Civil War and Reconstruction in AlabamaFleming, Walter L. (Walter Lynwood)
History
Civil War and Reconstruction in Alabama
Fleming, Walter L. (Walter Lynwood)
Alabama -- History -- Civil War, 1861-1865; Reconstruction (U.S. history, 1865-1877) -- Alabama
After the Confederacy was formed, the convention ordered that the
custom-houses, marine hospital, lighthouses, buoys, and the revenue
cutter, _Lewis Cass_, be turned over to the Confederate authorities; and
the collector was directed to transfer all money collected by him to the
Confederate authorities, who were to account for all moneys and settle
with the United States authorities. The collector was then released from
his bond to the state.
Postal contracts and regulations in force prior to January 11, 1861, were
permitted to remain for the present. The general assembly was empowered
to make postal arrangements until the Confederate government should be
established. Meanwhile, the old arrangements with the United States were
unchanged.[58] Other ordinances adopted the laws of the United States
relating to the value of foreign coins, and directed the division of the
state into nine congressional districts.
The judicial powers were resumed by the state and were henceforth to be
exercised by the state courts. The circuit and chancery courts and the
city court of Mobile were given original jurisdiction in cases formerly
arising within the jurisdiction of the Federal courts. Jurisdiction over
admiralty cases was vested in the circuit courts and the city court of
Mobile. The chancery courts had jurisdiction in all cases of equity. The
state supreme court was given original and exclusive jurisdiction over
cases concerning ambassadors and public ministers. All admiralty cases,
except where the United States was plaintiff, pending in the Federal
courts in Alabama were transferred with all records to the state circuit
courts; cases in equity in like manner to the state chancery courts; the
United States laws relating to admiralty and maritime cases, and to the
postal service were adopted temporarily; the forms of proceedings in state
courts were to be the same as in former Federal courts; the clerks of the
circuit courts were given the custody of all records transferred from
Federal courts and were empowered to issue process running into any part
of the state and to be executed by any sheriff; United States marshals in
whose hands processes were running were ordered to execute them and to
make returns to the state courts under penalty of being prosecuted as if
defaulting sheriffs; the right was asserted to prosecute marshals who were
guilty of misconduct before secession. The United States laws of May 26,
1796, and March 27, 1804, prescribing the method of authentication of
public acts, records, or judicial proceedings for use in other courts,
were adopted for Alabama. In cases appealed to the United States Supreme
Court from the Alabama supreme court, the latter was to act as if no
appeal had been taken and execute judgment; cases appealed from inferior
Federal courts to the United States Supreme Court, were to be considered
as appealed to the state supreme court which was to proceed as if the
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