Civil War and Reconstruction in Alabama

by Walter L. Fleming

Not only was the old political structure to be torn down, but a new one had to be erected. In organizing the new order the convention performed many duties pertaining usually to the legislature. This was done in order to save time and to prevent confusion in the administration.

Citizenship was defined to include free whites only, except such as were citizens of the United States before January 11, 1861. A person born in a northern state or in a foreign country before January 11, 1861, must take the oath of allegiance to the state of Alabama, and the oath of abjuration, renouncing allegiance to all other sovereignties. The state constitution was amended by omitting all references to the United States; the state officers were absolved from their oath to support the United States Constitution; jurisdiction of the United States over waste and unappropriated lands and navigable waters was rescinded; and navigation was opened to all citizens of Alabama and other states that “may unite with Alabama in a Southern Slaveholding Confederacy.” A registration of lands was ordered to be made; the United States land system was adopted, a homestead law was provided for, and a new land office was established at Greenville, in Butler County. The governor was authorized to revoke contracts made under United States laws with commissioners appointed to locate swamps and overflowed lands. The general assembly was authorized to cede to the Confederacy exclusive jurisdiction over a district ten miles square for a seat of government for the Confederate States of America.

Provision was made for the military defence of Alabama, and the United States army regulations were adopted almost in their entirety. The militia was reorganized; all commissions were vacated, and new elections ordered. The governor was placed in charge of all measures for defence. He was authorized to purchase supplies for the use of the state army, to borrow money for the same, and to issue bonds to cover expenses. Later, the convention decreed that all arms and munitions of war taken from the United States should be turned over to the Confederacy; only the small arms belonging to the state were retained. The governor was authorized to transfer to the Confederate States, upon terms to be agreed upon between the governor and the president, all troops raised for state defence. Thus all volunteer companies could be transferred to the Confederate service if the men were willing, otherwise they were discharged. A number of ordinances were passed organizing the state military system, and coöperating with the Confederate government. Jurisdiction over forts, arsenals, and navy yards was conferred upon the Confederate States. This ordinance could only be revoked by a convention of the people.

The port of Mobile was resumed by the state. The collector of the port and his assistants were continued in office as state officials who were to act in the name of the state of Alabama. With a view to future settlement the collector was ordered to retain all funds in his hands belonging to the United States, and the state of Alabama guaranteed his safety, as to oath, bond, etc. As far as possible, the United States customs and port regulations were adopted. Vessels built anywhere, provided that one-third was owned by citizens of the southern states and commanded by southern captains, were entitled to registry as vessels of Alabama. The collector was authorized to take possession in the name of the state of all government custom-houses, lighthouses, etc., and to reappoint the officers in charge if they would accept office from the state. The weights and measures of the United States were adopted as the standard; discriminating duties imposed by the United States, and regulations on foreign vessels and merchandise were abolished; Selma and Mobile were continued as ports of entry, and all ordinances relating to Mobile were extended to Selma.

Thaddeus Sanford, the collector of Mobile, reported to the convention that the United States Treasury Department had drawn on him for $26,000 on January 7, 1861, and asked for instructions in regard to paying it. The Committee on Imports reported that the draft was dated before secession and before the ordinance directing the collector to retain all United States funds, that it was drawn to pay parties for services rendered while Alabama was a member of the Union. So it was ordered to be paid.

After the Confederacy was formed, the convention ordered that the custom-houses, marine hospital, lighthouses, buoys, and the revenue cutter, Lewis Cass, be turned over to the Confederate authorities; and the collector was directed to transfer all money collected by him to the Confederate authorities, who were to account for all moneys and settle with the United States authorities. The collector was then released from his bond to the state.

Postal contracts and regulations in force prior to January 11, 1861, were permitted to remain for the present. The general assembly was empowered to make postal arrangements until the Confederate government should be established. Meanwhile, the old arrangements with the United States were unchanged.[58] Other ordinances adopted the laws of the United States relating to the value of foreign coins, and directed the division of the state into nine congressional districts.

The judicial powers were resumed by the state and were henceforth to be exercised by the state courts. The circuit and chancery courts and the city court of Mobile were given original jurisdiction in cases formerly arising within the jurisdiction of the Federal courts. Jurisdiction over admiralty cases was vested in the circuit courts and the city court of Mobile. The chancery courts had jurisdiction in all cases of equity. The state supreme court was given original and exclusive jurisdiction over cases concerning ambassadors and public ministers. All admiralty cases, except where the United States was plaintiff, pending in the Federal courts in Alabama were transferred with all records to the state circuit courts; cases in equity in like manner to the state chancery courts; the United States laws relating to admiralty and maritime cases, and to the postal service were adopted temporarily; the forms of proceedings in state courts were to be the same as in former Federal courts; the clerks of the circuit courts were given the custody of all records transferred from Federal courts and were empowered to issue process running into any part of the state and to be executed by any sheriff; United States marshals in whose hands processes were running were ordered to execute them and to make returns to the state courts under penalty of being prosecuted as if defaulting sheriffs; the right was asserted to prosecute marshals who were guilty of misconduct before secession. The United States laws of May 26, 1796, and March 27, 1804, prescribing the method of authentication of public acts, records, or judicial proceedings for use in other courts, were adopted for Alabama. In cases appealed to the United States Supreme Court from the Alabama supreme court, the latter was to act as if no appeal had been taken and execute judgment; cases appealed from inferior Federal courts to the United States Supreme Court, were to be considered as appealed to the state supreme court which was to proceed as if the cases had been appealed to it from its own lower courts. The United States were not to be allowed to be a party to any suit in the state courts against a citizen of Alabama unless ordered by the convention or by the general assembly. Federal jurisdiction in general was to be resumed by state courts until the Confederate government should act in the matter.

No law of Alabama in force January 11, 1861, consistent with the Constitution and not inconsistent with the ordinances of the convention, was to be affected by secession; no official of the state was to be affected by secession; no offence against the state, and no penalty, no obligation, and no duty to or of state, no process or proceeding in court, no right, title, privilege, or obligation under the state or United States Constitution and laws, was to be affected by the ordinance of secession unless inconsistent with it. No change made by the convention in the constitution of Alabama should have the effect to divest of any right, title, or legal trust existing at the time of making the change. All changes were to have a prospective, not a retrospective, effect unless expressly declared in the change itself.

The general assembly was to have no power to repeal, alter, or amend any ordinance of the convention incorporated in the revised constitution. Other ordinances were to be considered as ordinary legislation and might be amended or repealed by the legislature.[59]