History of Alabama and dictionary of Alabama biography, Volume II, Part 3

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: 724

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732

HISTORY OF ALABAMA

rectly, because of debt, whether accompanied by fraud or not.

Prison Bounds .- One of the interesting phases of imprisonment for deht as practiced in Mississippi and Alahama Territories and in the early years of the State, was the ex- tension of partial liberty to certain classes of prisoners hy allowing them the freedom of "prison hounds." The custom dates from the passage of an act in February, 1807, "for the appointment of justices of the peace, and the establishment of county courts," which provided, among other things, "that the justices of every county court shall be empowered to mark and lay out the bounds and rules of their respective pris- sons, not exceeding ten acres, which marks and bounds shall be recorded, and renewed or altered, from time to time, as occasion shall require; and every prisoner not committed for treason or felony, giving good security, (at the discretion of the court,) to keep within the said rules and bounds, shall have liberty to walk therein out of the prison for the preservation of his health, and keeping continually within the said bounds, shall be adjudged and admitted in law a prisoner."

The act of February 7, 1807, above referred to, provided "That if any person or persons, taken or charged in execution, shall enter into bond with good and sufficient securities, under a reasonable penalty, upon condition that he or they shall not depart or go out of the rules or bounds of the prison to which he or they shall be committed, it shall be lawful for the sheriff, in whose custody such prisoner shall be, to permit him or them to go out of the prison and return at their pleasure." An act of December 23, 1824, superseded these laws, and required county officials "to mark and lay out, the bounds and rules of their respective prisons, not exceeding one mile from the jail, which marks and bounds shall be recorded and renewed, or altered from time to time, as occasion may require." The conditions under which a prisoner in a civil action for debt or damages might have the freedom of the prison bounds remained the same as in the former laws. This law, in turn, was repealed by act of June 30, 1837, and the boundaries of the different counties were fixed as "the limits within which prison- ers confined for debt shall be restricted, on entering into bond. . . . to keep within the prison bounds." It was further provided that plaintiffs in suits should not thereafter be compelled to pay for the support of prisoners who took the benefit of the hounds.

With the foregoing revisions, the laws gov- erning prison bounds were incorporated in the codes of 1852 and 1867, and continued in force until abrogated, together with those regarding insolvent debtors, hy section 22, article 1 of the constitution of 1868, forbid- ding imprisonment for debt.

Ex Parte John Hardy .- The whole subject of imprisonment for debt, both its constitu- tional, its legal and its historical phases, is discussed at length in the opinion of the supreme court in the case of Ex parte John Hardy (68 Ala., pp. 303-352), which was an

application for a writ of habeas corpus, denied by the lower court, for the release of John Hardy, a citizen of Dallas County, committed to jail for contempt of court, consisting in his refusal to obey the court's order that he sur- render certain securities in settlement of a judgment debt. The court hy a majority held that such imprisonment was tantamount to imprisonment for debt, and granted the peti- tion for release from custody; but the chief justice, dissenting, held the opposite doctrine, and submitted an elaborate argument in sup- port of his opinion. Other decisions bearing upon the subject will be found in the list of references hereto.

REFERENCES .- Constitution 1819, art. 1, sec. 18; 1861, art. 1, sec. 18; 1865, art. 1, sec. 22; 1868, art. 1, sec. 22; 1875, art. 1, sec. 22; 1901, sec. 20; Toulmin, Statutes of Mississippi Ter- ritory, 1807, pp. 175-200, 215-218; and Digest, 1823, pp. 178, 289-324, 520-521, 657, 659; Aikin, Digest, 1833, pp. 225-231, 351-352; Clay, Digest, 1843, pp. 272-278, 499; Code, 1852, secs. 2175- 2191, 2734-2749; 1867, secs. 2574-2592, 3173- 3188; 1876, secs. 3550 (p. 798, footnote), and 4494 (p. 943, footnote) ; Acts, 1824-25, p. 34; 1837, p. 7; 1838-39, pp. 80-81; Allen v. White, Minor, p. 289; Keenan v. Carr, 10 Ala., p. 867; Nelson v. State, 46 Ala., p. 186; Morgan v. State, 47 Ala., p. 36; Caldwell v. State, 55 Ala., p. 133; Ex parte John Hardy, 68 Ala., p. 303; State v. Allen, 71 Ala., p. 543; State v. Bauerman, 72 Ala., p. 252; Lee v. State, 75 Ala., p. 29, and State v. Leach, Ibid, p. 36; Tarpley v. State, 87 Ala., p. 271; Wynn v. State, 82 Ala., p. 55, and Smith v. State, Ibid, p. 40; Bailey v. State, 87 Ala., p. 44; Ex parte Russellville, 95 Ala., p. 19; Ex parte King, 102 Ala., p. 182; Carr v. State, 106 Ala., p. 35; Brown v. State, 115 Ala., p. 74; Chauncey v. State, 130 Ala., p. 71; Gray v. State, 140 Ala., p. 183.

