USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 35
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Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly convened, That the only true measure of political power guaran- teed to the States of this Union by the Constitution of the United States, touching their Federal representation, is the enumeration of the whole number of free per- sons in each State, including those bound to service for a term of years, and excluding Indians, not taxed, and three-fifths of all other persons.
2. Be it further Resolved, That in the organization of Congressional Districts in a particular State, in view of furnishing her Federal representation under the district system, equality of political power among the several Districts, should be the governing principle, and the adoption of any other rule or basis giving more political power to one District than to another, is manifestly unequal and unjust, and in violation of the representative principle of the Federal Government, as fixed by the Constitution thereof.
3. Be it further Resolved, That the Federal representatives of this Union de- rived their power, and are based on, persons numbered, and not in territory; that those individuals are the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons; therefore, in the formation of Congressional Districts, and in the computation of political power due to each, to discard one of the elements of Fed- eral representation admits the right to disregard another or all; and the asser- tion of such right on the part of a State is of mischievous tendency, and highly dangerous in its character, destructive of a representative principle dear to the Southern States, and in violation of the Constitution of the Union.
4. Resolved further, That the Congressional Representation of this Union is not Federal, but National in its character, viz: The representatives under the district system, must spring directly from their respective basis or numbers entitled to be represented ; and the doctrine which accords to a State the power, in providing her Federal representation, of exercising the wild discretion of wholly disregard- ing this beautiful and cherished feature of this Government, well merits the universal condemnation of the friends of civil liberty.
5. Be it further Resolved, That the resolution adopted at the last session of the General Assembly of this State, averring that the Congressional Districts in this State be formed on what is termed the " White Basis," does not meet the appro- bation of this body, and the same is hereby rescinded.
Be it further Resolved, That the Governor is hereby required to transmit & copy of the foregoing resolutions to the Governors of each of the States of this Union, with a request that they be laid before their respective Legislatures, and that our Senators and Representatives in Congress be also furnished with a copy of the same.
The resolutions gave rise to an extended debate, in which most of the gentlemen participated who were in the habit of address-
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Reminiscences of Public Men in Alabama.
ing the House. There was great earnestness on both sides. The friends of the resolutions had strong hopes, and, indeed, some prospect at first to pass the whole series; but by fighting off, and avoiding a direct vote, the machinery employed to defeat them, they were weakened, until at last virtually defeated by postpone- ment to a late day, and when that day arrived, the resolutions were laid on the table, by a vote of yeas 47, nays 28. The ques- tion was not directly discussed in the Senate, which awaited the action of the House.
There was a good deal of skirmishing on Federal politics, and during the session both parties held large, intelligent, and influ- ential Conventions at the Capitol, to organize for the Presidential contest of 1844. The Democratic Convention met first. There was some division in the party between the friends of Mr. Van Buren and those of Mr. Calhoun, as to who should be the choice of Alabama in the Nominating Convention, and leaders were active in their support of the claims of their respective favorites. Mr. George W. Gayle and Benjamin G. Shields were prominent in support of the former, while Judge Meek and others were upon the side of the latter. The Convention voted by counties on a basis of political strength reported by a Business Committee, and the result of the vote favored the nomination of Mr. Van Buren. A platform of principles was adopted, and delegates were ap- pointed to the National Democratic Convention to meet in Balti- more, in May, to nominate candidates for President and Vice- President of the United States.
The Whig Convention met late in the session, and there was a large attendance of delegates. There was no difference among them as to their choice for the Presidency-all eyes being turned to Mr. Clay as the unanimous choice. Delegates were appointed to the Whig Nominating Convention, also to meet in Baltimore, and an Electoral Ticket was organized.
The Whig Convention was presided over by Capt. NICHOLAS DAVIS, of Limestone, a gentleman venerable in years, of great experience in public affairs, and of the highest personal worth. He was a Representative in the first Legislature held in Alabama, in 1819. Subsequently, from 1820 to 1828 inclusive, he was a member of the Senate, and for five sessions was its President.
