History of Alabama and dictionary of Alabama biography, Volume I, Part 40

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756

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The north end of the square was deeded to the State hy the City of Montgomery, June 8, 1885, with the following description: "that certain lot known as Capitol Park and bounded on the west by Bainbridge Street, on the north hy Monroe Street, on the east by Union Street, and on the south by the original state capitol lot, together with all and singular the easements, hereditaments and appurtenances thereunto helonging or in any way appertaining," and it is recorded at length in Deed Record, new series, No. 18, pages 377-380.

The governor as chief executive controls "all property belonging to the state;" he is required to "assign rooms in the capitol to the secretary of state, auditor, attorney gen- eral, superintendent of education, treasurer, railroad commission, president of inspectors of convicts, and adjutant general, department of archives and history, state game and fish commissioner, the state tax commission, state

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health officer: and in the absence of any legis- lative provision, designate the purposes to which other rooms are to be applied;" he is authorized to appoint emergency clerks in the departments; and he is required to employ not more than "four servants for the execu- tive officers of the state at the capitol, and prescribe their duties." The secretary of the governor is the "keeper of the capitol," and his duties are "to take care of the capitol, the grounds, inclosures, furniture, and all other property of the state on the premises under the general control and supervision of the governor; and also in the recess of the legislature, to have the apartments that are not regularly used and occupied, and the public entries, walls and stairs in each story well cleaned and ventilated." For the "pres- ervation of order in the capitol and grounds, and preventing injury to the property of the state," the governor is required to employ not more than four watchmen, who are desig- nated as capitol policemen, are "required to wear a gray uniform," and are "invested with all the powers, rights and privileges of sheriffs."

Appropriations are regularly made for the use of the governor in the upkeep of the of- fices, the capital building and grounds. The legislature of 1915, September 28, set aside the following: (1) For stationery and office supplies, including typewriters, for the sev- eral executive offices, departments, commis- sions, bureaus and boards, the supreme court, the court of appeals and the supreme court library, $20,000 annually; (2) For fuel, light

and water, $5,000 annually; (3) For insur- ance on the capital, furnishings therein, the supreme court library, and the collections of the department of archives and history, $5,000 annually; and (4) For repairing and refurnishing the capital building and grounds, $10,000 annually.

St. Stephens, Territorial Capital .- The act of Congress, March 3, 1817, "establishing the Alabama Territory," contained the following, among other provisions: "That the town of St. Stephens shall be the seat of government for the said Alabama territory, until it shall be otherwise ordered by the legislature there- of." This point was selected because it was the then most flourishing town within the limits of the new territory, and the one best adapted as the point for the organization of the new government. It boasted a newspaper, a bank, a land office, medical men, lawyers, merchants, and the usual number of adven- page 237, says: "It contains about 250 houses, turous spirits swept in by the tide of immigra- tion. Brown's "Western Gazetteer" (1817), a printing office, academy, and 15 stores; and is a thriving healthy place, advantageously situated for trade."

Records descriptive of the territorial house or public buildings are not available. They are said to have been located on one of the principal streets, leading directly through the town and on down to the ferry over the Tom- bigbee. It has been stated by those who are familiar with its early history that the build- ings were mostly built of brick, or of white

limestone quarried from the nearby bluffs. An old casement cellar is pointed out in the now wholly abandoned town, as marking the spot of the old territorial government build- ing. A brick from this site is preserved in the collections of the Alabama Department of Archives and History.

In the public buildings were presumably located the offices of the governor, secretary of state, anditor, treasurer and attorney gen- eral, until about June 1, 1819, when all were removed to Huntsville. Here was also the place of meeting of the two sessions of the legislative council and the house of repre- sentatives, the first from January 19 to Feb- ruary 14, 1818, and the second, from Novem- ber 2 to November 21, 1818.

