USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 10
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WILLIAM WINTER PAYNE was first elected a member of the House from Franklin county, in 1832, when a young man. He afterwards removed to Sumter, from which county he was elected successively for several years. In 1839 he was the candidate of the Democratic party for the Senate, and was beaten by Samuel B. Boyd, Esq., only four votes out of 2,500. Conceiving that he had grounds, he contested Mr. Boyd's election, which brought the matter before the Senate for investigation. The result was that the election of Mr. Boyd, the sitting member, was declared invalid, and another election was ordered, though too late in the session for any practical use, and it went over to the regular elec- tion in 1840, when Mr. Payne declined the contest. In 1841, he was nominated for Congress by the Democratic Convention of the Tuskaloosa District, and was elected on the general ticket. In 1843, he defeated Col. Elisha Young, the Whig candidate in the District. This was no common victory, as Col. Young was intel- lectually a strong man, of finished education, and powerful in debate; and withal, a gentleman of high character. In 1845, Mr. Payne defeated John Erwin, Esq., who was before the people as an independent candidate for Congress. In 1847, he was superceded by Samuel W. Inge, Esq., in the nominating Con- vention, soon after which he ceased to be a citizen of Alabama, and returned to Virginia, his native State.
Few men in Alabama, or elsewhere, possessed more decided traits of character, or more self-reliance, with a natural ability, physical and mental, to command success. Mr. Payne was an educated man, although no college diploma may have conferred that title. But, whatever his opportunities in youth, he was to all intents and purposes a power within himself, calculated to bring the masses into subjection to his logic and his boldness. In the canvass or in the Legislature, he had his authorities well
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digested for argument, and whoever faced him incurred no ordi- nary hazard, as what he lacked in the strength of his cause, or in his preparation to support it, he made up in a potency of voice well managed, and by emphatic motions of his head, which riveted his own ideas on the audience, while it rendered those of his antagonist exceedingly feeble in the comparison of vocal thunder.
Mr. Payne was a wealthy planter, and had leisure to improve his mind by books, and by the study of mankind. During the six years he was in Congress, from 1841 to 1847, he established a prominent character in the party to which he belonged. By no means diffident, he was often on the floor, as his numerous speeches reported in the "Congressional Globe" will show, all marked with ability, if not with liberality. He knew the prejudices and feel- ings of the people in common life, and seldom failed to adopt his political music to their sensations, an example of which was given in his speech on the Tariff, in which he said that even the sugar in which a mother mixed medicine for her sick babe, was taxed by the Government! Such was the fact, however, though it may not have called for the pathos of the illustration. But being a man of the people, and striving to please, Mr. Payne had a right to express his sympathies in a way he deemed most effectual at the ballot-box. By talents, experience, and address, he was qualified for high places, to which his ambition was directed. This was no doubt perceived by other men of the party, who believed that Mr. Payne honestly considered himself entitled to a life estate in Congress, or in whatever station he might prefer. At all events, by the machinery of a convention, he was put out of the way of others, perhaps as worthy, and the chagrin he man- ifested by leaving Alabama, showed how the barb quivered in his vitals. He ought to have risen superior to such an influence; for he had a weight of character spotless in private life, and solid for public service, on which he could have rested in tranquillity and with honor the balance of a long career. He has been heard to ascribe his preservation from a horrible death to the entreaty of his wife, who prevailed on him not to form one of the official party on board the United States steamer "Princeton," in 1844, when the big gun of Com. Stockton bursted, and killed Mr. Upshur, the Secretary of State; Mr. Gilmer, the Secretary of the
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Navy; Com. Kennon, and Col. Gardner; and injured others, among whom was Col. Benton. Mr. Payne had accepted the invitation to be present at the trial of the gun, and was on the point of going, when his better angel interposed.
DR. REUBEN SEARCY was a member this year only, and proved himself an efficient, safe legislator. He has long been a practi- tioner of medicine in Tuskaloosa, where he has justly attained a high rank in his profession, and has contributed no little, by his attentions and counsel, to the inauguration of the Lunatic Asylum, of which he has been a Trustee or Director. He was held in high esteem as a citizen, and member of the Democratic party.
CHAPTER VI.
