USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 42
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Reminiscences of Public Men in Alabama.
COLUMBUS W. LEE, of Perry, was probably a Georgian, although of this I am not certain. My first acquaintance with him was in 1837, when he was a member of the House, in which he had served previously, and was prominent in the State Right's party which, for several years, held the balance of power in the Legis- lature. He drifted into the Democratic party, in connection with many gentlemen of his creed, upon the Sub-Treasury policy of Mr. Van Buren. He was in private life a while, and perhaps on one or two occasions defeated, until 1844, when he was elected, and served through the session.
In 1852, Mr. Lee was on the Democratic Electoral Ticket, and helped to cast the vote of the State for Pierce and King. In 1860, he was upon the Douglas Electoral Ticket, and canvassed for that gentleman. His convictions led him to oppose the policy of secession in 1861, although he went with his State in her sub- sequent efforts for defense. In 1865, he was a delegate from Perry county to the Convention which framed the Constitution of that year, and soon thereafter canvassed for Congress in oppo- sition to Joseph W. Taylor, Esq., and was beaten.
While in the Legislature, Mr. Lee exhibited traits of character which marked him as an original speaker, and master of thought and sarcasm. His comparisons were usually drawn from nature in her grotesque moods; and with his fine, large person, and beaming face, and strong voice, and a supply of language which seemed to express more, and to do more execution when he brand- ished his tomahawk in debate, than any man I ever heard speak; he could crush his antagonist at a blow, or hold him on the rack of torture until his nerves quivered with agony, as if for amuse- ment. An instance of this scathing process will be related.
A bill touching the interests of the State University was before the House, when a young member, serving his first session, rose with considerable pretension and pomp, and began to administer a lecture to the more experienced class, on their duties generally as legislators, and signified that they were wholly incompetent to make laws for the government of the University-an honored in- stitution of which they were ignorant, as few of them had ever pursued a course of studies there, to qualify them for a proper dis- charge of their public duties. He (the speaker on the floor) had the honor of being a graduate of the University, and he felt it his duty to throw light on a question little understood by men who had never been through college. He then proceeded to deliver his views with scholastic fastidiousness, and finished what he consid- ered the ablest effort which the session had called forth.
Mr. Lee instantly took the floor in reply, and commenced by saying, that the House and the country ought to be under great obligations to the gentleman who had just taken his seat, for the
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information that he was a graduate of the University; for he was sure they never would have found it out any other way. He had observed the gentleman as a member, that he addressed the House with much precision of language and manner; but still it had never occurred to him that he was a graduate of a University. He had noticed the gentleman's fine cloak, which he wore in the " Middle Temple" style; his high-heeled boots; his fine whiskers, so fashionably designed and carefully cultivated; and his kid gloves, worn and handled so gracefully; but still, it never had oc- curred to him that he was a graduate of a University. And in that vein Mr. Lee went on until he had covered the young man all over with ridicule, and brought the House to a general roar of laughter at the expense of his victim. Such were his faculties in this direction, spontaneous and overwhelming when provoked, that Mr. Lee was a man to be equally admired and feared. He was by no means captious, or easily offended, and had no malice whatever in his composition. The power flashed from him appa- rently without an effort, and was the more destructive to his antag- onist, because it seemed so natural.
Mr. Lee made himself familiar with most public questions, and was a giant in debate. His appearance on the floor, in the majesty and expression of his features, reminded one of the Earl of Chat- liam, in the House of Peers, who, grand as he might show himself in debate, always seemed to hold back his strength, and to reserve better thoughts than he had uttered.
Through energy and good management, Mr. Lee had succeeded in acquiring a large property in the neighborhood of Union Town. He was a member of the Baptist Church, and died in 1868.
WILLIAM S. PATTON, of Sumter, was a Brigadier-General of militia, a Democrat of some position and influence, and withal a gentleman in his, deportment and character. He removed to Mis- sissippi not long after the session of 1844, through which he served in the House, became a member of the Legislature of that State, and Speaker of the House of Representatives. I have lost sight of him for several years. He was a member of the Methodist Episcopal Church.
