Reminiscences of public men in Alabama : for thirty years, with an appendix, Part 22

Author: Garrett, William, 1809-
Publication date: 1872
Publisher: Atlanta, Ga. : Plantation Pub. Co.'s Press
Number of Pages: 826


USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 22


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every time they met, and he was esteemed as an agreeable com- panion, rather of the comic order, but always welcome. His society was much sought by the mirth-loving class, and sometimes by the grave seniors who desired a relaxation from heavy thoughts as necessary to refresh their burdened spirits. After serving a number of years at the old Capitol, he was a member two sessions after the removal of the seat of government to Montgomery, to which city he changed his residence from Eufaula, to practice the profession of the law. He died about the year 1855.


JOHN COCHRAN is a native of East-Tennessee, and settled in Jacksonville for the practice of the law, in 1835. In 1837, he was elected a trustee of the University. In 1838, he was a candi- date for the House of Representatives, and was beaten, although, for a young man, he bore the contest gallantly, and received a flattering vote. In 1839, he was elected, and again in 1841 and 1842. Having married a daughter of Gen. William Wellborn, of Eufaula, Mr. Cochran removed to Barbour county. In 1845, he was a candidate for Congress, and canvassed the district, in op- position to the Hon. Henry W. Hilliard, and was defeated. In 1848, he was on the Cass Electoral Ticket. In 1851, he opposed Captain James Abercrombie for Congress, and was again beaten in the race. In 1853 and 1855, he was a member of the House, and, at both sessions, was Chairman of the Judiciary Committee, which is considered the post of honor. In the Secession Convention of 1861, Mr. Cochran took an active part as a delegate. In 1861, he received the Executive appointment as Judge of the Circuit Court, to which office he was afterward elected by the people.


To make such a record requires talents of no ordinary character, and Judge Cochran possessed them. His powers upon the stump were massive, and his eloquence commanding and forcible. Withal he is witty and pleasant in social life, and has many friends in different parts of the State who love to speak of him, and his many engaging qualities.


Besides his political and judicial honors, it is, perhaps necessary to mention that Judge Cochran was a delegate from Alabama to the Southern Commercial Convention, held at Savannah, in De- cember, 1856, over which the Hon. James Lyons, of Virginia, presided. Among his colleagues in the Convention, were the Hon. B. S. Bibb and Johnson J. Hooper, Esq., of Montgomery, and John G. Barr, Esq., of Tuskaloosa. These gentlemen were placed on important committees, and aided in carving out the busi- ness and guiding the deliberations of the Convention.


Judge Cochran has also a literary reputation, established as far back as 1841, when he was quite a young man. The "Philo- mathic Society" of the University of Alabama, invited him to


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deliver the usual address at Commencement, and, on the 11th De- cember, he complied, by delivering what the committee was pleased to style a "manly, interesting, and highly instructive address," which was solicited by John G. Barr, Felix G. Christmas, and Claudius H. Perkins, in behalf of the society, for publication. The orator took, as the burden of his discourse, "The Evidences of Decline in the American Government." Only one passage is here quoted as referring to an event thirty years in the past, which was a new era in Presidential campaigns, and since then there has been a constant loss of national dignity on all such occasions. Mr. Cochran thus referred to it:


The canvass of 1840, for President of the United States, differed from most others only in the importance it possessed, and the memorable struggle for the ascendency which then occurred. No one can deny the magnitude of the ques -. tion which was then to be decided; and it is equally clear that the people should have decided that great matter after the most candid investigation, and in the ex- ercise of the most dispassionate judgment. How was the public mind prepared for that event ? I shall now attempt to answer that question in all candor. The first thing done was to fan political opinions into passions, and drown the voice of reason in the din of party strife. By way of reproach, one party declared that the other was supporting a candidate whose highest ambition would be fully sat- isfied with a log cabin for a dwelling house, and hard cider for a beverage. And the other party, instead of treating so foolish a remark with silent contempt, seized upon it as a matter of persecution on the part of its opponents, and as an evidence of the aristocratic' principles of those by whom it was urged as an objec- tion; and the contest was not so much one for principle, as it seemed to be which party should render itself most ridiculous.


