USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 48
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First, That this scheme is constitutional in all its provisions and features.
Second, That the President had the power, under the Constitution, to estab- lish it.
Third, That the persons elected to Congress under it are entitled to seats in that body, free from all conditions and qualifications except those prescribed in the Constitution itself.
The papers which followed from Mr. Taylor's pen were in the nature of a review of the Federative System of the United States, the history of the compact of Union, the denial of all powers to the General Government except such as the Constitution expressly, or by implication, delegated to it, as the agent of the States for external defense, for foreign intercourse, and for domestic security. These features were examined in a style, and with an intelligence, elevation and courtesy, which have been seldom surpassed by any
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writers on the subject. The ten columns of matter which the articles embrace, show a degree of research, and a power of logic of which any statesman might be proud. The fifth article closes the series, of which the following is an extract:
But it is time, Messrs. Editors, that I should bring this, I fear, too extended discussion to a close. I cannot do so, however, consistently with my sense of duty to the country, without presenting, in a condensed and somewhat rhetorical form, and as an appeal both to the judgment and sensibilities of the public, the case of these Southern members.
Far away in the South there lies a beautiful land, warmed by glowing suns, and fanned by cooling breezes from the sea. Its soil is fertile, its air is pure, and its productions rich and varied as those of the tropics. The bravery of its sons has become proverbial, and its daughters, fair as the dames of Caucassus, are as virtuous as they are fair. This glowing clime has borne its full part in all the perils of the country, and contributed its full share of glory and fame to the nation. Its heroic dead lie buried on all the battle-fields of the Republic. The fiery genius of its sons has added to the parliamentary and forensic glory of the land. Its morals, like its intellect, are vigorous in type. Its social life is pure. Over this fair and abounding clime, in an evil hour, the fell spirit of sectional dis- cord brought the sweep of the hurricane breath of war. The earthquake jar of contending hosts shook its hills, and its plains ran red with the blood of its slaughtered people. After the desolation had spread far and near, the plague of war was stayed. Its smoke lifted from the battle-fields of its strife, and it was seen that the fair and fruitful land which, four years before, had entered the arena of the conflict almost a paradise of love and plenty, was no more. There stood in its place a charred and desolate land-a land riven by the bolts of war, drenched in blood, and filled with dead men's bones. Myriads of its noblest sons had gone down to the red burial of the brave on the battlefields of the strife, or perished by the varied casualties of war. Widowhood and orphanage filled its habitations. In every household there was gloom, in every heart a grief. A fatal blight had fallen upon all its material interests and pursuits. Its fields were desolate, its vil- lages waste, its proudest cities in chains. All but the fragments of its wealth, the virtues of its women, and the heroic resolves of its men to bear and to con- quer an adverse fate, had perished. To this sorrowing and stricken land there came from a benignant Government, voices of encouragement and words of cheer. Its people were invited to a political resuscitation under a new order of things, and to seats in the family circle of the nation. Accepting the summons, they have beaten their swords into ploughshares, and their spears into pruning-hooks. To every requisition of the Government they have yielded a full and unreserved obedience. Acquiescing in all the results of the war as final and conclusive upon them, both in honor and in fact, they have ratified the sternest issues of the strug- gle by pulling down their social and industrial fabric, and laying its corner stone on the foundation of a new and, to them, an untried polity. They have modified their organic laws, and helped to modify the organic law of the nation, adapting them to the new order of things. They know no other purpose, they cherish no other resolve, than to be true to their plighted word with the nation, and hence- forth loyal to its flag and obedient to its laws. That the former relations with the Union of their fathers might be restored, they have, in compliance with ex- press invitation from the National authorities, reorganized their State Govern- ments, and chosen representatives to both branches of Congress. Some of those representatives are now in this city. More of them were present in the Capitol halls on the day Congress opened its session. They stood and knocked at the door of the family mansion of the Republic, demanding, as their family birth- right, admission to its fireside, and participation in the hospitalities of its board. The door has been shut in their faces. With a grief too deep for tears, many of them have already gone, and soon all of them will go back to their wronged and trampled people, to tell the tale of the scornful rejection of the proffered hand of family reunion. Upon the heart of that people, brave and noble as they are, will
