History of Alabama and dictionary of Alabama biography, Volume II, Part 118

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 724

USA > Alabama > History of Alabama and dictionary of Alabama biography, Volume II > Part 118

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Mr. Crawford's term being about to expire, on January 20, 1824, he was reappointed Dis- trict Attorney. He resigned in 1825, and on November 1, of the same year, Henry Hitch- cock was commissioned as his successor.

In 1826 the State capitol was removed from Cahaba to Tuscaloosa, and May 22, an act of Congress was passed providing for clearing up the docket at the former place, and Mo- bile became the only place for holding courts in the Southern District. On May 5, 1830, a marshal for the Northern District was pro- vided, one marshal previously serving both districts. Various acts of Congress were passed from time to time arranging and altering the dates for the holdings of courts.

Judge Tait resigned in 1826. The Presi- dent appointed Senator Israel Pickens to the vacancy, and he was commissioned March 9, 1826, but declined to serve. William Craw- ford, who had resigned as District Attorney the previous year, was then named, and on May 22, 1826, he was commissioned. He continued in office until his death in 1849.

Although Tuscaloosa was made the State Capital in 1826, it was not until February 6, 1839, that provision was made by Congress for Federal Courts there. On this date there was a reorganization of the District courts, the Northern, Middle and Southern Districts being created, courts to he held respectively in Huntsville, Tuscaloosa and Mobile.

In 1846 the State Capital was removed to Montgomery from Tuscaloosa. Two years later, August 7, 1848, the former place was fixed by law as the place for holding courts in the Middle District.

To succeed Judge Crawford, on March 13, 1849, John Gayle was appointed. He served until his death ten years later. The next ap- pointee was William Giles Jones, temporarily

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commissioned September 29, 1859, and per- manently commissioned January 30, 1860.

The formation of the Confederate States, 1861, led to the resignation of Judge Jones, and to his reappointment as Confederate Dis- trict Judge by President Jefferson Davis. During the war courts were held by him in Huntsville, Montgomery and Mobile. In the last named place the old docket recites that the first term was held April 18, 1861. The date of the last entry of this court was April 6, 1865.

Acting as if there had been no secession, President Lincoln appointed George W. Lane of Madison County, District Judge, March 28, 1861. Mr. Lane was a lawyer, had long served on the State Circuit Court bench, and was a strong Unionist. He never performed any service under his Federal appointment. He died in 1863. President Lincoln, still dis- regarding the situation of the State, appoint- ed Richard Busteed to succeed Judge Lane, November 17, 1863, and on January 20, 1864, he received his permanent commission. Judge Busteed exercised none of the duties of the office until 1865, when, after the close of hostilities, he came to the State and assumed the position. It is said that he was regularly paid, however, from 1863. He was poorly equipped for the high office, and was guilty of many irregularities. In 1874 his impeach- ment was threatened, and he was removed shortly afterward.

February 27, 1875, John Bruce was com- missioned, and served until his death in 1901. To the vacancy thereby caused, Thomas Goodee Jones was appointed October 7, 1901; and on December 17, 1901, his appointment was confirmed by the Senate. At his death, Henry D. Clayton, member of Congress, was appointed by President Wilson, and was com- missioned May 2, 1914.

By act of Congress, August 2, 1886, the Southern District was given a separate judge, and Harry Toulmin was named as the first incumbent of the new place. He was com- missioned January 13, 1887, and took oath of office on the 31st of the same month. On the death of Judge Toulmin in 1917, Robert T. Irvin was appointed January 23, of that year, as his successor.

The Southern Division of the Northern District was created May 2, 1884, and pro- visions made for courts in Birmingham.

The Eastern Division of the Northern Dis- trict was established February 16, 1903, and Anniston was named as the place for holding court therein.

By act of Congress March 3, 1905, was created the Northern District, courts to be held at Selma, and the Western Division of the Northern District, courts to be held at Tuscaloosa.