To do Judge Cochran justice, it should be claimed for him, that his natural gifts are of a high order, and that by diligent cultiva- tion, and a correct taste, he has mastered a style of public speak- ing which few can surpass. His moods, however, are not always the same. At times, it would seem that his efforts were almost failures; and then, at other times, he was overwhelming in argu- ment, and soared in the loftiest regions of eloquence. Distin- guished as he is, he has never reached the proper destiny nature has pointed out.


WILLIAM H. MUSGROVE, of Blount, was an elderly gentleman who for many years served alternately in the Senate and House. He was from Tennessee, and removed to Alabama about the time of its admission into the Union, in 1819. He was a faithful, working, quiet member, who consumed but little of the public time in debate, yet he was constant in his attendance upon the House and Committees. He had a placid face and agreeable fea- tures, which indicated a good heart. If still living, he must be much advanced in years.


MATTHEW PHILLIPS, of Chambers, was from Georgia, in the Legislature of which State he had been a Representative from


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Jasper county, about the year 1828. He was a lawyer by profes- sion, of moderate abilities, making up by his attention to business for what he lacked in other respects. This was probably the se- cret of any success he had in life. He was quite genial in his disposition, and very neat in his person and dress, and moved in a very respectable circle. Messrs. John T. Hefflin, of Talladega, and William H. Barnes, of Lee, both since distinguished for legal ability, studied law under his direction.


LORENZO JAMES, of Clarke, was a South Carolinian, and a lineal descendant of Captain James, of Revolutionary fame. He graduated at Yale College, in 1824, and, marrying a daughter of Gen. Thomas Scott, he settled as a planter in Lowndes, which he represented in the Senate in 1836, being the first Senator from that county. Afterward, he removed to Clarke, where he was surrounded by a large, intelligent, and influential family connec- tion. In 1841, he was elected to the House, where he took rank as a leading member. Placed at the head of the Committee of Ways and Means, he succeeded in reporting a revenue bill to relieve the Banks of the further charge of supporting the State Government, by substituting taxation. But the House, not com- ing up to his standard of duty in this trying emergency, the bill failed, much to the mortification of Col. James, and many other gentlemen who, convinced of the necessity, were anxious to brace and guard the public faith by returning to the system of direct taxation, which had been suspended several years. In 1849, he was again a member from Clarke, and afterward served a num- ber of sessions in the Senate, in which he displayed tact and talent of no ordinary degree.


Col. James was a good debater, without attempting very often to engage the attention of the House, preferring his practical business habits of investigation, and acting upon it as the best means of promoting the public welfare. His conversational pow- ers are very good, and he abounds with the spice of wit, anecdote and general humor. Few gentlemen living have mingled more extensively in the higher circles of society in the State. Time has dealt gently and kindly with him, and with a well-balanced mind and temperament, it is hoped that he may enjoy still many years of life and happiness. He is a member of the Methodist Episcopal Church. One of his sisters married Frederick S. Blount, Esq., of Mobile, a gentleman of fine personal worth, and a half-brother of the Hon. John H. Bryan, a Representative in Congress from North Carolina in 1825-7, and a distinguished member of the bar of that State.


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WILLIAM O. WINSTON, of DeKalb, was born in Fauquier county, Virginia, in the year 1804, and came with his father to Hawkins county, East-Tennessee, in 1812. He was admitted to the bar in 1826, practiced his profession successfully, and was elected Clerk of the County Court in 1822, in which office he served two years, and resigned to remove to Alabama, where he settled in DeKalb county, 1830.


From time to time, commencing in 1840, he served in both branches of the Legislature for fifteen years, and as Solicitor in the Huntsville District for seven years. He resigned the latter office to take the Presidency of the Will's Valley Railroad Com- pany, which position he held up to the time of the war, and since the war until 1867. He originated the internal improvement bill giving State aid to railroads, drew and reported it, and used his influence for its passage. He was an Elector on the Buchanan ticket in 1856, and was a member of the State Conventions of 1861 and 1865.


