USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume I > Part 63
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REFERENCES .- Toulmin, Digest (1823), index; Acts, 1865-66, p. 541; Brewer, Alabama, p. 193; Berney, Handbook (1892), p. 283; Riley, Ala- bama as it is (1893), p. 215; Northern Alabama (1888), p. 232; Alabama, 1909 (Ala. Dept. of Ag. and Ind., Bulletin 27), p. 97; U. S. Soil Survey (1914), with map; Alabama land book (1916), p. 53; Ala. Official and Statistical Register, 1903- 1915, 5 vols .; Ala. Anthropological Society, Handbook (1910); Geol. Survey of Ala., Agri- cultural features of the State (1883) ; The Val- ley regions of Alabama, parts 1 and 2 (1896, 1897), and Underground Water resources of Ala- bama (1907); Dr. B. F. Riley, History of Cone- cuh County (1881) ; Pickett, History of Alabama (Owen's ed., 1900).
CONECUH RIVER. A river of southern Alabama and Florida which is known as the Conecuh in the first-named State, and the Escambia in the latter. The Alabama section, or the Conecuh, is 235 miles long, and the Escambia, 65 1/2 miles, making the total length of the stream, 30012 miles. The maximum width of the Conecuh is 200 feet and its low- water depth from 3 to 12 feet. The river rises in Bullock County, below Union Springs, and flows in a southwesterly direction to the Florida line, whence it follows a course nearly south to Escambia Bay, an arm of Pensacola Bay.
The Conecuh flows through Tertiary strata for most of its length, but in its upper section the rocks belonging to the Eocene division of the Tertiary formation are exposed and make obstructions in the shape of shoals and heavy boulders of calcareous sandstone. In its lower reaches the country contiguous to the river is almost a continuous swamp, but higher up the nature of the bed, the banks, and the vegetation along the river changes. It cuts through limestone, which frequently projects from the banks both above and be- low the surface of the water, forming a suc- cession of falls and rapids which obstruct the channel. A large section of the country con- tiguous to the Conecuh and its principal trib- utaries, the Sepulga and the Patsiliga Rivers, and Murder Creek with its branches Burnt Corn and Cedar Creeks, originally was heavily wooded with pine, and the rafting of this tim- ber down stream to Escambia Bay was prac- tically the only navigation attempted. The Conecuh traverses Bullock, Pike, Crenshaw, Covington, and Escambia Counties, Alabama.
Prior to improvement by the Government, the Conecuh River was impassable for boats and could be descended by rafts only at stages of four feet or more. Its course is extremely tortuous and the channel was obstructed almost entirely by snags, sunken logs, and overhanging trees, as well as by shoals and rapids in the upper half of the river.
In 1833 the sum of $5,000 was appropri- ated by Congress for the Escambia River only. It was expended but there is no record of the nature of the work done. In 1882 the orig- inal project for the improvement of the Cone- cuh River was adopted. In 1907 it was modi- fied so as to provide for a channel 150 feet wide and 51/2 feet deep at mean low water through the bar at the mouth of the Escam- bia River, and a navigable channel thence to the mouth of Patsiliga Creek. Up to June 30, 1914, a total of $192,858.27 had been expended on the Conecuh and Escambia, for improvement and maintenance. No work was done during the fiscal year ending June 30. 1915.
There have been no questions of water power involved in the improvement of this stream.
Appropriations .- The dates, amounts, and the aggregate of appropriations by the Fed- .eral Government for improvement of this stream, as compiled to March 4, 1915, in Ap- propriations for Rivers and Harbors (House
320
HISTORY OF ALABAMA
Doc. 1491, 63d Cong., 3d sess., 1916), are shown in the appended table:
Escambia and Conecuh Rivers, Fla. and Ala .:
Mar. 2, 1833. $ 45,000.00
July 2, 1836.
45,500.00
June 14, 1880.
48,000.00
Mar. 3, 1881. 45,000.00
Aug. 2, 1882.
12,000.00
July 5, 1884.
43,000.00
July 5, 1884.
12,000.00
Aug. 5, 1886
12,000.00
Aug. 11, 1888
10,000.00
Sept. 19, 1890
7,500.00
July 13, 1892.