Huntsville, Temporary Capital .- The sec- ond and last session of the territorial legisla- ture, November 21, 1818, located the perma- nent seat of government at Cahaba. The same act named Huntsville as the temporary seat of government "until suitable buildings and accommodations can be provided at the town of Cahawba." It was further provided "that all officers, who are required by law, to keep their offices at the seat of government, shall be allowed until the meeting of the convention, or next legislature, to remove the same to Huntsville, and the necessary ex- penses of the removal of the public seal, books, records and papers, shall be defrayed by the territory."

The congressional enabling act March 2, 1819, directed that the members of the con- stitutional convention "to form a constitution and state government" should meet at Hunts- ville. The convention assembled July 5, and adjourned August 2, 1819. The constitution as adopted, section 29, provided for the hold- ing of the first session of the legislature at Huntsville in October, 1819, with "all subse- quent sessions at the town of Cahaba." That body, in the firt session of the state legisla- ture, convened October 25, and adjourned December 17, 1819, three days after the adop- tion of the resolution admitting the State into the Federal Union. The old building in which the convention met, has long since been re- moved, but a commemorative boulder on the sidewalk, placed by Twickenham Chapter, D. A. R., marks the site. While it is not defi- nitely known, it is to be supposed that the legislature met in the same hall as the con- vention.

The offices and records of the Territory were removed to Huntsville in accordance with direction. The Alabama Republican, published there, June 26, 1819, briefly com- ments on the arrival of the governor and the records; "His excellency Governor Bibb, ar- rived in Huntsville on Monday last. The Sec- retary of the Territory is daily expected, and the public records, etc., have already arrived here, where they will remain while this place continues to be the seat of govenment." The buildings in which the executive offices were located have not been ascertained.

Cahaba, First State Capital .- At the first session of the first territorial legislature, steps were taken to determine "the most

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eligible site for the Territorial Government,. as near the center of the territory as may he, having due regard to commercial advan- tages, and the nature and situation of the country." The act, February 13, 1818, named Clement C. Clay, Samuel Taylor, Samuel Dale, James Titus and William L. Adams as com- missioners. In the event they should find, from their examination, "that two or more places have equal, or nearly equal advantages, they shall report the same with a correct description of each," to the governor. On receipt of the report, it was made his duty to notify the commissioner of the general land office of the place, or places, at which it was in contemplation to fix the seat of the terri- torial government, and to request the suspen- sion of the sale thereof until the next meeting of the legislature, at which time he was re- quired to submit a report. In the event the site so chosen should be offered for sale before the session should convene, the gover- nor was "authorized to purchase for the use of the territory such one of the reported sites, as he may deem most advantageous and desirable." The commissioners, after several months' investigation and consideration, se- lected a point at the mouth of the Cahaba River, in the reecntly formed county of Dallas, as the most suitable location. The second session of the legislature, November 21, 1818, thereupon passed an act providing for the temporary and permanent seats of govern- ment. Huntsville was named as the tempo- rary, and the selection of Cahaba was con- firmed as the permanent seat of government The governor was made sole commissioner to secure from the United States Government the site "at the confluence of the Alabania and Cahawba rivers," in accordance with an act of Congress, April 20, 1818, in which an entire section was set aside for the seat of government of the Territory to "be located under the direction of the governor of the said territory." It was made his duty to have the town laid off and surveyed, and after giving at least 90 days' notice, to advertise the sale of the lots in all the newspapers printed in the Territory, and in such news- papers of other States as he might deem proper, and after also having posted in the land offices both at Cahaba and Huntsville a correct plan and map of the town, for 30 days prior to the sale. The lots were to be sold to the highest hidder, one-fourth of the purchase price to be paid in cash.

Congress, March 2, 1819, provided for a convention for the organization of the new territory into a state. Among other provi- sions, the enabling act provided, in lieu of the section of land provided to he reserved in the act above referred to, that there should be "granted to the said state, for the seat of government thereof, a tract of land con- taining 1,620 acres, and consisting of sundry fractions and a quarter section, in sections thirty-one and thirty-two, in township six- teen, and range ten, and in sections five and six, in township fifteen, and range ten, and in sections twenty-nine and thirty, in the same township and range, lying on both sides

of the Alabama and Cahawba rivers, and in- cluding the mouth of the river Cahawba, and which heretofore has been reserved from pub- lic sale, hy order of the president of the United States."

