USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 44
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It is believed that the amount, now in suit against those who refused to accept the provisions of the act of the last session of the General Assembly, in re- gard to Bank debts, added to one-half of the debt extended in virtue of that act, and the sum to be raised, will relieve the pressing necessities of the State. The propriety and importance of prosecuting these suits, and enforcing collections, when all the circumstances are properly considered, must be obvious. The reason- ableness of the terms proposed by the act is perceived, when we remember that most of these debts were contracted more than seven years ago, for money lent; and for which indulgence had been given from time to time, to that period. By that act, they were required to pay one-third only, of the amount due; a sum
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Reminiscences of Public Men in Alabama.
which was imperatively demanded by the necessities of the State, to meet her own liabilities. Punctuality on the part of our debtors, in meeting all reasonable de- mands upon them, is now all-important to the State; for upon this may depend the preservation of our faith and credit. If these debtors are put upon an equal footing with those who paid as required, the precedent will encourage a disregard of our demands; and punctuality will cease to be a virtue. A controlling reason is found in the consideration, that less than the proposed collection will not place beyond contingency, our ability to meet the demands of the State. And we are bound in justice to the great body of our constituents, who are without fault, and who have received no benefit from the Banks, to save the honor of the State from peril; even if it requires some sacrifice by those who have been so long in the en- joyment of Bank accommodations.
The time has arrived when we should cease to dally with this subject; when, by a firm adherence to the enactments of the Legislature, and a faithful execution of them, it should be made manifest that they are intended to effect the object in- dicated by their provisions. Bank debtors should understand that the laws are intended to operate equally upon all; not to spend their force upon one portion, who regard them ; then to be changed and modified to suit the convenience of other portions, who treat them with neglect.
There is an obvious propriety in extending to agents entrusted with the duty of making collections, every aid in our power, to facilitate their efforts. And while no one can be less inclined to do unnecessary injury, either in feeling or interest, to our debtors, than I am, I can not doubt, that in ascertaining the course proper to be pursued, it is our duty to consult the interest of the State, untrammeled by any unreasonable apprehension as to the effect which it may have upon them. The aid of our citizens should be invoked. They are directly interested in this great subject, being responsible for any deficiency, in the form' of taxes to discharge our State liability. With this view, I submit to your consideration the propriety of publishing in such form and manner as may cause it to reach our citizens gen- erally, a list of the names of the bad, doubtful and unknown debtors; with the amount due from them respectively. The people of the State have the right, at any rate, like all other creditors, to know who their debtors are. And I entertain no doubt that our collecting agents would acquire much assistance from informa- tion, which this means would cause to be communicated. Those debtors could have no cause to complain. They are in default. They have no right to withhold from the State any of their effects. And if any are withheld, every means should be essayed to discover and apply them.
In connection with this subject, I submit to your consideration the propriety of causing a rigid scrutiny in the conduct of the officers, attorneys and agents, under whose management the astounding losses to our Banks have accrued, holding them to strict accountability. Such an inquiry seems to be called for, as well for the purpose of enforcing justice from delinquents, as to relieve those who have been faithful from unmerited imputation. For our constituents justly consider it difficult to perceive how the affairs of our Banks have been brought to their pres- ent condition, without great and culpable mismanagement in their officers, attor- neys, and agents. When these things shall have been done; when all shall have been collected that can be collected; when the burden shall have been made as light as it can be made: our patriotic citizens will not shrink from it. Though it be heavy and bear hard upon them, they will not falter under it. They will pay whatever may be necessary to sustain the plighted faith and honor of the State. They will march forward with their treasure, as heretofore they have done, not only with that, but with their blood also, to preserve untarnished our fair escutch- eon. On our course now, theirs may depend hereafter. I hope, therefore, I may not be considered too importunate, when, in the name of everything dear to us, I commend this subject to your most deliberate consideration.
J. L. MARTIN.
The message was laid on the table, and 5,000 copies ordered to be printed.
The result of the legislation in regard to the Banks, was the
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Reminiscences of Public Men in Alabama.
passage of a bill, entitled, "An act to settle the affairs of the Banks, and to apply the assets to the payment of the State bonds." This law constituted Francis S. Lyon, of Demopolis; Benjamin Fitzpatrick, of Autauga, and William Cooper, of Florence, Com- missioners to take charge of the assets of the Banks for the pur- pose indicated in the title. Gov. Fitzpatrick declined serving, and Gov. Martin appointed Gov. Clay in his place, who accepted, and these three gentlemen had the assets in hand two years, until the meeting of the Legislature, in December, 1847.
