USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 58
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vices, or for mere accommodation searches, nor would he receive the regular fees of his office from a poor widow, or a needy per- son. In this way he performed much gratuitous labor. His sym- pathizing nature, and not policy, dictated his acts of generosity.
With such traits of character, it is no wonder that Judge McGuire was a favorite with the people, loved by all without regard to party distinctions, and triumphant in every canvass. Perhaps no parallel of the kind can be found in Alabama. He still resides in Tuskaloosa, one of its most honored and useful citizens.
WALKER REYNOLDS, of Talladega, was selected by the Whig party, of which he was a member, to head their ticket in 1849, that they might have the influence of his name to assure success. An additional reason was, to secure his services in the Legislature in locating the route of the Selma and Dalton Railroad, which had not then been determined-so far, at least, as Talladega was concerned. Both purposes succeeded. Col. Reynolds was elected, leaving all other candidates behind, and thus Talladega got the road. It is saying nothing in derogation of his colleagues when the fact is stated, that by the advantages afforded by his extensive acquaintance, and the wealth he was known to possess, and conse- quently the material aid he could bring to the enterprise, enabled Col. Reynolds to accomplish the result of giving to the county, whose interests he so faithfully represented, a railroad running through its entire length.
Col. Reynolds, was no public speaker. He left that to other men. But his fine practical sense and untiring energy, backed by his wealth, achieved a great deal for the benefit of his constituents, and of the State. He contributed by a liberal subscription to this great work, and was, for a time, President of the road company, serving its interests with skill and fidelity in a trying crisis of its affairs, leading through all the troubles without sacrificing the small stockholders, as they were threatened at one time. This in- formation I had from a stockholder of the road.
After the session of 1849, Col. Reynolds was not again in public life, but devoted his mind and energies to planting and milling operations, in which he was successful, so that in 1860 he was justly regarded as one of the wealthy men of the State. His elegant mansion on Wewokee was the seat of generous and unrestricted hospitality, dispensed under his supervision, aided by his accom- plished lady and daughters.
In 1860, he adhered to the old Whig organization, and sup- ported Mr. Bell for President, and opposed the policy of secession; but after the passage of the Ordinance, he entered fully into the
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new movement, and his contributions to the support of the South- ern cause were counted by thousands and tens of thousands.
Col. Reynolds was a Georgian by birth and education, and com- menced life without patrimony. His eminent success in the ac- quisition of property is evidence of what may be accomplished by well directed effort, backed by a resolute will and untiring energy. He was a leading member of the Baptist Church, and died about the first of the present year, (1871.)
ROBERT H. SMITH, of Sumter, was born and raised in the town of Edenton, North Carolina, where he was liberally educated, and admitted to the bar. He came to Alabama in 1835, soon after at- taining his majority, in search of a suitable location for the practice of law. His maiden speech in Court was in Erie, the old county- site of Greene, at the Fall term of 1835, Judge Collier presiding, where a prisoner by the name of Curry was arraigned for killing his brother. The accused was too poor to employ counsel, and the Court appointed William G. Jones, Robert H. Smith, William B. Davis, and Stephen F. Miller, Esqrs., all young attorneys then present, to manage the defense. Peter Martin, Esq., was Attor- ney-General, and conducted the prosecution. The evidence was clear and positive that the prisoner stabbed and killed his brother in a drunken broil. The speech of Mr. Smith was ingenious, and for so young a man, laboring under the embarrassment of a first effort, it was marked by considerable ability. All the other gen- tlemen selected by the Court, in their turn, addressed the jury in behalf of the prisoner; but their labor was in vain. He was con- victed and afterward executed for the atrocious homicide.
In 1836, Mr. Smith opened a law-office in Livingston, Sumter county, where, not long afterward, he formed a partnership with Edward L. Holmes, Esq., a promising young lawyer from Georgia. Not finding the practice sufficiently remunerative in Livingston, Mr. Holmes went to Texas, and was elected a member of Con- gress, in that Republic. While his prospects were fair, and his manly and virtuous character was just developing, Mr. Holmes was cut off in his youth by fever.
