USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 3
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
CHAPTER XXXV.
Session of 1855, Concluded-Senators and Representatives Specially Noticed.
DR. E. J. BACON-An Old Line Whig-Opposed the Know-Nothings-Vic- tory in the Canvass-High Social Position-Prominent in the Legisla- ture-Graceful Address-A Georgian by Birth-Well Educated-Ready and Fluent in Debate-A Member of the Masonic Fraternity-Removes to Arkansas; T. B. Bethea - A Lawyer by Profession - Becomes a Wealthy Planter-Upon the Democratic Electoral Ticket in 1848-Re- moves from Wilcox to Mobile-In 1853, Elected to the Senate as a Dem- ocrat-In 1855, acted with the Know-Nothings-Settles in Montgomery- Elected to the House in 1863 and 1865-Influence in Legislation-Force of Character; Nathaniel Holt Clanton-A Georgian-His large Planting Interest-Popular and Successful-In 1853, Elected to Senate-Serves with Efficiency-His Death, in 1855-Christian Character; John N. Ma- lone-A Graduate of LaGrange College-Admitted to the Bar-Six Years in the Senate-Delegate to the National Democratic Convention,
614
24
Contents.
1852-In 1860, Supported Mr. Douglas for the Presidency-Opposed to Secession-Afterwards Supported the Southern Cause with Zeal and Ability-As a Senator, Courteous in Bearing-Clear and Concise in De- bate-Confiding and Affable; F. C. Webb-A Whig in Politics-Elected to the House in 1853, and to the Senate in 1855-Skill and Humor- Writes Squibs in Prose and Poetry to Amuse-Modest in Debate-A Cultivated Gentleman; Dr. B. F. Wilson-Intelligent-Useful on Com- mittees-No Taste for the Scramble of Public Place-Retires to Private Life; Benjamin C. Yancey-Native of South Carolina-Resides awhile in Wetumpka-Jointly with his Brother, William L. Yancey, Edits a Democratic Paper in 1840-Returns to South Carolina, where he is Sev- eral Times Elected to the Legislature-Subsequently he Removes to Cherokee County, Alabama-In 1855, Elected to the Senate, of which he was made President-Changes his Residence to Athens, Georgia- Appointed by President Buchanan Minister to the Argentine Republic, South America-After Return, Several Years President of the State Ag- ricultural Society-His Labors to Recuperate the South; Franklin K. Beck-Elected Solicitor in 1843-Efficient as a Prosecuting Officer-In 1851, Elected to House in Favor of Compromise-In 1852, with Demo- cratic Party on Georgia Platform-Chairman of Committee on Federal Relations in 1855-Delegate in Convention, 1861-Extract from Speech- Raised a Regiment, which he Commanded in the War-Killed in Bat- tle-His Fine Character and Talents; William P. Davis-Entered Early in Public Life-Self-Reliant -Fond of Debate - A Southern Rights Democrat-Eccentric and Impulsive-Belonged to "Young America "- Bemoval West; Thomas H. Hobbs-Early Advantages, all that Wealth and Paternal Tenderness could Bestow-A Christian in Principle-Ad- vocate of Temperance-In 1855 and 1857, Elected to House-Chairman of Committee on Education-Enters the Confederate Service-Attains the Rank of Major-Killed in Battle in Virginia; Nathaniel R. King- Elected to House in 1855-Well Educated-Declining Health-Travels in Europe-His Early Death; E. G. Portis; Wesley M. Smith; George Taylor; Dr. George F. Taylor; Toliver Towles; James H. Clanton ..... 624
CHAPTER XXXVI.
Elections, 1856-Legislature, 1857 - Inauguration of Governor Moore -Candidates and Members Sketched.