JUDICIAL ELECTION.
Several elections occurred this session worthy of note. That for Judge of the Third Circuit was a contest which, for stubborn- ness and the number of ballots, has never had a parallel in the State. The candidates were Lincoln Clark, George D. Short- ridge, Ptolemy T. Harris, John W. Womack, and Thomas A. Walker, Esquires. The following are the ballots:
Ballots.
Clark.
Shortridge.
Harris.
Womack.
Walker.
First
17
29
38
19
23
Second
17
25
39
22
24
Third
16
28
37
23
23
Fourth
12
29
39
23
25
Fifth
11
32
37
21
23
Sixth
8
34
37
21
24
Seventh
8
34
37
24
22
Eighth
8
34
40
22
23
Ninth
8
34.
35
22
27
Tenth .
.17
28
35
19
25
Eleventh
14
32
37
21
22
Twelfth.
11
34
38
20
24
Thirteenth
12
30
37
21
24
Fourteenth
7
31
36
19
27
Fifteenth .
6
35
41
23
23
Sixteenth
5
32
42
20
25
Seventeenth
6
32
42
17
26
Eighteenth
5
35
40
15
26
Nineteenth
7
41
49
*
30
Twentieth .
6
42
49
27
Twenty-first.
4
4.4
50
24
Twenty-second
5
44
49
26
Twenty-third
7
47
53
18
Twenty-fourth
10
59
55
Twenty-fifth
6
63
56
Twenty-sixth.
5
62
57
Twenty-seventh
*
65
57
*
* Withdrawn,
Reminiscences of Public Men in Alabama. 423
After the tenth ballot, the Convention of the two Houses ad- journed until the next day, when the ballots were continued, resulting in the election of Mr. Shortridge.
LINCOLN CLARK was a Northern man by birth and education. After his removal to Alabama, he resided a number of years in Pickens county, as a practicing lawyer, and for one or two sessions represented that county in the House. He then removed to Tus- kaloosa, and was for many years associated with E. Wolsey Peck, Esq., under the firm of Peck & Clark, who had an extensive practice at home and in the neighboring counties.
In 1845, Mr. Clark was elected to the House from Tuskaloosa county; but a vacancy occurring on the Circuit bench, by the death of Judge Baylor, he reluctantly consented at the request of his friends, to accept the appointment tendered him by Gov. Fitz- patrick, and therefore resigned his seat in the Legislature. He held the courts of the Circuit for the Fall riding, but his election was defeated in the Legislature at the ensuing session, and thus he lost the double honor. Judge Clark had no address, no man- agement, to cope with adroit men in the hunt for office. His man- ners were not popular, and had some degree of sternness, more repulsive than otherwise upon first view. It required a close ac- quaintance with him to understand and appreciate correctly his true qualities.
While a candidate for Judge, he was charged with having sym- pathized in the opposition to Col. Terry for Governor, which gave offense to many Democrats in the Legislature, who, for this reason alone, voted against him. His strength with the party was tried at a Nominating Convention for Congress, in the Tuskaloosa Dis- trict, in 1847, in which he received quite a flattering support, but his friends failed to obtain the nomination for him. In 1848, he removed to Iowa, and settled at Dubuque, where his relations were at once established with the Democratic party. In 1852, he was an Elector on the Democratic ticket, and voted for Pierce and King. In 1853, he was elected to Congress from that State; but was afterward defeated upon the new political questions, which ultimately destroyed the supremacy of the Democratic party in the North-West.
Personally, Mr. Clark was a good man, and for many years was an elder in the Presbyterian Church at Tuskaloosa. Some unfair prejudices, though of limited extent, were indulged against him on account of his nativity; but he had taken his lot in the South, and there was no just cause for suspicion or distrust. He faithfully discharged all duties which devolved upon him in social or professional life.
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Reminiscences of Public Men in Alabama.