IMUKFA. An Upper Creek town on the north or right bank of Imukfa Creek, in the southern part of Clay County. The people of the town were a vigorous and hearty branch of the Muscogees, and in 1799, Hawkins says that they had "fine rich plats on the creek, and a good range for their cattle; they possess some hogs, cattle and horses, and hegin to be attentive to them." The word is Hitchiti, meaning a shell, or a metallic orna- ment of concave shape. Hawkins defines it as "a gorget made of conch." At or near this village Jackson fought the Creek Indians on January 22, 1814, or perhaps more properly, he successfully defended himself against their attack at that point, following the battle of Enitachopco.

See Emuckfau; Okfuski.

REFERENCES .- Gatschet, in Alabama History Commission, Report (1901), vol. 1, p. 398; Hawkins, Sketch of the Creek Country (1848), p. 47; Handbook of American Indians (1907), vol. 1, p. 603.

INAUGURATION EXERCISES. See Davis, Jefferson, in Alabama; Governor.

INCOME TAX. A tax upon incomes of in- dividuals and corporations is the newest method adopted for raising public revenue.

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HISTORY OF ALABAMA

The taxation of incomes had for several years been considered in various States, and in 1913 such taxes were made a part of the Fed- eral fiscal policy. By a resolution of Con- gress, July 12, 1909, the sixteenth amendment to the United States Constitution, permitting the levy of an income tax by the Government, was submitted to the legislatures of the sev- eral States. During a period of three and a half years, the question of its ratification was before the people. Alabama acted on August 17, 1909, being the first of the States to rat-' ify. On February 25, 1913, the Secretary of State announced its ratification by 38 States.

On October 3, 1913, Congress passed the income-tax law. It became effective Novem- ber 1, 1913. The income tax is collected in connection with the internal revenue (q. v.) and the administration of the law in this State is under the Collector of Internal Revenue at Birmingham. Under its pro- visions, Alabama citizens and corporations paid a total income tax, during the fiscal year ending June 30, 1915, of $261,760, of which $84,633 was reported by individuals, and $177,127 by corporations. There were 1,908 individuals so reporting. For the year ending June 30, 1916, a total of $311,552 was paid, $109,983 by individuals, and $201,568 by cor- porations. The number of individuals paying the tax was 1,791, of whom 1,428 were mar- ried men, 243 single men, 121 single women, and 9 married women who rendered separate returns. The income-tax returns from Ala- bama for 1915 and 1916 were:

Net Income

1915

1916

2,000 to $

4,000

489

437

4,000 to

5,000

377

319

5,000 to

10,000

761

679

10,000 to

15,000

192

183

15,000 to

20,000

20,000 to

25,000

25,000 to

30,000

30,000 to

40,000

40,000 to

50,000

50,000 to

75,000

75,000 to

100,000

100,000 to

150,000

150,000 to

200,000

200,000 to

250,000

The aggregate Federal income tax collected in Alabama during each of the years in which it was in effect, from 1866 to 1916, is shown below:

1866

$ 3,568.75

1867

404,036.77

1868

179,825.32

1869

81,092.95

1870

185,284.07

1871

78,249.54

1872

35,799.41

1873

9,442.75

1895

108.78

1914

218,629.27

1915

261,760.79

1916

311,552.33

Total

$1,769,350.73

REFERENCES .- U. S. Statutes at Large, vol. 38, pt. 1, pp. 166-181; Com. of Int. Rev., Annual reports, 1914, pp. 110-113, and 1915, pp. 114-117;

U. S. Constitution, 16th amendment; Com. of Int. Rev., Regulations (1913), p. 10; Mortimer L. Schiff, "Some aspects of the income tax," in Annals of the Am. Acad. Pol. and Soc. Sc., vol. viii, Mar. 1915, pp. 15-31; National Tax Asso- ciation, Proceedings. 1914, pp. 264-269, 298-313, and 1915, pp. 279-334; Acts, 1909, pp. 13-14.