ANTI-KNOWING-NOTHING CONVENTION: Embarrassment in Party Designations; Strongest Men for Electors; Popular Vote for Buchanan and Fillmore; Democratic State Convention, 1857-Contest for the Nomination-Ballot- ings Two or Three Days-Judge A. B. Moore Nominated, and in August Elected Governor; Congressional Elections-Only One Know-Nothing, W. R. Smith, Returned as Successful ; Jabez L. M. Curry-Ample Liter- ary Advantages - Completes His Education at the Law School, Cam- bridge-Elected to House, 1847-At Once Pronounced a Rising Young Man-Chairman of Committee on Internal Improvements-Prudent and Forcible in Debate-In 1855 Re-elected to House-Chairman of Same Committee-Rare Powers Developed by Age and Experience-Elector, in
1
1
25
Contents.
1856, on the Buchanan and Breckinridge Ticket - In 1857 and 1859 Elected to Congress-Commissioner to Maryland in 1860-Reports to the Governor-Elected to Confederate Congress in 1861-His Defeat by M. H. Cruikshanks in 1863-In Military Service at Selma-His Christian Character - Declined the Presidency of Mercer University, Georgia- Now Pastor of a Baptist Church at Richmond, Virginia; Legislature Or- ganized, November, 1857 - James M. Calhoun President of Senate- Crawford M. Jackson Speaker of House; Governor Winston's Message- Extract; Two and Three Per Cent. Funds; Judicial Elections; Chancel- lor Clarke Re-elected; Zachariah L. Nabors-Member of House in 1855 and 1857-Judge of Probate-Declined the Commission Tendered Him by President Buchanan as Judge of the United States Court in New Mex- ico; Cullen Battle-A Georgian-Member of the Bar-Volunteered in the Confederate Service-Promoted to the Rank of Brigadier-General ; Noah A. Agee-Graduate of the University of Alabama - Elected to House in 1853, and to Senate in 1857-Chairman of Committee on Edu- cation ; Edward C. Bullock-Raised and Educated at Charleston, South Carolina-Settles in Eufaula as a Lawyer-Edits a Paper-Elected to Senate in 1857-Ability at the Bar, and in the Legislature-Chairman of the Committee on the Judiciary-Re-elected in 1859-Again at Head of Same Committee-Courteous in Deportment-Clear and Forcible in Dis- cussion-Member of Democratic Convention, 1860-Appointed by Gov- ernor Moore Commissioner to Florida-Volunteered in Confederate Ser- vice, and Commanded a Regiment at Pensacola -. Feeble Health and Exposure in Camp Life-His Death in 1862-Legislature, after the War, Named a County to Honor His Memory; Oakley H. Bynum-Elected to House in 1839 and in 1849-In 1859 He was Returned to Senate-En- gaged in Debate-Wit and Retorts-Delegate in National Convention at Baltimore in 1860-Supported Mr. Douglas for the Presidency-Opu- lent Planter; Daniel Crawford-Native of South Carolina-In the House in 1847-Served on Committee of Ways and Means-Valuable Aid in Preserving the Public Faith-Elected to Senate in 1857-His Good Judg- ment and Extensive Reading-Logical and Clear in Statement; Robert S. Hefflin-A Georgian-Elected to House in 1847-To the Senate in 1859-Political Relations During and Since the War ; Allen C. Jones-By Birth a Virginian-Elected to House in 1856-To the Senate in 1857- Commanded a Regiment-Patriotism and Courage in the War; S. K. McSpadden-In Senate from 1857 to 1861-Colonel of a Regiment in the War-Rendered Gallant Service-Elected Chancellor of Northern Division in 1865; John Rowe-A Georgian-Elected to House in 1859 and 1861-To Senate in 1857-Fine Social Qualities; Michael J. Bulger-Born in South Carolina-Came to Alabama in his Youth-Marked Individuality of Character-Elected to the House in 1851 as a Southern Rights Democrat- Again in 1857-Versed in Parliamentary Law-Elected Brigadier Gen- eral-Delegate to the Charleston Convention in 1860-Elector on the Douglas Ticket-Opposed to Separate State Secession-Resolution Invit- ing Co-operation of other States-Volunteered in the Confederate Army- Wounded in Several Battles-Reported as Killed at Gettysburg-Taken
26
Contents. 1
Prisoner-Exchanged and Returned to his Regiment-Candidate for Gov- ernor in 1865-Defeated by R. M. Patton-In 1866 Elected to the Senate; Henry De Lamar Clayton-Born in Georgia-Graduated at Emory and Henry College, Virginia, in 1848-Admitted to the Bar in 1849-Elected to the Legislature in 1857 and 1859-Chairman of the Military Committee in 1861-Serves in the War-Wounded in Battle-Rose from Captain to the Rank of Major-General-After the War, Elected Judge Circuit Court- Charge to the Grand Jury of Pike; Samuel Jeter; Dr. A. G. Mabry ; James B. Martin ; Stephen F. Hale ; Alexander Smith .. 646
CHAPTER XXXVII.