Oscar R. Hundley received the first recess appointment for this District, and was again appointed May 30, 1908, but was neither time confirmed by the Senate. He performed the duties of the office, through the administra- tion of President Roosevelt. President Taft appointed William I. Grubb, who was com- missioned May 18, 1909, and is still in office.

The Judge of the Middle District has concur- rent jurisdiction in the Northern District.

In the re-arrangement made by the act of March 3, 1837, Alabama was placed in the Ninth Circuit, with terms of the Circuit Court to be held in Mobile and Huntsville. On Feb- ruary 22, 1838, this court was discontinued at the latter place.

For many years the District Courts for the Northern and Middle Districts had "the power and jurisdiction of a Circuit Court," hut this was withdrawn by act of March 3, 1873, and the United States Circuit Court at Mobile was given jurisdiction over all business originally belonging to that court in the three districts of the State.

Within a year, however, on June 22, 1874, separate circuit courts were provided for the Northern and Middle Districts; and the act of May 2, 1884, providing a district court for the Southern Division of the Northern Dis- trict at Birmingham provided that terms of the Circuit Court should be held there also.

UNITED STATES DAUGHTERS OF 1812, ALABAMA DIVISION. A patriotic society founded in Cleveland, Ohio, in 1892, whose object is to perpetuate the memory of the founders of America, with their records of service in the French War, the Revolution, and the War of 1812. It was incorporated as a national organization February 25, 1901. Its membership is composed of women who are lineal descendants from an ancestry who assisted in the War of 1812, either as a military or naval officer, a soldier, or a sailor, or in any way gave aid to the cause.

Miss Maud McLure Kelly, of Birmingham, was appointed organizing president for this state on October 8, 1908. On May 6, 1910, the first chapter in the state was organized in Birmingham. It was called the Sims-Kelly chapter, but later the name was changed to Alabama charter chapter. On January 6, 1915, the Octagon chapter in Mobile, was or- ganized with Mrs. Charles S. Shawhan, as founder and first regent.

The state organization contributed to the placing of a memorial window in St. Michael's church, Dartmore, England. The state through the Alabama charter chapter marked the beginning of the Jackson trail in Alabama with a boulder at Huntsville and also placed another boulder at Horse Shoe Bend battle field marking the end of the said trail. This celebration took place July 4, 1914. This chapter was also the instigator of the move- ment agitating the building of the memorial highway to Andrew Jackson. It also pre- sented portraits of Andrew Jackson to the high schools and maintains a cot at the children's hospital in Birmingham.

On May 17, 1917, the Alabama organization placed a boulder at Tensaw, marking the lo- cation of the famous massacre at Fort Mims.

Officers: Miss Maud McLure Kelly, honorary Ilfe president; Mrs. Harry Tutwiler Inge, presi- dent; Mrs. Gregory Little Smith, first vice- president; Mrs. John A. Lusk, second vice- president; Mrs. Robert H. Woodrow, third vice-president; Mrs. B. F. Padgett, recording

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secretary; Mrs. W. A. Christian, correspond- ing secretary; Mrs. W. W. Croom, treasurer; Mrs. C. S. Shawhan, historian; Mrs. Stanley Finch, official reader; Mrs. B. E. Adams, auditor.

Charter members, Alabama charter chap- ter, Birmingham-Miss Elizabeth Benagh, Nashville, Tenn .; Mrs. R. E. D. Irwin, Annis- ton; Mrs. Griggsby T. Sibley, Birmingham; Miss Maud McClure Kelly, Birmingham; Mrs. Richard B. Kelly, Birmingham; Mrs. Willis Hitzing, Nashville, Tenn.