Soon after Mr. Smith was left alone in the practice, another partnership was offered him by William B. Ochiltree, Esq., which he accepted. This professional relation did not continue long. Failing in his attempt to obtain a seat in the Legislature, the am- bition of Mr. Ochiltree sought another field, and he, too, removed to Texas, where he became Attorney-General, and then Judge of the Circuit Court.
In the meantime Mr. Smith pressed forward as an attorney, la- boring under the disadvantage of inexperience, yet with resolute purpose, until his superior faculties attracted the friendly notice of
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Col. William M. Inge, who had been a Representative in Con- gress, from Tennessee, from 1833 to 1835, and had lately settled in Livingston as a practicing lawyer. He tendered Mr. Smith a professional connection which lasted until the death of Col. Inge, several years afterward. By this patronage, the merits of Mr. Smith became more generally known, and, from that time, his character steadily increased, attended with marked social influences.
The Inge family were from Franklin county, in North Carolina, of high position and intelligence. Dr. Richard Inge, a wealthy . planter of Greene county, Major Francis Inge, and Col. William M. Inge, were brothers, and Mrs. Judge Murphy, the mother of William M. Murphy, Esq., and Mrs. Gen. Crabb, were their mar- ried sisters, with two sisters then unmarried, both of whom, after- ward, in succession, became the wives of Mr. Smith. The prop- erty and influence which he acquired by his connection with the Inge family, opened his career to prosperity. His talents being of a high order, aided by a noble ambition and great energy, Mr. Smith has long since been a leader at the bar and in society. While comparatively a young man, he was a widower the second time. His third marriage was with a daughter of the late Thomas H. Herndon, Esq., of Greene county, who left a very large estate to his children, of which Mr. Smith received a proper share.
In politics, Mr. Smith was a Whig, a warm supporter of Gen. Harrison in 1840, and of Mr. Clay in 1844. After the extinc- tion of old party lines and issues, he was allied with the Demo- cratic party. He took his seat as a Whig, at the session of 1849, on a divided ticket, and was the only member of his party elected to the House from Sumter. This was owing to the strength of his character, and the liberality of his constituents, who, for the time being, laid aside all political bias, to secure in the public councils a Representative of such distinguished ability and worth. His course in the Legislature was such as to meet the expectations . of his friends and warmest admirers. He justly ranked with the leading members of the House in originating measures, and in supporting them in debate. It was the only session in which he served in the Legislature.
In 1860, he visited his native state in a diplomatic character, Gov. Moore having appointed him and the late Isham W. Gar- rott, Esq., Commissioners to confer with the authorities of North- Carolina on the subject of a union and cooperation among the Southern States, in view of the pending aggressions of the North. That mission was ably performed, and resulted in success, so far as the object then sought was involved.
The Convention of 1861 elected Mr. Smith a Deputy for the State at large to the Provisional Congress at Montgomery, to as- sist in organizing a Government for the Confederate States. After
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an interval of more than twenty years, he there met his old law- partner, Judge Ochiltree, who was a Deputy from the State of Texas, not consulting, as in other days, how to conduct pleadings, and how to support actions for the recovery of values in money, but uniting their heads and hearts to save their native South from degradation by a fanatical majority at the North. The plan of resistance did not fail for the want of wisdom in the conception, but for the want of resources to carry it out on the battle-field, where the force was unequal as three to one. Such, no doubt, were the sentiments and aims of the two gentlemen as public servants.
His services in the Provisional Congress closed the public life of Mr. Smith. For many years he has resided in Mobile, where his professional reputation brings him a large practice. Besides his ability as a lawyer and legislator to command public respect, he has a personal chivalry and courage which give completeness to his character. While serving through the session of 1849, Mr. Smith, in some way, gave offense to the late Col. Seibles, who in- vited him beyond the limits of the State for a correspondence. The hint was promptly taken, and the former was on the road to Georgia for the interview, when a number of gentlemen inter- fered, and had the difficulty submitted to a board of honor, by whom it was adjusted in a manner perfectly honorable to both parties.