Financial Policy-Banking System.
ESTABLISHING STATE BANK AND BRANCHES ; Interest on Capital Substituted for Taxes ; Estimates of Profits; Ratio of Specie and Circulation ; Support of Government ; Popular Education ; Fulfillment of Contracts ; Demand for Accommodations; Offerings of Ninety Days' Paper; Statement of Figures ; Amount Discounted ; Joint Bank Committee, 1840; Tables for each Bank; Advances on Cotton ; Public Loss ; Amount Due Banks ; Committee Report, 1842; Indebtedness of each County ; Committee Re- port for 1843; Debts Collected During Year; Outstanding Circulation ; Specie in Branch Banks ; Current Expenses of Banks; Paid on Value- less Sixteenth Sections ; Amount Due Sixteenth Sections ; Report of Bank Commissioners, 1845; Bonds Issued to each Bank ; Annual Inter- est ; School Fund; Quantity of Land Donated by Congress ; Banks Placed in Hands of Trustees, 1846; Assistants at each Bank; Report of Trustees, 1847; Amount Collected ; Sixteenth Section Fund on Deposit ; Estimate of Available Assets; Bank Notes Near Par with Specie ; Com- ments ; Bank Affairs Closed by Trustees; Public Creditors Fully Paid ; Release from Taxation Eight Years; Bank Administration Reviewed ; Popular Effects; Prosperity of Other Times.
668
CHAPTER XXXVIII.
Vice-President King-His Public Services-Testimonials of Congress and the United States Supreme Court at his Death.
NATIVITY; Solicitor in North Carolina; In House of Commons, 1808 and 1809; Elected to Congress, 1810; Serves until 1816; Secretary of Legation to Russia; Removal to Alabama; Signs Constitution, 1819; Elected United States Senator, 1819, and Served to 1844; Appointed Minister to France; Returns, 1847; Appointed United States Senator, 1848; Again Elected to Senate; In 1852, Elected Vice-President; Visits Cuba for Health ; Takes Oath of Office; Returns to Alabama; His Death, in April, 1853; Announcement in Message of President Pierce. Eulogies in Senate: 1. By Mr. Hunter-Lofty Sense of Honor. 2. By Mr. Everett-Qualities as a Presiding Officer. 3. By Mr. Douglas-His Fidelity and Ability in Public Trusts. 4. By Mr. Clayton-Among the Master Spirits of Con- gress. Resolutions of Senate, Passed. Eulogies in House: 1. By Mr.
27
Contents.
Harris-Closing Scene of his Life. 2. By Mr. Chandler-His Modesty and Self-Respect. 3. By Mr. Latham-Type of an American Gentleman. 4. By Mr. Taylor-His Firmness and Moderation. 5. By Mr. Ashe- Graduates in Seventeenth Year-Reads Law in Fayetteville. 6. By Mr. Benton-His Intelligent Discharge of Duty. 7. By Mr. Phillips-His Great Purity of Character. Resolutions, Adopted. Address of Mr. Cushing, Attorney-General; Response of Chief Justice Taney; Court
675 Adjourns ; Letter to Author, 1848.
CHAPTER XXXIX.