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descend a sorrow too deep for utterance-sorrow for their desolate homes, sorrow for their wasted land, given over again, and for how long they are unable to know, to the ravages of a peace that is war in all but the name. But their grief will be accompanied by no unmanly repinings. From it there will spring no revolt in their outward allegiance, no appeal to the sword as the avenger of their wrong. Their purpose in that regard is "nominated in the bond" of their honor, and that bond they will keep inviolate forever. But from the agents who merely hold the keys, and occupy by permission the family mansion of the nation, they will ap- peal to the principals of these agents, to the real owners of the mansion-the people, the whole people of the United States of America. The decision which they will render in the case may be collected even now from their antecedents and character. It comes in the prophetic utterances of the popular wish, which reach this city from far and near through the land. It is syllabled in voices from the pulpit and the hustings. It is heralded by that portion of the press that is conservative in character and National in spirit. Its solemn tones echo even now along the Capitol halls of the nation, thundering in the ears of the representatives of the people, if they would but hear them, the mandatory words that the chil- dren of the National household, erring even though they might have been, but now reconciled and forgiven, must not be shut out from the fireside and the hospi- talities of the common family mansion.
If, in obedience to this yet unpronounced, but sure-coming decision of the American people, or upon the justice and the right of the case itself, the doors of that mansion shall yet be opened to the representatives and the people of the South, it requires no vision of the prophet to foresee that a new era of progress and good feeling will soon begin to run its golden cycles in these occidental climes. From the summit of the National Ararat, on which the ark of the Constitution, freighted with the precious interests of the country, rested on the subsidence of the bloody deluge of war, a reconciled and mighty people will come down and fill all the borders of the land with the hum of industry and the activities of a busy and prosperous national life. Arts and sciences will flourish under the patronage of extended appreciation and abundant rewards. A thriving commerce will whiten every sea with its canvas, and visit every port with its exchangeable values. Revived manufactures and resuscitated agriculture will pour a ceaseless tide of wealth into the lap of the nation. The men of the North and the men of the South, standing beneath the folds of the same starry flag, will vindicate its honor and maintain its supremacy on every land and every sea of the habitable globe. A nation, mightier and more prosperous than any the sun looks down on in its circuit through the heavens, will fill the earth with the renown of its arts and its arms, and prove, by the stability of its order, the supremacy of law and the per- manence of free institutions, that man is indeed competent to the great work of governing himself.
Who, Messrs. Editors, would not anxiously covet the opportunity of aiding in the accomplishment of results so auspicious as these? That opportunity is pre- sented to the members of the present Congress. Should they embrace it, and thus aid in harmonizing the discords and restoring the unity of a great people, they will have accomplished enough of fame for themselves and of good for their country. In days to come, when the great Republic of the West, blessed and it may be, pre- served by their ministry of reconciliation, shall have become, even more than it is now, the wonder of the world, they will be able to point to it with pride, and claim that they had themselves contributed much to its preservation and no little to the sum of its glory and renown. That will be a reward above all Greek, above all Roman fame.
My task, Messrs. Editors, is done. MADISON.
Washington City, December 18, 1865.
Had the fair and equitable views and Constitutional arguments so ably presented, by Mr. Taylor, been permitted to influence the action of Congress in measures of justice to the South, there would have been no assumed necessity for bayonets, or military tribunals,
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or for any harsh legislation, to preserve public order. The State Governments would have settled down harmoniously to the work of recuperation, and all, by this time, would have been peace and prosperity.
The reputation of Mr. Taylor as an orator and writer was not confined to his own State. He was invited to deliver an address before the literary societies of Washington and Lee University, Lexington, Virginia, and on Commencement Day, June 22, 1871, he appeared before the great audience assembled on the occasion. His theme was: "The Lee Monument; or a plea for the conver- sion of Washington and Lee University, by the people of the South, to constitute their final and crowning monument to the memory of General Robert E. Lee." This very able and elo- quent address has been published by the request of the Literary Societies, the Alumni Association, and the Board of Trustees, in a pamphlet of 52 pages, handsomely printed in Baltimore. It is a production which justly ranks him among the finished scholars of the country.