8,000.00
Aug. 18, 1894.
6,000.00
June 3, 1896
4,000.00
Mar. 3, 1899.
5,000.00
June 6, 1900
(emergency allot-
ment )
1,500.100
June 13, 1902.
5,000.00
Mar. 3, 1905 ..
10,000.00
Mar. 3, 1905 (allotment)
5,000.00
Mar. 2, 1907.
15,000.00
Mar. 2, 1907.
31,000.00
Mar. . 3, 1909 (allotment)
5,000.00
June 25, 1910.
5,000.00
Feb. 27, 1911.
5,000.00
July 25, 1912.
5,000.00
Mar. 4, 1913.
8,000.00
Oct. 2, 1914.
5,000.00
$203,500.00
Transferred under authority of
the act of Mar. 4, 1915. . $ 4,800.00
$198,700.00
REFERENCES .- U. S. Chief of Engineers, An- nual reports, 1879-1915, and appendices; Ber- ney, Handbook (1892), p. 514; U. S. Chief of Engineers, Report on preliminary examina- tion of Escambia and Coneculi Rivers, Fla. and Ala., up to Brewton, 1911 (in H. Doc. 261, 62d Cong., 2d sess.), and Ibid, Report on pre- liminary examination from River Falls to the mouth, 1914 (in H. Doc. 701, 63d Cong., 2d sess.).
CONFEDERATE CONGRESSIONAL REP- RESENTATION. The provisional constitu- tion of the Confederate States was adopted by the Provisional Congress, sitting in Mont- gomery, February 8, 1861. The delegates from Alabama in that body were Richard W. Walker, Robert H. Smith, Colin J. McRae, William P. Chilton, Stephen F. Hale, David P. Lewis, Thomas Fearn, John Gill Shorter, and J. L. M. Curry. They were nine in num- ber. and were elected to their office by the secession convention of Alabama. In making the selection, an interesting and quixotic policy obtained. Legislatures intensely dom- inated by the secession policy, as a rule choose to membership in the central body called for the purpose of organizing the Confederacy, men who belonged to the conservative class. This policy was adopted because it was be- lieved that it would bring about a more gen- eral support of the Confederate cause.
In the secession convention, differences of opinion obtained in reference to the policy to
be pursued. On January 18, at 12 o'clock noon, the president announced that the hour had arrived when nine delegates to the pro- posed convention of the seceeding states should be elected. Mr. Earnest of Jefferson County offered a resolution that no member of the convention, or of the legislature of 1859- 60, should be eligible "to election on a seat in the Southern Congress provided for by the ordinance adopted by this convention." A general debate arose on this resolution. Mr. Robert Jemison, one of the delegates from Tuscaloosa, declared that he had never during his whole legislative experience voted for a member of the legislature for any office cre- ated by that legislature. Mr. Clemens of Madison contended that there was no im- propriety in electing members of the conven- tion to the Provisional Congress. Mr. Stone of Pickens protested against the adoption of the resolution because he said that it would, if adopted, "deprive the State of the services of some of her most talented and eminent sons, and at a time too, when she needs in her councils the services of her wise and patriotic men." Continuing he said that it made no difference "where these men are to be found, whether in the legislature, in this convention, or elsewhere in the State-if they are the right men, we should call them to the public service without regard to their being members of this or any other body." He be- lieved that the State of Alabama owed it as a duty to her sister states to make the best possible selections. Hon. John T. Morgan, from Dallas County, felt that it would be no reflection on the legislature or the convention to go out of those bodies for deputies, that it was rather a compliment to the State that she had many citizens capable of such high duties, and that he was in favor of adhering to the old doctrine that the legislature should not elect to an office. created by itself, any mem- ber of its own body. Mr. John Bragg, of Mobile. opposed the resolution, because he thought the convention should allow itself the broadest range of selection, and should appro- priate the best material without regard to locality. wherever to be found in the State. He declared: "We are engaged here in no every-day work. no ordinary adventure; but states and nations wait on our action."
Mr. Yancey spoke with much feeling. He declared that he was opposed to the proposi- tion upon principle. In the practical opera- tion, he said that he had not the least interest, and that as for himself, he had declined to allow his name to be considered in connection with membership in the convention. He be- lieved that the selection ought not to be limited, but should be left entirely open to all the people, and that the members of the legislature and of the convention should not be excluded from that choice. He urged that the equality of citizenship would be grossly violated by the adoption of the resolution. On a vote being taken, the resolution was lost.
