USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 31
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In 1844, Col. McClung was again elected to the House, and was made Chairman of the Committee of Ways and Means, con- sidered at that time as the most important, on account of the crit- ical state of the public debt. In 1845, he was elected to the Senate, and placed at the head of the Judiciary Committee. His last service was at the session of 1847, when he was again Chair- man of the Judiciary Committee, the post of honor in the Senate. He died in 1848, before the infirmities of age had bowed his per- son or had touched his faculties,
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21. THOMAS W. McCoy, of Mobile, was originally from Augusta, Georgia. He was elected to the House in 1842, on account of his superior qualifications in finance, as the people of Alabama then greatly needed men of that character in the public councils. He was extensively connected with the business of insurance, and well acquainted with the principles and details of banking. This fact led to the complimentary motion of his colleague, Mr. Camp- bell, to place him on the joint examining Committee on the State Bank and Branches, in order that the benefit of his peculiar abili- ties and experience might be secured to the public through that channel. The appointment was at once made.
Mr. McCoy introduced a bill to improve the currency of Ala- bama, by dividing a certain per cent. of specie on the circulation, and funding the balance of the Bank issues in State bonds bearing five per cent. interest, and payable five years after date. While the bill was under discussion, Mr. McCoy took the floor, and read several letters from his Mobile correspondents, showing the panic in exchanges, that specie had risen up to 25 and 30 per cent. premium, and was still advancing, owing, as alleged, to the apprehension that the Legislature would enact stay-laws, or throw some difficulty in the way of creditors. Mr. McCoy com- pared the shock in exchanges to a Texas stampede, when a company of horses took fright, and every one dashed off heedless of rein, bit, or rider.
The plain causes, founded on the laws of trade, which he as- signed for these results, and the very intelligent manner in which he reviewed the commercial and agricultural interests of the South- west, as affected by the currency, showed to the satisfaction of all, that Mr. McCoy ranked among the first in the House for expe- rience and knowledge in his pursuit. When a member inquired of Mr. McCoy, for the purpose of embarrassing him, if he had not supported the measures which his correspondents placed at the bottom of the panic, he promptly replied that he had voted for the liquidation of all the Branch Banks, and he gloried in the act; to him it was the proudest reflection of his life; and when his children became old enough to read the Journal of the House, it was his consolation that they would see his name recorded in favor of the wisest financial movement that had ever been made in the State. He thanked his God that he had lived to take part in the session; that it had seemed peculiarly fortunate to hin, after de- clining so many previous solicitations to be a candidate, he had yielded at last, and now he was satisfied.
Throughout his remarks on the floor, Mr. McCoy was animated and graceful. His language was in good taste, and the only re- gret felt was, that a gentleman possessing his excellent advantages of matter and delivery, should not have taken a more frequent
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part in discussions before the House. His personal appearance denoted great activity in business, as well as suavity of address. No member commanded more respect as a gentleman. He was a Whig in politics, and apparently about forty years of age.
For a number of years, Col. McCoy commanded the first Ala- bama Regiment, an organization composed of volunteer companies, embracing largely citizens of the first standing in Mobile. Next to the Fire Department, this regiment was the favorite and pride of the city, and no gentleman was more worthy of its command than the gallant and accomplished Colonel McCoy. He was so popular in military circles that upon the resignation of Major- General Bates, of the Sixth Division, he was elected his successor by a large majority.
Gen. McCoy married a daughter of George Poe, Esq., formerly Cashier of the United States Branch Bank at Mobile. No one could better dispense elegant hospitalities, and the refined cour- tesies of social life. Of late years Gen. McCoy recovered a fine property in Baltimore, and now resides in that city.
22. LEMUEL G. McMILLION, of Jefferson, had been many years a member of the House, previous to 1842, when he was again elected, and afterward filled a number of public trusts. He was a Democrat of that class who was fond of office and place, and sometimes to accomplish his purpose, it was said, he resorted too much to policy, and ploughed with outside influences. This im- pression injured him, and no doubt brought on disappointment. He had been out of public life many years before his death, which occurred a few years ago; and it is feared that in his political dis- comfiture, he yielded to a worse foe than he had at any time en- countered in his contests with the Whig party.
