Being unobjectionable as to "loyalty," all of these non-citizens were
permitted to take their seats; and for the first time since 1861 Alabama
was represented (?) in the federal Congress, notwithstanding the fact that
during a part of that period the people were taxed by the government which
denied them representation--taxed unconstitutionally (in the case of
cotton), as the Supreme Court subsequently decided.
William H. Smith, of Randolph county, displaced Governor Patton. His
character will be revealed as these pages multiply.
The state supreme court justices were evicted, and S. W. Peck, Thomas M.
Peters and B. F. Saffold substituted for them. There is little to be said
of them by a layman, except that the first named favored suspension of the
writ of habeas corpus, during the Ku Klux era, and the last named declared
unconstitutional the law under which a justice of the peace was convicted
of solemnizing the rites of matrimony between a white man and a negro, and
reversed the judgment of the lower court.
President Lincoln in 1863 appointed Richard Busteed United States district
judge, and in 1865 the appointee came to the state and assumed the bench.
Whatever else may be said of him, he was bold in expression of opinion,
judicial and personal; and during the carpetbag regime he testified that
"the general character of Alabama office-holders for intelligence and
honesty was not good." In 1870 Francis S. Lyon, of Demopolis, testified
that a bill was filed in Judge Busteed's court to foreclose two mortgages
on the Alabama Central Railroad (Selma to Meridian), and the cost of that
suit, paid by New York creditors of the road, amounted to $122,000. The
institution presided over by Judge Busteed was costly to litigants, to say
the least.
A. J. Applegate became lieutenant-governor. Mr. William M. Lowe, of
Huntsville, testifying before the congressional commission in 1870, said
of him:
Public-domain text, read in full here on John Shaqi.
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