USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 20
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With constant respect and esteem, I am your friend,
WILLIAM GARRETT, EsQ., Tuskaloosa, Alabama.
A. P. BAGBY.
Reminiscences of Public Men in Alabama.
209.
CHAPTER XIII.
Political Events-Legislature of 1841-Character of Members.
After a stormy, laborious, and somewhat eventful session, the House adjourned sine die on the 9th of January, 1841. Since their assembling, on the first Monday in November, quite a polit- ical revolution had occurred, by the election of Gen. Harrison, of Ohio, and ex-Governor Tyler, of Virginia, to the two first offices within the gift of the people, over Mr. Van. Buren and Col. R. M. Johnson, and the attainment of power by the Whig party in the Executive and Legislative departments of the Federal Gov- ernment. After this storm in the political elements there was a calm; public anxiety, in the meantime, was very manifest, while awaiting the inauguration of the President elect, and the an- nouncement of his policy, on the 4th of March, 1841. Every op- portunity and pretext for holding or regaining power was em- ployed by the respective parties, or at least speculations to this effect were freely indulged.
Thus matters stood when Gen. Harrison was installed into the Presidential office. In his opinion, the state of the country re- quired an early session of Congress, and he soon issued his procla- mation convening that body on the 31st of May. This created the necessity for an extra session of the Alabama Legislature, to enact a law providing for the election of Representatives to Con- gress before the regular time of election in August following. Gov. Bagby accordingly issued his proclamation, convening the Legislature on the 19th of April, to take the necessary steps for securing to the State the services of a delegation at the extra ses- sion of Congress. The Legislature met, and passed a law author- izing an election for Representatives in two months thereafter, under the General Ticket system which had been adopted in 1840. The old political fires were soon rekindled into a flame. The Whigs knew that they were in a minority in the State, and felt that they had been unkindly treated by abolishing the district system, under which they had succeeded in electing two, and sometimes three members of Congress-while the Democratic ma- jority entertained the belief that the State could best exercise its sovereignty by an expressien of the will of the whole people. The canvass was animated, and the newspaper controversy was
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bitter in support of the respective parties. When the votes were all cast up, however, the following was the result:
Democrats.
Whigs.
William W. Payne.
23,989
George W. Crabb.
17,828
Reuben Chapman.
.23,376
Henry W. Hilliard.
17,449
Dixon H. Lewis.
23,329
John T. Rather.
17,384
Benjamin G. Shields.
23,092
John M. Lewis
11,172
George S. Houston
23,026
John M. Burke.
16,671
Counting the difference between the highest Democratic vote, and the highest Whig vote, as above given, the Democratic ma- jority was 6,161, out of the entire vote of 41,817 polled in the State. At least one-third of the people who voted for President in 1840, failed to vote at this special election for Congress, which is shown by the fact that out of 62,462, the total vote in 1840, Mr. Van Buren received 33,991, and Gen. Harrison received 28,471, giving a Democratic majority of 5,520.
Before noticing the action of the Legislature at the session of 1841, it is perhaps necessary to state, that a Convention of the Democratic party was held at the Capitol, in December, 1840, for the purpose of organizing under its defeat in the Presidential elec- tion in other States. In the course of business, a candidate for Governor was to be nominated. Several gentlemen of distin- guished ability had been mentioned in connection with the office. The Convention sat two days, 21st and 22d of December. Among the names proposed for nomination on the first evening, were those of Col. W. W. Payne, H. W. Ellis, Esq., Major Jesse Beene, Dr. David Moore, and Col. - Walker. A letter from John Erwin, Esq., was received, withdrawing his name from the consid- eration of his friends. On the next evening letters were received from Major Beene and Mr. Ellis, withdrawing their names like- wise. The counties represented in the Convention were then called for votes, when it was announced by the President that Col. Benjamin Fitzpatrick had received 84, Col. Payne 29, and Dr. Moore 11. The former gentleman was thereupon declared duly nominated as the. Democratic candidate for Governor at the next election.
As Mr. Ellis had been a conspicuous and efficient actor in polit- ical affairs, and as his death closed too soon for his country, for his family, and for his many friends, it is proper that his character should be briefly noticed.
