property by the assignees, in April, and the State became the purchaser, at the price of $312,000. Of the purchase-money, $100,000 was raised by a temporary loan, and the balance remains unpaid, the time for payment having been extended by Judge Busteed, of the United States District Court. At the time of the sale, two suits were still pending, the object of which was to overturn the bankruptcy proceedings, and prevent the State from obtaining control of the road, and the State of Georgia had also a lien upon that portion which was within her limits. These circumstances made it difficult for the Governor to find a purchaser on favorable terms. Parties were at length found who agreed to form a company to purchase it on the following

terms:

1. To assume the payment of the indorsed bonds, $4,720.000.

2. To pay all future accruing interest

3. To secure, by first mortgage bonds, running twenty years, all past due interest on said indorsed bonds.

4. To pay $212,000 due to the assignees in bankruptcy.

5. To refund the $100,000 paid the said assignees by the State.

6. To pay the further sum of $58,000, to aid in defraying the expenses incurred by the State in and about the road.

Before the consummation of this agreement, Judge Bradley, of the United States Supreme Court, sitting as a circuit judge, rendered a decree in substance confirming the bankruptcy proceedings, and establishing the validity of the liens of the State upon the road. The same judge appointed two receivers, with power to take possession of the road from Chattanooga to Meridian, but provided in the decree that said receivers should surrender it to any parties to whom the State of Alabama should sell. The appointment of receivers was designed to effect a delivery of the entire road and movable property belonging to it to the purchaser, without molestation or hinderance. The decree invested the receivers with power to raise $1,200,000 by mortgage on the road, to complete its construction and amply equip it. The receivers have taken possession of the road, repaired and put it in operation throughout its entire length. The purchasers, in accordance with agreement, have paid to Colonel Gindrat, the Governor's agent, $75,000, part of the $158,000 to be paid in cash to the State, promising to pay the balance in a short time. This they have thus far failed to do. Nor have they yet complied with the other stipulations of the contract. Hence, no conveyance has been

made to them.

The session of the Legislature which began in November, 1871, came to a final adjournment on the 26th of February. Besides the measures relating to the finances and railroads, already alluded to, several important acts were passed. First in importance was a new elec

tion law, the result of a compromise effected by a joint committee of members of both political parties. It provides that every male citizen, or person who has declared his intention of becoming a citizen, twenty-one years of age and upward, and a resident of the State six months, and of the county three months before the election, shall have the right to vote. It declares that the residence shall not be lost or acquired by temporary absence without the intention of remaining abseut, by being a student in any institution of learning, by being confined for safe keeping in a jail or penitentiary, by navigating any waters of the State, or the United States, or the highseas, without having acquired any other residence, or by being absent in the civil service of the State or the United States. The time of the election of various officers is fixed in accordance with their constitutional terms of office, beginning with the first Monday of November, 1872, and provision is made for special elections, to be ordered by the Governor, whenever they become necessary on account of vacancies. The counties are to be divided into election precincts in January of each year, and the places of voting are to be designated by the county commissioners. The Judge of Probate, Sheriff, and Clerk of the Circuit Court, or any two of them, must appoint their inspectors and one returning officer for each precinct. The inspectors are to conduct the election, and must take an oath to perform their duties to the best of their ability. The polls must be opened between seven and eight o'clock in the morning, and continue open until six in the evening. Whenever any person votes, one of the inspectors must receive his ballot and call his name audibly and distinctly; and the name of each elector, whose ballot has been received, must immediately be taken down by each clerk on separate lists, which are headed "names of voters," and called polllists, and the number of the order in which such elector votes must at the same time be entered by each clerk against his name, the first elector voting being numbered one, and the second number two, and so on to the last elector voting. Each ballot must be numbered in the same way, and deposited in the proper box without being examined. A board of challengers is to be appointed at the same time with the inspectors, and by the same officials. The members of said board of challengers must reside in the county, and, if practicable, in the precinct for which they are appointed, and shall consist of two intelligent and discreet electors from each political party in the State. And it shall be the duty of said board, or any member thereof, to challenge any person, offering to vote, whom they, or either of them, may know or suspect not to be lawfully entitled and duly qualified as an elector. And, if said board of challengers, or either of them, shall fail or refuse to attend at the time of opening the polls, it shall be the duty of the inspectors