INDEMNITY LANDS. Lands certified to the State by the United States Government as compensation for deficiences in the lands act- ually received under original grants, whether sixteenth sections held by the State in trust for the public schools of the several town- ships, or the swamp and overflowed lands donated outright to the State .. All of these lands remaining undisposed of are at present under the jurisdiction of the State auditor (q. v.), by an act of June 19, 1915, and he is allowed an additional clerk to keep the necessary accounts and records. At the same time, under act of August 2, 1915, amending section 1782 of the code of 1907, the superin- tendent of education is authorized to sell, subject to the approval of the governor, all school and indemnity lands, or any part of the timber thereon. Sales of indemnity lands have been made from time to time since 1895, but the amount of the proceeds can not be stated because they have sometimes been com- bined in the auditors' reports with those from sales of sixteenth sections. In 1913 the super- intendent of education issued a bulletin pre- pared by W. J. Martin, State land agent, show- ing the indemnity lands which were to be sold publicly on various dates, beginning April 21, 1913. The lands were described as to location and as to approximate value of mineral con- tents. Detailed information regarding actual sales made is not at present accessible.

Genesis .- As early as 1872 the attention of the legislature had been directed to the act of Congress of February 26, 1859, under which the State was entitled to receive from the Government considerable acreage, "in the place of the sixteenth section lost by reason of private claims, pre-emption, Indian claims, or where the sixteenth section is wanting by

reason of State boundaries, rivers, etc."; in lieu of swamp and overflowed lands (q. v.), granted by act of Congress, September 28, 1850, but not received for similar reasons; and also to receive compensation for 5 per cent of the value of lands granted to the State upon its admission to the Union, which had been disposed of by military warrants and land scrip issued for military services in the wars of the United States.

A joint resolution of March 18, 1873, authorized the governor to appoint an agent in behalf of the State "to prosecute to final decision before Congress or in the courts," its claims on account of the two and three per cent funds (q. v.). The agent was to be allowed "such a compensation as shall be agreed upon between the governor and said agent, and to be paid only after the recovery of the claim, in whole or in part, and not to be paid out of any other fund." It was fur- ther provided "that the State shall not be otherwise liable for any expense whatever attending the prosecution of such claim."

734

HISTORY OF ALABAMA

Apparently no appointment was made under this authority, and no active steps in the pros- ecution of the claims were taken during the following six years.

The matter came before the legislature again in 1878, and an act was passed on Feb- ruary 12, 1879, which provided, among other things, "that the governor of the State be empowered, at his discretion, to employ under written contract such agent or agents as he may deem necessary under the present or any future act or acts of congress, to select and locate any swamp and overflowed lands here- tofore granted or that may hereafter be granted to the State by the congress of the United States, such agents to be paid only out of the proceeds of sales of swamp and overflowed lands."

State Agent Appointed .- In December, 1879, Gov. R. W. Cobb entered into a con- tract with John H. Caldwell, of Calhoun County, whereby the latter undertook, for a contingent remuneration, not only to pros- ecute the claims specifically set forth in the legislation referred to, but also "to examine into and ascertain what amounts are due from the United States to the State of Alabama on account of grants heretofore made or to be hereafter made by Congress to said State, and as such agent to receive and receipt in the name of the State, for all amounts which may be paid by the United States, as now due to the State of Alabama, on account hereinbefore mentioned, and to locate all swamp and over- flowed lands not heretofore secured and locat- ed to the State." The contract with Mr. Cald- well was renewed by Gov. E. A. O'Neal, Jan- uary 8, 1885, and Charles M. Shelley was associated with him under a similar contract. The claims of the State were vigorously pressed by the agents, and during the year 1886, they obtained from the Government, scrip for 33,884.91 acres of swamp and over- flowed lands.

On February 28, 1887, the legislature con- ferred more specific powers upon the gover- nor for the purpose of securing to the State "the benefits resulting from all claims .

against the United States . . . . under exist- ing laws or . . laws hereafter enacted." The act also authorized the governor to have the lands called for by the scrip already ob- tained selected and certified to the State. On December 11, 1886, the governor had been empowered to sell the indemnity swamp and overflowed lands, or the equivalent scrip. Pursuant to the first-mentioned act, Gov. Thomas Seay made a new contract with Mr. Caldwell, who shortly instituted proceedings against the United States; and, under a de- cision of the United States Supreme Court rendered October 24, 1887, the accumulated net proceeds of the two and three per cent funds, which had been withheld on the ground that the State had never paid its quota of the direct tax (q. v.) levied by Congress in 1861, were paid into the State treasury. The State's prorata of this tax was $529,313.33, and it had been thought to constitute a set-off against the claims of the State. However, the

Supreme Court held otherwise, and the ac- cumulations have since been paid over in accordance with the act of admission. The cost of litigation and the other expenses of collection were defrayed by the agent of the State.

