USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume II > Part 50
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MICA. Merchantable mica is to be ob- tained at a number of places in Chilton, Coosa, Clay, Cleburne, and Randolph Counties. In a belt of mica schists extending through these counties, there are frequent veins of a coarse grained granite or pegmatite, in which the constituent minerals, quartz, feldspar, and mica, are segregated in large masses. The feldspar usually is weathered into kaolin, and the mica generally is in the form of large, rough masses or bowlders, from which it may
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be split out in sheets. In very early times the mica in this belt was mined, as evidenced by trees growing in some of the old pits which are more than 18 inches in diameter. There are large piles of refuse mica around the mouths of these old mines, indicating that considerable quantities of mineral have been taken from them. The most important mica mining operations in the State have been carried on near Pyriton in Clay County, near Micaville in Cleburne County, and at two or three localities in Randolph.
REFERENCES .- Smith and McCalley, Index to mineral resources of Alabama (Geol. Survey of Ala., Bulletin 9, 1904), pp. 59-60; U. S. Geol. Survey, Mineral resources of United States, 1893, pp. 748-755.
MIDDLE TENNESSEE & ALABAMA RAILWAY COMPANY. See Nashville, Chat- tanooga and St. Louis Railway.
MIDLAND CITY. Post office and incor- porated town, on the Atlantic Coast Line Railroad, in the southeastern corner of Dale County, midway between Pinckard and Grimes, and 15 miles southeast of Ozark. Altitude: 367 feet. Population: 1900-304; 1910-539. The First National is the only bank. The Midland City Enterprise, a weekly newspaper established in 1907, is published there. It was incorporated in 1890, and adopted the municipal code of 1907 in June, 1908. It has a city hall, jail, brick public school, costing $12,000, and located on a 6-acre campus, a Masonic hall, a W. O. W. hall, and a privately owned waterworks sys- tem installed in 1909. Its industries are an oil mill, a cotton ginnery, and a flour and grist mill.
MIDWAY. Post office and incorporated town, on the Central of Georgia Railway, in the eastern part of Bullock County, on the headwaters of Pea River, 14 miles southeast of Union Springs, and about 25 miles north- west of Eufaula. Altitude: 506 feet. Pop- ulation: 1880-800; 1890-612; 1900-430; 1910-464. It was incorporated in the early eighties. The Pruitt, Crymes, and Glenn fam- ilies were among the early settlers, It is in the heart of a fine farming region.
REFERENCES .- Brewer, Alabama (1872), p. 144; Berney, Handbook (1892), p. 271; North- ern Alabama (1888), p. 185; Polk's Alabama gazetteer, 1888-9, p. 495; Alabama Official and Statistical Register, 1915.
MILITARY COMMISSION. See Governor; Adjutant and Inspector General; Quarter- master General.
MILITARY FORCES OF THE STATE. The militia is one of the most venerable of the state institutions. Its history as a gen- eral organization on a definite plan began with the Mississippi Territory "Militia Law" of 1807. Under this law every free white male citizen from sixteen to fifty years of age was subject to enrollment, except the territorial officers, judicial and executive,
licensed ministers of the gospel, keepers of the public jails and of public ferries. As illustrative of the character of equipment used in those days, the following extract from the original act is given: "That every citizen so enrolled and notified, shall, within six months thereafter, or as soon as such can be had in the territory, provide himself with a good musquet or fire-lock, a sufficient bay- onet and belt, two spare flints and a knap- sack, a pouch, with a box to contain therein not less than twenty-four cartridges, suited to the bore of his musquet or fire-lock, to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot- pouch and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out, to exercise, or into service, except when called out on company days to exercise only, when he may appear without a knapsack. The commissioned officers severally, shall be arm- ed with a sword or hanger. . .