23. JOHN MORRISETTE, of Monroe, was born in Rodgersville, East-Tennesssee, in October, 1793. He enlisted and served through the whole of the war of 1812-'15. Soon after the close of the war, he removed to St. Stephens, then the seat of the Ter- ritorial Government of Alabama, and engaged in partnership with Mr. James Lyon, in merchandising. In 1821, he married Miss Frances Gaines, a relative of his former commander, Gen. E. P. Gaines, and settled in the county of Monroe, where he began the practice of the law, in connection with his agricultural pursuits.
Mr. Morrisette was first elected a Representative in the Legis- lature in 1829, and again in 1832, 1833, 1842, 1843, and 1844. In 1845, he was returned to the Senate, to which body he was reelected in 1847 and 1849. He often participated in the debates, in which he displayed abilities of a fine order, with great reason- ing faculties. On committees he was a working and useful member.
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His marriage with Miss Gaines brought him fortune and influ- ence at a time when he needed both, and these he turned to good account. By economy and good management, on such a founda- tion, he succeeded in amassing a very large property, wherein he had an element of power that contributed largely to his success in political life, and in his control of men.
From a pamphlet of sixteen pages, published by himself, enti- tled "Letter of John Morrisette to A. P. Bagby, Esq.," dated October 8, 1836, many facts and circumstances are ascertained, some of which afford evidence of his early career as a politician. He reminds Mr. Bagby that they had been friends from 1818 to 1834, and then proceeds to enumerate instances of deception and treachery, as he alleges, by which the latter forfeited all confidence previously reposed in him. The pamphlet contains a variety of charges and specifications, whether true or groundless the writer will not undertake to decide. Many names are introduced as wit- nesses, or parties more or less concerned in the record, among whom are several gentlemen who have since acted a prominent part in public affairs, viz: Hon. James Dellet, B. F. Porter, A. B. Cooper, Gen. Enoch Parsons, ex-Gov. Murphy, Hon. John Gayle, and Hon. Henry Goldthwaite. Among other names mentioned for different purposes in the letter, as citizens of Monroe, or the adjoining counties, are those of Robert Mosely, John Roach, Wil- liam Waller, Winberk Boney, S. R. Andress, J. G. Lindsey, S. D. Parker, Mr. Faulk, Rawls Wallace, Samuel Dubose, Robert Sims, Dr. Lawrence Moore, Mr. Hunt, Mr. Draughon, Joseph Taylor, Benjamin Sims, Duke K. Jameson, Col. Evans, Arthur Kimble, William Mobley, William Robinson, Mr. Latham, Mr. Dodridge, David Packer, Jesse C. Farrier, James T. Kidd, Le -- roy A. Kidd, Gen. Moore, Neil Morrison, Mr. Lyon, Mr. Bates, Col. Baylor, John S. Johnson, and F. M. Johnson.
One of the principal objects of the letter was to show the ver- satility of Mr. Bagby in politics-at one time opposed to Gen. Jackson, and then in his favor; of abusing Mr. VanBuren, and then supporting him; of declaring in favor of the United States Bank, and then denouncing its unconstitutionality; of pledging himself not to vote for the Hon. William R. King for the Senate, in order to gain the support of the Nullifiers, and then violating the pledge-and other allegations of inconsistency, ending with an issue of personal veracity, and grave allegations not proper to be here quoted.
Since Mr. Morrisette made his exposition to the public, about thirty-five years ago, and the personal enmities of that period have perished, it is only fair to say that the aspects in which he viewed the character of Gov. Bagby may have been honestly. stated, even though not entirely correct, in a political sense. The
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latter gentleman may have been too impulsive to have any solid or permanent convictions. He was conscious of great intellectual power within himself, aided by physical endowments rarely vouch- safed to mortals, in the exercise which among men, for personal success, he believed himself competent to any task, asserting frankly what was in his mind as the occasion might dictate, for or against any man or measure, and then, if expedient, to qualify or disavow, in his superlative manner, with a physiognomy of won- derful expression, where truth and honor beamed as a central light, stamping confidence on every word, just as the die gives beauty and perfection to the coin which it prepares for circulation as pure gold.