Charter members, Octagon chapter, Mobile. -Mrs. B. F. Adams, Mrs. W. A. Christian, Mrs. W. W. Croom, Mrs. C. P. Dumas, Mrs. R. E. Gwin, Miss Edith B. Heckert, Mrs. H. M. Hopper, Mrs. H. T. Inge, Mrs. Charles A, L. Johnstone, Mrs. Fiedlia Sledge Jones, Mrs. B. W. Padgett, Mrs. Bion Provost, Mrs. R. A. Rush, Mrs. C. S. Shawhan, Mrs. G. L. Smith, Mrs. R. E. Dumas.

REFERENCES .- Manuscripts and clippings in the State department of archives and history; Octagon chapter, Mobile, Yearbooks, 1915-16, 1916-17.

UNITED STATES SUPREME COURT. REPRESENTATIVES FROM ALAMAMA ON. Alabama has had three representatives on the Supreme Court of the United States. The first of these was John Mckinley, a native of Virginia, who had located in Huntsville in 1818. He was elected to the United States Senate from Alahama in 1826, serving until 1831. In 1831 he was elected as a representa- tive in Congress from the Tennessee Valley district. He was at that time residing in Florence. In 1836 he was again chosen to the United States Senate, to succeed Gov. Ga- briel Moore. He did not take his seat, how- ever, having been appointed by President Martin Van Buren as an associate justice of the supreme court. His appointment was made possible at that time by the passage of an act of Congress March 3, 1837, increas- ing the number of justices to nine. Hon. William Smith, who had recently located in Alabama from South Carolina, was appointed and commissioned March 8, 1837, but he de- clined the honor. On April 22, 1837, Senator Mckinley was commissioned, and on Septem- ber 25, 1837, he was recommissioned after confirmation. After appointment the bench, he removed his residence to Louisville, where he died in 1852.

To the place made vacant by the death of Judge Mckinley, John Archibald Campbell, then a practicing lawyer on the Mobile bench, was appointed. Mr. Camphell was commis- sioned March 22, 1853. He was a native of Wilkes County, Ga., born June 24, 1811. He has a distinguished career in Alahama as a lawyer, residing hoth in Montgomery and Mobile. He served until May, 1861, when he resigned. He was appointed assistant sec- retary of war in the cabinet of Jefferson Davis, president of the Confederacy. On the fall of Richmond, Judge Campbell was con- fined in Fort Pulaski, Ga., for six months. At the end of that time he was paroled, but his disabilities were never removedd as he al-

ways refused to apply for a pardon. After his release he practiced his profession with great success, residing at different times in New Orleans and Baltimore. He frequently appeared in important cases before the su- preme court, some of these being the cele- brated slaughter house case, the New Or- leans Water Works Case, and the suits of the States of New Hampshire and New York against the State of Louisiana. He died at Baltimore, March 13, 1889, and is there buried.

While not a native of Alabama, hecause of his residence in the State from 1866 to his appointment as an associate justice of the United States Supreme Court, the name of William Burnham Woods should be here noted. He was born in Newark, Kentucky, August 3, 1824. He graduated from West- ern Reserve College in 1841 and from Yale University in 1845. He was lieutenant colo- nel of the 76th Ohio regiment, and when mus- tered out, had attained the brevet rank of major general. In 1866, he located in Ala- bama, where he took a leading position in the Republican party. Under the Reconstruction acts, 1868, he was elected chancellor for the middle chancery division. However, he served only two years, when he was appointed U. S. circuit judge for the fifth district. He made his residence in Mobile. In 1880, President Hayes appointed Judge Woods as associate justice of the United States Supreme Court. Judge Woods died in Washington City, May 14, 1887.

REFERENCES .- Justice Mckinley: Brewer, Alabama, p. 297; Carson, Supreme Court of the United States (1892), pt. 1, pp. 300-301; Apple- ton, Cyclopedia of American Biography, vol. 4, p. 137; Lamb, Biographical Dictionary of the United States, vol. 5, p. 272; National Cyclo- pedia of American Biography, vol. 2, p. 470.