of the election to supply by appointment the vacancy in said board. When any person offering to vote is challenged, if his ballot is not withdrawn, he must be required to take oath regarding his qualifications as a voter, and that he has not voted before or elsewhere on the same day, and perjury in such cases is punishable by imprisonment for not less than two years nor more than five, at the discretion of the jury trying the case. Penalties are also provided for the neglect of any of the officers named to perform the duties assigned to them, and for illegal or fraudulent voting. After the closing of the polls the votes are to be counted by the supervisors, and then sealed up in the boxes and returned by the returning officer to the Judge of Probate of the county. A statement of the number of the votes is within five days to be forwarded to the Secretary of State, except the votes for Governor, LieutenantGovernor, Secretary of State, Auditor, Treasurer, and Attorney-General, the statement of which is to be sent to the presiding officer of the Senate. Within five days after the meeting of the General Assembly the returns are to be opened and the result proclaimed, and certificates of election must be sent to the persons having the highest number of votes in each case. The election of any person declared elected may be contested for one or more of the following causes:

"1. For misconduct, fraud, or corruption, on the part of any inspector, clerk, returning officer, or board of supervisors.

"2. When the person whose election to such office is contested was not eligible thereto at the time of such election.

"3. On account of illegal votes. "4. Offers to bribe or bribery, intimidation, threats to discharge from employment, violence, abuse, or any other misconduct calculated to prevent a fair, free, and full exercise of the elective franchise.

"But no person shall contest the election of any person to any office on account of race, color, or previous condition of servitude."

The person contesting an election must give security for the costs of the contest, which he must pay if he fails to establish his case, and may recover from the party whose election is contested if he is successful. Provisions are made in detail for the trial in cases of contested elections. If it be shown that any other person than the one whose election is contested was legally elected, judgment must be given to that effect. Provision is next made for choosing presidential electors, and for the proper performance of their duties. The last sections of the act contain sundry general provisions, among them the following:

SEO. 92. Be it further enacted, That if any person, by bribery or offering to bribe, menace, threats, discharges, or threatens to discharge from employment, or by any other corrupt means, attempts to influence any elector in giving his vote, or deter him from giving the same, or disturb or hinder him in the free exercise of the right of suffrage at any elec

tion within this State, he is guilty of a misdemeanor, and, on conviction, must be fined not less than one hundred nor more than one thousand dollars, and sentenced to any workhouse or jail, of any county in this State, for not less than thirty days nor more than six months, at the discretion of the jury trying the same.

SEC. 93. Be it further enacted, That any person who fraudulently alters or changes the vote of any elector, by which such elector is prevented from voting as he intended, is guilty of a misdemeanor, and, on conviction, must be fined in not less than five hundred dollars.

duty of the sheriff of each county in this State, on SEC. 95. Be it further enacted, That it shall be the each day of election, to be present in person or by deputy, at all election precincts where elections are held in his county, whose duty it shall be to maintain good order, and no person shall be allowed casting his vote, in order that every elector who dewithin thirty feet of the ballot-box, except while sires to vote shall do so without interference or interruption; and to maintain good order, and carry out the intent and purposes of this act, such sheriff or his deputy may specially deputize a sufficient force to act at all election precincts on the day of any election, that he, in his judgment, may deem necessary to maintain good order; and, in case of necessity, raise a posse comitatus to put down all riots, or attempted riots, or disturbances.

SEC. 97. Be it further enacted, That if any person or persons disturb, on election-days, or prevent, or attempt in any way to disturb or prevent any elector from freely casting his ballot, such person or persons shall be guilty of a misdemeanor, and, on conviction, shall be fined not less than five hundred nor more than one thousand dollars, and sentenced to any workhouse or jail of any county of this State for not less than six months nor more than one year, at the discretion of the court trying the same.