Until the Winter of 1843, it was never my privilege to form his acquaintance. He had long retired from public life, owing, perhaps, to the strength of the Democratic party in his county, and in that section of the State. He occupied a high rank, how- ever, in the estimation of all parties as a citizen, and for faithful public services; and in the councils of the Whig party his views were received with confidence. He was placed at the head of the Whig Electoral Ticket for 1844, and his speech at the close
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Reminiscences of Public Men in Alabama.
of the Convention, in taking leave of his fellow-Whigs, was very impressive. He was truly the "old man eloquent." He was a great lover of his country, and in alluding to its future under a good government, and the visions opened to him in the dis- tance, and the important influence the Whig party was destined to exert in developing the energies and greatness of the country, he became overpowered with his emotions, which brought relief in a flood of tears as he took his seat.
In 1847, Captain Davis was the candidate of the Whig party for Governor, in opposition to the Hon. Reuben Chapman; but the Whigs being in a minority in the State, he was defeated. Not many years thereafter, he died.
Captain Davis was a Virginian. His wife, whose maiden name was Martha Hargrave, belonged to an old and wealthy Quaker family, and was related to the Pleasants and Raglands, of Vir- ginia. She was a beautiful and accomplished lady, and made an admirable and devoted wife. In her household, which was Whig head-quarters in North-Alabama, for many years, she dispensed a liberal and elegant hospitality.
Col. Jeremiah Clemens, in dedicating his work entitled “Mus- tang Gray," to Nicholas Davis, the son-after speaking of the en- dearing associations and friendships with him which prompted it- uses this language in relation to his parents:
But it is not these alone that move me to write your name on the first page of this volume. The last words your mother was ever heard to speak, were words of warm regard for me; and, to the hour of his death, your father honored me with a friendship which is among my proudest recollections. In the whole range of my acquaintance, I have never known two persons more remarkable for unswerving in- tegrity of thought and action, or more distinguished for a lofty scorn of all that was low or vile in humanity.
Such a testimonial attests the character of this lady as an orna- ment of society, whose example can not fail to have a salutary influence on the daughters of Alabama.
Her husband possessed ample means to support his establish- ment in the true Virginia style, so renowned for its genuine cour- tesies. He was fond of blooded stock, and always had the best around him, particularly of fine horses. He devoted much of his time to the raising of blooded horses and cattle, and to his efforts and example North-Alabama is much indebted for its superior ad- vantages in that respect.
It is only just to say, in conclusion, that in Virginia, and from Virginia society, Captain Davis imbibed the ideas and principles which influenced and adorned his subsequent life. He raised a large family in Alabama, some of whom are mentioned elsewhere in this work. While living, his character was without reproach, and now that he has passed away, his memory is held in the strict-
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Reminiscences of Public Men in Alabama.
est reverence by those who knew him, without regard to former party distinctions.
Resuming the narrative of party movements during the session of 1843, it may be remarked, that the Conventions and the Legis- lature brought together many leading spirits from the different portions of the State, who did not fail, in their respective political spheres, to achieve all that was possible, not only to advance their own interests, but to embarrass their opponents by the introduc- tion of issues, out of which capital was to be made in the political canvass. In this respect the Whigs, being in a minority, and hav- ing shrewd and experienced party leaders, had the advantage, of which an instance is here given.
Mr. Hubbard, Chairman of the Committee on Federal Relations, reported joint resolutions in regard to the protective policy. Mr. Baldwin, of Sumter, a prominent Whig, offered this amendment: " Be it further resolved, That we disapprove of the refusal of the present Congress to repeal or modify the existing Tariff laws."
This amendment, Mr. Hubbard moved to lay upon the table, and it was carried by yeas and nays, every Democrat voting in the affirmative, and every Whig in the negative. Unfortunately for many Democrats who voted for laying the amendment on the table, there was nothing upon the Journal of the House to ex- plain why this vote was given-that the amendment was offered by a Whig as a mere trap to hobble the Democratic party. Han- dled by expert Whigs the next year, it caused many Democrats to be beaten, or obliged them to give way to others.
Mr. Howard, of Monroe, a young member, but a zealous, bold Whig, who took a leading part on political questions, offered as an amendment:
That no tariff but a horizontal tariff is constitutional ; that a horizontal tariff means an ad valorem duty upon the necessaries of life and luxuries, indiscrimi- nately.
This amendment was cut off by the previous question. Mr. Howard was in advance of many members of the House. Mr. George Williams, of Henry, a political friend of Mr. Howard, said, in a few humorous remarks, that he thought it would be a good time to simplify the issue upon the tariff, and with that view he moved to strike out "horizontal," in the resolution, and insert "perpendicular," as the better suited to the understanding of members.
