Reminiscences of public men in Alabama : for thirty years, with an appendix, Part 28

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

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In conclusion, I appeal to the discreet and to the candid, if I have used toward these Judges an undeserving epithet, or have been unnecessarily harsh. As they have made an insinuation, in the conclusion of their opinion, about my honor and conscience-uncalled for, undignified, and cruel in the extreme-may I not say a word or two, in inquiry, to see how it is as to their consciences? Well, then, they are placed on the highest judicial bench in the State, and take a solemn oath to decide all causes according to law. To them, all appeals are had to settle the law of the country. They are supposed to be impartial-to mete out justice to the most lowly, equal to the greatest in the land, with an eye fixed steadily upon a proper exposition of the law, let the consequences to individuals, to corporations, or to the State, be what they may. We look for all this from our Supreme Court. Instead of it, what do we find in the decision of the State Bank against myself? I might recapitulate the absurdities into which they have fallen, but it is unneces- sary. I now leave for others to judge the motive which influenced them; it is beyond my ken.

It is said of Jeffries, the vilest and most corrupt of the English judges, that he was impartial when the King was not a party, or his prerogative was not in question. But did ever Jeffries make so unjust a decision ? Suppose my life, instead of my property, had depended on the decision, and this special plea placed in the hands of the people, would they have justified it, and witnessed patiently my execution ? Had my life depended on a decision, whether or not this was a dealing in cotton, "in any manner whatever," no sophistry could have exculpated these Judges from taking rank with Jeffries and Bonner. Had my life depended on a decision, whether the $79,000 was received on the bills of exchange, or upon the 1,022 bags of cotton, Jeffries and Bonner would be considered saints, compared with Collier and Ormond.

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It was evidently the desire and intention of Mr. Bates in thus coming before the community, to have a kind of public revenge, by impairing the official character and influence of the Judges sc- lected by him as a target. But in this he signally failed, as in the succeeding year they were both reelected to their high offices with- out even the shadow of opposition, or of complaint. That was an ample and sufficient vindication from the charges of improper con- duct, which Mr. Bates had published. Chief Justice Collier was afterward elected Governor of the State, almost by acclamation, and Judge Ormond continued in office until he resigned, about the 1st of January, 1848. He then resumed the practice of the law, at Tuskaloosa, where he died in 1865.

Now that his presence is no more seen among men, and he is alike insensible to flattery or censure in the grave, truth and jus- tice to an excellent citizen, and a pure and upright member of the highest tribunal known to the State, require that Judge Ormond should be ranked with the very foremost in all the essentials of a lofty and dignified nature. He was modest and somewhat retiring in his disposition, and never made any parade of his extensive learning, and refined literary taste. It required a close acquaint- ance with him, even for years, to find out his sterling qualities. The more one knew of him, the more esteem did he inspire. He was truly a Christian gentleman, in the highest sense of the term, and was, for many years, and up to his death, an exemplary mem- ber of the Methodist Episcopal Church, always ready with his purse and example to support the ministry, and to aid in all benev- olent enterprises. His memory, without a blemish, is dear to his friends, and to the people of Alabama, whom he faithfully served in the halls of legislation, and on the Bench of the Supreme Court, for a long period.

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Reminiscences of Public Men in Alabama.

CHAPTER XVII.

Measures of Reform at the Session of 1842-Personal Sketches.

The two Houses adjourned on the 15th day of February, 1843, after a laborious session of seventy-five days, leaving the execu- tion of the important measures adopted, in the hands of the Ex- ecutive, who, supported in his policy thus far, was encouraged to go forward in the work of reform. The people generally were pleased with the action of the Legislature; the more so as they felt assured the reforms would be carried out to the full measure of practical results, by Gov. Fitzpatrick, who had become fully recognized in popular favor as the sound economist, and head of this movement.

