Glass i6^-'(^ Book ^^^ ■ REMARKS UPON THE MAP. The accompanying map, is substantially that of Prof. Tuomey, pub- lished in 1858. The additions and corrections now introduced may be briefly stated, as follows: 1st, The addition of several small patches of coal-bearing rocks in Jackson and Madison counties; 2dj The extension of Wills' Valley into Georgia ; Sd, The increased territory of the Coosa coal field ; 4th, Correction of the southwestern outline of the Warrior coal basin, east and southeast of Tuscaloosa; 5th, The omission of Sub- Carboniferous on the eastern edge of the Cahaba coal fleld— the field being cut off on that side by a fault which brings the Lower Silurian up to the level of the coal ; 6th, The changing of the eastern limit Of the Silurian of Coosa Valley, so as to include the Acadian (Ocoee Slates and Conglom- erates), heretofore placed with the Metamorphic Rocks ; 7th, Some slight changes in the western, southwestern, and southern limits of the Meta- morphic area; 8th, Change in the width of the belt of Drift, between the Paleozoic and Cretaceous formations. As has been stated in the Geological Section, the pebbles, sand, &c., of the Drift cover the greater part of the lower half of the State south and southwest of the Paleozoic formations: for this reason this formation is not laid down upon the map, except along the belt indicate*!, where the beds are of exceptional thickness. But for the fact that the line of junction of the Paleozoic and Cretaceous formations, is so completely obscured by this accumulation of Drift materials, that it has not yet been accurately traced out, even this belt of Drift might be omitted in the coloring of the map. 9th, Change in the boundary between Cretaceous and Tertiary, near the Mississippi line. In the present map this boundary is some twenty miles or more, further north than it is in Tuomey's map ; 10th, The Port Hudson group of the Quartenary, is shown in the lower part of the State. The other Quartenary deposits, except the belt of Drift spoken of above, are not indicated on the map, for lack of the necessary data. Finally, on account of the small scale of the map, no attempt has been made to show the position of the various subdivisions of the geological formations, but one color is made to serve for the whole Silurian, another for the Cretaceous, and a third for the Tertiary. The map, therefore, like that of Prof. Tuomey, is intended to show, only the most iinportanfc geological features of the State. The iron ore beds, located on the map, are mostly those which supply or have supplied furnaces or forges, and while they are fairly represented, no attempt has been made to give a complete list of the localities where iron ore occurs abundantly. It is found almost everywhere along the Silurian valleys. The coal mines are fully located, or very nearly so. In this connection, surface diggings have not been noticed, and only those localities are given where coal mining is done on a large scale. Coal has been worked on a small scale in thousands of places in this State, but there are only a few mines. As regards gold and copper, only those points are indicated, where machinery, crushing stamps, etc., are used, or where extensive mining operations have been carried on, and this list may not be complete. Surface diggings not noticed. E. A. S. Hand Book OF ALABAMA: A COMPLETE INDEX TO THE STATE; WITH A GEOLOGICAL MAT, -AND AN- APPENDIX OF USEFUL TABLES. By SAFFOLD BERNEY, "CoAii whicli Is the source of Power, and Iron which Is the source of Strength."— i>r. Li/on Plat/fair, Price— Paper, $1.80; Half-Law, $2.00. SENT POST-PAID ON RECEIPT OV PKIOE. MOBILE REGISTER PRINT. 1878. Entered according to Act of Congress, In the year 1878, By SATFOLD BERNEY, In tlie Office of tlie Librarian of COngi-ess, at Washington. 5 Je1907 TABLE OF CONTENTS. GEOiiOGiCAL Map of Alabama, with accompanying Remabks. Constitution of Alabama. PAET FIEST. Origin of the name, Alabama— Geography ; and Historical Chro- nology of the State ; with an account of the Indians once living here 1-11 PAET SEOOKD. Government of Alabama; its State and County Organization ; Polit- ical Divisions ; and Laws relating to Elections and the Holding of Office , 12-26 PAET THIED. Synopsis of the Tax Laws, and other Important Statutes of Ala- bama , 27-43 PAET FOUETH. The Free Public School System of. Alabama; its Normal Schools; Universities and Colleges....... 44-53 PAET FIFTH. The State Institutions of Alabama 54-72 PAET SIXTH. Sketches of the Four Principal Cities of Alabama, and of Birming- ham, and Cullman 73-88 PAET SEVEI^TH. The Water Transportation Lines, and Projected Canals of Ala- bama 89-113 PAET EIGHTH. The Railroads of Alabama; and the Postal, Telegraph, and Ex- press Facilities of the State 114-128 PAET NINTH. Outline of the Geology of Alabama 129-196 PAET TENTH. The Soils of Alabama 197-220 TABLE OP CONTENTS. PAET ELEVENTH. The Forests of Alabama, and their Products 221-236 PART TWELFTH. The Grasses and other Forage Plants of Alabama— Indigenous, Nat- uralized, and Cultivated ^ 236-247 PAET THIETEENTH. The Agricultural Divisions, Capabilities, and Advantages of Alabama 248-255 PAET rOUETEENTH. The Coal and Coal Mines, Iron and Iron Works of Alabama 266-267 PAET FIFTEENTH. Cotton Manufacturing in Alabama 268-278 PAET SIXTEENTH. Miscellaneous Information.... 279-283 PAET SEVENTEENTH. The Climate of Alabama, and its Adaptation to Health and Comfort 284-294 Conclusion. 295-297 Appendix 298-330 Index „331-338 OOlSTSTITUTIOlSr STA.TE OF ^IjA.BA.1s^J^. PREAMBLE. We, the people of the State of Alabama, in order to establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure to ourselves and to our posterity, life, liberty and property, profoundly grateful to Almighty God for this ines- timable right, and invoking His favor and guidance, do ordain and establish the following constitution and form of government for the State of Alabama : ARTICLE I. DBCIiAKATION OF RIGHTS. That the great, general and essential principles of liberty and free government may be recognized and established, we declare : Section 1. That all me?i are equally free and independent; that they are endowed by their Creator with certain inalienable rights ; that among these are life, liber'y, and the pursuit of happiness. Sec. 2. That all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are hereby declared citizens of the State of Alabama, possessing equal, civil and political rights. Sec. 3. That all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their bene- fit ; and that, therefore, they have, at all times, an inalienable and inde- feasible right to change their form of government, in such manner as they may deem expedient. Sec. 4. That no religion shall be established by law; that no prefer- ence shall be given by law to any religious sect, society, denomination, or mode of worship ; that no one shall be compelled by law to attend any place of worship, nor to pay any tithes, taxes, or other rate, for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any oflSce or public trust, under this State ; and that the civil rights, privi. leges and capacities of any citizen, shall not be in any manner affected by his religious principles. *Became Operative December 6tli, 1875. [x] Sec. 5. That any citizen may speak, write and publish his sentiments on all subjects, being responsible for the abuse of that liberty. Sec. 6. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable seizures or searches ; and that no war- rant shall issue to search any place, or to seize any person or thing with- out probable cause, supported by oath or atflrmation. Sec. 7. That in ali criminal prosecutions, the accused has a right to be heard by himself and counsel, or either; to demand the nature and cause of the accusation; to have a copy thereof; to be confronted by the witnesses against him ; to have compulsory process for obtaining witnesses in his favor; and in all prosecutions by indictment a speedy public trial by an inlpartial jury of the county or district in which the offense was com- mitted ; and that he shall not be compelled to give evidence against him- self, nor be deprived of his life, liberty or property, but by due process of law. Sec. 8. That no person shall be accused or arrested, or detained, except in cases ascertained by law. and according tq the forms which the same has prescribed ;Cand no person shali be punished but by virtue of a law established and promulgated prior to the offense, and legally applied. Sec. 9. That no person shall, for any indictable offense, be proceeded against criminally, by information, except in cases arising in the militia and volunteer forces when in actual service, or by leave of the court, for misfeasance, raisde > eanor, extortion and oppression in office, otherwise than is provided in this constitution ; Provided, That in cases of petit larceny, assault, assault and battery, affray, unlawful assemblies, vagrancy and other misdemeanors, the General Assembly may, by law, dispense with a grand jury, and authorize such prosecutions and proceed- ings before justices of the peace, or such inferior courts as may be by law established. Sec. 10. That no person shall, for the same offense, be twice put in jeopardy of life or limb. Sec. 11. That no person shall be debarred from prosecuting or defend- ing, before any tribunal in this State, by himself or counsel, any civil cause or proceeding to which he is a party. Sec. 12. That the right of trial by jury shall remain inviolate. Sec. 13. That in prosecutions for the publication of papers investiga- ting the official conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence; and that in all indictments for libel, the jury shall have the right to determine the law and the facts under the direct- ion of the court. Sec. 14. That all courts shali be open, and that every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due process of law; and right and justice shall be adminis- tered without sale, denial or delay. Sec, 15. That the State of Alabama shall never be made defendant in any court of law or equity. Sec. 16. That excessive fines shall not be imposed, nor cruel or unusual punishments inflicted. Sec. 17. That all persons shall, before conviction, be bailable by suffi- oient sureties, except for capital offenses when the proof is evident or the presumption great ; and that excessive bail shall not, in any case, be required. Sec. 18. That the privilege of the writ of habeas corpus shall not be suspended by the authorities of this State. Sec. 19, That treason against the State shall consist only in levying war against it, or adhering to its enemies, giving them aid and comfort ; and that no person shall be convicted of treason except on the testimony of two witnesses to the same overt act, or his own confession in open court. Sec, 20, That no person shall be attainted of treason by the General Assembly; and that no conviction shall work corruption of blood or forfeiture of estate. Sec. 21. That no person shall be imprisoned for debt. Sec. 22. That no power of suspending laws shall be exercised, except by the General Assembly. Sec. 23. That no ex post facto law, nor any law impairing the obliga- tion of contracts, or making any irrevocable grants of special privileges or immunities, shall be passed by the General Assembly. Sec. 24, That the exercise of the right of eminent domain shall never be abridged or so construed as to prevent the General Assembly from taking the property and franchises of incoi;porated companies and subject- ing them to public use the same as individuals. But private property shall not be taken for or applied to public use, unless just compensation be first made therefor ; nor shall private property be taken for private use, or for the use of corporations, other than municipal, without the consent of the owners ; Provided, however, that the General Assembly may, by law, secure to persons or corporations the right of way over the lands of other persons or corpora' ions, and by general laws provide for and regulate the exercise by persons and corporations of the rights herein reserved ; but just compensation shall, in all cases, be first made to the owner; And provided, That the right of eminent domain shall not be so construed as to allow taxation or forced subscription for the benefit of railroads or any other kind of corporations other than munic- ipal, or for the benefit of any individual or association. Sec, 25. That all navigable waters shall remain forever public high- ways, free to the citizens of the State, and of the United States, without tax, impost or toll, and that no tax, toll, impost or wharfage shall be demanded or received from the owner of any merchandise or commodity, for the use of the shores, or any wharf erected on the shores, or in, or over the waters of any navigable stream, unless the same be expressly authorized by law. Sec. 26. That the citizens have a right, in a peaceable manner, to assemble together for the common good, and to apply to those invested with the power of government for redress of grievances, or other pur- poses, by petition, address or remonstrance. Sec. 27. That every citizen has a right to bear arms in defense of himself and the State. Sec. 28. That no standing army shall be kept up without the consent of the General Assembly ; and, in that case, no appropriation for its [xiij silpport shall be made for a longer term than one year ; and the military shall, in all cases, and at all times, be in strict subordination to the civil power. Sec. 29. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner ; nor in time of war, but in a manner to be prescribed by law. Sec. 30. That no title of nobility, or hereditary distinction, privilege, honor or emolument, shall ever be granted or conferred in this State; and that no office shall be created, the appointment to which shall be for a longer time ihan during good behavior. Sec. 31. That immigration shall be encouraged, emigration shall not be prohibited, and no citizen shall be exiled. Sec. 32. That temporary absence from the State shall not cause a forfeiture of residence once obtained. Sec. 33. That no form of slavery shall exist in this State, and there shall be no involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted. Sec. 34. The right of suffrage shall be protected by laws regulating elections, and prohibiting, under adequate penalties, all undue influences from power, bribery, tumult, or other improper conduct. Sec. 35. The people of this State accept as final the established fact that from the Federal Union there can be no secession of any State. Sec. 36. Foreigners who are or may hereafter become hona fide resi- dents of this State, shall enjoy the same rights in respect to the possession,, enjoyment and inheritance of property, as native born citizens. Sec. 37. That the sole object and only legitimate end of government is to protect the citizen in the enjoyment of life, liberty and property; and when the government assumes other functions it is usurpation and oppression. Sec. 38. No educational or property qualification for suffrage or office, nor any restraint upon the same on account of race, color or previous condition of servitude, shall be made by law'. Sec. 39. That this enumeration of certain rights shall not impair or deny others retained by the people. ARTICLE II. STATE AND COUNTY BOUNDARIES. Section 1. The boundaries of this State are established and declared to be as follows— that is to say: Beginning at the point where the 31st degree of north latitude crosses the Perdido river; thence east to the western boundary line of the State of Georgia, thence along said line to the southern boundary line of the State of Tennessee; thence west along the southern boundary line of the State of Tennessee, crossing the Tennessee river, and on to the second intersection of said river by said line; thence up said river to the mouth of Big Bear Creek ; thence by a direct line to the northwest corner of Washington county in this State, as originally formed ; thence southerly along the line of the State of Mississippi to the Gulf of Mexico; thence eastwardly, including all txiiif islands within six leagues of the shore, to the Perdido river ; thence up the said river to the beginning. Sec. 2. The boundaries of the several counties of this State, as hereto- fore established by law, are hereby ratified and confirmed. The General Assembly may, by a vote of two-thirds of both houses thereof, arrange and designate boundaries for the several counties of this State, which boundaries shall not be altered, except by a like vote ; but no new counties shall be hereafter formed of less extent than six hundred square miles, and no existing county shall be reduced to less extent than six hundred square miles, and no new county shall be formed which does not contain a sufficient number of inhabitants to entitle it to one represen- tative, under the ratio of representation existing at the time of its forma- tion, and leave the county or counties from which it is taken with the required number of inhabitants entitling such county or counties to separate representation. ARTICLE III. DISTRIBUTION OF POWERS OF GOVERNMENT. Section 1. The powers of the government of the State of Alabama shall be divided into three distinct departments, each of which shall be confided to a separate body of magistracy, to- wit: Those which are legislative to one; those which are executive to another; and those which are judicial to another. Sec. 2. No person or collection of persons, being of one of those departments, shall exercise any power properly belonging to either of the others, except in the instances hereinafter expressly directed or permitted. ARTICLE IV. liEGISLATIVE DEPARTMENT. Section 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. Sec. 2. The style of the laws of this State shall be, " Be it enacted by the General Assembly of Alabama." Each law shall contain but one sub- ject, which shall be clearly expressed in its title, except general appro- priation bills, general revenue bills and bills adopting a code, digest or revision of statutes; and no law shall be revived, amended, or the pro- visions thereof extended or conferred by reference to its title only ; but so much thereof as is revived, amended, extended or conferred, shall be re-enacted and published at length. Sec. 3. Senators and Representatives shall bq elected by the qualified electors on the first Monday in August, 1876, and one-half of the sena- tors and all the representatives shall be elected every two years thereafter, unless the General Assembly shall change the time of holding elections. The terms of the office of the senators shall be four years, and that of the representatives two years, commencing on the day after the general election, except as otherwise provided in this constitution. Sec. 4. Senators shall be at least 27 years of age, and representatives 21 years of age ; they shall have been citizens and inhabitants of this State for three years, and inhabitants of their respective counties or districts one year next before their election, if such county or district shall have been so loug established, but if not, then of the county or district from which the same shall have been taken ; and they shall reside in their respective counties or districts during their terms of service. Seo. 5. The General Assembly shall meet biennially at the capitol, in the senate chamber and in the hall of the house of representativ^es, (except in cases of destruction of the capitol, or epidemics, when the Governor may convene them at such place in the State as he may deem best) — on the day specified in this constitution, or on such other day as may be prescribed by law, and shall not remain in session longer than sixty days at the first session held under this constitution, nor longer than fifty days at any subsequent session. SiiC. 6. The pay of the members of the General Assembly shall be four dollars per day, and ten cents per mile in going to and returning from the seat of government, to be computed by the nearest usual route traveled. Sec. 7. The General Assembly shall consist of not more than thirty- three senators, and not more than one hundred members of the house of representatives, to be apportioned among the several districts and coun- ties as prescribed in this constitution. Sec. 8. The Senate, at the beginning of each regular session and at such other times as may be necessary, shall elect one of its members president thereof, and the house of representatives, at the beginning of each regular session, shall elect one of its members as speaker; and the president of the senate and the speaker of the house of representatives shall hold their offices respectively until their successors are elected and qualified. Each house shall choose its own officers, and shall judge of the election, returns and qualifications of its members. Sec. 9. At the general election in tbe year 1876, senators shall be elected in the even numbered districts, to serve for two years, and in the odd numbered districts to serve for four years, so that thereafter one-half the senators may be chosen biennially. Members of the house of repre- sentatives shall be elected at the general election every second year. The time of service of senators and representatives shall begin on the day after their election, except the tei'ms of those elected in 1876, which shall not begin until the term of the present members shall have expired- Whenever a vacancy shall occur in either house, the Governor for the time being shall issue a writ of election to fill such vacancy for the remainder of the term. Sec. 10. A majority of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide. Sec. 11. Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence, to enforce obedience to its process, to protect its members against violence, or oflFers of bribes or corrupt [XV] solicitation, and with the concurrence of two-thirds of either house to expel a member, but*not a second time for the same cause; and shall have all the powers necessary for the legislature of a free State. Sec. 12. A member of either house expelled for corruption, shall not thereafter be eligible to either house: and punishment for contempt or disorderly behavior, shall not bar an indictment for the same offense. Sec. 13. Each house shall keep a journal of its proceedings and cause the same to be published immediately after its adjournment, excepting such parts as in its judgment may require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one- tenth of the members present, be entered on the journals. Any member ■ of either house shall have liberty to dissent from or protest against any act or resolution which he may think injurious to the public or an individual, and have the reasons for his dissent entered on the journals. Sec. 14. Members of the General Assembly shall in all cases, except treason, felony, violation of their oath of oflBce and breach of the peace, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same, and for any speech or debate in either house they shall not be questioned in any other place. Sec. 15. The doors of each house shall be open, except on such occa- sions as in the opinion of the house may require secrecy. Sec. 16. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which they may be sittitig. Sec. 17. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office of profit, under this State, which shall have been created or the emolu- ments of which shall have been increased during such term, except such ofQce as may be filled by election by the people. Sec. 18. No person hereafter convicted of embezzlement of public money, bribery, perjury, or other infamous crime, shall be eligible to the General Assembly, or capable of holding any office of trust or profit in this State. Sec. 19. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. Sec. 20. No bill shall become a law until it shall have been referred to a committee of each house and returned therefrom. Sec 21. Every bill shall be read on three different days in each house —and no bill shall become a law unless on its final passage it be read at length and the vote be taken by yeas and nays, the hames of the mem- bers voting for and against the same be entered on the journals, and a majority of each house be recorded thereon as voting in its favor, except as otherwise provided in this constitution. Sec. 22. No amendment to bills by one house shall be concurred in by the other except by a vote of a majority thereof, taken by yeas and nays, and the names of those voting for and against recorded upon the journals ; and reports of committees of conference shall in like manner be adopted in each house. [xvi] Sec. 23. No special or local law shall be enacted for the benefit of individuals or corporations in cases which are or can be provided for by a general law, or where the relief sought can be given by any court of this State. Nor shall the operation of any general law be suspended by the General Assembly for the benefit of any individual, corporation or association. Sec. 24, No local or special law shall be passed on a subject which cannot be provided for by a general law, unless notice of the intention to apply therefor shall have been published in the locality where the matter or things to be affected may be situated, which notice shall be at least twenty days prior to the introduction into the General Assembly of such bill— the evidence of such notice having been given, shall be exhib- ited to the General Assembly before such act shall be passed ; Provided, That the provisions of this constitution as to special or local laws, shall not apply to public or educational institutions of, or in this State, nor to industrial, mining, immigration or manufacturing corporations or interests, or corporations for constructing canals, or improving naviga- ble rivers and harbors of this State. Sec. 25. The General Assembly shall pass general laws, under which local and private interests shall be provided for and protected. Sec. 26. The General Assembly shall have no power to authorize lotteries or gift enterprises for any purpose, and it shall pass laws to prohibit the sale of lottery or gift enterprise tickets, or tickets in any scheme in the nature of a lottery, in this State, and all acts or parts of acts heretofore passed by the General Assembly of this State, authoriz- ing a lottery or lotteries, and all acts amendatory thereof or supplemen- tal thereto, are hereby avoided. Sec 27. The presiding officer of each house shall, in the presence of the house over which he presides, sign all bills and joint resolutions passed by the General Assembly, after the titles have been publicly read immediately before signing, and the fact of signing shall be entered on the journal. Sec. 28. The General Assembly shall prescribe by law the number, duties and compensation of the officers and employes of each house, and no payment shall be made from the State Treasury, or be in any way authorized to any person, except to an acting officer or employe, elected or appointed in pursuance of law. Sec. 29. No bill shall be passed giving any extra compensation to any public officer, servant or employe, agent or contractor, after the services shall have been rendered, or contract made; nor shall any officer of the State bind the State to the payment of any sum of money but by author- ity of law. Sec 30. All stationery, printing, paper and fuel used in the legisla- tive and other departments of government, shall be furnished, and the printing, binding and distribution of laws, journals, department reports, and all other printing and binding, and repairing and furnishing the halls and rooms used for the meetings of the General Assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder below a maximum price, and under such regulations as shall be prescribed by law ; no member or officer of any department [xvii] of the government shall be in any way interested in such contracts, and all such contracts shall be subject to the approval of the Governor, State Auditor and State Treasurer. Sec. 31. All bills for raising revenue shall originate in the House of Representatives, but the Senate may propose amendments as in other bills. Sec. 32. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of the State, interest on the public debt and for the public schools; all other appropriations shall be made by separate bills, each embracing but one subject. Sec. 33. No money shall be paid out of the treasury except upon appropriations made by law, and on warrant drawn by the proper oflQcer in pursuance thereof, and a regular statement and account of receipts and expenditures of all public moneys shall be published annually in such manner as may be by law directed. Sec. 34. No appropriation shall be made to any charitable or educa- tional institution not under the absolute control of the State, other than Normal schools established by law for the professional training of teachers for the public schools of the State, except bya vote of two-thirds of all the members elected to each house. Sec. 35. No act of the General Assembly shall authorize the invest- ment of any trust funds by executors, administrators, guardians and other trustees, in the bonds or stock, of any private corporation; and any such acts now existing are avoided, saving investments heretofore made. Sec. 36. The power to change the venue in civil and criminal causes is vested in the courts, to be exercised in such manner as shall be pro- vided by law. Sec. 37. When the General Assembly shall be convened in special session, there shall be no legislation upon subjects other than those des- ignated in the proclamation of the Governor calling such session. Sec. 38. No State office shall be continued or created for the inspect- ion or measuring of any merchandise, manufacture or commodity, but any county or municipality may appoint such officers, when authorized by law. Sec. 39. No act of the General Assembly changing the seat of govern- ment of the State, shall become a law until the same shall have been submitted to the qualified electors of the State at a general election, and approved by a majority of such electors voting upon the same, and such act shall specify the proposed new location. Sec. 40. A member of the General Assembly who shall corruptly solicit, demand or receive, or consent to receive, directly or indirectly, for himself or for another, from any company, corporation, or person, any money, office, appointment, employment, reward, thing of value or enjoyment, or of personal advantage, or promise thereof for his vote or oflfieial influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or official action shall be in any way influenced thereby, or who shall solicit or demand any such money or other advantage, matter or thing aforesaid, for another, as the coneidera- [xviii] tion of his vote or official influence, or for withholding the same, or shall give or withhold his vote or influence in consideration of the pay- ment or promise of such money, advantage, matter or thing to another, shall be guilty of bribefy within the meaning of this constitution, and shall incur the disabilities provided thereby for such offense, and such additional punishment as is or shall be provided by law. Sec. 41. Any person who shall, directly or indirectly, otfer, give or promise any money or thing of value, testimonial, privilege or personal advantage to any executive or judicial officer, or member of the General Assembly to influence him in the performance of any of his public or official duties, shall be guilty of bribery, and be punished in such man- ner as shall be provided by law. Sec. 42. The ofTense of corrupt solicitation o.f members of the Gen- eral Assembly, or of public officers of this State, or of any municipal division thereof, and any occupation or practice of solicitation of such member or officers to influence their official action shall be defined by law, and shall be punished by fine and imprisonment. Sec. 43. A member of the General Assembly who has a personal or private interest in any measure or bill, proposed or pending before the General Assembly^ shall disclose the fact to the house of which he is a member, and shall not vote thereon. , Sec. 44 In all elections by the General Assembly, the members shall vote viva voce, and the votes shall be entered on the journals. Sec. 45. It shall be the duty of the General Assembly to pass such laws as may be necessary and proper to decide differences by arbitrators, to be appointed by the parties who may choose that mode of adjustment. Sec. 46. It shall be the duty of the General Assembly, at its first session after the ratification of this constitution, and within every subse- quent period of ten years, to make provision by law for the revision, digesting, and promulgation of the public statutes of this State of a general nature, both civil and criminal. Sec. 47. The General Assembly shall pass such penal laws as they may deem expedient to suppress the evil practice of dueling. Sec. 48. It shall be the duty of the General Assembly to regulate by law the cases In which deductions shall be made from the salaries of public officers for neglect of duty in their official capacities, and the amount of such deductions. Sec. 49. It shall be the duty of the General Assembly to require the several counties of this State to make adequate provision for the main- tenance of the poor Sec. 50. The General Assembly shall not have power to authorize any muncipal corporation to pass any laws inconsistent with the general laws of this State. Sec. 51. In the event of annexation of any foreign territory to this State, the General Assembly shall enact laws extending to the inhabi- tants of the acquired territory all the rights and privileges which may be required by the terms of the acquisition, anything in this constitution to the contrary notwithstanding. Sec. 52. The General Assembly shall not tax the property, real and personal, of the S'tate, counties or other municipal corporations, or eeme- [xixl teries; nor lots in incorporated cities or towns, or within one mile of any city or town, to th^ extent of one acre, nor lots one mile or more distant from such cities or towns, to the extent of five acres, with the buildings thereon, when the same are used exclusively for religious worship, for schools, or for purposes purely charitable ; nor such property, real or per- sonal, to an extent not exceeding twenty-five thousand dollars in value, as may be used exclusively for agricultural or horticultural associations of a public character. Sec. 63. The General Assembly shall by law prescribe such rules and regulations as may be necessary to ascertain the value of personal and real property exempted from sale under legal process by this constitution, and to secure the same to the claimant thereof as selected. Sec. 54. The State shall not engage in works of internal improvement, nor lend money or its credit in aid of such ; nor shall the State be inter- ested in any private or corporate enterprise, or lend money or its credit to any individual, association or corporation. Sec. 55. The General Assembly shall have no power to authorize any county, city, town, or other subdivision of this State, to lend its credit, or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in any such corporation, association or company, by issuing bonds or otherwise. Sec. 56. There can be no law of this State impairing the obligation of contracts by destroying or impairing the remedy for their enforcement; and the General Assembly shall have no power to revive any right or remedy which may have become barred by lapse of time or by any statute of this State. ARTICLE V. executive department. Section 1. The executive department shall consist of a Governor, Secretary of State, State Treasurer, State Auditor, Attorney General and Superintendent of Education, and a Sheriff for each county. Sec. 2. The supreme executive power of this State shall be vested in a Chief Magistrate, who shall be styled "The Governor of the State of Alabama." Sec. 3. The Governor, Secretary of State, State Treasurer, State Audi- tor and Attorney General sball be elected by the qualified electors of this State, at the same time and places appointed for the election of members of the General Assembly. Sec. 4. The returns of every election for Governor, Secretary of State, State Auditor, State Treasurer and Attorney General, shall be sealed up and transmitted by the returning oflScers to the seat of government, directed to the Speaker of the House of Representatives, who shall dur- ing the first week of the session to which said returns shall be made, open and publish them in the presence of both houses of the General Assembly in joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected ; but if two or more shall have an equal and the highest number of votes for the jxxj sabae office, the General Assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for Gover- nor, Secretary of State, State Auditor, State Treasurer and Attorney General shall be determined by both houses of the General Assembly in such manner as may be prescribed by law. Sec. 5. The Governor, Secretary of State, State Treasurer, State Auditor and Attorney General shall hold their respective offices for the term of two years from the time of their installation in office and until their successors shall be elected and qualified. Sec. 6. The Governor shall be at least thirty years of age when elected, and shall have been a citizen of the United States ten years and a resident citizen of this State at least seven years next before the day of his election. Sec. 7. The Governor, Secretary of State, " State Treasurer, State Auditor and Attorney General shall reside at the seat of government of this State during the time they continue in office (except in case of epi- demics) ; and they shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected. » Sec. 8. The Governor shall take care that the laws be faithfully executed. Sec. 9. The Governor may require information in writing, under oath, from the officers of the executive department on any subject relat- ing to the duties of their respective offices; and he may at any time require information in writing, under oath, from all officers and mana- gers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices and institutions; and any such officer or manager who makes a false report shall be guilty of perjury and punished accordingly. Sec. 10. The Governor may, by proclamation, on extraordinary occa- sions convene the General Assembly at the seat of government, or at a different place, if, since their last adjournment, that shall have become dangerous from an enemy or from infectious or contagious diseases ; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary. Sec. 11. The Governor shall, from time to time, give to the General Assembly information of the fctate of the government, and recommend to their consideration such measures as he may deem expedient, and at the commencement of each session of the General Assembly, and at the close of his term of office, give information by written message of the condition of the State, and he shall account to the General Assembly as may be prescribed by law, for all moneys received and paid out by him from any funds subject to his order, with the vouchers therefor, and he shall at the commencement of each regular session present to the General Assembly estimates of the amount of money required to be raised by taxation for ail purposes. Sec. 12. The Governor shall have power to remit fines and forfeit- ures, under such rules and regulations as may be prescribed by law, and after conviction to grant reprieves, commutation of sentence and par- dons (except in cases of treason and impeachment) ; but pardons in fxxil 6ases of murder, arson, burglary, rape, assault with intent to comniit rape, perjury, forgery, bribery and larceny, shall not relieve from civil and political disability unless speciflcaily expressed in the pardon. Upon conviction of treason, the Governor may suspend the execution of the sentence and report the same to the General Assembly at the next regular session, when the General Assembly shall either pardon, com- mute the sentence, direct its execution, or grant further reprieve. He shall communicate to the general Assembly at every regular session each case of reprieve, commutation or pardon granted, with his reasons there- for; stating the name and crime of the convict, the sentence, its date, and the date of the reprieve, commutation or pardon. Sec. 13. Every bill, which shall have passed both houses of the Gen- eral Assembly, shall be presented to the Governor ; if he approve, he shall sign it, but if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large upon the journals, and the house to which such bill shall be returned, shall proceed to reconsider it; if after such reconsideration a majority of the whole number elected to that house, shall vote for the passage of such bill, it shall be sent with the objections, to the other house, by which it shall likewise be reconsidered; if apprpved by a majority of the whole number elected to that house, it shall become a law ; but in such cases, the vote of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill, shall be entered upon the journals of each house respectively; if any bill shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the General Assembly by their adjournment prevent its return, in which case it shall not be a law. And every order, vote, or resolution, to which the concurrence of both houses may be necessary (except questions of adjournment, and of bringing on elections by the two houses, and of amending this constitu- tion,) shall be presented to the Governor, and before the same shall take eflect be approved by him, or being disapproved shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill. Sec. 14. The Governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts uf the bill approved- shall be the law, and the item or items of appropriations disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the Executive veto, and he shall, in writing, state speciflcaily the item or items he disapproves. Sec. 15. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, absence from the State, or other disability, the President of the Senate shall exercise all the power and authority appertaining to the office of Governor, until the time appointed for the election of Governor shall arrive, or until the Governor who is absent or impeached, shall return or be acquitted, or other disability be removed, and if during such vacancy in the office of Governor, the President of the Senate shall be impep.ched, removed from office, refuse to qualify, die, resign, be absent from the State, or be under any other disability, the Speaker of the House of Representatives shall in like manner administer the Government. If the Governor shall be absent from the State over twenty days, the Secretary of State shall notify the President of the Senate, who shall enter upon the duties of Governor, and if the Governor and President of the Senate shall both be absent from the State over twenty days, the Secretary of State shall notify the Speaker of the House of Representatives, and in such case he shall enter upon and discharge the duties of Governor, until the return of the Governor or President of the Senate. Sec. 16. The President of the Senate and Speaker of the House of Representatives shall during the time they respectively administer the government, receive the same compensation which the Governor would have received if he had been employed in the duties of his office; Pro- vided, That if the General Assembly shall be in session during such absence, they, or either of them, shall receive no compensation as mem- bers of the General Assembly while acting as Governor. Sec. 17. No person shall, at one and the same time hold the office of Governor of this State and any other office, civil or military, either under this. State, the United States, or any other State or government, except as otherwise provided in this constitution. Sec. 18. The Governor shall be Commander-in-Chief of the militia and volunteer forces of the Scate, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection and repel invasion ; but he need not command in person, unless directed to do so by a resolution of the General Assembly, and when acting in the service of the United States he shall appoint his staff and the General Assembly shall fix his rank. Sec. 19. No person shall be eligible to the office of Secretary of State, State Treasurer, State Auditor, or Attorney General, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this State at least five years next preceding his election, and shall be at least twenty-five years oW when elected. Sec. 20. There shall be a great seal of the State, which shall be used officially by the Governor; and the seal now in use shall continue to be used until another shall have been adopted by the General Assembly. The said seal shall be called the " Great Seal of the State of Alabama." Sec. 21. The Secretary of State shall be the custodian of the seal of the State, and shall authenticate therewith all official acts of the Govern- or, his approval of laws and resolutions excepted. He shall keep a reg- ister of the official acts of the Governor, and when necessary shall attest them, and lay copies of same, together with copies of all papers relative thereto, before either House of the General Assembly, whenever required to do so, and shall perform such other duties as may be pre- scribed by law. Sec. 22. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, signed by the Governor and countersigned by the Secretary of State. Sec. 28. Should the office of Secretary of Sate, State Treasurer, State Auditor, Attorney General or Superintendent of Education become [xxiii] vacant, for any of the causes specified in section fifteen of this article, the Governor shall fill the vacancy until the disability is removed or a successor elected and qualified. 8ro. 24. The State Trea'^urer, State Auditor, and Attorney General, shall perform such duties as may be prescribed by law. The State Treasurer and State Auditor shall every year, at a time the General Assembly may fix, make a full and complete report to the Governor, showing all receipts and disbursements of revenue, of every character, all claims audited, and paid by the State, by items, and all taxes and revenue collected and paid into the treasury, and from what sources, and they shall make reports oftener on any matter pertaining to their oflRce, if required by the Governor, or the General Assembly. Sec. 25 The State Auditor, State Treasurer, and Secretary of State shall not, after the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of rfflce, or compensation other than their salaries as prescribed by law; and all fees that may be payable by law. for any service performed by either of such officers, shall be paid in advance into the State Treasury, Sec. 26. A Sheriff shall be elected in each county by the qualified electors thereof, who shall hold his office for the term of four years, unless sooner removed, and shall be ineligible to such office as his own. successor ; Provided, That sheriffs elected on the first Monday in August, 1877, or at such other time as may be prescribed by law for the election in that year, shall hold their offices for the term of three years, and until their successors shall bf^ elected and qualified. In the year 1880. at the general election for members to the General Assembly, sheriffs shall be elected for four years as herein provided. Vacancies in the office of sheriff shall be filled by the Governor, as in other cases, and the person appointed shall continue in office until the next general election in the county for sheriff, as provided by law. ARTICLE VI. I JUDICIAL DEPARTMENT. Section 1. The judicial power of the State shall be vested in the Senate, sitting as a court of impeachment, a supreme court, circuit courts, chancery courts, courts of probate, such inferior courts of law and equity, to consist of not more than five members, as the General Assembly may from time to tirne establish, and such persons as may be by law invested with powers of a judicial nature. Sec. 2. Except in cases? otherwise directed in the constitution, the supreme court shall have appellate jurisdiction only, which shall be co- extensive with the State, under such restrictions and reeulations. not repugnant to this constitution, as may from time to time be prescribed by law; Provided. That said court shall have power to issue writs of injunction, habeas corpus, quo-warranto, and such other remedial and original writs as may be necessary to give it a general superintendence and control of inferior jurisdictions. Sec. 3. The supreme court shall be held at the seat of government, but if that shall have become dangerous from any cause, it may adjourn to a^differeut place. [xxivj Sec 4, The State shall be divided by the General Assembly into con- venient circuits, not to exceed eight in number, unless increased by a vote of two-thirds of the members of each house of the General Assem- bly, and no circuit shall contain less than three nor more than twelve counties, and for each circuit there shall be chosen a judge, who shall for one year next prpceding his election and during his continuance in oflBce reside in the circuit for which he is elected. Sec. 5. The circuit court shall have original jurisdiction in all mat- ters, civil and criminal, within the State, not otherwise excepted in the constitution; but in civil cases only when the matter or sum in controversy exceeds fifty dollars. Sec. 6. A circuit court shall be held in each county in the State at least twice in every year; and the judges of the several circuits may hold court for each other when they deem it expedient, and shall do so when directed by law; Provided, That the judges of the several circuit courts shall have power to issue writs of injunction returnable into courts of chancery. Sec. 7. The General Assembly shall have power to establish a court or courts of chancery, with original and appellate jurisdiction. The State shall be divided by the General Assembly into convenient chan- cery divisions, not exceeding three in number, unless an increase shall be made by a vote of two-thirds of each house of the General Assembly, taken by yeas. and nays and entered upon the journals; and the divis- ions shall be divided into districts, and for each division there shall be a chancellor, who shall, at the time of his election or appointment, and during his continuance in office, reside in the division for which he shall have been elected or appointed. Sec. 8. A chancery court shall be held in each district, at a place to be fixed by law, at least once in each year ; and the chancellors may hold courts for each other, when they deem it necessary. Sec. 9. Tne General Assembly shall have power to establish in each county within the State a court of probate, with general jurisdiction for the granting of letters testamentary and of administration, and for orphans' business. Sec. 10. The judges of the supreme court, circuit courts and chan- cellors shall, at stated times, receive for their services a compensation, which shall not be diminished during their official terms, but they shall receive no fees or perquisites, nor hold any office (except judicial offices) of profit or trust under this State, or the United States, or any other pow°er, during the term for which they have been elected. Sec. 11. The supreme court shall consist of one chief justice, and such number of associate justices as may be prescribed by law. Sec. 12. The chief justice and associate justices of the supreme court, judges of the circuit courts, probate courts and chancellors, shall be elected by the qualified electors of the State, circuits, counties, and chancery divisions for which such courts may be established, at such time as may be prescribed by law. Sec. 13. The judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed, in such mode as the General Assembly may prescribe. [xxv] Sec. 14. The judges of the supreme court, circuit courts, and chan- cellors, and the judges of city courts, shall have been citizens of the United States, and of this State, for five years next preceding- their etection or appointment, and shall be not less than twenty-five years of age, and learned in the law. Sec. 15. The chief justice and associate justices of the supreme court, circuit judges, chancellors and probate judges, shall hold office for the term of six years, and until their successors are elected or appointed and qualified; and the right of such judges and chancellors to hold, tbeir offices for the full term, hereby pi'escribed, shall not be affected by any change hereafter made by law in any circuit, division or county in the mode or time of election. Sec. 16. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the State; the judges of the circuit courts, within their respective circuits, and the judges of the inferior courts, within their respective jurisdictions, shall, in like manner, be conservatoi-s of the peace. Sec. 17. Vacancies in the office of any of the judges or chancellors of this State shall be filled by appointment by the Governor, and such appointee shall hold his office for the unexpired term, and until his suc- cessor is elected or appointed and qualified. Sec. 18. If in any case, civil or criminal, pending in any circuit, chancery or city court in this State, the presiding judge or chancellor shall, for any legal cause, be incompetent to try, hear or render judg- ment in such cause, the parties or their attorneys of record, if it be a civil case, or the solicitor or other prosecuting officer, and the defendant or defendants, if it be a criminal case, may agree upon some disinter- ested person practicing in the court, and (earned in the law, to act as special judge or chancellor, to sit as a court and to hear, decide and ren- der judgment in the same manner and to the same effect as a judge of the circuit or city court or chancellor sitting as a court might do in such ease. If the case be a civil one and the parties or their attorneys of rec- ord do not agree, or if the case be a criminal one and the prosecuting of- ficer and the defendant or defendants do not agree upon a special judge or chancellor, or if either party in a civil cause is not represented in court, the clerk of the circuit or city court, or register in chancery, of the court in which said cause is pending, shall appoint the special judge or chancellor, who shall preside, try and render judgment as in this sec- tion provided. Sec. 19. The General Assembly shall have power to provide for the holding of circuit and chancery courts in this State, when the judges or chancellors thereof fail to attend regular terms. Sec. 20. JSTo judge of any court of record, in this State, shall practice law in any of the courts of this State or of the United States. Sec. 21. Registers in chancery shall be appointed by the chancellors of the divisions, and shall hold office during the term of the chancellor making such appointment: and such registers shall receive as compen- sation for their services only such fees and commissions as may be spe- cifically prescribed by law. Sec. 22. A clerk of the supreme court shall be appointed by the judges [xxvij thereof, and shall hold office during the term of the judges making the appointment, and clerks of such inferior courts as may be established by law shall be appointed by the judges tbereof, and shall hold office during the term of the judge making such appointment. Sec. 23. Clerks of the circuit court shall be elected by the qualified electors in each county, for the term of six years. Vacancies- in such office shall be filled by the Governor for the unexpired term. Sec. 24. The clerk of the supreme court and registers in chancery may be removed from office by the judges of the supreme court and chan- cellors respectively, for cause, to be entered at length upon the records of the court. Sec. 25. A solicitor for each judicial circuit shall be elected by joint ballot of the General Assembly, who shall be learned in the law, and who shall, at the time of his election, and during his continuance in office, reside in the circuit for which he is chosen, and whose term of office shall be for six years ; Provided, That the General Assembly, at the first session thereof, after the ratification of this constitution, shall, by joint ballot, eiect a solicitor for each judicial circuit of the State, whose term of office shall begin on Tuesday after the first Monday in Novem- ber, 1876, and continue for four years; And, provided, that the General Assembly may, when necessary, provide for the election or appointment of countj^ solicitors. Sec. 26. There shall be elected by the qualified electors of each pre- cinct of the counties not exceeding two justices of the peace and one constable. Such justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed |I00, except in cases of libel, slander, assault and battery, and ejectment. In all cases tried before such justices, the right of appeal, without prepayment of costs, shall be secured by law ; Provided, that the Governor may appoint one notary public for each election precinct in counties, and one for each ward in cities of over 5,000 inhabitants, who, in addition to the powers of notary, shall have and exercise the same jurisdiction as justices of the peace within the precincts and wards for which they are respectively ap- pointed ; Provided, that notaries public without such jurisdiction may be appointed. The term of office of such justice and notaries public shall be prescribed by law. Sec. 27. Aq attorney-general shall be elected by the qualified electors of the State at the same time and places of election of members of the General Assembly, and whose term of office shall be for two years, and until his successor is elected and qualified. After his election he shall residtj at the seat of government and shall be the law officer of the State, and shall perform such duties as may be required of him by law. Sec, 28. The style of all process shall be "The State of Alabama," and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude, "Against the peace and dignity of the State." ARTICLE VII. impeachments. Section 1. The Governor, Secretary of State, Auditor, Treasurer, [xxvii] Attorney General, Superintendent of Education, and Judges of the Supreme Court may be removed from office for willful neglect of duty, corruption in office, liabitual drunkenness, incompetency, or any ofl'ense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the Senate, sitting as a court for that purpose, under oath or affirmation, on articles or charges preferred by the House of Representatives. Sec. 2 The chancellors, judges of the circuit courts, judges of the probate courts, solicitors of the circuits and judges of the inferior courts from which an appeal may be taken directly to the supreme court, may be removed from office for any of the causes specified in the preceding section, by the supreme court, under such regulations as may be pre- scribed by law. Sec. 3. The sheriffs, clerks of the circuit, city or criminal courts, tax collectors, tax assessors, county treasurers, coroners, justices of the peace, notaries public, constables, and all other county officers, mayors and intendants of incorporated cities and towns in this State, may be removed from office for any of the causes specified in section one of this article, by the circuit, city or criminal court of the county in which such officers hold their office, under such regulations as may be prescribed by law; Provided, that the right of trial by jury and appeal in such cases be secured. Sec. 4, The penalties in cases arising under the three preceding sec- tions shall not extend beyond removal from office and disqualification from holding office under the authority of this State, for the term for which he was elected or appointed ; but the accused shall be liable to in- dictment, trial and punishment as prescribed by law. ARTICLE VIII. SUFFRAGE AND ELECTIONS. Section 1. Every male citizen of the United States, and every male person of foreign birth who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is 21 years old or upwards, possessing the following qualifications, shall be an elector, and shall be entitled to vote at any election by the people, except as hereinafter provided : 1st. He shall have resided in the State at least one year immediately preceding the election at which he offers to vote. 2d. He shall have resided in the county for three months, and in the precinct, district or ward for thirty days immediately preceding the elec- tion at which he offers to vote ; Provided, that the General Assembly may prescribe a loiiger or shorter residence in any precinct in any county, or in any ward in any incorporated city or town having a popu- lation of more than 5,000 inhabitants, but in no case to exceed three months; And provided, that no soldier, sailor or marine in the military or naval service of the United States shall acquire a residence by being stationed in this State. Sec. 2. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be v.va voce. Sec. 3. The following classes shall not be permitted to register, vote or hold olfice : 1st. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime pun- ishable by imprisonment in the penitentiary. 2d. Those who are idiots or insane. Sec. 4. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections or while going to or returning therefrom. 8ec. 5. The General Assembly shall pass laws, not inconsistent with this constitution, to regulate and govern elections in this State, and all such laws shall be uniform throughout the State. The General Assembly may. when necessary, provide by law for the registration of electors throughout the State, or.ia any incorporated city or town thereof, and when it is so provided no person shall vote at any election unless he shall have registered as required by law. Sec. 6. It shall be the duty of the General Assembly to pass adequate laws giving protection against the evils arising from the use of intoxica- ting liquors at all elections. • . Sec. 7. Returns of elections for all civil officers who are to be com- missioned by the Governor, except Secretary of State, State Auditor, State Treasurer aud Attorney General, and for members of the General Assembly, shall be made to the Secretary of State. ARTICLE IX. REPRESENTATION. Section 1 The whole number of senators shall be not less than one- fourth nor more than one-third of the whole number of representatives. Sec. 2. The house of representatives shall consist of not more than one hundred members, who shall be apportioned by the General Assembly among the several counties of the State according to the num- ber of inhabitants in them respectively, as ascertained by the decennial census of the United States for the year 1880; which apportionment, when made, shall not be subject to alteration until the first session of the General Assembly after the next decennial census of the United States shall have been taken. Sec. 3. It shall be the duty of the General Assembly, at its first ses- sion after the taking of the decennial census of the United States in 1880, and after each subsequent decennial census, to fix by law the num- ber of representatives, and apportion them among the several counties of the State ; Provided, that each county shall be entitled to at least one representative. Sec. 4. It shall be the duty of the General Assembly at its first ses- sion after the taking of the decennial census of tbe United States in 1880, and after each subsequent decennial census, to fix by law the num- be^r of senators, and to divide the State into as many senatorial districts as there are senators, which districts shall be as nearly equal to each other in the number of inhabitants as may be, and each shall be entitled to one senator and no more ; and which districts, when formed, shall not fxxixj I be changed until the next apportioning session of the General Assembly after the next decennial census of the United States shall have been taken. No county shall be divided between two districts, and no district shall be made of two or more counties not contiguous to each otber. Sec. 5. Should the decennial census of the United States from any cause not be taken, or if when taken the same as to tbis State is not full or satisfactory, the General Assembly shall bave power at its first session after the time shall have elapsed for the taking of said census, to provide for an enumeration of all the inhabitants of this State, and once in each ten years thereafter, upon which it shall be the duty of the General Assembly to make the apportionment of representatives and senators as provided for in tbis article. Sec. 6. Until the General Assembly shall make an apportionment of representatives among the several counties, after the first decennial census of the United States as herein provided, the counties of Autauga, Baldwin, Bibb, Blount, Calhoun, Chilton, Cherokee, Choctaw, Clarke, Clay, Cleburne, Coffee, Colbert, Conecuh, Coosa, Covington, Crenshaw, Dale, DeKalb, Elmore, Etowah, Escambia, Fayette, Franklin, Geneva, Henry, Lauderdale, Marion, Morgan, Monroe, Marshall, Randolph, Sanford, Shelby, St. Clair, Walker, Washington and Winston shall each have one representative; the counties of Barbour, Bullock, Butler, Chambers, Greene, Hale, Jackson, Jefferson, Limestone, Lawrence, Lowndes, Lee, Vtacon, MareugD, Perry, Pickens, Pike, Russell, Sumter, Tall idega. Tallapoosa, Tuscaloosa and Wilcox shall have each two rep- resentatives; the county of Madison shall have three representatives; the counties of Dallas and Montgomery shall have each four representa- tives, and the county of Mobile shall bave five representatives. Sec. 7. Until the General Assembly shall divide the State into sena- torial districts as herein provided, the senatorial districts shall be as fol- lows : First district, Lauderdale and Limestone ; second district, Colbert and Lawrence; third district, Morgan, Winston and Blount ; fourth district, Madison; fifth district, Marshall, Jackson and' DeKalb; sixth district, Cherokee, Etowah and St. Clair; seventh district, Calhoun and Cle- burne; eighth district, Talladega and Clay; ninth district, Randolph and Chambers; tenth district, Macon and Tallapoosa; eleventh district, Bibb and Tuscaloosa; twelfth district, Franklin, Marion, Fayette and Sanford; thirteenth district. Walker, Jefferson and Shelby; fourteenth district, Greene and Pickens ; fifteenth district, Coosa, Elmore and Chil- ton; sixteenth district, Lowndes and Autauga; seventeenth district, Butler and Conecuh; eighteenth district, Perry; nineteenth district, Choctaw, Clarke and Washington; twentieth district, Marengo; twenty- first district, Monroe, Escambia and Baldwin; twenty-second district, Wilcox ; twenty-third district, Henry, Coffee, Dale and Geneva; twenty- fourth district, Barbour; twenty-fifth district, Pike, Crenshaw and Cov- ington; twenty-sixth district, Bullo(^; ; twenty-seventh district, Lee; twenty-eighth district, Montgomery; twenty ninth district, Russell; thirtieth district, Dallas ; thirty-first district, Sumter ; thirty-second dis- trict, Hale ; thirty-third district, Mobile. [xxx] AETICLE X. EXEMPTEli PROPERTY. Section 1. The persoual property of any resident of this State to the value of $1,000, to be selected by such resident, shall be exempted from «ale on execution, or other process of any court, issued for the collection of any debt contracted since the iSth day of July, 1868, or after the rati- fication of this constitution. Sec. 2. Every homestead, not exceeding eighty acres, and the dwell- ing and appurtenances thereon, to be selected by the owner thereof, and not in any city, town or village, or in lieu thereof, at the option of the owner, any lot in the city, town or village, with the dwelling and appur- tenances thereon, owned and occupied by any resident of this State, and not exceeding the vaiue of two thousand dollars, shall be exempted from sale on execution or any other process from a court, for a"y debt con- tracted since the 13th day of July, 18S8, or after the raniication of this constitution. Such exemption, however, shall not extend to any mortgage lawfully obtained, but such mortgage or other alienation of such home- stead, by the owner thereof, if a married man, shall not be valid without the voluntary signature and assent of the wife to the same. Sec. 3. The homestead of a family, after the death of the owner thereof, shall be exempt from the payment of any debts contracted since the 13th day of July, 1868, or after the ratification of this constitution, in all cases, during the minority of the children. Sec. 4. The provisions of sections one and two of this article shall not be so construed as to prevent a laborer's lien for work done and performed for the person claiming such exemption, or a mechanic's lien for work done on the premises. Sec. 5. If the owner of a homestead die, leaving a widow, but no children, such homestead shall be exempt, and the rents and profits thereof shall inure to her benefit. Sec. 6. The real and personal property of any female in this State, acquired before marriage, and all property, real and personal, to which she may afterwards be entitled by gift, grant, inheritance or devise, shall be and remain the separate estate and property of such female, and shall not be liable for any debts, obligations and engagements of her husband, and may be devised or bequeathed by her the same as if she were afemme sole. Sec. 7. The right of exemptions hereinbefore secured, may be waived by an instrument in writing, and when such waiver relates to realty, the instrument must be signed by both the husband and wife, and attesLed by one witness. ARTICLE XI. TAXATION. 9 Section 1. All taxes levied on property in this State shall be assessed in exact proportiou to the value of such property; Provided, however, the General Assembly may levy a poll tax, not to exceed one dollar and fifty cents on each poJl, which shall be applied exclusively in aid of the public school fund in the county so paying the same. [xxxi] Sec. 2. No power to levy taxes shall be delegated to individuals or private corporations. Sec. 3. After the ratification of this constitution, no new debt shall be created against or incurred by this State or its authority, except to repel invasion or suppress insurrection, and then only by a concurrence of two-thirds of the members of each house of the General Assembly, and the vote shall be taken by yeas and nays and entered on the jour- nals ; and any act creating or incurring any new debt against this State, except as herein provided for, shall be absolutely void ; Provided, the Governor may be autliorized to negotiate temporary loans, never to exceed $100 000, to meet deficiencies iu the treasury, and until the same is paid no new loan shall be negotiated. Provided further, that this sec- tion shall not be so construed as to prevent the issuance of bonds in adjustment of existing State indebtedness. Sec. 4. The General Assembly shall not have the power to levy, in any one year,., a^ greater rate of taxation than three-fourths of one per centum on the value of the taxable property within this State. Sec. 5. No county in this State shall be authorized to levy a larger rate of taxation, in any one year, on the value of the taxable property therein, than one-half of one per centum; Provided, that to pay debts existing at the ratification of this constitution, an additional rate of one- fourth of one per cent, may be levied and collected, which shall be exclusively appropriated to the payment of such debts or the interest thereon. Provided further, that to pay any debt or liability now exist- ing against any county incurred for the erection of the necessary public buildings or other ordinary county purposes, or that may hereafter be created for the erection of necessary public buildings or bridges, any county may levy and collect such special taxes as may have been or may hereafter be authorized by law, which taxes so levied and collected shall be applied exclusively to the purposes for which the same shall have been levied and collected. Sec. 6. The property of private corporations, associations and indi- viduals of this State, shall forever he taxed at the same rate; Provided, this section shall not apply to institutions or enterprises devoted exclu- sively to religious, educational or charitable purposes. Src. 7. No city, town or other municipal corporation other than pro- vided for in this article, shall levy or collect a larger rate of taxation, in any one year on the property thereof, than one-half of one per centum of the value of such property, as assessed for State taxation during the preceding: year; Provided, tha': for the paymen of debts existing at the time of the ratification of this constitution, and the interest thereon, an additional rate of one per centum ma'v be collected to be applied exclu- sively to such indebtedness; and provided, this section shall not apply to the city of Mobile, which city may, until the 1st day of January, 1879, levy a tax not to exceed the rate of one per centum, and from and after that time a tax not to exceed the rate of three-fourths of one per centum to pay the expenses of the city government, and may also, until the first day of January, 1879, levy a tax not toexcefd the rate of one per centum, and from and after that time a tax not to exceed the rate of three-fourths of one per centum to pay the existing indebtedness of said city and the interest thereon. [xxxii] Sec. 8. At the first session of the General Assembly after the ratifi- cation of this constitution, the salaries of the following officers shall be reduced at least 25 per centum, viz: Governor, Secretary of State, State Auditor, State Treasurer,- Attorney General, Superintendent of Educa- tion, Judges of the Supreme and Circuit Courts, and Chancellors. And after said reduction the General Assembly shall not have the power to increase the same, except by a vote of a majority of all the members elected to each house, taken by yeas and nays and entered on the jour- nals. Provided, this section shall not apply to any of said officers now in oflBce. Sec. 9. The General Assembly shall not have the power to require the counties or other municipal corporations to pay any charges which are now payable out of the State Treasury. ARTICLE XII. MILITIA. Section 1. All able bodied male inhabitants of this State, between the ages of 18 and 45 years, who are eitizpiis of the United States, or have declared their intention to become such citizens, shall be liable to military duty in the militia of the State. Sec. 2. The General Assembly in providing for the organization, equipment, and discipline of the militia, shall conform as nearly as prac- ticable to the regulations for the government of the armies of the United States. Sec. 3. Each company and regiment shall elect its own company and regimental officers; but if any company or regiment shall neglect to elect such officers within the time prescribed by law, they may be ap- pointed by the Governor. Sec. 4 Volutiteer organizations of infantry, cavalry and artillery may be formed in such manner and under such restrictions, and with such privileges as may be provided by law. Sec. 5. The militia and volunteer forces shall in all cases, except trea- son, felony and breach of the peace, be privileged from arrest during their attendance at musters, parades and elections, and in going to and returning from the same. Sec. 6. The Governor shall, except as otherwise provided herein, be commander-in-chief of the militia and volunteer forces of the State except when in the service of the United States, and shall, with the advice and consent of the Senate, appoint all general officers, whose term of office shall be for four years. The Governor, the generals, and regi- mental and battalion commanders shall appoint their own staffs, as may be provided by law. Sec. 7. The General Assembly shall provide for the safe keeping of the arms, ammunition and accoutrements, military records, banners and relics of the State. Sec. 8. The officers and men of the militia and voluiiteer forces shall not be entitled to or receive any pay, rations or emoluments when not in actual service. Jxxxiii] ARTICLE XIII. EDUCATION. Section 1. The General Assembly shall establish, organize and main- tain a system of public schools throughout the State, for the equal benefit of the children thereof, between the ages of 7 and 21 years ; but separate schools shall be provided for the children of citizens of African descent. Sec. 2. The principal of all funds arising from the sale or other dispo- sition of lands or other property which has been or may hereafter be granted or entrusted to this State, or given by the United States for edu- cational purposes, shall be preserved inviolate and undiminished ; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations. Sec. 3. All lands or other property given by individuals or appropri- ated by.the State for educational purposes, and all estates of deceased persons who die without. leaving a will or heir, shall be faithfully applied to the maintenance of the public schools. Sec. 4. The General Assembly shall also provide for the levying and collection of an annual poll tax, not to exceed one dollar and fity cents on each poll, which shall be applied to the support of the public schools in the counties in which it is levied and collected, Sfc. 5. The income arising frona the sixteenth section trust fund, the surplus revenue fund, until it is called for by the United States Govern- ment, and the funds enumerated in sections three and four of this article, with such other moneys to be not less than one hundred thousand dol- lars per annum, as the General Assembly shall provide by taxation or otherwise, shall be applied to the support and maintenance of the public schools, and it shall be the dhty of the General Assembly to increase, from time to time, the public school fund, as the condition of the treasury and the resources of the State will admit. Sec. 6, Not more than four per cent, of all moneys raised, or which may hereafter be appropriated for the support of public schools shall be used or expended otherwise than for the payment of teachers employed in such schools ; Provided. That the General Assembly may, by a vote of two-thirds of each house, suspend the operation of this section, Skc. 7, The supervision of the public schools shall be vested in a superintendent of education, whose powers, duties, term of oflfice and compensation shall be fixed by law. The superintendent of education shall be elected by the qualified voters of the State, in such manner and at such time as shall be provided by law. Sec, 8. No money raised for the support of the public schools of the State shall be appropriated to or used for the support of any sectarian or denominational school. Sec. 9, The State University, and the Agricultural and Mechanical College shall each be under the management and control of a Board of Trustees. The Board for the University shall consist of two members from the congressional district in which the University is located, and one from each of the other congressional districts in the State. The Board for the Agricultural and Mechanical College shall consist of two members from the congressional district in which the college is located, and one from each of the other congressional districts in the State, Said trustees shall be appointed by the Governor, by and with the advice and consent of the Senate, and shall hold office for a term of six years, and until their successors shall be appointed and qualified. After the first appointment each board shall be divided into three classes, as nearly equal as may be. The seats of the first class shall be vacated at the ex- piration of two years, and those of the second class in four years, and those of the third class at the end of six years from the date of appoint- ment, so that one-third may be chosen biennially. No trustee shall re- ceive any pay or emolument other than his actual expenses incurred in the discharge of his duties as such. The Governor shall be ex officio President, and the Superintendent of Education ex officio a member of each of said Boards of Trustees. Sec. 10. ' The General Assembly shall have no power to change the location of the State University, or the Agricultural and Mechanical College, as now established by law, except upon a vote of two-thirds of the members of the General Assembly, taken by yeas and nays and en- tered upon the journals. Sec. 11. The provisions of this article, and of any act of the General Assembly passed in pursuance thereof, to establish, organize and main- tain a system of public schools throughout the State, shall apply to Mo- bile county only so far as to authorize and require the authorities desig- nated by law to draw the portion of the funds to which said county will be entitled for school purposes, and to make reports to the Superin- tendent of Education as may be prescribed by law. And all special in- comes and powers of taxation as now authorized by law for the benefit of public schools in said county, shall remain undisturbed until other- wise provided by the General Assembly ; Provided. That separate schools for each race shall always be maintained by said school authorities. AETICLE XIV. COKPOBATIONS— PRIVATE CORPOKATIONS. Section 1. Corporations may be formed under general laws, but shall not be created by special act, except for municipal, manufacturing, min- ing, immigration, indu:*trial and educational purposes, or for construct- ing canals, or improving navigable rivers and harbors of this State, and in cases where, in the judgment of the General Assembly, the objects of the corporation can not be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered, amended or repealed. Sfc. 2. All existing charters, or grants of special or exclusive privi- leges, under which a 6o?^a^d6 organization shall not have taken place and business been commenced in good faith, at the time of the ratifica- tion of this constitution, shall thereafter have no validity. Sec. 3. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any general or special law for the benefit of such corporation, other than in executipn of a trust created by law or by contract; except upon % [xxxv] the condition that such corporation shall thereafter hold its charter sub- ject to the provisions of this constitution. Sao. 4. No foreign corporation shall do any business in this State without having at least one known place of business, ana an authorized agent or agents therein, and such corpor ^tion may be sued in any county where it does business, by service of process upon an agent anywhere in this State. Sec. 5. No corporation shall engage in any business other than that expressly authorized in its charter. Sec. 6. No corporation shall issue stock or bonds, except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased, except in pursuance of general laws, nor without the consent of the persons holding the larger amount in value of stock, first obtained at a meeting to be held after thirty days notice given in pursuance of law. Sec. 7. Municipal and other corporations and individuals, invested with the privilege of taking private property for public use, shal) make just compensation for the property taken, injured, or destroyed by the construction or enlargement of its works, highways or improvements, which compensation shall be paid before such taking, injury or destruc- tion. The General Assembly is hereby prohibited from depriving any person of an appeal from any preliminary assessment of damages against any such corportions or individuals made by viewers or other- wise; and the amount of such damages in all cashes of appeal shall, on the demand uf either party, be determined by a jury according to law. Sec. 8. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her. Skc. 9. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation. Sec. 10. The General Assembly shall have the power to alter, revoke or amend any charter of incorporation now existing, and revokable at the ratification of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the State, in such manner, hoAvever, that no injustice shall be done to the corpora- tors. No law hereafter enactei shall create, renew or extend the charter of more than one corporation. Sec. 11. Any as^sociation or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and connect the same with other lines, and the General Assembly shall, by general law of uniform operation, pro- vide reasonable regulations to give full etfeet to this section. No tele- graph company shall consolidate with, or hold a controlling interest in the stock or bonds of any other telegraph company owning a competing line, or acquire, by purchase, or otherwise, any other competing line of telegraph. Sec. 12. All corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons. [xxxvi] Seo. 13. The term corporation, as used in this article, shall be con- strued to include ail joint stock companies, or any associations having any of the powers or privileges of corporations, not possessed by indi- viduals or partnerships. BANKS AND BANKING. Sec. 14. The General Assembly shall not have the power to establish or incorporate any bank, or banking company, or monied institution for the purpose of issuing bills of credit, or bills payable to order or bearer, excepc under the conditions prescribed in this constitution. Sec. 15. No bank shall be established otherwise than under a general banking law, nor otherwise than upon a specie basis. Sec. 16. All bills, or notes issued as money, shall be, at all times, redeemable in gold or silver, and no law shall be passed sanctioning, directly or indirectly, the suspension, by any bank or banking company, of specie payment. Sec. 17. Holders of bank notes, and depositors, who have not stipu- lated for interest, shall, for such notes and deposits, fee entitled, in case of insolvency, to the preference of payment over all other creditors. Sec. 18. iCvery bank or banking company shall be required to cease all banking operations within twenty years from the time of its organi- zation, unless the General Assembly shall extend the time, and promptly thereafter close its business ; but shall have corporate capacity to sue^ and shall be liable to suit, until its affairs and liabilities are fully closed. Sec. 19. No bank shall receive directly or iudireotly, a greater rate of interest than shall be allowed by law to individuals for lending money. Sec. 20. The State shall not be a stockholder in any bank, nor shall the credit of tbe State ever be given, or loaned, to any banking com- pany, association, or corporation. RAIIiROADS AND CANALS. Sec. 21. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any associa- tion or corporation, organized for the purpose shall have the right to con- struct and operate a railroad between any points in this State, and to connect, at the State line, with railroads of other States. Every rail- road company shall have the right wi?th its road to intersect, connect with, or cross any other railroad, and shall receive and transport, each, the other's freight, passengers, and cars, loaded or empty, without delay or discrimination. Sec. 22. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freights and passenger tariffs on railroads, canals and rivers in this State. Sec. 23. No railroad or other transportation company shall grant free passes, or sell tickets or passes at a discount, other than as sold to the public generally, to any member of the General Assembly, or to any per- son holding office under this State or the United States. Sec. 24. No street passenger railway shall be constructed within the limits of any city or town, without the consent of its local authorities. Sec. 25. No railroad, canal, or other transportation company, in ex- [xxxvii] istence At the time of the ratification of this constitutioa, shall have the benefit of any future legislation by general or special laws, other than in execution of a trust created by law or by contract, except on the condi- tion of complete acceptance of all the provisions of this article. ARTICLE XV. OATH OF OFFICE. Section 1. All members of the General Assembly, and all oflQcers, executive and judicial, before they enter upon the execution of the du- ties of their respective offices, shall take the following oath or affirma- tion, to-wit: "I, , solemnly swear [or affirm, as the case may be,] that I will support the Constitution of the United States, and the Constitution of the State of Alabama, so long as I continue a citizen thereof; and that I will faithfully and honestly discharge the duties of the office upon which I am about to enter, to the be^^t of my ability, so help me God." Which oath may be administered by the presiding officer of either House of the General Assembly, or any officer authorized by law to ad- nainister an oath. ARTICLE XVI. MISCEIiLANEOUS PROVISIONS. Section 1. No person holding an office of profit under the United States, except postmasters whose annual salary does not exceed two hundred dollars, shall, during his continuance in such office, hold any office of profit under this State ; nor shall any person hold two offices of profit at one and the same time under this State, except justices of the peace, constables, notaries public and commissioners of deeds. Sec. 2. It js made the duty of the General Assembly to enact all laws necessary to give eflFect to the provisions of this constitution. ARTICLE XVII. MODE OF AMENDING THE CONSTITUTION. Section 1. The General Assembly may, whenever two-thirds of each House shall deem it necessary, propose amendments to this constitution, which, having been read on three several days, in each House, shall be duly published, in such manner as the General Assembly may direct, at least three months before the next general election for Representatives, for the consideration of tbe people ; and it shall be the duty of the sev- eral returning officers, at the next general election which shall be heM for Representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the Secretary of State ; and if it shall thereupon appear that a majority of all the qualified electors of the State, who voted at such election, voted in favor of the proposed amendments, said amendments shall be valid to all intents and purposes as parts of this constitution, and the re- sult of such election shall be made known by proclamation of the Gov- ernor. [[xxxviii] Sec. 2. No convention shall hereafter be held for the purpose of alter- ing or amending the constitution of this State, unless the question of convention or no convention shall be first submitted to a vote of all the electors of the State and approved by a majority of those voting \xi said election. SCHEDULE. In order that no injury or inconvenience may arise from the altera- tions and amendments made by this Constitution to the existing Consti- tution of this State, and to carry this Constitution into effect, it is hereby ordained and declared — 1. That all laws in force at the ratification of this Constitution, and not inconsistent therewith, shall remain in full force, until altered or re- pealed by the General Assembly ; and all rights, actions, prosecutions, claims and contracts of this State, counties, individuals or bodies corpor- ate, not inconsistent with this Constitution, shall continue to be as valid as if this Constitution had not ^ een ratified. 2. That all bonds executed by or to any officer of this State, all recog- nizances, obligations, and all other instruments executed to this State, or any subdivision or municipality thereof, before the ratification of this Constitution, and all fines, taxes, penalties and forfeitures due and ow- ing to this State, or any subdivision, or to any municipality thereof; and all writs, suits, prosecutions, claims and causes of action, except as herein otherwise provided, shall continue and remain unaffected by the ratification of this Constitution. All indictments which may have been found, or which may hereafter be found, for any crime or offense com- mitted before the ratification of this Constitution, shall be proceeded upon in the same manner as if this Constitution had not been ratified. 3. That all the executive and judicial officers, and all other officers in this Slate, who shall have been elected at the election held in this State, on third day of November, eighteen hundred and seventy-four, or who may have been appointed since that time, and all members of the pi'esent General Assembly and all that may hereafter be elected members of the present General Assembly, and all other officers holding office at the time of the ratification of this Constitution, except such as hold office under any act of the General Assembly, shall continue in office and ex- ercise the duties thereof until their respective terms shall expire, as pro- vided by the present Constitution and laws of this State. 4. This Constitution shall be submitted to the qualified electors of this State for ratification or rejection, as authorized and required by an act of the General Assembly of this State, entitled "An act to provide for the calling of a Convention to revise and amend the Constitution of this State," approved nineteenth day of March, A. D., eighteen hundred and seventy -five. 5. If at said election the said Constitution shall be found to have been ratified by a majority of all the qualified electors voting at said election, the said new Constitution, so ratified, shall go into effect as the new Con- stitution of the State of Alabama within the time stated in the procla- mation of the Governor, and shall thereafter be binding and obligatory as such upon all the people of this State, according to the provisions of [xxxix] said act, approved nineteenth day of March, eighteen hundred and seventy-five. 6. That instead of the publication as required by section twelve of said act, the Governor of the State is hereby authorized to take such steps as will give general publicity and circulation to this Constitution in as economical manner as practicable. 7. That all laws requiring an enumera'ion of the inhabitants of this State during the year eighteen and seventy-five, are hereby avoided. 8. That the Board of Education of this State is hereby abolished. 9. The salaries of the Executive and Judicial and all other officers of this State who may be holding office at the time of the ratification of this Constitution, and the pay of the present members of the General Assembly shall not be afltected by the provisions of this Constitution. 1^ LEROY POPE WALKER, President. HAND BOOK OF ALABAMA. Part First. Origin of the name, ALABAMA — Geography; and Historical Chronology of the State; with an account of the Indians once living here. IS AWE OF ALABAMA. The STATE of Alabama derived its name from the great river Alabama, which drains its centre. The river took its name from the Alahamas, an early tribe of Indians who once lived upon its banks, at or near the site of the present city of Montgomery. From what the tribe derived its name, or the meaning thereof, is not knotni.* GEOGEAPHY OF ALABAMA. General Boundaries of Alabama. — The general boundaries of Alabama are as follows : Beginning at the point where the Slst parallel of north latitude crosses the Perdido Eiver, thence east to the western boundary line of Georgia, thence northerly along said line to the southern boundary of Tennessee, thence west along the southern boundary line of Tennessee, crossing the Tennessee Eiver, and on to the second intersection of that river by said line, *The popular idea of the origin of tlie name, Alabama, and the meaning of the word. Here We Rest, took its rise in a pretty legend connected with this tribe of In- dians. It is said, they were expelled from Northern Mexico during the rude assaults upon that kingdom by Cortex;, and In their wanderings in search of other homes, crossed a noble river, now the Alabama, when one of their chieftains, impressed with the beauty of the new-found country, and the seem-ity which the mighty stream flowing behind him afforded against pursutne enemies, struck his spear in the ground beneath the shade of a magnificent oak, and exclaimed, Alabama f that is to say, Here We Best ; and fi-om this incident, it is generally belisfved the tribe was there- after known as the Alabamas. The old seal of the State (a skeleton map of Alabama, suspended on a tree) , and which continued to be the seal until changed in 1868, was evidently designed to perpetuate this supposed incident. thence up that river to the mouth of Big Bear Creek, thence by a direct line to the north-west corner of Washington county in this State as originally formed, thence southerly along the line of Mis- sissippi to the Gulf of Mexico, thence eastwardly, including all islands within six leagues of the shore, to the Perdido Eiver, thence* up that river to the place of beginning. Boundary Between Alabama and Georgia.— The west bank of the Chattahoochee Eiver to the point on Miller's Bend next above the mouth of TJchee Creek, thence in a direct line to NickaJack. Boundary Between Alabama and Florida.— The "Mound" or "Ellicott" line, blazed all the way from near Irwin's Mills on the Chattahoochee Eiver to the Perdido, and further designated by mounds of earth one mile apart. Latitude and Longitude of Alabama.— Alabama lies be- tween latitude 30^ 10' and 35° N.; and longitude 84°, 53' and 88° 30' W. Area of Alabama.— Square miles, 50,722; acres, 32,462,080. Population of Alabama. — The population of Alabama, by the Federal census of 1870, was 996,992. Islands of Alabama. — These are four in number, and lie in the Gulf of Mexico near the entrance to Mobile Bay. They are : Dauphin, Petit Bois, Mon Louis, and Turtle Back Islands. Sea Coast of Alabama. — Alabama has only about sixty miles of sea coast, extending from the Perdido River to the Missis- sippi line ; a large portion of the southern boundary of the State being cut off from the Gulf of Mexico by an intervening strip of Florida.* Mountain Ranges and General Topography of Ala- bama. — The Alleghany Mountains exhaust themselves in North- eastern Alabama, rendering that portion of the State's surface uneven and broken, although the elevation is nowhere very great. The range extends wi'st, with a slight bend to the south, and forms the dividing line between the waters of the Tennessee Eiver and the other rivers of Alabama. The former emptying into the Ohio at Paducah, and all the latter ultimately flowing southward into the Gulf of Mexico. From this range the face of the country slopes to the south, and is somewhat uneven as far as the centre of the State, where begin the rolling prairies, pine barrens and fertile alli^vial bottoms. The extreme southern por- tion is flat, and but slightly elevated above the level of the Gulf. ♦Efforts have beeu made to annex this strip to Alabama, but so far without success. A Commission was at one time appointed to treajt with riorida on the subject. Ala- bama proposed to pay $1,000,000 for it. Rivers of Alabama. Alabama, Apalacha, Black Warrior, Buttahatchee, Cahaba, Chattahoochee, Chattooga, Ohoctawhatchee, Conecuh, Coosa, East B'h Choctawhatchee,/ Bast B'h Fish, Elk, Escambia, Flint— 1, Flint— 2, Little, Little Cahaba, Little Tallapoosa, Little Tombigbee, Locust Fork Bl'k Warrior, Looxapalila, Middle, Mobile, Nepulgah, North, North B'h Fish, Paint Eock, Patsaliga, Pea, Perdido, Sipsey, Spanish, Tallapoosa, Tennessee, Tensaw, Tombigbee, West B'h Choctawhatchee. Cities and Principal To^rns of Alabama.'*' NAME. • POPULATION. Mobile 32,034 Montgomery! 10,588 Selma 6,484 HuntsvUle 4,907 Eufaula 3,185 Greenville 2,856 Marion 2,646 Opelika • 2,500 Florence 2,003 Talladega.. 1,933 Grantville 1,761 Greensboro 1,760 Tuscaloosa 1,689 Demopolis 1,539 Union Springs 1,455 Uniontown 1,444 LaFayette 1,382 Prattville 1,346 Tuscumbia 1,214 Birmingham 1,200 Wetumpka 1,137 Auburn- 1,088 Troy 1,058 ♦Arranged according to population. Figures taken from Federal census of 1870, and no place given having population less tlian 1,000. tCapital. 4 HISTOEIOAL CHEOl^OLOGY OF ALABAMA. The History of Alabama, although not abounding in those glowing events which ordinarily contribute to the interest of his- tory — such as wars, political revolutions, battles, seiges, etc., etc., has, nevertheless, many important and striking incidents which deserve attention from the pen of the chronicler. In a work of the limits and character of the present, however, nothing more than a bare outline of such events can be given, and those seek- ing fuller information are referred to the several histories of Ala- bama, mention of which is made Elsewhere in this book. Below are given the dates, in order of time, of the most important events in the State's history : 1540— July 2. The territory of what is now the State of Alabama, ei*,- tered byDeSoto, the Spanish adventurer, while searching for gold.* 1540— October 18. DeSoto fought the great battle of Maubila, or Mauvila, with the tribe of Indians subsequently known as the Mobilians.f 1540 — November 29 DeSoto passed out of Alabama into Mississippi, where is now the modern county of Lowndes, Mississippi.^ 1699 — January 31. The French, under Iberville and Bienville, while sailing in search of the mouth of Ahe Mississippi River, discover Massacre, afterwards Dauphin Island.? ||. 1702 — January. Bienville established a settlement on Massacre Island. _J! *DeSoto, with about 1,000 Cavaliers, splendidly armed and equipped, landed on the west coast of Florida, May 30tli, 1539, and marching through Florida and Georgia to Northeastern Georgia, crossed over that State and entered Alabama in what is now Cherokee County. From there, he marched in a southerly direction through Alabama to within one hundred miles of the Gulf Coast, and thence westwardly to the Missis- sippi River, which he discovered in May, 1541. Of course, it will be borne in mind that, inDeSoto's time, all the States mentioned were mere wilds, uninhabited except by Indians, and called by one general name— Florida. For a full account of DeSoto's march see Pickett's History of Alabama, vol. 1, chapter 1. fPickett, in his History of Alabama, vol. 1, p. 27, locates the site of this battle, which is said by Bancroft to have been one of the bloodiest Indian battles ever fought on the soil of the United States, at what is now Choctaw Bluff, Clarke County, on the Alabama River, about twenty-flve mUes above its confluence with the Tombigbee. The result of the battle was very disastrous to DeSoto, and although victorious, his . army became badly demoralized, and never recovered from its effects. DeSoto lost, in killed, eighty-two of his Cavaliers, and killed 6,000 Indians. JDeSoto died on the Mississippi in May, 1542, of a malignant fever contracted in its s-pr^amps, and was buried in the middle of the river, on a dark, stoi-my night to prevent Indian desecration of his remains. §Previous to this, in AprU, 1682, LaSalle, a gifted young Frenchman residing in French Canada, had, with a few daring companions, descended the Mississippi from near its headwaters to the mouth, and there, upon a small, marshy elevation, in full view of the sea, taken formal possession of the country in the name of his, King- Louis XIV, the then reigning sovereign of France, and in whose honor the territoi-y was namea ioMMiana. LaSalle could never afterwards find the mouth from the sea. Iberviae and BienVille found it ahortly after passing Massacre Island. II The French gave the name of Magsaore f,o the island from the quantity of human bones discovered.onits surface. 5 1702— January. Bienville establi8hed the original site of Mobile, on Mo- bile Bay, at the mouth of Dog Kiver, and built there Fort St. Louis de la Mobile."*- f 1711 — March. Bienville established the present site of the city of Mo- bile.J 1711— October. A pirate ship from Jamaica debarked on Massacre Island and pluYidered its inhabitants. 1714— June. Fort Toulouse built by Bienville near the site of the present city of Tubkegee, Ala.^ 1719 — August 19, A (Spanish squadron bombarded the French on Mas- sacre Island, but were repulsed. |j 1720— December. The capital of the Louisiana Colony transferred from Mobiie to Biloxi, Miss. 1721 — March 17. First African slaves landed at Mobile.** 1735 . Fort Tombecbe established by Bienville on the Little Tom- bigbee River, at what is now Jones' Bluff. 1743 — May. . Bienville, who, lor more than forty-six years had been Gov- ernor of tne Louisiana Colony, resigned and returned to France. 1763 — February 18. France ceded to Fnglaud all the soil of the Louis- iana Colony east of the Mississippi, and embracing the settlement at Mobile. 1780— March 14. Fort Charlotte— originally Fort Conde— and the Mo- bile settlement taken from the Flnglish by Don Galvez, the Span- ish Commander, ft 1782 — November 30. On the treaty of peace between England and the United States, the former relinquished to the latter her claim to the soil east of the Mississippi, and north of latitude 31°. J J *Mobile City took its name from Mobile Bay, and tlie Bay received its name from a tribe of Indians once living upon its shores. These were the Indians wbo so heroically fought DeSoto at MuubUa in 1540, the remnant of whom, surviving that sanguinai-y battle, were found here by the early French, and by them called JfobiWans— probably a French transformation of the word Maubila. fThe seat of Government of the Louisiana Colony, .which, at that time, in- cluded the soil of the present States of Mississippi and Alabama, was fixed here by Bienville in 1702, and continued until 1711. tThe lower settlement at the mouth of Dog Kiver, being subject to inundation, Bienville resolved to remove his capital to more elevated ground, and did so, to the spot where the city of Mobile now stands. Here he built another fort, of wood, which in a few years gave place to the extensive brick fortress. Fort Conde of the French, and Fort Charlotte of the English. The French caUed it Conde, In honor of the French nobleman of that name ; and the English called it Charlotte, to honor theii' young Queen consort., at the time they became possessed of it. §For the very interesting history connected with this old Fort, consult Pickett's History of Alabama, vol. 1, p. 221. IIFrance and Spain were then at war. **These were a cargo of 120, and they were sold to the Colonists at an average of $176 each, to be paid for in tobacco or rice, in three annual installments. They were the first slaves introduced into the Louisiana Colony, but theu- arrival was rapidly fol- lowed by others . tfSpain and England were then at war. tJNotwithstanding this cession on the part of England, Spain continued to assert a title to all the territory east of the Mississippi, west of Georgia and south of latitude 32° 28\ claiming It by virtue of her victory over the English at Mobile, in 1780. i^^S— Octobei* 27. Spain relinquished to the United States her claim t6 the territory east of the Mississippi and north of latitude 31°. * 1799 — September. Cax)t. Ellicott, an English Engineer Officer, com- pleted the running of his famous boundary line along the 31st par- allel of north latitude from the Mississippi to the Chattahoochee River, f ^ 1802— April 24. Geoi'gia relinquished to the United States her claim to the control of the country out of which ultimately grew the States of Alabama and Mississippi. J 1807 — February 19. Aaron Burr arrested in what is now Washington County, Alabama. § 1807 — December. St. Stephens laid off in town lots, and a road cut from there to Natchez, Miss. 1813 — April. The settlement at Mobile and the part of Alabama south of latitude 31°, relinquished by Spain to the United States. 1813 — July. Bloody war commenced between the Creek Indians, and the white settlers of Georgia and what is now Alabama. 1813— July 27, Battle of Burnt Corn fought. || 1813— August 30. Fort Mims' Massacre. ** 1813 — October. Gen. Andrew Jackson marched from Tennessee into what is now Alabama with 2,000 Tennesseans, to avenge the massa- cre at Fort Mims. 1813 — November. Jacisson routed the Creeks with great slaughter at the battle of Talladega. 1813— November 12. Celebrated canoe fight on the Alabama River near Claiborne, ft 1814 — March 27. Jackson drove the Creeks from their fortifications on the Horse Shoe Bend of the Tallapoosa River, in the modern county of Tallapoosa, Ala., killing a great number and virtually ending the war. * Spain reserved at the time of this cession, the strip of the now State of Ala- bama, south of the tliirty-first parallel of north latitude, and continued to hold the settlement at Mobile until 1813. t This line is known as the "Ellicott" line, and at present, for the most part marks the southern boundary of Alabama. Owing to the duplicity of the Spaniards, Capt. Ellicott was three years running the line. t The money consideration for this suiTender was $1,250,000. § Burr was endeavoring to make his escape to Pensacola, where he expected to leave the country. He was arrested by Capt. Gaines, and confined in Tort Stoddard, until taken to Washington, D. C. II This was the first in the long and terrible Creek war that followed, and its site was in the northern portion of what is now Conecuh County, Ala. ** For a detailed account of this horrible butchery of men, women and children, see Pickett's History of Alabama, vol. 2, p. 264, etseq. Of the 553 souls in the Fort, less than fifty escaped the fury of the savage Creeks. Fort Mims, a square stockade enclosing about an acre, was located in the northern part of what is now Baldwin County, Ala. , about one mile to the east of the Alabama River, and two below the Cut-off. ft In this fight Jerry Austill, Sam Dale, and James Smith were paddled In a frail canoe by a negro named Caasar, to the middle of the river, where they attacked and . killed nine of eleven athletic Creek Indians, in another canoe; the two, who fescaped, sprang into the river at the beginning of the fight and swam ashore. No one of Aus- tin's party was seriously injured. jl814--^April. Fort Jackson established by Gen. Jackson on the site of Bienville's old Fort Toulouse. 1814 — August 19. Treaty of peace concluded at Fort Jackson between Gen. Jackson and the Creeks. * 1814 — September 15. British sea and land attack on Fort Bowyer re- pulsed by a portion of Jackson's command, f 1815 — February 13. Fort Bowyer surrendered to the British. 1815 — April 1. The British evacuate Mobile Point and Dauphin Island, pursuant to the treaty of Ghent. 1817 — March 1. Alabama territory carved out of Mississippi territory, with St. Stephens as the seat of government, and Wm. W. Bibb, Territorial Governor. 1818 — January 19. First Alabama Territorial Legislature convened at St. Stephens. 1818 — July. French refugees found Demopolis. 1818— November. Second and last Territorial Legislature assembled at St. Stephens. 1819— March 2. Congress authorized the people of Alabama Territory to form a State government. 1819— May 3. Election for delegates to frame a Constitution for tht? State of Alabama. J 1819 — July 5. Convention to frame a Constitution for the State of Ala- bama, assembled at Huntsville. 1819— August 2. Constitutional Convention concluded its labors and ad- journedw 1819 — September 20. First general election in Alabama under the new Constitution, for Governor and members of the Legislature. ^ 1819 — October 25. First State Legislature assembled at Huntsville. . 1819 — November 9. Wm. W. Bibb inaugurated first Governor of the State of Alabama. 1819 — December 14. Joint resolution of Congress admitting the State of ■^ Alabama into the Union. 1819— December 18. Act of the General Assembly approved, to establish the University of Alabama. 1820 — May 8. First term of the Supreme Court of the State of Alabama held at Cahaba. || 1820 — October 23. Second State Legislature assembled at Cahaba. 1820 — December 18. Supplementary University Act approved. 1820— December 21. State Bank chartered and located at Cahaba, the seat of Government. Capital $2,000,000 1825 — April 3. Gen. Lafayette visited Montgomery. * Tlie Creeks liad, at this time, been terribly punlsbed, and the Port Mima Mas- sacre fearfully avenged by Jackson and others, and they were glad to sue for peace. t This old fort was located on Mobile Point, and was built in 1813. Fort Mor- gan now occupies its site. The attack mentioned was dui-ing the war of 1812. X Voting contiuued for two days— May 3d and 4th. § The voting was continued for two days— September 20th and 21st. II Cahaba became the seat of the State Government in 1820, by vu'tue of Art. m, sec. 29, of the Constitution of 1819. \ 1826— state Capital and archives removed from Cahaba to Tuscaloosa. 1828— Work on the original University buildings begun at Marrs Spring, one and a quarter miles east of Tuscaloosa Court-house. 1831 — April 17. University of Alabama opened to students. 1832 — January 13. Tuseumbia, Courtland, and Decatur Railroad incor- porated — the first constructed in the State. 1832 — January 14. Act of the General Assembly approved, organizing the Supreme Court of Alabama, as now constituted. 1832 — January 21, Montgomery branch of the State bank incorporated with a capital of $800,000. 1832 — November 16. Decatur branch of the State Bank incorporated with a capital of $1,000,000. 1832— December 14. Mobile branch of the State Bank incorporated with a capital of $2,000,000. 1837 — Great financial revulsion in Alabama, and in the United States, generally. 1839 — January 26. Alabama Penitentiary incorporated. 1839— August. Great drouth throughout Alabama and the entire South, beginning about the first of this month and continuing until the end of January of the next year. 1842— February 8. Alabama Penitentiary opened for the receptioa of convicts, and the penal code adapted to penitentiary punishments became operative. 1846— January 28. General Assembly, by joint vote, selected Montgom- ery as the future site of the State Capital.* 1846 — February 4. Act of the General Assembly approved, placing the State Bank and its branches in process of liquidation. 1847 — November 2. Original capitol building at Montgomery completed and turned over to Commissioners appointed by the State to re- ceive it. 1847 — December 6. General Assembly for the first time met in the new capitol at Montgomery. "^ 1849 — December 14. Capitol at Montgomery destroyed by fire.f 1849— December 17. Gov. Collier inaugurated in the Montgomery Meth- odist Church, the capitol having been burned three days before. 1850— January. The work of rebuiiding the capitol at Montgomery commenced. J 1851 — November. Present capitol at Montgomery completed. 1852 — February 6. Alabama Insane Hospital incorporated. *A popular vote had been previously taken on the question of removing the seat of government from Tuscaloosa to some other more accessible and central point, and the proposition was carried. When the Legislature balloted for the new site the competing cities were Mobile, Montgomery, Selma, HuntsvUle, Tuscaloosa, Marlon, Wetumpka, and Statesville. Montgomery was chosen on the sixteenth ballot, when the vote stood: Montgomery 68, Tuscaloosa 39, Selma 11, Wetumpka 9, MobUe 3, fit was never definitively ascertained how the fli-e originated, some supposing it accidental and some thlnldng it the work of an Incendiary. The flames were fli-st dis- covered issuing from the roof of the Kepresentatlve Hall, about 1:15 p. m., and while both Houses were in session. The fire burned rapidly and in less than three hours the building was in ruins. Most of the archives were saved. |The present capitol occupies the site of the original buUding. .9 1854— February 17. First Legislative enactment establishing a system of free public schools in Alabama. 1856 — February 18. Important supplementary act to establish free schools in Alabama. 1860— January 27. The State Institution at Talladega, for the instruction of the deaf and dumb, and the blind, incorporated. 1860— February 24. General Assembly adopted a joint resolution re- quiring the Governor to order a general election for delegates to a State Convention in the event of the elevation of Abraham Lin- coln to the Presidency of the United States, 1860 — December 24— General election for delegates to a State Convention under the call of Gov. Moore, pursuant to the above joint resolu- tion. <• 1861 — January 7. State Convention assembled at Montgomery to take action in viewof the election of Abraham Lincoln.* 1861— January 11. Ordinance of Secession adopted. f 1861 — January 12 Alabama Senators and Representatives in Congress withdraw in a body on hearing of the adoption of the Ordinance of Secession. 1861 — February 4. Delegates from six seceding States, comprising a Provisional Congress, assembled at Montgomery to organize the Government of the Confederate States. 1861 — February 18. Jefferson Davis inaugurated, at Montgomery, first President of the Confederate States. 1861 — March 21. State Convention adjourned, first having ratified the Constitution of the Confederate States, which had been submitted for such action. 1861 — April 15. First patient admitted to the Alabama Insane Hospital. 1864— August 5. Farragut's fleet entered Mobile Bay and encountered the Confederate war vessels. J 1864— August 7. Fort Gaines capitulated to Farragut. 1864 — August 23. Fort Morgan capitulated to Farragut. 1865 — April 2. Selma stormed and captured by Wilson. University buildings at Tuscaloosa burned by Croxton. Spanish fort abandoned to Canby. Confederate defenses at Blakely stormed and taken by 1865- -April 4. 1865- -April 8. 1865- -April 9. Canby. 1865- -April 12. 1865- -April 12, Mobile occupied by Federal troops. Montgomery occupied by Wilson. 1865— June 21. President Johnson, by proclamation, appointed Lewis E. Parsons Provisional Governor of Alabama. *This was known as the Secession ConTention.- tGov. Moore prior to, but in anticipation of tlie adoption of this ordinance, seized Forts Morgan and Gaines, and Mt. Vernon Arsenal, in Alabama, andsenttroops to Pensacola to co-operate in the seizure of the Navy Yard and forts at that point. Jin the naval engagement which ensued, the Confederate fleet made a gallant resistance but was forced to succumb to Farragut' s superior strength. It was in this battle that the United States Monitor, Tecumseh, was sunk by a torpedo, and can-ied down over 300 men, whose bones now lie entombed within the heavy iron casing of the wreck. 10 1865— July 20. Gov. Parsons, by proclamation, ordered a general elec- tion throughout Alabama for delegates to a State Convention, called by him to assemble at Montgomery, Sept. 12, 1865. 1865 — August 31. General election for delegates, pursua"nt to Gov. Par- sons' proclamation. 1865— September 12. Constitutional Convention assembled at Montgom- ery. 1865— September 30. Constitutional Convention adjourned. * 1865 — November 6. Election for State officers and members of the Gen- eral Assembly— first after the war. 1865— November 20.— General Assembly convened at Montgomery — first after the war. 1865— December 13. Gov. Patton inaugurated. 1865— December 20. State Government turned over to Gov. Patton by Gov. Parsons. 1867— January. New University buildings begun at Tuscaloosa. 1867 — March 2. Congress passed the Reconstiuction Act remanding the State to a semi-territorial condition and subjecting it to military rule, t 1867 — March 23. Supplementary Act of Congress passed, prescribing the method by which the State might frame a new Constitution and apply for admission into the Union. 1867 — November 5. Reconstruction Convention assembled at Montgom- ery. X 1868 — February 4. Question of the adoption of the Constitution, framed by the Reconstruction Convention, voted on by the people. 1868r-July 13. Wm. H. Smith, first Governor of the Reconstructed State, inaugurated. 1868 — July. New University buildings at Tuscaloosa completed. 1869 — April. New University buildings opened to students. 1870 — November 8. Robert B. Lindsey elected Governor of Alabama. § 1870— November 26. Gov. Lindsey inaugurated. 1874 — November 24. George 8. Houston inaugurated Governor of Ala- bama. II 1875 — March 19. Act of the General Assembly approved, calling a Con- vention to revise and remodel the Constitution of the State. 1875 — August 3. General election for delegates to the State Convention of this year. 1875 — September 6. State Convention assembled at Montgomery. * Before adjourning, the Convention made sucli changes in the organic law of the State as were demanded by the new order of things, and called a general election for Governor, other State officers, and members of the General Assembly. t It will be remembered that Congress refused to recognize the State Govern- m.ent established by President Johnson. X This is known also as the Bayonet Convention. § This date is inserted because it marks an important event in the State's his- tory — i. e., the success, for the time being, of the Democratic and Conservative i'arty. II This date is inserted for the reason that, with the inauguration of Governor Houston, came the beginning of th()se reforms in the administration of the State Gov- ernment which have been since so vigorously and successfully prosecuted. 187S— October 2. State Conventioa adjourned, after adopting the present Constitution of Alabama, and submitting it to tlie people for ratifi- cation or rejection. 1875 — November 16. The Constitution of 1875 ratified by the people at a general election held on this day. lE^DIANS OF ALABAMA. The Indian tribes found in Alabama- by the first French and English settlers, and remaining here until removed to their West- ern reservations, were : The Muscogees, or Creeks, called Greeks by the English from the number of beautiful streams flowing through their vast country. This was the most extensive of the Alabama tribes, and, in time, absorbed a great number of lesser ones, including the once powerful Alahamas^ from whom the river and State of Alabama took their name. Removed to the West in 1837. The Ohoctaws, to whom the English gave the name of Flat-heads, from their habit of flattening the foreheads of their infants by a process of compression. What was left of the Mo- bilians by DeSoto, eventually became incorporated with this tribe. The Ohoctaws were removed to the West in 1830. The Ohickasaws, one of tie most war-like, fierce and powerful tribes in North America. Eemoved to the West in 1834. The Oherokees, from Chera, Jire — their Prophets being called Oherataghge, that is, men of divine fire. Eemoved to the West in 1836.* *Tliere were many otlier small tribes in Alabama, but, in tbe course of time, they all became absorbed in one or the other of these four great ones . Part Second. Government of Alabama— Its State and County Organization — Po- litical Divisions — and Laws Relating to Elections and the Mold- ing of Office. GOYERI^fMENT OF ALABAMA. The Government of Alabama is Eepublican in form, to accord with Art. lY, sec. 4, of the Constitution of the United States; and sec. 5 of the Act for the admission of the State into the Union, passed March 2d, 1819. The State has a written Constitution, the last revision of which was by the Convention assembled a.t Montgomery, September 6th, 1875.* This Constitution is the supreme law of the State, and any enactment of the General Assembly, in conflict with it, is null and void. It can be altered or amended only in a very guarded way, distinctly pointed out in the instrument itself, and no Con- vention for this purpose can be held until after the question of Convention or No Convention shall have been first submitted to the people and voted on ; so careful were its framers to prevent hasty and unwise changes in its provisions. The Declaration of Rights, embraced in this Constitution, and which enunciates the great principles of liberty crystallized in Magna Gliarta, and improved upon by the restless spirit of in- dependence since, declares, among other things, that all men are equally free and independent; that all persons resident in this State, born in the United States, or naturalized, or who shall have legally declared their intention to become citizens of the United States, are citizens of Alabama, possessing equal civil and polit- ical rights ; that all political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit, and that, therefore, they have at all times an in- alienable and indefe^jsible right to change their form of govern- ment in such manner as they may deem expedient ; that no relig- ion shall be established by law, nor preference given to any re- *For the full text of this Constitution, as revised in 1875, see ante. 13 ligious sect or mode of worship ; that no one shall be compelled by law to attend any place of worship, nor to pay tithes or taxes for the support of any ministry ; that no religious test shall be required as a qualification to any office of public trust under this State, and that the civil rights, ■ privileges and capacities of any citizen shall not be, in any manner, affected by his religious prin- ciples; that any citizen may speak, write and publish his senti- ments on all subjects, being responsible for the abuse of that lib- erty; that the people shall be secure in their persons, houses, pa- pers, and possessions from unreasonable seizures or searches, and that no warrant shall issue for such purpose without probable cause, supported by oath or affirmation ; that in all criminal prose- cutions the accused shall have a right to be heard by himself and counsel, or either, to demand the nature and cause of the accusa- tion, to have a copy thereof, to be confronted by the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, in all prosecutions by indictment, a speedy public trial by an impartial jury of the county or district in which the offense was committed, and shall not be compelled to give evidence against himself, nor be deprived of his life, liberty, or property but by due process of law ; that no person shall be accused, or arrested, or detained, except in oases ascertained by law, and ac- cording to the forms which the same has prescribed, or punished, but by virtue of a law established and promulgated prior to the offense, and legally applied; that no person shall, for any indict- able offense, be proceeded against criminally by information, ex- cept in a few specified cases ;* that no person shall, for the same offense, be twice put in jeopardy of life or limb ; that no person shall be debarred from prosecuting or defending before any tri- bunal in this State, by himself or counsel, any civil cause to which he is a party; that the trial by jury shall remain inviolate ; that all courts shall be open ; that every person for every injury shall have a legal remedy, and right and justice be administered without sale, denial or delay ; that excessive fines shall not be imposed, nor cruel or unusual punishments inflicted; that all of- fenses, before conviction, shall be bailable, except capital offenses, when the proof is evident or the presumption great, and that ex- cessive bail shall not, in any case, be required ; that the writ of habeas corpus shall not be suspended by the authorities of this State ; that treason against the State shall consist only in levy- ing war against it, or adhering to its enemies, giving them aid and comfort, and that no person shall be convicted (rf treason except *ror these cases see an«e,„Coiistitution, Art. l,^sec. ,9. 14 on the testimony of two witnesses to the same overt act, or on his own confession in open court. This Bill of Eights further inhib- its attainder or corruption of blood, imprisonment for debt, sus- pension of laws except by the General Assembly, the passage of ex post facto Isbws,, Ishws imjyaiTmg the obligation of contracts, or making irrevocable grants of special privileges, the taking of pri- vate property, except for public uses and then only upon just compensation first made ; secures to the citizens a right to assem- ble in a peaceable manner, and petition for a redress of griev- ances, and also to bear arms in defense of himself and the State ; forbids standing armies except with the consent of the General Assembly, strictly subordinates the military to the civil power, and provides that no soldier shall be quartered on any citizen ex- c«^pt in time of war, and then only in the manner prescribed by law ; declares that no title of nobility, or hereditary distinction, shall ever be granted or conferred in this State ; that immigration shall be encouraged, emmigration not prohibited, and every citi- zen free from forced exile; abolishes slavery in all its forms; and inhibits educational or property tests for suffrage or office. STATE OEGANIZATION. By its Constitution, the State is divided into three distinct, but co-ordinate branches — the Legislative, the Executive and the Ju- dicial — each supreme in its own sphere, and free from unauthor- ized interference by the other. The Legislative is the law-making department of the State Government, and consists of a General Assembly, composed of a Senate of not more than thirty-three members, and a House of Mep- resentatwes of not more than onn hundred, apportioned among the several Districts and counties of the State in a manner prescribed by the Constitution.* Senators are elected every four and Eepre- sentatives every two years, on the first Monday in August.f The General Assembly meets biennially, at Montgomery, and its ses- sions are limited to fifty days. The Senate is presided over by a President, and the House of Eepresentatives by a Speaker, chosen respectively by those bodies. Each House selects its own of- ficers, and is the sole Judge of the election, returns, and qualifi- cations of its members. The Executive Department of the State Government is com- posed of a Governor, Secretary of State, Treasurer, Auditor, At- *See ante. Constitution, Art. IX. tFor the qualifications of Senators and Representatives see ante. Constitution, Art. IV, sec. 4. 15 torney- General, and Superintendent of Education,* elected every two years, on the first Monday in August.f The Governor is the head of the Executive Department; re- sides at the Capital ; sees that the laws are faithfully executed ; keeps the General Assembly informed as to the condition and welfare of the State ; may remit fines and forfeitures in a manner prescribed by law ; grants reprieves and commutations of sen- tence ; has the power to pardon except in cases of treason and impeachment ; approves or vetoes the enactments of the General Assembly; and is Commander-in-Chief of the military forces of the State. The salary of the Governor is $3,000 a yea-". In case of his disqualification from any cause, the President of the Sen- ate takes his place, and if the latter is disqualified also, the Speaker of the House. The Secretary of State, like the Governor, is required to reside at the State Capital, and, next to him, is the most important officer of the Executive Department. He is the keeper of the Great Seal of the State, and has many important duties de- volving upon him by the Constitution and laws of the State. His salary is $1,800 a year, and his official bond $10,000. In case of disqualification, the Governor appoints his successor. The Treasurer also resides at the Capital, and is charged with the safe keeping and proper disbursement of the public funds of the State. His yearly salary is $2,100, and his of&cial bond $250,000. The Governor fills his place in case of disquali- fication. The Auditor keeps his office at the Capital, and it is his duty to audit and adjust the financial accounts of the State, and dis- bursements by the Treasurer can only be made on his warrant — in fact, he has general superintendence of the State's fiscal af- fairs, taxation, etc., and is one of the most important of the Ex- ecutive officers. His salary is $1,800 a year, and his official bond $20,000. When disqualified from any cause, the Governor ap- points his successor. The Attorney General resides also at the Capital. He is the law officer of the State, and legal adviser of the Governor and other members of the Executive Department. He is re- quired to attend on the part of the State to all criminal appeals pending in the Supreme Court, and to all important civil cases in which the State is a party. His annual salary is $1,500, and his *By tlie Constitution, Art. V, sec. 1, Sheriffs ai-e made a part of the Executive De- partment, but for the purposes of this Hand-Book, they will be tnore properly men- tioned under the head of County Oi'ganization, post. fFor the qualifications of these several officials, see ante. Constitution, Art. V. i6 official bond |10,000. If disqualified from any canse the Governor appoints his successor. The Superintendent of Education must keep his office at the Capital, and has supervision of the public schools of the State. His yearly salary is $2,250, and his official bond $15,000. In case of vacancy, the Governor appoints his successor. The Judicial power of the State by the Constitution is vested in a Supreme Court, Circuit Courts, Chancery Courts, Probate Courts, Courts of the Justices of the Peace, and such other courts of law and equity, not to consist of more than five per- sons, as the General Assembly may from time to time establish. Under this grant of authority the General Assembly has estab- lished, in the principal cities of the State, courts known as City Courts ; and in the counties, courts called County Courts, and also Courts of County Commissioners.* The Supreme Court is the highest of the State Courts and the court of final resort. Its jurisdiction, except in the trial of certain impeachments,! and the exercise of its constitutional power to issue writs of injunction, habeas corpus, quo warranto, and such other remedial and original writs as are necessary to give it a general superintendence and control of inferior juris- diction, is appellate only, co-extensive with the State. This court is held at the seat of State government, and consists, at present, of one Chief Justice and two Ass^'ciate Justices, elected by the qualified voters of the State every six years at the general elec- tion on the first Monday in August.