Mr. Howard also brought forward a joint resolution relative to the share to which Alabama was entitled from the proceeds of the sale of the public lands, under act of Congress. His preamble and resolution are the following:
WHEREAS, The State of Alabama, as one of the members of this Union, is entitled to all the rights and benefits arising under the administration of the same;
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Reminiscences of Public Men in Alabama.
and whereas, the Government of the United States, at the first session of the twenty-seventh Congress, by an act approved fourteenth September, A.D., one thousand eight hundred and forty-one, appropriated the proceeds of the sales of the public lands, and provided thereby with a certain proviso therein named, that said proceeds should be divided among the twenty-six States of the Union, and the District of Columbia, and the Territories of Wisconsin, Iowa and Florida, according to their respective Federal representative population, as ascertained by the last Census, to be applied by the Legislatures of said States to such purposes as the Legislatures may direct: And whereas, according to the deeds of cession and the Constitution of the United States, said act of Congress is constitutional : And whereas, the State of Alabama in accepting her share of said proceeds will receive that which is due her as a sovereign State.
And whereas, it is more in accordance with the honesty, patriotism and sover- eignty for a State to accept her own than refuse so to do, upon the ground that such acceptance will corrupt her free and independent people, as the people of the United States are known to be by the written constitution of their several States, and the Constitution of the United States, and by their act from the day of the declaration of Independence to the present time: And whereas, it is the policy of the State of Alabama, from the great embarrassment in her finances, to resort to every legitimate source of revenue, whether from that source is derived much or little, to redeem her pledges, and to defray the expenses of her Government. Therefore,
Be it Resolved by the Senate and House of Representatives of the State of Alabama in General Assembly® convened, That it is expedient for the Legislature of this State to pass a law providing for the acceptance of the proceeds of the public lands according to the aforesaid act of Congress.
By a vote of 28 to 56, the House refused to adopt this resolu- tion, because at the time the Democratic party were opposed to the policy of distribution, regarding it as an offer to bribe the States with money. Mr. Howard doubtless anticipated the fate of his resolution, and he, too, may have agreed with Mr. Adams who voted for the measure in Congress. When a gentleman remonstrated with him at the passage of the bill, saying it was useless, as the States would reject it, Mr. Adams replied, "they will likely reject it at first, but it is money, and they will accept it after a while." And it turned out to be so with Alabama. The Legislature rejected it at this session, and the next; but in 1845 it was thought it would aid to the extent of a few thousand dol- lars in providing the means to pay the public indebtedness-so the Legislature passed a joint resolution to accept it.
JUDICIAL ELECTIONS.
As mentioned in the Governor's message, a vacancy existed by the resignation of the Hon. Henry Goldthwaite as Judge of the Supreme Court. In the meantime, the Hon. C. C. Clay had been appointed by the Executive to fill the place temporarily. Judge Goldthwaite having been defeated for Congress, desired to occupy his former station as a matter of justice for the sacrifice he had made; but it seems that Judge Clay was not disposed to yield as a mere party convenience. A competition ensued between
.
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Reminiscences of Public Men in Alabama.
these gentlemen, which was decided on joint ballot of the two Houses in favor of the former-Goldthwaite, 71; Clay, 55.
For the 3d Judical Circuit, the contest was longer and more stubborn, as the ballotings indicate :
1 st. 51,
2d.
For Walker K. Baylor.
For William Cochran 15,
For Sydenham Moore
35,
50, 14, 33,
33, 3d. 54,
12, 35, 30, 4th. 54,
12, 37, 30, 5Zh. 57,
11, 35, 26,
8, 39, 20,
57
For John W. Womack.
30,
For Judge of the 8th Circuit, George Goldthwaite and Abram Martin, Esquires, were in nomination, when the former was elected-the vote being 71 to 54.
For Judge of the 9th Circuit, Messrs. Sampson W. Harris, Green T. McAfee, L. B. Robertson, George D. Shortridge, John J. Steiner and George W. Stone, were in nomination.
1st
2d
3d
4th
5th
6th
7th
8th
1 9th 10th,11th
Harris.
25
24
37
39
39
33
30
7
9
4
McAfee.
7
4
3
*
Robertson.
31
29
*
Steiner.
