An act supplementary to the act passed by the two Houses of the General Assembly, during their present Session, entitled, "an act to provide for organizing and disciplining the Militia of the State of Alabama;" and an act entitled "an act to regulate the proceedings of the courts of Law and Equity in this State."
Sec. 1. Be it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That instead of a Lieutenant Colonel for each county, in which there is or may be only one battalion, as prescribed by the act, to which this is a supplement, there shall be a Major Commandant, who shall be appointed in the manner, and perform the duties, which were assigned for the Lieutenant Colonel.
Sec. 2. And be it further enacted, That instead of first and second Lieutenants to each company, there shall be one Lieutenant, who shall be elected in the manner prescribed by the act aforesaid. And the Governor is hereby authorized, to designate the time when, and the places in the several counties at which the several elections of militia officers shall be held, and also to prescribe such rules and regulations for conducting the same, as may be necessary to carry into effect the provisions of this act, and the act to which it is a supplement.
Sec. 3. And be it further enacted, That the county of St. Clair shall embrace all that tract country belonging to the Cherokee nation of Indians, within the limits of this State and that the county of Montgomery shall embrace all that tract of country belonging to the Creek nation of Indians, lying within the limits of this State and that the county of Marengo shall embrace, within its limits, all that tract country, within the limits of this State, belonging to the Choctaw nation of Indians, and that the county of
Franklin shall extend to embrace all that tract of country belonging to the Chickasaw nation of Indians, lying within the limits of this State, so far as it may be necessary to give effect to the laws punishing citizens, who have offended against the criminal laws of this State, or of the United States, within the nations aforesaid.
Sec. 4. And be it further enacted, That a judge, who has decided on a case, in a circuit court of any county of this State, shall not decide upon the same case, in the Supreme Court.
An act to regulate Patrols, and for other purposes.
SECTION 1. BE it enacted by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That every male owner of slaves, and all other persons below the rank of ensign, liable to perform military duty, are hereby declared liable to perform patrol duty, as hereinafter directed but shall be at liberty to send a substitute to perform said duty in their stead.
Sec. 2. It shall be the duty of every Captain of Infantry in this State, to cause to be made a complete list of all the male persons within the bounds of his company, liable to perform patrol duty: including in the said list every person liable as aforesaid, whether belonging to the militia company under his command, or to any other company; and in the said list the said captain shall cause to be included every person liable as aforesaid, who shall come to reside within said bounds, within ten days after such person shall reside therein: and shall be their duty to regulate patrols within their own companies, by making, at every company muster of their respective companies, by rotation, a list of patrol detachments, and appoint to every such detachment a proper officer or leader, which detachment shall severally consist of not less than three nor more than five men beside their leader, who shall perform the duties, of patrols, once in each week, for the term of two months, or until the next company muster, except at the last muster in each year; at which time it shall be the duty of the captain to appoint two patrol detachments, as also designate the
time each detachment shall serve; Provided, no one shall be compelled to serve out his regular routine of duty
Sec. 3. It shall be the duty of each patrol detachment, to visit all negro quarters, all places suspected of entertaining unlawful assemblies of slaves or other disorderly persons unlawfully assembled, and upon finding such disorderly person or persons, to take him, her, or them, if free, before the nearest justice of the peace of such county, or make report thereof to said justice, so that he, she, or they, may be dealt with according to law; and if any slave or slaves shall be found so assembled, or strolling without a pass, or some token from his or her owner or overseer, the said patrol may give any such slave any number of lashes not exceeding fifteen and if there be reason to suspect any such slave or slaves to be runaway from his or her owner, they shall take such slave or slaves before the nearest justice of the peace for such county, to be dealt with according to law, and be allowed and paid by the owner for all runaway slaves so taken up, the sum of ten dollars, and shall also be entitled to receive all other fines to which parties may be liable, which they may bring before any jurisdiction having cognizance thereof.