Mr. Taylor now resides at Tuskaloosa, his chief employment being that of editor of the "Times," a paper which has been estab- lished in lieu of the "Monitor," and "Observer," which have been merged under his direction. He is in the vigor of life, with culture and talents of a very high order. As President of the Board of Trustees of the Southern University, an institution at Greenes- boro, under the patronage of the Methodist Episcopal Church, South, Mr. Taylor has the opportunity of doing much for the cause of education; and it is hoped that his labors and influence will be attended with the happiest effects. No citizen of Alabama is more respected.
ABRAHAM JOSEPH WALKER was born in Davidson county, Tennessee, eight miles from Nashville. His ancestors were among the early settlers of the country, and his educational op -- portunities were of the very best character. He graduated at the · Nashville University in 1838, when in his nineteenth year. He . then taught school two years; after which he studied law in the office of John Trimble, Esq., of Nashville, and in the Fall of 1841 he obtained license to practice law.
Soon afterward he came to Alabama, and wandered through the State for sometime, and ultimately settled at Jacksonville, then Benton county, (now Calhoun,) about the first of January, 1842, without money or friends. He paid his board the first year by teaching a class in Latin and Greek, and the higher branches of mathematics. He persistently studied his profession, and pro- gressed slowly in the acquisition of a practice.
In 1845, he was elected to the House of Representatives, and
Reminiscences of Public Men in Alabama. 455
served through the ensuing session of the Legislature. As a matter of principle the Democratic party, to which Mr. Walker belonged, had refused to accept the share of the sales of the public lands to which Alabama was entitled under the act of Congress, and at the session of 1845, Mr. Garland, of Franklin, introduced a bill to accept it, which was warmly supported in a speech by Mr. Walker, probably his first effort, wherein his great abilities were displayed in the Capitol. His course was severely criticised by Mr. Hubbard, as a departure from the Democratic faith; and although the bill failed at that session, it subsequently became a law in a Democratic Legislature.
In 1848, he was on the Electoral Ticket for Cass and Butler, and canvassed the District with the Hon. Samuel F. Rice, his competitor, who supported Taylor and Fillmore for President and Vice-President of the United States. In 1851, Mr. Walker was elected to the Senate. In 1852, he removed to Talladega, where he formed partnership, in the practice of the law, with John T. Morgan, Esq., in which relation he continued until 1854, when he was elected Chancellor of the Northern Division. In December, 1855, he was elected Judge of the Supreme Court to fill the va- cancy caused by the resignation of the Hon. William P. Chilton, and was sworn into office on the first of January, 1856. On the 25th of January, 1859, he was appointed Chief Justice of the Supreme Court, on the resignation of Judge S. F. Rice. At the expiration of his term of six years, he was reelected Judge of the Supreme Court.
În 1865, under the reorganization of the State Government in pursuance of President Johnson's proclamation, Chief Justice Walker was again elected Judge of the Supreme Court, in which office he continued until superseded by the reconstruction meas- ures of Congress, in July or August, 1868, since which time he has been quietly and successfully pursuing his profession in Mont- gomery, where he now resides.
By the appointment of Gov. Patton, Judge Walker compiled the present Code of Alabama, a labor for which he was eminently qualified. His legal abilities are beyond question, which with his . great industry and success, constitute an honorable record. He supported the measure of secession, in 1861.
[NOTE .- The sketch of Judge Walker was written in 1871. He died of heart- disease, at Montgomery, April 25, 1872, much regretted by the public.]
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CHAPTER XXVI.
Session of 1847-Reception of Generals Shields and Quitman-Sen- atorial Contest-Judicial and State-House Elections-Sketches of Character.
The year 1846 was a singular one in the political annals of Ala- bama. There was no State election on the first Monday in Au- gust-the first omission of the kind in the history of the State. There were no candidates, consequently there was no excitement, and in this respect the people remained perfectly quiet.