Soon after the death of Gen. Andrew Jackson, in June, 1845, Mr. Clark was selected by the citizens and societies of Tuska- loosa to deliver a eulogy on that illustrious citizen. The task was well performed, as may be seen by the pamphlet of forty pages, published at the request of those who heard it.
The eulogy closes in the following manner:
Illustrious man! thy course is finished but to be begun! It is true, but few can wear the descending mantle, but all may drink at the fountains of truth, which thou hast defended, and guide their way by the lights which thou hast hung out! And here we pause, for who can trace the Spirit's way, in its chariot of fire, though the radiance of ten thousand luminaries be scattered upon its track in its upward progress-who can stretch away in the strongest powers of his inner being, to behold the opening portal, or hear the voice of the illimitable harvest of ransomed minds, as like the voice of many waters it goes up in long, and loud, and sweet ascriptions of adoration to Him who redeemed them by his life ?
Though this may be too much for our grosser powers, and our unsublimated natures here, we can bring our service of thanksgiving, devotion and faith, as we now do, and lay it upon the altar of our country and our God.
HON. PTOLEMY T. HARRIS was a native of Georgia, and brother of Hon. Stephen W. Harris, who was a Judge of the Superior Court of that State from 1813 to 1816; and also a brother of the Hon. Thomas W. Harris, who was Judge of the Superior Court from 1819 to 1824, and from 1837 to 1841.
Judge P. T. Harris settled in Alabama at an early period. He was on the bench of the First Circuit, in 1832, where he con- tinued until 1841, when he resigned, and went into the commis- sion and factorage business in Mobile, in the result of which he was disappointed, and now sought, at the session of 1845, to re- sume his official position. He had been a strong man in such contests in his day, as manifested from the constant vote he re- ceived through the many ballots, a statement of which has been given for the Third Circuit; but he committed the mistake of letting go. His path in this direction was hitherto unmolested ; but he now found it contested by younger men, who had grown up while he was on the bench, and were now asserting the rights of "Young America." However, he made a manly fight, as the figures show. He possessed strong points of character, was a gen- tleman of large, tall, commanding person, was a Whig, and in other days, had his full share of influence. He afterward removed to Louisiana, where many years ago he died.
During the session of 1845, the election of Chancellor for the Northern Division also took place. Three gentlemen were placed in nomination, with the following result:
Alexander Bowie. 36 votes. David G. Ligon. . 65 votes.
Thomas Woodward 25 votes.
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Reminiscences of Public Men in Alabama.
Mr. Ligon having a majority of the whole number of votes cast, was declared duly elected Chancellor.
HON. A. BOWIE, of Talladega, had presided on the Chancery bench for six years, and now retired from public life, except in his connection with the State University as one of its Trustees. He was raised, educated, and spent the earlier part of his active profes- sional life in South Carolina, and was a good representative of the cultivated gentleman of his day, and of his native State. His legal learning was profound, and his integrity and probity of character above question. Few gentlemen that I have known in the State.excelled Judge Bowie in conversational powers, and in the use' of pure, chaste language. He was a consistent member of the Baptist Church, and maintained the bearing of a Christian gentleman. In politics, he was allied with the State Rights party of South Carolina. His useful and honorable life terminated a few years ago, at a ripe old age.
THOMAS WOODWARD was from South Carolina, in which State he was educated, and extensively figured in social and public life, before removing to Alabama. He was a gentleman of good legal and literary culture, and had adopted the extreme notions of the political majority in his native State, which found a practical solution in 1861, and is realizing it now, in common with all the Southern States. He was a good writer, and contributed many articles to the press, advocating his favorite notions of govern- ment. A series of these appeared in one of the Montgomery papers about the year of 1848 or 1850, over the signature of "Pyon," which attracted a good deal of attention. He held many opinions about government which were not popular with the masses of his day, which, however, he seldom made public, but communicated in private intercourse with his friends. In his social relations he was pleasant, and dignified in his deportment. Mr. Woodward removed West several years ago.
DAVID G. LIGON, now for the first time elected to the bench, was from North-Alabama-originally, if I mistake not, from Vir- ginia. He was a Whig, influential with that party; and then he possessed a fine, well-formed and well-developed person, with an address and colloquial powers that gave him position and strength with the masses. He had once or twice been a candidate for Congress, and then his social habits had well-nigh ruined him; but he saw the danger in time to stop short. He embraced the faith of the Christian or Campbellite Church, of which he became an elder and proclaimer of the gospel.
