USA > Alabama > Madison County > Huntsville > Early history of Huntsville, Alabama 1804 to 1870 > Part 4
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11
These years were verily the brightest and most prosperous, and held more promise, than any yet enjoyed by Huntsville and its inhabitants. This brilliant and all alluring kaleidoscopic view of the future of the town was not without its warrant. The United States was at peace with the world, the surround- ing wilderness had been wrested from the Indians, cotton was selling in an eager market at 20c to 25c per pound. Here more pounds per acre could be produced than most anywhere. The first and only bank, for a time in the State, being located here, and the Government Land Office, tended to make it the axis around which revolved all things commercial and political pertaining to the Territory. Land values had reached their zenith. Railroads being then unknown, perforce, navigation was regarded as the only possible medium of transportation. A feverish enthusiasm was manifested on all sides in the lock and dam project of the Indian Creek Navigation Company, to render the Big Spring branch and Indian creek the artery of commerce to the Tennessee river, and thence to the outside world. The town was crowded with people ; hotels were taxed to their utmost limit to lodge the throngs of transients; the bank itself was inadequate to the times, and could not care for the commercial interests of the community. So general was the recognition of the merited yet over weaning mastery and domination by Huntsville of the commercial and political life of the whole State, that, in spite of its geographic location, the economic necessity and advantage of making Huntsville the capital of the State was boldly contended for by her prominent men, and freely admitted by other leaders of thought from all parts of the State.
35
Early History of Huntsville, Ala.
TERRITORIAL CONSTITUTIONAL CONVENTION
During these years the population of the entire territory had grown apace, and in 1819 there were within the limits of the Alabama Territory sufficient numbers to warrant the ad- mission of Alabama into the Union. Accordingly the formali- ties attending the genesis of a new State being attended to, Congress, on March 2, 1819, passed an act authorizing the people of the Alabama Territory to hold a convention at Huntsville for the purpose of drafting a State .Constitution.8 Pursuant to this act, an election was held throughout the Ter- ritory of Alabama, on the first Monday and Tuesday in May of that year, for the purpose of choosing delegates to this Con- vention, to be held on the first Monday in July following. Rep- resentation in this assembly was apportioned by the act, accord- ing to population-Madison having eight delegates, twice as many as the next highest county, Monroe, which had four ; there were forty-four in all from the twenty-two counties then forming the State. 11444.90
Agreeable to what had been done, the Convention assembled at Huntsville on the first Monday in July, with John W. Walker, of Madison, presiding. Madison's other delegates were Clement Comer Clay, J. L. Townes, Henry Chambers, Lemuel Mead, Henry Minor, Gabriel Moore, and J. M. Taylor. Judging from the record of success, in public life, achieved by Madison's representatives in this historic assembly, she must have occupied an enviable and exalted position of leadership in the councils of that body. Upon the floor of that house she was undeniably the peer of all comers, with such men as Cham- bers and Clay accredited to her.
The meetings were held in an assembly hall, now long since removed, which occupied the northwest corner at the intersec- tion of Franklin and Gates streets; the spot being now marked by a handsome bronze tablet erected by the Daughters of the American Revolution. Later, after its admission to the Union, the first session of the Legislature of the State of Alabama was held in that same building.
The business of the Convention having been transacted in due course, Alabama was admitted into the sisterhood of states. On the second day of August, 1819, a proclamation, accepting on behalf of the people of Alabama, the obligation of statehood, was promulgated by J. W. Walker, as president of the Convention.
8 Toulmin's Digest of Alabama Laws, page 910. Edition 1823.
36
Early History of Huntsville, Ala.
Alabama being now a State, public attention turned to the selection of officers to administer the three separate branches of government. This was becomingly done with all due haste.
The executive office was first occupied by William Bibb, who had defeated Marmaduke Williams, by one thousand majority. The total vote polled for both candidates for governor being fifteen thousand. Governor Bibb was inaugurated at Hunts- ville, on November 9th, 1819. Huntsville was then the tem- porary capital of the State. Later, the seat of government was removed to Cahaba, on account of its more central geographic position. Madison county was represented in the first State Legislature by Sam Walker, Gabriel Moore, E. Moody, James G. Birney, G. Lampkin, Sam Chapman, J. L. Townes, F. Weeden, and I. Wilborn. Under the first State Constitution, cities and towns were entitled to separate repre- sentation in the general assembly.
