USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 4
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The National pride of the comers from the different States was also apparent. That of the Virginians is known to all. They were proud of their ancestry and State, as well they might be; for theirs was the only State which had produced such men as Washington and Jefferson, and Madison and Monroe, and Patrick Henry, besides a host of others on the roll of fame. The Ten- nesseean was proud of the character his State had obtained in arms, in the battles of the Creek war, and at New Orleans. The Georgians placed a high value on their State institutions, which they considered preferable to any other, not only in the laws, but in their administration. The South Carolinians took pleasure in remembering the exploits and noble sacrifices of the Whigs of their State in the war of the Revolution, and the part they bore in achieving independence. 1192446
The North Carolinians were proud of their State for its fixed, steady habits and principles, and of the character of the men whose names adorned her annals, as Gaston, Stanly, Badger, Hay- wood, Macon, Mangum, and others, not to mention those who distinguished themselves in the Revolutionary period of 1776.
The early settlements of Alabama were by emigrants mainly from the States specified, although some of the first settlers were from Kentucky, and States further North. The Georgians settled in the eastern part of the State; further west and southerly were the North Carolinians and Virginians. These last also came in numbers to North Alabama, especially Huntsville, which they mainly settled. Tennesseeans found their way to Shelby and Bibb, as well as the counties of North Alabama. The impress of the characteristics of the early settlers, and the States and commu- nities from which they came, was strongly made in the sections
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where they resided. In the region about Montgomery the char- acter of the Georgians predominated for a long time, as did that of the Virginians and the Carolinians farther west and south, in Perry, Greene, Tuskaloosa, Marengo, Dallas, Monroe, and Wilcox. Huntsville is indebted no little to the Virginians and Georgians, who settled there at an early day, for the high-toned character which it has long borne, and has distinguished its people for intel- ligence and refinement for half a century.
Greene county has been perhaps more fortunate in the character of its early settlers than any other county. Men from different States settled there-pleased with the local surroundings and fertility of the soil-who vied with each other in developing a good state of society, for culture, reading, and general intelligence, not only in literature, but in the knowledge of agriculture; and their devotion to these objects was so eminently successful that thirty years ago it presented a happy condition, which, in a general pecuniary independence, coupled with intelligence and refinement, a high character for humanity to slaves, correct teachings, and affable deportment in both sexes, could rarely be found throughout an entire county. In 1844 the State census was taken, and in compiling them in a report to the Legislature, I could not but notice the distribution of slave property in the county-very few heads of families possessing more than one hundred, and few ranged below fifteen slaves.
Twenty-five years ago I heard a gentleman say he had occasion to be at Eutaw, the county-seat for Greene, on Monday morning of Circuit Court, and counted, as they arrived, upwards of a hundred fine buggies, occupied by well dressed, intelligent gen- tlemen, and drawn in most instances by fine horses. There are but few, if any, counties in the State of which this could be said.
Although the number is not very considerable, the emigrants from France are entitled to friendly attention in these pages. Soon after the downfall of the Emperor Napoleon, in 1815, many of his officers and adherents came to the United States as refugees from the vindictive persecutions set on foot by the restored Bour- bon dynasty. Among them were several Marshals and Generals of Napoleon, and other prominent citizens of France, with their families. Congress made a liberal donation of lands in the vicin-
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ity of Demopolis to the French emigrants, with the view of intro- ducing the culture of the grape and the olive. An account of this settlement, the hardships endured by the emigrants in the wilderness, their courtly social habits, and the proud and lofty principles which governed their conduct in adversity, has been published in Col. Pickett's History of Alabama, and also in other works more or less descriptive. In Marengo (named by the French), and the adjoining counties, the descendants of these refined and worthy foreigners constitute a pleasing element in the population to this day. Many of the names, still preserved, will at once suggest to the reader, when he hears them, the quality of the blood they represent.
CHAPTER II.
Regular Session of 1837.
