USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 12
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The character and qualities of Judge Williams (for by that title he is best known) were a little peculiar. When I first knew him, in 1837, he was considerably advanced in years, and had fre- quently been a member of the Legislature from Tuskaloosa county. He was a lawyer by profession, but in a measure had withdrawn from the practice, except, perhaps, that portion which might be done in his office as counsellor and conveyancer. He was rather diffident in his address, and slow of speech. By no means could he be called an animated or rapid talker. He was a Whig in politics, and was quite ready on all occasions to advise and to act for the success of his party. His reading was some- what extensive, and his writing was marked by good sense and fair scholarship. In the Legislature he was much respected by all parties for his inoffensive deportment, and business qualifica- tions. He served for the last time at the session of 1839, at the close of which he was declared ineligible to a seat, as, at the time of his election, he held the office of Judge of the County Court. He continued in this office for several years thereafter, until reach- ing the age of seventy, when, by the Constitution, he could hold it no longer.
Judge Williams was a good man, and was social and kind, enlist- ing many friends in his unpretending way, and retaining a strong hold on their affections. One of his daughters married Dr. James Guild, of Tuskaloosa, a skillful physician, and one of the best citizens of Alabama. Judge Williams died about the year 1850, leaving many descendants and friends to cherish his memory.
GEN. WILLIAM WELLBORN, of Barbour, was a Georgian, and completed his third session in the Senate of Alabama in 1839. He was a Major-General in command of the State troops in the Indian war of 1836, and acquired much reputation and popularity for his skill and courage in fighting the savages. He possessed strong traits of character, and a fine degree of intelligence in public affairs. In 1840, he removed to Texas, where he died many years ago.
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JOHN VINING was a planter, and for many years represented Madison county in both branches of the Legislature, at different periods. He possessed a lively flow of spirits, and was an enter- taining companion, wielding considerable influence. He was a little past middle age, tall in person, and dressed neatly, carrying himself well on all occasions. He was believed to be the strong- est man with the people in his county. He removed to Kentucky, where he died.
SAMUEL D. J. MOORE was a nephew of ex-Gov. Gabriel Moore, and a graduate of the Military Academy at West-Point, where he was highly educated. He first settled in the Cherokee region of Alabama for the practice of the law, and then removed to Tuskaloosa county. He entered public life under favorable circumstances, as a Representative from Cherokee in 1839. He participated freely in the debates of the session, with bright pros- pects of future usefulness. His service in the Legislature was brief, as he was soon elected Judge of the County Court, which office he resigned in 1847, to compete, unsuccessfully, with Gen. Dent for the Senate. With the scientific and literary culture which he received in early life, it was possible for him, by a dili- gent use of his advantages, to have occupied a space before the public of which he seems not to have availed himself. Judge Moore was an affable gentleman and was connected with a large family influence.
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ARNOLD SEALE was a member only this session (1839), elected from Chambers county as a Democrat. Although he possessed a good share of intelligence and practical knowledge in the business details of life, Mr. Seale did not seek for position on the floor, and seldom occupied the time of the House. His nature was active, however, and prompted him in the faithful discharge of his duties as a public servant, in the investigations and committee- work of that day. He was a Georgian, and exhibited through life the active, go-ahead character which has long distinguised the men of that State. He was a diligent trader among the Indians, and bought of their lands; but it was upon the principles which governed him in his dealings, of strict integrity and justice. He
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was clear-headed and decided in his business transactions, and a man of energy. He practiced the direction of the wise man- "Whatever thy hand findeth to do, do it with all thy might." Sanguine, cheerful, and hopeful, he went forward in the business of life to do his duty, and receive his part of the profits of well directed effort, and honest, fair dealing. His acquisitions were large in the course of a long life of health and vigor, and his benefactions to public and private uses were not stinted.
In the construction of railroads, of one of which he was Presi- dent before the war, Mr. Seale displayed his usual energy. When the war came on, at an advanced age, when gray hairs and a worn- out frame should have induced him to seek repose at home, he threw himself into the contest with the enthusiasm of youth, and went about the raising of a regiment for the service, in which he expended liberally. But in this he exemplified the truth of the Scripture which says, "The spirit truly is willing, but the flesh is weak," and he was obliged to desist from a work in which his heart was deeply enlisted. Here is Southern patriotism and valor of which Alabamians, especially the old men, may well feel proud, and should enshrine the memory of Mr. Seale in the hearts of his countrymen as long as patriotism is a virtue. It is fit and meet that the citizens of Russell county, where he spent much of his active life, have perpetuated his name in their court-house town, which was long known as "Seale Station," on the Girard and Mobile Railroad.