During the summer of 1819 Gov. Bibb caused the town of Cahaba to he laid off and surveyed, after which he held a public sale as directed. In his message of October 26, 181-9, to the first state legislature, he made a report of his action, in which it appears that in the fourth week of May, 1819, he had puh- licly sold to the highest bidder, 182 lots for the sum of $123,856, of which one-fourth or $30,964 had been paid at the time of sale. (For details of the further disposition of the property, and other facts in the contemporary history of the town, see Cahaba.)

The governor proceeded without delay to secure plans and to contract for public build- ings, and a notice, dated March 1, 1819, was inserted in the "Halcyon and Tombeckbee Advertiser," published at St. Stephens, April 5, 1819, in which he calls for bids for the erection of the statehouse. No other con- temporary description of the building is pre- served, and no picture is known. Therefore, the call is given in full:

"NOTICE.

"The Governor having been directed by the Territorial Legislature to contract for build- ing a house for their accommodation at the Town of Cahawba, will be prepared to receive proposals at that place, from the third to the fourth Monday of May next, for furnishing the materials and erecting a brick house of the following description: The building to be two story, fifty-eight feet long, and forty- three feet wide; each story to be twelve feet in the clear. The interior to he divided above and below stairs by a passage fourteen feet wide, on one side of which shall be one room the whole width of the house, and on the other, two rooms. Two chimnies and eight windows are to be provided at each end and twelve windows on each front of the building; each window to be twenty-four lights, 8 by 10. The outer walls to be commenced two feet below the surface of the earth, and to be two brick and a half thick to the first floor (which must be three feet above the surface of the earth), and from thence two brick. The inner wall dividing the apart- ments to be one brick and a half thick, and each apartment to be plastered and white- washed. The shingles are to be of cypress or heart pine. Doors, stairs and the like to be included in the contract.

"A sufficient obligation will be required of the contractors to construct the house of good materials, and in a proper manner; and to complete it on or before the first Monday of June, 1820.

WM. W. BIBB."

"Coosada, 1st March, 1819.

The contractors were David and Nicholas Crocheron. Of the work Gov. Bibb, in his message above referred to, says: "The prin- cipal parts of the building are to be finished

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on or before the first day of August next. for nine thousand dollars; and the remainder of the sum appropriated, will be required, and is sufficient, to complete the whole, and to provide the necessary accommodations for the two branches of the legislature. I learn that the building has been commenced, and that no doubt is entertained of its completion within the time specified in the contract."

Under the constitution adopted at Hunts- ville, section 29, article 3, it was provided that the first legislature should be held in Huntsville, and that "all subsequent sessions at the town of Cahawba, until the end of the first session of the general assembly to be held in the year one thousand eight hundred and twenty-five; during that session the general assembly shall have power to desig- nate by law (to which the executive concur- rence shall not be required) the permanent seat of government, which shall not there- after be changed; provided, however, that unless such designation be then made by law, the government shall continue permanently at the town of Cahawba; and provided also, that the general assembly shall make no ap- propriations previous to the year one thousand eight hundred and twenty-five; for the build- ing of any other statehouse than that now provided for by law."

The second session of the state legislature, and the first at Cahaba, convened November 6, 1820, in the new statehouse building. A called session was held in June, 1821. The third, fourth, fifth, sixth and seventh sessions regularly convened in November every year from 1821 to 1825 inclusive.

The choice of Cahaba as the state capital had not long been made before its disad- vantages as a town site became apparent. The town had been laid off directly upon the Ala- bama River, at the mouth of the Cahaba, and encircled by the latter. The square on which the capitol was erected stood on the bank of the Alabama. In seasons of high water it was subject to overflow from both rivers. At such times the streets and roads leading to the country were inundated. The overflows also made it unhealthy, and both lawyers and liti- gants were unwilling to hazard themselves in the town during the sickly season. Many of the citizens themselves deserted it at such times. In 1825 the rivers experienced the largest floods known to that date in the his- tory of Alabama. The legislature therefore at the session of 1825-26, under the authori- zation of the constitution, sec. 29, determined upon a new location.