Sec. 4. The officer or leader of every patrol detachment shall give notice to every person thereto belonging, of the time and place of meeting to patrol, and every person who, after such notice, shall fail to attend or send a substitute in his place, or shall, after attendance, neglect a faithful performance of patrol duty, shall be returned by the patrol officer or leader to the captain in whose bounds he may reside and should the said defaulter so returned be subject to do militia duty, the defaulter shall be fined at the discretion of the court martial, in any sum not exceeding ten dollars, one half thereof shall, when recovered, accrue to the said officer or leader, and the other half thereof to the other persons who shall have performed patrol duty in the detachment wherein the default shall have occurred; but should the defaulter so returned to the captain not be subject to do militia duty, the captain shall forthwith return said defaulter to some justice of the peace for said country, who shall issue his warrant within ten days thereafter, requiring such defaulter to appear before him and in case that the said defaulter shall not appear before him, it shall then be the duty of the said justice on proof of service of the process, and on proof of service of the notice required by the preceding part of this section, of the time and place of meeting to patrol, to give judgement and issue execution against the said defaulter, for the sum of five dollars with costs, to be distributed as before named in this section. Provided, That if a sufficient excuse be given to the said justice or court
martial, If such excuse be given at the hearing, then the said justice, or court martial shall not give judgment; nevertheless the said defaulter shall pay costs.
Sec. 5. The officer or leader of every patrol detachment shall, for neglecting to give the notice herein before required, or neglecting to prosecute for the forfeiture, as herein before directed, or for neglecting any other duty required by this act, shall be returned to the captain, by any one of the detachment, wherein the default shall have occurred; and it shall be the duty of the captain, to report the said defaulter to the next court martial, who shall be fined in a sum not exceeding ten dollars, the said forfeiture when recovered, shall be divided between those persons who shall have performed patrol duty in the detachment wherein the default shall have occurred.
Sec. 6. If the regular muster of any military company shall not be held at the appointed time, it shall be the duty of the commanding officer of the company to appoint such detachment of patrol, as shall be the next in routine, and inform the officer or leader thereof, who shall forthwith act accordingly.
Sec. 7. It shall be the duty of the captains of companies to appoint the officers or leaders of patrols, from the most discreet persons within their bounds, which officer or leader shall be accountable for the orderly conduct of the detachment. Provided, That if he shall forthwith report any disorderly conduct, or disobedience of any patrol-man of his detachment, agreeable to the third section of this act, then such disorderly or disobedient patrol-man shall, exclusive of the forgoing fine, moreover, be liable to pay any damage or damages, which may happen to any individual, in consequence of his disorderly conduct, to be recovered before any tribunal having cognizance thereof.
Sec. 8. If any commanding officer, constable, patrolman, or other person, shall be sued, arrested, or impleaded, for any matter or thing, which he shall do or cause to be done, by virtue of, or in pursuance of this act, it shall and may be lawful for every such captain or other officer or person, to plead the general issue, and give this act and the special matter in evidence on the trial and if a verdict shall pass against the plaintiff or plaintiffs, or if they shall be non-suited, in his or their action or suit, then and in that case the court, where such action shall be pending shall tax and allow the defendant, his or their double costs in every such suit or action.
Sec. 9 And be it further enacted, That if any of the patrols as aforesaid, under this act, should receive, any information, of any person or persons harbouring any negro or negroes, or slaves belonging to any other person or persons whatsoever, shall immediately, on receiving any such in-
formation, summon together their patrols, and go immediately in search of said negroes, and if found, to take them forthwith to the nearest justice of the peace and if no owner comes and claims said slave or slaves, it shall be the duty of said justice to commit such slave or slaves to the common jail of the county.
Sec. 10. And be it further enacted, That if any person or persons being convicted of harbouring or concealing any negro or negroes belonging to any other person or persons whatsoever, or suffering the same to be (with his consent and knowledge) shall upon conviction of such offence, be fined in a sum not exceeding seven hundred dollars, and shall be imprisoned not less than one calendar month, nor exceeding six calendar months, and shall be liable in damages to the party injured, to be recovered by action on the case, before any tribunal having competent jurisdiction.