Justice Campbell: Brewer, Alabama, p. 400; Garrett, Public Men in Alabama, p. 285; Apple- ton, Cyclopedia of American Biography, vol. 1, p. 514; Carson, Supreme Court of the United States (1892), pt. 1, pp. 350-354; Proceedings of the Supreme Court on the death of Judge Campbell (1889); Lamb, Biographical Diction- ary of the United States, vol. 1, p. 557; National Cyclopedia of American Biography, vol. 2, p. 472; George W. Duncan, Sketch of Campbell, in Trans. Ala. Hist. Soc., vol. v, p. 107-151; and Owen, Bibliography of Alabama in Report of the American Historical Association, 1897, pp. 853-854.

Justice Woods: Carson, Supreme Court of the United States (1891), pp. 480-481; Appleton, Cyclopedia of American Biography, vol. 6, p. 605; Lamb, Biographical Dictionary of the United States, vol. 7, p. 642; National Cyclo- pedia of American Biography, vol. 2, p. 476.

UNITED STATES WEATHER SERVICE. See Climatology.

UNIVERSALISTS. A religious organiza- tion of modern origin confined mostly to the United States, and dates from the arrival of Rev. John Murray, of London, in Good Luck, N. J., in September, 1770. There were some

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preachers of the doctrine in this country before this date. New York, Pennsylvania, and Massachusetts were visited by Mr. Mur- ray and societies sprang up as the result of his ministry. In 1780 the first church was built at Gloucester, Mass., where he settled for some time, later removing to Boston.

At a meeting held at Gloucester, Mass., in 1785, little was done towards an organi- zation but approval was given to the name selected by the Universalists of Gloucester for their church, "The Independent Christian Society, common called 'Universalists'," and approved also the charter of compact as the form of organization for all societies. In 1791 at the second convention which was held at Philadelphia, the first Universalist pro- fession of faith was drawn up and published. This profession consisted of five articles, out- lined a plan of church organization, and was in favor of the congregational form of polity. In 1793, another convention was held at Oxford, which subsequently developed into the Convention of the New England States, then into the Convention of New England and New York, and finally into the present organiza- tion, the General Convention.

Hosea Ballow for half a century, after the Oxford convention, was the recognized leader of the movement.

The doctrinal symbol of the Universalists denomination is the Winchester Profession, adopted at the annual meeting of the General convention held in Winchester, N. H., in September, 1803, and is essentially the same as the first profession of faith in the five articles formulated and published by the Philadelphia Convention in 1790.

Universalists as a body are now practically Unitarians, so far as the person, nature and work of Christ are concerned. Alabama Statistics, 1916 .-

Total number of organizations, 9.

Number of organizations reporting, 9.

Total number members reported, 609.

Number of organizations reporting, 9.

Total number members reported (Male), 281.

Total number members reported (Female), 328.

. Church edifices, 7.

Halls, etc., 1.

Number of church edifices reported, 7. Number of organizations reporting, 7.

Value reported, $28,650.

Total number of organizations, 9. Number of organizations reporting, 2. Value of parsonages reported, $8,500. Number of organizations reporting, 8. Amount expenditures reported, $3,040. Number of organizations reporting, 7.

Number of Sunday Schools reported, 7. Number of officers and teachers, 51. Number of scholars, 366.

REFERENCES .- U. S. bureau of census, Religi- ous bodies, 1916, pts. 1 & 2; New International encyclopedia.

UNIVERSITY HIGH SCHOOL. Founded in October, 1877, by Prof. W. H. Verner, at Tuscaloosa, and was designed to be a pre-

paratory school for youths for the State Uni- versity. Its exercises were conducted in various parts of the city until 1886, when Prof. Verner purchased the old convent prop- erty in the eastern suburb of Tuscaloosa, and there established a military boarding school, to which he gave the name, "University High School." Several years later the name was changed to "Verner Military Institute," and continued under that title to be a great suc- cess and power for good, until its doors were closed September 10, 1900, by the death of its principal.