He was opposed to Secession, and voted against the ordinance, just before doing which he addressed the Convention, pledging himself to stand by the State in the troubles which might follow. He was in favor of referring the ordinance to the people for their action before finally adopting it, and of calling a convention of the slave States, to prepare as an ultimatum certain concessions to be made by the Northern people, which, if not granted, would be sufficient cause for a separation. In view of the passage of the ordinance, Col. Winston closed his speech as follows:


This done, Alabama stands forth an independent sovereignty -in anticipation of which event, he had written to his son, then a cadet at the Military Academy at West-Point, to resign his position there and return home, that he might unite his destiny with that of his native State; that, for nearly two years in that excel- lent school, the knowledge he had acquired of military tactics might be of some service in the approaching stormy times. He assured gentlemen that what- ever glory might attach to this work of precipitation would belong to the leaders of that movement-to all of which they were most clearly entitled.


Col. Winston was a quiet, modest, retiring gentleman, entirely free from ostentation or undue pretension, and yet he was an active, working member in all the deliberative bodies in which I ever saw him. Well informed on most subjects of legislation, he naturally drifted into those channels which best promote the good of the people, with whom his heart ever beat in sympathetic uni- son. Though he frequently engaged in debate, he was economi- cal of the public time, and never remained long on the floor, to the discomfort of his fellow-members by inflicting on them te- dious and vapid harangues. What he had to say sprang from his honest convictions, and, in supporting or opposing a measure, he at once came to the point, and then his duty was discharged.


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In person, he was muscular and stout. His voice was strong and pleasant, which greatly aided his effectiveness. Col. Winston died in the carly part of 1871.


FELIX G. NORMAN, of Franklin, was born and educated in Tennessee. He represented Franklin for the first time at the session of 1841, and by continuous elections, he served in the House until the close of the session of 1847-8, since which time he has been in private life, engaged in the practice of the law. While in the Legislature, Col. Norman was a very efficient mem- ber, both in debate and in Committees. He was a Democrat. from honest conviction, and never departed from that faith, but always kept himself in the path of duty according to the best of his judgment. Acting on this principle, he opposed at every step the resolutions of the General Assembly accepting Alabama's portion of the proceeds of the public lands. In the same manner, he opposed what he considered the improper identity in the same resolution, on the Constitutional amendment providing for bi- ennial sessions of the Legislature, and for the removal of the Seat of Government at the session of 1845. In all this, he only yielded to a sense of duty, to prevent injustice, or an unsafe pre- cedent. However laudable his purpose, his course on the ques- tion of removal resulted to his injury, through influences subse- quently brought to bear against him, in a political sense.


For many years, Col. Norman was Grand High Priest and Grand Master of the Masonic fraternity of Alabama, who pre- sented him, on his retirement, appropriate medals, commemo- rating his services to the craft.


From his bearing in the Legislature, the courtesy he always exhibited in debate, the intelligence with which he handled ques- tions, and the easy and graceful elocution which seemed natural to him, Col. Norman was unquestionably cast in a large intellectual mould, capable of expansion beyond the limits within which it was his fortune to be confined as a political aspirant. Although rigid in the tenets of his party, and at times somewhat acrimo- nious under provocation, he was not blind to the merits of a measure because it may have originated with his opponents. He was bold and fearless, often displaying the gallantry of ancient knighthood in the legislative arena, shivering a lance with friend or foe without personal malice. His face was luminous with good feeling, and his whole deportment was that of a gentleman sensi- ble of the rights of others, and careful of his own, in all that relates to the substantial etiquette of life. Had his lot permitted a more congenial opening for the development of his character after the inward model, there is no doubt that Col. Norman would have filled a large space before the public, and achieved a


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reputation as proudly National as that which he now enjoys is, in a local view, distinguished for ability and honor. Perhaps the greatest obstacle to his advancement to higher places has been a certain measure of self-respect and honorable sensibility, which made intrigue and management, the usual medium of success, repugnant to his nature. He has abundant reason, however, to be satisfied with the result, in his own high and unimpeachable character. He is still in the meridian of life, and resides in Tuscumbia.