PHILIP PHILLIPS, of Mobile, was a native of South Carolina, and was a member of the Convention in that State which passed the Ordinance of Nullification in December, 1832, though, as the record is not before me, I am unable to say whether he voted for or against that measure. He married Miss Levy, a very beautiful and accomplished lady of Charleston, and removed to Alabama, settling in Mobile, to practice law.
The first time I ever saw Mr. Phillips was in 1838, when he
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was President of a State Democratic Convention at the Capitol. His personal appearance was commanding and dignified. In 1844, he was elected to the House, and placed on important Committees, reports from which, through him, have been noticed in a preced- ing chapter. He was a strong debater, and very attentive to the public business, by which he gained a high reputation among his fellow-members. Though always affable and courteous as a gentleman, he seemed to care very little for social enjoyments when they in the least interfered with his legislative or profes- sional duties.
In 1851, he was again elected, and took his seat in the House amid the agitation and confusion which arose from the mingled topics of Union, Compromise, State Rights, and fire-eating, into which different parties were arranged, all presenting a medley of political questions which were brought into the House, of rather an embarrassing character. Mr. Phillips, who seemed to comprehend the situation, was cautious and prudent. His speeches on some of the important questions sprung early in the session, placed him at the head of the Democratic party, and this position he occupied with increased influence throughout the session.
He was made Chairman of the Committee on Internal Im- provement, and in discharging the duties of that place, he' evinced a very accurate knowledge of the wants and interests of the State in the line of development, in bringing her resources into action, and thus increasing, not only her commercial facilities, but her revenue from the augmented value of taxable property. His report on this subject was a masterly paper, of which a large number of copies were ordered to be printed for circulation among the people. This document attracted much notice, even beyond the limits of the State, for the ability it displayed.
At a Democratic Convention, in the Winter of 1851, which resulted in the reorganization of the party on a platform resolu- tion offered and advocated by Mr. Phillips, he was appointed a delegate from the State at large to the National Convention at Baltimore, and participated in the nomination of Mr. Pierce for the Presidency. In 1853, he was the nominee of the Democratic party for Congress in the Mobile District, and was elected over the Hon. E. Lockwood, his Whig competitor. In Congress, Mr. Phillips made a strong and favorable impression by his talents in debate, and by the superior intelligence which he brought to bear on all questions of National policy. He was recognized as among the leaders of the House.
Before the expiration of his term in Congress, Mr. Phillips was mentioned by papers in various localities in the United States, as a gentleman well qualified to take charge of the Navy Depart- ment, and there is no doubt, had he been selected, he would have
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made an efficient Secretary. Indeed, no safer counsellor could have been invited into the Cabinet. He left Congress with a National reputation, of which any man may be proud. Since that time he has been engaged in the practice of the higher courts, particularly at Washington.
When New Orleans was captured by the Federal gun-boats, under the command of Admiral Farragut, in 1862, Col. Phillips, with his family, was residing in New Orleans. For some cause, Mrs. Phillips incurred the displeasure of Gen. Butler, the military commandant of the city, who banished her to Ship Island, where she was detained several months in captivity. In the meantime, her proud Southern spirit never quailed, and she remained firm to the last in the opinions she had expressed, and in the look of scorn she had cast on the invaders of her home, for which her punishment had been decreed by an officer who seemed to delight in torturing ladies, who happened to avert their gaze from disa- greeable uniforms, and to give the widest room on the pavements.
The newspapers at the time were filled with the particulars, and with comments on the harsh proceedings against Mrs. Phil- lips. She became quite a heroine, and to this day is remembered with admiration by all generous minds, as one of the first victims which rendered a certain administration in New Orleans immortal for-eccentricity.
Col. Phillips has acted a conspicuous part in political and pro- fessional life, throughout which his honor has been untarnished, and his usefulness acknowledged. The respect and plaudits of the people of Alabama accompany him in his retirement.