Alabama money had been at twenty per cent. discount, which operated oppressively upon all classes of the people, and especially on those who were seeking homes on the Government lands, as was particularly the case in the territory embraced in Cherokee, DeKalb, and Marshall counties, lately acquired from the Cherokee Indians. A joint resolution had been passed, proposing, on the part of the Legislature, to the Government at Washington, that the State would receive from the General Government, in payment of its portion of the proceeds of the public lands in Alabama, (known as the Two and Three Per Cent. Fund,) the bills of the Bank of the State and Branches, if the Government would receive from the people of the State said bills in payment for their home- steads. This was agreed to and carried out, and proved to be a measure of great relief to the people. To Col. Thomas B. Cooper, of Cherokee, belongs the credit of originating and carrying this proposition through the Legislature-his constituents being largely interested in it. In Congress, it received the special support of Hon. Reuben Chapman, then a member of that body, and repre- senting the territory more immediately interested; but all the del -. egation favored it.

Under the active, practical direction of Gov. Fitzpatrick, the work of winding up the Banks was prosecuted with proper regard to the laws. One of the requirements of the act was, that the bills and blauk impressions on hand were to be counted, registered, and destroyed, by burning, by the President and Directors of the State Bank, under the supervision of the Governor and Secretary of State. This was no small job, and engaged weeks of counting,

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registering, and burning, to do away with the vast piles of money (?) which, it was said, was being burned up every day at the Banking House. Last of all, the plates upon which the bills had been printed, were brought out of the vaults, carried to the smith's shop, heated and cut to pieces, signifying the determination of the Legis- lature to abandon the whole system.

The change in the State's policy was submitted to by the peo- ple, with more or less cheerfulness, though the year 1843 was what is usually termed a hard one. Cotton was low, property of all kinds was low, and money scarce. For the first time in many years, the State assessors called the people together to give in their taxable property. But there was one advantage to the pco- ple, under the practical operation of the measures of legislation. The bills of the Bank began to appreciate, and continued to do so until, at no distant day, they approximated a par value, and in all ordinary transactions were taken without discount.

It has been already intimated that this Legislature was remark- able for the character of its members, and for the importance of the work they performed, which constitutes an epoch in the finan- cial history of the State. Many gentlemen who took a leading part in the progress of the session, have been elsewhere noticed in this work. A list of all the members has been given, some of whom it remains still to notice specially, beginning with the Senate.

DR. SAMUEL C. DAILEY was elected to the Senate from Talla- poosa and Macon, in 1840, and served a full tern, after which his connection with public life in Alabama ceased. He removed to Texas several years ago, but returned, if I mistake not, his trial of that country not having been satisfactory. He was faithful and conscientious in his Senatorial course, participated freely in the proceedings and debates, but was generally unsuccessful in his measures. This, however, should not be set down against him, as every person knows, who has been connected with such bodies, that the measures adopted at a session bear no proportion to the number rejected. Dr. Dailey was a Democrat of conservative views, and, as a man and Christian, he bore an elevated character · for the correctness of his deportment and the honesty of his pur- poses.

Major WILLIAM FLEMING, of Madison, resumed, at this ses- sion, a seat in the Senate, which he had previously occupied for many years, and before his first election to that end of the Cap- tol, he had for several sessions served the people of Madison in the House of Representatives. He continued, with occasional intervals, to occupy a seat in one or the other branch of the

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Legislature until the close of the session of 1862, and with the in- termissions, his public life extended through a period of over thirty years, which proves that he had a strong hold upon the confidence of the people of his county. He was a Virginian by birth and education, and he long enjoyed the society and companionship of. gentlemen in the higher walks of life. He took an active part in the business of legislation, but was wanting, to some extent, in the gift of a good delivery in speaking; his voice, too, was harsh. These things discouraged him in parliamentary efforts. His social habits were well established and cultivated, and to these he paid good attention, so that he made comparatively but little progress in developing the attainments of a legislator. He was a Demo- crat, and died about the close of the war.

JAMES E. REESE, of Chambers, succeedd to the seat occupied for three years by his brother, George Reese, who has been no- ticed in another part of this work. The brothers differed in pol- itics-the ex-Senator being a Democrat, and the sitting member a Whig-the one a planter, the other a lawyer-but both were. favored by nature with respectable endowments, physical and mental. After serving out his term, Mr. James Reese was not again connected with public life, but pursued the practice of the law in Chambers, where he still resides.