After a long life of activity and usefulness in public offices, in society, and in the Church of which he was a member (Metho- dist), and after witnessing the reverses which have come over his native land, in material and governmental interests, Col. Seale died a few years ago, leaving a character and example worthy of preservation and imitation.
Gen. JAMES G. CARROLL, though not a member of the Legis- lature, is entitled to a passing notice, especially as at this session (1839) he was reelected Adjutant and Inspector General of the State. At an early day he came from North Carolina, and settled in Madison county, which he represented one year in the Legis- lature. In 1831 he was first elected to the military office referred
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to, for a term of four years, and in 1835 and 1839 his commission was renewed by reelection. In 1843 he was defeated by Gen. James W. Lang, of Mobile. In 1847, the office was restored to Gen. Carroll over his immediate predecessor. At the election in 1851, Gen. Carroll was defeated by Gen. James Wickler, of Lowndes county, formerly of South Carolina, and died suddenly at Montgomery in 1854.
Gen. Carroll possessed traits of character which made him a man of mark, if not of great intellectual prominence, at least an agreeable companion and faithful officer. He never married. His nature was convivial, abounding in wit and humor. Hundreds of original and amusing anecdotes might be related of him, show- ing a keen sense of the ludicrous, and the wisdom of a close observer. Whenever he felt disposed to give the rein to his peculiar faculty, he created mirth and enjoyment in the circle by which he might be surrounded. His criticisms on character were extremely diverting. In a single sentence, with the most natural simplicity, he could express the whole of an individual, as the world considered him. Those who knew him will long remember his sharp and quaint observations in this line.
The heart of Gen. Carroll was all kindness and sympathy. He never refused to succor distress when he had the ability. And such was the contagious mood of his charities that he seldom failed to enlist others in behalf of any proper object when he desired. He was quite a business man, and during a portion of the time he resided in Tuskaloosa, he was a partner in a commis- sion house, and often acted as auctioneer, in which capacity he attracted crowds by his wit, and made his snuff-box perform a very signal part during the pauses between bids. The habit of taking snuff, and the graceful tender of his box, paved the way to many cordial friendships, and to general popularity. As a master of ceremonies on public occasions, such as the inauguration of a Governor, and as Grand Marshal of the day, he acted his part well. He could form processions with skillful address, securing order by a discicipline peculiarly his own, and pleasing all by his gentle commands. He was an original, of which no dupli- cate has been left to the world.
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WILLIAM HAWN came from Virginia to Alabama. In April, 1840, he resigned the office of State Treasurer, to which he had been elected in 1835, and was appointed Cashier of the State Bank, in which capacity he served until the institution was wound up under an act of the Legislature putting the State Bank and Branches in the hands of Trustees for final liquidation. He was polite and attentive in the several offices which he filled, and was generally esteemed. He had married a sister of the Hon. John D. Phelan, and her fine Christian character no doubt exerted a good influence on him while she lived. After her death he appeared desolate, and gradually yielded to irregular habits. Much of his time he suffered from acute rheumatism, and allow- ance should be made for the irritability of temper which increased upon him in his latter days.
Mr. Hawn was a gentleman who had many friends, who felt deeply interested in his welfare and happiness, and who sympa- thized in the, trials through which he was called to pass. What- ever darkness may have settled on his spirits, or on his fortunes, it should be remembered to his credit that in many respects his life had been exemplary, and that he was an honorable man, He has been dead a number of years.
JONES M. WITHERS was a graduate of the United States Mili- tary Academy at West-Point, and a native of Virginia. In addition to his own personal merits, he was supported by strong family influences. He was the brother of Mrs. Gov. Clay, and had married a daughter of Major Daniel M. Forney, an officer in the War of 1812, and formerly a Representative in Congress from North Carolina.