NATHANIEL J. SCOTT, of Macon, entered the House as a mem- ber first in 1841. He was again elected in 1844, and served with commendable zeal and fidelity the large and wealthy county of his residence. In 1847, he was elected to the Senate, and served during that session, after which he retired, and gave his attention more closely to the business of planting, by which he accumulated a large property. He devoted much of his time and energy to the establishment and building up of the East-Alabama Male College, at Auburn, under the patronage of the Methodist Epis- copal Church, and was for many years a Trustee.
Mr. Scott came from Georgia, and possessed the indomitable perseverance for which the men of that State are remarkable. His will and his resolution admitted no failure in his plans and efforts. Sometimes he appeared to lack that prudence and cul- ture so necessary in a public man. He was, however, the uniform supporter of sound measures of legislation, and was the friend and patron of temperance for a season. This excited opposition to him in some quarters, and with a popularity waning, he relaxed
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his temperate habits, and indulged in the social element, perhaps to obtain favor with the enemies of his past exemplary course. The penalty of such indulgence visited him ere long, and he died a few years ago in the meridian of life.
JOSEPH SEAWELL, of Mobile, was born and educated in North Carolina. He was a son of the Hon. Henry Seawell, who was appointed by President Monroe a commissioner under the treaty of Ghent with Great Britain, to award for the slaves, taken during the war of 1812; and was also appointed, in 1811, Judge of the Superior Court, which office he held at the time of his death in 1835.
About the year of his father's death, Mr. Seawell settled in Mobile as a lawyer. He was elected to the House in 1844, on the Democratic ticket. In 1845, he was returned to the Senate, and served through that session. In 1847, he was elected by the Legislature, Judge of the County Court of Mobile, which was regarded as one of the most lucrative offices in the State. When the election was given to the people in 1850, he was left out, and has since remained in private life.
Mr. Seawell was a gentleman of fine social qualities, and ex- celled in humor and anecdote. His company was much sought, for the entertainment it afforded. As a legislator, he was atten- tive to the proceedings of the House, and occasionally mingled in the debates with fair success. His youthful mind had been daz- zled by such advocates and jurists as John Stanly, William Gaston, Francis L. Hawks, George E. Badger, and Louis D. Henry, of the North Carolina bar; and the comparatively dry practice of the Alabama Courts-its system of special pleadings, and its subdued style of oratory-seemed to have no great attraction for him. At least such was the reasonable inference from his moody contem- plations of the past, and the passive interest with which he regarded men and things around him. As a gentleman, as a law- yer, and as a legislator, Mr. Seawell was held in high estimation by those acquainted with him.
THOMAS WILLIAMS, JR., of Montgomery, was born in Williams- burg District, South Carolina, in the year 1789, and was admitted to the bar at Charleston in 1811. He was a member of the Leg- islature from 1820 to 1834, and was strenuously opposed to the doctrine of Nullification. In the fall of 1835, he removed to Alabama, and settled in Mobile as a lawyer, where he remained a few years, and in 1841 he changed his residence to Montgomery, from whence he was elected to the House, as a Whig, in 1844.
To those who are acquainted with the eminent abilities of Col. Williams, it is unnecessary to say that he at once occupied the very
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highest rank as a debater and business man, in the Legislature. His great experience in a similar body in his native State, where he was among the foremost even there, gave him a maturity and ease in the proceedings which no other member possessed, and which justly secured him great influence.
In 1840, Col. Williams was on the Whig Electoral Ticket for the support of Gen. Harrison and Mr. Tyler, and made a number of speeches in the canvass. His long intimacy with politicians of the highest stamp, and his controversies with them in South Caro- lina, made him perfectly at home on the hustings. Of course, the ticket failed of success, against the large permanent Democratic majority in Alabama.
But it was in the character of an advocate, that Col. Williams appeared to most advantage, and, in this, he probably had no su- perior in the State. In 1840, he assisted the Attorney-General in the prosecution of Washington Moody, Esq., a member of the bar, for killing John Cantly, late a merchant in Tuskaloosa, and a Bank Director. The trial was had at the March term, 1840, of the Circuit Court of Tuskaloosa county-the Hon. Peter Martin, Judge, presiding. The counsel for the defense were Messrs. Harvey W. Ellis, William Cochran, and Joshua L. Martin. For the State, Mr. Attorney-General Lindsay, and Col. Williams.