SEC. 99. Be it further enacted, That it shall be unlawful for any person or persons to sell or give away any liquors of whatever kind or description during the day on which any election may be held in this State; and it shall be the duty of the sheriff, deputysheriff, or any constable, to arrest all persons violating the provisions of this section, as prescribed in the last preceding section of this act; and any person violating the provisions of this section is guilty of a misdemeanor, and, on conviction, must be fined and imprisoned, at the discretion of the court trying

the same.

SEO. 100. Be it further enacted, That any person, found drunk or intoxicated at or about any pollingplace during any election-day, shall be arrested by the sheriff or his deputy, and dealt with as prescribed in section 98 of this act, and may be indicted for a misdemeanor and suffer the pains and penalties pre

scribed in this act.

Among the other acts passed at this session, was one "to invite and procure immigration to the State of Alabama," and one "to encourage investments of money within the State by life insurance companies of other or foreign States." The latter gives to such companies the same rights and privileges as are held by companies incorporated in the State, provided they file with the Auditor an annual statement of their condition, showing the amount of their premium receipts, and of their investments in the State. By another act, the Agricultural and Mechanical College, for whose benefit certain lands were granted by Congress in 1862, was finally established at Auburn, "the East Alabama Male College having been purchased by the State for its use.

Subsequently, this institution was successfully organized. The fund of the college now amounts to $218,500, invested in 8 per cent. bonds. Acts were also passed providing for a central normal school at the University of Alabama, establishing a normal school for white female teachers, to be located in accordance with sealed proposals made to the Superintendent of Public Instruction, and providing for the education of teachers of colored schools. These last were approved in December, 1871. The new town of Seale was incorporated in Russell County. An act to authorize the sale of the swamp and overflowed lands of the State to the Mobile & Northwestern Railroad was vetoed by the Governor, on the ground that such a sale would not be in accordance with the object for which these lands were granted to the State by Congress, namely, "to enable the State of Alabama to construct necessary levees and drains to reclaim said lands."

The political campaign of the year was attended with considerable excitement, but no serious disorders. The Democratic State Convention was held at Montgomery on the 19th, 20th, and 21st of June. Presidential electors were named, and the following State ticket was put in nomination: For Governor, Thomas H. Herndon; for Lieutenant-Governor, Edward H. Moren; for Secretary of State, Jabez J. Parker; for Auditor, Thomas J. Burnett; for Treasurer, James F. Grant; for Attorney-General, John W. A. Sandford; for Superintendent of Public Instruction, Joseph Hodgson; for Commissioner of Industrial Resources, Edward F. Comegys; for Congressmen at large, Alpheus Baker, John J. Jolly.

The platform adopted by the convention was as follows:

Resolved, 1. That in the opinion of this convention, under existing circumstances, the National Democratic Convention ought not to make nominations in opposition to the nominations recently tended to instruct the delegates to be sent to Balti

made at Cincinnati. But this resolution is not in

ocratic Convention.

3. That this convention condemns, as alike demoralizing and dangerous to good order and peace, all associations of men formed to evade or violate the laws, whether State or Federal; that it is the duty of every good citizen to obey the laws, until repealed by the law-making power (or decided to be unconstitutional by a court of competent jurisdiction).

4. That this convention denounces as alarming to the citizen, and destructive to constitutional liberty, the use of the military in the execution of the laws, on the pretence of protecting the freedom of elections; that every person, who, by law, is entitled to vote, should be permitted to exercise this great privilege of freemen, unseduced by corrupt influences, and unawed by power; that the purity of the ballot box is the life of republics.

The Republican State Convention assembled at Montgomery on the 12th of August, and continued in session till the 16th. The nomi

nations were as follows: For Governor, David P. Lewis; Lieutenant-Governor, Alexander McKinstry; Secretary of State, Patrick Ragland; Auditor, R. T. Smith; Treasurer, Arthur Bingham; Superintendent of Public Instruction, Josiah H. Speed; Commissioner of Industrial Resources, Thomas Lambert; Congressmen at large, Alexander White and C. C. Sheeb. The platform consisted of four resolutions. The first indorsed the action of the National Convention of the party at Philadelphia; the second favored internal improvements on as liberal a scale as was consistent with prudence and economy; the third declared that it was the duty of Congress to secure the rights of citizens under the fourteenth amendment of the Federal Constitution by permanent legislation; the fourth declared that education of the people, generally, was the only means by which liberty and free government can be preserved, and opposed disfranchisement for any cause except crime.

