USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 21
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87
The testimony alluded to was included in a large bound record volume, with the Journal of the Committee, and many pa- pers, letters, and memoranda, which, by order of the Governor, were placed in the care of the Secretary of State, under the seal of secresy, where it has remained to this day, so far as the writer is advised. The House spent many days in secret session, in which the writer happened to be present, and heard the testimony read, and much other information given on the floor. But if any of the testimony was ever repeated outside of the Hall he never
218
Reminiscences of Public Men in Alabama:
heard it; and, as an evidence that members observed strictly their obligations of secresy, he may add, that he never failed in those days to ascertain, by indirection or otherwise, more or less of the daily transactions of the two Houses. This book of testimony, when the writer left the State Department, in 1852, remained under the same seals of secresy. The excitement passed away in a few years; but its prevalence, in 1841, was general, and operated to prepare the public mind for decisive action relative to the State Bank and Branches, as will hereafter appear.
In the discussions and incidental remarks in the House touching the alleged bank frauds, Mr. Young, of Greene, drew pictures, founded on facts which had come to his knowledge from witnesses, that almost bewildered the imagination, at the extent and enormity of the schemes to plunder the banks by false papers, and the cer- tificates of members of the Legislature as to the solvency of the parties, induced either by a promised share of the proceeds, or through ignorance, or too great a desire to conciliate favor which might be useful at the ballot-box, or, what was no doubt too gen- erally the case, by an obliging and careless confidence in the rep- resentations of men who asked for certificates, either for themselves or for their friends, promising their word and honor that all was right in regard to the quality of the paper submitted. There seemed to be an amount of iniquity concealed sufficient, in design, to deplete the banks of all their available funds, and to entail upon the people the necessity of making up the loss to bond-holders and public creditors by taxation. These were fearful apprehen- sions, well calculated to remove the danger, in future, by winding up the entire banking system, which the State had adopted to raise the necessary revenue for the support of Government, and for the purposes of education.
Mr. Young said, in effect, that the investigations made by the Committee had just afforded a glimpse of the grand conspiracy, and the deep-laid intrigues which had been formed to swindle the banks and to rob the people; but the chain of facts had to be welded link by link to arrive at the real parties who had con- cocted, and who, with their subordinates in guilt, were to profit by the operation, probably to the extent of several hundred thousand dollars. This labor had been attempted by the Committee; but as it advanced new prospects were opened, "Alps on Alps" con- tinued to rise, until the boundary of vision was closed by the hori- zon, and the Committee could go no farther in the work assigned them. The last day of the session was drawing nigh, and they had only to bring the result before the House, to be resumed at a future time, when circumstances might be more auspicious to the discovery and punishment of the guilty parties, should the Legis- lature deem further investigation necessary.
219
Reminiscences of Public Men in Alabama.
The subject of the banks engaged the attention of the Legisla- ture in every conceivable form; but with no definite beneficial results. The difficulties in their management were constantly in- creasing in magnitude, owing to imprudent discounts in the shape of relief, under acts of the Legislature, and by the too prodigal accommodations of the directors, probably from good motives at the time. These imposed a duty to provide, by taxation, for the future wants of the Government, from which burden members were disposed to shrink, in view of the possible consequences of loss of popular favor at home. Col. James, Chairman of the Com- mittee of Ways and Means, reported a revenue bill to defray the expenses of the State, and used every effort, without success, to procure its passage. In this spirit of indecision the Legislature drifted to adjournment. The members who thus hesitated, at least many of them, were behind the people on this question, as ap- peared at the next election.
An important bill passed into a law at this session, which has been engrafted upon the statute-book, to prevent the sacrifice of real estate by sale, under judgment and execution, by allowing the right of redemption in two years, on refunding the amount advanced by the purchaser, with interest. The writer, a Tennes- seean, having witnessed in that State the beneficial operations of the law in preventing the sacrifice of land, drafted the original bill, which was introduced and advocated by Walker K. Baylor, Esq. Since the passage of the law, it has been amended some, but the essential feature remains, and is likely to remain, a part of our system.