While the Legislature was in session at Huntsville, a bill was passed, incorporating Triana, on the 13th day of Novem- ber, 1819.9 Later, on December 20th of that year, this act was amended10 by providing for the election of a president of the board of trustees, the governing body consisting of five mem- bers. Shortly after the incorporation of Triana, the trustees proceeded to lay off the town into streets, blocks, and lots. At this time, the plan to render the Tennessee river navigable for large steamers was considered by Huntsvillians to be an as- sured success; thus making possible the realization of their most cherished dream, that, Triana should become the largest shipping point and cotton center in the entire State. This con- fidence in the future of Triana, as a commercial center was likewise shared by many investors of wealth and influence from all parts of the State. The profits accruing to the cor- poration from the sale of town lots, most of which were pur- chased by inhabitants of Huntsville and environs, aggregated $90,000.00. With speed, commensurate with the magnitude of the task, the trustees set about making ready for the reign of prosperity of Triana was certain to enjoy in the immediate future, as they believed. Public buildings were erected, and large sums were expended in other municipal improvements. But, alas for Triana. The march of progress had no consid- eration for, and gave no heed to the plans and aspirations of her people. With the coming of railroads, a new factor in the
9 Toulmin's Digest of Alabaam Laws, page 810. Edition 1823. 10 Ib., page 811.
37
Early History of Huntsville, Ala.
world of commercial activities arose, revolutionizing the age- old methods of transportation. Triana was subjected to the inexorable fate of ultimate extinction.
With the designation of Huntsville, by Congress, as a meet- ing place for the Constitutional Convention, came recognition of its leadership in all matters pertaining to the commercial, gov- ernmental and political life of the Alabama Territory. Tribute to this supremacy was paid by no less a personage than the nation's chief executive, President Monroe, who visited the town in company with two cabinet officers on Tuesday, June 1st, 1819.11 Flurry and excitement greeted the presidential party as it rode into the town on horseback, unannounced. Later, Clement Comer Clay at the head of a delegation of dis- tinguished citizens called upon the president at his inn, and extended formal welcome to the town. The next day, Col. Tobey Jones entertained the presidential party with an elab- orate banquet, at which were present one hundred of Hunts- ville's most prominent citizens. This memorable dinner was served in the assembly hall of the old frame building which stood till about twelve years ago, upon the southwest corner at the intersection of Franklin and Gates streets. It was in this same building that William Bibb was inaugurated as first governor of the State of Alabama, on November 9, 1819.
So great were the commercial activities of the community during this period, that money became very scarce, and promis- sory notes secured by droves of slaves, were to a great extent substituted therefor as a medium of exchange. This situation seems to have been acute and so fundamental, that "quo war- ranto" proceedings were instituted against the Planters' and Merchants' Bank, at Huntsville. Later, the directors of the bank, having given pledges by bond for the ultimate security of its business, the Legislature, by act of December 24th, 1822, suspended the quo warranto proceedings pending the resump- tion of specie payment by the bank not later than the 10th day of November, 1823. It was further provided that the charter of the bank should become void, if all payments were not made in specie on and after January 21st, 1824.12
The author after a diligent search of the records of those times, has been unable to find mention of the dissolution of the bank, as contemplated by that act of the Legislature. Hence
11 (Huntsville) Alabama Republican, June 5th, 1819.
12 Toulmin's Digest of Alabama Laws, page 63. Edition 1823.
38
Early History of Huntsville, Ala.
the inference is indulged that the pressure of the times was relieved, and that this condition of the bank's affairs was adjusted in due course.