9
9
4
*
Shortridge
40
42
46
49
49
52
52
51
56
Stone.
18
18
32
49 41
48 41
45
47
48
50
56
58
On the eleventh ballot, as shown by the above table, Mr. Stone was elected.
For the office of Attorney-General, the contest was still more earnest and protracted, seven gentlemen, to-wit: Messrs. Benjamin F. Porter, William R. Smith, Robert T. Clyde, B. L. Defrese, Thomas D. Clarke, Henry Stith, and Joseph Phelan, having been placed in nomination, with the following result:
1st
2d
3d
4th | 5th | 6th
7th
8th
9th
10th| 11th; 12th| 18th| 14th | 15th
Clarke.
21
21
18
24
25
28 5
35
42
41
37
41
44
51
60
65
Olyde.
17
14
14
10 31
9
Defreese.
24
25
23
23
30 27 18
34 31
8 35 36 *
39 36
40 39
34 42
$6 34
38 29
36 26
50 *
62
Phelan
22
20
19 15
16
Stith
13
13
12
13
9
5
*
Smith
18
18
15
10
9
12 11 6
3
6
6
4
12
14
13
16
*
The ballotings for Attorney-General occupied a portion of two days. On the 15th ballot, Mr. Clarke was declared duly elected.
For Solicitor of the 2d Circuit, Franklin K. Beck and Thomas J. Judge, Esquires, were the candidates, when the former was elected-72 to 56.
*Withdrawn.
*
Porter
14
16
345
6th. 62.
7th. 71 *
*
-
.
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Reminiscences of Public Men in Alabama.
For Solicitor of the 8th, known as the Montgomery Circuit, eight gentlemen were candidates, as the several ballotings will show :
1st
2d
3d
4th | 5th
Marion A. Baldwin
35
41
49
49
65
Samuel C. Dailey .
2
*
Rush Elmore ..
13
16
14
15
*
Elkin Heydenfeldt.
14
16
13
13
*
Lewis Kennedy
16
12
5
*
W. C. Ligon.
19
19
23
30
32
George C., Ball.
9
16
11
13
22
James M. Wiley
10
*
Mr. Baldwiu having received a majority of all the votes cast, was declared duly elected on the fifth ballot. .
MILITARY ELECTIONS.
For Adjutant and Inspector-General, Gen. James G. Carroll, the incumbent, and James W. Lang, were in nomination, when the latter was elected-72 to 48.
For Quartermaster-General, Messrs. Carter R. Harrison, James: H. Owen, James M."Norment, and John Arnett, were in nomina- tion. On the fifth ballot, Mr. Harrison received 62 votes, Mr. Norment 16, and Mr. Owen 43-Mr. Arnett being withdrawn. Mr. Harrison was, therefore, elected.
It may be proper to state, for the information of those who have never witnessed an election by the General Assembly, or who are not otherwise acquainted with the manner of proceeding, that a full vote of the two Houses on joint ballot is 133; that the roll has to be called on each ballot, and the name of every Senator and Representative entered upon the Journal, with that of the candidate for whom he voted. Thus, in the forty-five ballotings for the Judicial and Military officers noticed as of the session of . 1843, the names of the 133 members are repeated on the Journals of the Senate and House, until they amount to 12,000, or there- about, occupying 24 pages of the printed Journal. All this is un- avoidable, as the Constitution requires these entries to be made, as a permanent record. In the elections for Bank. Directors; in former days, when candidates by the score swarmed for each Bank, the trouble of conducting the ballots, and the expense of printing the Journals, must have been ten-fold.
Some of the gentlemen who were candidates for office at this session, have been noticed in the preceding pages of this work. To others I will now give my attention, as briefly as circumstances will permit.
* Withdrawn.
347
Reminiscences of Public Men in Alabama.
WILLIAM COCHRAN was a Northern man of Irish descent, who settled in Tuskaloosa some years prior to 1837, and became a law- partner of Gen. Crabb, which relation existed many years. He was a chaste scholar, modest and somewhat reserved, and his argu- ments in court were remarkable for clearness, maturity of prepar- ation, and force. On the trial of Washington Moody, Esq., in 1840, for killing Major John Cantley, in Tuskaloosa, Mr. Cochran was of counsel, with Mr. Ellis and the Hon. J. L. Martin, for the defense, and greatly distinguished himself by his cogent and elo- quent display on the occasion, which resulted in the acquittal of Mr. Moody.