GEORGE C. WHATLEY, of Benton (now Calhoun), was elected to the House in 1849. He was an educated lawyer, with rich stores of general information, which gave him a prominent rank in business and in debate. He was a ready speaker, and was fre- quently upon the floor, but was never tiresome after the fashion of some. His views were presented in bold, brief terms, which were essentially to the point, and always practical. He was jeal- ous of his rights, and of the trust committed to him. Thus, when a member from the Southern portion of the State introduced a bill to change the name of the county from Benton to De Soto, Mr. Whatley rose in his place, and, with scathing language and man- ner, denounced it as an interference with the rights of the Rep- resentatives of the people of that county, and moved to postpone the bill indefinitely, which was done.
His good sense and sound opinions of public policy gave him a favorable standing with his fellow-members, who anticipated well of his future. After this session, Mr. Whatley remained in pri- vate life, engaged in his legal pursuit and in planting, until 1860, when he was elected a member of the Convention which passed the Ordinance of Secession. His usually quiet political feelings were aroused by the election of Lincoln and Hamlin, and he
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entered fully into the cause of excitement against their rule, and offered the first preamble and resolutions in the Convention, which were as follows:
WHEREAS, The only bond of union between the several States is the Consti- tution of the United States ;
AND WHEREAS, That Constitution has been violated, both by the Government of the United States, and by a majority of the Northern States, in their separate legislative action, denying to the people of the Southern States their Constitutional rights ;
AND WHEREAS, A sectional party, known as the Black Republican Party, has, in the recent election, elected Abraham Lincoln to the office of President, and Hannibal Hamlin to the office of Vice-President of the United States, upon the avowed principle that the Constitution of the United States does not recognize prop- erty in slaves, and that the Government should prevent its extension into the common Territories of the United States, and that the power of the Government should be so exercised that slavery, in time, should be exterminated ; therefore,
Be it resolved by the people of Alabama, in solemn Convention assembled, That these acts and designs constitute such a violation of the compact between the several States as absolves the people of Alabama from all obligation to continue to support a Government of the United States to be administered upon such principles, and that the people of Alabama will not submit to be parties to the inauguration and administration of Abraham Lincoln as President, and Hannibal Hamlin as Vice- President of the United States of America.
A discussion ensued, in which Messrs. Whatley, Smith of Tus- kaloosa, Posey, Yancey, Clemens and Williamson took part, when the resolution was so amended as to satisfy all parties, and was unanimously adopted in the following shape :
Resolved, etc., That the people of Alabama can not, and will not, submit to the administration of Lincoln and Hamlin as President and Vice-President of the United States, upon the principles referred to in the preamble.
Mr. Whatley advocated these resolutions with spirit, which showed the point he had reached upon the question of Southern Rights and remedies. He voted for the Ordinance of Secession, and throughout the sittings of the Convention he took an active part in the proceedings and discussions. When hostilities com- menced he entered the service of the Confederate States, with the same conviction of duty which had governed his vote in the Con- vention. He was elected Major of a regiment, and fought bravely in every battle in which his command was engaged. But he did not reach the middle of the war before he was killed in action, and has left to his State the memory of an upright man, a true Southerner, and a brave soldier.
He was a native of Georgia, and there was much strength and ability in his character. To maintain his principles, which he be- lieved to be right, he was willing to sacrifice everything, even his own life, which he laid upon the altar of his country. His intel- lect and his integrity constituted his greatest claim to admiration, as physically he was ill-favored, and awkward in his movements. All his external defects were soon forgotten, however, as the riches
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of his mind and his heart were poured forth in the cause of the people and the State. To the former he felt as a brother, and for the latter he died as a patriot. Honor to his memory.
WILLIAM WRIGHT, of Madison, somewhat advanced in years, was elected in 1849. He had previously filled offices of trust in his county, and enjoyed the confidence of his people. He ranked among the gentlemen of the olden time in the pleasant, social re- lations of life. Possessing a cheerful turn of mind, he was re- spected not only for his age, but for his sterling qualities; but he had delayed until too late a period an acquaintance with legislative proceedings, to be as effective as his fine intellect would have made him, if he had commenced earlier. He died several years ago.
CHAPTER XXX.