Another case of homicide was tried in Tuskaloosa, in which Col. Williams appeared to great advantage for the defense. In 1839, Thomas Jemison, a mere youth, while in a state of inebria- tion, killed an Irishman named Dailey, the keeper of a drinking saloon. Young Jemison belonged to a wealthy family, of great influence, who, to avoid the consequences of a trial when public opinion was so strongly against him, sent him to Europe, where he remained several years. In the meantime, the relatives of Mr. Jemison had generously provided for the widow and child of Mr. Dailey, and in 1846 the excitement had subsided, when the exile returned to stand his trial. On this occasion, Col. Williams was the leading counsel, who displayed great tact and ability in the management of the defense. The closing part of his speech was truly eloquent. He acquitted his client, and thus removed the painful suspense of the community which had existed for seven years.
From the "Bench and Bar of South Carolina," by John Belton O'Neall, LL.D., President of the Law Court of Appeals and the Court of Errors, published in 1859, a few extracts are submitted :
I first saw Col. Williams at Union Court-House, at an adjourned term of the Court, held by Judge Johnson, in August, 1818; and there I first had the pleasure of hearing one of his forensic efforts. He then seemed to be worthy of the posi- tion he had long held in our Courts as one of our ablest jury lawyers.
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After mentioning several incidents in the legislative and pro- fessional career of Col. Williams, and noticing some of his able arguments in the Court of Appeals, (2. Hill, p. 132,) the author concludes :
Colonel Williams, in a Court-House and before a jury, was one of the most plausible, forcible, and successful advocates whom I have ever heard. He never pretended to be a learned lawyer. I recollect his saying to me, relative to the case of Howard vs. Williams, 1st Bailey, 575: " I always understood the law better when ruled in my own cases."
When I speak of him as a jury-lawyer, I do not mean to detract from him in other respects. I have heard him make many, very many fine arguments in the Circuit Court of Equity, and in the Court of Appeals.
Colonel Williams, when I last saw him, was a fine specimen of a Carolina gen- tleman, fully six feet high, of athletic frame and proportion, complexion and hair dark, with a remarkably intelligent face, manners courtly and polished. Time, I know, has, ere this, blanched his raven locks, dimmed the lustre of his eyes, and shaken that frame which was once unyielding. Still I know, that, although he may soon see three-score-and-ten, he, like my venerable friend, Governor Johnson, said of himself, he has "a young heart," and one which beats true to wife, children, friends, and country. [Vol. II, p. 459.]
Col. Williams has been dead several years.
CHAPTER XXIV.
Governor Martin's Election -Session of 1845-Judicial and Legislative Sketches.
The year 1845 was noted for the political excitement which attended the canvass for a successor to Gov. Fitzpatrick, whose term of office expired in December of this year. Col. Nathaniel Terry had many friends who urged his claims to the honor. A Convention of the Democratic party was called to meet at the Capitol in May, to make a nomination. From some cause, there was not a general interest in holding public meetings in the con- test, and but a thin convention, in numbers, appeared on the day. The boat from Mobile, with the delegates from that and other river counties, was detained, and in view of their thin attendance, it was proposed to adjourn until the next day.
The friends of Col. Terry thought a nomination of their favor- ite more certain with the material present, and so voted down every proposition for delay, and proceeded to nominate him as the candidate for Governor, and adjourned the same day. Sev-
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eral members of some prominence protested against the action as hasty, and unjust to the delegates on the way, who had been kept back by accidental detention on the river, and read their protest aloud in the Convention, which paper was afterward printed and scattered abroad.