In 1851, Chancellor Ligon was elected an Associate Justice of
426
Reminiscences of Public Men in Alabama.
the Supreme Court, to succeed Judge Silas Parsons, who had re- signed. Upon a reorganization of the Court in 1853, he declined a reelection, and in a few years thereafter he died. He sustained himself pretty well as a Chancellor, but it was doubted by many whether his legal learning and early training had been equal to the task and responsibilities of a Supreme Court Judge. Be this as it may, his declension of a continuance upon the bench, after a trial of two years, was generally appreciated as an act of good taste. But Judge Ligon, in the legal and social arena, filled a large space, and his colloquial powers were second to those of no gentleman in the State in his day.
DEATH OF GEN. JACKSON.
That portion of Gov. Fitzpatrick's message which related to the death of the renowned character at the Hermitage, has been given in preceding pages, which was referred to a select commit- tee, who, on the 24th of December, made a report, commemora- tive of his great public services, both on the field of battle, and as President of the United States, with appropriate resolutions, which were unanimously adopted.
In relation to Gen. Jackson, the writer ventures to notice here a visit, which, in September, 1842, he had the pleasure of making to the Hermitage, to gratify a long cherished wish to see and con- verse with this great man and patriot. Being on a visit to his parents, in Nashville, and provided with letters from Gov. Clay, Col. King, and the Rev. W. A. Scott, of Tuskaloosa, (the same clergyman who received Gen. Jackson into the communion of the Presbyterian Church,) to which Gen. Robert Armstrong, of Nash- ville, the bosom friend of the General, and a friend of the writer, who records this reference to him with great pleasure, added a special letter of introduction. The company left the city after breakfast, and after a pleasant ride of a dozen miles on the turn- pike, arrived in good time at the Hermitage, where they were re- ceived with the cordiality and respect usually extended to visitors.
The letters were presented and read-first, from Gov. Clay, then Col. King's letter. The North-east Boundary question, which had produced a great deal of excitement, had just been settled, by the ratification of the Ashburton- Webster Treaty. Col. King was Senator, and voted for it. Gen. Jackson was. opposed to the Treaty, and when he opened his letter, he paused a moment after seeing who it was from, and made this characteristic remark, "I am sorry Billy King voted for the ratification of the Ashburton Treaty," after which he completed the reading, and folded the letter. Then came the letter, or rather the letters, from Mr. Scott; one of introduction and another epistolary and social, which inter-
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Reminiscences of Public Men in Alabama.
ested him a good deal. Last, was the letter of Gen. Armstrong, with his mail, which was carried out by me.
This last letter was the finishing touch, and showed its influence upon Gen. Jackson. Formality was at once dispensed with, and we felt assured, by his language and manner, of his pleasure in seeing us, and his disposition, so far as his health would allow, to entertain us.
The fact was, the writer and Gen. Armstrong had a conversation the day before, in which he notified the General of his desire to be placed upon easy and communicative terms with Gen. Jackson, with a view to the pleasure and profit of the visit. The writer happened to be the bearer of several presents to Gen. Jackson, from Mr. Scott, of select religious books, besides other little no- tions, among them, a pair of gloves, of fine linen thread, knit so as to show in the palm of each the representation of a hickory leaf. The old man appeared to understand its signification. His adopted daughter, Mrs. Andrew Jackson, Jr., a lady of accomplish- ments, who dispensed the honors of the White House during Gen. Jackson's Presidential term, was pleased with the gloves, and re- marked: "Father, these will do for you to wear at Rachel's wed- ding," alluding to her daughter, a pretty and sprightly little Miss who bore the name of Gen. Jackson's wife. He replied, "I reckon, my child, I shall be laid away before that day."
After partaking of the hospitalities of the Hermitage, and en- joying a few hours of pleasant and profitable conversation with the venerable ex-President and his family, the company returned to Nashville, greatly delighted by the visit.
REPORTS OF COMMITTEES.
The Committees in charge of various matters of public concern, made lengthy and able reports, which are upon the Journals of the two Houses, but too long for a place here. Among these may be mentioned that of Mr. Clay, from the State Bank and Branches; Mr. Norman, Education; Mr. Hubbard, Federal Relations; Mr. Watts, 16th Sections ; and Mr. Woodward, Public Printing, in the House.