Madison county now had within its confines three incor- porated towns. In addition to Huntsville and Triana, Hazel Green had been granted a charter by the Legislature on the 15th day of June, 1821, providing a government by a board of trus- tees. The first election of trustees was held on the first Satur- day in August of that same year, at which all white male citi- zens over the age of twenty-one years residing within the limits of the town were permitted to vote. The town limits were as follows: "Beginning at a marked line on the Meridian road, near Robert Irwin's store and running north one-half mile so as to include all the space contained in one-fourth of a mile east and west of said road."b
The growth and development of Huntsville was unmistak- ably well rounded and proportioned. Every phase of municipal life had received its due consideration. Proper provision was made to stabilize and render permanent all those institutions contributing to the safety and well being of the inhabitants. It would appear, however, that in doing so the Legislature was called upon to work over time.
By act of December 10, 1822, Preston Yeatman and forty- eight others, members of the "Huntsville Fire Engine Com- pany," were chartered as a body corporate, with the manage- ment of its affairs in a board of nine directors.c
EDUCATIONAL
Though much of the attention of her people was devoted to their own commercial and professional pursuits, and her mate- rial development, Huntsville's educational interests were not neglected. During these years numerous excellent private schools had been established in all parts of the county.
The first institution of learning established in the county, to receive aid from the State, was "Green Academy." To it a charter was granted by act of the Mississippi Territorial Leg- islature, on November 25, 1812, with William Edmonson, John Braham, William Lesley, James McCarty, Peter Perkins, Charles Buris, William Derrick, James Neeley, John Grayson, Henry Cox, Bennett Woods, Samuel Allen, Andrew K. Davis,
b Toulmin's Digest of Alabama Laws, page 836. Edition 1823.
c Toulmin's Digest of Alabama Laws, page 847. Edition 1823.
39
Early History of Huntsville, Ala.
William Evans, and Nathan Powers, as trustees.13 Green Academy was the first institution of its character established in the Territory. Agreeable to the act chartering Green Acad- emy, the trustees held their first meeting at the court house of the county on "the Saturday preceding the third Monday in April," following, and proceeded "by lottery" for the benefit of said academy, to raise a sum not exceeding four thousand dollars.ยช Additional trustees for the academy were appointed by an act of January 22, 1814.
These additional trustees were, as named in the bill, David Thompson, John Moore, Francis E. Harris, James Manning, and Robert Thompson.14
On December 13, 1816, the Legislature appropriated for the academy the sum of $500 from the funds in the Territorial Treasury.15 This, and the other moneys raised by lottery for the construction of academy buildings, remained unemployed for some time; the business of housing the institution not being completed till 1819, presumably from a lack of adequate funds.
The aid necessary for the erection of buildings was provided by the Territorial Legislature, by act of November 21, 1818,16 whereby the Planters' & Merchants' Bank at Huntsville was authorized to increase its capital stock, and sell at public auction shares of the same, ninety per cent of the profits or excess arising from such sales to enure to the benefit of the Academy. By the same act, Lemuel Mead, Henry Chambers, Henry Minor, John M. Taylor, Clement C. Clay, and John William Walker, were designated as additional trustees.
The profits accruing to the academy from the sale of said bank stock were $2,000.00. This, together with the other moneys on hand, was employed-after a brief time-in the construction of academy buildings, on the lot now occupied by the city school of Huntsville, on the northeast corner, at the intersection of East Clinton and Calhoun streets.17
Though without buildings of its own during these years, Green Academy had been doing good work in the field of edu-
13 Statutes of Mississippi Territory, page 56. Edition 1816.
d This method of raising moneys for public purposes had almost universal application, and was frequently resorted to and authorized by the Legislature.
14 Statutes of Mississippi Territory, page 57. Edition 1816.
15 Ib. Page 453.
16 Toulmin's Digest of Alabama Laws, pages 45 and 46. Edition 1823.
17 (Huntsville) Alabama Republican, November 10, 1820.
40
Early History of Huntsville, Ala.
cation. For a long number of years it was the only institution affording advanced education, in the northern part of the State. Here most of the prominent men in this part of the country were trained. It was virtually without competition and had no peer in its field of service till the State University was established and was well under way.