The convention, by ordinance, March 18, 1861, laid off the state into nine congressional districts making an increase of three over the
0~
KEY TO THE FIRST STATE HOUSE, CAHABA, 1820-1826
OLD PEPPER BOX Early form of the revolver
EARLY MAKE OF DERRINGER
This was the gift of the maker to Col. John Crowell, first member of Congress from Alabama. Silver name shows just back of hammer
SWORD OF CAPT. WILLIAM BIBB, A SOLDIER OF THE REVOLUTIONARY WAR
Vol. I-21
323
HISTORY OF ALABAMA
number to which it would have been entitled under the federal census of 1860. Nine members were later apportioned to the state, under the permanent constitution of the Con- federacy, par. 3, sec. 2, art. 1.
The permanent constitution of the Con- federate States was adopted March 11, 1861. The secession convention of Alabama was then in session. The constitution was pre- sented to that body on March 12, for ratifi- cation. Mr. Jemison, of Tuscaloosa, con- tended that it ought to be submitted for rati- fication or rejection to a convention of the people. to be hereafter elected. Mr. Brooks of Perry, Mr. Watts of Montgomery, Mr. Dar- gan of Mobile, Mr. Stone of Pickens, Mr. Smith of Tuscaloosa, and many others joined in the debate. After considerable parliment- ary procedure, on the final question on the adoption of the ordinance of ratification, it was adopted by a vote of 87 to 5.
The provisional constitution, adopted Feb- ruary 8, 1861, expressly declared that it should "continue one year from the inaugu- ration of the president, or until a permanent constitution or confederation between the said states should be put in operation, which- soever shall first occur." The permanent con- stitution adopted March 11, 1861, declared, section 2 of article 7, that after five states shall ratify the constitution, the Provisional Congress shall prescribe the time for holding the first election of members of Congress under this constitution, and the time for as- sembling the same, and that until such assembling, the provisional Congress shall continue in the exercise of the legislative powers granted them not extending beyond the time limited by the constitution of said provisional government.
By act of the Confederate Congress May 21, 1861, it was provided that an election should be held in the several states of the Con- federacy on the first Wednesday in November, 1861. for the members of the House of Rep- resentatives of the Confederate States under the permanent constitution.
It was also provided that on the same day the several states should appoint electors for president and vice-president of the Con- federacy. The electors were to meet in their respective states on the first Wednesday in December, 1861, and proceed to vote for president and vice-president.
The senators and members of the house of representatives who were to be elected under the permanent constitution were required to assemble at the seat of government of the Confederate States on the 18th day of Febru- ary, 1862. The same act further provided that the president should be inaugurated on February 22, 1862.
The legislature of Alabama, December 10, 1861, provided that the election for members to the house of representatives of the Con- gress of the Confederacy should be on the first Monday in August, 1863, and on the same day every second year thereafter.
The legislature in its regular session, adopted, November 22, 1861, a joint resolu- tion providing for a special election by that
body to fill the vacancy caused by the resigna- tion of John Gill Shorter, as a member of the provisional Congress. On the vote being taken, Cornelius Robinson, of Lowndes County, was chosen. He was admitted to his seat November 30, 1861, and resigned Janu- ary 24. 1862.
Thomas Fearn and David P. Lewis resigned as deputies. The exact dates of their letters to the secession convention are not given, but they left the Congress on the 29th of April, 1861, and their successors respectively, Hon. Nicholas Davis, jr., of Madison, and Hon. Henry C. Jones, of Lauderdale, were admitted to seats on the same date.
Representation, 1861-1865 .-
First session .- Assembled at Montgomery, Ala., Feb. 4, 1861. Adjourned Mar. 16, 1861, to meet second Monday in May.
Second session (called) .- Met at Mont- gomery, Ala., Apr. 29, 1861. Adjourned May 21, 1861.
Third session .- Met at Richmond, Va., July 20, 1861. Adjourned Aug. 31, 1861.
Fourth session (called) .- Met at Rich- mond, Va., Sept. 3, 1861. Adjourned same day.