The law of 1840, establishing the General Ticket form of elec- tion for Representatives in Congress, was repealed at this session, in conformity with the voice of the people. The subject of Fed- eral politics engaged but little attention in the Legislature during the session. The Whig party was divided in Congress, and their proposed measures frustrated by the vetoes of President Tyler, defeating the establishment of a National Bank, or a Fiscal Agent of the Government, for the collection and disbursement of the public revenue. A reactionary tide was evidently setting against that party, growing out of its own broils and dissensions, since its accession to power, on the 4th of March, 1841, and perhaps from other causes not necessary to be stated here. The Democrats saw this reaction, and were satisfied to "let well enough alone," in this respect. There was then no Committee on Federal Relations, as now, and has been for many years, in the Alabama Legislature, and not such inducements for members to bring forward high- sounding resolutions for political effect. The session was shorter, by a week, than the last-both Houses adjourning sine die on the first of January, 1842.
220
Reminiscences of Public Men in Alabama.
Many gentlemen who participated in the deliberations of the General Assembly deserve mention here, not only on account of the positions they filled then, but those they subsequently attained.
In the Senate there was ARTHUR FOSTER, of Cherokee, who came from Georgia a few years previously, where he compiled and published a digest of the laws from 1820 to 1830, as a continua- tion of Prince's Digest. After the expiration of his term in the Senate, he was elected President of the State Bank, which was then in liquidation-but required a President to meet some legal obligations connected with the bank. In 1847, he was elected Judge of the County Court, of Tuskaloosa county, which office he held for a few years, and soon afterwards he died.
The abilities of Judge Foster were above mediocrity. He was a faithful public servant. In 1840, he was a candidate before the Legislature for Judge of the County Court of Cherokee, and was beaten in caucus by Mathew J. Turnley, Esq. Dissatisfied with the ruling of "King Caucus," he appealed to the Legislature, where he was defeated by the nominee. He returned home, and, at the next election, declared himself a candidate for the Senate, in opposition to Solomon C. Smith, Esq., the Senator from the dis- trict, who voted for Judge Turnley, and for the General Ticket Bill, which course was unpopular in the mountain counties. Avail- ing himself of the disfavor with which the General Ticket System was regarded, Mr. Foster, for the double purpose of avenging himself on Mr. Smith for voting for Judge Turnley, and for se- curing to himself the honor of a seat in the Senate, engaged warmly in the canvass on that hobby, advocating the District Sys- tem, in preference to the General Ticket, which latter had always prevailed in Georgia, where he grew to old age, with the inter- mission of two years, when the District System was adopted by the Clark party, who had a majority in the Legislature, in 1825. At the next session, in 1826, it was repealed by the Troup majority of that year. At the polls, in August, 1841, Mr. Foster distanced his competitor, Mr. Smith, and took his seat in the ensuing session for a term of three years.
A proof of the tenacity of purpose with which Mr. Foster pur- sued his objects, was given at the session of 1842, on the 4th of December. There was a vacancy in the office of Judge of the County Court of Mobile, caused by the death of the Hon. John F. Everett, a former Mayor of the city. It was considered one of the best paying offices of the State, and, for that and other reasons, it was eagerly sought. George F. Lindsay, Esq., held the office by Executive appointment, and was a candidate for continuance in it. Two other gentlemen, non-residents of Mobile, viz: Samuel F. Rice, Esq., of Talladega, and Solomon Heydenfeldt, Esq., of
221
Reminiscences of Public Men in Alabama.
Russell, were likewise candidates. In addition to these, there was a fourth candidate in the Hon. John A. Cuthbert, who had recently removed from Georgia to Mobile. This gentleman had been a Representative in Congress from Georgia in 1819-'21, and between 1830 and 1835 was editor of the "Federal Union," a newspaper published at Milledgeville-was several years Secre- tary of the Senate, and also Secretary to the Executive Depart- ment, under the administration of Gov. Lumpkin. He possessed fair legal abilities, and was finished and courtly in his address, and better adapted to figure in the Senate of the United States than to mingle with a promiscuous crowd of men, or to engage in con- tests for subordinate offices. It was understood that his large for- tune had melted away, from a too generous hospitality in former years.