The election occurred on the 5th of November, for all classes of officers throughout the State. The Board of Electors pledged to vote for the reëlection of President Grant were chosen by 10,828 majority, the total vote being 169,716, of which 90,272 were for the Republican, and 79,444 for the Liberal and Democratic ticket. The Republican State ticket was also successful. The total vote for Governor was 171,239, of which Lewis received 89,868, and Herndon 81,371, giving the former a majority of 8,497. Of the Congressmen elected, 5 were Republican and 3 Democratic. Much importance was attached to the election of menbers of the Legislature, not only on account of measures to be passed relating to public finances, etc., but because a Senator to Congress was to be chosen to succeed George E. Spencer.

The Legislature was to meet on the 18th of November, but before that date the correctness of the election returns was disputed. The Republicans claimed that certain persons who had received certificates of election in Barbour and Marengo Counties had been fraudulently counted in by the supervisors, for the purpose of securing a Democratic majority. On the day when the session was to commence, the Republican members declined to meet with the Democrats at the Capitol, because the persons having certificates of election from Barbour and Marengo Counties, being present and recognized as members, would put the organization and the decision of contested cases into the hands of the Democrats. They accordingly met separately at the United States Court-House in Montgomery, admitting to seats those who claimed to have been legally elected in the doubtful counties, but had not received certificates. Thus two bodies were sitting at once, each claiming to be the Legislature, and each having, according to its own decision, a constitutional quorum of the members elected. The Democratic body

at the Capitol organized and was recognized by Governor Lindsay as the legal Legislature. The Republicans in session at the Court-House sent a committee to wait on the Governor, but he replied that the Legislature could meet nowhere but at the Capitol, and that it had been regularly organized at that place. On the 23d of November, David P. Lewis was declared to have been elected Governor for the new term, and two days later he took possession of the executive office. Committees from both of the rival bodies waited on him, and that assembled at the Court-House was recognized by him as the Legislature. To the other he sent a communication, in which he gave his reasons for recognizing the Court-House division as the Legislature, in the following terms:

The right of a citizen to a seat in the General Assembly is derived from his having received the votes of a majority of the electors of the county or district which he claims to represent.

Representative government can rest on no other basis, which can secure its integrity and perpetuity,

and all laws which are enacted to arrive at this result are merely directory in their construction, and auxiliary in establishing the foundation of the right to act as such representative. A prima facie claim of right must yield to evidence which rebuts it, and no technical rules can be invoked which will exclude any evidence which is pertinent and competent in establishing the issue. Courts, in their investiga tion of facts, are limited in the admission of evidence only by its pertinency and competency, unless forbidden by some positive law, demanding its exclusion. And in this case, when the fact to be ascertained is no less momentous than whether the people are represented by those who have received the votes of the majority of the electors whom they claim to represent, the final decision of the question by prima facie evidence when other proof is obtain able, or by any technical rules which subordinate the essential fact in issue, would only invite the subtlety of fraud, to strangle the fundamental right of representative government in the meshes of its ingenuity.

It is true that the means possessed by this department of ascertaining the evidence necessary to its action are limited and imperfect.

The necessity for prompt action, and the want of power, preclude a full investigation, and legislative action for contesting disputed seats will afford a means of rectifying any error in the indispensable action demanded at my hands. The action of this department, by its recognition, only renders the body so recognized de facto the General Assembly of the State. The building in which the bodies assemble is of no significance in determining that either body is or is not the General Assembly. The constitution is silent as to where the General Assembly shall meet. The statute now in force only declares that it shall meet in the city of Montgomery. *** If the law constituting the General Assembly rendered the building in which it convened essential to the legal validity of the body, cases might arise in which a physical contest for the possession of the building could hardly be avoided in the heated rivalry of two bodies, each asserting its own claims. The essential question is, which of the bodies has a quorum of members, in its respective branches, who were elected by a majority of the electors in the counties and districts which they claim to represent? In the solution of this question, claimants of seats, having the certificates of the Secretary of State, authorized by the popular vote, are undoubtedly entitled to their seats, and it is equally clear that claimants of seats, without the certificate of the Secretary

