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Executive Department of Alabama 
Montgomery March 1st 1866

Major General Wager Swayne
Assistant Commissioner R.F. &c.

General 
At the Special term, 1865. of the Circuit Court for Tuscaloosa County. Alzy, a freedman, was sentenced to be hung for horse stealing. He was to be executed in January last, but the Governor respited the sentence until the 19th March. In the meanwhile the case was brought before the Supreme Court, in a writ of error. That tribunal has given its decision, reversed the decision of the Circuit Court, and remanded the case for a new trial.
The Governor's recent Proclamation pardons all offense committed prior to July 20th 1865, rape and murder excepted, The pardon is where an indictment has been found, and where there is liability to indictment, and where "conviction" has not been had. The official opinion of the Attorney General of the State as to the legal effort of cases such as that of Alzy, has been obtained. That officer decides that as the case has come before the Supreme Court and been reversed, and a new trial ordered by the Court below, he is not in legal contemplation convicted. The Governor has directed me to inform all parties interested he accepts