The general plan of organization was based upon one regiment of two battalions in each county, to consist of as many companies of forty-five members, rank and file, as could be formed, the whole comprising one brigade. The officers were a brigadier-general, with one brigade inspector who served also as brigade major; and for each regiment, a lieutenant, colonel commandant; for each battalion, a major; for each company, a cap- tain, a lieutenant, an ensign, four sergeants, four corporals, a drummer, a fifer or bugler; the non-commissioned officers to be appointed by the captain. The regimental staff officers were: an adjutant, a quartermaster, a pay- master, a surgeon and a surgeon's mate, a sergeant major, a drum major, and a fife major, all appointed by the commanding of- ficer. At present the Alabama National Guard is officered the same as similar grades of service in the United States army.
At the outset a muster of every company was required to be held every three months; a battalion muster in February, and a regi- mental muster in October of each year, but in 1821 the law was changed so as to re- quire only two company musters each year, one in April, the other in October. The Gov- ernor was empowered to call out such a num- ber of militia troops as he might think neces- sary to quell insurrection or repel invasion, and while in active service they were gov- erned by the United States articles of war and received the same pay and rations as United States troops.
The organization also provided for a "pa- trol" to regulate and discipline roving or unruly slaves and other disorderly per- sons, and a system of ânes and forfeitures to insure enrollment and attendance at mus- ters and drills. The administration of the disciplinary system was in the hands of courts martial composed of designated militia officers.
In 1814 the Governor was authorized to accept volunteers from exempted classes of citizens and commission them to act in de-
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fence of their counties in cases of emerg- ency. Companies so formed were subject to the same rules and regulations as the rest of the militia .- Toulmin's Digest, 1823, p. 586. In the same year a section was in- serted in a law governing various details of militia service, providing for the use of the territorial troops when needed in the service of the United States; also a clause exempting the members of the territorial legislature from militia duty .- Ibid, pp. 587- 588. In 1816 the command of each regi- ment consisting of two battalions was vested in a colonel, a lieutenant-colonel, and a major. Where there were two counties, neither sufficiently populous to form a regi- ment, they might form one by uniting their battalions, but each battalion had to muster separately and was not permitted to leave its own county to attend regimental muster. The exemption clauses were modified so as to provide that coroners, justices of the peace, practicing physicians, and keepers of the public jails should not be subject to ordinary militia duty but might be drafted for actual service .- Ibid, pp. 589-590.
The law providing for the consolidation of the militia into one brigade and the appoint- ment of a brigadier-general was repealed in 1818 and the Governor was empowered to arrange the respective regiments, battalions and companies as he saw fit, and call out any portion of it that he deemed proper when the public safety required, or upon requisi- tion of the United States government .- Ibid. pp. 590-91.
The Constitution of 1819 empowered the General Assembly of the State to provide by law for the organization and discipline of the militia, and provided that "Any person who has conscientious scruples to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service." The first State militia law was passed in 1820. It changed the former exemption clauses so as to make liable for service "all free white men and indented servants between the age of eighteen and forty-five years," and ex- empted judges, solicitors and clerks of all State and county courts, licensed ministers of the gospel, justices of the peace, post- masters and postriders, "except in cases of imminent danger, insurrection or invasion." In 1822 millers were added to the exempted list, and by 1830 the list had been further extended to embrace commissioners of rev- enue and roads, the directors, cashier, teller, and clerks of the State Bank, land office em- ployees and all officers, servants and students of the State university. The State was divided into four military divisions composed of nine brigades, each commanded by a brigadier- general. A brigade consisted of not less than two or more than five regiments, each commanded by a colonel. A regiment con- sisted of two battalions, the first commanded by a lieutenant-colonel, the second by a ma- jor. Battalions contained not less than two nor more than five companies, of not less than forty privates, each commanded by a captain, lieutenant, ensign, four sergeants,
four corporals and two musicians. All of- ficers above the rank of captain were elected by the commissioned officers of their re- spective commands until 1832 when they were made elective by all the members of their commands; captains and suhalterns by the enlisted men in their respective com- panies. All officers held their commissions during good behavior and could not resign under two years except by permission of a court martial. The discipline system was administered by courts martial which, in the cases of privates or non-commissioned of- ficers, might inflict the death penalty for failure to respond to drafts, but no sentence of such a court which affected the life of a commissioned officer could be executed until approved by the Governor and four-fifths of both houses of the General Assembly. Pro- vision was made for one troop of cavalry and one company of artillery in each regi- ment, and one company of volunteer light infantry or riflemen. The higher officers were first supplied with copies of the United States infantry tactics in 1831, and in 1835 officers who should serve five years were de- clared exempt from road and military duty except in cases of invasion or insurrection.