In 1838, Mr. Withers, then residing in Madison county, was elected Secretary of the Senate. In 1839, he was a candidate for Attorney-General, and was defeated by Matthew W. Lindsay, Esq., his competitor. Having removed to Tuskaloosa, Mr. With- ers was elected a Director of the State Bank. Afterwards he changed his residence to Mobile, where he established a commis- sion business, and was elected a Director, and appointed Attorney for, the Branch Bank. When political parties assumed a new aspect in 1855, by the organization of the American, or Know
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Nothing party, he was elected a Representative in the Legisla- ture on the American ticket. While serving at Montgomery, he was elected Mayor of Mobile, which office he accepted, but resigned it the next year, when the Democratic party, his first love, brought forward Mr. Buchanan for President. Such was the respect entertained for his character, without regard to party distinctions, that he was immediately reelected Mayor.
When the war between the North and South commenced, in 1861, Mr. Withers tendered his services to the Confederate Gov- ernment, and received a commission. In the course of the war, he was promoted to the rank of Major-General, and commanded a Division in Gen. Bragg's army, while the latter was operating in Tennessee and Kentucky. After the war closed, Gen. Withers was again elected Mayor of Mobile, in which office he continued until he was displaced by the Federal authorities commanding in Alabama, under the Reconstruction Acts of Congress. As evi- dence of the great favor with which Gen. Withers was regarded by the people of Mobile, the fact may be stated that he procured a residence beyond the corporate limits of the city, which made him ineligible to the office of Mayor, to remove which obstacle, an amendment of the charter was obtained, and he was thereupon again elected to the Mayoralty, the duties of which office he faithfully discharged throughout his several terms. In personal appearance, Gen. Withers is attractive, and he is now devoting his varied culture and experience to the public good as Editor of the "Mobile Tribune."
MATTHEW W. LINDSAY came from Tennessee, and was a Rep- resentative from Morgan county in 1835, 1836, and 1838. He married a daughter of Constantine Perkins, the late Attorney- General, deceased, whose gallant behavior at the battle of Emuckfaw, under the command of Gen. Jackson, in loading the cannon with his musket as a ramrod, and firing it upon the Indians just in time to drive them back, had secured historic celebrity. The acquaintance Mr. Lindsay had formed with mem- bers at preceding sessions which he served, enabled him to com- pete successfully for the office of Attorney-General, in 1839, after which he removed to Tuskaloosa.
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In 1840, Mr. Lindsay identified himself with the Whig party, and took an active part for Gen. Harrison, by addressing Tippa- canoe Clubs, and other public assemblages, throughout the cam- paign. He was a fluent speaker, and possessed fair abilities, which he displayed to considerable advantage by his perfect self- reliance in every forum in which he appeared. He was extremely bland and courteous in his deportment; but, from what cause I know not, he always seemed to me a little short of his proper destiny. He afterwards removed to Aberdeen, Mississippi, where he died.
CHAPTER VIII.
Parties in 1840-Excitement in the Legislature, etc.
The Presidential canvass of 1840 was remarkable as the fiercest contest ever waged in the State. When the Legislature met, on the 2d day of November, the elections had not been held in the different States; and while the Democrats had always possessed a majority in Alabama, the Whigs were buoyant with hope, and even enthusiastic to carry the State for General Harrison, and thereby compel the majority in the Legislature, under the doctrine of instruction from the people, to conform their action to the pop- ular will, and thus elect a Whig Senator to Congress for the term of six years from the 4th of March, 1841, in the event that Ala- bama voted for the Whig candidate for President. Of course, it - was desired, by those who advocated this policy, to postpone the election for Senator until the Presidential issue was decided. On this point a parliamentary struggle took place within the first week of the session, which was carried to great extremes on both sides, and was distinguished for the tact and ability with which the whole proceeding was conducted. As forming a portion of the history of the times, a somewhat particular notice is here given, of the exciting topics and measures of the session of 1840.
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The talent, in both branches, this year was decidedly above the average, and much of it was of a very high order. Without in- tending to discriminate in any offensive spirit, some of the promi- nent names in the Senate are here introduced:
William J. Alston, of Marengo; Jefferson Buford, of Barbour;
Gerard W. Creagh, of Washington;
J. L. F. Cottrell, of Lowndes; Dennis Dent, of Tuskaloosa; Dixon Hall, of Autauga; Benjamin Hudson, of Franklin;
John Edmund Jones, of Sumter;
Peyton King, of Pickens;
Felix G. McConnell, of Talladega;
Hugh McVay, of Lauderdale;
William S. Phillips, of Dallas; George Reese, of Chambers; Green P. Rice, of Morgan; Nathaniel Terry, of Limestone;
Harry I. Thornton, of Greene;
Theophilus L. Toulmin, of Mobile;
Daniel B. Turner, of Madison;
Thomas Wilson, of Jackson; Daniel E. Watrous, of Shelby.