In a few words, Gov. Bagby will be released, in this narrative, from the grasp of his vigilant adversary, Mr. Morrisette. It was impossible that these gentlemen should harmonize, politically or socially, their individual organizations were so different. The mind of Gov. Bagby soared among the stars, dreaming of human greatness and glory through intellectual channels. The cogita- tions of Mr. Morrisette were always practical-of land and negroes and cotton, on cash in bank, and on "hog and hominy" for his own consumption, and for the help of his fellow-men who crawled on the earth, and never had sweet visions like those of Gov. Bagby, and of the aspiring, sensitive class with whom he was congenial in sympathy and in hope. Gov. Bagby reached high places :
1. A Senator in the Legislature.
2. Speaker of the House of Representatives more than once.
3. Governor of Alabama from 1837 to 1841.
4. Senator in Congress from March 4, 1842, to March 4, 1848.
5. Envoy Extraordinary and Minister Plenipotentiary to the Court of St. Petersburg, with a salary and advances for one year, not less than $20,000.
This meed of honor and promotion at the hands of his country- men outweigh the charges made by Mr. Morrisette to depreciate his character in public view. Gov. Bagby was no financier. He was always under a strain for money to keep up appearances suit- able to his station in society. Perhaps he was very unfortunate in his star-gazing proclivities-his ideals of excellence, and in his liberal interpretation of human nature. Whatever his errors, wilful or otherwise, he suffered enough in his mind to expiate them all.
As to Mr. Morrisette, he was more than twenty years connected with the Legislature, with occasional intervals. of retirement, during all which time he acted a very prominent part in shaping public measures. He was always sensible, and was always heard with attention, either when he reported from committee or shared
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in debate. He uttered many wise and useful thoughts on the daily concerns of life. Sometimes he was on the extreme; as in 1844, or thereabout, he introduced a proposition in the House which implied great distrust of the commission merchants of Mobile, and sought to give the sale of cotton to other hands. On a visit to Mobile soon thereafter, Mr. Morrisette was insulted by a mob of boys and other disorderly classes, who surrounded his hotel with hostile demonstrations, and perhaps pelted him with cotton in the streets.
The last service of Mr. Morrisette in the Legislature was at the session of 1849-50. Not long thereafter, while on a business trip to Texas, he died, leaving an estate complete in lands, slaves and other property, which the ravages of war had not then touched. He was probably about sixty years of age, a rare speci- men of that valuable common sense which Dr. Franklin prized above all other gifts. His integrity as a man has never been assailed or questioned, and his memory will long survive in the legislative history of Alabama.
24. JOHN W. A. PETTIT, of Barbour, was from Georgia, and had served in the Legislature of that State. He belonged to the legal profession, was tall in person, stately in his manners, and was very ambitious. Indeed, he had a good substratum of merit to justify this passion of noble minds, and was regarded in his native State as a very rising young man. He was originally an adherent of the Clark party in Georgia, in opposition to Troup and the Treaty, in the scenes of 1825-26; but when the Carolina doctrine of State Rights was promulgated, Col. Pettit was among the few of his local party who espoused it warmly. This showed inde- pendence, at least, and perhaps placed him on cold terms with his old political friends; for in a short time he removed to Mont- gomery, where he embarked in the support of State Rights and State remedies, as editor of the " Alabama Journal." Either from want of success in that field, or because his editorial labors interfered with his professional, he severed his connection with the press, and next settled at Irwinton, (now Eufaula) to pursue the law with more exclusive attention.
In 1839, Col. Pettit represented Barbour county in the Legisla- ture, where he immediately took a prominent position. During the session he introduced a bill to establish a branch bank at Irwinton, which was defeated mainly through the influence of three gentlemen. On the last day of the session, when the clerks were bringing up their papers, the House indulged in a mock session, common in those days, when the Speaker retired from the chair, calling some member to it whose wit, humor and address suited the occasion. A motion was offered inquiring of the
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gentleman from Barbour what had become of his Branch Bank pro- ject? which produced a good deal of merriment. Col. Pettit took it coolly and went to work at his desk, and in a short time read and submitted a preamble and resolution reciting the defeat of his bill and by whom it was mainly defeated, to-wit: Mr. Smith, of Madison, who was a very rich man; Mr. Reynolds, of Franklin, who was a very fat man, and Mr. Smith, of Lauderdale, who was a petulant, ill-natured man: Therefore resolved, that it is not to be wondered at that the gentleman from Barbour failed in his Bank project, seeing that he had to contend with the world, the flesh and the devil. This was regarded as the best retort of the session.