In 1837 the General Assembly formally adopted a "System of Militia Laws" or "Mili- tary Code," prepared by Generals George W. Crabb (q. v.) and J. T. Bradford (q. v.) This code permitted the purchase of exemp- tion by payment of five dollars a year, but this provision was repealed two years later. The list of persons legally exempt was ex- tended to include, in addition to those ex- empt under former laws, all United States officials and members of Congress with their clerks, pilots, mariners actually in service, professors, teachers and students of every public school in the State. The service was divided into two general classes: militia and volunteers, both governed by the same regu- lations, and differing mainly with respect only to the method of their original organ- ization and equipment. The militia was equipped by the State, the volunteers largely at their own expense before mustering in. In other respects organization provided for in the Military Code was much the same as that previously existing .- Aikin's Digest Sup- plement, 1841, pp. 123-169.
In 1852 a revision of the old Military Code was adopted, but it involved no radical de- partures from the former general plan.
When the War of Secession began most of the militia joined the regular or volunteer forces either by companies or individually and the militia was relegated to a subordin- ate and inconspicuous position. The legis- lature enacted a law in 1863 organizing a militia to take the place of the State troops transferred to the Confederate service. The new troops consisted mainly of men under seventeen and over forty-five years of age, formerly exempt, and those physicially unfit for service in the volunteer forces. These men formed a "home-guard" and could be ordered out by the Governor in cases of in- vasion or insurrection and for the enforce-
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ment of the laws, including the suppression of illicit distilleries, in any part of the State. The Governor was given wide discretionary powers in raising these troops, but in other respects the law followed closely the pro- visions of previous military codes, save for an extension of the limits to include the ages of fifteen to sixty years and relaxation of the physical standard
for recruits. The cadets of the university, previously exempt from all military service, were organized into a corps under this act and made subject to the Governor's orders for service within the State. A section of the law provided: "the enumerating officer shall note which of the persons enumerated has an efficient gun, and which has not, and which of them will fur- nish his own horse, saddle and bridle, and serve as mounted men. . The Gover- nor was authorized to have "efficient guns" supplied to persons who had none; and to carry out the purposes of the act, an appro- priation of half a million dollars was made. -Acts of Alabama, 1863 pp. 3-11. At the same time another law was enacted to pro- vide for exemptions from militia service, in which numerous classes of persons formerly subject were excused .- Ibid. pp. 12-13. Later in the same year these laws were amended so as to provide for drafting the militia into the Confederate service .- Ibid. pp. 95-96.
A general restoration of the State militia organization was provided for by legislative enactment in 1877, dependence for recruits being placed mainly upon the enrollment of entire companies of volunteers having their own elected officers .- Ibid. 1877, pp. 82-90. In 1881 a thorough reorganization of the entire military establishment was undertak- en, which contemplated the retention of the volunteer companies already in service, but provided for placing the whole service under the regulations and tactics used by the United States army. This act repealed the law of 1877, cited above, and all previous conflict- ing legislation. The official designation was changed from "Alabama State Militia" to "Alabama State Troops."-Ibid. 1880-81, pp. 103-117.
Since 1897 the State's military forces have been known as the "Alabama National Guard," and active members have been ex- empt from the payment of poll tax and from jury duty .- Ibid. 1896-97, pp. 1308-1324.
Another general law was passed in 1899 but made only minor changes in the regu- lations; among them, the exemption of guardsmen from road duty and street tax as well as from poll tax and jury duty, and the regulation of their pay when in active service. Commissioned officers were to re- ceive half the pay allowed United States of- ficers of similar rank, and non-commissioned officers and privates, double the pay and the same allowances provided by law for men of similar rank in the United States army. Other provisions of the new law were: the annual encampment of the National Guard for the purpose of drill and discipline; the authorizing of commanding officers to pre-
vent the sale or giving away of liquors of any sort in or within one-eighth of a mile of military camps, and to suppress the sale of arms, ammunition, dynamite, or other ex- plosives in the vicinity of camps or head- quarters of troops on active duty .- Ibid. 1898-99, pp. 136-153.