For the organization of the Senate, Mr. Cottrell was elected President without opposition, he having received 29 votes, being all that were cast. Pleasant Hill, of Bibb, received 30 votes, and was elected Secretary, without opposition. Six ballotings took place for Assistant Secretary-Madison Gordon, Spartan Allen, George G. Lyon, and Andrew B. Stephens, being the candidates. On the last ballot Mr. Gordon received 17 votes, and was declared elected Assistant Secretary of the Senate.
In the House of Representatives, about ninety gentlemen an- swered when the roll was called, some of whose names are fur- nished as among the ablest debaters and most active business members of the House :
Robert A. Baker, of Franklin;
John Barron, of Perry;
Reminiscences of Public Men in Alabama. 129
Joseph Bates, of Mobile; A. Q. Bradley, of Perry ; Robert B. Campbell, of Lowndes; Jeremiah Clemens, of Madison ; Walter H. Crenshaw, of Butler; James M. Davenport, of Marengo; Jonathan Douglass, of Lauderdale; George Hill, of Talladega; Samuel S. Houston, of Washington ; John S. Hunter, of Lowndes; Joseph J. Hutchinson, of Montgomery;
William M. Inge, of Sumter;
Robert Jemison, Jr., of Tuskaloosa;
Charles C. Langdon, of Mobile; Blake Little, of Sumter; Solomon McAlpin, of Greene;
Milton McClanahan, of Morgan;
Charles McLemore, of Chambers; David Moore, of Madison; William B. Moors, of Marengo; William W. Morris, of Coosa; William M. Murphy, of Greene; William H. Norris, of Dallas; Daniel H. Norwood, of Dallas; Hardin Perkins, of Tuskaloosa; Thomas M. C. Prince, of Mobile; Benjamin Reynolds, of Franklin; Green P. Rice, of Morgan; Samuel F. Rice, of Talladega; Oran M. Roberts, of St. Clair; James E. Saunders, of Lawrence; Henry D. Smith, of Lauderdale; Jeptha Spruill, of Pickens; Charles E. B. Strode, of Morgan ; Samuel Walker, of Madison; Tandy W. Walker, of Lawrence; Thomas A. Walker, of Benton; Etheldred W. Williams, of Jackson;
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John Anthony Winston, of Sumter; William O. Winston, of DeKalb; Elisha Young, of Greene.
In the first election which took place, that for Speaker of the House, party lines were drawn with the utmost rigor, as may be seen from the several ballots:
For Speaker Samuel Walker, Democrat .. 49 votes. Elisha Young, Whig ...... 41 votes.
For Clerk. William Garrett, Democrat. 51 votes.
Hiram Hemphill, Whig .. .. 41 votes.
For Assistant Clerk. . Joseph Phelan, Democrat. . 51 votes. George B. Saunders, Whig. 41 votes.
A number of ballotings took place for the subordinate officers of the House, all resulting in the election of Wilson C. Bibb En- grossing Clerk; John Tatom, Door-keeper; and James H. Owen, Messenger.
The message of Gov. Bagby, which was of considerable length, was delivered the next day. A great portion of it referred to Federal policy, to financial matters at home, and to the criminal code prepared by the Judges of the Supreme Court, adapted to the Penitentiary form of punishment. The main topic, however, most earnestly dwelt upon, was the establishment of the General Ticket in the election of Representatives in Congress, in room of the District System then existing. In regard to internal improve- ment, the Governor recommended the construction of some work connecting the Tennessee with the navigable waters of Mobile Bay; and of the three only modes, viz : canal, railway, or McAd- amized road, he preferred the latter, for "cheapness in construc- tion and repairs, greater practicability, less liability to accidents, and greater adaptation to the convenience of the great body of the people."
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UNITED STATES SENATOR.
