USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 6
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years thereafter he died. Mr. Rains was a modest gentleman, of quiet address, and observed the strictest rules of propriety in his deportment. He was much respected by men of all parties.
[NOTE .- On reflection by the author, Mr. Rains did not retire until after the session of 1838.]
MEMBERS OF THE HOUSE.
During the session, one member died-Mr. Dunklin Sullivan, of Perry-who was a lawyer of respectable character, matured by a long residence in the State, and many years experience in the Legislature. He was buried with the honors usual on such occa- sions. An appropriate and eloquent address, for the funeral, was delivered by the Rev. D. P. Bestor, a member from Greene.
ALFRED V. SCOTT .- Several gentlemen retired from legisla- tive service at the end of this session, who deserve attention in the record here made up of passing events. Col. Scott, of Mont- gomery, had served a number of sessions in the House of Repre- sentatives, in which he sustained himself as a well 'informed, intelligent gentleman. He was a son of Gen. John Scott, formerly of Milledgeville, Georgia, and was allied with a large and influ- ential connexion in the middle and southern portions of the State. He was highly educated, had mingled extensively in polite circles, had fine taste, which was cultivated by extensive reading and travel, and conversed with ease. Modest and unpretending, with little inclination for public employment, he still drew around him in his public position a large number of admirers, who appreciated his character as a gentleman of the highest standard. Retiring while young, comparatively, he devoted himself to private culture and to his large estates. He took a leading part in the session of 1837, on the subject of the banks and currency, applying his efforts mainly to reform the errors in the management of these State institutions. His position in the House is indicated by his being a member of the Committee on the State Bank and Branches, and next to Judge Smith, the Chairman.
JOHN W. WOMACK had been several years a member from Butler, and had established a character for intelligence and effi- ciency as a legislator. He entered public life very young-enthu-
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siastic, full of life and vim and humor. His social qualities were rarely excelled-warm-hearted, generous, and constant in his friend- ships, forbearing and forgiving to the infirmities of his fellow- men. He was truly a boon companion, the center of the circle, and his society was sought by many who admired his character. In 1836, when excited by the political questions of the day, in a moment of conviviality, he addressed a letter to Gen. Jackson, as President of the United States, returning a document which the President had franked to him as a member of the Legislature. The letter was sharp, stung deeply, and was very unguarded in the language used to so eminent a person. Many of his political friends condemned it as impolitic. Mr. Womack, however, was so well pleased with it himself, that he had it published in the Whig paper at Tuskaloosa. It caused a mighty stir throughout the State, and while the Democratic papers denounced it in unmeasured terms, the Whig papers hesitated in defending it. The sensation seemed to moderate, and Mr. Womack was elected by the people again and again. For a few years, he had a season for "sowing wild oats," but that passed away, and "Richard was himself again," in all the attributes of a man, physicially and mentally. Nature had been lavish of her gifts upon his person. He was tall, without being attenuated, well developed, straight as an Indian, and with a person and manner at once dignified and commanding-a voice deep, sonorous, and well modulated. He had a fine sense of the ludicrous, and his descriptions of scenes of this character were rich and racy. In 1840, he married a lady of wealth in Greene county, where he thenceforth resided. In the meantime, his political opinions underwent material modifications, so much so that he was soon in alliance with the Democratic party, and in 1844 took the stump for Mr. Polk. As was natural to any gentleman of his endowments, he entertained a laudable ambition for high places; but his way was hedged up by that unfortunate letter. Many of the Democratic party never forgave him for it- improperly, as I think with a knowledge of the facts. But in those days there was a hard-shell Jackson Democracy that never relaxed-never forgave; still, in 1847, in the Congressional Nom- inating Convention at Tuskaloosa, over which Mr. Womack pre- sided, I am sure that he could have been nominated with
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unanimity instead of Mr. Samuel W. Inge; and he was impor- tuned to accept, but, from some cause, he positively declined. About this time, Mr. Womack was referred to in a complimentary manner by a Democratic editor, as likely to receive a foreign mission of high grade from the President. He continued to occupy the relation of a private gentleman and citizen, which he filled in its requirement.
