The Penal Code of Alabama; Prepared by G W Stone and J W Shepherd..
- 1866
1866. Written in Part by the Future Chief Justice: The First Post-Civil War Code with an Anti-Miscegenation Law [Alabama]. Stone, Geo[rge] W. [1811-1894]. Shepherd, J[ohn] W[esley]. The Penal Code of Alabama; Prepared by Geo W. Stone and J.W. Shepherd, And Adopted by the General Assembly at the Session of 1865-6; Together with the Other Criminal Laws Now in Force. Published by Authority. Montgomery: Reid & Screws, State Printers, 1866. 238 pp. Octavo (8-1/4" x 5-1/2"; 21 x 14 cm). Later library cloth, red and black calf lettering pieces and paper shelf label to spine, endpapers added. Some soiling and light shelfwear, a few nicks to lettering pieces, corners and spine ends bumped. Moderate toning, light foxing to a few leaves, library marks and small tear with cellotape repair to title page. $750. * Only edition. The first phase of Reconstruction in Alabama took place in 1865-1866 under presidential supervision. It resulted in a government unacceptable to Congress due to its enfranchisement of prominent Confederates and overtly racist legislation. Congress refused to seat its senators and congressmen and, in 1867, placed Alabama under a military government. The 1866 Penal Code is notorious for being the first post-Civil War code to contain an anti-miscegenation law. Though this law was declared unconstitutional by the 1967 Supreme Court ruling in Loving v. Virginia, it was enforced until 1970 and remained on the books until November 2000. One of its compilers, George W. Stone, went on to serve as an associate justice and ultimately Chief Justice of the Alabama Supreme Court. Babbitt, Hand-List of Legislative Sessions and Session Laws 8.