Col. Pettit was again returned to the House in 1842. The next year he was nominated for Congress in the Montgomery District, which was considered tantamount to an election, so decided was the Whig majority; but the result proved otherwise. His com- petitor was James E. Belser, Esq., a Democrat, who went actively through the canvass, and was elected. This was a mortifying blow to the feelings of Col. Pettit, who, soon thereafter, removed to Memphis, Tennessee, where he died a few years ago.
The rank of Col. Pettit as a debater, was very respectable. He possessed a fine voice, courtly manners, and commanding person, and at times he was eloquent. Occasionally, he rather skimmed the surface of questions, and then again he would strike at first principles, and make a strong impression on the judgment of the House. His mental operations were not distinguished for celerity, but were generally cautious and safe. When a good opportunity was afforded for the indulgence of wit, he uttered some excellent things in that way, on the floor. No gentleman was more court- eous and bland in discussion. His nature revolted at the idea of using offensive language, unprovoked, and he was equally decided in permitting none to be addressed to him with impunity. He entertained a very generous opinion of himself, and was a gentle- man of elevated taste and feelings. The meridian of his life was no doubt somewhat clouded by disappointment in his political aspi- , rations. A sound philosophy, it is hoped, cheered the latter years of his life.
25. BENJAMIN F. PORTER, of Tuskaloosa, was born in the city of Charleston, South Carolina, in the year 1808. While a mere lad, he was placed in a counting-house, where he remained a year or more, and at the age of fifteen he entered the employment of Dr. Thomas Legare, a leading practitioner in the medical profes- sion. Here he enjoyed the opportunity of studying natural science, botany, and anatomy, and of acquiring a knowledge of materia medica and pharmacy. Visiting the courts of the city, he was
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captivated by the eloquence of such advocates as Petigru, R. Y. Hayne, William Crafts, and others of a high rank at the bar. The latter gentleman, especially, who had a large practice, and an en- viable celebrity as a poet and orator, attracted the young student of medicine, who, in due time, engaged in a course of legal studies in the office of Mr. Crafts. In 1826, he was admitted by the Court of Appeals, an attorney and counsellor at law and solicitor in chancery.
In 1827, he selected the village in which the Court-House for Chester District was located, as his future residence; and in 1828 he married Miss Eliza Taylor Kidd. In December, 1829, Mr. Porter removed with his family to Claiborne, Alabama, and in 1832, was elected a Representative from Monroe county, in the Legislature, and again in 1833 and 1834. In 1834, he was elected Reporter of the Supreme Court, an office vacated by the resigna- tion of George N. Stewart, Esq. In the meantime he was also elected Judge of the County Court of Monroe, and continued to hold that office, until his removal to Tuskaloosa, in 1835. In 1837, 1838, 1839, and again in 1840, he was elected to the House from Tuskaloosa county. In the meantime, he was elected a trustee of the University, and attorney for that institution in closing its complicated affairs, or rather its old claims for the sale of lands liberally donated by the General Government.
At the session of 1839-'40, Mr. Porter, then a member of the House, was elected Judge of the Tenth Judicial Circuit, which was created from other circuits, during the session. When he visited Mobile, embraced hy the new circuit, for the purpose of entering upon the duties of his office, he was greeted with a most ' hospitable and cordial reception by the inhabitants, who, through a highly respectable committee, tendered him the compliment of a public dinner, and expressed the grateful remembrance in which they held his exertions in the Legislature, in behalf of the city, at a period of great commercial embarrassment, fire and pestilence. The committee added assurances of the high estimation in which they held his virtues and talents, and the pleasure they felt at his residence in the city. Judge Porter declined the proffered civilities on the ground that, as a Judge, it was necessary he should abstain from excitement, and take no part in public proceedings of that kind. He presided one term in Mobile, and cleared the docket of several thousand cases, by the promptness and energy with which he dispatched the public business. In the meantime, some doubt having arisen as to his eligibility, the Governor ordered a quo warranto to try the question, which called forth the following letter :
His Excellency, A. P. BAGBY, Governor of the State of Alabama :
SIR-The delicate and important question, lately raised in the Supreme Court, touching the constitutionality of my appointment by the Legislature as Judge of
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the 10th Judicial Circuit, to-day received the attention of the Court, to this ex- tent: The Court said the case of Paul could not be sustained, and that my election was unauthorized, but that it was not satisfied that that tribunal could take orig- inal jurisdiction of the case, for which question the cause was retained.