These facts are mentioned to show on what foundation Mr. Foster rested his hopes of success, when he announced Mr. Cuth- bert as a candidate before the Convention of the two Houses. Besides the other gentlemen named, Mr. Ogden, of Mobile, had also been announced as a candidate. The roll was called, and on the first ballot Mr. Cuthbert received 13 votes, Mr. Heydenfeldt 19, Mr. Lindsay 34, Mr. Ogden 26, and Mr. Rice 37. According to the usual practice, after the first ballot, the friends of the hind- most candidate were appealed to by the others to withdraw him, and to unite on some one of the others to increase the chances of success. But Mr. Foster, knowing the meritorious qualities of his friend, determined to keep his name on the list to the final issue, believing that he held the balance of power, and would ultimately prevail. For ten ballots Mr. Cuthbert received about the same 13 votes. Occasionally he would fall two or three votes below it, but none above that number-Mr. Foster alone of the Senate voting for him each time. At the end of every ballot, he was signalled to the lobby, and representations were made to dis- courage any further attempt in behalf of his candidate, whose ruin was certain, it was alleged, by keeping his flag at the masthead. All this pleading had no effect. The ballots proceeded. After the tenth ballot, members began to feel of Mr. Cuthbert, anxious to terminate the contest and adjourn for dinner. His vote in- creased, and on the thirteenth, he was elected. During the whole time, Mr. Cuthbert sat in the gallery, quietly looking on the scene below, and perhaps never exchanged a word with any individual. His fate was in the hands of his old cherished per- sonal and political friend of the Clark party in Georgia, and both since of the Democracy in Alabama. It was indeed a triumph rarely secured under such an unpromising commencement.
Judge Cuthbert, by the efficient discharge of his official duties, fully justified the confidence reposed, and the hopes entertained
222
Reminiscences of Public Men in Alabama.
by his friends. Mr. Rice, one of his competitors, has since pre- sided on the bench of the Supreme Court of Alabama, and Mr. Heydenfeldt has received similar promotion in the State of Cali- fornia. All these circumstances contribute to the picture in 1842, of the scene while the ballots were progressing, and invest it with no small degree of romance. They certainly teach a lesson of perseverence, whether it results in immediate success, or brings other and brighter rewards at a future day. Such is the kaleido- scope of life! It was reserved for Mr. Foster himself to become the President of a bank, and also a Judge of the County Court, and to leave behind him an honorable record to testify his virtues as a man.
ANGUS MCALLISTER represented the District composed of Covington and Dale counties, for many years in the Senate. He was a quiet, modest gentleman, of a youthful appearance, and seldom ever participated in debate; but from his sound judgment he was a safe man in counsel, which gave him position in the dominant party, of which he was a member. When he retired from the Senate, he left a good impression among his many friends as to his legislative and social qualities. He now resides in the county of Limestone.
MACE T. B. BRINDLEY entered the House from Blount county in 1839. At the session of 1841, he took his seat in the Senate, in which he continued to serve his constituents faithfully to the close of 1855, when he retired from public life. He had been many years Clerk of the County Court of Blount, was at one time a Bank Director at Decatur, and had studied the banking system of Alabama attentively. He was well informed, with a small degree of vanity in his composition, and rather philo- sophic in his turn of mind. In the debates, he frequently took part, and was generally heard with attention by his fellow- members because of the uprightness of his character, and the sin- cerity of his manner. His disposition was kind, and his deport- ment inoffensive, which exempted him from enemies. He had passed through pecuniary vicisitudes without a blemish on his reputation, and was at all times cheerful, even in adversity, which showed the true character of the man. Mr. Brindley died Au- gust 30, 1871, at quite an advanced age, leaving a good character as an inheritance to his family.
