ALABAMA. 



15 



any practical benefit. If we went no further than 

 this substitute proposed, the convention have assem- 

 bled prematurely, and we ought to adjourn. 



The first ordinance reported by the committee as- 

 serted a fact, apparent to every one, that the institu- 

 tion of slavery had been destroyed, not deciding 

 when or how, whether constitutionally or uncon- 

 stitutionally. Gentlemen could select their own 

 ground. First, the act of Congress and the Pres- 

 ident's Proclamation ; second, by the military power 

 of the Government of the United States the occu- 

 pation of our country by armed soldiers the estab- 

 lishment of the Freedmen's Bureau, and the prac- 

 tical severing of the tie between master and slave. 

 The ordinance also asserted the proposition that we 

 would not revive slavery. This wast an impossibility. 

 The Government of the United States in every de- 

 partment was unalterably determined that slavery 

 should no longer exist. The edict had gone forth, 

 and we were powerless to resist it. We were a sub- 

 jugated people, and our conquerors could dictate 

 their own terms. We could not resist the power of 

 the Government. The overpowering force of public 

 opinion at the North, backed by a million of bayonets, 

 and the universal sentiments of the civilized world, 

 were against us. We had tried this in the way of 

 our strength and failed. 



We could not reduce the negroes to slavery if the 

 United States would withdraw their forces and stand 

 aloof. We were exhausted, and the attempt would 

 lead to a reenactment of the bloody scenes of St. Do- 

 mingo. The Assembly of France abolished slavery 

 in that island no insurrection followed. Afterwards 

 the Assembly repealed the law, the planters at- 

 tempted to subject the negro again to slavery, and 

 then the insurrection broke out in all its force. 

 Such would be the case now, and after scenes of 

 horror, and carnage, and blood, one race or the other 

 would be exterminated and Alabama a desert. 



The country needed repose. The people had made 

 up their minds that slavery was gone, and were ac- 

 commodating themselves to the new order of things. 

 It was wrong to awaken delusive hopes that could 

 never be satisfied. Our wisest course was in good 

 faith to accept the situation and restore our relations 

 with the Federal Union reorganize our State Govern- 

 ment, that law and order might again prevail in the 

 land. By industry and energy our national pros- 

 perity may be restored, our fields ripen again with 

 the richest harvest, commerce and manufactures re- 

 vive; our cities rebuilt and schools crowded with 

 scholars; peace, and order, and happiness over our 

 land, and Alabama again become a great State in this 

 great nation. 



The substitute was rejected by a vote of yeas 

 66 ; nays 17. The ordinance reported by the 

 majority of the committee was then adopted, 

 -yeas 89 ; nays 3. 



. On September 22d the Convention adopted 

 the following ordinance relative to the acts of 

 the State Legislature during the war : 



An ORDINANCE ratifying certain laws of the State 



passed since the llth day of January, 1861. 

 Be it_ ordained by the people of the State of Ala- 

 bama, in Convention assembled, That all the laws en- 

 acted by any Legislature since the llth of January, 

 1861, that have not since been repealed, and which 

 are not in conflict with the Constitution of the United 

 States and laws made in pursuance thereof, or of the 

 Constitution of this State, be and the same are here- 

 by ratified, and declared to be valid from their re- 

 spective dates; and shall remain in full force and 

 effect until repealed according to law : except, how- 

 ever, all such laws as authorized the issue of Bonds, 

 Treasury Notes, and Change Bills by the State ; and 

 all laws which authorized the payment of all debts 

 to the State, for moneys loaned to individuals or 

 corporations in Confederate money or bonds, and 



the payment of dues and taxes to the Slate in Con- 

 federate Bonds and State Treasury Notes, and all 

 laws in relation to taxation. 



e it further ordained, That in computing the time 

 necessary to create the bar of the statutes of limita- 

 tions ana non-claims, the time elapsing between the 

 llth day of January, 1861, and the passage of this 

 ordinance, shall not be estimated. 



This ordinance excepts from ratification all 

 laws authorizing the creation of any debt by 

 bond, or treasury note, or change bills, or au- 

 thorizing payment to be made to the State of 

 taxes and other dues in Confederate or State 

 Treasury notes or change bills passed since 

 January llth, 1861. 



During its consideration a motion was made 

 to except from snch ratification all laws author- 

 izing executors, guardians, and trustees to make 

 sale of property, and receive Confederate notes 

 or other currency issued during the war for the 

 same, and all laws authorizing persons acting 

 in such fiduciary capacity to invest funds in 

 Confederate or State securities. The ground 

 taken was that the estate of the orphan had 

 been lost by such investments, and that the 

 guardian or executor should not have invested 

 the estate in such uncertain and doubtful secu- 

 rity, and one dependent not only upon success 

 in the war, but upon the popular will to pay 

 so large a debt, even if successful, and because 

 it enabled the guardian or other trustee to re 

 tain the funds for speculative purposes while 

 money was good, and at last to invest in these 

 securities Avhen they had become of little value. 

 The answer was that the guardian, executor, or 

 trustee, was invited or encouraged to make such 

 investment by the State law, under which he 

 he held his appointment ; that the whole prop- 

 erty of the country and every thing it contained 

 was dependent upon the successful maintenance 

 of the struggle ; that there was often a necessity 

 to sell such property in order to support those 

 who were dependent upon it for means to live 

 upon, having often no other resource ; that, be- 

 sides, to disturb the laws on that subject would 

 be to ruin many persons who had acted fairly and 

 in good faith, and that in many cases innocent 

 persons who were security for such trustees, 

 executors, or guardians would be impoverished 

 by it, and in order to protect one set of persons 

 another class must be injured. The latter argu- 

 ment prevailed, and those laws were not ex- 

 cepted from the general ratification. 



A still more earnest discussion arose upon an 

 amendment to except from the ratification laws 

 authorizing payment to be made to the State in 

 the currency existing during the war, of loans 

 made by the State to corporations and individ- 

 uals prior to the war. The object of this was 

 to invalidate a payment of $225,000 due to the 

 State from the Alabama and Tennessee Eiver 

 Bailroad Company, for money loaned to them 

 out of funds in the possession of the State for 

 purposes of internal improvement, and of which 

 the State was trustee for such purposes. This 

 loan was made in specie funds before the war, 

 and the debt is not yet due, but in 1864 the Com- 