The intimation thus given by the Court of its views in relation to the question of principle involved, is all that any one should require who is disposed to treat respectfully the supreme judicial tribunal of the country; and though I can not know what may be the decision on the point for which the case is held up, yet, even if in my favor, it would leave me occupying a station by the favor of a technicality, which I cannot hold on principles of constitutional law, as declared by the Court.
Such a situation would be one of degradation, and could neither be relieved from infamy by its profits, or be protected by its authority from the censure of every honest citizen.
I therefore resign into your hands the office of Judge of the 10th Judicial Cir- cuit, which the magnanimity of the Legislature conferred upon me.
Respectfully, B. F. PORTER. July 1, 1840.
While Judge Porter held the office of Reporter of the De- cisions of the Supreme Court, fifteen volumes were published by him, nine of which bear his own name, and six are entitled "Stewart and Porter," from the fact that the cases contained in them were decided during the time Mr. Stewart held the ap- pointment. Afterward the Judges of the Supreme Court were authorized by law to publish their own decisions, for which an allowance was made additional to their salaries. The volumes were then called "Alabama Reports," since which time other Reporters have had charge of this labor, all forming at this time about fifty volumes under the latter title.
During his service in the Legislature, Judge Porter was the first member who brought forward the Penitentiary system of punishment, instead of the former mode of whipping and brand- ing for offenses less than capital. Such was his humanity, that he introduced a bill to abolish punishment by death, in support of which he made an argument which was published in a pamphlet of twenty pages. He refers to a number of cases where innocent persons have been convicted and hung, and afterward the parties alleged to be murdered have made their appearance, with all the circumstances explained.
At all times actuated by a humane spirit, Judge Porter intro- duced a bill, which passed, February 1, 1839, to abolish impris- onment for debt in Alabama. He was the author of another bill, "For the preservation of the 16th section grants, and to establish permanently in the State of Alabama, a common school fund, so as to fully secure the intellectual improvement and moral welfare of the youth of this State." The argument in support of this bill is contained in a pamphlet of fifteen pages. Several legal propositions were examined, with the authorities, relative to trusts, express and implied, public and private. The act of Con-
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gress enabling the people of Alabama to form a State Govern- ment, granting the 16th section of every township to the inhab- itants of such township for the use of schools, was quoted.
The author of the argument then presents a mass of statistical information, showing the cost of public schools, per teacher and pupil, in different States of Europe and this country. In Alabama, it is stated, out of a population of 335,185 white persons, there are 22,592, over the age of twenty years, who cannot read or write. The annual interest of the 16th Section Fund, in bank, for different counties, is given, showing the vast inequality of values, in Sumter $4,657.95, and in DeKalb $12.00. He therefore con- tends that the whole fund should be consolidated, and distributed in a ratio to afford benefits to all in just proportion.
In 1842, Judge Porter published a pamphlet of a little more than 100 pages, of which the following is the title:
The Offices and Duties of Executors and Administrators, being a plain and sim- ple Treatise on the Rights, Responsibilities and Duties of those Officers; contain- ing Directions with regard to the making of Wills, Distribution of Estates, and other necessary Actions to be pursued by those who administer Estates: To which is added Forms and Entries for Judges and Clerks of the Orphans' Court : All prepared with reference to the Laws of Alabama, but applicable in many respects to the States of Georgia and Mississippi .- BY BENJAMIN F. PORTER.
Here it may be remarked that Judge Porter was very industri- ous with his pen, wrote much for the newspapers and periodicals, and was fond of seeing his name and compositions in print. In- deed, this habit was carried to such extremes, he was so frequently and in so many forms attracting the public eye, that men began to suspect that he had some ulterior aim, probably writing himself into celebrity, that would command positions of the highest grade, such as that of Governor, Senator in Congress, or Judge of the Supreme Court. All admitted his talents and the vivacity of his speeches and writings, but his ambition, party leaders and men of influence who had grist at the same mill to grind seemed very reluctant to gratify or even to encourage. His efforts in this direction were often met with criticism, not always the most respectful. On one occasion he caused it to be announced that he was engaged in translating from the Latin the work of a cele- brated Roman author on the Civil Law. In high professional circles this idea was ridiculed, and the press of another State gave him a scathing notice for the vanity and presumption of the attempt, as it was termed.
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