On the second day of the session, immediately after the Gov- ernor's message was read, Mr. Terry offered the following resolution in the Senate:
Resolved, By the Senate, and with the concurrence of the House of Represent- atives, the two Houses will assemble in the Hall of the House, on Thursday, the 5th instant, at twelve o'clock, noon, for the purpose of electing a Senator in the Congress of the United States, occasioned by the expiration of the constitutional term of the Hon. Wm. R. King, on the 4th of March next.
The vote on this resolution showed the political status of Sen- ators, and their names are here given for that purpose-those in the affirmative were Democrats, and those voting to the contrary were Whigs-19 to 9 on this first trial of strength. Five Senators were absent, allowing all of whom to be Whigs, the complement in a full Senate would be 19 Democrats to 14 Whigs, which is about the true classification. Those who voted for the resolution were-
Messrs. President, Clarke, Creagh, Dailey, Farrar, Hudson, Hall, Jones, Loyd, McAllister, McVay, Reese, Rice, Rodgers, Smith, Terry, Toulmin, Turner, and Wilson of Jackson-19.
Those who voted against the resolution, were --
Messrs. Alston, Andress, Buford, Dent, King, Lea, Oliver, Thornton, and Womack-9.
The resolution was adopted on the 3d of November, and on the following day was transmitted to the House. Here the par- liamentary fight commenced.
Mr. Young moved to lay the resolution of the Senate on the table, when, the hour of 12 o'clock having arrived, Mr. Strode moved to suspend the order of the day, so as to act on the resolu- tion of the Senate, which motion prevailed by a vote of 48 yeas to 44 nays.
The motion of Mr. Young being under consideration, Mr. Bates moved that the House adjourn until 10 o'clock the next morning- yeas 42, nays 51. After some discussion, Mr. Bates renewed his motion to adjourn, which was carried.
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On the 5th November, the hour of 12 o'clock having arrived, Mr. Rice moved to suspend the order of the day to enable him to offer a resolution. Here a series of motions rapidly followed :
1. By Mr. R. Fitzpatrick, that the House adjourn until 10 o'clock the next day, which was lost. Yeas 45, nays 50.
2. By Mr. Perkins, to adjourn until 9 o'clock.
3. By Mr. Bates, to adjourn until half-after 9 o'clock, which latter motion was lost. Yeas 44, nays 50.
4. By Mr. Perkins, to adjourn until half-past 9 o'clock.
5. By Mr. Hutchinson, to adjourn until 45 minutes after 9 o'clock. Yeas 45, nays 49. The question recurring on the motion of Mr. Perkins, it was decided in the negative. Yeas 44, nays 49. By leave of the House Mr. Rice withdrew his motion to suspend the order of the day.
It is necessary to say that Thursday, 5th, was the day fixed in the resolution of the Senate, for the election of Senator, at noon; and that the motions to adjourn and the calls for the yeas and nays were made by the Whigs to consume time, so as to defeat the elec- tion at the early day appointed. That object having been attained, the House proceeded to other business.
On the 6th, Mr. McClanahan offered a resolution to bring on the election of Senator on Saturday, 7th, at noon. On motion of Mr. Rice, the House resumed the consideration of the Senate's resolution for this object; whereupon, Mr. Young withdrew his motion to lay it on the table.
Mr. Moors moved to strike out all after the word "resolved," with a view to substitute the preamble and four resolutions which he offered referring to the fact that the election of President of United States would take place on Thursday, 9th instant, and that the voice of the people then expressed should govern in the elec- tion of Senator. The fourth resolution is in the following words:
Resolved, That as after the Presidential election shall have taken place, we will be much better prepared to represent the will and wishes of the people of Ala- bama, and believing in the correctness of the republican doctrine that it is the duty of the representative to obey the will of his constituents, an additional rea- son is therefore presented to us why we should, for the present, postpone the elec- tion for Senator,
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Mr. Morris moved to amend the substitute by striking out all after the first resolution, with a view to insert the following:
Be it further resolved, That the interest of the State requires that we now go into the election of a Senator to represent this State in the United States Senate, for the following reasons :
1. That it will in no wise violate the principle of the right of instruction ; should there be a change in public opinion, it will be competent for this body to instruct said Senator in accordance with the then will of the people.
2. Because the exciting question is now pending, having been transmitted to this House from the Senate, and the sooner disposed of and the local business of the State entered upon, the better for the people.
Resolved, That we fully recognize the old republican doctrine, the right of in- struction, and in disposing of this question now, we do not violate or infringe the right of the people to rule.
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