Tuscaloosa .- When it had been determined at the session of 1825-26, to remove the capi- tal from Cahaba, there were several ambi- tious towns, claimants for the new location including Tuscaloosa, Selma, Montgomery, Centreville, Greensboro, Wilson's Hill ( Mon- tevallo), and a place in Autauga County. As a result of the contest, in an undated act, which under the constitution did not require the "executive concurrence," "the permanent seat of government" was fixed at Tuscaloosa. The same section of the constitution declared

that the site once chosen should not there- after be changed.

The selection having been made, the people of Tuscaloosa provided suitable buildings for the use of the executive and the legislature, pending the erection of the capitol. After several vexatious delays in actually agreeing upon a site, and finally after making a change, by legislative authorization, work on the building was actually begun. The legislature adopted one design, which on December 20, 1827, it changed, directing that the commis- sioners should build it in acordance with the plan "called the Grecian cross." The total cost was not to exceed $55,000. The commis- sioners for the erection of the building, named in the act of January 3, 1827, were John B. Hogan, James Hogan, James H. Dear- ing, Henry Minor and Dr. John L. Tindall. They were empowered to select an architect. An act passed later stipulated that he was to receive $1,749 per annum, and that for work performed by him prior to the first of January, 1828, he should have $1,000. This would indicate actual work of construction in 1827. As indicative of the desire of the legislature to avoid all charges of "graft," it was especially provided that "neither the commissioners or superintendent shall be di- rectly or indirectly, concerned in the said contract as undertakers." Work on the build- ing seems to have dragged slowly along, and Henry Sossaman, contractor for the carpenter work, on January 20, 1830, was relieved of his forfeiture because of the delay, which the act states had continued nearly through the winter of 1828-29. The legislature probably held its first session in the new building in 1829. The building then erected is still stand- ing. In 1852 it was donated to the state university, which in turn executed a 99 year lease to the Alabama Baptist Convention. The Alabama Central Female College has since occupied it as a high-grade school for girls and young women.

Montgomery .- The growth of middle and east Alabama and the consequent shifting of the center of population, brought about the adoption of a resolution approved January 24, 1845, submitting an amendment to strike out section 29 of article 3 of the Constitu- tion which permanently located the seat of government. At the election held in the fall of that year, the amendment carried, and at the next session of the legislature, 1845-46, it was ratified. On January 21, 1846, an act was passed providing for the removal from Tuscaloosa, the selection of a new location, the election of five commissioners, and the adoption of other regulations to make the act effective.

In accordance with the act referred to, on January 28, 1846, the senate and house of representatives met in joint session in the hall of the house for the purpose of select- ing the new capital city. The following were in nomination: Tuscaloosa, Wetumpka, Mo- bile, Montgomery, Statesville, Selma, Marion and Huntsville. The first ballot stood: Tuscaloosa 39; Wetumpka, 28; Mobile 6;

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Montgomery 33; Statesville 2; Selma 9; Marion 4; and Huntsville 6. A majority of all the votes was necessary to a choice. On the sixteenth ballot Montgomery received 68 votes, and was declared by the speaker of the house of representatives as constitution- ally selected as the seat of government. On January 30, 1846, in joint session the fol- lowing commissioners were elected: Miles W. Abernathy, George Steele, Daniel Pratt, Johnson J. Hooper and John K. Collins.

It was not until two days after the selec- tion had been made that the news reached Montgomery. A ratification meeting was held, at which there was great rejoicing. Later the city council voted an issue of $75,000 in bonds for the erection of the build- ing, all of which were taken up by the prop- erty owners and local capitalists. The plans for the new capitol building were drawn by Stephen D. Button, and the contractors were B. F. Robinson and R. N. R. Bardwell. The building was completed and formally turned over to the state about November 1, 1847, by mayor Nimrod E. Benson and Col. Charles T. Pollard, chairman of the building com- mittee.

