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that policy. In South Carolina there was a strong party which believed that since the United States Constitution gave Congress no power to tax citizens in order to protect certain industries, therefore any State had a right to declare such laws null and void, and to release its people from the duty of obeying them. This was called the doctrine of

nullification.

Mr. Gayle was particularly outspoken in his opposition to this view of the matter; and the people of Alabama also opposed it. They elected him over his two competitors. At the election for representatives in Congress held earlier in the year Mr. Clay and Mr. Lewis were both successful, and Samuel W. Mardis was chosen to be the third representative.

Only one new county was created in this period. By act of January 20, 1830, the county of Lowndes was formed out of parts of Dallas, Montgomery, and Butler. It was named for William Lowndes, a South Carolina statesman of great promise, who had died some years before.

QUESTIONS.

What is said of Governor Gabriel Moore? What was Alabama's population in 1830, and what is said of its distribution? Of the proportion of whites to blacks? Mention the leading counties. What two colleges were founded in 1830, and where? Trace the history of the university up to the time of its opening. What is said of education in this period? What was the first amendment to the Constitution, and why made? How? What national question was interesting the people? What is said of the Alabama senators and representatives in Congress? Who succeeded Governor Gabriel Moore? What is said of the first railroad? What was the result of the elections in 1831? What county was created in this period, and for whom named ?

CHAPTER XX.

ADMINISTRATION OF GOVERNOR GAYLE.

GOVERNOR JOHN GAYLE.

GOVERNOR GAYLE was reelected without opposition in 1833, and thus was in office four years. His administration was an important one, as it covered the period of the first trouble between the State and the Federal government. He was born in South Carolina in 1792, and was graduated at South Carolina College in 1813. Shortly afterwards he came to Mississippi Territory and settled at Claiborne, in Monroe County, where he practised law. He sat in the Legislative Council of Alabama Territory and served as solicitor in his district. While a representative in the legislature of 1822-23 he was chosen by the Assembly to be a justice of the Supreme Court. In 1828 he resigned from the bench. He then moved to Greene County, and was again sent to the legislature. He was chosen speaker of the house in 1829. He was a man of tall and graceful person, of abilities quite above the average, and of a nature so sympathetic that his administration was specially marked by a free use of the pardoning power.

In his inaugural address the new governor condemned the South Carolina doctrine of nullification. Alabama, as well as South Carolina, was opposed to the tariff, and the feeling

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of the people against it was frequently expressed at public meetings; but as to nullification the legislature agreed with the governor. By a vote of forty-six to sixteen it declared that nullification was dangerous in practice, and that it tended to anarchy, civil discord, and finally to the breaking up of the Union. In one of his messages the governor urged the people to plant themselves on this glorious Union, for on its preservation depended their liberties. It is all the more notable, therefore, that the governor and the legislature were soon in an attitude of antagonism to the authorities at Washington.

In one sense the Creeks were the cause of the trouble, as they had been the cause of other troubles. But the greediness of land-grabbers, eager to seize the lands still occupied by the red men, was denounced by no one more severely than by Governor Gayle. Perhaps the least creditable chapter in the history of the whole country is the record of the white man's overreaching treatment of his red brother. What happened in Alabama was no worse than what happened elsewhere; indeed, the moderation of the State government and of leading men had been unusual. But Governor Gayle wrote to the chiefs and head men of the Creeks that the State could not guard them against the tricks of dishonest men to obtain their lands. There were many whites in the Indian country before the final treaty was made; and after that they poured in by thousands.

The final treaty with the Creeks was arranged at Cusseta, but was signed at Washington, March 24, 1832, by Lewis Cass, secretary of war, for the United States, and by Opothleyoholo and six other chiefs for the Creeks.

By this treaty the Creeks gave up all their lands east of the Mississippi in return for new lands in the west and a considerable sum of money. It was agreed, however, that any of the Indians who chose might remain as citizens, that the whites should be kept out of the ceded lands until a

survey was made, and that even those whites already in the Indian country should be removed as soon as their crops were gathered. It was the attempt of the President of the United States to enforce these provisions that led to trouble with the State government.

The rush of whites into the ceded land began immediately, and on December 18, 1832, the legislature divided it out into the counties of Coosa, Benton (now Calhoun), Talladega, Tallapoosa, Russell, Randolph, Chambers, Macon, and Barbour, extending over them the laws of the State. United States troops were placed under the orders of the deputy marshal for southern Alabama, and in August, 1833, while the soldiers were trying to carry out the terms of the treaty, a white settler named Hardeman Owens was killed. Excitement spread through the new counties, and in some degree throughout the State; and Governor Gayle had a heated correspondence with Lewis Cass, the secretary of war. He also issued a quieting proclamation to the people of the new counties.

In his letters to the secretary of war the governor contended that, as there was no longer an Indian claim to the lands, they were now part of Alabama and subject to its laws. He also said that the movement of the troops to expel the settlers would destroy the new counties, break up the courts, and make it impossible to enforce the laws. The grand jury indicted for murder the soldiers concerned in the killing of Owens, and a warrant was issued for their arrest, but the United States officer at Fort Mitchell, where the soldiers were stationed, would not give them up. The whole affair was reported by the governor to the legislature in November, and the legislature approved his course. The attention of the country was drawn to the controversy, and the situation was quite serious.

The Alabama senators and representatives in Congress set to work to bring about a compromise. They told President Jackson that great distress would follow any attempt of

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the soldiers to drive out the settlers, and assured him that Governor Gayle had no desire to follow in the footsteps of the South Carolinians. A written address was also presented to the secretary of war, and at last the President sent Francis Scott Key (the author of "The Star-spangled Banner”) to see Governor Gayle and come to an agreement with him.

Secretary Cass admitted the right of the civil authorities to investigate the killing of Owens. Mr. Key informed the governor that the reservations allotted to the Indians would be laid off very shortly and that settlers who did not disturb these would be left alone. Governor Gayle accepted this arrangement, and sent a message to the legislature announcing that "the supremacy of the civil over the military authorities" had been maintained.

Thus the affair ended in a compromise; but a serious mischief had been done. Up to this time the people of Alabama, although discontent about the tariff, had been for the most part earnest in their loyalty to the Union, and their respect for the government at Washington had been profound. But now they began to feel that they might have interests opposed to the powers as well as the policies of the Federal government. Nevertheless, they were still loyal to President Jackson. While the dispute about the Indian lands was going on, Senator Gabriel Moore, who was not a Jackson man, voted in the Senate against the confirmation of one of the President's appointments. For this the legislature of Alabama demanded his resignation, thus proving their good feeling towards the President. Senator Moore, however, would not resign, and he had some supporters in the State.

The new counties attracted immigration, and some of them soon took rank with the older counties in population. Coosa, Talladega, and Tallapoosa took their names from Indian sources. Benton was named for Senator Thomas H. Benton, of Missouri, who had served in the War of 1812-14 on Alabama soil. Russell was named for Colonel Gilbert C. Russell,