During the session of 1851, Col. Judge and myself were return- ing together from the Capitol after adjournment. Just before we reached the Montgomery Hall, Mr. Womack advanced from the corner, meeting us. After a cordial shake of the hands, and our expressions of pleasure at seeing him again, he made no reply, but continued looking at the stream of members coming from the Capitol, saying, "Where is this man Bulger? I have come all the way here to see him; the name strikes me as having some- thing in it-show him to me." It is needless to say he was alluding, in a vein of humor, to Gen. M. J. Bulger, of Tallapoosa county, on account of some peculiarity in the name.
Col. Judge told me that when he first commenced the practice of law, one of the first writs he issued was against Pierce A. Lewis, in which the word "summon" was accidentally omitted, thereby commanding the Sheriff to - "Pierce A. Lewis." Mr. Womack, who was a great friend of Col. Judge, entered a motion to dismiss the writ on the ground that it required the Sheriff to do an unlawful thing, nothing less than to pierce A. Lewis, his client. He went on in his peculiar vein for some time, showing the enormity of the action commanded to be done; and then turned over to the cause of action indorsed on the writ, on the bottom of which Col. Judge had signed his name, with initials "P. A." following, for "plaintiff's attorney." Mr. Womack read it, and noted the two capital letters, saying, "Now, if your Honor please, I don't know what these letters mean, unless it be to pierce him again." The young attorney who brought the action thought his case was gone; but the Court, after indulging Mr. Womack in his farce, refused the motion.
About the conclusion of the war between the States, Mr. Womack died suddenly, regretted by many friends, including those of thirty years' standing.
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DANIEL P. BESTOR also terminated his connection with the Legislature at this session. He was a gentleman of high culture, extensive reading, and a minister of the Baptist Church. He possessed great purity of character and moral worth, and was more at home in the pulpit, and in the atmosphere of literature and religion, than in the Legislature. Leaving to others the man- agement of the bank questions, he addressed himself, early in the session, to a measure for improving and equalizing the advantages of common schools. The better to succeed, he asked the House for a special committee on the subject, which was granted, and he, of course, was placed at its head. He labored much and patiently upon his favorite scheme, and at last reported it to the House, where it at once encountered the opposition of Judge Smith of Madison, Mr. B. G. Shields of Marengo, who was Chairman of the Committee on Education, and some others.
Mr. Bestor obtained the floor, and delivered a speech in support of his bill, which placed him at once in the front rank of speakers in the House. His style was smooth and rich, his manner grace- ful, and his delivery fluent and agreeable. Among other things, the bill contained provisions for a more rigid discipline in the common schools, and this was one of the points on which it was assailed. In reply to the objections, he argued to show the neces- sity of early training and control, not only in the schools, but also in the family; and while doing so, in conclusion upon that point, he uttered this sentence: "Let a young man grow up without restraint, to disobey his mother, and hector it over the servants at home, and he is as unfit to submit to proper government in your higher schools and colleges as the wild horse of the prairies, who snuffing wind in the pride of his strength, is unfit at once to perform all the graceful movements of the equestrian circus." Notwith- standing this effort, the bill was, a few days after, laid upon the table.
In 1839 I attended a Temperance Convention at Tuskaloosa, during the session. Mr. Bestor was there, active in his efforts to promote so good a cause. A proposition was made to memorialize the Legislature to pass a restrictive law, as an adjunct to the efforts of the society. Mr. Bestor opposed it in a speech, in which, among other things, he said: " What was to be expected upon the subject
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of temperance from a body of men, a majority of whom were wafted to their seats upon the tide of ardent spirits?" Mr. Bestor devoted a long life in doing good, and bore the character of an upright Christian gentleman. He died in Sumter county a few years ago.