^ Vacancies in the office of Justice of the Supreme Court are filled by appointment of the Governor. The regular session of this court begins on the first Tuesday in December in each year, and continues until the last day of the next July ; but special sessions may be holden in the discretion of the Court. The annual salary of each Justice of the Supreme Court is $3,000. The officers of the Court are a Clerk, appointed by the Justices, and who gives bond in the sum of $5,000, and is paid fees ; Marshal, and ex-officio Librariao of the State and Supreme Court libraries, appointed by the Justices, and whose official bond is in the sum of $1,000, and annual salary $2,000; Reporter, appointed by the Justices, who reports the opinions of the Court, and is paid $2,000 a year ; and a Secretary *By the Constitution, Art. VI, sec. 1, ante, the Senate, sitting as a Court of Im- peaclmient> is vested, also, with 3udiT«, aare charged $50. . Wholesale dealers are those who sell by the quart and upwards, and do not permit it to be drunk on or about their premises, 34 10. For compounders and rectifiers of spirituous, or vinous, liquors— $100. * 11. For distillers of spiritous liquors— $50. f 12. For brewers — $15. 13. For pawnbrokers— $50. 14. For peddlers in a wagon— -$40. | 15. For peddlers on a horse— $20. 16. For peddlers on foot— $10, 17. For bowling alleys where fees are charged, each alley, 18. For billiard tables, where fees are charged, each table, -$25. § 19. For pool tables, each- $100. 20. For each bagatelle or Jenny Lind table, or other table or device from which profit is derived to the keeper - $25. 21. For theatres in towns or cities of less than two thousand inhabitants - $25. 22. For theatres in towns or cities of more than two thous- and inhabitants — $50. 23. For dealers in pistols, bowie-knives, and dirk knives, whether the principal stock in trade or not — $50. 24. For peddlers of medicines or other articles of like char- acter, for each county in which they peddle — $25. 25. For each sewing machine company, selling sewing ma- chines, by itself or its agents, as a State tax — $100. || 26. For each circus exhibition in towns or cities of more than five thousand inhabitants — $100. 27. For each circus exhibition in all other places- 28. For each exhibition of a menagerie or museum- 29. For each exhibition of a side show, accompanying a circus, menagerie or museum— $10. 30. For concerts, musical entertainments, and public lectures, where charges are. made for admission, and not given for chari- table purposes, each entertainment — $5. * Wholesale dealers who pay, as such, a license tax equal to or larger than this, are exempt from this tax. t Does not apply to distillation of fruit. .J 1 peddler's license entitles him to peddle only in county where taken out, unless he is a disabled citizen of this State, or is peddling the productions or manufactures of Alabama. § 1 he same amount is requifed to be paid on every table oa the premises where a bar or drinking saloon is kept, whether its use is chai-ged for or not. II The payment ot this tax to the State, evideaced by the receipt of any Probate Judge, exempts the company from payment of this State tax in any other county; but in each county in which the compjiny has an agent, a license of twenty dollars must be paid for county purposes. 35 31. For each shooting gallery- 32. For each chicken or cock pit INN, HOTEL, AND BOAEDING HOUSE, LICENSES. * f 1. Inns or hotels in towns of twenty-five hundred inhabitants, or less— $20. 2. Inns or hotels in towns of more than twenty-five hundred and less than five thousand inhabitants — $30. 3. Inns or hotels in towns of between five thousand and ten thousand inhabitants — $50. 4. Inns or hotels in towns of more than ten thousand inhab- itants— $75. J IMPORTANT STATUTES OF ALABAMA. MISCELLANEOUS CODE PROVISIONS. "Oath" includes affirmation. "Writing" includes printing on paper. "Month" means calendar month, and "Year" calendar year, unless otherwise expressed. "Signature," or "Subscription," includes mark, party's name being written near, and attested by one witness, thus : his Richard x Roe : John Doe, witness. § Words giving joint authority to thre*' or more, give such au- thority to a majority, unless otherwise declared. Writings importing on their face to be under seal, are to be taken as sealed, and have the same effect as if the seals of the parties were aflBxed. CD A simple scroll C J made with pen or pencil, and with or without the word seal, written therein, is sufiBcient sealing. Time is computed by excluding first, and including last day. When last day falls on Sunday, it, too, must be excluded. The standard of measure, length, surface, weight, and capacity in force in this State, is the Congressional. * This tax is divided between the State and county. t Inn or hotel keepers, who pay license, are exempt from all other income tax on their business as such. J Houses or places for the entertainment of boarders, lodgers, transient persons, and other guests, may be kept anywhere in the State, without the payment of a license tax, but must pay a State tax of three-fourths of one perceut, on the net iQcomeof such business, and to the county a tax of one-hali of one per cent. en. same. Tax to be assessed on business of proceeding year. But not less than $10 to the State and ^5 to the county must be paid. § The name of the witness may be written anywhere near. If the mark is intended as a signature to a conveyance of land, there must be two attesting witnesses. 36.' BUSpSSS LAWS. The legal rate of interest in this state, is 8 per cent. Inland Bills of Exchange, are bills drawn and payable in this State. Foreign Bills of Exchange, are bills drawn in this State, pay- able elsewhere. Bills of exchange and promissory notes, pa.^able in money at a bank or private banking house, or a certain place of payment therein designated, are governed by the commercial law. All other paper payable in money at a bank or private banking house, is governed by the commercial law as to days of grace, protest, and notice. Ko other paper is entitled to grace. Paper due on legal holiday, must be paid the day before, and if that is Sunday, then on Saturday. Acceptance of bills must be in writing, signed by acceptor or his agent. Holder may require acceptance to be written on bill ; and, on refusal, protest for non-acceptance. Eefusal to return a bill within 24 hours, is equivalent to an ac- ceptance. Sets-off against all but commercial paper allowed, until notice of assignment or transfer. iSTo set-off against commercial paper not over-due. An unconditional promise in writing before a bill is drawn, to accept the same, valid as an acceptance. Damages on protested bills are 5 per cent on amount drawn for, and costs of protest ; with interest at 8 per cent, on the ag- gregate sum of principal and damages from the time the former was payable. If the protest is for non-acceptance, the damages carry in- terest from the demand of acceptance. When the bill is payable in our currency, damages cover ex- change. When the bill is payable in foreign currency, exchange must be added. VOID CONTRACTS. Contracts founded, in whole o' in part, on a gambling consid- eration ; and. money, or other valuable, paid on such may be re- covered. ^ Gontraots made on Sunday ; unless for the advancement of religion, or in the execution, or for the performance of some work of charity, or in case of necessity. All instruments made to hinder, delay, or defraud creditors. 37 CONTRACTS REQUIRED TO BE IN WRITING. In the following cases every agreement is void, unless reduced to writing, or some memorandum, expressing the consideration, is made thereof, and signed by the party to be charged or his agent having written authority : Every agreement which, by its terms, is not to be performed within one year from the making thereof. Every special promise, by an executor or administrator, to answer damages out of his own estate. Every special promise to answer for the debt, default, or mis- carriage of another. Every agreement, promise, or undertaking, in consideration of marriage, except mutual promises to marry. Every contract for the sale of lands, tenements, or heredita- ments, or of any interest therein, except leases for a term not longer than one year ; unless the purchase money, or a portion thereof, is paid, and the purchaser put in possession. Every representation of another's character, conduct, ability, trade, or dealings, to be actionable, must be in writing. THE LAW OF CONVEYANCES.* Every person twenty-one years of age, and not under a legal incapacity ,t may alien his land, or any interest therein, immediate or future, certain or contingent, by an instrument in writing or last will. . Conveyances for such alienation must be written or printed on parchment or paper, and signed at the foot by the contracting party or his agent having written authority. If he is unable to write, his name must be signed for him^ with the words " his mark " written over or against the same.| The execution of such conveyance must be attested by one, or where the party cannot write, by two witnesses, who are able to write. A seal is not necessary to convey the legal title to land, to enable the grantee to sue at law, if such was the intention of the grantor, to be collected from the whole instrument. Acknowledgement dispenses with witness or witnesses. § A conveyance executed, and attested, or acknowledged, as * Mortgages are embraced in the term Conveyance, and the same regulations are applicable to them, as to absolute deeds. t The principal legal incapacities are tdiotcy and insanity. X See aiUe, page 35. § To acknowledge a conveyance, is for the grantor to admit its voluntary execution, before some Judge, Clerk, Justice of the Peace, or Notary, who makes his certificate on the conveyance, to that effect. 38 above, is sufficient to pass a valid title as against the grantor, his heirs, and those not hona fide purchasers without notice, and for value. To make the title effective against all persons, the con- veyance must, within a specified time,* be recorded in the office of the Probate Judge of the county where the land lies. Conveyances to be admitted to record on proof, must in all cases be attested by two witnesses.! Conveyances proven or acknowl- edged according to law, and recorded within twelve months, are receivable in evidence without further proof; and if lost or de- stroyed, or out of the party's power to produce, certified tran- scripts may be received. Ko writing is necessary to the conveyance of personal pro i^erty; but verbal gifts of such are inoperative until possession passes. Conveyances by a married woman of any interest in real property, stocks in incorporated companies, or shares in manu- facturing companies, to be valid at all, must be attested by two witnesses, or acknowledged. If a mortgage of personal property be reduced to writing, and recorded in the county of the mortgagor, and that where the property is, the record operates as constructive notice; but mortgages of personal property are valid without writing. Attornment of tenant is dispensed with. Conveyances of land are construed as conveyances of the fee, unless otherwise limited. ISo lease is valid for a longer time than twenty years. Survivorship among joint tenants is abolished, unless plainly intended. Livery of seisin is dispensed with. A power of sale in a mortgage is part of the security, and fol- lows the debt. A mortgagee receiving satisfaction, must enter same on rec- ord, if the mortgage has been recorded, under a penalty of $200. THE LAW OF DOWER. The wife is entitled to dower in the following real estate of her husband : Lands of which he was seised in fee during the marriage. * See Code of .labama (1876), Part 2, Title III, Conveyances. t To prove a conveyance, is for one of the attesting witnesses to make affidavit be- foi-e an officer authorized to take acknowledgements, that the grantor executed the same in the presence of affiant and the otlier attesting witness, on the day it bears date; that affiant attested the same in the presence of the grantor and the other wit- ness; and that the other witness did so in affiant's presence. Whereupon, the officer makes his certificate to that effect, on the conveyance, and it is ready for recording. Conveyances are admitted to record either upon proof, or acknowledgement. 39 Lands of which another was seised in fee to his use. Lands to which, at the time of his death he had a perfect equity, having paid all the purchase money. If the husband's estate is solvent, and he leaves no lineal de- scendants, she is entitled to dower in one-half of such lands ; if he leaves no lineal descendants, and his estate is insolvent, in one-third of such lands ; if he leaves lineal descendants, in one- third of such lands, whether his estate is solvent or insolvent. A wife can relinquish dower only by joining with her husband in the conveyance or mortgage, in the presence of two attesting witnesses ;* or by a subsequent release in writing, attested by two witnesses, or properly acknowledged. Married women may release dower whether 21 years of age, or not. A married women joining in her husband's conveyance, is not bound individually or as to her separate estate, by his covenant of warranty; and s'ich act has the effect only of relinquishing her dower, unless she specially covenants to bind her separate estate. Wife retains dwelling house and plantation, free of rent, until dower is assigned; and dwelling house must be given her as part of her dower, when equitable. A married woman is not entitled to dower, if her separate estate is equal to or greater in value than her dower interest, THE LAW OF DESCENTS, DISTRIBUTIONS, AND WILLS. The descent of the real property, and distribution of t'e per- sonal property, of intestates, is equitably regulated by statute.f But wills of both are allowed, which must be in writing, signed, by the testator or some one in his presence and by his direction, and^attested by at least two witnesses, who must subscribe their names as such. Nuncupative wills of personalty are allowed in certain cases of emergency and under certain restrictions, when the value of the property does not < xceed $500. % Any person eighteen years old, may make a will of personalty; but must be twenty-one to will realty. A married woman may will her separate estate — personalty if eighteen ; lands, if twenty-one. THE LAW OF THE WIFE'S SEPARATE ESTATE. All property of the wife, held by her previous to the marriage * Proper acknowledgement by the wife, dispenses with the witnesses, t See Code of Alabama (1876), Pare 2, Title IV, Estates of Decedents. X See Code of Alabama (1876), ss. 2298-2302. 40 or coming to her after, is her separate estate, and not liable for her husband's debts ; but under certain circumstances, carefully- pointed out, it may be subjected for the support of the family, and the tuition of her children.* The husband is trustee of the wife's separate estate, and may take the income to his own use, without accountability to any one; but >uch income is not liable for his debts. The wife's separate estate may be sold by the jdint conveyance, in writing, of herself and husband, attested by two witnesses, or properly acknowledged ; and the proceeds continue her separate estate. The husband is not liable for the debts of his wife con- tracted before marriage, and for these, she may be sued alone, and her separate estate subjected. The husband of a woman having a separate estate and dying intestate, is entitled to one-half of 'her personalty, absolutely, and to the use of her realty during his life. THE LAW OF ALIENAGE, AS AFFECTING PROPERTY RIGHTS. An alien, resident or non-resident, may take, hold, inherit, convey, and will property in this State, same as a native. Alien devisees, or next of kin, take or inherit to the exclusion of the State and more remotie na |ve or naturalized heirs. REDEMPTION OF LANDS. Eeal property sold under execution, decree, mortgage, or deed of trust, may be redeemed within two years, under certain re- strictions and penalty, t PLEADINGS AND CIVIL ACTIONS. All pleadings are required to be short and simple, and no ob- jection allowed for want of form. The Code prescribes simple forms of pleading to be used in many cases. Civil actions are begun by summons and complaint. RULES OF EVIDENCE, COSTS, AND APPEALS. Evidence in Chancery cases is taken by written depositions ; in nearly all other cases, it is required to be given orally in open court. * See Code of Alabama, (1876), ss. 2711-2712. t See Code of Ala., (1876), Part 2, Title vn, ch. 4:. There is no exclusion by reason of interest ; and a party may be examined on written interrogatories by his adversary. Non-residents, and corporations are required to give security for costs. Appeals are allowed in nearly every case. THE HOMESTEAD, AND OTHER EXEMPTION LAWS OP ALABAMA.* The following property is exempt in this State from forced sale for rayment of debts : During Owner's Lifetime — Personal property to the value of 11,000. The country homestead not exceeding 160 acres, nor $2,000 in value ; or, in lieu thereof, the dwelling house and lot in a city, town, or village, not exceeding $2,000 in value. If the same can- not be allotted, then $2,000 of the value thereof. Family burial lots and church pews. Necessary wearing appar^^l for himself and family. Family portraits, and books used in the family. From Garnishment, wages, salaries, etc., to the amount of $25 a month. After Owner's Death, if there be Widow or Minor Child -The homestead as above, during the life of widow, or minority of child, whichever terminates last. The wearing apparel of deceased, and family. All yarn and cloth on hand intended for home use. Books ia use in the family, and family portraits and min- iatures. Sufficient grain, stores, and groceries, on hand, to support the family for twelve months. Such bedding, and household and kitchen furniture as may be necessary for the famDy use. HOW EXEMPTIONS ARE WAIVED. Exemptions of personalty maybe waived by a separate instru- ment in writing, or by including the waiver in the bill of ex- change, promissory note or contract ; but a waiver relating to realty, must be on a separate instrument, signed by both husband and wife, if the owner be a married man, and attested by one witness. If the waiver be of the hoinestead, it must be on a sep- arate instrument and have the voluntary signature and assent of the wife, properly acknowledged and certified. * See ante. Constitution, Art. X. See, also, on this subject, Code of Ala., (1876) Part 2, Title VI, eh. 1— Propektt Exempt. 42 LIENS ON THE HOMESTEAD. • 1?he liens of laborers, mechanics, and material men, for work on the homestead, or materials furnished, are in no way effected by the exemption laws. CONVEYANCES OF, AND MORTGAaES ON, THE HOMESTEAD. " Provision is made by the laws of this State for conveyances of and mortgages on the homestead, and such are valid, if properly obtained. immigrant's CONTRACTS. Contracts, for service, made out of this State or in a foreign country, for a period not exceeding two years, are as valid in this State as if made here ; and are good although made by minors and married women ; but the minor must be 16 years of age, and have the assent of his father, or other guardian, certified thereon, and a married woman must have a certificate of the assent of her husband. Such contracts must be in duplicate, the original in the immigrant's language, and the duplicate in English ; and the latter must be recorded in the office of the Probate Judge of the em- ployer's county, within forty days after the arrival of the immi- grant, to have the benefit of the provisions mentioned under this head. An immigrant, under such contract, has a preferred lien on the product of his labor to secure his wages ', and if the labor yields no tangible product, may, on application to the Probate Judge, require personal security. If he be discharged without good cause, he may recover his wages for the full term ; but if he leaves without good cause, or fails to enter the service as he contracted to do, he is liable for double the amount of his wages for the unexpired term, and this liability is a lien on all his future wages, whenever and from whomsoever earned. These provisions apply as well to contracts made with immigrants, after their arrival in the United States, for a period of two years. LIEN LAWS. By the laws of Alabama, liens are declared in favor of me- chanics, builders and employes, on the product of their labor ; and material men have a lien for supplies furnished. Landlords have, also, a lien for rent of land and supplies ; and so have farm and railroad employes for their labor. BUSINESS CORPORATIONS, AND LIMITED PARTNERSHIPS. There is a general law in this State, under which corporations, 43 for catrying on any manufacturing, mining, or industrial business, may be formed by simply filing with the proper Probate Judge, a written declaration, setting forth the necessary facts. If this general law is not sufficient, a special act of the General Assem- bly may be obtained. Mining and manufacturing corporations have power to build tramways, canals, and turnpikes, necessary to connect their works with railroads and other public highways, and to condemn the right of way on paying just compensation. Every facility is likewise afforded to those who wish to form corporations for constructing macadamized, turnpike, plank and railroads ; or who wi^ to establish telegraph, or steamship com- panies, or companies for carrying on a banking, fire or life in- surance, or any other lawful business. Eeligious, educational, benevolent, social and literary, and burial societies may, also, be formed under this general law. Stockholders are individually liable to the extent of their un- paid stock, only. There is, also, a general law in this State, under which limited partnerships are readily formed. Part Fourth. The Free Public School Systejn of Alabama; Its Normal Schools; Universities and Colleges. THE FEEB PUBLIC SCHOOLS OF ALABAMA.* THE FEDERAL LEGISLATION ON THE SUBJECT. March. 2, 1819, Congress passed an act for the admission of Alabama into the Federal Union. What is, now, the State of Ala- bama, was then the Territory of Alabama. By the first sub-di- vision of the sixth section of this act. Congress granted the sec- tion numbered sixteen in every township,t and when thut section had been granted, sold, or disposed of, other lands equivalent thereto, and most contiguous, to the inhabitants of such township for the use of schools therein. In return for this grant, the State disclaimed all right and title to the waste or unappropriated lands within its borders, and declared that the same should re- main at the sole ad entire disposition of the United States. This was the germ of the Free Public School System afterwards inaugurated in Alabama. March 2, 1827, Congress authorized the State to sell these lands, and invest the proceeds in some productive fund, the rev- enue from which was to be forever applied to the use of schools; but providing that each township should have the full benefit of its particular section, and that the proceeds of any given six- teenth section should be credited to the township embracing such section, and the revenue arising therefrom applied to the support of the schools in that township, exclusively. Under this * Before being put in the hands of the printer, this article was suDmitted to Hon. L. F. Box, Superintendent of Education, for examination and revision. In a letter to the writer, returning the manuscript, Mr. Box says: "The article is well written, and for accuracy and comprehensiveness as a sum- mary of our Public School System, could hardly be imiDroved." t By an act of Congress, passed May 18, 1796, all the public lands of the United States are required to be surveyed first into tracts called townships, in extent six miles square. The sub-divisions of a township are called sections, each a mile square and containing 640 acres; these are sub-divided into quarter sections, and from that into lots of 40 acres each, a township, therefore, comprises 36 sections, or 23,040 acres. 45 ^ authority, the lands or the larger portion of them, were sold and the proceeds became, in the hands of the State, the nucleus of its present School Fund. July 4, 1836, Congress made another grant of lands to Ala- bama for the use of schools, equal to the thirty-sixth part of the lands within the State, ceded to the United States by the Chick- asaw Indians. By the eighth section of an act passed September 4, 1841, Congress donated to the State 500,000 acres of land for internal improvements. Subsequently, by act of August 11, 1848, the State was authorized to apply these lands to the use of schools in those townships, in which the sixteenth sections, granted by the act of March 2, 1819, were comparatively valueless. In 1836, there was a surplus of revenue in the United States Treasury, over and above what was necessary to meet the wants of the Federal Government; and Congress, by an act passed June 23d, 1836, declared that such surplus, in excess of |5,000,- 000, should be apportioned among the different States, according to their representation in Congress, to be held until called for by the United States. The amount received by Alabama under this act, and which was by the Legislature appropiiated as a part of the school fund, was $669,086.80. STATE CONSTITUTIONAL, AND LEGI^LATIVE, SCHOOL PROVISIONS, It has always been the policy of Alabama to foster education and promote learning among the masses, and the earliest Consti- tution of the State — that adopted in 1819, declared that schools and the means of education should forever be encouraged in this State. The first legislative enactment establishing a system of free public schools in Alabama, was passed February 17th, 1854. This act was supplemented by a very important act, passed Feb- ruary 14th, 1856. Prior to 1854, there was no such system, and the revenue accruing from the school fund was used to pay teachers of private schools, for the education of those entitled to the benefit of such revenue. The present Constitution of the State requires the General Assembly to establish and maintain a system of public schools for all the children of the State, between the ages of seven and twenty-one years ; but there must be separate schools for white and colored children. It prescribes, also, in general terms, from what, and i'ow these ^ohools are to be supported ; and prohibits the teaching, in them, of sectarian religious views. * The public schools provided in accordance with these consti- * See Constitution, Art. XIII, ante. #46 tutional requirements, are divided into four grades — Primary, Intermediate, Grammar, and High schools. The school year begins October 1st, and ends September 13th.* The school month is 20 days and the school day not less than 6 hours. There is no uniformity in text books used. For the efficient administration of these schools, there are the following officers : A Superintendent of Education for the State. A County Superintendent of Education in each county. Three Trustees of Public Schools in each township or other school district. The Superintendent of Education is elected' by the qual- ified voters of the State, every two years, on the first Monday in August; holds office for two years; gives bond in the sum of $15,000 ; and is paid $2,250 a year.. He is required to keep his office in the Capitol building of the State ; and is allowed a clerk at an annual salary of $1,500. A vacancy in his office is filled by the Governor. He is the chief school officer of the State, and has general supervisio'i of its educational interests, and is required to devote his time to the care and improvement of the public schools, and the promotion of public education in the State. All the other school officials are, directly or indirectly, subject to his control; and he may remove any of them ifor delinquency in office. He appoints the County Superintendents of Education, and super- vises their official acts. He is charged with the legal apoortion- ment of the educational revenue, and required to see to its proper disbursement. The County Superintendents of Education are the next in the scale of educational officers in the State. They are ap- pointed and may be removed for delinquency by the Superin- tendent of Education ; hold thei* office for two years ; give bond in a sum to be fixed by the Superintendent of Education, not less than double the amount of school money that may come to their Jiands at any time ; and are paid each seventy-five dollars! and one per cent, upon the amount of educational revenue legally dis- bursed by them; pay teachers annually between the 1st and 15th of October, upon certificates of the Board of Trustees, signed by the Clerk of the Board, taking their receipts in duplicate for amounts so paid ; they are charged with the receipt, apportion- * Thirteenth probably an error, and intended for thirtieth, but so -written in the original. ^ t Evidently per annum, but not so expressed in the Code. 47 ment, and distribution of all the local school money accruing in their respective counties from whatsoever source, to be used in connection with that part of the general educational revenue ap- portioned by the Superintendent of Education to their counties. They may, for delinquency, remove district trustees, and fill their places. They examine into the condition of all school funds of their counties, including sixteenth section lands unsold ; may bring suits for trespasses on school lands, and to recover such lands when in possession of other claimants. They must have offices at the county seats, where they must be present on the first Saturday of each month during the session of the public schools, to transact business. As soon as they receive the annual apportionment of the general educational revenue to their counties, they must notify the District Trustees of the amount which is coming to each race in their townships. District Trustees. Every township in the State, and every fraction of a township which is divided by a State or county line or any other insuperable barrier, such as a river, creek, or moun- tain, is made a separate school district, under a board of three Trustees, called The Board of Township Trustees. Every incorporated city or town of three or more thousand inhabitants, is, also, made a school district, under the su{)ervision of a Board of Trustees. These Trustees are elected by the people of their respective districts; the times, places, and mode of holding elec- tions for whom being fully pointed out in the Code of Alabama, (1876) page 375. They are required to take an oath faithfully to discharge their duties, and may be removed by the County Super- intendent of Education for delinquency in office, and by the Su- perintendent of Education for failure to furnish reports, or such other information as he may require. They give no bond, except when they are about to sell or lease school lands, and then the amount is fixed by the County Superintendent. They have immediate supervision of the public schools in their respective districts, and have power to establish therein as many schools for either race as the public necessity requires. ]Sro one but a freeholder or householder, resident in the county, is eligible as District Trustee. The Board of each District meets annually, on the second Monday in January, for the transaction of business. One of its members acts as Clerk to the Board, and presides over its meetings and records its proceedings. Two members consti- tute a quorum for the transaction of business, but one may ad- journ from day to day; and when there is only one Trustee in office he has full power to act. The Board employs teachers in 48 the township ; draws warrants for their payment on the County Superintendent ; and may remove them. It makes rules for the government of the schools of its Districts; and must visit, by one or more of its members, every school in the same at least once a year. Every second year, the Board is required to make an enu- meration of the schoo' children in its District and report number to the County Superintendent. These District Trustees receive no remuneration, but are exempt from road and jury duty. The School Fund,* from the annual revenue of which, the public schools of the State are supported, consists of : The principal of all funds arising from lands granted to Ala- bama, by Congress, for educational purposes, and which have been disposed of by the State, amounting to $1,747,165.50. f All lands or other property given by individuals or appropri- ated by the State for educational purposes. The proceeds of all escheated estates. The annual poll tax of one dollar and fifty cents. | The sixteenth section trust fund, amounting to $97,091.33. § The surplus revenue fund, amounting to $669,086.80, || The Public School Eevenue. The following sums are re- quired to be annually appropriated for the maintenance of the public schools in Alabama : Six per cent, interest on the principal mentioned in first sub- division of School Fund, above ; amounting to the yearly sum of 1104,829,93. Six per cent, interest on the trust fund mentioned in fifth sub- division, same title ; amounting to the yearly sum of $5,825.47. Four per cent, interest on the surplus revenue fund, men- tioned in sixth sub-division, same title ; amounting to the yearly sum of $26,763.47. The annual rents, incomes, profits, or proceeds of sales of all lands hereafter granted for the support of schools in this State. The proceeds of all escheated estates. ■ ' ■ T * IhrndiBuaedto designate tla at which is permanent; Bevemie, that which accraes annually from the fund. t This embraces the sixteenth sections granted by act of March 2, 1819 ; and the grant of July 4, 1836. X Poll tax is a school fund ; but the amount annually arising from that source is school revenue. § For the nature of this grant, aeeoMte. p. 45; and acts of Congress of September 4, 1841, and August 11, 1848. II See anie. p. 45; and act of Compress of June 23, 1836, for the nature of this tund. 49 The entire poll tax * of the State, amounting, in 1877, to the sum of $116,000. An annual appropriation of $130,000, from the State Treasury, in addition to the foregoing, f Method of Apportioning the Educational Eevenue.f The apportionment of the general educational revenue is accord- ing toan enumeration of the school population in the State made every two years ; allowing so much to each child. At the beginning of each school year, the State Auditor cer- tifies to the Superintendent of Education what will be to the credit of the general educational fand for that year. The Super- intendent then sets apart from such revenue what will be neces- sary to pay the expenses of his office and the iN'ormal schools during the year ; and apportions the balance among the different School Districts. He first gives to each District so much of the revenue as has been produced by the sale or other disposition of its sixteenth section or other land grant. After doing this, from what is left, he first makes those Districts which have little or no revenue from the foregoing source, equal to those which have more ; and then equally apportions the remainder of the revenue among all the Districts according to their respective school pop- ulation ; and certifies to the State Auditor what he has done, who draws his warrants in favor of the proper parties, on the differ- ent Tax Collectors of the State, which are paid as the taxes are collected.§ Local Systems of Public Schools. In addition to the gen- eral system throughout the State, local systems of public schools have, by special acts of the General Assembly, been established in Dadeville, Huntsville, Birmingham, Eufaula, Marion, Opelika, Selma, Montgomery, Oxmoor, and the County of Mobile. These * The poll tax is an annual tax of one dollax- and fifty cents on nearly every male inhabitant of the State, between the ages of 21 and 45 years. Whatever accrues from this source in any given district constitutes a local school fund, and must be retained and applied, exclusively, to the support of schools in that district. What is col- lected from the whites to the use of white schools, and what is collected from the col- ored population to the use of colored schools. t Each county in the State, except Mobile county, may, in addition to these appro- priations, levy and collect,. for the exclusive use of schools in that county, a special tax of not more than one-tenth of one per cent, in any one year, on the taxable pro- perty of the county. I The poU tax, and the special tax (when imposed) of one-tenth of one per cent. , constitute a local fund in each county where collected, and the amount accruing from these sources is paid over to the County Superintendent, without the intervention of eitheo: the State Auditor or Superintendent of Education, Imt mng* be reported to tbe latter. § WTaen the amount of taxes collected in any one county is not sufficient to pay the Auditor's warrants on the Tax Collector, the Auditor draws his wanant on the State Treasurer for the deficiency. 50 local systems have been instituted for the convenience of the particular localities where they are in active operation, most of which embrace important cities ; and constituting, each, a sep- arate and distinct school district, are regulated by laws peculiar to themselves, which are explicitly set forth in the Code of Ala- bama; but they are sup orted, as the other public schools, out of the educational revenue of the State. Miscellaneous School Information. Teachers of public schools, when required by the District Trustees must obtain a certificate of qualification from such authority as may be desig- nated by such Trustees ; must keep a register of actual daily at- tendance of pupils in their schools ; and must make certified re- ports on or before the expiration of the scholastic year, of the number of pupils, designating them by name, in attendance dur- ing their schools. Public examinations must be held in every school at least once a year. Honorable certificates are given to graduates. According to the report of Hon. Leroy F. Box, Superintendent of Educati n, the number of School Districts in the State the present year (1877-78), is 1,700; number of schools taught, white 2,696, colored 1,404 ; number of teachers employed, white 2,722, colored 1,423 ; grades of schools taught, ]trimary 1,590, interme- diate, 1,370, grammar, 973, high, 167; school population, white, 214,279 , colored, 155,168 ; number enrolled in schools, white, 86,485, colored, 54,745 ; average attendance in schools, white, 61,584, colored, 40,092. It will thus be seen, that the Public School System of Alabama is as extensive and well supported as that of any State in the South; and amply sufficient for the proper education of the peo- ple. These schools are comparatively well attended; ably and conscientiously administered ; and a source of pride and gratifi- cation to every true Alabamian. NORMAL SCHOOLS. At Florence, in Lauderdale county, there is a Normal School upon the most approved plan, for the education of white teachers, male and female, in the theo'y and practice of teaching ; con- trolled by a board of directors, called "The Board of Directors of. the State Normal School," with a. President, Secretary, and Treastirer. Tim directors receive no compensation, and a va^ oancy in the board is filled by the remaining members. The act 5V of the Board of Education, * creating this institution, approved December 14, 1874, requires that not les^ than |5,000 shall be an- nually appropriated, out of the general educational revenue, for its support. The board of directors elects the faculty, consisting of a President and complete corps of instructors ; and also, pre- scribes the rules and regulations of the school. Applicants for admission must be not less than fifteen years, of age, and pass a satisfactory examination. The tuition is free, but the student must bind himself to teach at least two years in the public schools of the State; he may, however, release himself from this obliga- tion, by paying tuition. A graduate from this institution can teach in any public school in the State, without further examina- tion. During the year 1876-77, there were in its normal depart- ment, 48 students. The faculty is an efficient and laborious one, and composed of instructors who have devoted the greater por tion of their manhood to the profession of teaching; and, al- though the school is of so recent origin, its good effects have al- ready been felt on the educational interests of the State. At Marion, in Perry county, there is a State Normal School for the education of colored teachers, in the theory and practice of teaching ; and an University, connected therewith, for the ed- ucation of colored students in the higher departments of learn- ing. This institution was established by an act of the Board of Education, approved December 20, 1871, and is under the control of a board of directors, called, " The Board of Directors of the State Normal School and University for the Education of the Colored Eace," with a President, Secretary, and Treasurer. A vacancy in the board is filled by the remaining members. The directors receive no compensation. The act, establishing the in- stitution, requires that $4,000 shall be annually appropriated out of the State educational revenue for its support. It has, also, private endowments to a considerable amount, which, in connec- tion with the aid received from the State school revenue, is suf- ficient to support it upon the most approved plan. The board of directors elects the faculty, consisting of a President, and compe- tent corps of instructors ; and, also, prescribes the rules of the school. Applicants for admission must be at least 14 years of age, and pass a satisfactory examination. The tuition is free, but beneficiary must bind himself to teach at least two years in the *Una«ion at 1866, a Soard of Sducafcion, oomposed of trwo -mem- tfere fgora eacla Oongressicmal rHetrlct, eseroised esolusiVe l«gr*slativiB antboiiby ovfer the Public Schosl System of Alabama, and the State educatlorial institutions. This Board was abolished by the Constitution of 1875, and its po-wers remitted to the Gen- eral Assembly. 5^ public schools of the State; he may, however, release himself froiji the obligation by paying tuition. The institution is in suc- cessful operation. At Huntsville, in the northern portion of the Sta^e, there is, also, a Norraal School for the professional education of colored teachers ; controlled by a board of three commissioners, one of whom is chairman. This school was established December 20, 1871, and an annual appropriation of $1,000, out of the State edu- cational revenue, is required to be made, for its support. Pupils are admitted free of charge, but must bind themselves to teach two years in the public schools of the State. This institution is, also, in successful operation. tSf 5 CD Ce 3 c^.- -2 ^ i ij « S '^ "So ^ o °£ « c. « ^ £ 'S £ ^ S rrt «« jT ft < < male an titutions nistratio their res < < ^ .3 rS -^ o s youth, w. Thes eflfteient applicati H O H O 00 c3 ® O o ^ S ^ o -g DO 1^ « p S .2 l: >. ^ .2 1 ^ a .C0OlCO<35 OOQOCOCOQOOOQOOOS ^QOXQoSdod : rt , • "^ "jj T3 = ti c c 3 ao-C a £^^ og ^§^0 2 o S C -1^ O O 01 a .2 «.2 0) CO o>oiaJoia)0)0)aja) OJ IB o 0) Oi OJ lllllliiiiliiii c> 2 o^ a - - — 50 r 01 o» =* a 3 — — 03 p : : : : : : cs cs o . tc aj Si .COO o 00 0) 3t,_jwwwwa323t,33^_ cS 01 •< > o3 OCp !5C3 p^bD 01 iDOi if iC — 0) O o *^ vf, :'^iJ 01 8S ■=. iD'=^ s' ^'i' a — Sif^^6=13if o^a gaif^^ a =|ai=ag> -^■*~' - r3 ~ P 2 'x c :e _ £ ^ M - - 3 «a^ -a •" +j - "D - > 35 = 3 bc o r I ^ See ^E:cK n S H <5 O <5 <: S M cc ca 0) 3 j:: C 3^ s o -d fi Ti oj a V 2 Si p (a cH fl !