William Lowndes Yancey-His Public Life and Character.
PARENTAGE; Came to Alabama, 1836; Edits Paper at Wetumpka; In Demo- cratic Convention, 1840; Elected to House, 1842; In Senate, 1843; Re- signs, 1844; Elected to Congress; Duel with Mr. Clingman; Re-elected, 1845; Resigns; Law Firm of Elmore & Yancey; In Baltimore Convention, 1848; Refuses to Support Mr. Cass; Southern Rights, 1851; Votes for Troup and Quitman, 1852; Buchanan Elector, 1856; State Platform, 1859; Head of Delegation at Charleston, 1860; His Leadership; Reports Ordi- nance of Secession, 1861; Other Measures; Appointed Commissioner to England and France, 1861; Returns, 1862; Elected Senator of Confeder- ate States; Serves at Richmond; His Death, July, 1863. Additional Account: Debate with Senator Pugh at Charleston; The Convention; Address of Mr. Cushing, President; Committee on Resolutions and Plat- form; Reference of Action from States Represented ; Extracts; Contest as to Delegations and Platforms; Skirmishing; Withdrawal of Certain Delegates; Protests; First Ballot for Nominee; On Eighth and Ninth Days, Fifty-seven Ballotings without a Choice; Convention Adjourns to Baltimore; Closing Address of President Cushing; Two Democratic Con- ventions held; Mr. Douglas and Mr. Breckenridge Severally Nominated for President. Platforms of Four Conventions : 1. At Chicago, by Repub- licans-Mr. Lincoln's Letter of Acceptance. 2. At Baltimore, by Con- stitutional Union Party-Mr. Bell's Letter of Acceptance. 3. At the Front Street Theater-Mr. Douglas' Letter of Acceptance. 4. At the Maryland Institute-Mr. Breckinridge's Letter of Acceptance. ..... 681
CHAPTER XL.
Literary Characters of Alabama-Authors of History and Romance.
JOSEPH G. BALDWIN-(See Page 358); Frederick A. P. Barnard, LL.D .- Graduate of Yale College in 1828-Appointed Tutor in that Institution, 1829-Instructor in Asylum for Deaf and Dumb at Hartford in 1831- In 1833, Became Connected with the New York Institute for the Deaf and Dumb-Taught there until 1838-Accepted Professorship of Mathe- matics in University of Alabama-At end of Ten Years, Filled the Chair of Chemistry from 1848 to 1854-Thence Passed to the Chair of Mathe- matics and Astronomy in the University of Mississippi in 1854-Elected its President in 1857-The Degree of Doctor of Laws Conferred by Jeffer-
28
Contents.