of State, who have received the vote of a majority of electors voting in their counties or districts, are the lawful representatives of such communities. The three members from Barbour County and the three members from Marengo are both necessary to the quorum of either body claiming to be the House of Representatives. The House meeting at the Capitol contains these six members with the certificates of the Secretary of State, and has with them fifty-four members, or three over a quorum. The certificates of the Barbour claimants are contradicted by the returns of the Barbour supervisor, now on file in the office of the Secretary of State. These certificates the supervisors from counting a part of the Barbour were issued pending an injunction which restrained vote, on partial returns, which are completed, but not until the certificate was issued by the Secretary of State, and the Secretary refuses to issue any other certificate, though the complete returns show the certificates are issued to, and held by, gentlemen who received a decided minority of the votes of electors voting, as shown by the records in his office. the House upon the presentation of a new certificate Whatever duties may devolve upon the Speaker of regular upon its face, such a claim of right cannot stand before any tribunal on the facts above stated, whose duty it is to see that the fundamental principles of a representative government are to be practised.

In respect to the Marengo members in the House at the Capitol, while the members from that county hold certificates not contradicted by the returns in the office of the Secretary of State, it is beyond dispute that the supervisors cast out about 1,000 votes which were polled against the certificated members, leaving the majority of votes against these gentlemen, and in favor of the claimants of the seats in the House, assembled at the United States Court-room in this city. This presents a case of equal clearness against the certificated members in the House at the Capitol, and the rights of the majority of voters can only be vindicated by a recognition of the right of the gentlemen claiming seats in the House, at the United States Court-room, based upon the majority of the popular vote. This leaves the body at the Capitol, claiming to be the House of Representatives, with only forty-eight legal members, and is not a quorum under the laws of the land. And, as the constitution expressly declares that a "majority of each House shall constitute a quorum to do business," I find myself unable to recognize the bodies which you represent as the General Assembly of Alabama.

sessions from day to day, and issued an address The members at the Capitol continued their to the people, in which they argued the legality of their course and condemned the action of the Governor. On the 11th of December the Governor sent the sheriff of the county to take possession of the Capitol, but he was immediately arrested for contempt. Federal troops were stationed near by to preserve order in case of necessity, while the State_militia was at the call of the officers of the Legislature at the Capitol. Meantime, both bodies claiming to constitute the Legislature of the State had appealed to the President of the United States for recognition. The subject was referred to the Attorney-General, and he proposed a plan for a compromise and a settlement of the difficulty, which was accepted by both parties. This plan was as follows:

1. The officers of each organization shall tender their resignation, to take effect upon the permanent organization of the House of Representatives as hereinafter provided.

2. On the

inst., the hall of the House in the Capitol shall be vacated, and at 11 o'clock of that day all the persons holding certificates of election as Representatives shall assemble therein; but the persons holding the certificates of Secretary Ragland shall be the only representatives seated from Barbour County, and shall make, in the usual manner, a temporary organization. 3. Two tellers, one Republican and one Democrat, shall be appointed by the Speaker pro tem., who shall publicly, and in the presence of the House, count the votes cast for Representatives in the County of Marengo, and for that purpose they shall take the returns of the precinct inspectors of said county, or, in case they cannot be procured, the evidence of said inspectors, as far as the same may be necessary, to ascertain the actual vote cast as aforesaid; and the persons found upon such count to have the highest number of votes for Representatives shall be seated as such from said county; but the persons now holding certificates of election as Representatives from Marengo shall not vote upon or in said temporary organization; nor shall any business other than deciding the contest as to said county be transacted during such organization.

4. When such contest is determined, the House shall make a permanent organization in the usual

Way.