^ & •s < d ?i cj IV 13 T) oi oj O rtition walls of brick;, thus rendering the buildings fire proof. The roofs are covered with tin. As an additional safe- * May 16, 1878. «7 guard against fire, the Hospital is supplied with a fire engine and hose — which can, in a moment, be attached to pipes leading from the tanks in the attic, and any part of the buildings flooded. The institution has, also, a number of Fire Extinguishers. Every care is taken to prevent fire, and the danger of such is reduced to a minimum, » The central building contains some thirty large rooms — exclu- sive of a beautiful and commodious Chapel — and is appropriated to business offices, public parlors, officers' quarters, kitchens, storerooms, and servants' rooms. The wings, together, contain eighteen Ha'ls or Wards, and upwards of three hundred Dormi- tories for the use of patients. Bach ward has a distinct dining room, parlor, bath room, drying room, and water closet; and is intended to accommodate about twenty patients. The Hospital is provided with an improved French Eange, for culinary purposes, and to supply hot water. It has, also, a Steam Laundry, well fitted up with tJ^e most improved washing machines, rinsing tubs, etc.; a30-horse power steam engine: two steam pumps ; a grist mill ; and machine shop. The barns, stables, and cattle sheds, are built of brick, and are very conve- nient and commodious. The farm and garden of the institution, comprising, together, about 100 acres of arable land, and which are models of energy, skill, and taste, are in the highest state of cultivation, and yield enormously. Most of this work is performed by the patients, and the product contributes greatly to the suppo'^t of the insti- tution. The flower gardens and hot houses of the Hospital, are very rare and extensive, and a source of perpetual interest to its inmates. Every ward overlooks beautiful and fragrant parterres. In fair weather these gardens and lawns are dotted in every di- rection with groups of patients, cultivating or gathering flowers. The sewing bees of the female patients add largely to the re- sources of the institution, in the great number of articles ot male and female wearing a.p'^arel made at them. The patients are cheerful and happy, and the institution ranks among the very best of such establishments in this or foreign countries. In 1876*, the proportion of cures to admissions was 40 per cent., and the mortality during that year less than 5 per cent, of the whole number under treatment — the deaths, even at that low rate, being, for the most part, confined to the aged, and those whose constitutions had been exhausted by long continned * The statistics of this year are taken, becatise the sessions of the Legislature be- ing biennial, there has been no report of the Superintendent since. 6% bodily and mental disease. With but two exceptions, there has been no case of suicide, homicide, or even severe violence, com- mitted in the Hospital during the whole course of its existence. These exceptions occurred in the year 1876, when one patient strangled himself in the night time in his room, with a small linen ♦pocket-handkerchief, twisted very tightly about his neck and at- tached to the low foot board of his bedstead ; and another was drowned in the Warrior river in an attempt to escape. No blame, whatever, attached to the officials for either of these deaths — to guard against which being beyond the power of hu- man foresight and watchfulness. The moral and disciplinary treatment of the patients is mild and humane, and marked by an entire absence of forcje, and un- necessary restraint. Only when it becomes absolutely essential to the patie' t's good is he restrained in any way, and then in the gentlest and most parental manner. Every effort is made to amuse and divert the patients and facilitate their restoration, by evening walks, carriage drives, stereoscoptical exhibitions, mu- sical concerts, amateur dramatic performances, dancing, tea par- ties, public lectures, debating societies, and conversational soirees. Frequently dramatic troupes, visiting Tuscaloosa, give free exhi- bitions at the Hospital. There are, also, quilting, knitting, and sewing bees among the female patients ; while for the males, there is a beautiful ten-pin alley and billiard room, well fitted up. There is, also, a fine library in the institution, filled with books, periodicals, and pictures — many of which were donated by the be- nevolent. A large number of newspapers are sent to the insti- tution by their publishers, free. There is a beautiful chapel in the central building, where daily morning prayer by the Super- intendent is had, with singing and organ accompaniment 5 and on Sunday afternoons, services by the ministers of the various re- ligious orders in Tuscaloosa. For a number of years, and until quite recently, there was an interesting little paper, called the Meteor, edited and printed exclusively by the patients, issued monthly from the hospital. From its opening until October 1, 1876,* there had been admitted into the institution 1205 patients ; of which number 679 were males, and 526 females. THE ALABAMA PENITENTIARY. This institution is located at the town of Wetumpka, in the county of Elmore, and on the left bank of the Coosa Eiver, about 37 niiles, by wat r, northwest of the city of Montgomery. * Date of last Report. 69 At present, it is accessible by the steamboats of the river; but when the branch railroad now under construction, is completed between Wetumpka and Elmore station, on the South and North Alabama Eailroad, it will have ample rail communication. The location is a healthy one, and the Penitentiary, with its hills and high surroundings, and the beautiful ( oosa river flowing imme- diately in its rear, has very much the appearance of a Baronial Castle of the Old World, and looks like anythi g, but a prison. It was established by an act of the General Assembly, ap- proved January 26, 1839 ; and opened for the reception of con- victs, February 8, 1842, at which time the new penal code of the State, adapted to Penitentiary punishments, and adopted by act of January 9, 1841, also became operative under the proclama- tion of Gov. Bagby. It will thus be seen that the Penitentiary has been in active operation for more than 36 years ; and its for- tunes and experiences during that time have been very varying. At times a cripple, supported by and embarrassing the State— at other times, self-supporting and a source of revenue to the State. The act of January 26, 1839, appropriated $30,000 to purchase land and erect buildings. Wetumpka was selected as the iJace of location by a joint vote of the General Assembly— the act of 1839, requiring that the institution should be located at a point not exceeding 50 miles from the centre of the State. By the same ^ct, three Commissioners were required to be appointed to superintend the erection of the buildings ; and three others to compile a penal code adapted to the Penitentiary system. By act of January 8, 1841, the sum of $36,000, additional, was ap- propriated to complete the buildings. The prison was managed by the State, and supported by an- nual appropriations, until 1846, when the first law authorizing its lease was passed, February 4, of that year. Under this act, the institution was leased to Jno. G. Graham. At the expiration of his lease in 18 >2, it was leased to Jordan & Moore. Their term expiring in 1858, it was leased to Burrows, RAt, & Co. In 1862, two years before this lease e^^pired, Dr Burrows was killed by one of the convicts, and the prison reverted to the State, when Dr. M. G. Moore was appointed Warden, and con- tinued as such until 1867, when the institution was leased to Smith & McMillan. This lease ex iring, Dr. *Moore was again made Warden. In 1872, Gov. Lewis appointed Larkin Wdlis, Warden; and in 1874, when Gov. Houston came into power, he appointed the present Warden, Col. Jno. G. Bass, who has con- JO tinued to fill the office until now, with signal credit to himself and profit to the State. The first act authorizing the lessee of the Penitentiary to work the convicts outside the walls, was auproved December 6, 1866. By authority of an act approved March 29, 1873, a farm and mules were purchased by the State, to be used in connection with the Penitentiary — upon which farm so much of the convict labor as could be profitably employed,, was required to be worked. Bonds of the State, having ten years to run and constiuting a lien on the land, were given in payment. The farm is in Elmote county, near the Penitentiary. The farm not proving a success, it was, by act of March 10, 1875, in effect returned to its vendor to keep for eight years, and he given the labor of 100 convicts, free, for that period, on condition of a surrender to the State of the bonds issued to him. The mules and material on the farm were, also, turned over to him, for eight years, without charge. By an act of March 18, 1875, the Warden was authorized to hire out the convicts to contractors, anywhere in the State. Such contracts not to be for a longer term than 5 years, and to be approved by the Grovernor. But the Warden is required to em- ploy as many within the walls as he can profitably. The chief Executive officer of the Penitentiary, is the Warden, who has immediate superintendence and control of the institu- tion. He is appointed by the Governor. There is, also, a Board of Inspectors, which make the rules and regulations of the insti- tution, and is required to visit and inspect it regularly, and report to the Governor. The buildings of the Penitentiary present an imposing and at- tractive front, facing to the east. Extending the entire distance of this front, and 60 feet in width, is a fine yard, enclosed with neat palings, and lined with shade trees. In this yard are handsome summer houses, and cultivated shrubbery, the work of the present Warden, as was, also, the enclosing of the yard. In the front of this yard, and still to the east, lie the garden, stock lots, and rich meadow of the institution, covering about 35 acres of land. The garden is made to produce a superabundance of vegetables for the Prison uses. The walls of the Prison, run- ning back to the west, enclose four acres of ground in a square. This court has, also, been adorned by the present Warden, with shade trees, affd is kept as neat as Madison Square, in New York City. On the west side of this court, is a line of good and sub- stantial brick buildings, in excellent repair, in which are the 71 kitchen, dining room, Deputy Warden's office, chapel, and black- smith and wood shops. A similar line of buildings extends across the north side of the court, in which are the paint shop, granaries, stables, storing rooms, etc. In the centre of the yard, and in excellent repair, is av commodious hospital building, of brick. There are five hydrants connected with the Prison, af- fording a bountiful supply of pure freestone water, conducted by pipes from the cool springs of the mountains, which are near by and overlook the Prison. There are, also, bath and wash-houses. Immediately in rear of the Prison, flows on in ceaseless and me ry ripples, the beautiful Coosa river, whose transparent waters, mirroring the blue skies, eventually lose themselves in the Bay of Mobile. Previous to the administration of Col. Bass, the Penitentiary was a great burden to the State, and had become very much di- lapidated ; but under his efficient management, the institution has been completely re-habilitated, and is now prosperous and a source of much annual revenue to the State. The discipline is humane, but firm j the health of the convicts good, and the es- capes few, when it is taken into consideration how many of the convicts are employed outside the walls by private contractors. When they escape, they are almost invariably re-captured. The penalty for escaping, or attempting to escape, is double the term of the original sentence, to commence at the expiration of the latter. Under the act of March 18, 1875, there is a large and growing demand for convict labor, a large amount of which is em- ployed in the coal and iron mines of the State. The convicts, as a rule, prefer to work out to remaining within the walls of the Prison. The number at work outside the walls on the 30th day of September, 1877, was 577. The amount earned by convict la- bor from all sources under contract during the fiscal year ending that day was $26,471.18, to which must be added I1L7.00 due from the United States for feeding its prisoners. The total expendi- tures during the same eriod, and which included $300 paid for 30 acres of land, amounted to $7,640.25 — showing a balance of re- ceipts over expenditures, of $18,947.93. Add to this, the year's value of the labor of the 100 convicts turned over to Thos. Wil- liams, and being the third yearly installment paid on account of the penitentiary farm purchased from him — $6,000-, the value of labor performed on the Wetumpka Branch Eailroad by con- victs under Warden Bass, at the <^xpense of the State — $2,801.00; and $3,651.35 for permanent improvements made by convict labor within the walls, and it will be seen that the real net income to . . It the State during that fiscal year, from the Penitentiary, was $3i,- 400.28. The total number of convicts in the Penitentiary October 1, 1876, was 520. Eeceived between October 1, 1876 and October 1, 1877, 311. dumber discharged," died, pardoned, etc., during that time, 176. Eemaiiiing in the Penitentiary October 1, 1877, 655. Of the 520 convicts remaining on hand October 1, 1876, and the 311 received between that date and October 1, 1876, 519 were natives of Alabama; 750 colored; 256 were convicted of burglary, 266 of grand larceny, and 96 of murder. Part Sixth. Sketches of the Four Principal Cities of Alabama^ and of Bir- mingham, and Cullman. MOBILE. Mobile is first among the cities of Alabama, in point of area, population, and general importance. It is situated in latitude 30° 42' N., longitude 88° W.; and on the right bank of Mobile Eiver, immediately at the head of Mobile Bay, from which it de- rived its name.* It is, by rail, 180 miles southwest of Mont- gomery, Alabama, and 141, east by north, of New Orleans, Louisiana; and about 30, by water, to the north of Mobile Point, where the Gulf of Mexico begins. The site of Mobile, as originally established by Bienville in 1702, was at the mouth of Dog Eiver, some eight or nine miles to the south of the present city, on the western shore of the Bay ;t but owing to inundations and other causes, it was, in 1711, re- moved by him to where the city now stands.^ The settlement at Mobile was first under the dominion of France, then of Spain, afterwards of England, and finally came under that of the United States. These changes in ownership will account for the varied styles of architecture to be found within the city's limits. Mo- bile was incorporated as a city, by an act of the Alabama Legisla- ture, approved December 19, 1819. It is built on a sandy plateau, only slightly elevated above the level of the ^ea, but sufficiently so for fair natural drainage. The soil consists of a coarse, loose, sand, which absorbs the heaviest rains in a few hours, leaving the streets perfectly dry. The country skirting the river bank, im- mediately to the north of Mobile, and also that to the east of the city for a number of miles, is marshy, and, at certain seasons of the year, malarial ; but on the south and southwest there is a broad sweep to the Gulf, with nothing to obstruct the delightful salt breeze for which Mobile is so noted, and which moderates the summer temperature to an extent sufficient to render the city, at all times, comparatively cool and pleasant, with a ther- mometer below that of many interior cities of much higher lati- *'For origin of the name. Mobile, see ante, p. 5, note. t Pickett's History of Alabama, Vol. 1, p. 191. X Pickett's History of Alabama, Vol. 1, p. 207. 74 tudeS. On the west and northwest of the city, the adjoining country is made up of high, sandy, health-giving pine hills, where pure water is abundant, and malaria unknown ; affording excel- lent summer homes, and inexpensive retreats from the heat and dust of the city during the hot months. The corporate limits of Mobile extend six miles, north and south ; and from two and a half to three, east and west. Its streets, especially those of the more modern portions, are gen- erally wide and well laid off, and lined with beautiful shade trees — the live oak, water oak, magnolia, etc., giving the city a semi- tropical appearance. Flowers and flower gardens abound, and the orange with its sweet blossom and delicious fruit can be seen in many yards. By the Federal census of 1870, Mobile is given a population of 32,034, only; but more recent and caref dly prepared statistics under the supervision of the city's efficient Board of Health, make the population, at present, about 40,000. At one time in the history of Mobile, it had the reputation of being unhealthy, owing to several severe yellow fever visitations ; but later developments in sanitary science by its able medical faculty, has fully demonstrated that this fever never originates in Mobile, and is always imported. A system of quarantine in- augurated on this theory, a number of years ago, and rigidly en- forced during the summer months, has had the effect of keeping the city entirely free of the fever, notwithstanding it has since, frequently raged with violence at other less guarded points on the Gulf and Atlantic seaboards. As a result of this perfect quarantine, which so completely protects the city from a danger once common to all Southern seaports, Mobile is now justly re- garded as one of the liealthiest cities in the Union, as the follow- ing mortality table, compiled by an eminent physician of IsTash- ville, Tenn., will attest : -y . ' While Death Rale Colored Death Rate ^*"**' Population. per I, QUO. Population. per 1 OOP. Memphis 35 000 18.06 15,000 40.06 Chattanooga 7,000 18.60 4,500 20.60 Knoxville 8.000 18.00 5 000 41.00 Richmond 42,830 17 30 32.170 28.13 Dist. of Columbia.. 115,000 19 22 45,000 .47.60 Baltimore 305.000 19 80 45 000 34.42 Mobile 28,000 12 15 12 000 23 18 Seima 3,500 14.28 4.000 18 88 New Orleans 155 000 25.45 55,000 39.60 Charleston 24 528 27 21 32.002 41.96 Nashville 17,509 21.82 9,582 38 50 Average 19.27 33.90 It will be seen from this table, that with the exception of Selma, another Alabama city, and Chattanooga, the aggregate death rate among the whites and blacks of Mobile, is much less than that of either of the other eight cities named — some of which are noted for their healthfulness — as for examples, Knox- ville, and Eichmond, situated, respectively, in Tennessee and Virginia, two of the most salubrious of the States of the Union. As an evidence of the effective protection against yellow fever, afforded by strict quarantine, it may be stated that, during the four years of the war, when all communication with the outside world was cut off by the blockade, Mobile, and the whole Gulf coast, remained absolutely free of the fever, thus demonstrating, beyond reasonable doubt, that it is always imported and never originates in the city. Yet, if by accident, the fever should ever again be brought to Mobile, the increased facilities for avoiding its approach, afforded by the many new lines of railroad, and street railways, leading out of the city to the neighboring safe retreats, will greatly diminish, if not entirely destroy, its force. Mobile is supplied by a system of works, with pure, whole- some water, from the pine hills, in rear of the city ; and lighted with gas, to a large extent manufactured from coal, taken from the immense measures in the interior of the State. The city is divided into eight wards, and governed by a Mayor, Board of eight Common Councilmen, and Board of twenty-four Aldermen— with a full corps of subordinate officials, and an ef- ficient police department. It is, also, the County Seat of Mobile county, and among its public buildings, is a large, commodious, and conveniently arranged county Court-house, just completed, at a cost of over one hundred thousand dollars. The other prin- cipal public buildings in the city, are the Custom House, a massive structure of Massachusetts Granite, containing the United States Post Office, offices of the Collector of Customs, Collector of In- ternal Revenue, United States Land Office, and rooms of the United States Circuit and District Courts; the Municipal Build- ings, containing the principal Markets of the city, the offices of the city officials, and Armory of the First Kegiment Alabama State Troops; the Battle Hause, the principal hotel; Barton Academy, a large and fine public school building; the Medical College of Alabama ; the City Hospital; United States Marine Hospital ; and Providence Infirmary. There are, also, a Theatre, and several other large public halls of amusement; many asylums, both Protestant and Catholic ; and numerous elegant 76 . and imposing church edifices — every religious denomination being fully represented in Mobile. A well equipped Fire Department ; and all the other appliances of an important city, in the way of banks, fire and life insurance companies, newspapers, lodges, club rooms, relief and benevo- lent associations. Boards of Health and Trade, Cotton Exchange, street railways, mills, manufactories, etc., are to be found in Mobile. ° The Shell Eoad, for which Mobile is so celebrated, extending to the south of the city for about seven miles, is a beautiful and exhilarating drive, as it winds along the western and Magnolia fringed shore of the lovely bay. Frascati Garden, on this road, about two miles south of Mobile, immediately fronting the bay, and fanned by its sweet breezes, is the famous pleasure resort of the people of Mobile. Arlington, about one and a half miles farther to the south, on the same road, and facing the bay, is an- other popular resort for the citizens of Mobile. At Arlington, are the extensive grounds of the Agricultural and Mechanical Asso- ciation of Mobile, where are annually held fair and floral exhibi- tions in the spring of the year, which attract hither thousands from the interior of this and adjoining States. Four great lines of railroad radiate from Mobile — the Mobile and Ohio, from Mobile to Columbus, Kentucky, a distance of 472 miles, all under one management; the Mobile and Montgomery, from Mobile to Montgomery, a distance of 180 miles ; the ]!^ew Orleans and Mobile, from Mobile to New Orleans, a distance of 141 miles; and the Mobile and Alabama Grand Trunk, projected from Mobile to Birmingham, a distance of 232 miles, and com- pleted to the Tombigbee river, a distance of 59 miles from Mobile. Fine steamers ply regularly the waters of the rivers emptying into Mobile Bay, going throughout many months of the year, as high as We uinpka, on the Coosa, Aberdeen, on the Little Tombigbee, and Tuskaloosa, on the Black Warrior. Mobile is a Port of Entry and one of the largest cotton exporting cities in the United States -the number of bales of cotton exported from this port, alone, during the season of 1877-78, was as follows : To foreign ports, 164,093; coastwise, 253,000; total, 417,093 bales. Mobile, also, exports largely of naval stores, and this trade has increased rapidly since the war, until it has become one of the leading branch s of its commerce. The pine forests immediately adjacent are very valuable in this, as well as in other respects, and producers are yearly increasing the capacity of their orchards and stills. Timber exporting, and coffae importing, are two other 77 / principal and remunerative features of the city's trade; -while the raising and shipping of early fruits and vegetables to nothern eastern and western markets, is a very lucrative business, owing to the light and productive nature of the soil in the imme- diate vicinity of Mobile. This industry has grown rapidly within a few years past, until it has assumed very large proportions. It invites the attention of, and is sure of reward to, the frugal and attentive gardener. Th-e canning of these fruits and vegetables, also, offers inducements to capital and labor; -as does, also, the can-ning of oysters, which are here found in abundance and of the finest quality. Mobile is, also, noted, and just'y so, for its excel- lent fish market, for here are to b^, had and in unlimited quan- tities, nearly every species of fish. Game, too, abounds— in certain seasons the country being literally alive, with wild duck, deer, etc. Taken all in all, no more desirable city home is to be found in the Pouth, than Mobile; where the climate is equable, the people hospitable, and life supported with much comfort, and, comparatively, little labor. MONTGOMERY. Montgomery, the Capital of Alabama, and Seat of Justice of Montgomery county, is situated near the centre of the State, and on the east bank of the Alabama river, 400 miles, by water, above Mobile. About 20 miles to the north of the city, the Coosa, and Tallapoosa rivers unite, and form the Alabama. This last river, in its sinuous course to the sea, makes a great bend in front of Montgomery, resembling a narrow link or loop, at the southeastern extremity of which is the city. So tortuous is this bend, that the distance around is some twelve miles, while the distance across is not one. Montgomery is located on a steep, wide bluff, running back from the river, and its site was called by the modern Indians, Cimnnanugga Chatty, or, High Red Bluff; and sometimes. Hostile Bluff, from the hostile character of the Indians residing in its vicinity. The site of the present city was unquestionably known to the Mound Builders^ a race of Indians living in the territory of what is, now, the State of Alabama, long anterior to the app ear- Wee of the white man, or even the modern Indians. The existence of these Mound Builders in and around this particular locality, was fully attested by two mounds discovered there by the first white settlers, and remaining to attract the curious, until 1833, when the earth composing them was utilized to make brick for the Planters' Hotel, of Montgomery, and the mounds so obliterat- 78 ed. The larger of these mounds, was about ninety feet square, and twenty-five feet high, and from its summit grew a hickory tree, at least a century and a half old when first seen. There were exhumed from these mounds, when leveled, human bones, arrow heads, trinkets, etc. The modern Indians knew nothing of the building of these mounds, or of their singular builders, the race having disappeared long anterior to the former's appear- ance here. « The Spaniards, under DeSoto, were, probably, the first Euro- peans to catch a glimpse of this locality, as the route of that famous adventurer through Alabama in 1540, doubtless lay near, if not over the very spot, where Montgomery now stands. The next were the French, when, in 1714, Bienville's fleet of boats pushed up the Alabama river to establish "Fort Toulouse," near the site of the present town of Tuskegee, in Macon County, Ala- bama. The English did not visit it until after their occupation of this old fort in 1763. New PhiladelpJiia, by which name the white settlement at Montgomery was first known, was founded by Andrew Dexter, who came from Massachusetts, in 1817, and planted the colony, which grew rapidly and within three years time numbered nearly 500 inhabitants. In 1818, the towns of Uast Alabama, and Ala- bama., were founded in the immediate vicinity of New Philadel- phia ; but the existence of Alabama town was transitory, and its lines soon disappeared. By an act of the State Legislature, approved December 3, 1819, the hitherto rival towns of New PhiladelpMa^ and Uast Alabama^ were incorporated into one, under the name of Mont- gomery, in honor of Gen. Eichard Montgomery, the hero of Que- bec, who fell December 31, 1775, in the attack on that place. By an act, approved, December 23, 1837, Montgomery was chartered as a eity* The removal of the State Capital to Montgomery in 1846, was the most important event in the city's history, and tended most to its advancement. Relying upon its favorable situation, from a geographical stand point, and confident that it would eventually become the seat of the State Government, Mr. Dexter, from the first had reserved and set apart the high and beautiful grounds in the city upon which the capitol buOding now stands, for that pur- pose ; but the generous giver did not live to realize his expecta- tions, for not until some twenty years after his death, was the re- moval effected. * The first steam boat which ascended as high as Montgomery from Mobile, was the Harriet, in 1821 . This boat made the trip in ten days. 79 The original capitol building was soon under contract, the city issuing its bonds to the amount of $75,000 to build it ; and the elegant structure was completed in time for the session of 1846. Unfortunately, this, first, building was destroyed by fire, Decem- ber 14, 1849, and as there was no insurance with which to rebuild, and the city had already exhausted its resources, it was feared for a time that the strong efforts made, just after the fire, to re- move the seat of government would be successful; but they were not, and the Legislature, then in session, by a suitable appropria- tion began the work of rebuilding, and the new, and prese-nt, capitol was soon erected. - Montgomery will always enjoy the distinction of having been the first capital of the Confederate States of America ; for here, February 4, 1861, delegates from six seceding States assembled to organize the Government of that Eepublic ; here its Constitu- tion was adopted in the same year ; and here, February 18, 1861, on the steps of the capitol, J« fferson Davis was inaugurated first President, and Alexander H. Stephens, first Vice-President, of a power which has passed from among the nations of the earth forever, but whose brief existence was like some brilliant meteor, and the record of whose armies is marked with a fortitude and daring, unsurpassed by the trained legions of the great Napoleon or the serried columns of the Iron Duke. Montgomery, in the beauty and changing character of its to- pography, is one of the most attractive cities of the South, and its site is admirably adapted to the wants and capacities of a large city, which it is destined one day to become. It has a sandy soil, with a clay foundation, and its natural drainage is very fine. The streets of the city are ver;^ wide, and handsomely laid out, and al! of them well shaded. Montgomery is noted for the beauty and elegance of its private residences ; many of which embowered in cool groves, arrest attention and suggest a life of quiet repose, and a high order of refinement. Here, too, flowers abound, filling the air with fragrance, and delighting the eye with variety. The health of the city is excellent, and its mortality tables will compare most favorably with those of other cities of the Union. It is exempt from disease, generally, except light malarial fevers in the early fall, superinduced, as a rule, by imprudence in diet, or exposure to the sun. The city is supplied, by a system of new and powerful works, with an abundance of water from the Alabama Eiver ; and lighted throughout with gas, from Alabama coal. 8o By the Federal census of 1870, Montgomery is given a popu- lation of 10,588 ; but nearly a decade has passed since then, and its present population is fairly estimated at 15,000. The city is divided into six wards, and is governed by a Mayor, and Board of twelve Aldermen, two from each ward ; with a com- petent corps of subordinate city officials. It has many extensive public buildings, among which may be enumerated the Temple, Market-house, and Exchange Hotel — the ^-tate Capitol has, already, been mentioned. It has, also, a well-arranged and elegant theatre, and several other public halls of amusement. The town hall in the Market-house, is said to be one of the largest in the South. The various religious denomina- tions are fully represented in Montgomery, by many fine church edifices. The city has an efficient Fire Department, a full com- plement of banks, insurance companies, newspapers, lodges, etc., and several manufactories. Among the last may be mentioned the ice factory, and cotton seed oil oiills. Montgomery's geographical location for trade is not surpassed by any interior city of the State. Within a mile of its corporate limits begin the rich prairie lands on the south, and south-east, which are continuous for twenty-six miles ; while on the east and west, lands of rare fertility approach very near to the city. The railroad system of Montgomery is an admirable one, aud places the city in direct communication with all points, north, east, south and west. Montgomery has in fact, since the war, be come a very important railroad centre ; and there are four ex- tensive lines of railroad leading from the city— the South and North Alabama, to Birmingham; the Western, to West Point, with a branch to Selma ; the Montgomery and Eufaula, to Eufaula; and the Mobile and Montgomery, to Mobile. Fine steamers, also, ply the Alabama regularly between Mobile and Montgomery, making quick trips, and affording excellent commercial facilities. The principal trade of Montgomery is in cotton, and the city received during the season of 1877-78, 106,000 bales. A power- ful compress located in the city, enables much of this cotton to go by rail to larger markets— for examples, Boston, Philadelphia and Fall Eiver. Montgomery has a fine market for the table, which is always abundantly supplied with the delicacies of the season, and living in the city is comparatively inexpensive. It is furnished with fish and oysters from Mobile, Pensacola and Savannah. Like Mobile, Montgomery will afford an excellent Southern home, to those who may seek Alabama, and prefer a city residence. 8i Its people are kind, hospitable, and peaceable, and gladly welcome all who come with an intention to obey the laws and aid in build- ing up the city. SELMA. Selma, a growing and important city of Alabama, is the Seat of Justice of Dallas county, one of the great agricultural coun- ties of the State — a county ranking third in the list in point of population and wealth. The city is situated on a spacious plateau, on the north bank of the Alabama river, one hundred feet above its low water. Selma is about 50 miles, by rail, west of Mont- gomeryj and 308 miles, by water, above Mobile. The founder of Selma, was Thomas Moore, who located there in 1816, aod the settlement was first called Moore's Bluff, but afterwards, the name of Selma was given to it, the original of which is to be found in. Ossian — the Songs of Selma. It was incorporated by the latter name, December 4, 1820. The first brick house erected in Selma was in 1822. In 1850, its population was 2,073 ; in 1860, 3,177 ; and in 1870, 6,484. At present, it is probably 10,000. The removal of the court-house from Cahaba to Selma, in 1866, did much to increase its population and trade. Selma was a very important military depot of the Confederate States, and, during the late war, a large powder mill, extensive nitre works, arsenal, and shot and shell foundry, were success- fully operated there. April, 2, 1865, Selma was stormed and cap- tured by Gen. Wilson, of the United States army, who burned all these works, with much of the business portion of the city. Selma is a very attractive city, both as a place of residence and business, and its future prospects are among the brightest in the State. Wi'h the development of Alabama, will certainly come the growth and material prosperity of Selma, situated as it is in the richest agricultural district of the State, and just below the mineral region, where lie, buried, potent agencies in the building up of cities. The soil of the city, like that of Montgomery, is sandy, and the drainage good. Like Montgomery, too, its streets are wide and well shaded, and present a very attractive appearance. Selma has many fine residences, and handsome public buildings, while the church edifices of the city are numerous and commo- dious. The health of the city is good, and epidemics are never known. The city is well watered, and lighted with gas, manufactured from Alabama coal, taken from the measures just above. The Muni- 82 cipal Government consists of a Mayor, and Board of Councilmen — two from <)ach of the four wards. The city has a well admin- istered Fire Department ; and a full complement of banks, insur- ance companies, and other necessary institutions. Among its manufactories, is the Mathews Cotton Mill, one of the largest and best managed in the ^tate. Selma is admirably situated for trade, and disputes with Mont- gomery the reputation of being the second cotton receiving city in the State -its receipts for the past season,* being about 92,000 bales. To a large extent, it draws trade from the rich prairie and cane- brake counties of Perry, Hale, Marengo, and Wilcox, ap well as from Dallas; and furnishes supplies to a large number of the mineral counties of Alabama, to the north. The lines of completed railroad radiating from Selma, are the Selma, Eome, and Dalton, from Selma to Dalton, Georgia, a dis- tance of 236 miles ; the Alabama Central, from Selma to Meri- dian, Mississippi, a distance of 108 miles ; t and a branch of the Western railroad, connecting Selma with Montgomery, a distance of 50 miles. The projected, but uncompleted lines, are, the New Orleans and Selma, completed to Martin, in Dallas county, a dis- tance of 21 miles ; the Selma, Marion, and Memphis, completed to Sawyers', in Hale county, a distance of 60 miles ; | and the Selma and Gulf, completed to Pineapple, in Wilcox county, a dis- tance of 40 miles. The Selma table market is an excellent one, and supplied, at all seasons, with the necessaries and delicacies of life, to be had at comparatively small cost. The citizens of Selma are law abiding, industrious, and hospi- table; proud of the reputation of their promising city, and anxious to have strangers come and settle among them. HUNTSVILLE. Lying in the beautiful, salubrious, and fertile valley of the Ten- nessee Eiver, in Alabama, which is formed by the southernmost spurs of the Cumberland Mountains — eighteen miles south of the northern boundary of the State, and about ten miles north of the river, is Huntsville, the fourth city of the State. It has an elevation of 692 feet above tide water at Mobile, and is in lati- * Season of 1877-78. t 27 miles of this distance, viz ■■ from Yox-k to Meridian, are over the traols of the Alabama Great Southern Railroad. 1 14 miles of this distance, viz : From Selma t6 the Junction, are overth© track of the Alabama Central Railroad, 83 tude 34<^ 40' 44", Nestling among the hills and mountains of that high region, the city is noted for its picturesque natural beauty and attractiveness, no less than for the historic incidents which have transpired within its limits ; while in massiveness and sta- bility of structure, it compares favorably with any city of its size in the Union. It was settled in 1807, by John Hunt, an East Ten- nessean ; and the tide of immigration which set in immediately, was rapid. The original settlers of Huntsville were, principally, from Tennessee, North Carolina, and Virginia, with some from Georgia. Notwithstanding Hunt was the founder, the first name given the new settlement was Twiclcenham.* In 1811, the name was changed to Huntsville, in honor of its founder.f The town of Huntsville was incorporated in 1811 4 The soil of the valley, in which Huntsville is located, is a rich chocolate-colored loam, with a subsoil of pure, red, clay — very fertile, and producing large and varied crops of cotton, corn, oats, wheat, rye, barley, clover, millet, timothy, blue grass, and red top, and orchard grass, etc.; while the geological formations underlying it, belong to the sub-carboniferous groups of limestone. The health of Huntsville is excellent, while its elevated location and mountain surroundings free it from the enervating heats of some parts of the lower country. The mean temperature through- out the year, is 57° Farenheit -heat in summer 74°, cold in win- ter 40°. In the reported opinion of the War Department, Hunts- ville, in a sanitary point of view, is said to be the best military post in the United States. Within half a mile to the eastward of the city, its summit reached by a turnpike from the city, rises to the height of 1,040 feet above the plain, a mountainous elevation, known as Monte iSawo— a cool refuge during the summer months, with a climate closely resembling that of the northern portion of North Caro- lina, and the valley of the French Broad. The city is laid out in the form of a square, its corporate lim- its extending three-fourths of a mile on either side of the Court- house, as the centre of the square. The general structure of its public buildings is of a character for durability and elegance sel- dom seen in a city no larger ; while its church edifices are very * See Act Mississippi Territorial Legislature, passed December 23, 1809, in Toul- mJTi'a Digest of I^ws of Alabama, page 106. t See Act of Miaaisslppi TeiTitorial Le.gisjature, pasyetl JToVteajiber 25, 1811, fa Tomlmin'B Digest LawB of Alabaraa, pa^ 774. t See Ac* of Mis&issippd Territorial Legislature, passed December 9, ISll, in Toul- min' 8 Digest Laws of Alabama, page 774. As settlemeytts , Mobile and St. Stephens long ante-date Huntsville', but as an incorporated town, it was the first in the State, or rather, Territory, of Alabama. 84 handsome, and costly. The character of its private residences is not inferior to that of its public buildings. The streets of the city are broad, well graded, solidly and smoothly macadamized, and almost exempt from mud and dust, with superior drainage. Among the many natural advantages of Huntsville, may be mentioned the large and famous limestone spring, known as The Big Spring, which issues from under a rocky bluff, 75 feet high, on the top of which is the public square. This spring is said to be the largest in the United States — so large that, in times past, the stream flowing from it was utilized to float to the Tennessee Eiver, boats with a capacity of 50 bales of cotton. Its water, which is clear, cold, only moderately hard, and of excellent qual- ity, is forced, partly by steam, but mainly by its own power, to a reservoir, which supplies the city. The city is well lighted with the best quality of coal gas, made from Alabama coal. The educational advantages of Huntsville are fine, for here are located the Huntsville Female College, and the Eotherwood Home for female pupils, both of long standing and well patronized. Huntsville has three weekly newspapers. It is the county seat of Madison county. The Memphis and Charleston Eailroad, which passes through the city, places it in easy and direct com- munication with the outside world. The population of the city, by the Federal census of 1870, was 4,907 ; but it is, now, fairly es- timated at 6,000. Huntsville has probably given to the State more illustrious names than any other city within its borders, and is indelibly con- nected with its history. It was in Huntsville, that the Conven- tion met in 181 9, which gave to the State its first constitution ; and, here, in the same year, was convened the first Legislature of the newly created State of Alabama. BIRMINGHAM. Birmingham, the county site of Jefferson county, is situ- ated about 30 miles northward of the centre of the State, at the intersection of the Alabama Great Southern, and the South and North Alabama Eailroads, in the midst of what is commonly known as the mineral region of the State. The* former railroad extends from Chattanooga, Tennessee, to Meridian, Mississippi ; the latter is a link in the chain of roads extending from Louis- ville, Kentucky, to Montgomery, Alabama, known as the Louis- ville, and Great Southern Eailroad. 