Fifth session .- Met at Richmond, Va., Nov. 18, 1861. Adjourned Feb. 17, 1862.
Members.
Richard W. Walker. -
Robert H. Smith.
Jabez L. M. Curry.
William P. Chilton.
Stephen F. Hale.
Colin J. McRae.
John Gill Shorter.
Thomas Fearn. Admitted Feb. 8, 1861; resigned Apr. 29, 1861.
David P. Lewis. Admitted Feb. 8, 1861; resigned Apr. 29, 1861.
Nicholas Davis, jr. Admitted Apr. 29, 1861. H. C. Jones. Admitted Apr. 29, 1861.
Cornelius Robinson. Admitted Nov. 30, 1861; resigned Jan. 24, 1862.
First Confederate Congress.
First session .- Met at Richmond, Va., Feb. 18, 1862. Adjourned April 21, 1862.
Second session .- Met at Richmond, Va., Aug. 18, 1862. Adjourned Oct. 13, 1862. Third session .- Met at Richmond, Va., Jan. 12, 1863. Adjourned May 1, 1863.
Fourth session .- Met at Richmond, Va., Dec. 7, 1863. Adjourned Feb. 17, 1864.
Senators.
Clement C. Clay, jr. Admitted Feb. 19, 1862.
William L. Yancey. Admitted March 27, 1862; died July 28, 1863.
Robert Jemison, Jr. Admitted Dec. 28, 1863, to succeed Mr. Yancey.
Representatives.
E. S. Dargan.
William P. Chilton.
James L. Pugh.
Jabez L. M. Curry.
John P. Ralls.
324
HISTORY OF ALABAMA
David Clopton. Francis S. Lyon. Thomas J. Foster. Admitted Feb. 19, 1862.
William R. Smith. Admitted Feb. 21, 1862.
Second Confederate Congress.
First session .- Met at Richmond, Va., May 2, 1864. Adjourned June 14, 1864.
Second session .- Met at Richmond, Va. Nov. 7, 1864. Adjourned Mar. 18, 1865.
Senators.
Robert Jemison, Jr. Richard W. Walker.
Representatives.
M. H. Cruikshank.
William P. Chilton.
David Clopton.
James L. Pugh.
James S. Dickinson.
Francis S. Lyon. Admitted May 4, 1864. Thomas J. Foster. Admitted May 6, 1864. William R. Smith. Admitted May 21, 1864. REFERENCES .- Smith, Debates in the Secession Convention (1861), pp. 149-160; Confederate Statutes at Large, vol. 1, p. 122; Acts, called and regular session, 1861, pp. 50, 266; U. S. War Department, Executive and Congressional Direc- tory of the Confederate States, 1861-1865 (1899).
CONFEDERATE DISTRICT JUDGE. In order to avoid any lapse or break in the operations of the federal courts, due to the formation of the new government, the seces- sion convention, by ordinance of January 26, 1861, decreed that the judicial power here- tofore exercised by the United States (and which had been resumed by the state), "un- til the Southern congress now contemplated shall otherwise dispose of the same," shall be exercised by the several circuit courts, the city court of Mobile, and the chancery courts; and it was further provided that, in all cases in which an appeal or writ of error had been taken from any federal district or circuit court to the supreme court of the United States, and which was pending Janu- ary 11, 1861, the appeal should be considered as taken to the supreme court of the state, which should have jurisdiction as if the appeal or writ of error had been originally taken thereto. This ordinance doubtless had little room for operation, since the Confederate dis- trict court was promptly organized under act of the provisional congress of March 16, 1861.
On the formation of the Confederacy, William Giles Jones was in office as United States District Judge, the fourth in order of appointment to that position. Soon after- ward Judge Jones resigned, and he was at once reappointed as Confederate District Judge by Provisional President Jefferson Davis. During the War sessions of the court were held by him in Huntsville, Montgomery and Mobile. The records of the court at Mobile are preserved, and show that the first session in 1861 convened April 18. John A. Cuthbert, the former clerk, was reappointed. The oath as attorneys was taken on that date by George N. Stewart, Robert H. Smith,
William Boyles, and on the next day, Peter Hamilton, Thomas A. Hamilton and others qualified. On April 20 the case of Wm. A. Freeborn Co. v. Ship Protector stood for trial on appeal in the old United States Circuit Court, and after argument was docketed in the Confederate District Court The first original case was James K. Phelps v. Schoo- ner Smith Townsend. The last entry of record was April 6, 1865.