Mr. Reese had a prepossessing face, and very courteous man- ners. He was very neat in his person, and always appeared so genteel that he could have entered at any time a saloon of fashionably dressed ladies, with credit to his taste. He looked as if the world went smoothly with him. No traces of dejection or care could be perceived in the expression of his fea- tures. When addressing the Senate, he was calm, fluent, and in every respect an agreeable speaker. His arguments were always listened to with respect, and his influence was felt, though he belonged to the political minority in the Senate. Had his ambi- tion been equal to his merits, and to the snavity of his deport- ment, he would probably have made a more conspicuous figure before the public. There is no spot or blemish in his short legis- lative record.

HUGH M. ROGERS, of Lawrence, was for several years a Rep- resentative, and now concluded a Senatorial term of three years. He afterwards removed to Mississippi. His abilities were of a very ordinary grade, and he made no mark in the Legislature beyond voting. But at the close of his career, he did that which was derogatory to the character of any man, much less an honor- able Senator, representing a high-toned constituency. He bor- rowed from several members of the two Houses, and others

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occupying official positions, various sums of money, from ten to seventy- five dollars, saying he did not wish to draw his pay yet, but would do so before long, and return it. In this way he pock- eted several hundred dollars-no gentleman from whom he bor- rowed knowing the extent of his operations. When the truth was found out, he had drawn his pay from the Treasury every week; and now, to get away from the Seat of Government, he went on to a general "bender" a few days before the adjourn- ment, and continued so much intoxicated, that his colleagues actually hauled him off in a state of stupidity. Of course this ended his public life in Alabama. His constituents disapproved and denounced his conduct, but it is not likely they knew the extent of his operations "on loan."

I mention these facts in no spirit of unkindness to Mr. Rod- gers, if living, or to his memory, if dead. But he was a public man, and used his public position to betray the confidence of his fellow-members, and it is only just that the affair should be chron- icled, as evidence of the character of one of the men who occu- pied a seat in the Legislature in those days.

COL. RICHARD B. WALTHALL, of Perry, was born in Amelia county, Virginia, in 1793. When about eight years of age, he accompanied his father, who settled near Franklin, in the Middle District of Tennessee. He was educated at Cumberland College, and removed from Giles county to Alabama in 1819, remaining one year in Tuskaloosa; and thence he removed to Perry county, where he resided until his death, which took place at Blount Springs, July 30, 1849.

Col. Walthall was a planter of large means, and of great intel- lectual capacity. He was for many years before 1842 in one or the other branch of the Legislature, but he had for a while retired. He belonged to the State Rights school of politicians, and somewhat stood aloof from either political party, Democratic or Whig, until about the year 1837 he became fully reinstated into Democratic favor, under the leadership of Mr. Calhoun nation- ally, and of the Hon. Dixon H. Lewis at home. Entering the Senate in 1842, he served a term of three years, and in 1845, his reelection was defeated by J. F. Cocke, Esq., his Whig competitor.

In 1848, Col. Walthall was an Elector for the State at large on the Democratic ticket, and aided in carrying the vote of Ala- bama for Gen. Cass for President, and Gen. W. O. Butler, of Ken- tucky, for Vice-President of the United States. His health had been declining for a long time, and he lived but a year after casting his vote as Elector. It is due to his memory to remark here, that his abilities were of a solid and practical order in legislation. He was a very prominent and influential member, his counsels much

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trusted while he served. In public and in private life, he always maintained a high character for integrity. He was a leading man in his day, and has left in the community in which he long resided, and on the legislative records of the State, the impress of a sound judgment, pure patriotism, and spotless honor.

DR. JOHN WATKINS, of Monroe, was returned to the Senate at this session, where he served his term of three years. He was a native of Virginia, where he received his education, but settled in Alabama when it was in a Territorial condition. He was a delegate from Monroe to the Convention which met at Huntsville in 1819, to form a Constitution preparatory to the admission of the State into the Union, and contributed no little of his enlightened counsel to the completion of that instrument. He was afterward, several times, a member of the Legistature when great questions of public concern engaged attention.

