USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 11
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ELIGIBILITY TO OFFICE.
A constitutional question was sprung in both Houses at an early part of the session. It had been the practice for years for gen- tlemen to occupy seats who were Judges of the County Court, Bank Attorneys, or filling other official stations until after they were elected, and then resign. Many such cases were presented at this session. The practice alluded to had grown to such an extent, that the question was referred to the Judiciary Committee in each House, to report whether, under the Constitution, any person holding, at the time of his election, any one or more of the following offices was eligible to a seat:
1. Attorney for the State Bank, or any of its branches.
2. Solicitors of the different Judicial Circuits.
3. Trustees of the State University.
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4. Reporter of the decisions of the Supreme Court.
5. Agent or Attorney for the Trustees of the University.
6. Judge of the County Court.
7. Secretary of the Board of Trustees of the University.
8. Directors of the State Bank and Branches.
The inquiry in each House was the same, and the reports of the Committees agreed in the conclusion that none of the persons holding either one of the offices at the time of election was eligi- ble to a seat in either House. Under this decision, several vacan- cies were declared to exist. In the Senate, Mr. Green P. Rice, of Morgan, and Mr. J. W. Townsend, of Pike, who each held the office of Judge of the County Court at the time of his elec- tion, retired. Out of respect to the position of Mr. Rice, who . was President of the Senate, a decision was delayed until the day before the final adjournment, when his place was vacated, and ex-Gov. McVay, of Lauderdale, was elected his successor.
In the House, the following gentlemen retired, as ineligible, viz: M. D. Williams, of Tuskaloosa, and Josiah Jones, of Coving- ton, Judges of the County Court; Thomas A. Walker, of Benton, Solicitor, and Percy Walker, of Mobile, Bank Director. Mr. Robert T. Scott, of Jackson, who held the office of Clerk of the Circuit Court, was also ejected. In the discussion of these ques- tions, the legal talent of the two Houses was enlisted, and exhib- ited with marked credit to the profession. Among those who took part in the debate were Messrs. Clemens, Chilton, Phelan, Pettit, Cochran, Erwin of Mobile, Langdon, Smith of Lauder- dale, Hutchinson, Moore of Cherokee, Bolling, Baker, and others in the House; and Messrs. Calhoun, Lea, Alston, Riddle, McCon- nell, Watrous, and Hudson, in the Senate. A more special notice of several gentlemen who acted a prominent part in the Legisla- ture of 1839, will appear in the succeeding chapter.
In passing, it is necessary to notice briefly two political Conven- tions held at the Capitol in the Winter of 1839. That of the Democratic party was presided over by Jesse Beene, Esq., of Dallas, whose speech on taking his seat was so violent and ferocious as to be objectionable to many of his Democratic friends. Wil- liam Garrett was appointed Secretary. Among the delegates who acted a conspicuous part in the Convention were Judge Smith,
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Dr. David Moore, and William Acklin, of Madison; Harvey W. Ellis, and John D. Phelan, of Tuskaloosa; Col. Richard B. Wal- thall, of Perry, and William L. Yancey, and B. C. Yancey, of Coosa. The main object of the Convention was to indicate the choice of thé Democracy of Alabama for President and Vice- President of the United States, and to organize for the success of the ticket which might be nominated by a National Convention. There was much unanimity as to Mr. VanBuren for the first office, but there was some division as to the Vice-Presidency. The name of Col. Thomas H. Benton was brought forward in the most respectful terms for the latter office; but, after mature consulta- tion, it was decided to recommend Col. William R. King, and to present him as the choice of the Democratic party of Alabama for Vice-President of the United States. The resolutions adopted were in favor of Mr. Van Buren and Col. King. An Electoral Ticket was formed with Col. Benjamin Fitzpatrick at the head, and delegates appointed to the National Convention.
The Whig Convention was organized by the election of Dr. Samuel C. Oliver, of Montgomery, as President, and Hiram Hemphill, Esq., as Secretary. Among the leading delegates were the Hon. A. F. Hopkins, H. I. Thornton, ex-Gov. John Gayle, James Abercrombie, C. C. Langdon, and Robert Thorington. As a political body, the Convention was distinguished for the ability and experience of its members. They passed resolutions declar- atory of the principles of the Whig party, and appointed dele- gates to the Whig National Convention, which assembled at Harrisburg in the Spring of 1840.