Acting as if there had been no secession, President Abraham Lincoln appointed George W. Lane of Madison County as District Judge, March 28, 1861. Mr. Lane was a lawyer, had been a circuit judge of the State courts, and was a strong Unionist. He never performed any service under this appointment, hut died in 1863. President Lincoln then appointed Richard Busteed of New York to succeed Judge Lane, November 17, 1863, and on January 20, 1864, he received his permanent commission, but Judge Busteed did not under- take the exercise of any powers under his appointment until 1865.
The fall of the Confederacy ended the judicial career of Judge Jones. During his service as Confederate District Judge, James Hickman of Madison County was tried in the District Court at Huntsville for treason. The defendant was acquitted. After the close of hostilities he brought suit against Judge Jones, also the Confederate District Attorney, the Confederate Marshall, and a number of others, for his arrest and imprisonment "un- der pretended authority of the Confederate States." This trial resulted in a judgment for the defendants, and Hickman carried the case on appeal to the supreme court of the United States. Judge Swayne delivered the opinion, in which he held that the act of the Confederate Congress creating the court was a nullity, and gave no protection to persons acting under it. The case was re- manded for a venire de novo.
REFERENCES .- Brewer, Alabama (1872), p. 412; Alabama History Commission, Report (1901), pp. 151-153; 9 Wallace, Reports, pp. 197- 203; and Supreme Court, Reports (L. C. Pub. Co. ed.), p. 551; and Owen, "The Federal judiciary in Alabama," in The Montgomery Ad- vertiser, Dec. 17, 1905; Ordinances and Constitu- tion of Alabama, with Constitution of the Pro- visional Government of the Confederate States of America (8vo., pp. 152), p. 22; Confederate States Statutes at Large, vol. 1, p. 75.
CONFEDERATE GENERAL OFFICERS FROM ALABAMA, 1861-1865. Alabama was credited on the rolls of the Confederate war department with one Lieutenant-General, James Longstreet, seven Major-Generals, Gen. Longstreet, Jones M. Withers, John H. Forney, Robert E. Rodes, John B. Gordon, Henry D. Clayton, and W. W. Allen, and Brigadier-Generals. The list below contains the names and detailed records of appoint- ment and commission of these several offi- cers. The sources of authority are also given, as well as dates and places of birth and death. They are as follows:
325
HISTORY OF ALABAMA
Alabama General Officers, C. S. A .-
Allen, William W .- Brigadier-General (Special), P. A. C. S., under act of Confed- erate Congress, Oct. 13, 1862. Appointed from Alabama March 1, 1864, to rank from February 26, 1864; confirmed June 9, 1864.
Major-General, P. A. C. S., temporary rank, under act of Confederate Congress, May 31, 1864. Appointed from Alabama to rank from March 4, 1865; paroled as a Brigadier-Gen- eral at Charlotte, N. C., May 3, 1865, as he probably had not received notice of his pro- motion. Died at Sheffield, Ala., November 21, 1894.
Baker, Alpheus .- Brigadier-General, P. A. C. S., under act of Confederate Congress, February 28, 1861. Born at Clover Hill, Abbeville District, S. C., May 28, 1828. Ap- pointed from Alabama March 7, 1864, to rank from March 5, 1864; confirmed May 11, 1864; no record of final capture or parole has been found. Died October 2, 1891.
Battle, Cullen A .- Brigadier-General, P. A. C. S., by act of Confederate Congress, Febru- ary 28, 1861. Born in Powelton, Ga., June 1, 1829. Appointed from Alabama August 25, 1863, to rank from August 20, 1863; con- firmed February 17, 1864; paroled at Mont- gomery, Ala., May 16, 1865. Died at Greens- boro, N. C., April 8, 1905.
Bowles, Pinckney D .- Brigadier-General (authority not ascertained). Born July 7, 1835, in Edgefield District, S. C. On the 3rd of April, 1865, for gallant and meritorious conduct in the field, he was promoted to brigade commander, and served as such un- til severing his connection with the army at Alabama (1893), vol. 1, p. 705. Died in 1910.