8s About one mile to the southeast of the corporation, lies Eed Mountain, said to be, both as to quantity and accessibility, the most remarkable deposit of iron ore yet known. It extends in a northeasterly and southwesterly direction, parallel with the Alabama Great Southern Eailroad,* for about 30 miles below and the same distance above the city, attaining its maximum depth of ore opposite the latter* place, where it contains several seams of ore averaging nearly 50 per cent, of metal and aggregating about 25 feet of vertical depth. The ores are Eed and Brown Fossilif- erous. Besides these, there are Magnetic and Black Band ores within reach and of easy access. On either side of Jones' Valley, in which Birmingham is located, and which is here about five miles in width, lie to the southeast and northwest, respectively, the Oahaba and the Warrior Coal Fields, both of which are traversed by the South and North Alabama Eailroad. A dozen or more mines are ope- rated near Birmingham, along the latter road ; to say nothing of others off the railroads, which are worked in a rather primitive way, the coal being haul 'd in wagons to market. Another rail- road is soon to be built about six miles westward from Birming- ham, into the Warrior Goal Field, by means of which road, its projectors say, they will deliver the best quality of coal in Bir- mingham for $1.25 per ton. The climate of Birmingham is mild and pleasant. The ther- mometer ranges in summer from about 60° to 90°, while in winter it rarely gets below 20°. The health of the community is excel- lent. Chills and fever or other malarial diseases rarely ever occur. The soil of the country adjacent to the city is well adapted to growing the cereals, grasses, fruits, and vegetables. Much atten- tion has lately been given to fruit raising and gardening, and Birmingham has, in consequence, become quite a market for these productions, much of which being shipped to the Northwest. The unequalled advantages presented by the location for man- ufacturing, as well as for trade, will be apparent to an intelligent mind. The cheapness of all the raw materials for making iron, and of coal for steam purposes, transportation facilities, together with the healthfulness of the climate and fertility of the soil combine to place it in the front rank as a manufacturing centre. In may be proper to mention here, that the early completion of the Mobile and Alabama Grand Trunk Eailroad, from Mobile to this city, is an assured fact, wbich will give the shortest and most direct route to the Gulf. 86 The history of Birmingham dates from July, 1871. Previous to this and before the railroads, above mentioned, were definitely located, the Elyton Land Company was incorporated, and bought up about 4,000 acres of land, immediately surrounding the cross- ing of the railroads, upon which was laid out the present city, after the most approved plan. The new-born city grew and prospered, for a while, but re- ceived a temporary check in 1873. Having taken its second growth, it has recovered itself, and its progress, for the last two or three years, has been steadily upward. Its population is, now, esti- mated at from 3,000 to 3,500. The General Ofaces of the South and North Alabama Railroad are here, audits chief officers reside here. The machine shops, also, of this road are here, giving employment to a large number of thrifty mechanics, many of whom have bought lots, bunt houses, and permanently settled in the city. The General Land Office of the Alabama Great Southern Eailroad, is here, and the Assistant Superintendent of the road, resides here, also. Among its other industries and institutions, are, two flouring and grist mills, two foundries and machine shops, one steam boiler factory, one furniture factory, one planing mill and chair factory, one agricultural implement works, a National bank, a free public school, several well kept hotels, numerous well stocked stores, six churches, and various other institutions which pertain to a prosperous city. The county Court-house located here, is said to be one of the finest in the State. Water is supplied by a well planned and built system of water works, the water being taken from Village Creek, two miles distant, whence it is pumped by a Worthington duplex steam pump, into a reservoir 130 feet above the level of the city. Thence it is distributed throughout the city in mains of sufficient size for fire protection, as well as affording ample supplies for domestic use and manufacturing purposes. When its geographical position, healthful location, commercial facilities, and contiguity to the rich mineral deposits of the State, are all taken into consideration, it will be evident to any one, that the future of Birmingham is bright with promise, and the hopes of its projectors destined to brilliant realization. THE aERMAN TOWN AND COLONY OF CULLMAN. In September, 1872, the South and North Alabama, a link in the great c!iain of Railroads connecting Montgomery, Ala., with 87 Louisville, Ky., was completed and opened to business. Of the lands along its line, granted to the road by Congress, 300,000 acres were placed for .ale, in the hands of Mr. Jno. G. Cullman, an influential German — the founder of the Colony, and in whose honor, it, and the town, were named. On these lands, thirty-three miles south of Decatur, Ala., upon a high and healthy plateau, which seemed as if expressly made for the purpose, Mr. Cullman located the site of his future Colony. His first advertisement, inviting settlers, was in January, 1873, and in February following, five German families arrived and settled there. At this time, the country was all forest, with hardly a house to be seen, and but few inhabitants. ISTow, there are more than six hundred German families residing in the town, and within a circle of ten miles around it, and the whole appearance of things has been com- pletely metamorphosed by German energy, thrift, and industry. The town of Cullman is laid off on the most approved plan, and surveyed into lots of 165x132 feet, each containing half an acre, with streets one hundred feet wide ; has a handsome depot, with telegraph and express offices, and is one of the best and busiest stations on the South and North Alabama Eailroad. It has, also, three good hotels, seven well-stocked stores, one large steam flouring mill, two wagon factories and blacksmith shops, three cigar manufactories, two tanneries, eight saw mills contiguous, one lime kiln and brick yard, two shingle and two barrel manufactories, one furniture factory and planing mill, one fruit canning and dry- ing establishment, one brewery, one livery stable, two weekly newspapers, postofi&ce and money order office, school, Protestant Church, Catholic Church, two beer saloons, a drug store and two good physicians, with butchers, bakers, shoemakers, carpenters, tailors, watchmakers, etc. Surprisingly rapid as has been the growth of the town of Cull- man, that of the Colony has been even more so. Settlements have sprung up as if by magic, and where only wood and waste were seen before, comfortable dwelling houses, stables, barns, etc., are found, surrounded by cultivated fields with good fences, orchards, vegetable, and flower gardens. If among these, the farm of an old inhabitant is seen, the difference in favor of Ger- man labor is apparent at once, and this marked difference has a good effect in stimulating the owner to keep pace with his new neighbor. The climate of this town and colony is said to be the healthiest in the United States, and to this fact is attributable much of its rapid growth and success. Good water abounds, and the site is 702 feet above the sea level, at Mobile. Epidemics are unknown^ and fevers rare. The summers are not oppressive, with cool nights ; the winter's short and mild. Snow seldom falls, and, when it does, quickly disappears. The soU is a sandy loam, vary- ing in depth from six to ten inches, with a sub-soil principally of yellow clay, ' mixed with sand ; very productive, with but little manure. Crops of nearly every variety can be raised on the lands of the Colony, such as corn, cotton, wheat, rye, barley, oats, buckwheat, hemp, tobacco, flax, sorghum, broom corn, sweet and Irish potatoes, hops, mUlet, pea-nuts, clover and other grasses, garden vegetables, etc. Frequently, three crops, in rotation, can be raised in one season. The country is especially adapted to wine growing, as innumerable extensive and flourishing vineyards attest. It is proposed to build a Orape Cure hotel m the town, in connection with a fine chalybeate spring existing there. The Department reports of the United States designate this locality as the finest for fruit culture in the Union. Apples, pears, peaches, apricots, strawberries, and German prunes, are some among the numerous cultivated fruits which grow here in abun- dance; while wild grapes, plums, berries, etc., are to be found in profusion. The woods are abundantly supplied with timber for building and manufacturing purposes ; and there is very fine water power. The Colony is rich, also, in iron and coal, while lead and silver have been found in several localities. New settlers, mostly German, for the Colony is German, continue to arrive almost daily, and the population is steadily increasing. The officials of the South and North Alabama Eailroad, are warm friends of the Colony, and do all in their power to encourage immigration. One hundred thousand acres of land, lying within the limits of the Colony, have lately been disposed of to the CMcago Farm and Town Association, which will materially assist in rapidly peo- pling it. The County of Cullman was incorporated Janury 24, 3877, and was formed out of portions of Blount, Winston, and Morgan counties. The town of Cullman is the county site. There is a printed pamphlet, fully descriptive of this colony, and illustrative of its many social and natural advantages, published by Mr. Jno. G. Cullman, which can be had, free, on application to him, at Cullman, Cullman county, Alabama. Part Seventh. The Water Transportation Lines, and Projected Canals of Alabama. WATER TRANSPORTATION LINES OF ALABAMA. Alabama ranks among the first of the States of the Union in the number, extent, and value, of her magnificent Water Lines. Every section, and nearly every county, of the State, is watered and afforded commercial facilities by some one or more of its navigable rivers ; while the large creeks, and other streams, which flow through and irrigate the soil, are almost innumerable. A single glance at the accompanying map, of Alabama, will verify these assertions. The importance and value to the State of these great outlets, made to hand by nature, and requiring only a small expenditure of time and money to make them po'ent agents in its develop- ment, cannot well be overestimated. Commerce follows the course of navigable rivers by prefer- ence. Between St. Louis and the cities on the Missouri, all the heavy trade is done by river, though a railroad runs parallel with almost its whole length. These cities have been made great by their rivers more than by their railroads, because the former have served both as means of communication with places not reached by rail, and as checks upon the latter. Louisville ships a car load of salt for a certain amount, by rail to Chattanooga, an inland town, at present debarred from river communication. Louisville ships the same car load on one of her rail lines, for the same dis- tance, running parallel with the Ohio river, at one-third the cost of the carriage to Chattanooga, simply because a boat will carry it at that price. If Pittsburg, Cincinnati, New Orleans, St. Louis, and St. Paul, depended on railroads, alone, for the transportation of their heavy produce, their commercial importance would not be what it is to-day. The same causes which have operated on the Ohio river in creating the wealthy manufacturing districts in Ohio and Pennsylvania, exist here, and only need to be brought into activity by the opening of our rivers to produce a trans- formation in the condition of this State similar to that which has taken place, during the last thirty years, on the upper Ohio. 90 To further illustrate of what immense value to Alabama these great water courses will be when properly improved, and to show the relative cost of transportation by water and rail, witn the great advantage of the former over the latter mode, in point of cheapness, it will only be necessary to cite here some statistics, collected by the Chief of the Bureau of Statistics, Washington, D. 0.5 and embraced in his annual report for 1876. This report says : The average cost of moving, by rail, one ton of freight from Louia- ville to Chattanooga, 336 miles, is $3.62, and the average charge for mov- ing one ton the same distance is $5.64 ; while, on the Ohio river, the av- erage cost of transporting one ton of coal from Pittsburg to Louisville, a distance of 600 miles, is only 56 cents, yet the distance is nearly twice as great. And the average cost of carrying one ton of coal from Pitts- burg to New Orleans, a distance of 2,000 miles, is only $1.05. In both instances, the coal is carried in large barges, towed by powerful steam- ers. It is a noted fact, however, that freights have been carried, for long distances, on the New York Central and Hudson River Railroads, in 1875, at 66 cents per ton per mile. But, says the Auditor of the Canal Department, State of New York, 1876: The pending campaign against the water route is unquestionably causing great loss to the roads. Of this fact, we only know what the officers of the roads choose to make public. For the fiscal year, ending September 3U, 1869, the year preceding the reduction in canal tolls, the gross earnings of the New York Central and Hudson River Railroad Company, exceeded the payments, other than for construction, $1,137,- 767.65; and for 1875, the payments, other than for construction, exceeded the gross earnings $1 581 ,654.29. The above rate, 66 cents per ton per mile, is the lowest ever touched in the history of rail freighting, except in temporary exigencies. Yet, at this rate, it would cost $13.20 to carry a ton of coal 2,000 miles by rail. Hence, as Prof. Maury truly said, " it is almost childish to compare the cost of transportation by 'rail versus water.' " Prof Toumey, late State Geologist, in his report on the geological formations of the 8tate, said : The rivers of Alabama, whether we consider them as one of the great physical features of the State, or in an economical point of view, are exceedingly interesting. There is scarcely an extensive and really valuable agricultural tract in the St^te that has nut its navigable stream. The first of these Water Lines is, MOBILE BAY AND HARBOR.* The Bay of Mobile— the great reservoir of South Alabama, * Tor much of the data relating to Mobile Bay, and for its distances and depths, the author is indebted to Maj. A. N. Damrell, U. S. Engineer officer in charge ; under whose very efficient administration nearly all the work tending to its improvement, has been done. 91 is a beautiful expanse of water, and, all things considered, the finest harbor on the Gulf of Mexico. It took its name from the Mobile Indians, who once lived upon its salubrious shores.* It has all the essentials of a good harbor, except great depth, and that can readily be obtained at, comparatively, little cost. The bay is nearly lund-locked, and its Lower Anchorage, twenty-seven milesf south of the wharves at the city of Mobile, with an area of from ten to twelve square miles and an average depth of twenty-two feet,f affords a safe and capacious road- stead for vessels of that draught. It is not subject to tornadoes, and, in it, no vessel was ever lost by storm. For the past thirty years, but one vessel has been dismasted in Mobile Bay, and that was by a water spout. Vessels seldom drag their anchors in it, owing to its fine holding ground, and but few have ever been blown ashore The length of the Bay, from its mouth to the city wharves, is thirty miles. Its width, immediately at its entrance from the Gulf, three and a quarter miles. At its Lower Anchorage, it is from twenty to twenty-two miles wide, and at its Northern extremity not more than eight and a half. From the Lower Anchorage, north, the water shoals, until, at a distance of six miles, it is not deeper than thirteen feet. Pro- ceeding north, for the next eleven miles and until the bar at the Mouth of Dog Eiver, on the western side of the Bay, known as Dog River Bar is reached, there is a good natural channel of twelve and a half feet depth. On this bar, and Choctaw Pass Bar, immediately at the mouth of Mobile river, the natural depth of the water, in the shoalest part, did not exceed eight feet ; but the Government of the United States has just completed by steam dredging, and at a cost of $300,000, a channel over these two bars and to the city, of thirteen feet depth, and from two hun- dred to three hundred feet in width. Vessels, therefore, drawing not more than twelve and a half feet can now pass up, without difficulty, to the wharves of Mobile city; but those of greater draught are still compelled to lie considerably lower in the bay, whUe The Fleet, of heavy cotton and timber ships, lies at the Lower Anchorage. This dredged channel, from the mouth of Dog Eiver, is staked at points with stakes, distinctly visible in the day, and sur- mounted at night with lanterns. * See ante, p. 5, note, t Wherever miles is used in connection with any of the water lines of Alabama, statute miles are meant. X The depths in the bay are all given at mean low tide. The Eiver and Harbor Bill for 1878, appropriated $10,000, for a proper survey of the Bay, with a view of determining the feas- ibility and cost of deepening this already dredged channel to twenty-two feet, and continuing it, at that depth, to the Lower Anchorage. This survey is now in progress, and will be com- pleted, and a Eeport made before the assembling of Congress, in December, 1878. It is believed that $1,500,000 will give such a channel, and that Congress will, at its next session, begin the appropriations, when the work will be promptly inaugurated. With deep water to the city wharves, the removal of the obstruc- tions in the Coosa and Black Warrior rivers, and the completion of the Mobile and Alabama Grand Trunk Eailway from Mobile city to Birmingham, Alabama, Mobile Bay, besides affording the finest facilities for exporting and importing other products, will become a great outlet for the iron and other mineral treasures of North- ern Alabama, and the coaling station for the Gulf Marine. The entrance to Mobile Bay is defended by Fort Morgan, on Mobile Point, and Fort Gaines, on Dauphin Island — the distance across being three and a quarter miles, but the channel through which an enemy's vessel, entering the Bay, would have to pass, is within less than half a mile of the heavy guns of Fort Morgan. There is a Light House on Mobile Point, and another on Sand Island, three and a quarter miles further south, in the Gulf; and the United States Light House Service for the Eighth District, comprising this portion of the Gulf Coast, has its Engineer Headquarters at Mobile. The Mobile Break-water, an exten- sive work for loading and unloading vessels, is located at the Lower Anchorage. MOBILE RIVER. * Proceeding north from Mobile Bay, the second of Alabama's great water lines, is Mobile Eiver; formed by the junction of the Alabama and Tombigbee rivers, about fifty miles north of the city of Mobile, where begins the Delta of the Bay. f This broad, deep, and short river, has, now, depth and width sufficient for all commercial purposes ever likely to be required of it, and over it, without difficulty, passes, at present, the entire traffic of the Al- abama, Tombigbee, Little (or Upper) Tombigbee, and Black War- * For Landings on tlie Mobile River, witli their distances from Mobile, see Al»PENDIX. t The distances on the i-ivers of Alabama, unless otherwise noted, are given as they run, that is, according to steamboat measurement. They have been obtained by care- ful examination of all accessible written and printed data, and by consultation with the best informed pilots, and will be found sufficiently accurate for all general pur- poses. 93 rior, rivers. When the Coosa river obstructions are removed, the commerce of that great water line, from Eome, Georgia, and above, will also seek its natural outlet over this stream ; and if the Guntersville and Gadsden Canal, connecting the waters of the Coosa and Tennessee rivers, is ever completed, the immense trade of the latter great river will, likewise, be directed this way. Mobile river bounds, in a measure, the counties of Mobile and Baldwin, and sweeping by the city of Mobile, empties into the Bay of Mobile, just below the city. ALABAMA RIVER. * This river, considering its length, and, to the State, economic value, is the greatest of the rivers of Alabama, and from it, as has been seen,! the State derived its name. Formed by the con- fluence of the Coosa and Tallapoosa rivers, a little southeast of the centre of the State, the Alabama pursues its sinuous course along the loose, sandy, strata that underlie the rotten limestone of the counties of Elmore, Montgomery, Autauga, Lowndes, Dallas, Wilcox, Monroe, Clarke, and Baldwin, until it tinally mingles its waters with those of the Tombigbee, | about fifty miles above the city of Mobile, and makes the Mobile river. From the confluence of the Coosa and Tallapoosa, to its own confluence with the Tombigbee, the Alabama is, by United States survey, 312 miles in length ; but. the steamboat measurement makes it 420. The Alabama has an average width§ of from 200 to 300 yards throught its entire length, and a depth to Claiborne, in Monroe county, 146 miles from Mobile city, of from six to seven feet; from Claiborne to Montgomery, the depth varies from three to five feet. No effort beyond a partial survey and examination, has, so far, been made to improve the navigation of the Alabama, and it has been left to take care of itself ; but, notwithstanding this neglect, by both the State and general Government, it continues navigable all the year from mouth to source, for steamers of not exceeding three feet draught, and during the late fall, and winter months for those of any draught. The obstructions to very low water navigation on the Alabama, are such as are common to all *For landings on the Alabama river, with their distances from Mobile, see Ap- pendix. t Ante. p. 1. t Prof. Tourney says: The convergence of the Alabama toward the Tombigbee, is the result of that dynamical law, "a. body in motion will follow the line of least resis- tance. ' ' § The width and depths in this river, and the other water lines of Alabama, are given at low water. • 94 our rivers, below the falls, resulting from abrupt bends, sudden widening causing the formation of sand and gravel bars, sub- merged logs which have floated in, over-hanging timber, and now and then the sunken wreck of a steamer, or other water craft. The examination alluded to, and which was made by Assistant Engineer G. B. Yuille, under the direction of Major A. N. Dam- rell, the United States Engineer ofiBcer in charge of this depart- ment, gave results from which it is estimated that it will require $229,741, to remove these obstructions and give a low water channel, all the year, from Mobile to Wetumpka, 4 feet deep, and 200 feet wide ; or $759,773 for such a channel 6 feet deep, and 150 feet wide. A channel of the first dimensions will be amply suf- ficient for all present purposes. The Eiver and Harbor Bill for 1878, appropriated $25,000 for the improvement of the Ala- bama, and it is confidently believed that the appropriations will be annually increased hen after untU the whole work is com- pleted. Eight of the nine counties bordering the Alabama, viz : El- more, Montgomery, Autauga, Lowndes, Dallas, Wilcox, Monroe, and Clarke, are among the finest agricultural counties of the State, containing a large area of cotton and corn producing land, not excelled in the South. The agricultural capabilities of the alluvial bottoms of these counties, along the Alabama river espe- cially, are very great, and food and raiment spring here almost spontaneously. The county of Baldwin, though not so well adapted to agricultural purposes, produces in its immense forests of pine, great quantities of fine rosin, and turpentine, besides affording excellent pasturage for sheep raising, and wool grow- ing. The timber along, or accessible by, the Alabama river, is very heavy, and, owing to its great variety and superior quality, very valuable. On or contiguous to the Alabama, are many important cities and towns, to which the river affords commercial facilities. Steamers rarely fail to ascend the Alabama, regularly, all the year from Mobile to Montgomery. During the season of 1877- 78, Mobile received by the steamers of the Alabama river 52,424 bales of cotton ; and it is estimated that, but for low water, not less than 20,000 bales more, which were diverted by rail to the Atlantic seaboard, would have sought a market in Mobile. This alone will shcfw the vital importanoe to Mobile and the Staie gen- erally, of the early improvement of this great water line. The 95 Principal Landings on the Alabama are, Claiborne, Cahaba, Selma, Benton, Montgomery, and Wetumpka (on the Ooosa). TOMBIGBEE RIVER.* f This is the next| in the scale of the great rivers of Alabama, and it is formed by the confluence of the Little (or Upper) Tom- bigbee, and Black Warrior rivers, in the northern edge of Ma- rengo county, Alabama, about three-quarters of a mile above the city of Demopolis. Flowing southwardly, it waters and affords fine commercial facilities to large portions of the counties of Ma- rengo, Sumpter, Choctaw, Clarke, and Washington, until, uniting with the Alabama 243 miles south of Demopolis, and 50 north of Mobile city, it contributes to make the Mobile river. The Tombigbee, like its great neighbor, the Alabama, has hitherto received but little attention from any source ; but the Eiver and Harbor Bill, for 1878, appropriated $28,000, to be ex- pended partly in improving it, and partly in improving the Black Warrior, one of its feeders. The Tombigbee is navigable all the year, throughout its entire length — in the low water season for steamers of not exceeding two and a half or three feet draught; and during the late fall, and the winter and spring months, for those of any draught. Like the Alabama and other navigable rivers of the State, the obstructions to very low water navigation on the Tombigbee, are the result of abrupt bends, sudden widen- ing causing bars, overhanging timber, sunken logs, and wrecks, all of which are easily and inexpensively removable ; and it is thought the appropriation already secured to that end, will result in much good. The worst obstructions to its navigation in low water, are between Bladon Springs and Demopolis, a distance of 99 miles, and it is estimated that it will require a total of about $21,000 for the work on that part of the river. The lands along this river are noted for their great productiveness, while the heavy and varied timber skirting, and contiguous to it, is of the very best quality. Steamers ply regularly, winter and summer, on the Tombigbee, between Mobile and Demopolis. The number of bales of cotton passing over the Tombigbee and Little Tom- bigbee, and seeking a market at Mobile, during the season of 1877-78, was 79,259. * Name a corruption of Etomba-Igahy , wMcli signified Box-Maker'' s Creek, and was the Indian appellation of a creek which flows into the river at Jones' Blnff, and from which the river took its name. The ci-eek was so-called from the fact, *hat an old cof- fin or cabinet maker lived on its bank^ at Jones' BluJE. ; t For landings on the Tombigbee, with their distances from Mobile, see Aftekdix. t It may be objected that the Tennessee river ranks next after the Alabama ; but, ested by present utility to the State, the Tombigbee is really nest in value. 96 The principal landings on the Tombigbee, are, St. Stephens, Midway (the landing for Bladon Springs), Tuscahoma, and Demop- olis. LITTLE (OR upper) TOMBIGBEE RIVER.* This is one of the feeders of the Tombigbee, and might well be considered but its upper end. The Little Tombigbee has its source high up in I^orth-eastern Mississippi, and its waters, seeking their natural outlet in the Gulf of Mexico, flow south- wardly, and enter the State of Alabama over the western boun- dary line of Pickens County. The principal Mississippi cities on its banks are Columbus, and Aberdeen, both of which are closely connected, commercially, by means of this river, with the city of Mobile. The Little Tombigbee waters and, during about seven months of the year, affords commercial facilities to three very superior agricultural counties of Alabama — Pickens, Greene, and Sumpter; besides a number of Mississippi counties which trade with Mobile. This river is, also, obstructed in very low water by sand and gravel bars, sunken logs, snags, etc. About $10,000, appropriated by Congress, have already been expended in its improvement, partly in Alabama and partly in Mississippi, with good effect. An estimate, basetl on official figures, gives $56,500 as the amount required to improve the Little Tombigbee from its mouth to Fulton, in the State of Mississippi. Another estimate makes the total sum required only $50,000, as follows, $35,000 to remove the obstructions between Fulton and Columbus, Missis- sippi, and $15,000 to remove those between Columbus, Missis- sippi and Pickensville, Alabama. It is, also, estimated that there are not less than 60,000 bales of cotton grown annually above Pickensville, which, with a proper improvement of the Little Tombigbee, would seek a market at Mobile, but which are now diverted by reason of these obstructions in low water. The Eiver and Harbor Bill, for 1878, appropriated $12,000 for the improvement of the Little Tombigbee. The distance from Demopolis to Pickensville, by this river, is 138 miles ; to Columbus, 177 miles ; to Cotton Gin Port, 237 miles; to Fulton, 320 miles. From Demopolis to Mobile, the distance is 243 miles. There is, therefore, a total possible navigation all the year round, via this and the Tombigbee river, from Mobile, Ala- bama, to Fulton, Mississippi, a distance of 563 miles. *ror Landings on the Little Tombigbee., with tlieir distances from Mobile, see Appendix. 97 BLACK WAERIOR EIVEE.* f This is another, and destined in time to become the most im- portant, feeder of the Tombigbee. The Black Warrior is formed by the confluence of two forks — Locust, and Mulberry, which have their sources far up in the northern part of Alabama, extending over a wide area of country. Flowing southwest war dly, and gradually approaching each other, these two forks unite on the dividing line between Walker and Jefferson counties, and make the Black Warrior. Thence, the Warrior continues in the same general course for about 50 miles further, and until it reaches the city of Tuscaloosa, whence its course is more southerly, through or along the counties of Tuscaloosa, Greene, and Hale, until it unites with the Little (or Tipper) Tombigbee, 170 miles below Tuscaloosa, and makes the Tombigbee. Prof. Toumey, late State Geologist, in speaking of this river, says: It will be seen at a glance on the 'map how completely the upper Warrior conforms to the Warrior coal field. Rising on the verge of the Tennessee, it runs rapidly over the coal measures of the basin, which it drains. The fall of the Warrior between its source and Tuscaloosa is nearly 1,000 feet, or 5 feet to the mile, and between the latter place and Mobile, the rivers that unite with the Warrior have a fall of only 161 feet, or 5 inches a mile. It is for this reason that the Warrior river rises, during floods, to the height of 50 feet at Tuscaloosa ; the water being suddenly checked and unable to escape with the rapidity of the rest of its course, accumulates as it reaches Tuscaloosa. Above Tuscaloosa, the Warrior is not navigable for steamers, owing to rocks, rapids, and other, at present, dangerous and im- passable impediments ; and even below, its navigation is totally suspended in low water, by obstructions similar to those in the Alabama, and Tombigbee — that is, abrupt bends, sand and gravel bars, submerged and over-hanging timber, etc. During the high water season, steamers of any draught ascend the Warrior regu- larly from its mouth to Tuscaloosa. Besides the city of Tuscaloosa, the principal landings- on this river, are Candy's, East Port, Finche's Ferry, and North Port, immediately opposite Tuscaloosa. Above Tuscaloosa, in juxtaposition with this river, lie the im- mense Warrior Coal Measures, to reach and develop which, is one of the great works of internal improvement now receiving the attention of the people of Alabama. These fields have an extended area, and are almost inexhaustible ; while the coal dug from them is of a superior quality. * In the language of the Choetaws, this ilver was known as the Tuacaloosee, from two Choctaw words, Thisca warrior, and Loosee, black. t For Landings on the Wanior, with their distances from Mobile, see Appendix. 98 The following extract from a letter of Col. Horace Harding, the EDgineer Officer in charge, under date of May 3d, 1878, and written in reply to one making inquiries, will show what has been done in the way of improving the Black Warrior, what remains to be done, and the valuable results to the State of Alabama to follow its proper improvement : A survey of the Warrior River was made ia the autumn of 1874, from which it was estimated, that to secure a low- water channel between Demopolis and Tuskaloosa, of not less than four feet in depth by eighty in width, would require an expenditure of $151,000, Of this amount, there has been appropriated the sum of $40,000, \iz: $25,000 on March 3, 1875, and $15,000 on August 14, 1876. These appropriations have been nearly expended, during the working seasons of 1875-76-77. The work accomijlished, has been the improvement, more or less complete, of over 30 bars, between Tuskaloosa and Finche's Ferry, and the removal of some 1,800 snags, between Tuskaloosa and Demopolis. There remain in the Warrior, some 60 bars to improve and about 500 sna-ys to take out, to accomplish which the balance of the original estimate will doubtless prove ample. There remains, also, a considerable amount of work to be done on the Bigbee, between Demopolis and Bladon Springs, the cost of which has heretofore been estimated at about $21,000. During the past season (the rivers rising in September), over 100,000 bales of cotton have been taken down the Warrior and Bigbee to Mo- bile. The year before (with low water until January), only 50,000 bales were shipped by these rivers. The freight on the 100,000 bales shipped the past season, ranged from fifty cents to one dollar per bale, and, prob- ably, did not exceed in the aggregate, $75,000. The freight on a like number of bales the year before (one-half having to pay the higher rail- road rates of $2.00 and $2.50 per bale) probably amounted to $150,000. From this, it appears, that the river navigable throughout the cotton season, effects a saving as compared with the river notboatable until Jan- uary, of $75,000 in down freights. There must be, also, a large saving in up freights, so that it is safe to assume that with the river made naviga- ble throughout the year, the whole cost of the contemplated improve- ment might be re-imbursed to the community by the reduced charges on two years business. The effect of the river improvement upon the Mobile coal trade can- not fail to be of vast importance— in fact it will render it easy for Mobile to become one of the chief coaling stations on the Continent. I have had occasion to examine quite minutely into the cost of mining and transporting the Warrior coal, and from all the facts and data that I have been able to gather, I am satisfied that, with a navigable river, coal can be delivered in Mobile Bay at a total cost of not exceeding $2.00 per ton. I feel the more confident that I have not under -estimated in this case, from the fact that coal in barges from the Kanawha river of Vir- ginia was selling in Cincinnati, one month ago, at $1.75 per ton afloat. The price of coal, free on board, in Philadelphia and Baltimore, is, at present, about $3.50 per ton, with little or no profit to the capital invested 99 in the business. At this latter price in Mobile, however, there would be a clear profit of over $1.00 per ton. With the river, below Tuskaloosa, improved so as to be navigable for tugs and barges, the cost of iuauguraticg a coal business would be mod- erate. From 40,000 to 50,000 tous per annum could be mined and trans- ported on an investment of $60,000, and with $1.00 per ton profit on coal, dividends would be from 60 to 70 per cent. The business would increase with the capital, and in a faster ratio, and I estimate, approximately, that 1,000,000 tons, annually, could be handled on an investment of $600,000. That Mobile may do a coal business of this magnitude within a few years, will not be thought an extravagant supposition, when it is re- membered that Pittsburg, alone, uses and ships 9,000,000 tons per annum. The Eiver and Harbor BUI, for 1878, appropriated $28,000* for the improvement of the Black Warrior and Tombigbee rivers. CAHABA RIVER. Emptying into the Alabama, 289 miles above Mobile, and 19 below Selma, is the Oahaba river, which takes its rise far back among the hills and mineral regions of Alabama, in or near the county of St. Clair, and flows down through the great coal and iron counties of Shelby and Bibb, and the rich agricultural counties of Perry and Dallas. The Oahaba, is, now, scarcely nav- igable at all for boats of any kind, though within 30 years last past, steamboats have ascended from its mouth to the town of Oentre- ville, in Bibb county, distant 80 miles. An official survey and ex- amination of the Cahaba, from its mouth to Centreville, has been made, from which it is estimated, that the cost of improving that portion of the river, so as to make it navigable for coal and other flat boats, would be about $40,000 ; or $195,000 to give a steam- boat channel three feet deep at all seasons. There are three bridges spanning this part of the river which it will be necessary to alter before there can be any navigation of it, and the figures given above are based upon having these bridges altered at the expense of the individuals or corporations owning or controlling them. On the lands below Centreville, and contiguous to the Cahaba, about 30,000 bales of cotton are grown annually, which, at present, go elsewhere, but which would be marketed in Mo- bile by way of this river, if it was properly improved. At Centreville, and above, the bed of the Cahaba is composed of hard rock, removable only at great expense. Above Centre- ville, a short distance, lie the extensive coal and iron deposits of the Cahaba fields, a source of immense, but as yet undeveloped * This, of comse, is in addition to the |40,000 heretofore appropriated, and men- tioned in Col. Harding's letter. tore. lOO wealth. Could the river be utilized in the transportation of these mineral treasures, they would add vastly to the resources of the State of Alabama. No survey of the Oahaba, above Oentreville, has been made, and there is, therefore, no reliable data, from which to estimate the cost of improving that portion of it. It seems practicable, however, to reach these fields by a lock and dam improvement of the river, from Oentreville up, at a cost of about $500,000. - COOSA RIVEK.* This beautiful river, whose fertile valley so attracted DeSoto in his famous pilgrimage through Alabama, in 1540, that, after his disastrous battle at Maubila, he entertained the idea of returning to and colonizing it, is formed by the junction of the Oostanaula and Etowah rivers, at B-ome, in Northwestern Georgia. Thence flowing in a tortuous, but generally southwest course, for about one hundred miles, and entering the State of Alabama over the eastern boundary of Cherokee county, it bends gradually to the south, and east of south, through or along the Alabama counties of Cherokee, Etowah, St. Clair, Calhoun, Talladega, Shelby, Baker, Coosa, and Elmore, until it reaches Wetumpka, in the last, whence its direction is southwest, until it joins the Tallapoosa, and makes the Alabama river, 334 miles below Eome. The waters of the Coosa are thence continued southward through the channels of the Alabama and Mobile rivers, 420 miles further, until they empty into the Bay of Mobile — making the total dis- tance from Rome, Georgia, to Mobile, Alabama, by the way of these rivers, 754 miles. The rivers that form the Coosa, or rather the tributaries of those rivers, rise in the basin between the southern extremities of the Blue Ridge, and Alleghenies, in Northwestern Georgia. The Oostanaula, the main tributary of the Coosa, is navigable and navigated by steamers of light draught throughout its entire length, and to a point on the Coosa- wattee, one of its tributaries, 100 miles above Eome. From Eome, southward, as far as Greensport, in St. Clair county, Ala- bama, a distance of 180 miles, the Coosa is navigable and naviga- ted by light draught steamers, carrying the United States Mail, and making, each, two round trips a week. From Greensport to Wetumpka, distant 137 miles still further to the south, the Coosa is entirely closed to navigation. From Wetumpka to the confluence of the river with the Tallapoosa, it is navigable. It will thus be seen, that (as the Alabama is always navigable throughout its * Name derived fi-om the Coosa Indians, once located on its banks. lOI ff length, (with the exception of the 137 miles of the Ooosa between Greensport and Wetumpka) there is continuous navigation, via the Coosawattee, Oostauaula, Coosa, Alabama, and Mobile rivers, from Kome, Georgia, to Mobile, Alabama, a distance of 854 miles, and draining more than 28,000 square miles of territory in Georgia, and Alabama, unsurpassed in richness of soil, and min- eral wealth. To improve the Coosa and render it navigable throughout, thereby making it a most important factor in the grand future development of Alabama, is another of the many great works of internal improvement in this State, now attracting and receiving attention. Prof. Toumey, late State Geologist, treating of the Coosa, in his Eeport on the Geological formations of the State, said : The Coosa, from its rise to Greensport, in Cherokee county, flows along the strike of the rocks, and in. a valley between the strata: it meets with scarcely any obstruction, apd hence the remarkable phenom- enon which it presents of a river navigable for steamboats at both extremities, with the intermediate part an impracticable rapid. It will be seen, that between the places just named, the course of the river is northeast and southwest : at Greensport, it turns directly south, and consequently crosses the edge of the strata, so that where these are hard and indestructible, rapids occur; but where limestone strata are crossed, a level reach is found. This state of things continues for a distance of 180 miles to Wetumpka, where the mica slates of the metamorphic rocks form the first obstruction and head of navigation. **** ** ** ** ** *** Between Wetumpka and the mouth of the Tallapoosa, the Coosa is a beautiful river, with high banks and deep water. At the junction, an acciimulation of gravel takes place, which is the result of the lessening suddenly of the transporting force of the two rivers, by which the ma- terials rolled onward by the streams are arrested in their progress, pro- ducing a bar and serious obstruction to navigation, which can only be remedied by the removal of the cause— that is, by making the streams to come together at a more favorable angle. The obstructions below this are such as are common to all our rivers below the falls, resulting from abrupt bends, sudden widening, submerged logs, overhanging timber, etc. An official survey and examination of this river, with a view to estimating the probable cost of its improvement, was made in 1870,* under the direction of Maj. Walter McFarland, United States Engineer Corps. From this survey and other sources of information, the fol- lowing data has been obtained: The volume of water in the Coosa is ample, at all times, to give a channel of sufficient width and depth for steamers of from 150 to '300 tons burden. The * See printed Report of tlie U. S. Oliief of Engineers, for 1872, pp. 502-307. 