When I entered the public service as Assistant Clerk of the House of Representatives, in November, 1837, the State was officered by men of experience in public affairs. Many of them came down to that period from the organization of the State gov- ernment, and had much to do in the administration of its affairs. There was marked ability in the practical experience with which the government was administered; and not a few younger men who were destined to a large participation of public affairs in the future history of the State.
The Hon. Hugh McVay was Governor, and succeeded to the' Executive as President of the Senate, to fill the vacancy caused by the resignation of Gov. C. C. Clay, on his election, at the called session in June preceding, to the Senate of the United States. Mr. Albert G. Gooch was Private Secretary to the Gov- ernor; Mr. Thomas B. Tunstall, long connected with the Legisla- ture as Principal Clerk of the House of Representatives, was Secretary of State; Mr. Jefferson C. Van Dyke was Comptroller
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of Public Accounts; Mr. William Hawn, Treasurer; and John D. Phelan, Esq., was Attorney-General.
The Hon. Henry W. Collier was Chief Justice of the Supreme Court, with the Hon. Henry Goldthwaite and Hon. John J. Ormond as Associate Justices. Henry Minor, Esq., was Clerk ; Hon. Benjamin F. Porter, Reporter.
The Senate presented a strong array of talent and character, as did the House of Representatives. In the former were Messrs. Jesse Beene of Dallas, George W. Crabb of Tuskaloosa, Thomas S. Mays of Montgomery, John A. Elmore of Lowndes, Sidney C. Posey of Lauderdale, Nathaniel Terry of Limestone, John T. Rather of Morgan, Samuel B. Moore of Pickens, John Rains of Marengo, Henry C. Lea of Perry, Joseph P. Frazier of Jackson, James B. Wallace of Lawrence, Daniel E. Watrous of Shelby, and J. M. Burke of Wilcox. Mr. Beene, Democrat, was elected President, without opposition; Mr. Charles D. Conner, Secretary, and Thomas B. Childress, Assistant Secretary; A. B. Thomas, Door-keeper.
In the House of Representatives were, Col. James W. McClung, Judge William Smith, and Dr. David Moore, from Madison; Messrs. James M. Calhoun and William S. Phillips from Dallas; John W. Womack of Butler, Charles Mc Lemore of Chambers, W. W. Morris of Coosa, R. A. Baker of Franklin, John Erwin, Solomon McAlpin, and D. P. Bestor, of Greene; J. L. F. Cottrell and R. P. McCord, of Lowndes; Benjamin G. Shields and William J. Alston, of Marengo; Samuel C. Oliver and Alfred Scott, of Montgomery ; Joseph Bates and T. L. Toulmin, of Mobile; Dunklin Sullivan and Columbus W. Lee, of Perry; W. W. Payne of Sumter, W. B. McClellan of Talladega, and Marmaduke Williams, Pleasant H. May, and Benjamin F. Porter, of Tuskaloosa. Many of these gentlemen had been connected with the Legislature at an early day, and some of them were subsequently advanced to higher positions of honor and trust.
Col. McClung was elected Speaker of the House over Mr. Shields. It is proper to say, in this connection, that Col. McClung had not affiliated with the Democratic party. He had presided over the House, at several sessions before the present, with marked ability, and was from the northern part of the State,
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where he was personally very popular, so much so that he received the votes of many Democrats. Mr. Gideon B. Frierson was elected Clerk ; William Garrett, Assistant Clerk; Thomas Price, Enrolling Clerk ; John Tatom, Door-keeper, and James Rather, Messenger.
The Governor's message was delivered by Mr. Gooch-was short, plain and pointed. The engrossing subject which occupied the public mind more than any other-the banks and pecuniary situation-was but slightly noticed, and most of the message was devoted to a consideration of the criminal laws. The Governor recommended strongly the establishment of a penitentiary, and a revision of the code of punishments, adapting it to such a system.