While referring to political contests, it may be as well to ob- serve at this point as any other, that in June, 1840, the Whigs of Alabama held a State Mass Convention at Tuskaloosa, of which the Hon. John S. Hunter was President, and Hiram Hemphill and John C. Bates were Secretaries. It was a large assemblage, with all the emblazonry of coon skins, log cabins, and hard cider, which excited considerable enthusiasm. The Hon. Thomas F. Foster, of Georgia, Judge Hopkins, Judge Thornton, Mr. Hilliard, Judge Porter, John Morrisette, and other Whigs, made speeches on the occasion. A committee was appointed to prepare resolutions ratify- ing the nomination of Gen. Harrison and Mr. Tyler for President
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and Vice-President, and providing a ticket of Electors for the State. A pamphlet of some forty pages, prepared by the com- mittee of which the Hon. A. F. Hopkins was a working member, was published, including the proceedings of the Convention, a history of the public services and opinions of Gen. Harrison, and an address to the people of Alabama, urging the election of the Whig candidates for President and Vice-President, as likely to afford relief to the country by a change of Administration.
In a few weeks thereafter, the Democrats held a State Conven- tion in the Capitol, of which the Hon. William R. King was President. The usual committees were appointed, and a number of able speeches were made on the occasion. Among the gentle- men who addressed the Convention were Gov. Bagby; Isaac W. Hayne, William L. Yancey, and others, all resulting in the utmost harmony. The declaration of principles went before the people, and after a spirited canvass, in which many of the Elec- tors took the stump with a zeal and earnestness unprecedented in Alabama, the vote in November was largely in favor of Mr. Van Buren. The Democratic Electors, therefore, cast the vote of the State in favor of Martin Van Buren for President, and Rich- ard M. Johnson for Vice-President.
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Reminiscences of Public Men in Alabama.
CHAPTER VII.
Retiring Members-Eligibility, etc.
Hon. WILLIAM SMITH was a Representative in Congress from his native State, South Carolina, in 1796, and voted with Gen. Andrew Jackson on the resolutions approving the administration of President Washington. He is mentioned in the annals of that day as an active, efficient member of Congress, probing questions to the bottom, and much in the habit of consulting the public records for precedents, and for evidence to support or defeat any measure, as his judgment might determine. His talents and en- ergy of character were manifested at an early stage of his public life. In his profession as a lawyer, he stood in the front rank for ability and success. He was elected a Judge of the Superior Court, which, in those days, was a high judicial honor, never be- stowed, except upon those worthy of the ermine.
In 1816, Judge Smith was appointed Senator in Congress to fill a vacancy, and in 1817, he was elected by the Legislature to the same station, to serve the unexpired term, and also for a new term of six years, to March 4, 1823, as successor of Gov. John Taylor. In 1826, he was again elected Senator, for a period of five years, in room of the Hon. John Gailliard, deceased, who had been Pres- ident of the Senate. During all this service, he was one of the leading men of Congress, and a leader of public opinion in his own State. In proof of the high estimation in which he was held, the Presidential Electors of the State of Georgia, in 1828, cast the vote of the State for him as Vice-President.
Judge Smith and Mr. Calhoun did not concur in their political sentiments, especially when the latter gentleman began to unfold his State remedy by nullification, for the unconstitutional acts of Congress. To place himself beyond the reach of the troubles likely to arise from the practical enforcement of this doctrine, Judge Smith removed, with his large property, to Alabama, in 1833, 8
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and settled at Huntsville. In 1835, he was elected a Represent- ative in the Legislature, from Madison county, and reelected in 1836, 1837, 1838, and in 1839. His course in that body has been traced with more or less minuteness in preceding pages. He was a Democrat of the most rigid school-bold in policy, clear in the presentation of his views, and a hard worker in support of all the measures he espoused, whether of National or State origin. As a speaker, he was animated and forcible; and although nearly four score years of age, he had the fire and sensibility of a youthful aspirant, when addressing the House. He allowed no one to allude to him as the "venerable gentleman from Madison," "my venera- ble friend from Madison," or to apply any other epithet or term to signify advanced age. He would instantly rebuke any such freedom in friend or opponent. He gave, as a reason, privately, that the common opinion was that after sixty or seventy a man's intellect had in a measure failed, and, of course, less respect was entertained for his judgment. So far from his long experience leading to that result, he was all the time adding to his stores of observation and knowledge, which he could turn to useful account.