5. On said the instant, the Senate-Chamber shall be vacant, and at 12 o'clock the persons holding certificates of election as Senators shall assemble therein, and organize, with the Lieutenant-Governor presiding, with the person holding the certificate of Secretary Ragland in his seat as the only Senator from Barbour County, and the votes for Senator in Marengo County shall be counted in the same way, and upon the same kind of evidence as is hereinbefore provided for the House contest as to said county, and upon such count the person found to have the highest number of votes for Senator from said county shall be seated as such, but the person now holding the certificate of election to the Senate from said county shall not vote upon any question while the contest about his seat is pending; and then the contest as to the district comprising the counties of Butler and Conecuh shall be decided in the same way and upon the same kind of evidence, and the person now holding the certificate of election as Senator from said district shall not vote upon any question before he is declared elected upon a count of the votes of said district as aforesaid, nor shall the Senate do any other business before these contests are

settled.

No person not holding a certificate of election shall take a seat in either body until his right thereto is affirmed as above provided.

All those claiming to be members, and seated in either organization, shall be allowed mileage and per diem compensation prior to the temporary organization, as herein before provided for: after which persons holding certificates from Secretary Parker for Bourbon County shall cease to draw pay, and those contesting seats for Marengo and the district of Butler and Conecuh who are finally excluded shall be allowed per diem pay until said contests are respectively ended, and the officers and employés of each organization shall be paid the usual compensation.

(Signed) GEORGE H. WILLIAMS,

Attorney-General.

The two Houses were subsequently organized and the contested election cases went over the holiday recess. The proceedings thereon will form part of the record for 1873. AMERICA. All questions between the United States and Great Britain were adjusted during the year. The Board of Commissioners, appointed by the respective Governments, duly assembled at Geneva, in Switzerland,

and, after a patient hearing of the claims of each, made a pecuniary award to the United States. This result was accepted by each nation. The question of the Northwestern boundary between the same Governments, which was submitted to the Emperor of Germany, was decided by him in favor of the claims of the United States. It involved the possession of the island of San Juan. Immediately after the decision was officially known, the British forces were withdrawn from the The presidential occupation of the island. election in the United States took place during the year, and resulted in the choice of President Grant for a second term. The reduction of the public debt during the year has been $83,278,375. The Enforcement Act of Congress was continued in force for the year, and in April the President issued his proclamation relative to disturbances in South Carolina. Many destructive fires occurred, especially one in Boston, on November 9th and 10th, at which the loss was estimated at $78,000,000, of which $60,000,000 was personal property, and $18,000.000 the value of buildings.

The peace of the South American States was disturbed by no foreign war during the year, but internal strife prevailed intermittently in Ecuador, Venezuela, Peru, and the Argentine Republic. A serious revolution was discovered in the latter country on the eve of its outbreak. The chief fomenter was General Arredondo, the notorious revolutionary leader. Indian raids were productive of much loss of life and property; and in the Tandil massacre 35 persons were killed by a band of religious fanatics. The Paraguayo-Brazilian question, so long at issue between the Cabinets of Rio de Janeiro and Buenos Ayres, was amicably terminated, and cordial relations restored between the two countries. A few cases of yellow fever appeared at Buenos Ayres and Montevideo, and the disease raged for some time at Rio de Janeiro. Small-pox had been rife in Chili; and an epidemic had attacked three Brazilian towns, and carried off 8,000 out of 13,000. The sanitary condition of Guayaquil and some other towns in Ecuador had been ameliorated; and the Government of Buenos Ayres was taking active measures for the establishment of adequate water-works and a regular system of street-sewerage. The elections in Brazil were attended by much agitation and some bloodshed; most of the members returned were from the republican ranks. Paraguay ceded to Brazil, as a war-indemnity, the territory comprised between the Paraguay and Paraná Rivers, north of the Apa, about 1,000 geographical square miles. The boundary question is not yet settled between the Argentine and Bolivian Republics; the latter still urges her claim to the Chaco as far south as the Bermejo, and had already formed and begun to colonize a new province, corresponding to the Argentine province of Salta. The Bermejo will probably be the west dividing