MILTON MCCLANAHAN, a native of Tennessee, became a citi- zen of Alabama at an early period. He represented Morgan county in the House from 1836 to 1841, and then served five years in the Senate, closing his term at the session of 1845. In
223
Reminiscences of Public Men in Alabama.
a few years thereafter, he removed to Texas, where he was defeated for the Legislature, and died several years ago. He belonged to the plain, solid and practical class of men in the Leg- islature in his day, and was diligent and faithful to all trusts con- fided to him. He had a degree of self-confidence which enabled him to partake freely in discussion, always with good sense, and directly to the point, yet in a style not remarkable for beauty, of which" fact he seemed to be wholly unconscious. He persuaded himself that he was capable of throwing light upon almost any question, and indeed, to some extent, he was correct; for his ideas were generally good, always under the control of strong common sense. That he was no orator, and that his address on the floor was by no means courtly, did not in the least militate against his claims to that fair degree of personal respect which his irre- proachable character, and his honest face, never failed to inspire. The cultivation of his mind had been neglected in his youth, and being ambitious to enter political life, and to lead among his peo- ple, he had to contend with many difficulties.
WALKER KEITH BAYLOR, of Jefferson, was born and educated in Kentucky. He was a brother of the Hon. R. E. B. Baylor, who represented the Tuskaloosa District in Congress, 1829-31, and afterward moved to Texas. They were related to the Bled- soes, of Kentucky, a family distinguished for learning and ability ; and to Dr. Bledsoe, the very able editor of the Southern Review, heretofore published in Baltimore, which periodical has since been adopted by the General Conference of the Methodist Epis- copal Church, South, and taken under its patronage.
Mr. W. K. Baylor settled in Alabama about 1830, and engaged in the practice of the law at Elyton. I first knew him in public life when he took his seat in the Senate at the commencement of the session of 1841. He served through the session of 1842, and in 1843, Gov. Fitzpatrick appointed him Judge of the Third Judi- cial Circuit, to which office he was elected at the ensuing session of the Legislature. He continued on the Bench until the Sum- mer or Fall of 1845, when he visited his brother in Texas, and where, in examining the workmanship of a newly-invented pistol, the weapon was accidentally discharged, and killed him.
The intellect and learning of Judge Baylor justly ranked him with the leading minds of his day. His reading and acquirements were various, and his force of analysis was very great. His polit- ical information was extensive and accurate, which made him a prominent man of the Democratic party. He also paid much at- tention to philosophy and astronomy, and spent many evenings and nights at the University Observatory, examining, with Prof. Barnard, the planetary system, aided by the newly improved
224
Reminiscences of Public Men in Alabama.
instruments ordered from London, and constructed upon a plan prescribed by the learned Professor. Judge Baylor was the friend and patron of education, of which committee he was chairman in the Senate. His social nature and his bachelor habits led him into convivial temptations, which have proved the ruin of many bright intellects in the State. He was somewhat eccentric, and was a strong believer in the doctrines of phrenology and physiog- nomy; and his convictions were often acted upon by measuring, with a tape line, the face and head of candidates for office, to de- terminate their fitness.
In person, Judge Baylor was tall, and angular in his features. On first seeing him, a stranger would be apt to inquire who he was, from his remarkable appearance. To a practised observer of men, and to one well acquainted with the influences on character, there would be no difficulty in deciding that the high gifts of na- ture in the external man, had suffered in their full development by an excess of wine, or other stimulant not essential to physical or mental beauty. He was a rare compound of worth and in- firmity, and while his melancholy fate excited general sympathy and regret, his character for integrity will ever survive in the memory of those who knew him best.
WALTER R. Ross, of Wilcox, dated his citizenship in Alabama at an early period. I think he was once Sheriff of Montgomery county. My acquaintance with him began in 1837, when he was a member of the House from Wilcox. He served almost contin- uously in one or the other branch of the Legislature until the end of the session of 1842. By industry and good management he had acquired a large fortune. Being a widower, he, in the mean- time, married Mrs. Bozeman of the neighborhood of Havana, Greene county, to which he removed, where he established a high reputation as a planter, and added to his extensive property. He died many years ago.
Mr. Ross was a Whig in politics, honest and decided in his opinions, and always respectful to those from whom he differed in sentiment. He belonged to the class of quiet and useful men who adorn any station which they fill by their social virtues, and uprightness of character.