161 river is an exceptionally favorable one for improvement, since its mean depth is greater in comparison with its average width than most of the Western rivers, and its banks and channels are generally well defined and permanent. Sand and gravel bars are seldom found, and, when found, easily removed. From Eome to Greenspor.t, the average width of the river is 500 feet in low water, and its average depth two feet, in the same water, in the most shal- low places. Between Rome and Greensport, there are thirteen shoals, some of which have been so far improved, under Con- gressional appropriations, as to permit the passage of steamers with little or no difficulty ; others, though passable by steamers, require more work to remove dangerous rocks, and, by excavations to give more directness to the channel. In some places, wing or spur dams are needed, to confine a greater volume of water to the channel, and thus deepen it. The work, already done upon this part of the river, has proven yery satisfactory, and it is believed that during the year 1878, the river will be freed entirely of ob- structions between Eome and Greensport, and a channel obtained of, at least, an average depth of from two and one-half to three feet, and of sufficient width, all the year. From Greensport to Wetumpka, the river is broken up into pools or eddies of navi- gable water, separated by reefs, shoals, and rapids, sometimes of very great extent, absolutely impassable at low water, and dan- gerous in the best stages by reason of the crookedness of the channel ways and the ragged rocks everywhere to be found along their borders, and in mid-stream, reaching to the surface even where the water is forty or fifty feet deep. The navigable water found between Greensport and Wetumpka is broken up into stretches, varying in length from 600 yards to 6 miles, and varying in depth from 6 to 60 feet. The intervening shoals vary from sin- gle reefs a few yards long in the direction of the current, and ex- tending from bank to bank, to long series of shoals from a thousand yards to 12 miles in length. These obstructions consist almost entirely of rock, very little gravel being found. The av- erage width of the river between Greensport and Wetumpka is from 800 to 1,000 teet. Major McFarland estimated the total cost of improving the river, so as to make it navigable between Greensport and We- tumpka, all the year, for vessels of three feet draught, at $2,340,- 746.75 — seemingly formidable figures, but really insignificant, com- pared with the great results to follow. Besides, this estimate was made in 1870, eight years ago, when labor of all kinds was, at least, 50 per cent, higher than now. I03 The general system of improvement recommended by Major McFarland, consists in tlie formation of slack water navigation over the rapids, by the construction of dams and locks, with one of two short stretches of canal where needed, and the removal from the channel ways of dangerous and inconvenient rocks. To improve the Coosa, Congress, in 1876, appropriated $30,- 000, the greater portion of which has, already, been expended in improving the part between Eome and Greensport ; and the Eiver and Harbor Bill, for 1878, appropriated an additional sum of $75,000, to be used on the same portion of the line. Col. D. S. Priutup, of Eome, Georgia, an accomplished gentle- man, and one who has carefully and laboriously investigated the question of the opening of the Coosa, and the results to follow, in a recent address, before the House Committee on Commerce, said on this subject : The country that would be materially and beneficially aflfected by the proper opening of this great river line by the removal of the obstruc- tions between Greensport and Wetumpka, being a distance of only 137 miles out of the 815 aud upward, now navigable, is that portion of North- west Georgia lying between the Lookout Mountain oii the Northwest, and the line of hills or mountains, embracing the gold belt, on the South- east, traversed by the valleys of the Chattooga, Conasauga, Coosawattee, Oostauaula and Etowah rivers, and Big Cedar Creek, and their tributaries, all whose waters help to form the Coosa, embracing a population of over 175,000, aud an area of at least 6,000 square miles, or 3,840,000 acres of land, which for its productiveness of soil and mineral resources is unsur- passed by any other region of the same extent in the United States ; pro- ducing cotton of the finest grade for uplands, as well as the cereals, to- bacco, and all kinds of fruits. For the production of the latter, the hills and mountains seem peculiarly adapted. Being also rich in coal, iron, manganese, barytese, and other minerals. That portion of Northeast Alabama that would be more or less, greatly benefitted by the improvement of the Coosa river as suggested, is bordered by Raccoon mountain on the Northwest, and the range of hiils or low mountains running parallel with, and distant from the line of the river about 35 miles, on the Southeast ; having a general direction from the Northeast to the Southwest and in Alabama, containing a pop- ulation of about 100,000 upon an area of about 7,000 square miles or 4,480,000 acres of laud ; not taking into this account any portion of the country on either side of the line, traversed by the lower half, or near 400 miles of the river. This section of Alabama is, in richness of soil and mineral wealth, equal to that in Northwest Georgia; partaking much of the same nature, besides having extensive and inexhaustible fields of bituminous coal, from two to ten feet thick, of the very finest quality, and suited to all purposes of manufacturing iron, driving ma- chinery, aud other uses to which this coal is applicable. The coal .fields traverse the whole area in Alabama above described and are imme- t04 diately by the side of extensive beds of iron ore of several varieties and finest qualities, which traverse the same area of country with the coal fields. Sandstone, limestone, fireclay, and other minerals, abound in quantities sufficient to supply all future ages. From a statistical calculation, it is shown that the annual products of these portions of the States of Georgia and Alabama, embraced in the area of country above described, which would be beneficially aflfected by the improvement of the Coosa river, are over 2,125,000 bushels of wheat, 3,500,000 bushels of corn, 250,000 bushels of oats, and over 100,000 bales of cotton; besides live-stock, fruits of various varieties, and other products of the farm, in value equaling over $10,000,000. This is not taking into con- sideration, the products of the mines, such as iron and coal, etc., nor the manufactured articles annually produced, which are very large and ex- tensive. The annual saving to the people along the line of river in having cheap transportation for their surplus products would, naturally, enhance the wealth and prosperity of the country. For want of this great thor- oughfare, millions of dollars worth of the best long leaf pine, a great variety of oak, ash, walnut, cedar, cypress, and poplar, which could be turned into the best lumber, are now reduced to ashes or rot upon the ground. Of the lands along the line of this river, the United States owns millions of acres, in the shape of public lands. The manufacturing interests would, in like manner, be fostered and made prosperous. The Chief Engineer of the Selma, Eome, and Dalton Eailroad, in his report for 1870, incorporated in the report of the United States Chief of Engineers for 1872, treating of the improvement of the Coosa, says : The wonder is, that this work has not been accomplished a long time ago. Indeed, what channel of transportation is better calculated to spread all around, industry, prosperity, and wealth. The Eeport of this Engineer continues : Capital and cheap transportation, only, are wanted to make this sec- tion of the country an immense workshop, capable of giving employ- ment to thousands of mechanics and workmen, and turning out every year millions of dollars worth of products of all descriptions. On the immediate banks of the river, are found heavy and inex- haustible beds of iron ore and all the material necessary for its manufac- , ture— coal, limestone, and fire-proof stone, in the greatest abundance. Judging from the experience of every, country under similar circum- stances, what an immense economical revolution this new channel of communication (with through transportation once opened) must pro- duce in the country at large, and, particularly, in the States of Georgia and Alabama, and those immediately contiguous thereto. The climate of the Coosa valley is salubrious, mild, and temperate ; ita winters of short duration ; its soil rich and productive ; besides the staples, everything in abundance, which is necessary to make living cheap for workman, laborer, and mechanic. This great valley is intersected by a large number of streams which S05 . ^ bever freeze, and on them are a multitude of sites for mills, and factories j with inexhaustible water power, and are destined one day to be the customers and feeders of this great channel. The Eeport goes on to say : It is almost impossible to estimate the increase in the value of these lands, which will be the natural and immediate result of opening the river to navigation. It is fair to suppose, however, that the increase will be many times greater than the amount necessary to pay for all the re- quired improvements. • Prof. Tourney said of the Coosa, in this connection : The navigation of a river, passing through such a country as that through which the Coosa passes, appears to me so important a matter in connection with the prosperity of the State, that its improvement should enter into any scheme of internal improvement devised for its best in- terests. The removal of the obstructions between Greensport and Wetumpka, would permit steamers, from Mobile, to ascend reg- ularly, via the Mobile, Alabama, and Coosa rivers, to Eome, Georgia, a distance of 734 miles ; while the Oostanaula and its tributary, the Goosawattee, would afford them still further navi- gation for a distance of 100 miles above Eome; thus placing an immense area in Alabama and Georgia in immediate communica- tion with the Gulf of Mexico^ and opening up water communica- tion with the extensive coal fields and iron beds of the Coosa valley, TENNESSEE EIVEB. * f This river rises in the southwestern part of the State of Vir- ginia, and flows southwesterly, in a general direction, 280 mUes, to Knoxville, Tennessee; thence, in the same general direc- tion, 60 miles, to Loudon, Tennessee. At this point, it turns at right angles and flows northwesterly, cutting through several subordinate ridges, 24 miles, to Kingston, Tennessee, where it unites with the Clinch river, one of its principal tributaries. At Kingston, the river turns abruptly and runs southwesterly, 110 miles, to the city of Chattanooga, Tennessee. Here, it makes an- other abrupt turn and flows 19 miles, northwesterly, through the eastern arm of the Cumberland Mountains,^ to the Boiling Pot^ * Tennessee is said to be an Indian word, meaning Oreat Bendr-not an inappropriate name for the river bearing it. t The description of the Tennesse river is taken almost literally fi-om the admii-ably drawn Memorial on behalf of the removal of the Muscle Shoals Obstructions, presented for the information of the Government of the United States, by the Commercial Con- vention held at Chattanooga, Tennessee, Decembers, 1877— the author having done little more thau adapt it to tlie recLuii-emeuts of this manual. io6 formerly an obstruction, but now removed. At this point, the river makes a sharp deflection and flows in a tortuous south- westerly direction, 41 miles, to Bridgeport, Alabama ; thence, in a uniform southwesterly course, curving slightly to the westward, 74 miles, to Guntersville, Alabama. Here, it turns at right angles and flows northwesterly, gently curving to the northward, 51 miles, to Decatur, Alabama; thence, in the same course, 10 miles, to Brown's Ferry, the head of the Muscle Shoals group of ob- structions ; thence, in the same general direction, 38 miles, to the foot of Muscle Shoals, one mile above Florence, Alabama ; thence, 34 miles, to Waterloo, Alabama. Here, the river turns gradually and flows northerly, 296 miles, and empties into the Ohio, at Pa- ducah, Kentucky ; making a total distance from source to mouth, of 1,037 miles.* The annual volume of water in the Tennessee is equal to that of the Ohio ; and its average width from KnoxvUle to Padu- cah, is 500 yards. Its average depth is fully three feet from Knoxville to the head of Muscle Shoals, for nine months annu- ally;" and its average depth from Florence to Paducah is fully three feet, the year round. Its banks are high and permanent, and its channel stable and unchangeable. For nearly three- fourths of its length, it flows through silurian and carboniferous formations, therefore, sand and gravel bars are very rarely found. The boatmen who learned its channel forty years ago, have learned nothing new, since. In consideration of these general characteristics, length, width, depth, volume, permanence of chan- nel, and number of miles of natural navigation, the Tennessee ranks sixth in magnitude among the rivers of the I^orth Ameri- can continent. It was adopted, in 1874, by the Senat? Committee on Transportation, from Paducah to Guntersville, as one of the great water lines of the country. It flows through five great States, and binds together all by the ligaments of commerce; and the work of its improvement, therefore, can be no less national in character, tl\an that which guards against national foes. From Paducah to Florence, there is no serious impediment to navigation, as steamboats, of from four t© five feet draught, are plying regularly between these points, the year round. From the Head of Muscle Shoals, steamboats of three feet draught are nav- igating to Knoxville nearly the entire year. Navigation is not, however, restricted above Knoxville. For five months in the year, boats of light draught ascend 125 miles above Knoxville on the Upper Tennessee, 55 miles up the Little Tennessee, 150 miles __— — - — . — ■ , H * The anomalous course of tlxe Tenuessee cannot fail to be lemarkea. 107 up the Clinch, 40 miles up the Hiwassee, 75 miles up the French Broad, and 50 mUes up Powels river, making 395 miles of tribu- tary navigation. Between Brown's Ferry, 10 miles below Decatur, and Florence, a distance of 38 miles, is a group of impediments to navigation, commonly known as the Muscle Shoals, consisting of Elk Eiver, Big Muscle, and Little Muscle Shoals, separated by deep interval pools of navigable water. This section of the river is underlaid by very hard siliceous rocks. This quality has enabled them to resist the abrasion of the water, and has compelled the river to expand suddenly from 1,500 feet to one, two, and three miles in width, to accommodate its maximum flow. Over these ob- structions, navigation is absolutely impracticable, except in seasons of flood, and then only for a few days in the year. Hence, there is no outlet, by an union of northern and western rivers, for the commerce on these upper 1,004 miles of natural naviga- tion, upon streams whose drainage area is equal to 54,000 square miles ; and what should have, long since, been one of the main commercial highways is still throttled at Muscle Shoals. These shoals consist of three parts, separated by intervals of navigable water, as follows, beginning at Florence : Little Muscle Shoals, 5 miles long, and fall of 23 feet. One and one-half miles of deep water at Bainbridge Ferry. Big Muscle Shoals. 14^ miles long, and 84.6 feet fall. Five miles of deep water at Lamb's Ferry. Elk River Shoals, about 9 miles long, and a fall of 26 feet. The remainder of the distance to Brown's Ferry, and in fact from thence to Chattanooga, and Knoxville, a distance of 350 miles, is now navigable by steamers, although certain improve- ments are contemplated at different points along this part of the river, to give still better navigation. The Tennessee Eiver, especially the section crossing Mus- cle Shoals, has been repeatedly and carefully surveyed, with a view to its improvement, under authority of Congress, by Boards of United States Engineers, in 1828, 1830, and 1831 ; by Col. S. H. Long, United States Topographical Engineer, in 1830 ; by Col. James Kearney, United States Engineer, in 1835 ; by Col. Wm. B. Gaw, Civil Engineer, under the direction of Brevet Major-Gen- eral G. Weitzel, Major United States Engineers, in 1867. The es- timates of th3 Engineers for overcoming the Muscle Shoals ob- structions, vary from $1,500,000 in the early reports, to $3,944,967 in Gaw's report to Weitzel, which contemplated more extensive improvements, better adapted to the increased developments of the country, than the former estimates. Walter McFarland, Ma- jor of United States Engineers, in charge of the Tennessee Eiver improvement in 1872, made a careful survey of the Muscle Shoals group of obstructions, and arrived at a conclusion, as follows : "The scheme proposed by the Board of Internal Improvements, 1831, cannot be improved upon, for the passage of the Muscle Shoals ; and the work now remaining to be done, in order to carry it out, is to put the old canal in good condition, to construct the canals around Elk Eiver Shoals and Little Muscle Shoals, together with the basins proposed for connecting them with the South shore." He estimates the entire cost to be from $2,128,500 to $3,676,000, according to the width and depth of the canal and width and length of the lock chambers. The latter amount is the estimate for the trunk of a canal lOO feet wide at the surface, 6 feet deep, and locks 60 feet wide, by 300 feet between the mitre sills. The improvement consists in enlarging and repairing the old canal, which was built about forty years ago, and which failed and fell into disuse, because it could not be approached in low water from either direction, on account of • Elk E-iver Shoals above, and Little Muscle Shoals below. The present plan of improvement, includes the improvement of these shoals, as well as Big Muscle Shoals, the latter being the only portion of work in progress at present, except at Colbert and Little Muscle Shoals. The present condition of the work at Muscle Shoals is as fol- lows : At Little Muscle Shoals, work has been commenced looking to the improvement of this part of the obstruction, by excavating the reefs, and building spur dams at certain points, to check the velocity of the current, and give the necessary depth of water at all points. A temporary dam, 1,400 feet long, has been built across the head of the north chute, to keep the water out whUe the work is going on. After the excavation is com- pleted, this dam wUl be removed and a permanent stone dam will be built across the south chute, to throw as much water into the new channel as may be required. The length of time required to complete this part o^ the im- provement will necessarily depend very much upon the stage of water during the working season ; but with average good luck in this respect, it is expected that one year's work will give a good depth of channel, and that two, or at most three, years will finish all the dams and make the imxjrovement complete and permanent. At Big Muscle Shoals, the work consists in rebuilding and enlarging the old canal, built more than 40 years ago, by the State I09 of Alabama, from the proceeds of the sale of public lands do- nated for the purpose by the General Government. This canal was from 60 to 70 feet wide, with 17 locks, 32 feet wide and 118 feet long, with an average lift of 5 feet. The new canal will have only 10 locks. They will be 60 feet wide, and 300 feet long in the chamber. Eight of these locks are under contract. Two of them are nearly completed and a third is about half done. The contractor for the other five is just commencing work. The locks are all to be founded upon the rock, and to be made of heavy blocks of cut stone and rubble, laid in hydraulic cement. The canal trunk is to be from 70 to 100 feet wide at the water line, and 6 feet deep, excepting at extreme low water. About seven and one-half miles of the canal have been enlarged and completed, leaving seven miles yet to be done. At Elk EiVER Shoals no work has been done, but a recent survey, made with a view to locating the works required for this improvement, indicates that a very great saving of expense can be effected by taking the south side of the river, utilizing certain natural channels and at the same time avoiding a troublesome crossing of Elk Eiver. The estimate for improving Muscle Shoals, as submitted by Major Walter McFarland, in his report for 1873, was $4,003,000 5 of which amount there has been appropriated at various times, $1,035,000, but of this latter sum about $454,000 have been ex- pended upon Muscle Shoals, and $260,000 at other points on the river, leaving a balance of $321,000 to pay for work under exist- ing contracts. The sum still to be appropriated is, therefore, $2,968,000, of which, the Eiver and Harbor BUI, for 1878, appro- priated $300,000. It is estimated, that not more than two-thirds of the unappro- priated balance will really be required, in consequence of reduc- tions already made and to be made.* As to the time yet needed to complete the improvements. Major King says : "There is every reason to believe that the work can be completed within about three years from the time adequate appropriations are available." The territory whose natural outlet to the commerce of the * Major King, the United States Engineer Officer at present in charge of this work, says, he is very sure a saving of at least $1,000,000 can be realized on the older esti- mates, -without slighting the work, though considerahle of siich saving would be the effect of lower prices for laijor and material than when the first estimates were sub- mitted. Major King's opinion that the gi-oss estimate for the work at the shoalg was too large is important to be observed, as he is the officer under whose charge most of the money has been expended in that locality, and he has already made large savings by modifying the old plans in some instances and abandoning them in others. ' no country is cut off by the obstructions at Muscle Shoals, comprises some 56,000 square miles, embracing North Alabama, part of Mid- dle Tennessee, all of East Tennessee, and portions of Georgia, Virginia, and North Carolina. The soil, for the most part, is rich and productive, and the staple agricultural products are cotton, and the cereals. The lands in the Tennessee Valley, particularly those in Ala- bama, are capable of producing in great abundance, but they are not worked to their best advantage, on account of the lack of transportation to market, which the improvement at the Muscle Shoals would supply. The Valley is well timbered with white, red, and post, oak, ash, " hickory, locust, birch, cherry, gum, black walnut, maple, red cedar, holly, beech, white and yellow poplar, yellow and long leaf pine, and several other kinds, of not much value. In the Valley of the Tennessee river, especially in Alabama, iron, coal, and other minerals, are found in immeasurable quantity, only awaiting development by the proper improvement of the river, to add their stores to the general wealth. The coal fields of Alabama cover an area of over 5,000 square miles, and it is es- timated that at least one-third of this area would find an outlet for the products of its mines by the Tennessee river, if improved. This coal is all bituminous, and of a fine quality, and with an open river the lower cities on the Mississippi would never suffer from a deficient supply, as is now often the case, for the Tennessee river never freezes up. Marble, roofing slate, building stone, lead, copper, etc., are to be found in large. quantities all along the valley of the Tennessee, as yet comparatively undeveloped, for the want of cheap transpor- tation. Here, too, most favorable locations are to be found for the erection of furnaces, and other manufactories. The climate of this Valley in Northern Alabama is admirably adapted to all kinds of industrial pursuits. In fact, it is said to be the most equable and pleasant in the whole South, and so genial that wheat is ripe for the harvest by the time the green blades in the North- Western States emerge from the snow. Along that portion of the Ten- nessee which flows through Alabama, no particle of ice is ever seen upon its bosom. Here, stock (and it is a very fine stock raising country) can graze all winter, thus saving the farmer the cost and labor of providing for it; while the rigors of a North- Western winter compel him to house and feed his stock for six months out of the twelve. Here, there is hardly a day in the year Ill when the farmer cannot till his ground, while the Korth- Western farmer has only six months in the year to work his land and pro- vide for the six bleak and inhospitable winter months, when all out door labor is suspended. Here, too, the Malaga grape, the fig, and the pomegranate flourish in the open air — a climate with- out the rigorous winter of the North, or the feverish summers of the extreme South : a land with every educational and social ad- vantage ; wise and humane, but impartially enforced laws ; fertile soil ; pure air ; and abundant water ; inviting and awaiting imigra- gration — offering happy homes to the millions who may come to seek them. THE CHATTAHOOCHEE RIVER.* Strictly speaking, this is a Georgia river, as, for more than one hundred miles, its western bank marks the eastern boundary of Alabama; but, being of considerable importance, commer- cially and otherwise, to several of the counties of the South- eastern portion of this State, it, not improperly, deserves some mention here. The Ohattahoochee has its rise in Northwestern Georgia, and flowing southwai dly, along the eastern line of the Alabama coun- ties of Chambers, Lee, Eussell, Barbour, and Henry, crosses the Florida line and empties into Appalachicola river ; whence its waters are conducted, through the channel of that stream, into Appalachicola Bay. It is navigable, for steamboats of moderate draught, to Girard, in Eussell county, Alabama, opposite the city of Columbus, Georgia; at which latter place, its fine water power is utilized by many large cotton mills, and other manufacturing establishments. Above Girard, its ascent is obstructed by im. passable rapids. A large portion of the country along the Chattahoochee, is very fine — possessing a mild climate, and offering superior in- ducements to immigrants, seeking locations for agricultural and manufacturing purposes. From Bainbridge, Georgia, down, exist immense, and almost inexhaustible forests of beautiful pine, cypress, and cedar, in their virgin state, awaiting the axe and saw. Fine cotton and corn lands, also, lie along this river. A survey of the Chattahoochee, below Columbus, Georgia, with a view to its improvement, was made, under authority of * The word Chattahoochee means Bedstone, and is derived from two Creek word^, Charia, a atone, and Uchee, red. So called from the bright -colored stones, paving its bed. 1? 112 ^ Congress, in 1871,* from which, it was estimated, that the sum of $464,000 would give unobstructed navigation throughout the river, from Columbus, to its mouth, at Appalachicola, at all stages of water, and insure the efficacy, and permanence, of the improvement. Of this amount, about $90,000 have been appro- priated and expended on the work, giving very favorable results. In addition to this sum, the Eiver and Harbor Bill for 1878, ap- propriated $10,000, for the improvement of the Chattahoochee. The obstructions consist of shoals, rapids, bars, snags, overhang- ing timber, sunken wrecks, etc. THE CHOCTAWHATOHEE, ESCAMBIA, AND SIPSEY RIVERS. The Ohoctawhatchee is a small river, emptying into Choc- tawatchee Bay, Florida, and navigable for steamers as high as Geneva, in Geneva county, Alabama. This river has been sur- veyed, under authority of Congress, and the cost of its improve- ment estimated at $34,332. Of this amount, $15,000 were ap- propriated and expended prior to 1878, and the Eiver and Harbor Bill for 1878, appropriated an additional sum of $10,000 for the improvement of the Ohoctawhatchee. The Escambia, of which the Conecuh is the upper prolonga- tion, rises somewhere in Bullock county, Ala., and empties into Pensacola Bay. It is not, at present, navigable, but Congress, at its last session (1877-78), directed the Secretary of War to cause to be made surveys, and estimates of the cost of its improve- ment — so, also, of its tributaries, the Conecuh and Patsaliga. The Sipsey is a tributary of the Little Tombigbee, into which it empties at Vienna, in Pickens County, Ala. It takes its rise north of Fayette Court-house, Fayette County, .Ala., at a point distant nearly two hundred miles, following the meanderings of the stream, from its mouth. This river has never been surveyed, nor have any steps been taken tending to its improvement, by the General Government, and it is not navigable, at all, for steam- boats; and, for keel-boats of any kind, only a short distance. Private enterprise on the part of those living near, has accom- plished something in the way of opening the river to navigation, for light draught steamers to Fayette Court-house, but much re- mains to be done. It is estimated that, upon being opened, 10,- 000 bales of cotton would annually seek a market in Mobile, over its waters. , It flows through a country well adapted to agriculture, and * See Rep. U. S. Oh. Eng. (1872), pp. 63-64, and Appendix to same, pp. 584 and 623. "3 rich in stone, timber, and coal, only waiting- development and a market. Earges, laden witli coal, frequently come out of the Sip- sey during high water, and are floated to Mobile. PEOJECTED CANALS OF ALABAMA. GUNTEBSVILLE AND GADSDEN CANAL. The town of Guntersville is located in Marshall county, Ala- bama, on the left bank of the Tennessee river ; while the town of Gadsden is in Etowah county, Alabama, on the right bank of the Coosa river. It is proposed to connect these two points, and the waters of their respective rivers, by a canal, to be. known as the Guntersville and Gadsden Canal. A survey to this end was made, under authority of Congress, in 1871 *, which resulted in an estimate of $9,518,467.00, as the cost of such an improvement. The canal, upon which these figures are based, is to be 50J miles long, 56 feet wide at bottom, 70 feet wide at top-water, 5 feet least depth of water, 2 tow paths 8 feet wide on top, 2 feet above water surface, and locks 120 feet long between gates, and 30 feet wide. No work has ever been done on this canal, beyond the survey mentioned. SQUAW SHOALS CANAL. Squaw Shoals are in the Black Warrior river, about 25 miles above the city of Tuskaloosa, and it is proposed to build a canal around them, of 3^ miles in length, to reach the immense mineral deposits of the Warrior coal and iron fields. The estimated cost of such an improvement, is $175,000. To render such a canal effective, however, it will be necessary to improve the Warrior both below and above the Shoals, and the estimate for this work, based on official surveys, is : Cost of improving the Warrior from Tuskaloosa to Muscle Shoals -. $192,000 Cost of improving same from the Shoals to Mulberry Fork 64,000 Total $256,000 To which add cost of Muscle Shoals Canal 175,000 And we have, as a total for the entire amount,. $431,000 No work has been done on this canal, beyond the suB^vey. THE TENNESSEE AND TOMBIGBEE RIVEES CANAL. Several years ago. Congress authorized a survey to ascertain the feasibility of connecting the waters of the Tennessee and Little Topibigbee rivers, by a canal, via. Big Bear Creek. The report was unfavorable, making the cost of such a canal $1,705,- 312 ; and that even this amount, would give a navigable water way for not more than four or five month of the year. No work has been done on this canal, beyond the survey.f * See Keport United States Chief Engineer, (1872) p. 60, and Appendix thereto, p. 620. t For an account of Muscle Shoala Canal see ante. pp. 105-111, Tennessee River. Part Eighth. Tlie Railroads of Alabama; and the Postal, Telegraph, and Ex- press Facilities of the State. THE RAILEOADS OE ALABAMA. Besides the great rivers, and other natural means of commu- nication mention d in part seventh, Alabama has Twenty-four Railroads, entering or traversing her territory, with a total length of Completed Main Line, of Eighteen Hundred and Nineteen miles, as follows : Name. Miles Com. Main Line in Ala. Alabama Central *...........„. 81 ^ Alabama Great Southern f..... 244 % ^ East Alabama and Cincinnati 22 Memphis and Charleston.... ...156 Mississippi, Gainesville, and Tuskaloosa §...... 14 Mobile and Alabama Grand Trunk... 59 Mobile and Girard..... 85 Mobile and Ohio,. 60 Mobile and Montgomery , 180 Montgomery and Eufaula 80 Nashville, Chattanooga, and St. Louis 24 Nashville and Decatur...... 26 New Orleans and Mobile , 41 New Orleans and Selma 21 Pensacola ||... — Savannah and Memphis. 60 Selmaand Gulf 40 Selma, Marion, and Memphis 60 Belma, Kome, and Dalton 171 k-^outh and North Alabama.... .182 Southwestern ^ — Tuskegee...... 5 Vicksburg and Brunswick , 21 Western of Alabama .•187—1819 miles Of this number, about one thousand miles have been con- structed since the close of the war, in 1865. When all the railroads, within her borders, are fully completed, * Formerly, Selma and Meridian. t Formerly, Alabama and Chattanooga, or, Stanton Road. X Fractions of all the roads omitted. § Known as tlie Oainesville Branch, of the Mobile and Ohio. II This is a Florida Railroad, connecting Pensacola, Florida, with Pensacola Junc- tion, in Alabama, on the Mobile and Montgomery Railroad. Only one-tenth of a mile of the road's length, lies in Alabama— in Escambia county. IT This Is the Southwestern of Georgia, with its principal Terminus at Columbus, Georgia, and havingjlmt four-fifths of a mUe in Alabama— In Barbour county. ^ "5 as originally projected, the State will have a total length of main line of, about, Twenty-Eight Hundred and Fifty Miles. The estimated value of the railroad property in Alabama, as assessed for State taxation in 1877, was : Maiu Track $ 8,952,221.47 Side Track 266,090.54 Rolling Stock 1,309,748.42 Total $10,528,060.43* Which, at seven-tenths of one per cent., the present rate, yields an ad valorem^ yearly, revenue to the State of $73,696.42 — or nearly one-eleventh of the amount required annually to meet the current expenditures of the State Government, and pay interest on the State debt.f Treating of these roads, in the alphabetical order in which they have been mentioned above, the first is ; The Alabama Central Eailroad. This was, originally, the Alabama a^id Mississippi, and, afterwards, the Selma and Meridian Eailroad. It connects Selma, Alabama, with Meridian, Mississippi —a distance of 108 miles. Its own track extends, only, from Sel- ma to York, in Sumpter county, Alabama, where it connects with the Alabama Great Southern Eailroad. Thence to Meridian, a distance of 27 miles, its trains, at present, pass over the latter line; but the Alabama Central has, now, under construction, and to be completed in October, 1878, an extension of its own from York to Lauderdale, a station on the Mobile and Ohio Eailroad, in Mississippi — distant 14 miles. When completed, its trains will use the track of the Mobile and Ohio Eailroad from Lauderdale to Meridian, distant 18 miles, under a contract for 25 years. Geologically, the line of the Alabama Central, in Alabama, passes through the cretaceous formation ; and the soil along it, west of Selma, and to Demopolis, consists of rich black prairie. From Demopolis to York, the soil is prairie, interspersed with sandy. Some of the finest cotton and corn producing lands, of the State, are traversed by this road ; and it passes, for many miles, through the fertile Cane-brake region of Perry and Maren- go counties, in Alabama. Its line is generally straight, with few grades, and light curves. Its total length lies in Alabama — Selma being the eastern, and York the western terminus. Its connec- tions are, at Selma^ with the Selma, Eome and Dalton, Selma and Gulf, Western of Alabama, New Orleans and Selma, and Selma, *It is but fail- to add, that these figures do not represent one-third of the actual cost of this property. t The disbursements on these accounts, for the fiscal year ending 30th September, 1878. are estimated, by the State Auditor, at $852,752,60. Sfe his Report for 1877, Exhibit I. > ->■ , -^ ii6 Marion, and Memphis Eailroads, and the Steamers of the Alabama river ; at Marion Junction^ with the Marion Branch Eailroad, to Marion, Alabama; at Uniontown, with the Mobile and Alabama Grand Trunk Eailroad ;* at BemopoUs, with the Steamers of the Tombigbee, Little Tombigbee, and Black Warrior rivers ; at Yoric, with the Alabama Great Southern Eailroad. The General Offi'ces of the Alabama Central are located at Sel- ma. It is in first-class running order, fully equipped, and in ac- tive operation, with through daily freight, and passenger, trains, each way. The road was completed, and in operation, from Selma to Uniontown prior to 1860 ; but the part between Uniontown and York was constructed during the war.f The Alabama Great Southern Railroad. This was, originally, the Northeast and Southwest Alabama Eailroad, out of which grew the Alabama and Chattanooya Eailroad, by Act of the General Assembly of Alabama, approved October 6, 1866. In 1877, its bondholders, most of whom were English, were put into possession by compromise with the State, and re-organized the road, giving it the name it bears at present. It runs, diagonally, across the State, from northeast to south- west, and connects Chattanooga, Tenn., with Meridian, Miss., a distance of 295 miles ; of which, 244 lie within Alabama. From the Mississippi State line to York, and for a short distance north of Eutaw, the geological formation is the Cretaceous ; thence, to Tuscaloosa, the line passes through the Post-Tertiary. A short distance above Tuscaloosa, it penetrates the great Warrior coal basin. Skirting this, it proceeds to Birmingham, where begin the rich iron deposits of the State. Thence, north, to the State line, it runs through a region abounding in coal, iron, and other valuable economic materials. From Tuscaloosa, north, the road passes almost entirely through a succession of valleys. Its max- imum grade is 52 feet a mile, and its maximum curvature 3"^. Some of the soils along the line of this road, notably in the War- rior bottom between the Warrior river and Tuscaloosa, and in the valleys north of Tuscaloosa, are very fertile, and produce largely of cotton, corn, wheat, and other grains. The Alabama Great Southern traverses what is known as The Hill Country of Alabama — probably the healthiest and best adapted to immigra- tion and colonization in the United States ; where happy homes await the millions of toiling subjects, apprenticed to the spindles of the Old and New Wojlds.| * When completed, t For Stations and Distances on this road, see Appendix. \ A valuable pamphlet, entitled, The Hill Country of Alabama, fully descriptive of the country lying along the upper portion of this road, has just been published, un- der the auspices of thj^ Railroad Company. Price one shilling. "7 The portion of this road between Meridian and York, was completed and in operation prior to the war, and a large amount of grading done on other parts of the line ; but the great body of the work has been done since 1866, and the last spike was driven May 15, 1871, at a point ten and three-quarter miles south of Tus- caloosa. The road has, still, a large number of acres of fine agricultural and mineral lands for sale, at prices within the means of all. Its General Land Office is at Birmingham, Alabama. Its General Offices are at Chattanooga. The road has been embarrassed very greatly since its comple- tion, by vexatious litigation, but, happily, it has, at last, gotten out of the vortex of the courts, and is now being put in first-class order, and thoroughly equipped, when it will be one of the most useful roads in the State. It is in active operation, with daily through freight and passenger trains, each way. Its Connections are, at Chattanooga, with the Nashville, Chattanooga, and St. Louis, the Western and Atlantic, the Bast Tennessee, Virginia, and Georgia, Railroads, and the Steamers of the Tennessee river; at Attala, with the Gadsden Branch Railroad ; at Birmingham^ with the South and North Alabama Railroad ; at Tuscaloosa, with the Steamers of the Black Warrior river ; at York, with the Ala- bama Central Railroad; at Meridian, with the Mobile and Ohio, and Yicksburg and Meridian Railroads.* The East Alabama and Cincinnati Railroad. This is one of the uncompleted railroads of the State. It is projected to con- nect Opelika, in Lee County, Alabama, with Guntersville, in Marshall county, Alabama, on the Tennessee river. ,It is com- pleted and in active operation, with daily trains, from Opelika to Buffalo, in Chambers county, Alabama, a distance of 22 miles. All the work on this road has been done since the war. The East Alabama and Cincinnati, when fully completed, will run through the Metamorphic region of the State, until it reaches Calhoun county, where it will enter and cross, diagonally, the great Coosa coal and iron beds. Thence it will continue through rich mineral lands to Guntersville, its northern terminus. The General Offices of this road, are at Opelika, Alabama. Its Connec- tions are, at O^eliTca, with the Western Railroad of Alabama, and its Columbus Branch, and the Savannah and Memphis Railroad, t The Memphis and Charleston Railroad. This is a link in the extensive chain of railroads connecting Memphis, Tennes- * For Stations and Distances on tlais road, see AppeSdix. t For Stations and Distances on this road, see Appendix. ii8 see, with Charleston, Bouth Carolina. The portion of this road between Tuscumbia and Decatur, was the first constructed in Alabama — 1832-33. The Memphis and Charleston Railroad spans the State from east to west, and runs through the famous, and fertile valley of the Tennessee river, in Alabama, embracing some of the finest farming, and grazing lands in the State. Geo- logically the line, in Alabama, passes through the mountain lime- stone district. Of its total length of 310 * miles, 156 lie in Ala- bama. It has only one Alabama branch — that connecting Florence with Tuscumbia, f and known as the Florence Branch. Its Connections, in Alabama, are, at Tuscumbia, with the Florence Branch; at Decatur^ with the Louisville and Great Southern Railroad, | and Steamers of the Tennessee river ; at Stevenson^ with the Nashville, Chattauooga, and St. Louis Railroad. The Memphis and Chattanooga Railroad is fully equipped and in active operation, with daily through freight and passenger trains each way. General Of&ces, Memphis, Tennessee. § The Mississippi, Gainesville, and Tuscaloosa Railroad. This is what is known as the Gainesville Branch of the Mobile and Ohio Railroad. It was projected to connect Karkeeta, a station on the latter road, in Mississippi, with Tuscaloosa, in Alabama ; but is completed and in active operation, with daily trains, from Narkeeta to Gainesville, in Sumter county, Alabama, only, a dis- tance of 21 miles. Its entire length, in Alabama, is in Sumter county, through which, it runs in a diagonal direction, from West to East ; affording the people of that section, short, but reliable, means of communication with the rest of the country. || The Mobile and Alabama Grand Trunk Railroad. This is another of the uncompleted roads of the State ; but destined, when fully completed, to be one of the most important and valu- able in Alabama. It was projected to extend from Mobile to Bir- mingham, Ala., and so connect the Gulf of Mexico with the min- eral regions of this State, by the shortest line and lowest grades, thus making Mobile the great coaling station for the steam marine of the Gulf. Another object of its projectors, was to form a link of the shortest possible railway line between JSTew York and New Orleans, -and, in addition, open up a fertile section of Alabama to *Tliis is the distance between Memphis and Chattanooga. t The distance between these two points is 5 miles. t This line extends from Montgomery, Alabama, to Lonisville, Kentucky, and is made up of tlie Louisville and Nashville, Nashville and Decatur, and South and North AlabamaEailroads— all consolidated \inder one management, and operated under the name of the Louisville and Gj-eat Southern Eailroad. § For Stations and Distances on this road, see appendix. II For stations and Distances on this road, see appendix. it9 the commerce of Mobile. The Mobile and Alabama Grand Trunk Eailroad was incorporated by an act of the General Assembly of Alabama, approved February 23, 1866 ; and the first ground was broken north of Three-mile Greek, in Mobile county, in Septem- ber, 1870. It is completed from Mobile to the Tombigbee river, a distance of 59 miles. Its total length, when completed to Birmingham, will be 232 miles ; and estimated total cost, $5,000,- 000. West of the Tombigbee, the line runs on an elevated plateau, and, opposite Jackson, in Clarke county, curves east- wardly, and crosses the Tombigbee. Then it will continue in a northeasterly course up the valley of Bassett's Creek for 35 miles, along an inclined plane of easy grades, to the dividing ridge between the Tombigbee and Alabama rivers. Cutting through this ridge, it will traverse the fertile post-oak and cane- brake regions of Marengo and Perry counties, in Alabama, and thence run over a rugged and broken country for a few miles to the the valley of the Cahaba river, and, strike the. mineral bed, about, 180 miles from Mobile. For the next 50 miles, to Birming- ham, the road will traverse the richest mineral region in North America, abounding in coal, iron, marble, etc. — inexh^iustible in quantities and easily accessible. Great interest is manifested in the early completion of this road, and steps are now being taken which, it is confidently be- lieved, will result in its immediate construction. Its General Offices are at Mobile ; and its only Connections are at that point, with the Mobile and Ohio, Mobile and Montgomery, and New Orleans and Mobile Eailroads, and the Steamers of the river, f The Mobile and Girard Railroad. — This, in alphabetical order, is the fourth of the uncompleted railroads of the State. It is intended to connect Girard, in Eussell county, Alabama, with Mobile ; and is completed from Girard to Troy, in Pike county— a distance of 85 miles. Its General Offices are at Columbus, Ga. ; and its Connections are, at Columbus^ with the North and South Georgia, the Southwestern of Georgia, and the Western of Ala- bama, Eailroads, and the Steamers of the Chattahoochee river ; at Union Springs, with the Montgomery and Eufaula railroad. It is in active operation to Troy, with daily trains.