An act to regulate elections, establish certain precincts in the counties therein named, and for other purposes.
SECTION 1. Be it enacted by the Senate and House of Representative of the State of Alabama, in General Assembly convened, That hereafter the court house shall be the place of holding general elections, in each and every county throughout this State, for the purpose of electing Governor, Members of Congress, Members of the General Assembly, Sheriffs, and Clerks. The election at the court houses as aforesaid, shall be holden on the first Monday and day following in August, in each and every year.
Sec. 2. And be it further enacted, That the election holden at other places than the places of holding the general elections in each and every county, shall continue open to receive votes, the first day of the general elections only and on the second day of said election, it shall be the duty of the managers, on the close of every election, to count out the tickets. Each manager shall take a memorandum of the number of votes, each candidate may obtain and forward to the managers at the court house, by the returning officer, a certified statement of the polls of such election; and the managers aforesaid shall return all the tick-
ets so counted, into the election books, together with the clerk's list of voters, seal and safely keep it, twenty days; And in case of contested elections, one of said managers shall forward the box, containing the tickets, to the principal managers at the court house. Provided, That in all new counties, formed at this session of the General Assembly, the votes taken in conformity to this act, shall be returned to the places of holding the general elections in the counties, from which such new counties may have been formed.
Sec. 3. And be it enacted, That the elections, aforesaid shall be conducted by the sheriff and managers appointed in the same manner as heretofore by law directed. And if the sheriff shall fail to make a return of the election to the seat of government, in manner and form, as by the constitution directed, within the three first days of the session of the General Assembly next immediately succeeding such election, he shall forfeit and pay the sum of one thousand dollars to be recovered by suit, prosecuted by the attorney general, and when recovered, paid into the public treasury, for the use of the State.
Sec. 4. And be it enacted, That in addition to the duties heretofore required to be performed by the said managers of the elections, they shall also be, and hereby are, required to number the vote to ballot of each and every voter, with the same number, that such voter stands marked or enrolled on the lists of the clerks to said elections; the votes from every place of holding said elections, after having been counted, shall be filed separately, for the space of twenty days; at the end of which time, the said votes shall be destroyed by the managers of the several elections, unless notice shall be given to said managers, that some part or parts of the election, will be contested, then, and in that case it shall be the duty of the said managers, to seal, in one box or packet, the said separate files, and forward the same to the Secretary of State, on or before the first day of the next succeeding session of the General Assembly, to be used in evidence by those, whose duty it shall be to decide contested elections.
Sec. 5. And be it enacted, That the managers of the several elections, in addition to the oath heretofore prescribed by law, shall also swear, that "they will not themselves, "or knowingly suffer any other person to compare the number of said ballots, with the number of the votes enrolled "by the clerks as aforesaid, but faithfully to discharge the "requisitions of this act, strictly and impartially."
Sec. 6. And be it enacted, That there shall be, and hereby established, three separate election precincts in the county of Wilcox: one at Canton, one at Prairie Bluff, and one at the dwelling house of Captain William Blacks. In the county of Monroe, in addition to those heretofore existing,
there shall be an election precinct at Nicholson's store, on Pigeon Creek. In the county of Perry, there shall be three election precincts at the dwelling house of Joseph Brittains, one at the house of William Walters, and one at the house of Captain M'Clusky. In the county of Cahawba, there shall be two election precincts one at the Falls of Cahawba, there shall be one at the dwelling house of Noah B. Cokers. In the county of Jefferson, there shall be three election precincts; one at the store of Wiggin & McWhorter, one at the store of King & Brown, and one at Greer's old store house, near Turkey Creek. In the county of St. Clair, there shall be three election precincts, one at the dwelling house of Mr. Joel Chandler, one at the house of William Gutery, and one at the house of Peter Ragsdale. In the county of Autauga, there shall be two election precincts, one at the house of Mr. Izard, on the new road leading from Flat Creek to Mulberry Creek, and one at the house of Joseph Lewis.