DANIEL B. TURNER, of Madison, was a native of the Old Do- minion, and came to Alabama when a young man. He was elected Sheriff of the county, and afterwards held the responsible office of Post-master, at Huntsville, for many years. In 1839, he came into the Senate, where he served a term of three years, of which body he was an active and intelligent member. A Democrat, from the wealthy county of Madison, he felt himself justified in yielding
225
Reminiscences of Public Men in Alabama.
to his inclination for prominency in the political counsels of the State, and in gratifying the harmless opinion he entertained that he was the equal of other men who aspired to higher positions in public life. This idea rendered Mr. Turner a frequent debater, but never a very tedious one. On committees he was quite indus- trious, and his reports were always sensible, and to the point.
After retiring from the Legislature, Mr. Turner engaged largely in trade and money transactions with the varied fortunes usually attending such pursuits. In the latter years of his life, he was much afflicted, and in 1866 he died. He had been a long time in membership with the Methodist Episcopal Church, and enjoyed a good position in social life.
CHAPTER XIV.
Session of 1841, and Sketch of Members, Continued.
Having paid his respects, in due form, to a number of gentle- men of the Senate, the writer now proceeds to make some observa- tions relative to the House of Representatives, the larger body. The business narrative will be, for a while, suspended, to give place to an examination of character. Occasionally there may be fragments of the record introduced in the brief history of mem- bers, as they appeared in the House, or in giving the impressions which they created. Brevity and condensation will be the aim of the writer, in his personal sketches.
JOHN STEELE, of Autauga, was born in Tennesse, and settled in Alabama soon after the formation of the State Government. He was originally a trader in stock, and while engaged in this business, he, no doubt, formed those traits of character, as a dealer in property, which distinguished his subsequent life, and enabled him to acquire a very large estate. He was a Democrat, national in his feelings and views, which led him to espouse the side of Mr. Douglas, in the Presidential contest of 1860. He served in the Legislature several years, in all which time he exhibited a clear, discriminating, practical mind, which made him a safe and useful public servant. Mr. Steele filled a large space in the busi- ness relations of life, and was distinguished for his liberality and 15
226
Reminiscences of Public Men in Alabama.
charity. He was a prominent member of the Methodist Protestant Church, at the time of his death, which occurred about the close of the war between the States.
JOHN L. HUNTER came to the House from Barbour county, one session only, which was that of 1841; but he had been for several years a member of the Board of Trustees of the University, which drew him annually to the seat of government, where he mingled largely in political and social circles. He was a Democrat, and after his term of service in the Legislature, he was elected a Major-General of militia. He removed to Texas several years ago, and has since died.
The mind of Gen. Hunter was well cultivated, and his address was marked by great suavity. He was a fair specimen of the olden school, and was raised in South Carolina, from Huguenot ancestry. In addition to his general intelligence, he was a scien- tific patron of agriculture, and was usually assigned the front rank in all conventions and societies of this class, of which he was a member. The polish and grace of manner, with all the etiquette of good breeding, never forsook him, even when he found it neces- sary to insult a man, an instance of which was related by Mr. John Cochran, when George L. Barry, Esq., had been employed against Gen. Hunter in a cause then pending in court, and took occasion to use language which the latter gentleman considered un- called for in the line of his profession, and far transcending the propriety of a legal argument on the facts in evidence. Resenting the attack on his character, Gen. Hunter blandly approached and thus addressed him: "Judge Barry, it is painful to me as a gentle- man to feel obliged to say to you what I feel compelled, in justice to myself, to say-really, sir, it is repugnant to my feelings to speak of you as the circumstances demand-but I feel bound in honor to say to you that you are very much of a rascal." Those who knew General Hunter will at once appreciate the anecdote as perfectly consistent with his style and delicacy. He had a pleas- ant voice, and a handsome flow of language, which, added to his good judgment, made him a welcome figure in debate, whenever he chose to occupy the floor of the House.
HUGH N. CRAWFORD, of Barbour, was a member of the House, for the first time, at the session of 1841. He was from Georgia, and related, perhaps remotely, to the distinguished family of that name. He was very neat in his person, witty and humorous in debate, and often put the House in a roar of merriment. But these moods were so frequently indulged that they soon lost their piquancy. In other respects he sustained himself in quite a cred- itable manner. He had a friendly nod and word for all his friends
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.