Congressional Elections-Legislature of 1851-New Parties-Georgia Platform-Notices of Candidates and Public Men.
The passage through Congress of the Territorial measures, com- monly called the "Compromise," which admitted California as a State without any intermediate probation as a Territory, and with- out an enabling act to form a Constitution or State Government, and provided Territorial Governments for New Mexico, Utah, etc., opened a new element of sectional discord and excitement. The tide drifted into new parties, or at least into new party designa- tions, such as Union and Southern Rights, "Compromise," and "Anti-Compromise"-the former willing to take the measures as a final settlement of the Territorial questions, so far as slavery was concerned, in the hope that, under their observance by Congress, the slavery agitation would cease. The latter class, or order of politicians, were generally opposed to those measures of pacifica- tion, and especially to the manner in which California was brought into the Union, and the issue was joined.
In the Spring of 1851, a Southern Rights Convention met in Montgomery. Several gentlemen participated in its proceedings who were regarded as secessionists, and this was seized upon by the compromise men as an indication of the purpose of those opposed to the adjustment. Hence that class were known by a
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new designation-that of " Fire-Eaters"-which, I think, origin- ated with Col. Howell Rose, of Coosa county, an inveterate sup- porter of the Union or Compromise party. There were not a few men of the Anti-Compromise or Southern Rights party who spoke out in favor of disunion, as it was then called, and such declara- tions were held to commit all the Southern Rights men to their position. But such was not the case. Many gentlemen of the Democratic party were opposed to any issue, because there was really no practical ground of opposition or resistance, but in dis- union, or an attempt at it. California was admitted, her members had taken their seats in Congress, and there was no power to re- verse the action of that body in the premises.
Gov. Collier, who was conservative in his principles, and cau- tious and prudent in his course, was reelected Governor in August, 1851, without any regular opposition, by a vote of 37,460 against 5,747 for Mr. B. G. Shields, 61 for Col. Terry, and 411 for Mr. Yancey-an evidence of disfavor from those who desired him to array himself openly and boldly for extreme Southern action.
For Congress there was a lively canvass, and the strongest men were brought out. In the Mobile District, Judge Bragg was nominated by the Democratic party, under the auspices of Anti- Compromise, while C. C. Langdon, Esq., was brought forward to represent the Compromise or Union sentiment-but by the Whig organization. Judge Bragg was elected.
In the Montgomery District, Capt. James Abercrombie and John Cochran, Esq., were opposing candidates-the former to represent the Compromise feeling, and the latter the Southern Rights and extreme men. There was much excitement. In the meantime, Mr. Cochran had written a letter to Mr. Ritchie, editor of the "Union," at Washington, in which he waded so far into the Rubicon, that he could not consistently get back and find a Union of the States, which letter Mr. Ritchie published. Capt. Abercrombie was elected.
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In the Wetumpka District, Judge Mudd opposed Mr. Harris, and the canvass was conducted with ability, resulting in the elec- tion of Mr. Harris. In the Tuskaloosa District, Mr. S. W. Inge, the former member, retired, and the contest was between Judge William R. Smith and Col. John Erwin. There was great excite- ment in this District, and the contest was close, but the former gentleman prevailed by a majority something less than one hun- dred votes.
Alexander White, Esq., was the Union candidate in the Talla- dega District, and the opposition to him was concentrated upon S. F. Rice, Esq., as the Southern Rights candidate. Mr. White gained the victory. Mr. Cobb, in the Huntsville District, had matters his own way, and Gen. Houston defeated Maj. Hubbard
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upon the issue in the Florence District. So the Compromise men elected four out of the seven members of Congress, and carried the Legislature and popular vote of the State by a large majority.
Many politicians thereupon looked to a new organization of parties in the South, upon the basis of the Compromise measures, and this calculation was largely increased by the election of Sen- ator Henry S. Foote as Governor of Mississippi, over Col. Jeffer- son Davis, his competitor, on this leading issue. This election came off in November, 1851, about the meeting of the Legisla- ture of Alabama, and Gov. Foote passed through Montgomery, soon after his election, for Washington, to take his seat in the Senate until the time for his inauguration approached. He was, of course, invited to deliver an address in the Representative Hall, which he did, and laid out the plan of a new organization.