Prof. H. M. Sommerville, Jr., who had been chief assistant to Mr. Verner, reopened and conducted the school after the death of its founder until the property was sold to Messrs. Pulliam and Brown, who conducted its exercises in the old Tuscaloosa Female College building until the fall of 1914, when Prof. Brown withdrew and organized a school of his own, known as "The University Training School."

The buildings of "The University High School" were situated on South University avenue, and the grounds were 315 by 635 feet. The main building was shaped like the letter H. Each wing was three stories in height with two rooms on each floor. The central portion had the same number of rooms as one of these wings, with double galleries, front and rear, 50 by 14 feet each. There was also one two-story brick house of four rooms; another of five; and another of six, and a brick stable 65 by 35 feet.

The course of study included the scientific and collegiate or classical departments.

The Adelphian literary society gave the cadets an opportunity for instruction in par- liamentary law, practice in debate and elocu- tion. Each student was required to wear a uniform of cadet grey on special occasions.

BIBLIOGRAPHY .- Catalogue of the officers and students of University High School for the academic year ending June 5, 1888, etc. Tus- caloosa, Ala. 8 vo.

Academic year ending June 5, 1888. 8vo. pp. 17.

Academic year ending June 4, 1889. 12 mo. pp. 15.

Academic year ending June 2, 1890. 12 mo. pp. 15.

Course of study and announcement of Uni- versity High School, Tuscaloosa, Alabama, 1906-1907, a select preparatory school for Boys and Young Men. Christian but Undenomina- tional. H. M. Somerville, Jr., A. M., Principal; Carl W. McMachon, A. B., First Assistant.

12 mo. pp. 10.

Verner Military Institute.

W. H. Verner, Superintendent. 8vo. pp. 8.

UNIVERSITY MILITARY SCHOOL. Pri- vate school for the education of boys, located in Mobile. This institution was established by Julius Tutwiler Wright, who has remained as principal until the present time. The first building was located at 559 Conti Street; later a permanent home was secured at 933 Dauphin Street. One of the chief features

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of the school is the military department. This branch "is equipped with light-weight Rem- ington cadet rifles, of German make; with bayonets and accoutrements; with parade flags and guidons; and with cadet swords and belts, of the finest quality." College preparatory and business courses are offered. The school has excellent physical and chem- ical apparatus, and a good library of fiction and reference works. It is an accredited high school and several scholarships are main- tained.

REFERENCES .- Catalogues 1901, 1905, and one not dated.

UNIVERSITY OF ALABAMA. State in- stitution for the education of young men and young women, located at Tuscaloosa, and es- tablished by Act of the legislature, approved December 17, 1819.

Although the university was formally opened to students April 17, 1831, the begin- ning of the history of the institution dates back twelve years to an Act of the general assembly of Alabama, approved December 17, 1819, just three days after the state had been admitted into the federal union. The Act provided for the incorporation of "a sem- inary of learning," to be known as the Uni- versity of Alabama.

In his message to the legislature Gov. W. W. Bibb called special attention to the liberal donations which had been made by Congress to Alabama for educational purposes. The general assembly immediately appropriated moneys, and passed a resolution authorizing the governor to appoint land commissioners to manage the lands set apart by Congress.

During the third session of the legislature, in 1821, another Act was passed providing that "His Excellency the governor, ex-officio, together with twelve trustees, two from each judicial circuit, to be elected by joint ballot of both houses of the general assembly, to continue in office for the term of three years, should constitute a body politic and corporate in deed and in law, by the name of the trus- tees of the University of Alabama, and the governor should be ex-officio president of the board." The next session of the legislature enlarged the powers of the board, giving them authority to select a place or places which might be suitable for the location of the University, and to report so that "the legislature shall by joint ballot of both houses make choice for the site of the University."