The building having been accepted, all of the offices and public records of the state were removed from Tuscaloosa. The latter were packed in 113 boxes, loaded in 13 wagons, weighing 26,704 pounds. They were brought overland, and the cost was $1,325, paid by Col. Pollard, chairman.

An amendment to the constitution provid- ing for biennial sessions had been adopted at the same time as the one changing the seat of government. Therefore, the first bl- ennial session of the legislature, and the first in Montgomery, convened on December 6, 1847.

The second session of the legislature met in the capitol on November 12, 1849. It had been in session one month and two days, when on December 14, the capitol building was dis- covered to be on fire. In three hours it had burned to the ground, leaving the walls only. The fire broke out in the roof over the house of representatives, and was caused by the careless projection of some of the rich pine timbers into the chimney flues. The combined efforts of the heads of the departments, the legislators and the citizens saved the public records and other property on the basement and second floors. Because of the intense heat the contents of the state library on the third floor could not be saved, and its fine collection of early documents were all de- stroyed. The

citizens of Montgomery promptly tendered suitable buildings for the meeting of the legislature and the state offi- cers, and public business went on uninter- ruptedly, although with some inconvenience. Gov. Henry W. Collier was inaugurated in the Methodist church. Almost immediately after the fire the question of rebuilding was brought forward. Almost 50 propositions were brought forward looking to removal from Montgomery, elther temporarily or per- manently, but finally the city was victorious,

and on February 11, 1850, provision was made for erecting a new building, for which an appropriation of $60,000 was made. The legislature chose Nimrod E. Benson and Dan- iel Pratt as commissioners to erect the new building, but Mr. Pratt did not accept, and Justus Wyman took his place.

A picture is preserved showing the burn- ing of the capitol. It is one of the earliest examples of the daguerreotype, and was taken from the old court house which stood on the site of the present fountain at Court Square. The building is shown without a dome, and with broad steps leading up to the second floor, with entrances under the ends of the steps to the offices on the basement or ground floor. The new building was erected on the foundations of the old, but with a change in the general plan. A dome was provided, the entrance was direct to the first or basement floor, through a massive portico, supported by six massive Corinthian columns. The dignified and imposing building as then erected still remains, with the addition of the rear and the north and the south wings, to be described later.

Capitol Extension .- On February 17, 1885, "for the purpose of making needed enlarge- ment to the capitol and to furnish the same," an appropriation of $25,000 was made, and the governor, the chief justice and the attor- ney general, ex-officio, were "appointed a board, to procure and adopt a plan for such enlargement of the capitol, and make con- tracts for building the same, and furnishing the same." Acting under this authorization what is known as the rear extension, or east- ern wing of the building was erected, under the direction of Edward A. O'Neal, Governor, George W. Stone, Chief Justice, and Thomas N. McClellan, Attorney General. The con- tractors were Figh & Williams. The addi- tion was completed within the appropriation. It is 50 by 70 feet, and is so constructed as to appear as if erected as a part of the original building. The first floor is devoted to the library; the second to the supreme court jus- tices and the clerk; the third to the state board of health, the reporter and other offi- cers of the supreme court, and the judges and officers of the court of appeals.

As previously stated, the City of Montgom- ery made a gift of the north end of Capitol Square to the State in 1885. On February 17 of that year the governor, the attorney gen- eral and the mayor of the city were appointed a board "for the purpose of making needed improvements upon the grounds of the State surrounding the capitol, and upon the square of ground north of and adjacent thereto, and for beautifying and enclosing the whole." The sum of $7,500 was appropriated for the work. As safeguarding its right to remain as the capitol, the deed referred to contained a condition that the lot should revert to the City of Montgomery, in the event the capitol should ever be removed. Later the lofty and impressive monument to the soldiers and sai- lors of the Confederacy was erected on this section of the square.

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History of Alabama and dictionary of Alabama biography, Volume I, Part 40

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869- Publication date: 1921 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 756

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 756