HARVEY W. ELLIS was a native of Kentucky, where he re- ceived a good education. He came to Alabama at an early day, and settled in Tuskaloosa, where he engaged in the practice of the law. His mind was thoroughly cultivated and well balanced, and his character settled. He was a Democrat, and a leading man
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of his party in Middle and West-Alabama. Repeatedly elected to the Legislature, he took a leading part in its proceedings, and was prominent in the Conventions of his party. In 1838, and again in 1839 he was the Democratic candidate for Congress in opposition to Gen. George W. Crabb, and, in both contests, main- tained fully upon the stump his high reputation as a debater, and though defeated, he established an influence at once commanding, and fully recognized, which would have been crowned with higher honors by the public, in due time, had he lived a few years longer. For several years his health had declined. In the Summer of 1842, it was thought advisable for him to travel, and he visited his native Kentucky. Failing to realize the benefit to his health which his friends had hoped and expected, he started home in the Fall of that year, but died before he reached Tuskaloosa. His remains were brought on and interred where he had lived many years, and had honorably discharged the duties of a good citizen, a profound lawyer, and able advocate.
In person Mr. Ellis was spare, erect, and dignified in his ad- dress. Without much attention to the superfluities of social inter- course, he was solid, quiet, and thoughtful. In speaking, he was calm, argumentative, and self-possessed, and rarely indulged in anecdotes. He married Miss Catharine Kornegay, a niece of Col. William R. King, who, in 1844, accompanied her uncle, upon his appointment, by Mr. Tyler, as Minister to France, where she pre- sided in the drawing-room, at official receptions in Paris, with an ease and elegance which reflected credit upon herself, and upon the ladies of Alabama, in whose society she had moved.
Although prominence has been given, under another head, to his character and administration, a few additional particulars, in the course of the narrative, are here furnished in relation to Col. Fitz- patrick, on the threshold of his public life. He had been promi- nently before the people sometime before 1840. Upon the elec- tion of Gov. Clay to the Senate of the United States, at the extra session, June 30, 1837, provision had to be made by the party for a Democratic candidate to succeed him in the Executive, by elec- tion, on the first Monday in August, only one month ahead. There was not time for a Convention, and hence a caucus of the Demo- cratic members of the Legislature was resorted to, to make the nomination. In the caucus, the claims of Mr. Speaker Bagby and Col. Fitzpatrick were urged, when the former succeeded by a few votes only. This demonstration in his favor brought Col. Fitzpatrick favorably before the people, and at the Convention of 1839 he was placed at the head of the Democratic Electoral Ticket for the State at large. In the Presidential canvass he was active and efficient, addressing large mass meetings in different parts
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Reminiscences of Public Men in Alabama.
of the State, all of which conspired, with other elements of char- acter, to make his name formidable in the Convention of 1840. Indeed, the tide of popular favor was so manifest that no other name was seriously considered for the nomination. He arrived at Tuskaloosa, during the called session in April, 1841, on his way to North-Alabama, which he canvassed extensively and earnestly, with great effect. Col. James W. McClung, who had been Speaker of the House for many sessions-a Whig, but moderate in tone, and withal of such commanding abilities that he seldom failed of an election for a seat in the Legislature-was his opponent. The tide of Whig strength flowed in 1840; and while the leaders of that party went into the canvass of 1841 with every desire, not only to hold the ground they had gained the year before, but to advance to further conquests, the result of the August election was disastrous to that party. Col. Fitzpatrick was elected Gov- ernor, the vote returned to the Legislature being, for Fitzpatrick, 27,974; for McClung, 21,219 votes. Showing a Democratic ma- jority of 6,755, out of an aggregate vote of 49,193. Both branches of the Legislature were largely Democratic, but the Whigs had the gratification of witnessing the repeal of the General Ticket system at the ballot-box, on an issue of approval or disapproval. Considering the importance which had been attached to the meas- ure, in its political consequences, the result was no small victory to the Whigs.
