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Executive Department of Alabama
Montgomery, March 1 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 offences committed prior to July 20. 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 effect 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 reverse [[strikethrough]] [[?]] [[/strikethrough]] and a new trial ordered by the Court below, he is not, in legal contemplation, convicted. The Gov'r has directed me to inform all parties interested that he accepts this a correct interpretation of the proclamation.

If therefore, the offence for which Alzy was indicted was committed after the 20th July 1865