Government

alabama, mobile, court, courts, mississippi, territory, congress, south, circuit and constitution

Page: 1 2

Judiciary.—The judicial power of the State is vested in the Senate, sitting as a court of im peachment, a supreme court, circuit courts, chancery courts, courts of probate. such courts of law and equity inferior to the supreme court. consisting of not more than five members, as the legislature from time to time may establish, and such persons as may be by law invested with powers of a judicial nature. A circuit court. or a court having the jurisdiction of a circuit court, is held in each county of the State at least twice every year. The State is divided into chancery divisions, with a chancellor for each division. The divisions are subdivided into districts, in each of which the chancellor holds court at least twice each year. The legislature may establish courts of probate in each county. Judges of the supreme, circuit. chancery. and probate courts are elected fur a term of six years. For each judicial circuit a solicitor (prosecutor) is elected for a term of four years. Each precinct has two justices of the peace and one constable. excepting precincts lying within towns of over 1500 in habitants, in which preeinets the legislature may establish inferior courts in lieu of the jus tices of the peace.

Local Government.—Both county and munic ipal corporations are limited iii their taxing and debt incurring powers. Each county elects a sheriff, who serves for a term of four years, but he cannot be reelected. One year's residence is necessary to secure a divorce. the principal causes for which are desertion (two years) and habitual drunkenness.

The State has nine representatives in the national I louse of Representatives. Montgo mery is the capital.

Militia.—The authorized National Guard of Alabama numbers 7788. while the organized body consists of 2471 men. The census of 1900 found 328,000 males of militia age, of whom 165.000 are liable to military duty. The Na tional Guard is formed into one brigade, and consists of three regiments of infantry, of twelve companies each ; one battalion of artillery, eon'. posed of three batteries; one squadron of cavalry, composed of four troops.

thsTortv. In 1540 De Soto passed through the territory now included in Alabama, and found it occupied by powerful Indian nations. Among them were the Alibamas, who gave their name to the country; the Chickasaws. the Choctaws, and the Creeks, together constituting the Muskhogean family: the Cherokees and Apalaehes. Alabama was included under Carolina in the royal grants made by the Stuarts in 1629 and 1663, but no attempts at settlement were made by the English. In 1702, the French, under Bienville, removed from Biloxi Bay, where a fort had been built some years previous, and erected Fort St. Louis, on Mobile Bay. Mobile was founded in 1711. and until 1720 was the capital of Louisiana. In 1714 Fort Toulouse was built at the junction of the Coosa and Tallapoosa. The growth of the colony was hindered by disease and poverty; the Chickasaws remained hostile, and the Eng lish planted their trading posts in the wilderness north of Mobile. When France ceded her posses sions east of the Mississippi to England, in 1763, Alabama, north of 32° 40', was added to the Illinois territory. and the part south of the line to \Vest Florida. During the Revolution, West Florida, which had by that time gained English and Scotch settlers, remained loyal, and in 1779-80 Spain took advantage of her own war with Great Britain to seize the province. After 1783. the United States, as the successor of Eng land, claimed as far south as the thirty-first de gree, but Spain continued to hold the territory south of 32° 40' till 1798. Georgia claimed be tween 31° and 35° to the Mississippi, but sold her rights in 1802. In 1798 Congress organized the region included between the Mississippi River on the west, the Chattahoochee on the east, the 31st parallel on the south, and a line drawn from the mouth of the Vazoo into Mississippi Terri tory, and in 1804 extended its northern boundary to Tennessee; in April. 1813, the Mobile district was taken from the Spanish by the United States and annexed to Mississippi Territory.

Incited by the British. the Creeks and their allied tribes rose in 1812 against the whites, their atrocities culminating in the great massacre at Fort Minims, on the Alabama River. August :30, 1813. General Jackson headed the forces sent against the Indians. and by his victories at Talladega and the Horse Shoe Bend of the Tallapoosa, 1813-14, forced them to surrender their territory west of the Coosa and south of Wetumpka. In a number of subsequent treaties the Indians gradually abandoned the larger por tion of their land. until. between 1830 and 1836, they were removed in a body west of the Missis sippi River. (See CREEKs.) Mississippi was set off March 1, 1S17. and on March 3 was formed the territory of Alabama, with its seat at St. Stephens. The first legislature met at Ilunts ville, January 19, 1818• and the State was ad mitted to the Union December 14, 1819. In 1820 the seat of government was removed to Cahaba, in 1826 to Tuscaloosa. and in 1847 to Mont gomery. The people of Alabama were aggressive champions of territorial expansion for slavery purposes, and took a prominent part in the Mexi can War. They entered very zealously into the secession movement, and early in December, 1860, urged the Southern States to withdraw from the At Montgomery, on January 11, 1861, an ordinance of secession was passed by a vote of 01 to 39—the minority representing the northern part of the State, where the Whig party had been especially strong. Forts Gaines and Mor gan, at the entrance to Mobile Bay, were seized, and on .fanuary 21 the senators and representa tives withdrew from Congress. Delegates from the seceded States met at Montgomery, February 4, and organized the Confederate Government. A Confederate arsenal, foundry and navy yard were soon established at Selina. In February and April of 1862 Federal troops occupied the Tennessee Valley. In August, 1864. Farragut destroyed a Confederate fleet in Mobile Bay, and, aided by General Granger with a land force. reduced Forts Gaines and Morgan. In April, 1865, the Union forces took Selina, Tuscaloosa, Montgomery. and Mobile. A provisional govern ment was established June 21. 1865, and a con vention repealed the act of secession and altered the constitution. State officers and members of Congress were chosen; but Congress, in conflict with President Johnson, refused admission to the representatives from Alabama. By the reconstruc tion act of March 2. 18'67. Alabama was included with Georgia and Florida in the third military district, under General Pope. In November a new constitution was framed,which received, Feb ruary, 1868, 70,182 votes out of 71,817 cast, and though the majority of registered voters had re mained away from the polls, Congress declared the constitution operative, and it continued in force till 1875, when a new constitution was adopted. On July 14, 1868, military rule ceased, and on November 16, 1870, the State ratified the fifteenth amendment to the Federal consti tution. For a decade after the Civil War, Ala bama suffered from maladministration. Party spirit ran very high, and elections were bitterly contested. The dishonesty of officials and the extravagant railway policy they pursued brought the State and the chief towns into serious finan cial difficulties. With the reorganization of the public debt in 1S76 began an era of quiet and prosperity. Cotton and steel manufactures and the mining industries thrived enormously, and many large towns sprang up in the northern part of the State. Lumbering, too. became of great importance. The agricultural interests, by com parison. showed little growth. Educational progress did not keep np with economic develop ment until the end of the nineteenth century. Since 1S74 Alabama has been invariably Demo cratic. In 1901 a constitutional convention was busy with the problem of changing the organic law in such a manner as to insure political su premacy to the white population.

The following is a list of the governors of the -State, and the parties to which they belonged:

Page: 1 2