Cantey, James .- Brigadier-General, P. A. C. S., by act of Confederate Congress, Febru- ary 28, 1861. Born in Kershaw District, South Carolina, December 30, 1818. Ap- pointed from Alabama January 8, 1863, to rank from same date; confirmed April 22, 1863; no record of final capture or parole found. Died June 30, 1874.
Clanton, James H .- Brigadier-General, P. A. C. S., by act of Confederate Congress, February 28, 1861. Born in Columbia County, Georgia, January 8, 1827. Appointed from Alabama November 18, 1863, to rank from November 16, 1863; confirmed Febru- ary 17, 1864; paroled at Mobile, Ala., May 25, 1865. Killed at Knoxville, Tenn., in pri- vate feud, September 27, 1871.
Clayton, Henry D .- Brigadier-General, P. A. C. S., by act of Confederate Congress, Feb- ruary 28, 1861. Born in Pulaski County, Georgia, March 7, 1827. Appointed from Alabama April 25, 1863, to rank from April 22, 1863; confirmed April 25, 1863; ap- pointed July 8. 1864, Major-General, P. A. C. S., temporary rank, by act of Confederate Congress, May 31, 1864, to rank from July
7, 1864; confirmed February 20, 1865; paroled at Greensboro, N. C., May 1, 1865. Died at Tuscaloosa, Ala., October 13, 1889.
Deas, Zachariah C .- Brigadier-General, P. A. C. S., under act of Confederate Congress, February 28, 1861. Born in Camden, S. C., October 25, 1819. Appointed from Alabama December 20, 1862, to rank from December 13, 1862; confirmed April 22, 1863; paroled at Meridian, Miss., May 12, 1865. Died in New York City, March, 1882.
Deshler, James .- Brigadier-General, P. A. C. S., under act of Confederate Congress, February 28, 1861. Born in Tuscumbia, Ala., February 18, 1833. Appointed from Alaba- ma July 28, 1863, to rank from same date. Killed in action at Chickamauga, Ga., Sep- tember 20, 1863.
Forney, John H .- Brigadier-General, P. A. C. S., under act of Confederate Congress, Feb- ruary 28, 1861. Born in Lincolnton, Lin- coln County, N. C., August 12, 1829. Ap- pointed from Alabama March 14, 1862, to rank from March 10, 1862; confirmed March 13, 1862, and March 18, 1862; promoted October 27, 1862.
Major-General, P. A. C. S., under act of Confederate Congress, February 28, 1861, to rank from same date; confirmed April 22, 1863; paroled at Galveston, Tex., June 20, 1865. Died at Jacksonville, Ala., September 13, 1902.
Forney, William H .- Brigadier-General, P. A. C. S., under act of Confederate Congress, February 28, 1861. Born at Lincolnton, N. C., November 9, 1823. Appointed from Ala- bama February 23, 1865, to rank from Feb- ruary 15, 1865; confirmed February 23, 1865; paroled at Appomattox Court House, Va., April 9, 1865. Died at Jacksonville, Ala., January 16, 1894.
Fry, Birkett D .- Brigadier-General (Spe- cial) P. A. C. S., by act of Confederate Con- gress, October 13, 1862. Born in Virginia, June 24, 1822. Appointed from Alabama May 24, 1864, and confirmed same day, to rank from date of appointment; included in Sherman-Johnston convention of April 26, 1865, but no record of his personal parole has been found. Died at Richmond, Va., February 5, 1891.
Garrott, Isham W .- Brigadier-General, P. A. C. S., by act of Confederate Congress, February 28, 1861. Born in North Carolina, 1816. Appointed from Alabama May 29, 1863, to rank from May 28, 1863. Killed in action at Vicksburg, Miss., June 17, 1863.
Gordon, John B .- Brigadier-General, P. A. C. S., by act of Confederate Congress, Feb- ruary 28, 1861. Born in Upson County, Georgia, February 6, 1822. Appointed from Alabama November 1, 1862, to rank from same date; not confirmed; reappointed May 11, 1863, to rank from May 7, 1863; con-
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