son College-Author of Works on Education-Address on Masonry- President of Columbia College, New York-United States Commissioner at Paris Exposition-His Learned Report in a Volume of 650 Pages ; John G. Barr-Graduate at University of Alabama-Then a Tutor-Pas- sion for Literature-Excels as a Writer and Speaker-Volunteers in the Mexican War-Commands a Company-On Return, Edits "Flag of the Union"- Writes for Magazines, and "Porter's Spirit of the Times," New York-On Democratic Electoral Ticket in 1856-Speeches in the Canvass-Testimonials to the President-Appointed by President Buch- anan Consul at Melbourne-Died at Sea-Tribute to his Character ; Jer- emiah Clemens-(See Page 176); Augusta J. Evans-Published " Beu- lah" in 1859-At Once Secured a High Reputation-Other Works Fol- lowed-" Macaria," "St. Elmo," and "Vashti"-Earliest Production, "Inez, a Tale of the Alamo;" Caroline Lee Hentz-Popular Writer- List of Works-Her Death in 1856; Henry W. Hilliard-(See Page 93); Johnson J. Hooper-(See Page 526); Octavia Walton LeVert-Mingles in Society at Washington-Attentive to Debates in Congress-Two Visits to Europe-Interview with the Pope at Rome-Publishes "Souvenirs of Travel"' in 1857-Resides in the City of New York ; Alexander B. Meek- Born in South Carolina, 1814-Graduates at University of Alabama in 1833-Admitted to the Bar in 1835 -- Volunteers in the Indian War in Florida in 1836-Appointed Attorney-General-Edits "Flag of the Union"-In 1839, Edits the "Southron," a Monthly-Appointed Judge of County Court, 1842-Published Supplement to Digest of Alabama, 1842-In 1844, Bearer of Electoral Vote to Washington - Appointed Law Clerk to Solicitor of Treasury in 1845-Appointed by the President United States Attorney for Southern District of Alabama-Removes to Mobile-From 1848 to 1853, Associate Editor of the "Mobile Daily Reg- ister"-Elected to Legislature in 1853-Chairman of Committee on Edu- cation-His Report on Free Public Schools-Elected Judge of the City Court of Mobile in 1854-Publishes "Red Eagle" and Other Works-In 1859, Elected Speaker of the House of Representatives-History of Ala- bama in Progress-Interrupted by the War-His Poetry and Addresses- Removes to Columbus, Mississippi-His Death in 1865; Albert James Pickett-Author of "History of Alabama" --- Born in North Carolina- Brought by his Father to Alabama in 1818-Assistant Adjutant-General in the Creek War of 1836-His Death in 1858-Biographical Sketch by General C. M. Jackson-Extract ; Dr. Samuel C. Oliver-(See Page 164); William Russell Smith-(See Page 558). Ladies of Alabama Mentioned in "The Living Female Writers of the South" : Madame Adalaide De V. Chaudron ; Miss Kate Cumming; Miss Annie Creight Floyd; Mrs. E. W. Bellamy ; Mary A. Cruse ; Lilian Rozell Messenger ; Sarah E. Peck ; Julia L. Keyes ; Ina M. Porter Henry ; Catharine W. Towles; Mrs. Julia Shelton ; Mary Ware; Mrs. E. L. Saxon ; S. S. Crute; Anna Tre- dair ; Caroline Theresa Branch ; Bettie Keyes Hunter. 707
29
Contents.
CHAPTER XLI.
Administrations Noticed-Sketches of Governors Fitzpatrick, Collier, Moore, Shorter, and Watts.
BENJAMIN FITZPATRICK-Came from Georgia to Alabama, 1818-Elected So- licitor, 1821 and 1823-Governor, 1841 to 1845-Appointed United States Senator, 1848 and Again 1853-Elected, 1853, to Serve Colonel King's Term-In 1855, for a Full Term-President United States Senate-Nomi- nated for Vice-President, 1860-Presides in Convention, 1865-His Death, 1869-Tributes of Respect. Henry Watson Collier-Born, 1801, in Vir- ginia-Educated in South Carolina-Settles at Huntsville-Next, in Tus- kaloosa-Elected to Legislature-Circuit Judge-Chief Justice of Su- preme Court-Governor, 1849 to 1853-Joint Resolutions on his Death, 1855. Andrew B. Moore, Native of South Carolina-In House, 1839 -- Elected Speaker, 1843, 1844 and 1845-Appointed Judge Circuit Court, 1851-Elected Judge by the People-Governor, 1857 to 1861. John Gill Shorter-Born in Georgia, 1818-Admitted to Bar, 1838-Appointed Solicitor, 1842-In Senate, 1845-In House, 1851-Appointed Circuit Judge, 1851-Elected Judge, 1852-Commissioner to Georgia, 1861-In Provisional Congress-Elected Governor, 1861. Thomas Hill Watts, & Native Alabamian-Educated at University of Virginia-In House, 1842 to 1845-Again, 1851-1853-Elector for Bell and Everett, 1860-In Convention, 1861-Commands Regiment in late War-Appointed At- torney-General of Confederate States-Elected Governor, 1863-His Ad- ministration-Professional and Religious Character
715
CHAPTER XLII.