As an event of much interest at the time, it may be mentioned here, that in March and April, 1841, an extensive scheme to prac- tice frauds upon the State Bank and Branches, by means of ficti- tious bills of exchange, to which the recommendations of mem- bers of the Legislature had been obtained under various acts and pretenses, was discovered, and for a time was the sensation. Indeed, the public mind was not only exercised, but amazed, at the appre- hended extent of this scheme, and the injury it came near inflict- ing upon the pockets of the people; for just to the extent that these "bank frauds," as they were called, succeeded, just so far was the public credit affected and the people liable to taxation. But like most schemes conceived upon a stupendous plan of dis- honest plundering, it was discovered in time to prevent much mis- chief. Many parties were arrested, and prosecutions instituted against them, and for sometime the occasional reference to bank frauds and robbers, was sounded in different portions of the State; but I am not aware that any legal punishments were inflicted. A number of men who stood high in society, and some who occupied place were prostrated by it. Some of these moved West, and others drooped at home from the contact. Then the occasion passed away, and was lost sight of in a few years in the midst of other events; and it is only alluded to here as an occurrence quasi
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Reminiscences of Public Men in Alabama.
political, inasmuch as the banks were public property, but without identifying either party or any individual with it.
The Legislature met on the first Monday in November, 1841. The attendance of members was good, and while many gentle- men held over, or were reelected, as members of the last Senate, and have been more particularly noticed in a preceding chapter, there was an addition of several new Senators, who increased the stock of character and talent already there. Among the number, several may be specially mentioned:
Arthur Foster, of Cherokee;
John S. Hunter, of Lowndes, who has already been noticed as a member of the House the preceding year;
Milton McClanahan, of Morgan ;
Walker Keith Baylor, of Jefferson ;
Walter R. Ross, of Wilcox, and
Daniel B. Turner, of Madison.
These, together with the members holding over and reelected, constituted the Senate, a very respectable body for character and ability.
Nathaniel Terry, of Limestone, was unanimously elected Pres- ident of the Senate. For Secretary, there were three candidates, and the votes stood: For B. A. Philpot, 15; Johnson J. Hooper, 4; David Woodruff, 9. Major George B. Clithnall was elected Assistant Secretary, and C. Donoho, Door-Keeper.
In the House many changes had occurred, and new members took the place of old ones, who had long occupied seats. Among the leading men in the work of legislation may be mentioned:
John Steele, of Autauga;
John L. Hunter and Hugh L. Crawford, of Barbour ;
Thomas A. Walker and John Cochran, of Benton;
Walter H. Crenshaw, of Butler;
Charles Mclemore and Matthew Phillips, of Chambers; Lorenzo James, of Clarke;
William L. Yancey, of Coosa;
William O. Winston, of DeKalb;
Felix G. Norman, of Franklin;
Elisha Young and Solomon McAlpin, of Greene;
Tandy W. Walker, of Lawrence;
David Moore, Jeremiah Clemens, and George T. Jones, of Madison ;
John B. Hogan, Blanton McAlpin, and Isaac H. Erwin, of Mobile ;
Charles E. B. Strode, of Morgan ;
Robert J. Ware and Joseph J. Hutchinson, of Montgomery; John Barron and A. Q. Bradley, of Perry;
Norman McLeod, of Pike;
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Reminiscences of Public Men in Alabama.
Wade H. Griffin and John S. Storrs, of Shelby;
Samuel F. Rice, of Talladega ;
Hardin Perkins, Robert Jemison, Jr., and William R. Smith, of Tuskaloosa.
Besides these gentlemen, there were many others who partici- pated more or less actively in the business of the session.
Dr. David Moore was unanimously elected Speaker of the House; Thomas B. Tunstall was elected Clerk; Algernon Cook, Assistant Clerk; William C. Bibb, Engrossing Clerk, and James H. Owen, Door-Keeper.
The relative position of members may be somewhat indicated by the appointment of chairmen of the most important working committees. In the Senate, Judge Thornton was, as usual, Chair- man of the Judiciary Committee.
Gen. Toulmin, Chairman of the State Bank and Branches;
Walker K. Baylor, of Jefferson, on Education;
Gov. McVay on Propositions and Grievances.
In the House of Representatives, Col. John B. Hogan, of Mobile, was Chairman of the State Bank and Branches;
Thomas A. Walker, of Benton, on the Judiciary ;
Isaac H. Erwin, of Mobile, on Internal Improvement ;
Elisha Young, of Greene, on Education;
Gen. Taylor, of Fayette, on Propositions and Grievances ;
Lorenzo James, of Clarke, on Ways and Means.