In his report to the governor in 1889, Mr. Caldwell included certain information with respect to the claim of the State for indemnity school lands, under section 2275 of the United States Revised Statutes. He advanced the argument that the State was entitled to make its selections of such lands from any of the Government lands within its boundaries. The administration at first opposed this con- struction of the law; but, after much delay and litigation, the right of the State in behalf of the townships was affirmed, and the agent made selection of all indemnity school lands from the reserved mineral lands. His success in this particular was a considerable service to the school system, for the indemnity lands in the mineral district were of greater value and more readily saleable than the sixteenth sections originally granted in the several townships would have been.

Sales Authorized .- On December 9, 1890, the legislature authorized the superintendent of education to sell the school indemnity lands, subject to the approval of the governor, " at public or private sale, and for cash or part cash and part on time; provided that in no case should there be less than one-fourth of the purchase money in cash, and that the remainder should be paid in yearly install- ments, extending over a period of not more than three years, and secured by notes, with approved sureties, bearing interest from the date of sale. The proceeds of such sales were to be divided as follows: one-fourth to be paid to the agent of the State, and three -. fourths into the State treasury to the credit of the school fund of the township to which the land belonged. It further authorized him to lease any of the lands for a term not ex- ceeding 5 years, or to dispose of the minerals from them upon a royalty basis for a term not exceeding 20 years.

On December 12, 1892, an act was passed at the suggestion of Gov. Thomas G. Jones, providing for partitioning the indemnity lands between the State and Mr. Caldwell in accord- ance with the contracts under which they had been secured. This was done, one-fourth going to Caldwell, and the remainder to the State. Deeds to Caldwell for his lands were executed by the governor in behalf of the State. Gov. Wm. C. Oates informed the legis- lature on November 19, 1896, that the parti- tion had been made. Up to the end of 1894 none of the State's share of the lands had been sold, the governor believing that the general unprosperous conditions prevailing during the previous two years made it inad- visable to place them on the market.

On February 19, 1899, the senate adopted a resolution calling on the governor and the sup- erintendent of education to report the exact number of acres of indemnity lands received from the Government, their location and

735

HISTORY OF ALABAMA

value, and their character; that is, "whether coal, iron, mineral, agriculture [sic] or tim- ber lands"; the amount of the five per cent fund received and the disposition made of it; the consideration paid by John H. Caldwell for the lands deeded to him by the State, "and why it was that such great amount of said lands and such fund was paid said John H. Caldwell; and any other facts or information calculated to throw light and information upon this important . matter." Gov. Joseph F. Johnston and Supt. of. Education John W. Abercrombie replied on February 23. They reviewed the various transactions in connec- tion with the indemnity lands, and cited the terms of the contracts under which they had been secured by Caldwell as agent for the State. The governor gave the total number of acres received as 35,395, and their location and character as mineral lands in Bibb, Jef- ferson and Walker Counties; but he did not state what proportion was school indemnity and what swamp and overflowed land. On the same day an act was approved which author- Ized the governor to employ an agent "for the purpose of examining into the sale and dis- position heretofore made of school, or other lands belonging to the State with a view of recovering to the State lands which have illegally passed out of [its] possession."

See Auditor, The State; Sixteenth-Section Lands; Land Agent, the State; Swamp and Overflowed Lands; Two and Three Per Cent Funds.

REFERENCES .- U. S. Rev. Stat., secs. 2275-2277; U. S. Stat. at Large. vol. 11, p. 385; Code, 1896, secs. 3661, 3665; 1907, secs. 1782-1803; Acts, 1872-73, pp. 535-536; 1878-79, pp. 198-199; 1886- 87, pp. 73-74, 162; 1890-91, pp. 88-91; 1892-93, p. 74; General Acts, 1898-99, p. 116; Ibid, 1915, pp. 217, 266; Gov. Thomas Seay, "Message," in Senate Journal, 1886-87, pp. 441-443, and Ibid, 1888-89, pp. 245-247, and Ibid, 1890-91, pp. 25-26; Gov. Thomas G. Jones, Ibid, 1892-93, pp. 123-124, Ibid, 1894-95, p. 58; Gov. Wm. C. Oates, Ibid, 1896-97, p. 133; Gov. Joseph F. Johnston, Ibid, 1898-99, pp. 1136-1137; Senate Journal. 1898-99, pp. 1079-1080; Thomas Donaldson, The public domain (H. Mis. Doc. 45, pt. 4, 1884, 47th Cong., 2d sess.), pp. 223-231, 710-711, 1249-1250; Stephen B. Weeks, "History of public school education in Alabama," (in U. S. Bureau of Ed- ucation Bulletin No. 12, 1915), pp. 26-41; W. J. Martin, State land agent, Report, Apr. 20, 1911-Dec. 16, 1914 (1914, pp. 29), and "Sale of indemnity lands," in Dept. of Education, Bulletin, Apr. 1913 (1913, pp. 12); John H. Caldwell, Report to Gov. Thomas Seay, in House Journal, 1888-89, pp. 977-990.

