The Birmingham age-herald., 1912-09-05
TEN YEARS OF ALABAMA
No. 35-Administration of Governor Smith
1865-1874

the people of Alabama created the of fee of attorney general and impowered its incumbent, chosen by the general assembly, to retain it for the period of four years. In December 1865, I was duly elected to be attorney general. My term of office has not expired nor has the office been abolished.
 But since my election Congress has passed an act. TO provide for the more efficient government of the rebel states and has enacted other laws supplementary to it. These form a se- ries of statutes, as irrational, vindic- tive and iniquitous as ever blurred the record and infamized the name of any people pretending to be civilized. Their authors. feigning respect for pop ular rights, incorporated in them cer- tain conditions upon the performance of which the constitution of the states, existing at the time of their passage, would be superseded. Tn aid of this project, under military supervision, a registration of the inhabitants of the state without regard to citizenship was made: an election was held; a con vention assem bled and, after a session of several weeks it submitted for adop- tion. to those who had been registered, an instrument purporting to be a con stitution. The polls were opened and. dlttI pTOilatltu tltctloH anu lIe ell- ployment of extraordinary means, it failed to receive the number of votes requisite under the law for it's rati- fication. This fact you, with becom- ing frankness, reported to your su- perior. As the conditions of the re construction act were not performed. the constitution of Alabama in force when they were passed is the con stitution of the state today. That con- eli if,tft lon, aerfn 1, oil 1 partments of the federal government, both military and civil, and under it claim to be the attorney general of Alabama
 But you assumed that I have no title to the office and your order ex- polling one from it renders a recourse to the courts of justice at this time i'm practicable and useless Your inter ference between the person who might have demanded 1t and myself was as unnecessary as 1t was unlawful. For there Is neither constitutional provi- sion nor obligatory legislative enact ment that authorizes a major general of the army to displace the officers of a state government or to determine the validity of the commissions under which they discharge the duties of their of Aces.
 "Therefore, sir, protest against your
  and illegal; as violative of private rights: as commissive of public wrong; as subversive of the rights of Alabama as a state of the union; as oppressive of her citizens and as an act of usurpation which elevates mill itary power above civil authority. tend ing to overthrow the institutions and liberty of the country.
 q confess that regret my resistance to your order is confined merely to a protest. Of the futility of it I am fully advised. My experience in the last three years has taught me how unre- dressed are the wrongs of an indi- vidual. or a people, whose rights exist in grace and whose remedies are in en- treaty only.
 "Aithough there Is neither any law nor valid reason, nor rule of justice that can sanction your order, still l am persuaded to obey it by the cogent logic of federal bayonets. I am, very respectfully, your obedient servant,
 JOHN w. A. SANFORD,
 "Attorney General of Alabama
 Secretary of State Micah Jaul of Tal- ladega sent his protest to General Meade in no less uncertain tones. He gave way to Charles A. Miller of New York.
 While Sanford wrote his fiery and noble protest Associate Justice Byrd at his home in Selma thus addressed through the press of the state the whole people:
 Selma. July IS, 1868. "To the People of Alabama:
 'I learn through the press that Messrs. Peck. Peters and Saffold have intruded themselves under the author ity and protection of the military into the office of judges of the supreme court of the state. As one of the judges elected under the constitution of 1865, which established legitimate government and received the express sanction of the President and the im- piled approval of Congress by the sub mission of the (article o) amend ment to the national constitution to the legislatures assembled under that constitution and by other acts. I feel 1t to be my duty to you to protest against that intrusion.
 "In face of bayonets. you and l alike are without remedy. We must submit to military power. I cheerfully resume my position in the ranks of the white race of my native state to share with them tho privations and sufferings that await us excluded as many are from the common inheritance of freemen. Very respectfully, w. NJ BYRD.
 Let us turn back just a little to insert the following correspondence
 'Headquarters Sub
 District of Alabama.
 Montgomery. Ala. March 2l, 1868. Judge John Moore, Judicial Circuit, Sel-
 ma, Ala:
 "Sir-In obedience to instructions from the commanding general third military district, I am directed to state that the major general views your instructions to the sheriff, to conine his selection Of jurors to white persons. as an infraction of G. o. Nos. 53 and 55. series of 1867, and unless you are willing to acouiesce in this decision you will be removed from or flee.
 "A prompt reply is respectfully re- ouested.
 1T am. judge, very respectfully. your obedient servant. O. l.. CHEPHLRD,
 "Brlgadier General, U. s. Az
 To this Judge Moore made prompt re- ply:
 Selma. Ala, March 24. 1868.
 Brig. Gen. O. l.. Shepherd. Com
 manding Sub-District of Alabama:
 ''Sir-Your communication of the Fist fs, ,Gv,tp he