But there was an event, however, which stirred the public mind deeply in Alabama, in common with the whole people of the United States. Of course I mean the Mexican war, which was inaugurated in the Spring of 1846, and which, as its results, se- cured California and New Mexico-with their great appendages, financial, commercial, and political-as an acquisition to the United States, by military conquest. For his gallantry and success as a commander in this war, the people made General Zachary Taylor President of the United States. Of that war, and its ultimate consequences, whether it was fortunate or calamitous to the whole country, the writer does not assume the office to judge, and there- fore he has but little to say. That whole matter belongs to the historian. In respect to it, however, the reflection may be in- dulged, that while these immense territorial possessions brought to commerce and general enterprise an enlarged basis, in the hands of the people and Government of the United States, this territorial question proved the political Pandora's Box, from which came the sectional strife that moved in the disintegration of the Union, and in the war of 1861-'65, between the States. What was apparently a blessing at the time, in the acquisitions from Mexico, has proven quite otherwise in the results which followed, if human suffering be indeed a cause of regret. By this remark, no unfriendly imputation is intended against those who declared the war of 1846-748, with Mexico, nor against the Federal admin- istration by which it was directed and supported.
There being no State elections in Alabama in 1846, no candi- dates, no stump speaking, no ballot-box for the reception of votes as had annually been the case since 1819, there was a general calm in the political elements, and the people, in the meantime, were left at home, free to pursue their avocations and interests at
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pleasure; to plant, to cultivate, and to harvest their crops; and were as well off in the absence of elections and sessions of the Legislature, as when these privileges occurred annually.
The old Capitol, at Tuskaloosa, was still occupied by the Execu- tive and State officers, and by the Supreme Court, awaiting the completion of the new building, rapidly going up at Montgomery. The Spring of 1847, brought signs of political life, and preparation for the biennial elections to come off in August. The first step of a marked character was a Democratic State Convention, called at Montgomery, in May, to nominate a candidate for Governor. That Convention, after a good many fruitless ballotings, and some polit- ical maneuvering, of little avail, adopted a resolution offered by Col. James E. Belser, declaring the Hon. Reuben Chapman the choice of the Convention for Governor; and having done this, it adjourned.
Gov. Martin was before the people for reelection on his own merits, and it was generally expected that another internicine po- litical war in Alabama would ensue. Many of the people were preparing to take part in the contest, and others to look on as dis- interested spectators. The candidates were arranging to take the field and rally their forces, when Captain Nicholas Davis, of Lime- stone, was announced by authority as the Whig candidate for Gov- ernor. This gave a new feature to the campaign. The Whig leaders were dissatisfied and unwilling to support either of the candidates, who were both Democrats, and wisely concluded to fall back upon their principles. Captain Davis was a favorite with his party, and was likely to receive as many votes as any other member of it, as was no doubt the case, as the result showed. Gov. Martin was not long in determining his course. His contin- uing in the field would have hazarded the success of both himself and Mr. Chapman, and, in deference to the action of the Conven- tion, and because Mr. Chapman, as its nominee, was supposed to represent more fully the principles and wishes of the Democratic party, Gov. Martin promptly withdrew his name as a candidate, and the contest regularly assumed a party shape, resulting in the election of Mr. Chapman by a majority of 6,255, out of a total vote of 53,189 in the State. The popular vote was small, com- paratively. The election of members to the Legislature gave to the Democrats a majority in both branches, as usual.
The election of members to Congress resulted in the success of the Democratic candidates, except in the Mobile District, where Gov. Gayle, Whig, was elected over John T. Taylor, Democrat; and in the Montgomery District, where Mr. Hilliard was reelected without opposition.
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HON. JOHN GAYLE, a South Carolinian, came to Alabama when a young man, and cast his lot among the people of the Territory, as a practising lawyer. He soon began to rise in public favor, and was advanced to honorable positions, as the records of the Legislature, the Circuit and Supreme Court will show. The judi- cial offices which he filled were the highest in the State, except the office of Governor, to which office he was elected by the people in 1831 and reelected in 1833, after having been Speaker of the House of Representatives.