Grouping of Characters and Events.
JOHN ANTHONY WINSTON-A Native of North-Alabama-Wealthy Planter -- Settles in Sumter County-Elected to the House in 1840 and 1842-To the Senate in 1853-President of Senate 1845 and 1847-Served until 1852-Elected Governor in 1853, and re-elected in 1855-In Charleston Convention, 1860-Commands a Regiment at Yorktown, Virginia-Elected a Senator in Congress in 1866-His Death in 1872; John W. A. San- ford-Born and Raised in Georgia-Graduates at Oglethorpe University- Enters Dane Law College of Harvard University-Commpleting his Course, Settles in Montgomery, where he is Admitted to the Bar-In 1856, is an Elector on the Buchanan Ticket-Supports Mr. Breckinridge for the Pres- idency in 1860-Serves in the Army of Tennessee and in Northern Vir- ginia-Commands a Regiment in the Battles Around Richmond and Peters- burg-Elected Attorney-General in 1865-Displaced by Gen. Meade in 1867 -- Re-elected Attorney-General in 1870-Letter to Speaker Hubbard; Abraham Martin-Judge of Circuit Court, 1837; N. H. R. Dawson-Ser- vices in Legislature-In Charleston Convention ; Augustus B. Fannin- Services in Legislature of Georgia and Alabama-His Death in 1868 ; William H. Barnes-Chairman of Judiciary Committee in Senate-Wil- liam M. Brooks-Judge of Circuit Court, 1857-President of State Con-
30
Contents.
vention, 1861-Lewis L. Cato; William H. Chambers ; David Clopton ; Robert H. Erwin; John Forsyth; Samuel A. Hale; William P. Jack ; Levi W. Lawler; Hon. Robert B. Lindsay-Elected Governor, 1870; Dr. E. H. Moren-Elected Lieutenant-Governor. 726
CHAPTER XLIII.
Governors Parsons and Patton-Conclusion-Deferred Sketches.
LEWIS E. PARSONS-Native of New York-Settles in Talladega as a Lawyer, in 1841-Whig in Politics-In 1859 Elected to House-Unites with Demo- cratic Party in 1860-Delegate to Baltimore Convention which Nominated Mr. Douglas-Again Elected to House in 1863-Appointed Provisional Governor in 1865-Calls a State Convention for September, 1865-Sum- mary of Proceedings-Certain Ordinances Passed-Changes in Constitu- tion-Legislature met, November, 1865 -- Amendment to Constitution of the United States Ratified-Members of Congress Elected-President of United States Advised of Proceedings-Successor Inaugurated-Papers and Property of State Transferred by Order of the President-Compli- mentary Vote by the Convention-Elected a Senator in Congress; Robert M. Patton-Native of Virginia-Successful as a Merchant in North-Ala- bama-Served Many Sessions in Legislature from Lauderdale-A Whig Until 1855, when he attached Himself to the Democratic Party-Elected Governor under the New Constitution in 1865-Displaced by the Recon- struction Measures of Congress, in July, 1868-He has since been in Re- tirement-Member of the Presbyterian Church - Patron of Sabbath Schools 735
APPENDIX.
I. ROLL OF THE GENERAL ASSEMBLY:
Names of Senators and Representatives in the Legislature of Alabama from 1819 to 1872. 741
II. MEMBERS OF CONGRESS :
Names of Senators and Representatives in the Congress of the United States from Alabama, since 1819. 771
III. GOVERNORS AND EXECUTIVE OFFICERS-1819 TO 1872:
Names of Signers of the Constitution in 1819, and of the Governors and State House Officers 778
IV. COURT ROLL:
Names of Judges of the Supreme Court, Judges of the Circuit Court, Attorney-Generals and Solicitors from 1819; Also Chancellors. 775
V. ROLL OF ATTORNEYS IN 1845:
Names of Six Hundred Attorneys at Law in Alabama, being the first List of the kind Published. 780
VI. UNIVERSITY OF ALABAMA:
Names of Trustees, Faculty, and Graduates 791
REMINISCENCES OF
PUBLIC MEN IN ALABAMA.