Sec.7. And be it enacted, That in the county of Autauga, there may be levied by the county court, a tax not exceeding one half the State tax, for the purpose of building a Court House, Jail, and Pillory, for the said county.
Sec. 8. And be it enacted, That separate elections shall be opened and held, agreeable to law in and for the county of Marion, at the house of- M'Phaddin, in Wilson's settlement; at the house of Archibald Alexander, in Winn's settlement; at some suitable house in the town of Columbus and at the house of Henry Grier, near the Buttawhatche river in said county.
Sec. 9. And be it further enacted, That hereafter the temporary seat of Justice for the county aforesaid, shall be at the house of Henry Grier aforesaid, and the Justices of the inferior court for said county, are hereby authorized to levy, and cause to be collected, a county tax, sufficient for the erection of a plain log court house, and temporary jail and are hereby appointed commissioners to let, and super intend the same under the usual principles.
Sec. 10. Be it enacted. That there shall be two election precincts established in Lauderdale county, one at the house of William S. Barton, and one at the house of Thomas Barnet- And in the county of Washington, one at St. Stephens; one at Carrolton, and one at the present residence of Daniel Fore. And in the county of Montgomery, there shall be three election precincts, one at the house of James Sparks on Big Swamp creek; one at Pruet's Store, on Tallapoosa river, and one at Evansville. In the county of Baldwin, there shall be two election precincts one at the Store of Joseph Mims, and one at the house of Lewis Sewall. In Franklin county, one election precinct at the Big
Spring. In the county of Blount, there shall be three additional election precincts; one at Captain Roberts' Muster ground in Brister's Cove, one at the Muster ground of Captain M' Daniels: and one at Capt. M'Pherson's Muster ground on Mulberry fork : In the county of Lawrence, two : one at Courtland, and one at Moulton: In the county of Shelby, two: one at the house of Jesse Walton, and one at the house of David Neal; In the county of Madison, six; one at Brazelton's in the Big Cove; one at Triana; one at Major John Griffin's; one at the place formerly occupied by Major Coteral; one at Hillsborough, and one at Capt. Leonard's; In the county of Mobile one, at the Alabama Hotel, in the town of Blakely; In the county of Tuskaloosa, four, one at M'Cown's Bluff; one at Jesse Bramlett's: one at Thomas Gove's, and one at Jacob Gillaspie's: In the county of Cotaco, six: one at Levi Taylor's, one at Joseph Smith's horse-mill: one at Daniel Turner's; one at Davis Williams's; one at Archelaus Craft's and one at M' Daniel's Ferry. In addition to the places, already appointed for holding elections, in the county of Jackson, there shall be one at Noah Ward's old place on Paint Rock.
Sec. 11. And be it further enacted, That the county court of the county of St. Clair, are hereby authorized to levy a tax not exceeding one half the State tax, for the purpose of erecting a temporary jail in said county; and the said court are hereby authorized, to contract for the building of the same.
Sec. 12. Be it further enacted, That there shall be, besides the court house of Limestone county, three additional places of holding elections in that county: one at Mooresville; one at Strange's mill north of Elk river, and one at Kiser's shop.
Sec. 13. Be it further enacted, That the same number of days shall be allowed, for keeping the polls open to receive votes at the Alabama Hotel in the town of Blakely, as is allowed, at the place of holding the general election for the county of Mobile. And it shall be lawful, for the returning officers of the several precincts within the county of Mobile to make the returns to the court house, or place of holding the general election, of the state of the polls, certified by the managers, as early as practicable, within three days after the close of the election at the said precincts.
Sec. 14. Be it further enacted, That for the year 1820, it shall be lawful for the returning officers of the several precincts within the counties of Conecuh, Butler, Henry, Monroe, Wilcox, Dallas, Perry, Marengo, Greene, Jefferson, and Blount, to make their returns, to the respective court houses (or places of holding the general elections,) the
statement of the polls, certified by the managers, as early as practicable, within three days after the close of the election at the said precincts.