His administration of the Executive office was faithful and en- ergetic. In 1835, some appearance of difficulty with the Creek Indians caused President Jackson to send a military force to Ala- bama, rather, it is believed, to hold the Governor in check, from executing his policy, than to prevent the disturbances. At all events, the messages of Gov. Gayle to the Legislature were so decided in their State Rights tendency, and his opinions in other respects so freely avowed, against the interference of the Presi- dent, that the latter was induced to send Francis S. Key, Esq., as a Special Commissioner to Alabama, in order to settle the points in controversy. The author of the "Star Spangled Banner" arrived at Tuskaloosa, on his mission of peace, and after a brief corre- spondence and consultation with the Governor, the cause of com- plaint was removed, and good feeling happily restored. While in Alabama, Mr. Key addressed a beautiful poem to Mrs. Gayle, as a personal compliment, which was published and greatly admired.
Whilst discharging the duties of his high office, Gov. Gayle was cheered by the fact that prosperity was general among the people, and that few or no complaints existed as to his policy or measures. Perhaps the greatest objection laid to his charge was the too free exercise of the pardoning power. If this were truly an error, it was impossible for him to avoid it, as nature had given him a warm sympathizing heart, which was easily touched by human sorrow, and by all forms of distress. This trait of character prevailed throughout his life, in all situations, public and private, even to such extent as to impair his own fortunes by too much generosity.
Soon after the term for which Gov. Gayle was elected to Con- gress expired, a vacancy occurred in the office of Judge of the United States District Court, by the death of the Hon. William Crawford, which was filled by President Taylor, by the appoint- ment of Gov. Gayle to that honorable position. The latter con- tinued to hold the office, and to administer its duties with ability, and to the satisfaction of the public, until his death in 1858.
In early life, Gov. Gayle married Miss Ainsworth, of Clarke county, a lady of rare talent and accomplishments, who dispensed the hospitalities of his mansion, at Tuskaloosa, while Governor, with a dignity and grace never surpassed. But she was not per-
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mitted to see the end of his term; for, having an operation per- formed on her teeth, it resulted in lockjaw, of which she died, universally regretted by the people of the State. She was a gen- eral favorite, and admired by all for her many shining virtues and talents which adorned social life. Some of her descendants still live in the State.
The eldest daughter of Gov. Gayle (Sarah) married Dr. William B. Crawford, a leading physician of the State. He died in Malaga, Spain, in 1853. His widow resides in Mobile. The second daugh- ter, Amelia, married Gen. J. Gorgas, the distinguished Chief of Ordnance of the late Southern Confederacy. He is now Acting Vice-Chancellor of the University of the South, at Sewanee, Tennessee. The third daughter, Mary, married Gen. Hugh Aiken, of South Carolina, who commanded a brigade in Hamp- ton's Cavalry, and was killed at the head of his brigade, March, 1865, near Camden, South Carolina, resisting Sherman's march through that State. The fourth daughter, Maria, married Thomas L. Bayne, Esq., a lawyer of New Orleans. The sons, Dr. Matthew Gayle, resides in Alabama, and Captain Richard H. Gayle is a citizen of New Orleans. All these were by the first marriage. Of the second family of children, no information has been ob- tained, except that the last daughter, Helen, married James W. Locke, Esq., of Hale county.
The second wife of Gov. Gayle was Miss Peck, of Greenesboro, with whom he lived in great happiness. Indeed, all who came within his influence, either in the domestic relations, or in any other sphere, were made happy by his pleasant manners and dis- position. In his day, Gov. Gayle was one of the best speakers and writers in the State. His person was tall, and his address pe- culiarly graceful. But amiable and gifted as he was, he possessed an infirmity which it would be uncandid to conceal, as I have fre- quently referred to it in others, with the hope of doing good to young men who have their fortunes to establish. The social na- ture of Gov. Gayle, and the common usages of his day, betrayed him into habits of intemperance, which, although not of an ex- treme character, formed something of a barrier to his public use- fulness, and to his personal happiness.
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