But the failure of the Governor to enlarge upon the banking system, and the best policy to be adopted, did not prevent the Legislature from taking up the subject. Indeed, they could not avoid it. The country was in the midst of a severe pecuniary revulsion, which had commenced the Winter before-a revulsion so pervading and damaging in its effects upon the business of the country, that the President of the United States had considered it necessary to convene Congress in extraordinary session, as did the Governor of Alabama in regard to the Legislature, to consider what was to be done to meet the terrible emergency, and prevent the bankruptcy and ruin which every-where threatened the people. The Legislature, at the called session, had authorized the issue of five millions in bonds, upon the faith and credit of the State, the proceeds to be deposited with the banks in just proportions, to be used in discounting bills and notes, looking to the relief of the people-to be loaned on one, two, and three years, upon approved paper, backed by a mortgage upon unincumbered property.
This failed to afford the relief sought and demanded by the exigencies of the times. Various, indeed, were the projects brought forward, looking mainly to the reformation of abuses in the management of the banks, which, all agreed, existed more or less. In the Senate, Mr. Riddle, of Greene, and in the House, Mr. Smith, of Madison, were placed at the head of the committees of the respective Houses, on the State Bank and Branches, and from them much was expected in directing the action of the Legislature in reforming the abuses and defects which were
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alleged to exist. Gov. Bagby, who was inaugurated at this session, submitted a special message to the two Houses, giving his views of the banking system, its defects, and the proper remedies. The . result of the legislation of the session in regard to the banks, was to provide for withdrawing from market and cancelling the unsold bonds, and organizing a Board of Control, consisting of three persons, who were to be appointed by the Governor, and exercise a supervisory control, with extensive powers. The Governor appointed John B. Norris of Mobile, Thomas Owen of Tuska- loosa, and Thomas Brandon of Huntsville, to constitute this Board.
INAUGURATION OF GOVERNOR BAGBY.
At the general election, this year, Mr. Arthur P. Bagby of Monroe, was elected Governor, over Mr. Samuel W. Oliver, of Conecuh. Both of these gentlemen had presided over the House , of Representatives as Speaker, with ability, and either, it was conceded, would fill the Executive with dignity and efficiency. Gov. Bagby was the Democratic candidate, and Mr. Oliver, while not extreme, and had been so acceptable to the Democrats that they assisted in electing him Speaker of the House, was, in this contest, ranged under the Whig banner. At the polls, Mr. Bagby received 21,800, and Mr. Oliver 17,663 votes-majority 4,137.
Gov. Bagby was inaugurated on the - day of November, 1837. I well remember the day, and the imposing character of the ceremonies. The Hall of the House of Representatives had been refitted and furnished with fine desks, chairs, sofas and otto- mans, and damask curtains, such as it never contained before. The capitol was besieged by a dense crowd of citizens from differ- ent parts of the State, who had come up, many of them attended by their families, to be present at the installation of the Governor elect; and the occasion was heightened by the fact, that the Execu- tive office had been filled for six months by one who was not elected by the people. As usual, on such occasions, the floor was invaded by ladies-the fair, intelligent daughters of Alabama- who filled the Hall and lobby, leaving little room for the members of the House and Senate. The press was so great that it was diffi- cult for the Committee of Arrangements, headed by Judge Smith, of Madison, and the Governor elect, to reach the Speaker's stand.
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The display was altogether civil, there being no military, drum or fife engaged. Gov. Bagby will be recollected by all who knew him in public life, as remarkable for the dignity and pro- priety of his bearing on State occasions-scrupulously attentive to dress and manner-in all of which, this day, he came fully up to the character he had long borne as a public man. After an impressive prayer by the Rev. Robert L. Kennon, D. D., of the Methodist Episcopal Church, the inaugural address was gracefully delivered, and was, indeed, a beautiful display of eloquence. The oath of office was then administered by Mr. Speaker McClung, in the presence of the two Houses and the vast andience, with an appropriateness of manner which none could excel and few equal. A ball followed at night, where merriment, display, and pastime afforded much enjoyment to the young people.
LEGISLATIVE LABORS.