INDEPENDENCE DAY. See Special Days.

INDIAN CHIEFS AND ASSOCIATED CHARACTERS. The characters discussed here have so much association with the his- toric connections of the State, that these sketches, while largely of a biographical na- ture, are given in this place because they pre- sent information not shown under other titles.

Vol. II-2

ALECK, CAPTAIN, or CAPTAIN ELICK, Creek Chief. The few general facts of the early life of this Lower Creek chief, as given by himself, are that he had lived so long among the white people that he looked upon himself as much a white as a red man; that the white people had given him the name he bore, Captain Aleck, and that he had always lived in friendship with the English.

Apart from these statements, an evidence of Captain Aleck's association with white peo- ple is the letter A, the first letter of Aleck, which he adopted as his mark in signing his name. That Captain Aleck had always been a true friend of the English is borne out by all the recorded facts extant of his history. He showed his loyalty by his actions. The first notice of him is in 1754, when all things pointed to rupture between England and France and between England and Spain. On November 11, accompanied by a few follow- ers, he called on Governor John Reynolds in council in Savannah and informed him that the French had persuaded some of the Upper Creeks to come to Mobile and receive pres- ents, and the Spaniards had done likewise in persuading some of the Lower Creeks to come to Pensacola for the same purpose. That he had not yet learned the objects of the French and Spaniards in these matters, but if he succeeded in doing so, he would inform the Governor. Captain Aleck's talk agreed with the reports that had already come to the ears of the Governor that the French and Span- iards were very busy in endeavoring to win the Creeks over to their respective interests. Some presents were the next day presented to Captain Aleck and his followers, with which they were well pleased.

On May 11, 1757, Captain Aleck and his brother Will, accompanied by twelve men and women, had a talk with Governor Ellis in the council chamber in Savannah. After a con- versation on several topics, the Governor told Captain Aleck that the Creeks should join no party to the prejudice of the English, to which Captain Aleck gave his full assent. The Governor then expatiated largely upon the cruelties of the French in all their pro- ceedings, and instanced a recent attempt by them to induce the Choctaws and Cherokees to exterminate the Chickasaws, which attempt proceeded solely from this desire to get pos- session of the lands of the Chickasaws. That the Great King expected the Creeks to join the English and assist them in driving back the French, who were daily encroaching on the Indians' lands, and who, if they should grow stronger, would treat the Creeks as they had lately tried to treat the Chickasaws. On the contrary, the English had honestly paid for the lands which they got from the In- dians. But the policy of the French was to be- come masters of the Indians' lands, after mur- dering the Indian inhabitants; and their pres- ent designs were either to cut the Indians off entirely, or to reduce them, their wives and children, to a state of slavery. The Eng- lish, on the other hand, were a people fond of trade and sent their ships laden with merchandise to all parts of the world; that

736

HISTORY OF ALABAMA

wherever they went, their study was to make people free and happy; and when they talked, their tongues and hearts went fast together; that the Great King showed the love he bore his red children by presents and by frequent and friendly talks. The French too gave presents, but these presents, like the rum drank by the Indians, however sweet it might be at first, always made them sick in the end. After other remarks, by no means compli- mentary to the French, the Governor closed his talk by saying that every Indian who went to war against the French, should receive for every French scalp a reward equal in value to eight pounds of deer skins; and for a French prisoner a reward equal in value to sixteen pounds of deer skins, which he would much rather pay for than for the scalps. For, although the English were known to be war- riors, it was likewise known that they took no pleasure in shedding human blood. Cap- tain Aleck in reply said that the Governor's talk was very true and just, that he had come down to hear a good talk and not for pres- ents, and so was not disappointed; that his brother would set off to the nation in a few days, and there was a beloved day approach- ing and his brother there would declare this talk before all the people, and no one could say that he had never heard it. Captain Aleck then applied for a grant of a piece of land or small island on which he was settled, but as he could not satisfactorily give its location, the consideration of his request was postponed, but he was told that if the land was vacant, or if the proprietor of it would accept other land in its place, he should have a grant for it. This matter settled, the Gov- ernor invited Captain Aleck and his brother to dine with him.

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History of Alabama and dictionary of Alabama biography, Volume II, Part 3

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: 724

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: 724