The business qualifications of Mr. Cochran were of such a high order, that he was the Commissioner of every State in the Union, it is believed, for attesting the execution of deeds and other legal instruments, and for the taking of depositions, to be used as evi- dence in other States. Gov. Fitzpataick availed the State of his services as a Director of the State Bank in winding up that insti- tution, counting, registering, and burning the bills and blank im- pressions.
For several years the health of Mr. Cochran gave way under a pulmonary affection, and he died in the meridian of life, much re- gretted by those who knew his exalted qualities in professional and social life. He married a daughter of Mr. Hardin Perkins, of Tuskaloosa, which connection enlarged his influence and con- tributed to his prosperity. He always maintained a high position in society. He was a nephew of Dr. Cochran, of Pickens county, who married the worthy widow of Col. Joseph Blackshear, of Laurens county, Georgia, and sister of Col. William A. Tennille, the former Secretary of State at Milledgeville.
GEORGE W. STONE is a Tennesseean by birth and education, and settled in Talladega about 1835, where he at once entered upon the practice of the law, and his progress is shown by the office to which he succeeded in 1843, on the death of Judge Eli Shortridge, who, at the session of 1842 defeated him before the Legislature.
Judge Stone continued several years on the bench, and in 1849 his name was prominently before the Democratic nominating Conven- tion for Governor. Changing his residence to Lowndes county, he was enabled, by his legal attainments and experience, and his an- tecedents, to enter at once into a large practice. In 1855, he was elected an Associate Justice of the Supreme Court, which office he filled until the end of the war. In 1865, the Legislature en- gaged his services, in connection with John W. Sheppard, Esq., to prepare a Revised Penal Code, adapted to the change in the inter- nal affairs of the State, brought about by the results of the war,
348
Reminiscences of Public Men in Alabama.
and the Code now of force in Alabama is the labor of that Com- mission. Judge Stone is now engaged in the practice of the law in Montgomery, a partner in the firm of Stone, Clopton & Clan- ton. His promotion to high places, and the responsible trusts con- fided to him attest his legal abilities.
As a citizen and gentleman he is much respected, more on a'e- count of his high moral worth, than for any particular social quali- ties. Judge Stone has been a student a great part of his life, and early habits of application in stemming the currents of fortune with which he had to contend, while they have contributed to de- velop his mental faculties, did little toward the cultivation of the social. His present accomplished wife, whom he married in 1866, was Mrs. Wright, a daughter of Mrs. Harrison, formerly of Lowndes. The Judge is a prominent member of the Presbyte- rian Church. With fine literary attainments, he has written some good poetry, which has been published.
THOMAS D. CLARKE, elected Attorney-General, was from North Carolina, and came to Alabama when a youth, without patrimony, or much education; but through persevering efforts, and the practice of frugality, he was able to qualify himself for the bar, and settled in Talladega. He was not slow in attracting public notice, and in the summer of 1843 he was nominated by the Democratic party for the House, and was elected. After he obtained the office of Attorney-General, he changed his residence to Tuskaloosa, then the seat of Government, where his official duties required his presence. It is not unkind to say that he was ambitious of distinction, and that to open his way to advancement, he felt the necessity of applying all his energies to his profession, and to close study, as the means of success. In this praiseworthy labor, he perhaps overtasked his physical powers, and the failure of his health was the consequence.
Representing the interests of the State in the Supreme Court, where litigated points, civil and criminal, from Courts below, required investigation, the young Attorney-General summoned all his strength to sustain the dignity of his office and the interest of the State. He possessed a high moral courage which enabled him to grapple with difficulties of any kind. His aim was noble, and he proceeded straightforward in the line of duty. When he first appeared in his official character in the Supreme Court, he was a stranger to that tribunal, and was naturally embarrassed. But he toiled on, and by the courtesy of his manners, and the vigilance and efficiency he displayed, he soon became a recognized figure, with the respect of the Court. His rise in professional circles was rapid-the future bright and encouraging. As a gen- tleman, his habits were strictly moral and temperate. The dream
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Reminiscences of Publio Men in Alabama.
of life closed with him in 1847, ere he had reached the zenith. A few years previously, he had married a sister of James R. Powell, Esq., now of Montgomery.
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