The importance of the question relating to the banks and cur- rency, and the public credit, brought him forward in 1842; and although a Democrat, he was elected on a strong party majority. At this and the two succeeding sessions, he rendered the State good service by the wisdom of his counsels, and his calm, patient manner of investigating the various subjects of public concern before the Senate. His manner in discussion was simple, clear and pointed. He seldom occupied the floor more than ten min- utes, and marched up directly to the point under consideration.

In his bearing, Dr. Watkins was gentle, unpretending and dig- nified. Possessing the advantages of much reading and culture, and an easy, pleasant style of conversation, his society was sought, and his influence great, in legislative and social circles. Coming down from the first days of the State, in laying the foundations of which he actively participated, it is not surprising that his high character for intelligence and statesmanship should be looked to, and his counsels regarded with favor. This session (1842) ended his public course. He was fond of private life, with its leisure for reading, for which he had quite a passion; and then, too, he preferred exemption from the responsibility of exercising dele- gated powers. He was a physician of ripe attainments, in which capacity, and as a citizen, he exerted a salutary influence upon the people of his vicinity.

BURR W. WILSON, of Fayette, concluded at this session a course of some ten years in the Senate, without intermission. He re- mained in private life until 1861, when he was elected a delegate to the Convention which passed the Ordinance of Secession, against which he voted as a Union man. He was afterward, in 1865,

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elected a member of the Convention which framed the Constitu- tion of that year, pursuant to the policy of President Johnson.

Mr. Wilson was a decided Democrat-was a vigilant and faith- ful representative in his votes, but withal very quiet and taciturn, seldom occupying the floor except to make a report from commit- tees. He labored under an impediment of speech, which embar- rassed his delivery. He yet lives in Fayette county.

MEMBERS OF THE HOUSE.

Having paid my respects to a number of Senators, it becomes a duty and a pleasure to give sketches of gentlemen of the House of Representatives who took part in the important session of 1842-3.

1. MILES C. ABERNATHY is a North Carolinian. He removed to Alabama, and settled in Benton (now Calhoun) county about the year 1834, and first engaged in the business of a merchant, afterward in that of planting. In 1842, he was elected to the House, but having very little taste for public employments, he resumed his rural occupations with increased energy. In 1855, he was brought forward, by the people among whom he had resided for twenty years, for the Senate, and was elected for a term of four years, after serving which he retired, and still resides in Calhoun.

Mr. Abernathy was of the class of well-educated, well-informed men of sound judgment in public affairs, and was very useful in the Legislature-cautious, prudent, and looking always to the public good, without regard to other considerations. He was justly regarded as a faithful public servant. His manners were easy, and his powers of conversation good. In politics, he is a Democrat.

2. MARION BANKS, of Tuskalossa, was a member of the House during a number of sessions, and concluded his public service in 1851. He is a native of Georgia, but was educated in the Uni- versity of Alabama-was a planter, a bachelor, and a gentleman of extensive property. He was a zealous, earnest speaker, and was frank and honest as a man and politician. He was a Whig, and went politically, as the writer heard him say in 1844, in a public speech in Tuskaloosa, "for Henry Clay, my God, and my country." This was considered by many, in those days, as a safe, trustworthy position. Major Banks belonged to that class of Southern gentlemen who were patriotic, high-toned, and honor- able. He yet lives.

3. JOHN W. BRIDGES, of Wilcox, had occupied a seat in the public councils for years before my connection with the State Gov-

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ernment, and came forward in 1842 with a good character for ex- perience and ability. He took a high position in the organization of the House, being placed at the head of the Committee of Ways and Means, a responsible place, in view of the absolute necessity, then pressing, for a revenue bill to meet the expenses of the State Government, and to recover the sinking credit. For years, the people of Alabama had not been called upon to pay State taxes; the charge of paying the expenses of administering the Govern- ment, in the meantime, resting upon the Banks. It is not the purpose of the writer to consider or discuss the wisdom of such a policy; but this much may be said, that exemption from State tax- ation made the people less vigilant in holding their public servants to a strict account, especially in the management of the Banks. For, really, no better evidence could or need be adduced to quiet their apprehensions, than the fact that the Banks were contribut- ing, in their management, to relieve the people of taxation, be- sides paying the interest on their capital, and providing, by large profits, a sum for the redemption of the loans at maturity, on which the capital was obtained.