The character of Judge Smith was of the highest type for intel- lectual force and firmness. As a proof, President Jackson, in 1836, offered him the place of Associate Justice of the Supreme Court of the United States, which he declined to accept; perhaps the only instance on record where such an honor had been refused after being tendered. But he was no seeker of place to build up a reputation, or to gratify pride. He was far above any such necessity. His fame as a jurist and statesman had been recognized, and his influence was felt and admitted. As to wealth, it was counted by millions. He owned large plantations in Alabama, in Mississippi, and in Louisiana, on which cotton and sugar were the abundant crops he consigned to his factors. His only heir was a grand-daughter, who married Meredith Calhoun, Esq. Judge Smith died at Huntsville, in 1840, aged about 80 years. His like may ne'er be seen again.
JOHN D. PHELAN, when quite a young man, represented Madison county, 1833, at which time he was editor of the Huntsville Dem- ocrat. In 1836, he was elected Attorney-General, and removed
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to Tuskaloosa and resigned the office in 1839, which year he was elected a Representative in the Legislature, from Tuskaloosa county, and was unanimously chosen Speaker of the House. As a presiding officer, he sustained himself well; to the satisfaction · of all parties. In tendering his acknowledgements for the flatter- ing vote of thanks accorded him at the close of the session, his address deeply touched the sympathies of the House, and many tears flowed when he pronounced the final adjournment.
In 1841, Gov. Bagby appointed Mr. Phelan Circuit Judge, which office was renewed by election until 1851, when he was transferred to the Bench of the Supreme Court, then consisting of five Judges. On the reorganization of that tribunal, in 1853, reducing the number of Judges to three, he was beaten by Samuel F. Rice, Esq .; and the death of Thomas S. Mays, Esq., Clerk, occurring about the same time, Judge Phelan was immediately appointed Clerk of the Supreme Court, to fill the vacancy. He held this office until 1863, when he was again placed on the Bench of the Supreme Court, where he remained until 1865. He was then displaced, on the reorganization of the Court under the Pro- visional Government, and was again appointed Clerk, the duties of which office he continued to exercise until 1868, when, by the reconstruction measures of Congress, he became disqualified.
Judge Phelan is now connected with the University of the South at Suwanne, Tenn., under the patronage of the Episcopal Church. He is the Law Professor in that rising institution, well qualified by talents, culture, and elevated sentiments, to discharge the duties of his station, than which no labor can be more respected or useful. His sagacity and boldness, more than twenty years ago, pointed out and advocated the construction of a railroad as a State measure, from North to South-Alabama, on the very line since adopted. For this unpopular movement, at the time, Judge Phelan lost the nomination, by his party, for Governor, in 1857, and with it his last opportunity to fill the highest office in the State, for which his distinguished abilities, great political and literary attain- ments, the integrity of his character and his virtues as a man, so well qualified him. Of late years he has suffered much affliction ; but in all his trials he is the same Christian gentleman, with a patience and urbanity that exert a good influence on society
1
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wherever he is known. Perhaps there is no gentleman now living in Alabama who has been longer or more favorably identified with the interests of the State.
A few words may properly be added on the domestic relations of Judge Phelan. His wife, Mrs. Mary Ann Phelan, was a daugh- ter of Gen. Thomas K. Harris, sometime member of Congress from the Sparta District, Tennessee, and grand-daughter, on the mother's side, of Rev. John Moore, one of Bishop Asbury's earliest ordained Methodist preachers in Virginia, who died at the ven- erable age of ninety-two years in Limestone county, Alabama. I make mention of this lady because I knew her well, and in all that constitutes true womanhood, she was one of the foremost women of Alabama. She was extensively known in the State, and beloved wherever she was known, for her genial and unselfish spirit; and for her gentle, yet thoroughly energetic Christian char- acter.