JOHN S. KENNEDY, of Lauderdale, is a native of Alabama, and was educated at LaGrange College. He studied law, and, when young, was elected a Representative in the Legislature, in 1841, and served again in 1842, after which he engaged more earnestly in the practice of the law. In 1847, he was a Repre- sentative, and was elected Solicitor of the Florence Circuit, and was reƫlected in 1851 and in 1855.


From early life, Mr. Kennedy evinced good judgment in form- ing, and energy and perseverance in the prosecution of, his plans. Withal he possessed the faculty too much wanting in young men, of husbanding and using their means profitably. Following this dictate of prudence, he has been led on to independence and use- fulness as a manufacturer. Before the war he had engaged largely in this pursuit in North-Alabama. During that period, when the Federal troops invaded that portion of the State, he became a refugee, and made his abode at Tuskaloosa, where, in connection with other gentlemen, he controlled the cotton factory in that place. Since then, he has built a factory a few miles from Tuska- loosa, which is appropriately called Kennedale-an establishment likely to exert no little influence in advancing the interest of the surrounding country. In his history and success he is a striking example of what may be reached by persevering industry and fru- gality. Much to his credit, he is liberal and public-spirited in the application of his means.


Perhaps this is a proper occasion for the indulgence of a few thoughts, intended chiefly for young men. In the fortunes of Mr. Kennedy it is seen what may be accomplished by good manage- ment, from early youth. When he came to the Legislature, in 1841, he, no doubt, marked out for himself a bright career in the public service. It required considerable nerve to change the Constitution, so as to legalize biennial sessions of the Legislature, and to reduce the quota of Senators and Representatives as pre- viously fixed by law. Yet he offered resolutions for this purpose, which passed the House, but were defeated in the Senate. His proposition, however, in regard to biennial sessions afterward


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became engrafted on the Constitution, where it remained until that instrument became a prey to the misfortunes which fell upon the South in 1865, as the results of the war. His experience in Legis- lative halls, and in the judicial tribunals, no doubt satisfied his curiosity, without perhaps surfeiting his manly ambition; and he, therefore, directed his mind to other pursuits as likely to confer a better reward. Hence, he became a manufacturer of cotton goods, and was probably the first lawyer in Alabama who abandoned his profession, and all political preferment, to engage in this laudable work. Now, he has a financial influence felt and recognized by the public, constituting him, by way of preƫminence, a man of the solid class, while hundreds and thousands of young men still linger on the threshold of the learned professions, or in comparative idle- ness, who might profitably emulate the example of Mr. Kennedy, and at once secure their own fortunes and the prosperity of their native South. Let the voice be heard and respected.


NATHANIEL DAVIS, of Limestone, was first elected to the House in 1840, and was a member in 1841, '42, '43, and '44. In 1847, he was a Senator from the district composed of Limestone and Morgan counties. In 1848 and 1851, he was again returned to the House, and, at the latter session, was a candidate for Speaker, but was defeated. This closed his public course, and in a few years thereafter he died.


Mr. Davis was an uncultivated man, especially in his early public life, but made some progress by his association with mem- bers of the Legislature, and with official men at the Capital. He had a good opinion of himself, and felt competent to grapple with master minds in discussion, and this idea caused him to occupy the floor frequently as a debater. His remarks were generally scatter- ing, and he always made the impression on others that he started with an argument in his mind, but that it had slipped away from him before he could give it expression. Still he persisted in ad- dressing the House, and sometimes there was pungency and wit in his remarks, although it by no means formed the staple of his long- winded harangues. He was known among the members by the cognomen, Thanney for short, it is supposed, to designate a some- what privileged character, who took a hand in almost every ques- tion, and indulged, at times, a little too much familiarity with his brother members, who did not always appreciate the fact, however innocent the motive which prompted it. In the latter years of his public life, however, he improved in decorum, and established a pretty good reputation.