It was stipulated in the Act of incorporation that, "all lands received by the State as a donation from Congress for a seminary of learning were vested in the trustees, who were authorized to dispose of the lands in such manner as should be best calculated to promote the object of the grant." The lands which had been donated were to be sold at minimum price of seventeen dollars per acre, the agents collecting one-fourth in cash and taking notes for the rest which was to be paid in four annual installments.

The first meeting of the board of trustees was held in the city of Tuscaloosa, on Thurs- day, April 4, 1822. The required oath of

office was administered by Hume R. Field.

Commitees were appointed, ordinances passed, a seal selected and other business transacted before the committee reported which had been appointed to determine the bond of the treasurer, and of the agents, with recommendations as to the lands to be sold and the method of disposing of them. The committee, consisting of Messrs. Carter, Phil- lips, Davis and Field, reported that the bond of the treasurer was to be two hundred and fifty thousand dollars, and that of the agents one hundred thousand dollars. The districts consisted of Cahaba, Tuscaloosa, and the Big Spring, the latter place in Franklin County.

The duties of the commissioners, as set forth by the committee, were: to examine all lands vested in the trustees lying within the district for which they had been appointed agents, and to report whether or not in their opinion the land was worth seventeen dollars an acre; they were to report also the situation and quality of the lands, and the improve- ments that had been made on them.

The result of a viva voce election for the agents was John Hunter, for the Cahaba Dis- trict; Thomas Owen, for the Tuscaloosa Dis- trict; and Quin Morton, for the district of the Big Spring. Jack F. Ross was elected treasurer over his opponent Thomas w. Farrar. All the lands which had been sold and those which remained unsold were men- tioned in the first annual report of the trus- tees, 1823, with the exception of those lands which had been reserved as eligible sites for the University; the amounts received, the amounts of bonds received, both principal and interest, and the total amount of the in- stallments remaining unpaid accompanied this first annual report.

Because the legislature had failed to select a site for the location of the University noth- ing could be done with the money in the hands of the trustees, except to convert it into United States Bank notes or specie. The money appropriated for the building also lay- idle. From the sales of the University lands, rents and leases, etc., there came into the state treasury for 1823, $52,602.7512. The Board of Trustees suspended the entries of University lands, in 1825, until the will of the general assembly became known. The legislature reclassified the lands, according to the wish of the Trustees, into three groups, the first to be sold for seventeen dollars; the second for twelve and the third for eight.

With the growth of the State there was also a gradual growth of its industries and insti- tutions. This can be seen in no clearer light than the establishment of a bank in 1823, known as the "Bank of the State of Alabama," (q. v.). With the establishment of the state bank, the office of the treasurer was abolished and "it was made the duty of the treasurer of the state to receive and safely keep all the moneys that might be paid over to him by the trustees of the University." This ar- rangement was continued until 1848, when all the accounts between the State and the Uni- versity were adjusted and closed. These words are found in the second section of the

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Act of incorporation of the state bank, "the moneys arising, or which may have arisen from the sale or rent of the lands given to this State by the Congress of the United States for the support of a seminary of learn- ing, shall form a part of the capital of said bank." The Governor of the State and the president and directors of the board were required, "for and in behalf of the state and with a pledge of the public faith and credit, to issue to the trustees of the University of Alabama state stock or certificates of debt bearing an interest of six percent, per an- num," for such amounts of the University funds as might be paid over to the bank from time to time, it was further said that the University funds so invested was not to exceed one hundred thousand dollars.

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History of Alabama and dictionary of Alabama biography, Volume II, Part 118

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869- Publication date: 1921 Publisher: Chicago, The S. J. Clarke publishing company Number of Pages: 724

Author: Owen, Thomas McAdory, 1866-1920; Owen, Marie (Bankhead) Mrs. 1869-
Publication date: 1921
Publisher: Chicago, The S. J. Clarke publishing company
Number of Pages: 724