In those days, afternoon sessions were generally resorted to the. second week, and business proceeded with energy in both Houses. The Legislature was made up, in the main, of substantial men of much experience, and close identity with the interests of the people; so much so that economy of time was regarded as a saving of money. The expenses of the State Government were drawn from the banks. There was no State tax collected; yet expendi- tures were closely scrutinized. How the capitol, or rather the Representative Hall and Senate Chamber, came to be so finely furnished that year, or by what authority, I never heard; but I recollect how difficult it was to get members to vote the appropri- ations to pay the bills; and nothing but the fact that it had been used during the session, and members felt that they were thus committed in good faith, secured the payment; for, if the appro- priations had been asked for in advance, it would most probably have been denied. To show how well the public treasury was guarded in those days, the Comptroller of Public Accounts was required by law to make a report of payments from the Contingent Fund within three days from the meeting of the Legislature, which report had to show every item clearly set forth; and this report was printed and laid upon the tables of members, who were apt to scan it closely. It is not my purpose, in saying this, to
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draw invidious comparisons with after times; but I desire to show in this respect the character of the men who guarded the public interest with watchful and frugal care, and have in this, as in many other things, left a good example for the imitation of their suc- cessors.
As already said, the banks and the pecuniary embarrassment of the people, formed the absorbing subject in both Houses; but there was much diversity as to the measures of relief, or, really, whether any legislation thereon would avail anything, unless it was directed to a reformation of the evils which had crept into the management of these institutions. It has been noticed else- where how this was gradually introduced, until really the whole system seemed to be imbued with selfishness and favoritism in the management, in utter disregard of the interests of the State and people, who were bound to make good the losses in the payment of the bonds. But it is astonishing how men are controlled in their opinions and actions in such a case by the complex surround- ings and difficulties of an undue influence. Many gentlemen were disposed to go the full length of measures for reformation, but were threatened in all their efforts by influences brought to bear upon a majority, who were led by the conviction that another policy would be better. And after getting in all the reports from the banks, exhibiting a fearful amount of suspended debt, and indebtedness by directors, they concluded that little else could be done than to change the regulation of directors, many of whom stood in an unfavorable light in the matter of indebtedness, etc.
As the time for electing the several boards approached, (the heel of the session,) candidates for bank directors began to arrive in great numbers. The charters allowed fourteen to each of the banks, making three score and ten, in the aggregate, to the State Bank and its four branches, and more than thrice that number were in attendance as candidates, thronging the capitol and be- sieging the rooms of members, and furnishing at the restaurants oyster suppers and other entertainments to secure votes. An anecdote illustrating this is here given. A member (Mr. Sullivan, of Perry,) died, and the House, in respect to his memory, resolved that the members wear the usual badge of mourning (crape on the left arm) for thirty days. This was a mark by which members
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were known, and was especially noticed by the candidates for the bank directorships who had not the advantage of extensive per- sonal acquaintance. It so happened that E. Herndon, of Benton county, in one of his trading excursions, came to Tuskaloosa about this time. He liked attention, was social in his feelings, and sharp and observant of the best means to accomplish his ends. Seeing the magic influence of crape on the arm in the attention it received, especially in the articles of good cigars, liquors, and oysters, he at once assumed the character of a member, by wear- ing the badge, and soon found himself the recipient of many civilities, and being that way inclined, he made a good thing of it.
Mr. Daniel P. Bestor, of Greene, a gentleman of high culture, and devoted to the cause of education, especially in the common schools, went to work early in the session, and applied himself assiduously to the improvement of that system upon the statute book; and to his efforts the State and the people are indebted for valuable progress in the school laws. This was the last session in which he served as a member, and I, who was frequently in association with him toward the close, could not fail to perceive that he seemed worried and somewhat disgusted. But he suc- ceeded, to some extent in his efforts some years afterwards when I occupied another department in the capitol. Mr. Bestor called one day, and in the course of conversation, in reply to the inquiry why he had so soon relinquished public life, he stated that the events of the session of 1837 had pretty well disgusted him with public life; that in canvassing his school bill among the members, * and advocating the efficiency of common schools, he was frequently met with the reply : "I don't know anything about your bill, but will say that I have a friend I want elected a bank director, and if you will vote for him I will vote for your bill."