Nor was the thought and effort of the people in matters edu- cational, confined, alone to the tutelage of their youth. Re- ligious organizations-of which, more later-and fraternal and social societies were yielded their moiety of consideration also. And it is not inappropriate to record here that the Huntsville Masonic Lodge was the first chartered in the State ; having operated continuously under a dispensation from the Grand Lodge of Kentucky, granted it in 1811. A legend of the times proclaims that General Andrew Jackson, while on his frequent visits to Huntsville, often attended the meetings of the lodge, held in its present temple, situated on Lincoln street at the corner of Williams street.
Though probably not germane to the subject of education in its strictest sense, it is interesting to note the growth of senti- ment in opposition to the custom of dueling. As early as February 10h, 1807, we find the Legislature of the Mississippi Territory memoralizing upon the subject, thus: "Whereas, from a false sense of honor, the inhuman, injurious and de- testible practice of dueling, has been too often and unhappily resorted to, as a mode of adjusting or settling differences of small magnitude, between individuals; and whereas, this bar- barous and savage conduct has of late attained a great degree of prevalence, to the destruction of the lives of some valuable members of society, and involving the feelings of others, who from principle and respect for the laws of their country, will not engage in this pernicious practice. Be it further enacted, etc.,"18 therein proceeding to make it an offense against the laws of the Territory, and further requiring judges to charge the grand juries specially in respect thereto. That the business of dueling was done "decently and in order," when conducted according to the mandates of "The American Code of Honor," which, among gentlemen of the South, was as inflexible as the laws of the Medes and the Persians, can be little doubted. And the author, at the risk of wearying his readers, takes the liberty of here setting out this code in full ; for, perchance, it may aid
18 Statutes of Mississippi Territory, page 219. Edition 1816.
41
Early History of Huntsville, Ala.
the future student of history, and be of interest to some who scan these pages.
"THE AMERICAN CODE OF HONOR" By John Lyde Wilson.
The Person Insulted, Before Challenge Sent :
Par. (1). Whenever you believe you are insulted, if the in- sult be in public, and by words or behavior, never resent it there, if you have self-command enough to avoid noticing it. If resented there you offer an indignity to the company, which you should not.
Par. (2). If the insult be by blows, or any personal indignity, it may be resented at the moment, for the insult to the company did not originate with you. But although resented at the moment, yet, you are bound still to have satisfaction, and must therefore, make the demand.
Par. (3). When you believe yourself aggrieved, be silent on the subject, speak to no one about the matter, and see your friend, who is to act for you, as soon as possible.
Par. (4). Never send a challenge in the first instance, for that precludes all negotiations. Let your note be in the lan- guage of a gentleman, and let the subject matter of the com- plaint be true and fairly set forth, cautiously avoiding attrib- uting to the adverse party any improper motives.
Par. (5). When your second is in full possession of the facts, leave the whole matter to his judgment, and avoid any consultation with him, unless he seeks it. He has the custody of your honor, and by obeying him you cannot be compro- mised.
Par. (6). Let the time of demand upon your adversary, after the insult, be as short as possible; for he has the right to double that time in replying to you, unless you give some good reason for your delay. Each party is entitled to reason- able time to make the necessary domestic arrangements, by will or otherwise, before fighting.
Par. (7). To a written communication you are entitled to a written reply, and it is the business of your friend to require it.
Second's Duty Before Challenge Sent :
Par. (1). Whenever you are applied to by a friend to act as his second, before you agree to do so, state distinctly to
42
Early History of Huntsville, Ala.
your principal that you will be governed only by your own judgment, that he will not be consulted after you are in full possession of the facts, unless it becomes necessary to make or exact the amend honorable, or send a challenge. You are supposed to be cool and collected and your friend's feelings are more or less irritated.
Par. (2). Use every effort to soothe and tranquilize your principal; do not see things in the same aggravated light in which he views them; extenuate the conduct of his adversary whenever you see clearly an opportunity to do so, without doing violence to your friend's irritated mind. Endeavor to persuade him that there must have been some misunderstand- ing in the matter. Check him if he uses opprobrious epithets toward his adversary and never permit improper or insulting words in the note you carry.