ROBERT BRODNAX, of Clarke, served in the House previous to 1837, when I first knew him. In the Whig party, and as an advocate of State Rights, he was a master spirit. He had repre- sented Autauga many years. He afterwards removed to Mobile, where he established a commission house. Thence he went to Cuba, where he remained two years, to obtain a knowledge how to raise the Cuba tobacco, and settled in Clarke county, where he engaged in the cultivation of that plant.
In 1860, he supported Bell and Everett, and was opposed to secession; but, after the step was taken, his resistance to Northern aggression was intense. In 1863, he was elected to the Senate, then quite an old man, yet exhibiting the traces of former noble- ness and command. After the surrender he emigrated to Brazil.
JOHN A. ELMORE was a native of South Carolina, and son of Gen. John Elmore, who removed to Alabama, and in whose honor a county has been named. J. A. Elmore commanded a company of volunteers in the Creek war of 1836, and has since been gen- erally known as Captain Elmore. He was elected to the Senate from Lowndes county, in 1837, and took an active part in giving strength and direction to the State Rights party, of which he was a member. He afterwards removed to Montgomery, where he still resides. For several years he was the law partner of the Hon. William L. Yancey. In 1865, he was a member of the State Convention which formed the Constitution of that year.
As a lawyer, Captain Elmore has always maintained a prominent rank. In all the relations of life he is high-toned and agreeable, with a character for integrity surpassed by that of no citizen. He is now considerably advanced in years, and has the satisfaction of looking back upon a useful and honorable career.
In 1860, he was appointed, by Gov. Moore, Commissioner to South Carolina, to consult with the authorities of that State upon
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the political situation. In early life, Captain Elmore married Miss Martin, of his native State, an accomplished lady, who was con- nected with the large and influential family of that name.
SAMUEL B. MOORE, of Pickens, as President of the Senate in 1830, succeeded to Executive functions until 1831, to fill the vacancy caused by the resignation of Governor Gabriel Moore, who was elected a Senator in Congress. In 1837, he again served in the Senate, and then retired from public life.
For a number of years he was Judge of the County Court, which office he filled to the satisfaction of the people. He was a gentleman of fair abilities and strength of character, and always enjoyed the confidence of the people. Judge Moore never married.
The two Houses, as stated, adjourned the day after Christmas and the members returned home to satisfy their constituents, if possible, and to prepare for the coming elections in August, which, in those days, were annual, a provision which existed in the Constitution from the organization of the State Government, in 1819, to 1845, when it was amended so as to authorize biennial elections.
In the meantime, the plan of the Administration to divorce the Government from the banks was extensively discussed in both Houses of Congress, and the public mind, throughout the country, taking up the arguments used and disseminated, drifted into posi- tion. In the Spring of 1838 the bill passed the Senate, but failed in the House. Mr. Calhoun, as the leader of the State Rights party, advocated the measure, with what was then known as the specie feature, requiring all public dues to be paid in coin.
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CHAPTER IV.
Progress-Session of 1838.
In the course of the Spring and Summer of 1838, parties were organized mainly upon the financial questions, and upon the divorc- ing of the Government from the banks. Upon this issue and its influence on the position of the local banks, much feeling was elicited. The leaders of the State Rights school adopted the policy of the administration upon this subject, in its fullest extent, to-wit: an entire separation of the government and banks, in the collection, safe-keeping, and disbursement of the public money in coin. The State Rights men in Alabama generally adopted the views of their leaders, and the canvass for the Legislature this year presented a coalescing of these with the Democratic party. In many counties, the entire ticket elected was taken from the State Rights party, and in others they were mixed according to. elective strength. The Democrats had a large majority in both branches of the Legislature. The policy of the State in relation to the banks, as generally advocated, was to resume specie pay- ments at the earliest day practicable. And there were not a few who professed to be well versed on the currency question, who were confident of the ability of the banks to resume specie pay- ments during the Winter of 1838-9, with the use of the appliances and means adopted, looking to that end. At the previous session, legislation had been moulded with a view to resumption.