The Governor's annual message was delivered on Tuesday, by James D. Bagby, his private Secretary. It has been noticed in another chapter, containing a review of the administration of Gov. Bagby; but the closing paragraph is here inserted as a spe- cimen of his official style:
This is the last annual message I shall have the honor of submitting to the General Assembly. A few days will terminate my connection with the office of Chief Magistrate of the State of Alabama, to which I may, with perfect sincerity, say I have been twice elected, without solicitation on my part, by the people. In looking forward to the moment, now almost at hand, which is to dissolve my offi- cial connection with the General Assembly, I should do injustice to my own feel- ings if I were not to express the deep and abiding sense of obligation I am under to that body for the uniform courtesy and indulgent liberality and kindness I have experienced at their hands, in my humble but honest efforts to administer the Government of Alabama. And permit me, gentlemen, through you, to avail myself of this last public occasion, to render to the great body of my fellow- citizens, the deep and lasting sense of gratitude I feel, and shall never cease to cherish towards them, for the multiplied proofs they have given me of their kind- ness and confidence; and to assure them that I shall carry into the retirement that awaits me the same devotion to their interest and happiness by which I have endeavored to be governed in my public career; and that I shall never cease to supplicate Divine goodness, to continue to them the enjoyment of those rich and countless blessings which He has heretofore been pleased to bestow upon them.
On Monday, the 22d day of November, 1841, Gov. Fitzpatrick was installed into office, after having delivered his Inaugural
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Reminiscences of Public Men in Alabama.
Address to the two Houses, and in the presence of a vast con- course of citizens, who had visited the Seat of Government upon the occasion, which was made one of great eclat by the programme reported by the Committee of Arrangements. Indeed, the whole demonstration was complimentary to the Governor elect, and showed the high estimation in which he was held. His Inaugu- ral Address was short, pointed, and practical, giving earnest of an administration with which the writer became subsequently fa- miliar, in the integrity of its design, its practical simplicity, and earnest devotion to the public welfare. This administration formed an important era in the history of Alabama, and requires particular notice, that justice may be done to its distinguished head.
The ceremonies of inauguration, respecting Gov. Fitzpatrick, are laid down in the programme of the Committee, which were duly observed in the following manner:
Mr. Reese, from the Committee of Arrangements on the part of the Senate, in relation to the inauguration of the Governor elect, made the following report:
The Joint Committee of Arrangements have agreed on the following plan for the order of procession at the installation of Gov. Fitzpatrick:
First floor of the House to be appropriated for the accommodation of the ladies, members, and balance of the procession, which is to be in the following order :
Music, Tuskaloosa Guards, Masonic Societies in dress, Citizens generally, two and two, Judges of the Circuit and County Courts, Clerks and Sheriffs, Judges of the Supreme Court and Clerks, Faculty of the University, preceded by the Students, Clergy generally, Door-Keeper and Messenger of the House of Representatives, Clerk and Assistant Clerk of the House of Representatives, Speaker, Members of the House of Representatives, two and two, Door-Keeper and Messenger of the Senate, Secretary and Assistant Secretary of the Senate, President, Senators, two and two,
Secretary of State, Comptroller, and Treasurer, Dr. Manly, Chaplain, sustained by two of the Committee, Governor Bagby, sustained by two members of the Committee, Governor Elect, sustained by the Committee of Arrangements.
The two Houses, with the military, will assemble at the hour of eleven o'clock, and will proceed from the Capitol to the residence of the Governor elect, at Col. Donaldson's, where the procession will be formed under the direction of the Mar- shals, in conformity with the foregoing programme.
Citizens and strangers are invited to join the procession.
A National salute will be fired in front of the Capitol at sunrise, and at 12 M. Generals Dent and Carroll, Marshals of the day.
Which report was concurred in by the Senate.
On motion of Mr. Reese, the Senate then took an informal recess.
At the time agreed upon, Benjamin Fitzpatrick, the Governor elect, appeared in the hall of the House of Representatives, and in the presence of the two Houses.
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Reminissences of Public Men in Alabama.
Mr. Speaker administered to him the usual oaths of office, which oaths were to support the Constitution of the United States, the Constitution of the State of Alabama, and faithfully discharge his duty as Governor of said State.
The Senate then withdrew to their Chamber.