The Whig editors and leaders, defeated the year before in the Presidential election, thought they saw signs of party trouble, and were not slow in fomenting it. Dissatisfaction showed itself in many localities, and succeeded in bringing upon the turf, as the competitor of the nominee, Chancellor Joshua L. Martin, a life- long Democrat, who had been intimately connected with its organ- ization from the existence of the State-a North-Alabamian by long residence, where he had been Judge of the Circuit Court and Representative in Congress, and since then had been upon the Chancery bench in Middle-Alabama, and who, withal, had a large and influential family relationship in several important localities of the State. In facing him, Col. Terry had to contend with many difficulties. And then he and his friends made a great mistake in the temper of the people, and in relying too much upon the conclusive strength of a Democratic nomination.
Before the day of election arrived, the excitement in the Dem- cratic party was at fever heat, from the friction of dissension and division. After the certainty of opposition was manifest in the party, the Whigs said but little, taking the ground that it was a family quarrel with which they had nothing to do; but at voting time, the largest portion of the Whig party, of course, voted for Chancellor Martin as against the nominee, to promote discord in the Democratic ranks, and thereby, if possible, to weaken their organization which had hitherto been compact and invincible. The result was, that Col. Terry was beaten by about 5,000 majority, the first Democratic defeat that had ever taken place in a State contest, and, in consequence, many long faces were to be seen in most quarters where the usage of the party, and its regular nom- inee, was always accepted as a matter of course, until this fatal departure from the old political landmarks.
The writer remembers the effect when news of the final result arrived at Tuskaloosa, the Saturday night after the election. The mails were in from the East and North-east, including the district of Gen. McConnell, who had himself bolted the nomination of Mr. Rice, and opposed him as an independent candidate for Con- gress, increasing thereby not a little the political demoralization that was extant. By the time the mail was assorted for delivery, a large concourse of Terry-men had assembled on the pavement about the Post-office, and when the door was thrown open, and the news proclaimed which settled the election beyond all doubt, I very much question whether a cannon charged with grape, and
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fired along the pavement, could have cleared it much sooner. It was quite dark, cloudy, and a storm approaching, and the defeated Democrats concluded to take shelter at home. The writer knows one of that party who, upon that occasion, traveled a mile in the dark, without any political light to direct him, and went to sleep, to dream of the uncertainty of elections, and the instability of party organization, once in a while.
This year, elections were also held for Congress, and resulted in the choice of the Hon. Reuben Chapman, in the Huntsville District, without opposition. Gen. George S. Houston, in the Flor- ence District, was reelected in like manner. In the Tuskaloosa District, there was an animated contest between Mr. Payne and John Erwin, Esq., in which the former was successful by a large majority, In the Mobile District, Judge Dargan and Col. Dunn were the representatives of their parties in the contest, and the former was elected. Having returned from his foreign mission, Mr. H. W. Hilliard was presented by the Whig party as its can- didate in the Montgomery District, and Mr. John Cochran entered the list on the side of the Democratic party. The canvass was conducted with ability, amid a good deal of enthusiasm, and some excitement; but Mr. Hilliard received the commission at the hands of the people. In the "Bloody Seventh," as it was called, the friends of Mr. Rice out-managed those of Gen. McConnell in a district convention, and so he was nominated. Gen. McConnell contended from the start, that he was already in position as the nominee of a previous convention, ratified by the people, and that he was not going to be put off in any such way. So he declared himself an independent candidate, and the contest was vigorous on both sides; but the General was victorious, leading the nominee in the District by hundreds, if not thousands.
The events, speeches, anecdotes, repartee, and retorts of this canvass would fill a volume, illustrating the character of the con- testants in that species of warfare, their ready wit and inexhausti- ble resources on the stump. The times then seemed to be propi- tious for such weapons of attack and defense. One instance only will be related. It can hurt nobody, inasmuch as Judge Rice was signally vindicated from the charge, by a vote of the Legislature. He had hinted in a speech that Gen. McConnell would indulge too freely in a social glass; in fact, that the habit had been so long continued, that he was out of his element when sober, and suffer- ing, as he would say, with "water brash." The people had come to regard him as social and convivial, and so he indulged and treated. The objection was repeated in one of the counties, to which Gen. McConnell, quick as lightning, replied :
Fellow-citizens, I know you have a poor chance for a Representative in Con- gress; for you have to take Felix McConnell, the walking demijohn, or my oppo-
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