Sketches Continued .- Elections of 1839.
. MALCOLM M. BURKE, of Wilcox, took his seat in the House a few days after its organization in 1838, and immediately entered into the debates which had commenced. A Whig, young, bold, and fearless, and rather impulsive, he gained attention, and soon became a prominent actor on the Whig side of the House. His criticisms and arraignments of the members of the Democratic party, produced some sparring in the heat of discussion, which, however, passed away with the occasion. For one so young, his person was well developed, large, and commanding, with a broad chest, eagle eyes, auburn hair, large nose and mouth. His social qualities were of a high order, and few men were more courted in the social circle, or responded more gracefully to the advances of his friends. His star blazed for one session, and rose rapidly toward the ascendant; but its luster was obscured by death, before another meeting of the Legislature. If I mistake not, he was reelected, and died soon thereafter.
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THOMAS PRICE, Engrossing Clerk of the House, ceased his con- nection with it at the end of this session, and justice demands a notice of him at my hands. He had been Sheriff of Morgan county, elected when quite young, and discharged the duties of the office with credit. In 1837, he was elected Engrossing Clerk, and again in 1838. His clerical abilities were not of a high order, still he kept his business up, and got along, and was popular. Indeed, his popularity was proverbial, and why not? Nature had blessed. him with a good face, upon which there was a perpetual smile and sunshine, emanating from a good heart, which prompted him to be kind and accommodating to everybody, whatever the relation. In the whole course of an extensive acquaintance with men, I never knew one who was more ready to forget self in a willingness to serve another. He was a boon companion, conversed well upon ' common topics, and in his company one would soon forget the cares of life, in the pleasure of his lively anecdote and fun. He ranked as a Democrat, but knew little of politics, and cared less, except so far as was necessary to keep himself in line.
In 1838, while the canvass for the organization of the two Houses was going on, a prominent member of the State Rights party ap- proached, (I was then a candidate for Clerk of the House,) and asked me how I stood upon the sub-treasury question ? I impressed him that I was in favor of that measure. He expressed himself satisfied, and said that the reply would control the votes of a dozen gentlemen, who would vote for no man unless his position on that subject was satisfactory. He then inquired if I knew the position of Mr. Price upon this question, saying he liked his fine qualities as a man, but could not vote for him unless he was right. I knew that Price was hard up, with a strong opposition on his hands, and desired his election. . I informed the gentleman that I had never heard Mr. Price say anything on this point, but had no doubt that he was sound. Just then, in passing, Price came near the place where we stood, and I called him up. Fearing he had not informed , himself, I commenced the subject by alluding to the inquiries that had been made, and the result of the information that would gain a dozen votes, and then went over the assurances I felt authorized to give for him, etc. While this was going on he looked uneasy and thoughtful. At the conclusion he said, of course he was for
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it, with all his heart. The member expressed himself fully satis- fied, and said that he and his friends would vote for him. The conversation was kept up some minutes on other subjects, during which time Price was shy, silent, and uneasy. As soon as he could, he beckoned me aside privately, and asked: "What is this-what do you call it-sub-treasury, that he was talking about? I never heard of it before, that I recollect; but look here, did I answer right ?" Being told that he did, he was much relieved, and then requested me if there were any more of these new questions on hand, to let him know, and post him; for, he said, if this thing had not been managed well he would have lost a dozen votes. He was good at electioneering, and never was beaten, though engaged in many severe contests before the people of Morgan county, who elected him, and reelected him Judge of the County Court, and afterwards Judge of Probate, in which relation he died. He doubt- less dispensed as many kind-hearted favors in the course of his life as any other man in his sphere.
RESULT OF THE ELECTIONS.
The elections, in 1839, were conducted with spirit in all portions of the State where the relative strength of parties would justify it. A Governor, Representatives in Congress, one-third of the State Senators, and all the members of the House, were elected. Arthur P. Bagby was the Democratic candidate for reelection, and was elected Governor, there being no organized opposition, though there was a scattering vote in favor of Arthur F. Hopkins, decid- edly the leader, as well as the ablest man of the Whig party in Alabama. For Congress, Reuben Chapman, in the Huntsville District; David Hubbard, in the Florence, and Dixon H. Lewis, in the Montgomery District-all Administration men-were elected. In the Tuskaloosa District, George W. Crabb, Whig, was elected over H. W. Ellis, Democrat; and in the Mobile District, James Dellet, Whig, defeated ex-Governor John Murphy, Democrat. Both branches of the Legislature were largely Democratic, upon the issues made the Winter before, by the passage of Judge Smith's resolutions.