In 1909 the pay of commissioned officers of the Alabama National Guard was by law made the same as that of officers of similar rank in the United States army .- Ibid 1909, pp. 326-327. The legislature, at its extra session of 1911, passed a general law regu- lating the National Guard, but as most of its important features were retained in the law of 1915, which governs the present es- tablishment, it is unnecessary to discuss it in detail. (See Acts of Alabama, 1911, pp. 651-673).
The present law provides for one division of which the Governor is commander-in-chief, except when called into the service of the United States, but he does not command personally in the field except by resolution of the legislature. Its organization, arma- ment and discipline are the same as the regu- lar and volunteer forces of the United States. The active administration and supervision of military affairs is the duty of the adjutant- general (q. v.) and his assistants, although general orders are issued upon the authority of the Governor as commander-in-chief. The law prescribes in detail the daily rate of pay of each class of service, both rank and file, when on active duty. The minimum numerical strength of a company, troop or battery is sixty-one officers and men. Small appropriations are made from State funds to defray the expenses "necessary and incident to the upkeep of" each company, troop, bat- tery, hospital corps, and band, and the gov- erning body of each county is authorized to make similar appropriations for the same purpose. At least two drills or practice marches each month are required and the men are subject to fine, at the discretion of a court martial, for non-attendance. No or- ganization may go out of its home county except by permission of the Governor. Phy- sical examination before enlistment is re- quired and enlistments are for three years. Exemptions from taxes and jury duty re- main as before, and provision is made for retirement without pay or allowance after ten years active service. Discrimination against members of the Alabama National Guard at public places of entertainment or amusement on account of the uniform is pro- hibited and penalized .- Ibid. 1915, pp. 745- 766.
REFERENCES .- Toulmin's Digest of Missis- sippi Territory Statutes, 1807, pp. 56-83; Toul- min's Digest of Alabama Laws, 1823, pp. 586- 623; Aikin's Digest Supplement, 1841, pp. 123- 169; Codes, 1852, 1867, 1876, 1886, 1896, 1907, passim; Acts of Alabama cited above; Owen's Bibliography of Alabama, pp. 1057-1058 (Wash- ington, D. C., 1898) ; Crabb and Bradford, Military code of Alabama (1838.)
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MILITARY RESERVATIONS. See Forts and Defensive Works.
MILITIA. See Military Forces of the State.
MILLPORT. Post office and incorporated town, on the Southern Railway, in the south- ern part of Lamar County, T. 15, R. 16 W., 14 miles south of Vernon, 20 miles north of Carrollton, and 24 miles east of Columbus, Miss. Population: 1888-150; 1890-244; 1900-357; 1910-529; 1916-700. It was founded in 1882. The Millport State Bank is its only banking institution. Its industries are a sawmill, a planing mill, 2 cotton gin- neries, and a gristmill.
The original settlement was made about 3 miles west of the present town in 1848. In 1858 it was moved to a point one-half mile south of the present site. It was established in its present location when the Georgia Pa- cific Railroad (now Southern Railway) was built. The earliest settlers were W. J. Mc- Adams, C. V. McCafferty, A. F. Andrews, W. W. Welch, W. C. Williams, J. W. Shelton, Dr. L. C. Blakeney, Rev. George M. Lyle, Rev. T. M. Shelton, and R. G. Isbell.
REFERENCE .- Manuscript data in the Ala- bama Department of Archives and History.
MILLS. All grist mills, which grind for toll, are public mills under the laws of Ala- hama. These are either water mills, or mills operated by steam power. Occasionally tread mills are in operation. The falling off in the last fifty years in wheat growing, and corn production, and the importation of both meal and flour in large quantities has caused many of the old water mills to fall into decay. Practically all of the oldest types of mills grinding wheat have disappeared. In sever- al cities modern milling plants have been erected and appear to be turning out a sat- isfactory production.