Par. (3). To the note you carry in writing to the party complained of you are entitled to a written answer, which will be directed to your principal, and will be delivered to you by his adversary's friend, if this note be not writen in the style of a gentleman, refuse to receive it and assign your reasons for such refusal. If there be a question made as to the char- acter of the note, require the second presenting it to you, who considers it respectful, to endorse upon it these words: "I consider the note of my friend respectful, and would not have been the bearer of it if I believed otherwise."
Par. (4). If the party called on refuse to receive the note you bear, you are entitled to demand a reason for such refusal. If he refuse to give you any reason, and persists in such refusal, he treats not only your friend but yourself with indig- nity, and you must then make yourself the actor by sending a respectful note, requiring a proper explanation of a course he has pursued toward you and your friend, and if he still ad- heres to his determination you are to challenge or post him.
Par. (5). If the person to whom you deliver the note of your friend declines meeting him on the grounds of inequality, you are bound to tender yourself in his stead, by a note directed to him from yourself, and if he refuse to meet you, you are to post him.
Par. (6). In all cases of the substitution of the second for the principal, the second should interpose and adjust the mat- ter if the party substituting avers that he does not make the quarrel of his principal his own. The true reason for substitu- tion is, the supposed insult of imputing to you the like in-
43
Early History of Huntsville, Ala.
equality which is charged upon your friend, and when the contrary is declared, there should be no fight; for individuals may well differ in their estimates of an individual's character and standing in society. In the case of a substitution and a satisfactory agreement you are then to inform your friend of all the facts whose duty it should be to post in person.
Par. (7). If the party to whom you present a note employ a son, father or brother, as a second, you must decline acting with either, on the ground of consanguinity.
Par. (8). If a minor wishes you to take a note to an adult, decline doing so on the grounds of his minority. But if the adult complained of has made a companion of the minor in society, you may bear the note.
Par. (9). When an accommodation is tendered, never re- quire too much ; and if the party offering the amend honorable wishes to give a reason for his conduct in the matter, do not, unless offensive to your friend, refuse to receive it ; by so doing you heal the breach the more effectively.
Par. (10). If a stranger wish you to bear the note for him, be well satisfied, before you do so, that he is on an equality with you, and in presenting the note, state to the party the relationship you stand towards him, and what you know and believe about him; for strangers are entitled to redress for wrong as well as others, and the rules of honor and hospitality should protect them.
The Party Receiving the Note Before Challenge :
Par. (1). When a note is presented to you by an equal, receive it, read it, although you may suppose it to be from one you do not intend to meet, because its requisites may be of a character which may be readily complied with. But if the requirements of the note cannot be acceded to, return it through the medium of your friend, to the person who handed it to you, with your reason for returning it.
Par. (2). If the note received be in abusive terms, object to its reception, and return it for that reason, but if it be respectful return an answer of the same character, in which, respond and openly to all interrogatories fairly propounded, and hand it to your friend, whom, it is presumed you have consulted, and who has advised the answer, directed to the op- posite party, and let it be delivered to his friend.
Par. (3). You may refuse to receive a note from a minor, if you have not made an associate of him; one that has been
44
Early History of Huntsville, Ala.
posted ; one that has been publicly disgraced without resenting it ; one whose occupation is unlawful; a man in his dotage and a lunatic. There may be other causes, but the character of those enumerated will lead to a correct decision upon those omitted. If you receive a note from a stranger, you have a right to a reasonable time to ascertain his standing in society, unless he be fully vouched for by his friend.
Par. (4). If a party delays calling upon you for a week or more after the supposed insult, and assigns no cause for the delay, if you require it, you may double the time before your reply to him ; for the wrong cannot be considered aggravated if borne patiently for some days and the time may have been used in preparation and practice.
Second's Duty of the Party Receiving a Note Before Challenge Sent :
Par. (1). When consulted by your friend, who has received a note requiring an explanation, inform him distinctly that he must be governed wholly by you in the progress of the dispute. If he refuses, decline to act on that ground.
Par. (2). Use your utmost efforts to allay all excitement which your principal may labor under, search diligently into the origin of the misunderstanding; for gentlemen seldom insult each other, unless they labor under some misapprehen- sion or mistake; and when you discover the original ground of error, follow each movement to the time of sending the note, and harmony will be restored.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.