In the Senate, Mr. Shorter, from 16th Sections; Mr. Harris, from Penitentiary; Mr. Norris, Public Printing; Mr. Posey, from 16th Sections; and Mr. McClung from the Judiciary; all of which received attention, and were freely discussed. The session was a long, laborious one, and the two houses adjourned 5th February, having been in session sixty-seven days. There were no recesses in those days. The two Houses generally took holiday on Christ- mas day ; but no other. They went forward with earnestness in dispatching the public business.
428
Reminiscences of Public Men in Alabama.
The session of 1845 was the last held at Tuskaloosa. For about twenty years the members of the Legislature met here an- nually, on which occasion the Capitol of the State was favored with the presence of a large number of visitors. Henceforth, the members and the visitors, with the Executive and department offi- cers, were all to congregate at Montgomery, the place selected for the new Capitol.
NEW SENATORS. .
Having bestowed as much notice on the proceedings of the Leg- islature as the limits of the work would allow, I deem it necessary to pay my respects to several gentlemen who took their seats in the Senate for the first time :
JACK F. COCKE, of Perry, defeated Col. Walthall, and his sub- sequent long career in the Senate showed that his predecessor had ,to contend with no ordinary strength, or evanescent popularity; for Mr. Cocke continued, without cessation, the Senator from Perry for sixteen years; through all the ups and downs of party he remained in his seat. In his Senatorial character, he outlived every Senator who occupied a seat with him at this session, and when, in 1861, he left the halls of legislation, he was the last of ยท class of 1845.
He was quiet, and very attentive to the public business, seldom spoke, and never made a set speech. He was a Whig who seldom varied in his votes upon political topics, and yet at home he received at every election more or less Democratic support. His silence and kindness constituted a good deal of his stock in trade. It was for years a wonder to many that the Whigs of his District had not run him for Congress. He did try the experiment, I be- lieve, as candidate on his own bottom, under the Confederate Government; but that was after the old parties were pretty well exploded, and he was beaten by Mr. F. S. Lyon. Mr. Cocke was a man of good heart, had many friends, and but few enemies.
JEFFERSON FALKNER, of Randolph, served this session in the Senate from that county and Tallapoosa. He was an early settler in Randolph, where he was Clerk, and Judge of the County Court. He has been for many years a respectable lay-minister of the Baptist Church, and has dispensed ministerial services exten- sively in East-Alabama. In 1851, he was a candidate for Con- gress in the Talladega District, and, after a partial canvass, was ruled off to make way for Mr. S. F. Rice, by which Mr. Alexan- der White was elected.
During the War between the States, although he was exempt from service, as well by age as his profession as a minister, Judge
429
Reminiscences of Public Men in Alabama.
Falkner entered warmly into the struggle, and raised a company of cavalry, with which he was sometime connected. He has sev- eral times been brought forward by his friends for Chancellor and Judge, and generally made a fair run, but never won the prize. He was an active member of the Senate, and often participated in the debates of that body-indeed, a good many of his friends thought he occupied the floor too frequently for a new and inex- perienced Senator. He was fully allied to the Democratic party.
JAMES G. L. HUEY, of Talladega, served this session only, and never was again, I believe, a candidate for legislative honors. He was afterward elected Major-General of the Eighth Division of Alabama Militia.
Gen. Huey brought into the Senate fine business qualities, a bold and manly decision of character, and weight of personal influ- ence which at once gave him position in legislative and social cir- cles. He may be truly set down as one of the useful men of the session. He was a South Carolinian by birth and education, but came to Alabama and settled in Talladega county, where, by dint of industry and frugality, and a straight-forward attention to busi- ness, he had amassed a good property at the commencement of the war, and was Secretary of the Talladega Insurance Company, which, under his management, gained the public confidence. His personal character was decided, while at the same time he was amiable and kind in his disposition. He is a prominent member of the Methodist Episcopal Church, South. Nature bestowed on him many advantages in his appearance -- a large and commanding figure, and a face expressive of a resolute will. He resides now in Perry county, in the vigor and health of a temperate life, no doubt exercising that salutary influence in the Church and in the community, for which he was distinguished in Talladega county.
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