CHAPTER I.
Outline of Population, and State Nativities.
No formal treatise, or connected narrative, is here intended relative to the early settlers of Alabama. Since the State was admitted into the Union in 1819, Virginia, North and South Carolina, Georgia, Tennessee, and other States, have contributed to the population, and no particular ascendency can be awarded. Yet traits of character somewhat peculiar to each could be dis- cerned in the communities which they formed, or in which they were scattered. In the General Assembly this was quite apparent in the representative men who figured in public life ; so much so that it was not difficult to tell what State a man was from by his ideas of legislation. The man from Georgia was very apt to in- quire for Prince's Digest, and was altering the law so as to intro- duce some change in unison with the statutes of that State. The Georgians were opposed to the judicial system of Alabama gener- ally, especially the Supreme and Chancery Courts, preferring the Georgia plan of a "special jury," instead of the tribunals where no jury trials existed. They proposed to establish Justice's Courts, and the first law passed in Alabama providing for monthly courts, and afterwards jury trials in such courts, was introduced by a gentleman who had been a member of the Legislature of Georgia. It was difficult for them to get into the habit of writing the word
3
34
Reminiscences of Public Men in Alabama.
"Beats," to distinguish the civil divisions of a county, in place of "Districts," as they were called in Georgia. And so of various other matters of law or custom, these gentlemen would frequently refer to Georgia, and the practice there, &c.
The Virginians were a different class, and probably manifested more of the old State leaven than others. Not a great many Virginians, comparatively, sought places in the Legislature. They came to Alabama mostly as planters, wealthy, independent, and little disposed to engage in the scramble for place. But it was easy to distinguish them; for they had little use for any other law book beyond the "Revised Statutes of 1819," and the laws therein, especially those relating to descents; and in other respects looking to the improvement of the laws of Alabama by engrafting the provisions of the Virginia Code, which had, in part, the sanctity of a hundred years to recommend them.
By way of illustration, there is an amusing anecdote. In one of the southern counties lived Col. Gibbs, a high-toned and proud- spirited Virginian. He was drawn and summoned on the Grand Jury, and his prominence caused him to be appointed foreman. After the Judge had charged the jury, and before they retired, Col. G. addressed the Court with much gravity, and inquired whether they were to be governed by the " Virginia Revised Code of 1819;" and being informed that they were not, he seemed greatly puzzled as to how the jury would get along.
The South Carolinians were less wedded to their State legisla- tion, and were less marked in that respect, while they frequently inquired for the statutes at large of that State, and examined with attention that portion 'relating to marriage contracts. As a class, they were enlightened and well informed upon the general scope of legislation, and contributed no little to an improvement of the laws of Alabama, though they did not favor a penitentiary system, or the law of divorce-things unknown in the statutes of South Carolina.
Tennesseeans were generally known by their reference to " Haywood's Digest," or that of a later date by Caruthers & Nich- olson, and were in favor of engrafting upon our system the Ten- nessee law for the redemption of real estate; and every member originally from that State voted for the bill making that provision,
-
35
Reminiscences of Public Men in Alabama.
which was proposed by a Tennesseean, and they all rejoiced when the bill became a law, and that notions of Tennessee jurisprudence had obtained in favor of unfortunate debtors in Alabama. They were also generally in favor of changing the mode of assessing the taxes, so as to conform to the laws and practice of the old State, making it the duty of a Justice of the Peace in each beat to assess, &c. They were, too, attentive to the road laws of the old State, and ready to offer an amendment to any road bill, espe- cially about the width of roads, lanes, &c.
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.