* The Mobile and Ohio Railroad.— This is one of the great completed lines of the State, and connects Mobile, Alabama, with Columbus, Kentucky, a point on the Mississippi river, distant from Mobile 472 miles. * For Stations and Distances on this road, see Appendix. t For Stations and Distances on this road, see appendix. 120 The Mobile and Ohio Eailroad was incorporated in the yeai* 1848: the several States through which the projected road was to pass granting charters respectively — Alabama, February 3d ; Mis- sissippi, February 17th; Tennessee, February 28th; and Kentucky, February 26th, of same year. The first steps to consider the feasibility of building the Mobile and Ohio railroad, were taken at a public meeting held in the city of Mobile, January 11th, 1847 ; the object being, as then set forth, to develop a fine timber and agricultural region, and to connect the Ohio and upper Mississippi Valley with the Gulf of Mexico — opening up a trade through Mobile with the West India and South American ports, and with the commerce of the Pacific by railway across the Isthmus of Tehuantepec. The first ground was broken at a point about twenty-five miles from Mobile, in the month of October, 1849, and from that time the work was pushed as rapidly as practicable; but owing to unavoidable delays in procuring funds, the road was not com- pleted until the 22d day of April, 1861, when, with appropriate ceremonies, the last bar of iron was laid, at a point about three miles north of Corinth, Mississippi, thus completing the entire line between Columbus, Kentucky, and Mobile, Alabama — W. J. D. Baldwyn, Esq., the projector of the road, driving the last spike. The cost of the 486 miles of road (472 main line and 14 Colum- bus branch), exclusive of interest, was $11,965,097.89, or $24,619.50 per mile — including machinery, rolling stock, and general and incidental expenses. The length of the road, exclusive of side track, is : Main Line — Mobile to Columbus, Ky 472 miles. Gainesville Branch — Narkeeta to Gainesville 21 " Columbus Branch — Artesia to Columbus, Miss 14 " Starksville Branch — Artesia to Starksville 11 " Aberdeen Branch — Muldon to Aberdeen... 9 " Total lerjgth of road 527 miles. Of the foregoing, the length of main stem in Alabama is sixty and sixty-six one hundredths of a mile. The country through which the road passes, for almost the entire distance, is of the secondary alluvial formation, with but very little rock, and that of the softest kind of limestone and sandstone. Its surface is moderately undulating; the highest point being about 500 feet above tide water at Mobile. The maxi- mum gradient, going south, does not exceed 30 feet to the mile ; or north, 40 feet. The maximum curvature (with one or two exceptions of one additional degree) is three degrees. i2i The soil for nearly three-fourths of the entire line is excellently adapted to agriculture, being fertile to an exceptional degree, and capable of very varied products. The greater part of the lands owned by the Mobile and Ohio Eailroad, which are for sale, lie in the States of Alabama and Mississippi, and are well watered and wooded, being mostly covered by forests of the long leaf yellow pine, which, besides furnishing timber of especial value, produces naval stores in abundance. The climate is healthful and pleasant, and the soil is excellently adapted to the cultivation of fruits and vegetables; and, with care, other crops peculiar to this latitude can also be successfully cultivated. These lands wUl be sold in lots' of forty acres and upwards, and to actual settlers concessions will be made. For any further particulars in regard to them, application may be made to Capt. A. S. Gaines, Land Commissioner, Mobile, Ala. The Mobile and Ohio is in active operation, and one of the smoothest, and best equipped railroads in the United States ; with daUy through freight and passenger trains, each way. Its . General Offices are at Mobile, Ala. Its Connections in Alabama, are, at Mobile^ with the Railroads centering there, and the Steam- ers of the Mobile river.* The Mobile and Montgomery Railroad. This road is completed, and connects Mobile, with Montgomery— the capital of Alabama. Its total length is 180 miles, all in Alabama. It was made up by a consolidation of the Alabama and Florida Eailroad, extending from Montgomery to Pollard, with the Mobile and Great Northern Railroad, extending from Pollard to the Tensas river. The act of the General Assembly of Alabama, authorizing the consolidation, was approved August 8, 1868. By an act of the General Assembly, approved February 25, 1870, an extension of the Moi)ile and Montgomery Railroad from Tensas to Mobile, was authorized. At that time, steamers connected its Tensas terminus with the city of Mobile. This extension was soon un- der contract, and the work executed with but little delay. Geologically^ the line runs through the Tertiary formation, un- til it arrives just above Greenville, in Butler county ; thence to Montgomery, it passes through the Cretaceous. For the first 20 miles out of Mobile, to Tensas and immedi- ately above, the line passes through a continuous swamp, and over several large rivers, spanned by an extensive, and durable, * For Stations and Distances on this road, see Appendix. I2l system of bridges and trestling; built since 1870, at a cost of more than $1,000,000, and a masterpiece of railroad engineering. For the next 130 miles, it runs through light sandy pine woods, in which are large areas of yellow pine timber, and many produc- tive turpentine orchards. Thence, to Montgomery, 30 miles, the line traverses rich, black, prairie lands — very fertile, and well adapted to corn and cotton. The Mobile and Montgomery is a link in a grand chain of rail- roads, connecting New Orleans with New York. It is thoroughly equipped and in active operation, with daily through freight and passenger trains, each way. Its General Offices are at Montgom- ery, Alabama ; and its Connections are, at Mobile, with the other Eailroads entering that city, and the Steamers of the Mobile river ; at Pensacola Junction, with the Pensacola Eailroad ; at Montgom- ery, with the several Eailroads radiating from that centre, and the Steamers of the Alabama river.* The Montgomery and Eufaula Railroad. This line con- nects Montgomery with Eufaula, Alabama, a distance of 80 miles. Geologically, its entire length is in the cretaceous formation of the State, and for 40 miles, next east of Montgomery, it passes through rich black prairie and cane-brake lands, well adapted to the production of cotton, corn, sugar cane, etc. Throughout the rest of the distance to Eufaula, the soil is sandy. It connects at Union Springs, with the Mobile and Girard Eailroad ; and at JEu- /aula, with the Central Eailroad, <.'f Georgia, the Vicksburg and Brunswick Eailroad, and the Steamers of the Chattahoochee river. The Montgomery and Eufaula Eailroad is extensively used by winter visitors to Florida, from the Northwestern States ; and is the shortest line from Louisville, Cincinnati, St. Louis, Chicago, and other points in the West, to the land of Flowers. The road is well equipped and in active operation; with daily through freight and passenger trains, each way. Its General Offices are at Montgomery, Alabama. The Montgomery and Eu- faula Eailroad was incorporated by an act of the General Assem- bly of Alabama, approved January 13, 1860. Work on it was be- gun at Montgomery, in 1860 ; but th6 war put a stop to its further construction. Work was resumed after the war, and the road was completed in 1872— the last spike being driven in that year, at Eufaula. f The Nashville, Chattanooga, and St. Louis Railroad. This road is completed, well equipped, in active operation, and * Tor Stations and Distances on this road, see Appendix. I For Stations and Distances on tMs road, see appendix. 123 is a link in a chain of roads connecting the points named. Only 24 miles of its length lie within Alabama — in Jackson county. Its Connection, in Alabama, are, at /Stevenson, with the Memphis and Charleston ; and at Bridgeport, with the Jasper Branch Rail- road. * The Nashville and Decatur Railroad. This is another completed railroad, and connects Nashville, Tennessee, with De- catur, Alabama, a distance of 123 miles ; of which, only 26 miles are within Alabama. The Nashville and Decatur is one of the three roads forming the consolidated Louisville and Great Southern Railroad, connecting Montgomery, Alabama, with Louisville, Kentucky, a distance of 490 miles ; the other railroads going to make up this consolidated line, are, the Louisville and Nashville, and the South and North Alabama. The Alabama Connections of the Nashville and Decatur Rail- road, are, at Decatur, with the Memphis and Charleston, and South Alabama Railroads,* and the Steamers of the Tennessee river, t The New Orleans and Mobile Railroad. This road con- nects the two points named, and is fully completed and equipped, and in active operation, with daily through freight and passenger trains ; each way. It is 1 41 miles in length ; of which, 41 miles lie within Alabama. It was incorporated by an act of the Gen- eral Assembly of Alabama, approved November 24, 1866; and the first ground was broken, at Mobile, May 19, 1868. • The ap- pointments of this railroad are first-class in every respect, and with its smooth road bed and track, it is probably one of the finest roads in the United States. In Alabama, it passes through the drift formation ; and the lands lying along its line, are light, sandy, and well timbered with valuable pine. Its General Offices are at New Orleans. Its Connections in Ala- bama, are all at Mobile, with the Railroads of that city, and the Steamers of the river.| The New Orleans and Selma Railroad. This is an un- completed railroad, and was projected to connect Selma, Ala- bama, with New Orleans, Louisiana. Its proposed line runs through the Alabama counties of Dallas, Wilcox, Marengo, Clarke, Choctaw, and Washington, crossing the projected Mobile and Alabama Grand Trunk Railroad, in Marengo county, and intersecting the Mobile and Ohio Railroad at the Mississippi :^ For Alabama Stations on this road, see appendix. t For Stations and Distances on this road, see appendix. X For Stations and Distances on this road, see Appendix. 124 State Line; thence it passes in a direct southwesterly course through the States of Mississippi, and Louisiana, to New Or- leans. It is completed, and in active operation to Martin, in Dal- las county, Alabama, 21 miles out of Selma. Its General Offices are at Selma, Alabama; and its only Connections are with the Eailroads entering that city, and the Steamers of the Alabama river. This road had its inception after the war.* The Pensacola Railroad. Thijs is a Florida railroad, con- necting Pensacola, Florida, with the . Mobile and Montgomery Eailroad, at Pensacola Junction — distant 44 miles from Pensacola. Only one-tenth of a mile of its length is within Alabama — in Es- cambia county. Its General Offices are at Pensacola. The Savannah and Memphis Railroad. This road is, also, uncompleted. It was projected to connect Opelika, in Lee county, Alabama, with a point on the Memphis and Charleston Eailroad, in Colbert county, Alabama ; and so form a link in a chain of roads, to extend from Savannah, Georgia, to Memphis, Tennessee. The proposed line of the Savannah and Memphis passes in a Northwesterly direction from Opelika, through the Alabama counties of Lee, Chambers, Tallapoosa, Coosa, Talladega, Shelby, Jefferson, Walker, Winston, Franklin, and Colbert, crossing, suc- cessively, the Selma, Eome, and ^Dalton Railroad, in Talladega county, and the South and North, and Alabama Great Southern Eailroads, in Jefferson county. It is completed and i*n operation, to Goodwater, in the north- eastern edge of Coosa county, 60 miles out of Opelika. Its Gen- eral Offices are at Opelika, where are its only Connections, viz : With the Western of Alabama, and East Alabama and Cincir^nati Eailroads, and the Columbus, Georgia, Branch of the Western.f The Selma and Gulf Railroad. This is another uncom- pleted railroad of Alabama ; and has, also, had its inception Since the war. It was projected to connect Selma, Alabama, with the Gulf of Mexico, at Pensacola, Florida. When completed, it will intersect the Mobile and Montgomery Eailroad, at Pollard, in Es- cambia county, Alabama, and thence, run down that line, 6 miles, to Pensacola Junction, where it will connect with the Pensacola Eailroad, leading to Pensacola. This road is completed and in active operation to Pineapple, in Wilcox county, Alabama, 40 miles south of Selma. Its General Offices are at Selma ; where it connects with the Eailroads diverging from that city, and the Steamers of the Alabama river. | * For Stations and Distances on this road, see Appendix. t For Stations and Distances ontliis road, see appendix. i For Stations and Distances on tliis road, see appendix . The Selma, Marion, and Memphis Railroad. This road was originally projected to extend from Selma, Alabama, . wa. Marion, Alabama, to Memphis, Tennessee ; but it is completed and in operation to Sawyers, in Hale county, Alabama, only a distance of 60 miles from Selma. It has had its origin since the war, and is well known as the Forrest Boad^ from the fact that General Forrest, the famous Confederate cavalry leader, was its first, and very active. President. ^ The General Offices are at Selma, Alabama, where it connects with the other Eailroads, and the Steamers, of that city. * The Selma, Rome, and Dalton Railroad. Called, also, the Blue Mountain line, from its skirting the base of Blue Moun- tain, in Calhoun county, Alabama. It was originally known as the Alabama and Tennessee Rivers EaUroad ; and was designed to form one of a chain of railroads connecting the Alabama river at Selma, with the Tennessee river at Chattanooga. It was pro- jected and partly constructed (the portion in Alabama, out from Selma), before the war ; but has been completed since, when it was given the name it bears at present. This line extends in a northeasterly and southwesterly direction from Selma, Alabama, to Dalton, Georgia, via. Eome, Georgia, and is 236 miles in length, of which 171 miles lie within Alabama. Geologically, its line runs through the Cretaceous, and Post Tertiary formations in Al- abama, until it reaches Shelby county, where it enters the Silu- rian and Devonian ; thence, it continues through the last forma- tion until it leaves the State — passing from Shelby county north- ward, through a section of Alabama abounding in mineral wealth. Along the Selma, Eome, and Dalton Eailroad, are a number of extensive iron furnaces, and locations where coal is largely mined. So, also, are to be found along this road extensive lime kilns, which supply the State with a very superior quality of lime, manufactured from the lime rock to be found in that section in great abundance. The Selma, Eome, and Dalton Eailroad is in good order, with a good, hard, smooth bed, and is well equipped. It is in active operation, with daily through freight and passenger trains, each way. Its Alabama connections are, at Selma, with the Eailroads, and Steamers, of that city ; at Galera, with the Southland North Alabama Eailroad. Its General Offices are at Selma, Alabama, t The South and North Alabama Railroad. This raUroad extends longitudinally through the State, and connects Mont- * For Stations and Distances on this road, see appendix. X For Stations and Distances on this road, see appendix. 1^6 gomery, Alabama, with Decatur, Alabama. It is a link in a great chain of railroad running from Montgomery, to Louisville Ken- tucky — known as the Louisville and Great Southern Eailway. The length of the South and North Alabama Eailroad, omitting fractions, is 182 miles — all lying within Alabama. Geologically, the line passes through the Cretaceous and Post Tertiary forma- tions in Alabama, until it reaches Shelby county, where it enters the Silurian and Devonian ; thence, it passes through the Carbonif- erous, to Decatur. This Eailroad, like the Alabama Great Southern, and Selma, Eome, and Dalton Eailroads, also, traverses the rich mineral regions of the State, and along its line, are several large furnaces, and many extensive coal and iron mines. The South and North Alabama Eailroad was projected before, but has been built since the war. It is one of the smoothest and best equipped railroads in the South, with an excellent and du- rable bed, and is in active operation, with daily through freight and passenger trains, each way. It has one Branch Eoad — the Elmore Branch, from Elmore Station to Wetumpka, Alabama, a distance of 6 miles, just completed, and over which trains pass daily. This branch was built by convict labor^ from the Alabama Penitentiary, and at the expense of the State, to afford greater facilities to that institution. The General Offices of the South and North Alabama Eailroad are at Birmingham, Alabama ; and its Connections are, at Montgomery, with the Eailroads and Steamers of that city ; at Elmore Station, with the Elmore Branch Eailroad to Wetumpka; at Calera, with the Selma, Eome, and Dalton Eailroad ; at Birmingham, with the Alabama Great Southern Eailroad ; at Decatur, with the Nashville and Decatur, and Mem- phis and Charleston Eailroads, and the Steamers of the Tennessee river.f The Southwestern Railroad (of Georgia.) This is a Georgia railroad, extending from Columbus to Cuthbert, Georgia, and having only four-fifths of a mile of its length within Alabama, in Barbour county. The Tuskegee Railroad. This is a short railroad, connect- ing Chehaw Station, on the Western Eailroad, with Tuskegee, in Macon county, a distance of 5 miles — projected and built since the war. The Vicksburg and Brunswick Railroad. This is an un- completed raUroad. It was incorporated January 23, 1867, and projected to connect Eufaula, Alabama, with Meridian, Missis- sippi, via Troy, Greenville, and Camden, Alabama. At Meridian t For Stations and Distances on tills road, see Appendix. 127 it was designed to connect with the Vicksburg and Meridian, and at Bufaula with a road to Brunswick, Georgia, on the Atlantic coast. This road is built and equipped and in active operation, with daily trains to Clayton, the county site of Barbour county, 21 miles from Eufaula. Its General Offices are at Eufaula, and its only Connections are at that point, with the Montgomery and Eufaula, and Southwestern (of Georgia) Eailroads, and the Steam- ers of the Chattahoochee river.* The Western Railroad (of Alabama.) This railroad ex- tends from Montgomery, Ala., to West Point, Ga.; with a branch from Montgomery to Selma, 50 miles,* and one from Opelika, to Columbus, Ga., 29 miles. The part, between Montgomery and West Point, was formerly known as the Montgomery and West Point Eailroad. The Connections of the Western Eailroad are, at Selma, with the Railroads and Steamers of that city ; at Mont- gomery, with the Eailroads and Steamers of that city ; at CJiehaw, with the Tuskegee Eailroad ; at OpeliJca, with the Savannah and Memphis, East Alabama and Cincinnati, and the Columbus Branch Eailroads ; at West Point, Ga., with the Atlanta and West Point Eailroad ; at Yongshoro, with the Chewacla Eailroad, at Colum- bus, Ga., with the Southwestern Eailroad, and the Steamers of the Chattahoochee river. Geologically, the line of this road, in Alabama, passes through the Cretaceous formation to near Che- haw ; thence to Kotasulga, the formation is of the Post-Tertiary -, and thence to West Point, of the Metamorphic. The maximum grade of the Western Eailroad is 56 feet to the mile, and the max- imum curve 5 °. Various black prairie, light-loamy, and rolling red soils occur along its mam stem and branches, well adapted for agricultural purposes. The Western Eailroad is, also, well equipped and in active operation, with daily through freight and passenger trains, each way. General Offices, Montgomery, Ala.| THE POSTAL FACILITIES OF ALABAMA.§ Up to June 1, 1878, there had been established in Alabama, 970 Postoffices,|| and to this list new ones are constantly being added. At that date, of the other Southern States Arkansas had 731, Florida 271, Georgia 890, Louisiana 388, Mississippi 618, North Carolina 1,298, South Carolina 543, Tennessee 1,232, Texas 1,116, Virginia, 1,590, West Virginia 829. * For Stations and Distances on this road, see Appendix. t Built since tlie war. X For Stations and Distances on this road, see Appendix. § CarefuHy compiled fi-om the United States OflScial Postal Guide for July, 1878. II For Alphabetical List of these Postofflces, see Appendix. 128 Of the 970 "offices in Alabama, 57 are Money-Order offices.* Cullman and Eufaula are, also, German International Money-Order offices ; Huntsville British and Swiss ; and Mobile and Montgom- ery British, Canadian, German,'°^Swiss, and Italian. Mobile has Free Delivery, with six Letter-Oarriers. Landings on the eastern shore of the Bay of Mobile have daily mail service by steamer, from Mobile City. Landings on the Mobile, Alabama, Tombigbee, Little Tombigbee, and Black Warrior Elvers have semi-weekly service, by steamers from Mobile City — Tuesdays and Saturdays. Landings on the Coosa river are served from Rome, Georgia, by steamers — semi-weekly. There is no lack of mail facilities throughout the State, and every section is regularly and satisfactorily served. Tampering with the mails is rarely heard of in Alabama, and losses seldom occur. THE TELEGRAPH AND EXPRESS FACILITIES OF ALA- BAMA. The lines of the Western Union Telegraph Company ramify throughout every section of the State, while the Southern Ex- press Company has routes over all the railways in the State- thus affording the people of Alabama ample and in every way re- liable Telegraph and Express facilities. The employes of the tele- graph company are skillful and attentive; while those of the ex- press company are honest and competent. Exj)ress robberies or peculations by express officials never happen in Alabama. * For Alpliabetical List of Money-Order offices in Alabama, see Appendix. Part Ninth. Outline of the Geology of Alabama.* BY EUGENE A. SMITH, PH. D,, STATE GEOLOGIST. I. GEOLOGICAL SUEVET. HISTORICAL SKETCH. From the Eeport of Progress of the Geological Survey, for the year 1874, we make the following extracts : The first systematic examination into the geological structure of the State of Alabama, was begun in 1847 by Michael Tuomey, then Professor of Mineralogy, Geology, and Agricultural Chemistry, in the University of Alabama. It was made the duty of that officer, at his appointment, " to spend such portions of his time, not exceeding/owr months in each year, in ex- ploring the State in connection with his proper department, as the Trus- tees may consider for the advantage of the State." Reports of this survey were made to the Board of Trustees, and ex- tracts from the same, which were thought to be of general interest, were published in the Tuscaloosa newspapers. The interest excited by these published extracts, led to the passage by the General Assembly of the State, in January, 1848, of resolutions appointing Professor Tuomey Geologist to the State, and requiring him to lay before the General Assembly the full reports of his geological sur- veys and explorations. The expenses of these explorations were borne by the University, and the report upon them was submitted to Governor Collier, in Decem- ber, 1849, which report was published at the cost of the State in 1850. Professor Toumey continued his explorations, the University of Ala- bama still bearing the expenses of the survey, until the passage by the General Assembly, in 1854, of "An act to provide for a geological and agricultural survey of the State," by which the Governor was authorized to appoint a State Geologist, and the sum of ten thousand dollars, ex- clusive of the salary of the State Geologist, was appropriated for the purpose of employing assistants and defraying the incidental expenses of the survey. * Written expressly for this Hand-Book. I30 Professor Tuomey received the appointment of state Geologist, and early in 1854 took the field, in company with E, Q. Thornton, Esq., his assistant. Other assistants in field work, were Oscar M. Lieber, Esq., and W. Echols Hollowell, Esq., and in January, 1855, Dr. John W. Mal- let was appointed Chemist to the survey. In the autumn of 1855, the second biennial report was submitted to the Legislature, and ordered to be printed. The printing of the report was delayed from various causes : Professor Tuomey's death occurred in March, 1857, and upon Prof. Mallet devolved the duty of superintend- ing the publication of the report, which appeared in 1858. Since the termination of the war, the attention both of Alabamians, and of citizens of other States, has been directed to the vast wealth of our natural resources. The development of this hidden wSalth was naturally looked to as as one of the most important factors in the prob- lem of the restoration of the prosperity of the State. The changes in the system of labor, and in the relations of the laborer to the land- owner, consequent upon the decisions of the war, lessened very ma- terially the profits of agriculture, which, until 1865, and even a few years later, was almost the only great industry within the limits of the State. Before our citizens had learned to adapt themselves to the new order of things, many a disastrous failure had fallen upon them. Discouraged by these repeated failures, many have looked for other fields in which to invest more profitably their labor and capital. The immense coal and iron deposits of Alabama could not long escape notice, and demands for the two Geological Reports of Prof. Tuomey were continually made by men desirous of investing in the iron and coal lands. These reports have for some years been very scarce, and I believe are not now to be had. Attempts have been made to induce the General Assembly to re- publish them ; but without success. Many private surveys have been made by companies ; but the reports of such explorations have not been always at the service of the people. Under these circumstances, it will not excite surprise that the Board of Regents of the University, at their meeting in June, 1871, passed an ordinance requiring the Professor of Mineralogy and Geology in the University to devote as much time in travelling through the State in making collections and examinations in Geology, as was consistent with his duties at the University. Under this ordinance some field work was done, and at the meeting of the General Assembly, in 1872-73, a bill was passed and approved by the Governor, April 18, 1873, appointing Dr. Eugene A. Smith, Professor of Mineralogy and Geology in the University of Alabama, State Geologist ; requiring him to make annual reports of the results of the survey ; and to make collections of specimens illustrative of the Geological, Mineralogical, and Ag- ricultural features of the State, one suite of which was to be de- posited in the Cabinet of the University of Alabama, at Tusca- loosa, a second suite in the Cabinet of the Agricultural and Me- chanical College, at iluburn, and a third suite in th6 oflioe of the Commissioner of Industrial Resources, at the Capitol. To carry out the work of the survey, an appropriation was made, of $3,000, to purchase chemical apparatus, wagon and team, camp equip- ments, etc., and an annual sum of $500, was voted to pay the travelling and incidental expenses of the Geologist during such time as he might be engaged in the field work of the survey. Since the passage of this act, the three months of the summer vacation of each year, have been devoted to the field work, three reports of Progress have been published, suites of specimens have been collected and deposited at the University and at the Agricultural College. The ofiace of Commissioner of Industrial Resources having been abolished, no specimens have been deposited at the Capitol, in Montgomery. It will be seen that the total expense to the State of this survey, with the exception of that for equipments, and for the printing of the annual reports, is the sum of $500, annually. In a State which depends, or which will in the future depend, so greatly upon its mineral wealth for its prosperity, this sum is a mere pittance. The financial embarrassment of the State at the time of the institution of the survey, due to years of misrule, prevented a larger appropriation. Now, however, with the return of prosperity, there is no reason why a sum of money should not be expended on the survey, in some way commensurate with the importance of the interests to be furthered by it. II. GENERAL GEOLOGICAL FEATURES AND SUB-DI- VISIONS. Geographically we may divide the State into two sections, dif- fering very greatly from each other in area. The first, or Northern section, belongs to the great Mississippi Valley, its drainage being by the Tennessee and its tributaries into that river. It includes the valley of the Tennessee in North Ala- bama. The second or Southern section includes the rest of the State, the drainage of which is into the Gulf through the waters of the Chattahoochee, Choctawhatchee, and Alabama rivers and their tributaries. Geologically^ there are three tolerably well defined divisions, viz : The Northern, the Middle, and the Southern. The first of these includes the first geographical division given above, together with the greater part of the Warrior coal fields, and it belongs to that great table land lying to the north and northwest of the area of uplifted strata which make up the sec- ond or middle division. This middle division is merely the continuation and south- western termination of a series of uplifted and fractured folds which, under the name of the Appalachian Chain, extends from the Eastern States through Pennsylvania, etc., into Alabama. Throughout this part of the State, the strata are seldom hori- zontal, but generally dip at considerable angles, usually either southeast or northwest. The southern and southwestern boundary of this region is ap- proximately a line passing through or near the towns of Fayette- ville, Tuscaloosa, Centerville, Wetumpka, Tallassee, and east- ward to Columbus, Georgia. South and southwest of this line, lies the third or southern division. The rocks underlying this part of the State have not been pressed into folds like the strata of the adjoining region, but lie nearly horizontal — with, however, a gentle slope south and west towards the gulf. Before going into any details concerning the geology of the State, it will be necessary to explain certain geological terms, and to give a table of the geological formations of North America, noting those which are represented in Alabama. By far the greater part of the rocks of this country show evi- dences of having been deposited in beds or layers, and are called from that circumstance, stratified rocks (from stratus, spread out.) In some localities, filling fissures and cavities in the bedded rocks, are others which are massive, i. e., without planes of stratification. Besides this absence of all evidence of bedding, these rocks show quite plainly that they have been erupted in a fused or semi-fused condition, and the name, igneous rocJcs, has reference to this character. In structure also, these two classes of rooks show striking differences ; the stratified are plainly beds of materials derived from the disintegration of some pre-existing rocks. They are, in other words,' " more or less consolidated sediments." They have been deposited gradually and slowly in nearly horizontal beds from suspension in water, just as mud, sand, and gravel are now seen deposited in beds at the bottoms of ponds, lakes, and run- ning streams. From the size of the material some estimate can be formed of the circumstances attending the deposition ; thus in swiftly running water, only pebbles and larger fragments will be deposited; sand and the finer particles .constituting mud, will be washed further to be deposited finally where the current is slower. In stUl water is found only the finest sediment. This sorting of the materials, by the action of water, into finer and coarser sediments, gives rise to the beds, or layers, or strata^ which are the marked characteristics of the stratified rocks. We notice at the present time, that in mud beds and other sediments, leaves, sticks, and animal remains, such as bones, shells, &c., are frequently buried and thus preserved: so it has probably always been since the introduction of life upon the earth. Organic remains of this kind are constantly met with when beds of stratified rocks are examined; they are usually called fossils from fossilis, dug mj). They show very striking differences when compared with each other, some very closely resembling the remains of animals and plants of the present day ; whUst others differ widely from any- thing now livLug, and if we could examine a series of beds in regular superposition upon each other, we should find that the fossils diverged more widely in appearance from the forms of the present day, the lower, (and consequently the older) the bed from which they were obtained. Each sedimentary bed includes the remains of those organic beings only, which lived during the period of its deposition. In this way the fossils become in some measure indicative of the age of the stratum in which they occur, for it has been found possi- ble to divide the whole series of stratified rocks into groups or formations ^^ each of which is characterized by possessing an assemblage of organic remains, which do not occur in association in any other formation " From a collection of the fossils there- fore, of any particular bed, may be determined with very little difficulty the geological horizon of the bed. The first and most obvious test of the relative age of any bed or group of beds is that of superposition. If we had an unbroken and undisturbed series of deposits from the first formed to those of the present day, the question of relative age, would of course be merely a question of superposition: but such a series is nowhere to be found. In some of the canons of the West, are exposed clear sections through one or two geological formations, but even these are exceptional. In general we find the rocks no longer in their original horizontal positions, but inclined or tilted at greater or less angles. Where the strata are in their original positions, their relations to each other can be seen only where they have been cut through, 134 as for instance, by the denuding action of waters, and in the deepest canons, these sections are at most only a few thousand feet in thickness. Where the rocks have been tilted up, and thrown into folds, and the crest of the folds swept away by denudation, by crossing the upturned edges or outcrops of the different beds, we may determine the order of super position through still greater thick- nesses, sometimes amounting to several miles. In this way, by examining the superposition of the beds upon each other, their relative ages may be determined, but when we consider that the aggregate thickness of the stratified rocks so far as examined by geologists, is about 15 to 18 miles, and that in any one locality only a part of these beds may be seen together, and when we remember that whilst in one part of the world deposits were forming, in another part, the land would be above the water, and thus receive no deposits, and that an unhroJcen series of sediments nowhere exists, the difficulty of determining by superposition alone, anything more than the relative age of a few adjacent beds will be seen, and the great value of fossils in deciding the question of age where other tests are insufficient, becomes apparent. The massive or igneous rocTcs^ on the other hand, are not made up of layers of material of different kinds. They are not made up of fragments, (coarse or fine) of other rocks, but are generally more or less crystalline. They are found filling the fissures in other rocks, wedged in between the beds of the stratified rocks, or covering unconformably these beds, as if they had been poured out in a melted condition. They show no traces of organic remains or fossils. For our purposes we may dismiss this class of igneous rocks with the remark that in Alabama their distribution is confined to the region of metamorphic rocks to be explained below, where they are seen filling the fissures in these, sometimes crossing the bedding planes, sometimes intruded between the beds. These masses of igneous rocks are commonly called dihes or trap diJces. There is another class of rocks somewhat intermediate be- tween the two described. They are distinctly bedded on the one hand, and are crystalline and usually devoid of fossils on the Qther. These are the crystalline schists /or metamorphic rocks. When a mass of ordinary soil or clay is exposed to the action of heat it is very sensibly changed. We see on a small scale something of the nature of this change, in the transformation by heat of clay into bricks. On a larger scale, instances of similar kind are noticed where in mines, the coal beds have caught on fire and burned for a long time. The rocks adjacent to these burning beds, are baked into hard masses as unlike the original rocks, as the bricks are unlike the unbaked loam. So on a still larger scale, whole series of strata, over considerable superficial areas, under the influences of long continued heat or pressure or both combined, have been changed or metamorphosed. Beds of mud or clay have been by these influences altered into hard clay slates, or mica slates, sandstones into crystalline mica slates, gneiss, &c. In most cases, by this metamorphic action the traces of the original bedding are not entirely lost, but fossil remains are almost universally obliterated, though exceptions to this are well known. What is the source of the heat and pressure which cause this change in sedimentary rocks f In a district where metamorphic rocks occur, one can not fail to notice that they are rarely horizontal, but dip at various angles to the horizon. Great folds and cracks in the strata may also be observed, and moreover, such rocks are found in mountainous regions. Folds, fractures or dislocations of the strata (technically called faults), metamorphism or crystallization of the sedimen- tary rocks, and the formation of mountain chains, — these are all concomitants of, or caused by the oscillations of the crust of the earth. Not to go too much into theoretical discussions, it is now a generally received hypothesis amongst geologists, that the earth is % cooling globe ; that it was once in a melted condition, and as the cooling progressed, by radiation into space, a solid crust was formed ; that in cooling the earth contracts ; that the contraction is not equal in all parts of the earth, some parts cooling and con- tracting more rapidly than others ; that this inequality in the con- traction causes some parts to sink below the general level, — these lower basins being now occ\ipied by the waters of the ocean ; that the sinking of the oceanic depressions causes a pressure against the higher land at the shore ; by which this higher land is pressed into wrinkles. A familiar and homely illustration is often given in the drying of an apple, where the skin is thrown into wrinkles. The pressure caused by the contraction of the areas occupied by the sea would be exerted against the more stable land of the shore, in such a way as to cause a fold or a series of folds approximately parallel to the sea shore. That in soft and yielding material these folds would be easily produced, and of not very great height ; that as the earth's crust became 136 more stiff and unyielding it resisted the tendency to be thrown into folds for a time, but when the pressure became too great, folds were nevertheless produced, but of much greater size, and the bent and folded crust would often be unable to bear the strain and would be broken (as a piece of stiff pasteboard is broken by being sharply folded), causing faults^ that in propor- tion as the earth's crust became more rigid, the resistance to the folding would be greater, and the catastrophe, when eventually the pressure would overcome the rigidity of the crust, would be correspondingly more profound; that finally, this crushing to- gether of the solid matter of the earth's crust would develop an amount of heat which, in some cases, would be sufficient to melt the solid rock, and which in many other cases, in connection with moisture would be able to cause the partial dissolving of the rocks so as to allow of the re-arrangement of their materials ac- cording to crystallographic laws ; or, in other words, the heat alone, or in connection with moisture, and under pressure may cause the crystallization or metamorjjMsm of the sedimentary rocks* The ultimate effect of the folding, just spoken of, would be to cause a series of elevations, with depressions between them, par- allel to the sea-shore ; and a raising of the general level of these folds above that of the less disturbed region at a distance from the shore, would complete the formation of the mountain chain, and these elevations would be all the more permanent because of the hardening of the sediments composing them, due to meta- morphism or crystallization, and the increased power of resistance to the denuding action of the rain and running waters. m This process of folding, crystallization, and the formation of permanent mountain chains is a slow one, extending over ages. I have spoken only of the folding and flexing, and elevation of the strata. In truth, the phenomena are much complicated. During the long period of oscillation, preceding the formation of a mountain chain, the area near the shore is sometimes sinking and receiving accumulated sediments from the denudation of higher lands, sometimes rising and being itself denuded. The amount of sediments collected in such areas is often very great, being 30,000 to 40,000 feet in thickness in the Appalachian chain, which runs approximately parallel to the Atlantic coast.f * The degree of heat necessary to cause this change need not be very gxeat; for It is well known from experiments in the laboratory, that hot water when acting for some time upon the most insoluble substances, under pressure, is capable of dlssolT- . ing them, t The question "Whence come the great accumulations of sediment which form the mass of the Appalachian chain?' ' is one upon which the opinions of geologists are divided. Itjneed not be considered here . T^Tom the above hypotheses, one would expect to find a moun- tain chain approximately parallel to the coast line of every great ocean, and a glance at the map will show that this i^ the case. The Appalachian chain, including the Blueridge and the AUe- ghenies and their continuations and terminations in Alabama, is the mountain border of the continent towards the Atlantic. . The movements of the earth's crust which end in producing a permanent mountain chain, are periodic in their nature, — a long continued oscillation, great accumulation of sediment, and finally the crushing together and consolidation of these sediments and the elevation of the whole mass. Of the several epochs of mountain-making on this continent that which occurred at the close of the Carboniferous age, is the one of most interest to us, for at that time the Appalachian chain became a permanent feature of the continent as a mountain range. o 000003a305(X)a)t:-t:-t-CO « ^ . tin H 1 flg oiozoKao 'oiozosaM •oiozoaivd •oiozv 1^9 III. GEOLOGICAL DETAILS. THE. MIDDLE, OR APPALACHIAN DIYISION. The southern and southwestern boundary of this division, is approximately a line passing through the towns of Fayetteville, Tuscaloosa, Oenterville, Wetumpka, Tallassee, and Columbus, Georgia. A line drawn on the map from Chattanooga, Tenn., to a point some six or eight miles east of Tuscaloosa, would mark approxi- mately the line of 'separation between this and the northern di- vision. This region belongs to the Appalachian System, and we find the strata seldom horizontal, but generally dipping at consider- able angles southeast and northwest, the prevailing dip being to- wards the southeast. It will be seen by the boundaries above given, that this di- vision of the State includes : 1. The Metamorphic Eegion. 2. The Coosa Valley and its outliers, viz: The Cahaba Val- ley, Eoup's and Jones' Valley, Murphree's Valley, Wills' Valley, and Brown's Valley. 3. The Coosa and Cahaba Coal Fields. The Geological Formations represented are: f 2a. Acadian. 2b. Potsdam. I 3a. Calclferous, or Knox Sandstone.