WILLIAM P. CHILTON is a native of Kentucky, brother of the Hon. Thomas Chilton, who was a Representative in Congress from that State, in 1827, and whose celebrated Retrenchment Resolu- tions, and eloquence in their support, drew from Mr. Randolph a complimentary notice. Mr. W. P. Chilton settled in Talladega for the practice of the law, in 1834, and in 1839 was elected as a Whig, with William McPherson his Democratic colleague. He at once took high rank as a debater and ready business man, and was considered the most rising young character in the House. In the Presidential canvass of 1840 and 1844, he was active in the support of Gen. Harrison and Mr. Clay, often addressing large assemblages of the people at mass meetings, and in Tippacanoe and Ashland Clubs. In this field, he was a power within himself; eloquent, logical, and abounding in anecdote and humor. In 1843, he opposed Gen. Felix G. McConnell for Congress, whose personal popularity, added to the large Democratic majority in the district, prevailed in the contest. In 1848, Mr. Chilton was elected a Judge of the Supreme Court; and in 1849, on the resignation of Judge Collier, he succeeded to the rank of Chief Justice, which he re- tained for several years. In 1859, he was elected a Senator from Macon county, and took a leading part in the measures of that
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period. His acknowledged abilities and ripe experience, made him a principal figure in any deliberative body of which he was a member.
In 1861, Judge Chilton was a member of the Provisional Con- gress; then a Representative in the Confederate Congress, and was reëlected in 1863. He served on the most important com- mittees with his usual diligence, and exerted himself as best he could, to serve the cause with which he was identified as a South- ern patriot and statesman. He was connected, officially, with the Confederate Government from its inception, at Montgomery, in 1861, to the surrender of its armies in 1865.
It is only just to say, that Judge Chilton, throughout a long career in his profession and politics, has always been distinguished for honor and kindness. Many young men have been aided and brought forward by him, to public usefulness, whose merit might otherwise have been overlooked. His person is of the noblest mold, always commanding attention by his presence. He now re- sides at Montgomery. Time has dealt gently with him, and his sixty years seem as though forty still lingered in his face and in his movements.
The above, as written, was published in a Montgomery paper in November, 1870. In January, 1871, Judge Chilton was se- verely iujured by a fall, from which his strength never rallied. The following official communication announced the sad result:
STATE OF ALABAMA, EXECUTIVE DEPARTMENT, MONTGOMERY, January 21, 1871. }
Gentlemen of the Senate and House of Representatives :
It is with feelings of sorrow and regret that I inform you of the death of the Hon. W. P. Chilton, of the city of Montgomery. This event occurred last night about the hour of eleven.
Judge Chilton was one of our best beloved citizens, eminent as a jurist, and the people of Alabama had often honored him with their public esteem and confi- dence. As a member of the Legislature, as a member of Congress, and as Chief Justice of our Supreme Court, he discharged his duties with devotion and zeal.
In the Halls of Legislation, he was a statesman, and he adorned the Bench by his integrity and learning. The loss of such a man is a public calamity, and it is fit that the departments of the Government of a State he loved so well, should pay a tribute to his memory.
ROBERT B. LINDSAY, Governor of Alabama.
Unusual honors were paid to his memory by the Legislature, the Bar, and by the fraternity of Masons, of which he was Grand Master and High Priest. In his connection with this respectable
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order, he had long exerted a large and beneficent influence, always bringing to his labors as a finished workman, intelligence and zeal.
In his youth, Judge Chilton was happily married to Miss Mary Morgan, the accomplished daughter of Mr. George Morgan, a re- spectable merchant, and citizen, then, of Athens, Tennessee; who, by her knowledge of domestic duties, acquired under the training of a mother of superior worth, aided him no little in laying that broad, solid foundation upon which he reared such a noble struc- ture of mind and character. His brother-in-law, General John T. Morgan, who has already attained to eminence at the bar, was brought forward under his legal teachings. His son, Thomas Chilton, a young gentleman of noble promise to society and to the legal profession, married Miss Lavinia Bradford, a daughter of Mr. Joseph H. Bradford, of Coosa county, a lady of very rare ac- complishments of mind and culture, who was left a widow several years ago, by his premature death, and is now devoting her talents to the education of Southern young ladies. His son, William P. Chilton, a lawyer of Montgomery, has the endowments and train- ing to follow in the footsteps of his distinguished father, and it may be hoped that he will fully justify, in the future annals of the State, his name and heritage.
JAMES M. BOLLING, of Conecuh, came forward, in 1838, as a Representative in the Legislature, an active member, and a young lawyer of fine promise. He became a general favorite in the House, especially in 1839, as his good qualities were more fully developed and better known. He afterwards married a daughter of the Hon. Reuben Saffold, Judge of the Supreme Court, and settled at Hayneville, Lowndes county, where he acquired dis- tinction at the Bar. He died several years ago.