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ORGANIZATION.
The two Houses of the General Assembly met at the Capitol, on the 2d of December, 1839. In the Senate, Judge Green P. Rice, of Morgan county, was elected President, without opposition. J. M. Calhoun, Esq., was President at the preceding session, but was superceded this session, on account of the hostility lingering in the minds of the Democrats of the Jackson school against the ex- treme State Rights men. Pleasant Hill was elected Secretary; Hiram Hemphill, Assistant Secretary; and Armstead Thomas, Door-keeper.
In the House, John D. Phelan, Esq., of Tuskaloosa, was unani- mously elected Speaker; William Garrett, Clerk; Joseph Phelan, Assistant Clerk; M. Priest, Engrossing Clerk; John Tatom, Door- keeper; and Lin Taylor, Messenger.
The political contest this year brought forward many of the most talented men of the State, a good number belonging to the class of young, active ones, who could conduct a canvass with spirit and en- ergy; but there was, too, a large amount of matured character and experience in the two Houses.
In the Senate, may be mentioned James Hill of Bibb, G. W. Creagh of Clarke, J. M. Calhoun of Dallas,. Thomas Riddle of Greene, Joseph P. Frazier of Jackson, Hugh McVay of Lauder- dale, W. J. Alston of Marengo, Samuel C. Oliver of Montgomery, Nathaniel Terry of Limestone, T. L. Toulmin of Mobile, G. P. Rice of Morgan, Peyton King of Pickens, William Wellborn of Barbour, Daniel C. Watrous of Shelby, F. G. McConnell of Talla- dega, and Dennis Dent of Tuskaloosa.
The House presented a strong array of men who had long par- ticipated in the councils of the State, and the names of others just entering upon a course that was to lead on to high promotion in the future, as Dixon Hall and John W. Withers of Autauga, J. W. A. Pettit of Barbour, Thomas A. Walker and John Cochran of Benton, Mace T. P. Brindley of Blount, James M. Bolling of Conecuh, Daniel H. Norwood and William H. Norris of Dallas, R. A. Baker and Benj. Reynolds of Franklin, Solomon McAlpin and Elisha Young of Greene, Thomas Wilson and R. T. Scott of Jackson, Samuel S. Earle of Jefferson, T. W. Walker and O. H.
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Bynum of Lawrence, H. D. Smith of Lauderdale, Elbert H. English of Limestone, William Smith, Jeremiah Clemens, David Moore, and John Vining, of Madison; Milton McClanahan and C. E. B. Strode of Morgan, Percy Walker, Isaac H. Erwin, and C. C. Langdon, of Mobile ; Joseph J. Hutchinson of Montgomery, Lorman Crawford of Monroe, A. B. Moore and John Barron of Perry, J. E. Pearson and Nathan Smith of Pickens, James Aber- crombie of Russell, James H. Nabors and Wade H. Griffin of Shelby, W. P. Chilton of Talladega, M. D. Williams, John D. Phelan, and B. F. Porter, of Tuskaloosa.
The House contained in it more elements of future promotion and success, among the young men who took their seats as members for the first time. One of them, Mr. Moore, of Perry, rose to the Executive of the State; another, Mr. Clemens, went to the Senate of the United States; two others, Messrs. Chilton and Phelan, sat upon the bench of the Supreme Court; another, Mr. Walker, of Mobile, was elected to Congress; another, E. H. English, removing to Arkansas, graced the Supreme Court bench of that State many years ago, first giving to the State an admirable digest of the laws. Three others, T. A. Walker, John Cochran, and Nathaniel Cook, occupied places for years on the Circuit bench, the former filling the chair of President of the Senate; another, Mr. Strode, of Mor- gan, became Solicitor of the Seventh Circuit; and another, C. C. Langdon, filling the high position of Mayor of Mobile, and was elected to Congress in 1865. Of the older members, one, Mr. Porter, went to the Circuit bench by election, and Mr. Baker and Dr. Moore were destined to preside over the deliberations of the House as Speaker. One, Mr. Abercrombie, was twice elected to Congress; whilst another, Mr. Hutchinson, became a prominent minister in the communion of the Methodist Episcopal Church, South; and many others, not here named, were promoted to seats in the Senate, where they aided by the counsels of experience in advancing the interests of the State. Seldom has Alabama con- tained so much of future service and distinction in a House of Representatives.