It will be seen that Dr. Manly, President of the University, acted as chaplain. In his prayer he embraced every point of pe- tition appropriate to the occasion, but one. There was no petition in behalf of the retiring Governor, nor the least allusion to him, which was, no doubt, an oversight on the part of the learned and kind-hearted chaplain. John Cochran, Esq., who was a member from Benton, and in his seat, happened that day to be in a thought- ful and devotional mood; and after the services had concluded, he remarked to some gentlemen that "he never before knew the for- lorn condition of a man retiring from office -- that he was beyond the prayers of the Church." The example of the Episcopal Church, in its established forms, of praying for the "President of the United States, and all others in authority," is much to be com- mended; and from a similar motive of piety and good-will, the Governor who had just retired from the cares of State, might have been properly included in the invocation for blessings. At least the sympathies of Mr. Cochran seemed to run in this channel, with very approved observation.
The condition of the banks and the currency, and especially the allegations of "bank frauds" which were discovered in the early Spring, engaged the attention of the Legislature to the ex- clusion of almost everything else. There was a conviction in the minds of members that extensive operations had been planned, and to some extent carried out by conspirators, with a view of possessing themselves of the contents of the banks by fraudulent combinations artfully managed. The whole subject was more or less veiled in mystery, which doubtless gave width to its dimen- sions. Men were afraid of it, and in some measure afraid of each other; for while one felt conscious that he himself was clear of . any imputation, or complicity in this matter, it was as far as he could go. There was but little mutual confidence upon the sub- ject between members.
There was some delay in moving an investigation. In the meantime rumors had thickened almost to a fog. On the 20th of November, Mr. Jemison, of Tuskaloosa, offered the following pre- amble and resolutions :
Whereas, charges have been officially made, in the report of the Commissioners appointed to examine the Branch of the Bank of the State of Alabama at Decatur, against members of the Legislature, of attempting improperly to tamper with the Directors of said Bank; and whereas, the names of the members alluded to have been officially reported to this House, and in the remarks by honorable members on this floor, they have made grave and serious charges of favoritism and corrup- tion against the Directors of said Bank- 1
Resolved, therefore, That the whole subject be referred to a select committee.
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Resolved, That said committee have power to send for persons and papers, or take testimony by deposition or otherwise, in all cases giving reasonable notice of testimony intended to be taken, and a fair opportunity of cross examination, which was adopted.
The committee thus raised was afterward made joint with a committee of the Senate, who proceeded on the work assigned them. A good deal of testimony was taken, only a small part of which, however, was made public. After engaging a large portion of the time of the two Houses, the whole matter may be compre- hended in the following extract from the House Journal of De- cember, 1841 :
Mr. Young, from the Joint Examining Committee, made the following report: The undersigned, members of the Joint Examining Committee on Bank Frauds, ask leave to place on the Journals of the House the reasons which will prevent them from discharging the duty assigned to them. During the early part of the session, resolutions were adopted raising a joint committee to examine into the frauds alleged to have been committed against the State Bank and Branches, as well as the misconduct of the officers of those institutions. Subsequently, a law was passed through both Houses, and approved by the Governor, conferring upon that committee powers adequate to the accomplishment of the ends for which they were appointed, and provided that those powers should continue in force until the 1st of May, 1842: Under the authority of this act the committee have been earnestly engaged in the investigation of the several matters assigned to them, and in the examinations already made, they have discovered the existence of a disgraceful league to plunder the Banks, and swindle the people of the State. Men high in office, members of the Legislature, and Bank Directors are supposed to be implicated, and it is believed that disgraceful partiality and management might be shown to have existed in some of the Banks. With all these facts before them, the Senate has seen proper to dissolve their portion of the committe. This renders it impossible for us to act efficiently, and we therefore tender our resigna- tion to the House of which we are members.
JEREMIAH CLEMENS, R. C. McALPIN, R. JEMISON, JR., T. W. WALKER.
Mr. Young also reported or submitted to the House the journal of the commit- tee appointed for the purpose of investigating bank frauds, to be at the disposal of the House of Representatives.
On motion of Mr. Clemens:
Resolved, That the Journal of the Joint Examining Committee on Bank Frauds, as well as the private memoranda of the members thereof, be forthwith handed to the Governor, with the request that he should retain the same until the meeting of the next Legislature.
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