JAMES W. WADE, of Butler, served only at the session of 1839. He was a planter, of middle age, of great respectability in talents, and social worth. Soon thereafter, he removed to Mississippi, where he was elected to the Legislature, since which time I have lost sight of him.
ROBERT A. HIGH, of Limestone, was a native of North Carolina. At the sessions of 1838 and. 1839, he served as a Representative
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in the Legislature of Alabama. He had acquired a large prop- erty, and was a zealous advocate of common schools. At the time he served in the Capitol, he was a dashing widower, seeking his fourth wife. His head was a little bald, which fact he took great pains to conceal. He was restless in his movements, and generally had a supply of apples and goober-peas in his hands, while he passed most of his time in the lobby, and was seldom present when his name was called. He had a special dislike to C. C. Langdon, Esq., a member from Mobile, and always made it a point to vote contrary to him on every question, without regard to its merits. It frequently happened that Mr. High came in after the vote of the House had been taken, but before it was announced by the Chair, and claimed the privilege to vote. In such case he would inquire how Mr. Langdon voted, and on being informed, he would direct his vote to be recorded on the opposite side of the question. This practice involved him in trouble with his constituents. Although Mr. Langdon was a Whig-for which cause alone he was hated by Mr. High-no man in the House gave sounder votes on questions of State policy, or general welfare. When his votes on some of these were brought against him in the canvass, Mr. High found it impossible to extricate himself from censure, in the face of the Journal, and he was thus beaten for reelection. At all events, he filled a large space in society at Tus- kaloosa, and succeeded in marrying before his term of service ex- pired-an ample compensation, it is hoped, for his subsequent de- feat as a legislator.
NATHANIEL COOK, of Lowndes, served only during the session of 1839. He was a sound lawyer, modest and able. He at once took a high position as a debater, and commanded general respect. His character had just then began to unfold itself, and was but little known to the public. At the first session of the Legislature at Montgomery, in 1847, he was elected Judge of the Circuit Court over Judge Pickens, the incumbent. He remained on the Circuit Bench many years, giving satisfaction. He thought deeply and soundly, and I have often concluded in my own mind that his real worth was never fully understood or appreciated by the public. After the war, he removed to Texas, and is now engaged in the practice of his profession in the city of Galveston.
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LORMAN CRAWFORD, of Monroe, was a Representative at the sessions of 1838 and 1839, and afterwards Trustee of the Uni- versity. He was liberally educated, possessed a lofty tone of mind, and was devoted to the cause of popular education. He was neat and commanding in his personal appearance, and very refined in his habits and tastes. He died before his faculties had attained their full development, and his bright career was sud- denly brought to a close. His brother, David Crawford, Esq., the distinguished young lawyer of Mobile, died in 1834, in the morning of life, just as fame began to dawn upon his character. How melancholy the fate of two such brothers, and yet how beautiful their memory!
MARMADUKE WILLIAMS was a Representative in Congress from North Carolina, from 1803 to 1809, during the administra- tion of President Jefferson, of which he was a warm supporter. He moved to Alabama while it was a Territory, and settled at Tuskaloosa. At the first election for Governor, in 1819, he was a candidate in opposition to William W. Bibb, formerly a Senator in Congress from Georgia, who was elected by a majority of 1,202.
The following is the official vote, as it appears in the House Journal, p. 37:
Counties. Bibb.
Williams.
1. Autauga 440 6
2. Baldwin 126
11
3. Blount. 111 722
4. Cahawba* 350. 73
5. Clarke 543 274
6. Conecuh
460
139
7. Cotacot
195
454
8. Dallas
647
115
9. Franklin
161
387
10. Lauderdale
144
355
11. Lawrence.
493 297
191
13. Madison.
1225
1244
14. Marengo
184
405
15. Marion
83
225
16. Mobile
172.
83
17. Monroe
650
534
18. Montgomery
440.
350
19. Shelby.
278 96
20. St. Clair
350
178
21. Tuskaloosa
123 824
22. Washington
257 322
Total
8,342 7,140
*Now Bibb. ¿Now Morgan.
12. Limestone
906
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Mr. Williams had a brother who was appointed by the Presi- dent Governor of the Mississippi Territory.
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