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THE MESSAGE. .
The Governor's message was delivered on Tuesday, by Mr. Tunstall, Secretary of State. It was long, and the reading con- sumed some time. It presented a full and comprehensive view of the "situation." On the subject of Internal Improvements, the Governor reiterated the sentiment which was still uppermost in the minds of the public men of Alabama, that water communica- tion was that upon which we must rely. But it will be better for the Governor to speak for himself:
If it should be said we are behind other States in this respect, it may be replied that if we are destitute of those ready and agreeable means of intercommunication, which abound and greatly facilitate traveling and transportation in some of the States, we are at least free from the weight of those monumental debts, that have been contracted to carry on their works of internal improvement. Indeed, it seems to be impossible that the people of this State can suffer very great inconveni- ence or difficulty in getting their produce to market, when it is recollected that this State is irrigated by three of the finest rivers in the world. And I avail myself of this occasion, to express my decided and clear preference for the opening and improving the navigation of our rivers, over every other description of internal improvement. It is but improving the advantages of nature, with which a benefi- cent Providence has favored us, and while these beautiful streams, with which our State is so freely favored, continue to roll their ceaseless tributes to the ocean, every improvement made upon them will continue to increase in value and impor- tance. I continue to be deeply impressed with the importance, and adhere to the determination of effecting some permanent connection between the waters of Mo- bile Bay and the Tennessee River; but circumstances seem to forbid our engaging in it at present.
The State was launched upon this plan; for Congress, in the act providing for its admission, proposed, among other things, to give five per cent. of the proceeds of public lands sold in Alabama, two- fifths of which was to be used in constructing roads leading to the State, under the direction of Congress, and three-fifths to the im- provement of rivers and roads in the State, under the direction of the Legislature. Railroads were not talked of then, and at the date of this message there was but one railroad enterprise in Ala- bama-that from Decatur to Tuscumbia-which, like all pioneer movements of the sort, had, in a measure, failed, and seriously em- barrassed many worthy gentlemen in the section where it was attempted. Every Governor, and most of the leading men were impressed with the importance of connecting North and South- Alabama by a system of improvement that would, in effect, break down the mountain barriers between them; but few had advanced
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beyond a water line. At the next session, 1840, Judge Jolm S. Hunter, of Lowndes, a gentleman of enlarged experience and in- formation upon subjects of State policy, was placed at the head of the Internal Improvement Committee, and made a labored report, which was entered on the Journals of that session, valuable as presenting a view of the general subject, in which the committee gave preference to the water line, as the following extract will show :
The attention of the committee has been drawn to the Macadamized mode of roading, and of it, so far as the connection of North and South is concerned, in matters of commerce, they are disposed to think unfavorably thereof.
They, in the first place, think that such a road would not divert the commerce of the North from its now accustomed channel. That, secondly, it would be almost as costly as a railroad, because of the impracticability of obtaining, with sufficient facility, the proper rock; the sand-stone, as we are informed, not being suitable thereto, and the lime-rock, which is preferred, not to be had.
The view of the committee was, however, not confined to roads, and they beg leave to suggest a mode of effecting this communication by a water route, with the exception of a few miles, that intelligent gentlemen view as entirely practicable.
It is proposed to ascend the Tennessee to the mouth of the Hiwassee, from the town of Decatur, about two hundred miles ; a portion of this river, the suck ex- cepted, said to be equal to any other of like extent for steamboat navigation, and the suck formidable only in low-water. Ascend the Hiwassee three miles, to the Chilhowie mountains; at that point on said river, a railroad may be constructed over a perfect plain, of not more than twelve miles, to the Connesauga Creek; de- scend this creek to the Easternawla River, and this river into the Coosa, thence into the Alabama River. That there are impediments your committee can not doubt; they may, however, be of a character not to require the same expenditure for removal thereof, as would the construction of the railroad herein alluded to.