Records exist of the erection of the grist mill almost immediately following the estab- lishment of settlements in the new territory in early pioneer times. They were of the rudest character, and of small capacity. In their actual operation, the owners exacted such toll and observed such regulations as would exist with reference to any other priv- ate enterprise. The regulations which ob- tained in the States from which the owners came usually were adopted, and thus a varia- tion of practice existed in different parts of the country. In 1811, December 7, the Mis- sissippi Territorial Legislature passed a gen- eral statute "to encourage the building of mills, and directing the duties of millers." On December 14, 1812, this act was amend- ed and enlarged, and this statute is substan- tially the same as that in force today. As the country built up, and the necessity arose for regulating the location of mill sites, and the building of dams, both from economic and sanitary considerations, appropriate laws were enacted. Privilege of erecting dams for mills is held by the courts of the State to be against common right, and all the re- quirements of the law, in order to perfect the right or privilege, must be complied
with. A fundamental pre-requisite is that the proposed mill must be for public use or op- erated for the public. Any one proposing to erect a dam must institute a proceeding in the probate court, and a hearing had in due form. Before authority will be granted, it must appear that the proposed dam will not overflow the lands above and below the site selected, that it will not overflow the residences, outhouses, enclosures, gardens, or orchards, of the owners of the lands immedi- ate adjacent, that the health of the neighbor- hood will probably not be endangered, and that no other mill, factory, or water works will be overflowed. A ditch or canal neces- sary in connection with the erection of a mill may be condemned for use in that be- half by the same character of proceedings, and a dam may be raised or elevated in the same way.
The water powers of Alabama are natur- ally adapted for mill sites, and dams are usually erected with small cost, although in localities apparently wholly unsuited to the erection of a mill, dams have been built. In 1904 the government, through the U. S. Geo- logical Survey, published a volume by B. M. Hall on the water powers of Alabama, in the statistical section of which was compiled a list of mills and plants, then in operation, all arranged by counties. Some of those listed, included locations which have been the site of mills since territorial times.
The mill pond, or the water accumulated by the dam, in many cases covered a large area. These were stocked with fish, and later they became the nesting place for wa- ter birds. Boats were provided and both in season and out of season, sportsmen, either hunter or fisherman, found recreation. The theories, obtaining both among laymen and the medical profession, as to the cause of disease found reflection in the laws govern- ing the erection of dams. In the law of 1812, "the freeholders or land owners" ap- pointed to view the land upon which the mill was to be located and the dam erected, among other things, "were to inquire whether in their opinion, the health of the neighbours would be materially annoyed by the stagna- tion of waters." Because of freshets dams were often washed away, and mills them- selves seriously injured. These were haz- ards, however, incident to the enterprise.
The miller was an important personage. He was true to the pictures usually painted of him. He was jolly and good natured, both talkative and reserved as occasion de- manded, and the repository of more confi- dences than any one in the community except the family physician.
The rules of the business are few and simple. The owners and keeper of the mill and his employees were required to grind the grain brought to their mill in rotation, and "according to turn." The toll allowed was at first fixed by the court of county com- missioners, but since the act of December 9, 1820, the lawful toll authorized has been "one-eighth part of the grain so ground." The right to erect a dam was accompanied
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with certain burdens, including a provision that in case it was destroyed or materially impaired it should be rebuilt within three years. The miller was also liable as bailee for hire for any loss or injury to grain de- posited with him for grinding, where the injury resulted from his own mill. He was also liable to the owner for injury to grain, in the event it was improperly ground.
REFERENCES .- Toulmin, Digest. 1823, pp. 623- 626; Code of Ala., 1907, secs. 3888-3909, 4892; Owen v. Jordan, 27 Ala. p. 608; Saddler v. Lang- ham, 34 Ala. p. 311.
MILLSTONES, GRINDSTONES, AND WHETSTONES. Good millstones are obtained from several of the conglomerate formations of the State, especially from those of the Weisner quartzite, the Coal Measures, and the Lafayette. The sandstones of the Cam- brian and of the Red Mountain and Coal Measures formations have been found suitable for grindstones. Certain of the thin, lami- nated, sandy shales of the Coal Measures have served as whetstones of a very good quality.
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