In December, 1852, when the Presidential Electors cast the vote of Alabama for Mr. Pierce, they appointed Mr. Davis, Mes- senger, to deliver the vote, in due form, to the authorities at


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Washington. The mission was executed; but in what manner and with what address he contrived to deport himself amid the ceremonies of reception at the White House, always tendered to the Messengers, I have not been informed. There is no doubt that his self-possession did not desert him at this trying juncture. It was the last of his public services.


As Mr. Davis was playful and jolly, it may reasonably be ex- pected that he would encourage a good thing of that class, even though it should a little trench upon the dignity of legislation. Accordingly he was the first to second in his place a certain resolu- tion, concerning which the following extract is made from a Tuska- loosa paper, published December 29, 1841 :


SATURDAY, DECEMBER 25.


The House met at 10 o'clock, pursuant to adjournment; but after the journal was read, no order could be preserved by the Speaker, and his attempts to en- force it were wholly abortive. Some members were more conspicuous than others for irregularities of conduct in the House.


Mr. Clemens moved the following resolution :


"Be it resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the two Houses assemble in the Hall of the House of Representatives, at 11 o'clock this day, for the purpose of singing the following


JOINT SONG.


Now Christmas comes, and merry Let every bosom be; Lay down thy mallet, TERRY, And let the Senate free. This is no time for spouting, Make no resolves to-day; Thy voice is great at shouting The merry roundelay.


The Senators are dozing- The thing is quite evident ; They all feel like reposing- Some are at least half bent. Let PHILPOT and the MAJOR Have holiday, I pray, And I will lay a wager, They are sober half the day !


Look not so grave in glasses, Most gracious Doctor MOORE; Adjourn the House of asses And let them bray no more. Bring down thine ivory hammer, And let its voice proclaim, One day's respite to grammar, One day to eggs and game !


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For where's the use of brawling To-day, about the Law? Some members are thrown sprawling, And some are in the straw. Fresh bowls they say are foaming, More eggs are coming in;


Another boat is coming, With oysters and gin !"


" The Speaker (Mr. Rice in the chair,) decided the motion was out of order, soon after which the House adjourned to Monday."


Mr. CLEMENS informed us (the editor) that the song was prepared by Mr. SMITH, one of the Representatives from Tuskaloosa.


It is unnecessary to describe the scene presented in the House, or the particular manifestations of sympathy by Mr. Davis. A Baltimore editor, after reading the song, and imagining the condi- tion of affairs about that time in the House, with the entertain- ment it must have afforded to spectators, declared that he would cheerfully make the trip to the Capital of Alabama to witness such another exhibition.


Another demonstration of Mr. Davis may here be referred to before concluding this notice. He had seen leading members of the House, while in debate, read public documents and other books in support of their views. It had to him the appearance of great learning and tact. Between March 1, and April 26, 1843, the editor of the "Monitor" had published " Heads of the Legisla- ture," of the preceding session, which had been afterward printed in a volume of 178 pages. The sketches were given in the order of the roll, for each member in the House and Senate. In one place it was stated that the editor did not report in the House during the session of 1840, but was then a reporter in the Senate. Sub- sequently he commented, in his paper, upon the action of the House at the session of 1840, though he did not claim to be an eye-witness. To this passage Mr. Davis had an objection, as im- pugning his party. He, therefore, went to a book-store and pur- chased a copy of the "Heads," to be read as authority in order to weaken the statement of the editor, in making it appear that he had written the article on the report of another. Laying the book in his desk he patiently waited for a suitable occasion to make the correction in some debate on the floor, touching the matter to which the article referred. No such opportunity came, and the learning evidenced by reading a book as authority, and his boasted triumph vanished away in gas, like most of his parliamentary efforts.


To show that Mr. Davis wielded a certain influence in the Legislature, and that his character was socially respected, he was selected by Col. William R. King to announce his name for the United States Senate, in the joint convention of the two Houses at the first session at Montgomery, in 1847. Connecting him in


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this form with a very distinguished public man, who died Vice- President of the United States, Mr. Davis is here consigned to the judgment of his countrymen, on the record indited by no unfriendly hand.




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