A large portion of the message was devoted to the banks, their condition, and the pecuniary distress of the country, with sundry recommendations to improve their management. The resumption of specie payment the Winter previously, in which the State Bank took the lead, was of short duration, as the wants and absolute de- mand for a circulating medium among the people, required heavy discounts of notes and bills, thereby increasing instead of dimin- ishing the circulation.
The year 1839 will be remembered for the intense drouth which prevailed over the South, from the first of August to the termina- tion of January following. The navigable waters were lower than they had ever been before, putting a stop to transportation. This year, too, the city of Mobile was visited with that terrible scourge, yellow fever, attended by the torch of the incendiary. So appalling was the state of things produced there, that the Governor, in his annual message, brought the subject to the notice of the Legislature,
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On the first day of the session, and before the delivery of the message, Judge B. F. Porter submitted a preamble and series of resolutions, in reference to the calamitous condition of that suffer- ing city and people, accompanied with very suitable remarks. He was followed by Mr. Percy Walker, one of the Representatives from that city, in a speech of thrilling interest. It was his maiden effort before the Legislature, and I have often thought, taken alto- gether, it was the best of his life, and few men have made better speeches than Percy Walker. The occasion-the pestilence with its frightful ravages ; the daily and hourly funeral processions; the blazing fires which at midnight consumed the best portion of the city; widowhood and orphanage, in their sufferings and wailings, and want; were depicted by him who had witnessed the scenes, and, as a physician, had participated in measures of relief to the sick, as few could do it. He was young, buoyant, sympathetic, and eloquent. Seldom has a body of men, come together with so little knowledge of the subject-matter of the speech before it was deliv- ered, been more deeply moved, including the large audience in the lobby and galleries. This speech was never published, as it should have been, and preserved as a description of the terrible times in Mobile, in 1839, as well as to perpetuate the dedication of Mr. Walker's first effort to the interests of his suffering constitu- ency. This speech placed Mr. Walker at once in the front rank among members, and here he commenced a career that it will be seen hereafter in these pages, was highly creditable alike to his State and to himself.
The first business which engaged the attention of the Senate was a contested election from Sumter county, in which Mr. Payne canvassed the right of Samuel B. Boyd, the sitting member, to a seat, on account of illegal voting. The contest in that county at the August election, was very animated; party spirit was fully up to fever heat. The vote of the county was large-upwards of 2,500-and a mixed ticket was elected to the House, so closely were parties balanced. Mr. Boyd held the Sheriff's certificate of election upon a majority of seven votes. The papers were referred to the proper committee, who, after close investigation, reported in favor of Mr. Payne, by a majority of six. But there was a mi- nority report opposing the conclusion of the majority, and rather
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favoring Mr. Boyd's right. After several days discussion, the Sen- ate voted the seat vacant-neither gentleman entitled to it-and referred the whole matter to the people. Mr. Boyd was beaten the next year, by Mr. John E. Jones, in a regular hand-to-hand con- test, four votes. This concluded Mr. Boyd's connection with public life in Alabama. He was a Tennesseean, and had settled in Liv- ingston a few years before, in the practice of the law. He had the capacity, had his mind been fully applied in that direction, to attain eminence at the bar; but he suffered himself to be drawn into the whirlpool of politics at an unpropitious time. The results of the canvass in 1839-'40 had a material influence on his spirits, and in 1846 he returned to his old home in Knoxville, East-Ten- nessee. His political ambition had been excited, and he yielded to the solicitation of his friends, and became a candidate for the Senate there, but was defeated. Soon thereafter he was elected Judge of the Circuit Court, and died while holding that honorable commission. Mr. Boyd was a Whig of very decided convictions. He was a Christian gentleman of unblemished character, and of high social and moral qualities. His career was chequered with success and failure; very different, probably, from his early antici- pations. But, after all his mixed experience, his memory is entitled to the highest public respect.
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