A Union State Convention was afterward held in the Repre- sentative Hall, presided over by Col. A. Q. Nicks, one of the Rep- resentatives from Talladega county, and an organization effected, apparently, by the appointment of delegates to a National Union Convention, and the nomination of Presidential Electors for the State and Districts. It was a large Convention, imposing both in numbers and in character.
The Democratic party had, in the meantime, set on foot meas- ures to organize preparatory to the Presidential election of 1852. At first there were obstacles in the way, but they yielded, and a call was issued by the leading men of the party, among them the late Col. King, Gov. Fitzpatrick, and Gov. Collier, in pursuance of which a Convention was held in January, 1852, and an organ- ization completed upon the basis of a resolution offered by Col. Phillips, of Mobile, to the effect that the State of Alabama ac- cepted the Compromise measures as a final settlement of the slavery question. Gen. Frazier, of Jackson, was President of this Convention, selected from motives of policy, and on account of his close connection with the Union element of the party. An Elec- toral ticket was formed, and delegates appointed to the National Convention of 1852, which nominated Franklin Pierce for Presi- dent, and William R. King for Vice-President.
THE LEGISLATURE.
The General Assembly convened on the 10th day of November, 1851, the attendance in both Houses being unusually large for the first day. In the Senate, the Whigs and Unionists had a majority, and elected Col. Charles McLemore, of . Chambers, President, without opposition ; William L. Cain, Secretary; W. M. Kidd, Assistant Secretary ; and Thomas F. Pettus, Door-Keeper.
In the House, three candidates were presented for the Speaker-
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ship: Messrs. Nathaniel Davis, John D. Rather, and M. A. King. After the first ballot, Mr. King was withdrawn, and on the second ballot, Mr. Rather was elected by a vote of 53 to 42. This was considered a success to the Union men, as Mr. Rather was mainly supported by them, while the Southern Rights men voted for Mr. Davis, who, although a Union man in sentiment, was opposed to the disorganization of the Democratic party upon the issue. The Speaker organized the House, so far as his power extended, pretty much in accordance with his election; but assigned position to sev- eral gentlemen on the other side, as will appear by the Chairman- ship of the Committees:
On the Judiciary, Mr. R. W. Walker; On Federal Relations, Mr. Beck ; On Ways and Means, Mr. H. C. Lea;
On Internal Improvement, Mr. P. Phillips.
In the Senate, Mr. Gunn was Chairman of the Committee on the Judiciary, and Mr. Jemison Chairman of the Committee on Finance and Taxation.
The message of Gov. Collier was transmitted to both Houses the next day, and 5,000 copies ordered to be printed. It was a document of considerable length, covering thirty-three pages of the printed Journals. Of its ability, and the soundness of judg- ment evinced by the author, no one can doubt who has a knowl- edge of his character. The business items of the message, how- ever, are not sufficiently compressed to allow a fair synopsis here, consistent with the limits of this work.
The leading measures of the session were, the adoption of the Code, and the adoption or rejection of the Georgia Platform, and resolutions approving the course of Col. King, and Mr. Clemens, Senators in Congress, in voting for the Compromise measures. The Code was adopted, but both the others failed under the lead of opponents who were not versed in parliamentary and party tactics.
As the action of Georgia, first at the session of the Legislature, in 1849, authorizing the Governor to call a Convention of the people of the State, on the happening of a certain contingency ; and, secondly, the meeting of that Convention in December, 1850, pioneered the way through the dangers which then menaced the Union, it is necessary to reproduce the 4th section of the Georgia Platform, to show the ground on which the Union party stood in the Alabama Legislature.
The Georgia Convention consisted of 260 delegates elected by the people of ninety-five counties. On motion of the Hon. Charles J. Jenkins a Committee of Thirty-Three, consisting of three from
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each Judicial District, was appointed to consider and report business proper for the Convention. The report was an exceedingly able paper, (occupying nine pages of the printed Journal,) from the pen of Gov. Jenkins, and the 4th section is the following:
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