention, and 59,928 against it, making the majority in favor of the convention 17,835. Wilcox County was excluded from the count on account of failing to make return within the time prescribed by law. The vote in that county was 1,190 in favor of the convention and 3,714 against it. Of the 99 delegates chosen, 80 were Democrats, 12 Republicans, and 7 Inde

pendent. A few days after the election the Democratic State Executive Committee issued a congratulatory circular attributing the result to "harmony, organization, and efforts of the Democratic and Conservative party; to the transcendent exertions made by the free press of this State; to the powerful canvass made by our able and patriotic speakers in the field; to the patriotisin and efficiency of our party agencies in the different counties; and, above all, the intelligence and virtue of the people."

The convention met and was organized on the 6th of September. It completed its work in twenty-seven days, its deliberations being characterized by the utmost harmony. The financial condition of the State was a subject of serious consideration, and a committee to which all resolutions relating to that subject were referred made a report in which it was declared that the Treasury was almost exhausted, and the financial condition of the State

absolutely appalling." The committee stated that the indebtedness of the State amounted to $29,000,000, and the total value of taxable property to $159,000,000. The direct debt " is stated as follows:

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Total .....

$3,295,600

770,500 2,212.700 550,000

1,192,000 1,000,000

170,000 $9.490,500

The annual interest upon this indebtedness is $658,000.

State bonds hypothecated to various parties $1,700,000. There was also a large floating to secure claims against the State amounted to debt, the extent and validity" of which were undergoing investigation." One item was $52,000 alleged to be due to the school fund, North Alabama Railroad "under an act approand another $600,000 claimed by the South & priating the three per cent. fund prior to the These with other claims made up a floating debt of $1,500,000. The contingent liabili ty on account of bonds loaned to and indorsed for railroad companies amounted to over $14,000,000, on which the annual interest would 000,000, making up the grand total of $29,be not less than $1,900,000. The committee

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adds:

It is only necessary to present this statement of formidable indebtedness to convince the ereditors of the State that full payment is impossible, and that the State can never resume the payment of interest until the debt is adjusted and reduced, so as to correspond with our diminished resources. But in the that the commissioners are sanguine of their ability face of this dark feature it affords us pleasure to state

to reduce the entire indebtedness of the State, exclusive of the educational and trust funds, to a sum not