the Union, Birney used his influence to secure provisions in the
constitution favorable to gradual emancipation. As a member of
the first Legislature, in 1819, he was the author of a law
providing a fair trial by jury for slaves indicted for crimes
above petty larceny, and in 1826 he became a regular contributor
to the American Colonization Society, believing it to be an aid
to emancipation. The following year he was able to induce the
Legislature, although he was not then a member of it, to pass an
act forbidding the importation of slaves into Alabama either for
sale or for hire. This was regarded as a step preliminary to
emancipation.

The cause of education in Alabama had in Birney a trusted leader.
During the year 1830 he spent several months in the North
Atlantic States for the selection of a president and four
professors for the State University and three teachers for the
Huntsville Female Seminary. These were all employed upon his sole
recommendation. On his return he had an important interview with
Henry Clay, of whose political party he had for several years
been the acknowledged leader in Alabama. He urged Clay to place
himself at the head of the movement in Kentucky for gradual
emancipation. Upon Clay's refusal their political cooperation
terminated. Birney never again supported Clay for office and
regarded him as in a large measure responsible for the
pro-slavery reaction in Kentucky.

Birney, who had now become discouraged regarding the prospect of
emancipation, during the winter of 1831 and 1832 decided to
remove his family to Jacksonville, Illinois. He was deterred from
carrying out his plan, however, by his unexpected appointment as