This was the last election of directors by the Legislature until the charters were amended by reducing the number to six, and imposing restrictions which made the occasion a decent one. And it was well for the character of the State and of the Legislature that the change was made. In the elections this year (1837) there was an exhibition such as has been often witnessed at the ballot- box in times of political excitement and demoralization, not only by many of the candidates, but by not a few of the members.
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No rules, in joint elections by the two Houses, existed then, requiring a member to vote from his seat when his name was called in appropriate order, and at least one-third of the members failed to vote on the first call. Enough voted, however, to indi- cate the strength of candidates and the chances for election. Then the members who had purposely omitted to vote on the first call, had it fully in their power to elect, and thus secure an influence with the directory. And they did so, doubtless, to a great extent. So disgusted was a majority of the members at this conduct, that early in the next session a joint rule was adopted which removed this evil in the future. I would not have it inferred for a moment that all the candidates for directorships, or members of the Legis- lature, were involved in this canvass. Many of the former were not at Tuskaloosa during the session, but remained at home, depending on a good reputation to carry them through, and quite a number of such men were elected; and a large majority of the members were devoted to a reformation in the management of the banks, especially in the directorships, and had the satisfaction to procure the defeat of many candidates who were considered unworthy of confidence.
STATE COTTON AGENCY.
At this session the subject of selling produce in Mobile by commission merchants was ventilated and thoroughly discussed. Mr. L. A. Weisinger, a member of the House from Perry, brought in a bill intended to provide against alleged abuses in the sales of cotton, by establishing a public ware-house, and selling cotton under the patronage of the State, through officers appointed for that purpose. The debate took a wide range, and consisted no little of allegations, the offspring of pecuniary difficulties and losses. Judge William Smith, of Madison, took the lead in sup- port of the bill, assisted by Mr. Weisinger and others-Mr. Martin of Benton, Mr. Cottrell of Lowndes, and Mr. Columbus W. Lee of Perry. Gen. Bates of Mobile, opposed the bill at every step, and never faltered in meeting and repulsing the many attacks made upon the business men of Mobile; and when, at last, seeing the bill would pass, he proposed an amendment inflicting penalties on planters for impositions practiced upon commission
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merchants in getting advances on cotton to be shipped, and selling it afterwards to other persons, and for plating cotton by good qual- ities on the outside of a bale, from which samples are usually taken, while the interior was often filled with a very inferior kind, and even in some with seed and rubbish. The previous question was called and sustained, cutting off the amendment, and the bill was thus forced through.
I feel it my privilege to speak of this legislation (1837) in terms of disapprobation, for the tone and spirit manifested in the debate, and in the provisions of the bill, against the commercial emporium of the State, which really should have received the fostering care of the Legislature. Instead of this, the debate, in its charges against the place, in general terms, was calculated to produce an undue prejudice abroad. That there had been some transactions by commission merchants, in their dealings with planters, which could not be defended, was possible. Such take place, more or less, in all channels of business. But it was seri- ously doubted by many cool, deliberate men, whether the mer- chants of Mobile had not suffered even more from the tricks of the planters, than the planters had suffered from merchants. But a revulsion was upon the country. Men suddenly found them- selves poor and straitened so suddenly after a season of unexam- pled prosperity; and the public mind was so generally exercised in misgivings and repinings, that they must have a victim. In this case the victims were the commission merchants and business men of Mobile; for the provisions of the bill were indiscriminate.
Mobile never had a more faithful Representative on the floor of the House than Gen. Bates proved on this occasion. He made a protest against their action in the passage of the bill, and many a member winced while it was being read in the House. It was bold, truthful, pointed, and rather denunciatory of the majority, and vindicated his constituents manfully against the insinuations and aspersions contained in the bill. So strong was it, that after it was read a member moved to lay the protest on the table, alleging that it cast personal reflections upon the majority, and especially upon some members of it; and that under the privilege of the protest he had attacked personally the motives of members. In reply to this imputation, Gen. Bates in his place declared that
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