The writer well remembers the exalted ideas he had of the scheme, upon his settlement in Alabama. The conception of a people using their credit to found and carry on a system of banking, that dispensed such benefits, and was altogether so harmless, and would work its way through all liabilities and burdens, meeting its bonds all so nice and square; why, it was my beau-ideal of bank- ing, and really made a man feel proud that he lived in such a State, with such a beautiful system. But that dream had long since ex- ploded. * The crash came and exposed the inefficiency of the sys- tem, to stand the shock which its bad management and corruption had produced, and the people found out that the fiddling for the past ten years had brought upon them a heavy bill, to be estimated by millions. The theories and expedients which had been relied on, since the called session of 1837, had all failed. The people had been promised resumption of specie payments by the Banks, and plenty of money, under various pretexts; but they had all proved illusory. The frauds which, to some extent, formed the subject of legislative investigation in 1841, had opened the eyes of the people to an unwelcome truth, and the rotten system was probed to the bottom in 1842.

Gov. Fitzpatrick had come into office the year before, and his ready, practical mind soon detected the true situation, as may be seen in his message. A revenue bill was something new in Ala- bama; but it came before the House in due time, reported by the Chairman, Col. Bridges, and passed both Houses. After this service, he was a member of the House a number of years, his last term being in 1849. In June of that year, he presided over

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the Democratic State Convention, which nominated Chief Justice Collier for the Executive. Col. Bridges desired, and aspired to, the Speakership, in 1849, but was not a regular candidate before the House.

Besides being a lawyer, Judge Bridges was also a planter, of large wealth, and was childless. He was ambitious of preferment and position in the Democratic party, of which he was a promi- nent member. He participated freely in the debates of the House. Indeed, many of his friends thought he spoke too often, and from this cause, no doubt, he failed to receive the patient attention to which so well informed a gentleman, and so agreeable a debater, might seem entitled. In person, he was stout and com- pact, with a good face and head, the latter somewhat bald. His hair was very white, and altogether, he was a fine-looking gentleman. His manners were plain-rather neglected. He encountered, and partially surrendered to, the same foe, in the disguise of convivial enjoyments, which has captured and de- stroyed so many of Alabama's cherished sons in the rounds of public life. He died many years ago.

DR. JAMES BOTHWELL, of St. Clair, served the people of that county at" this session. He was an intelligent, well-read gentle- man, quiet and reserved in his intercourse with men. He was a physician of good attainments, and for a long time practiced in the section about Ashville. But, like many others, he yielded to an enemy which destroyed him in the meridian of life. How many bright intellects have been quenched in darkness, and use- ful men taken from society and a pleasant family circle, by this fell destroyer, ardent spirits? And yet how few take warning by their fate, so as to avoid the snare into which so many thousands have been entrapped and ruined?

JOHN A. CAMPBELL, of Mobile, is a native of Georgia, and graduated with the first honors in the University of that State. His father, Col. Duncan G. Campbell, was a distinguished lawyer and party leader in Georgia, who died in 1828, in the forty-second year of his age. In 1829, an act was passed by the Georgia Leg- islature, of which the following is the caption :

An act to admit David J. Baily, of Butts county; Hiram Hemphill, of Lincoln county ; John A. Campbell, of Wilkes county; Gray A. Chandler, of Warren county ; Robert McCarthy, of Monroe county; William A. Black, of Chatham county, and Robert Toombs, of Wilkes county, to plead and practice law in the several courts of law and equity in this State.

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Reminiscences of public men in Alabama : for thirty years, with an appendix, Part 28

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

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