Although the action of the State Bank in the effort to obtain specie may partially appear in another chapter, when the condition of the banks at different periods is particularly noticed, it may not be amiss to go somewhat into detail in reference to that proceeding. The directory of the State Bank, in August, 1838, determined to enter the cotton market as one of the best means of accomplishing the desired object. Agencies were organized, post notes issued, and advances made to planters on the cotton crop to be forthcom-
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ing in the early Fall, to be shipped abroad as a bill of exchange to procure specie. Thus it was expected that the planter would be aided in his crippled condition, and encouraged in raising the staple, whilst all the substantial interests involved would be pro- moted. The scheme was plausible enough, and for a time gave fair promise of realizing the cherished object. Newspapers con- tained flaming advertisements of "Cotton Agents," and "Agents for Advancing on Cotton," etc. Post notes were issued, and, as well as the ordinary notes of the banks, used by the hundred thousand; proper forms for receipts, and guaranties, and ware- house certificates were prepared. The agents had their clerks, and matters were conducted with form and ceremony.
MEETING OF THE LEGISLATURE.
On the 3d day of December, 1838, the Legislature met. In the Senate, the attendance was nearly full, and Mr. James M. Calhoun, of Dallas, was elected President without opposition. This was a concession by the Democratic party, not only of Mr. Calhoun's acknowledged fitness for the position, but as a recognition of the alliance which had been brought about under the force of the financial question, between the Democrats proper, and the ex- treme State Rights men. Mr. Jones M. Withers was elected Secretary ; Mr. Thomas B. Childress, Assistant Secretary; and A. R. Thomas, Door-keeper. While some change was made in that body by the retirement or transfer to other positions of several gentlemen, there was in some cases an accession of strength, and in the aggregate this Senate was equal to the last. Mr. Calhoun took the place of Mr. Beene; Mr. Cottrell, of Mr. Elmore; Mr. Green P. Rice, that of Mr. Rather; Mr. McClellan, that of Mr. Arnold; Mr. T. L. Toulmin, that of Mr. Roberts; and Dr. King, of Pickens, that of Mr. Moore. Mr. Posey, of Lauderdale, who at the previous session filled the seat made vacant by the succession of Mr. Mc Vay to the Executive, retired, that Mr. McVay might return to the place he had so long occupied.
In the House, ninety-two members, out of one hundred, an- swered to the call. Mr. McClung and Mr. Shields were both members, and again opposing candidates for the Speakership.
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This contest was marked with more spirit than that twelve months before. The uncertain position of Col. McClung upon the engross- ing question of financial policy rendered the canvass, for a while, doubtful; but the result was in favor of Col. McClung, 48 to 42. William Garrett was elected Clerk, over P. H. May; Joseph Phelan, Assistant Clerk; Thomas Price, Engrossing Clerk; John Tatom, Door-keeper; and James Rather, Messenger.
The House contained many new members, prominent among whom may be mentioned, John P. Booth of Barbour, William B. Martin of Benton, Walter H. Crenshaw of Butler, G. W. Creagh of Clarke, James M. Bolling of Conecuh, Elisha Young of Greene, Samuel S. Earle of Jefferson, Henry W. Hilliard and George D. Shortridge of Montgomery, Blanton McAlpin and Abner S. Lips- comb of Mobile, William E. Blassingame of Perry, James Aber- crombie of Russell, Felix G. McConnell of Talladega, M. M. Burke of Wilcox, and Mathew W. Lindsay of Morgan.
GOVERNOR'S MESSAGE.
The annual message of Gov. Bagby was delivered to the two Houses on Tuesday. In it he presented a concise view of the ope- rations of the Government for twelve months. The leading topic of the message was the State Banks and Currency in reference to the pecuniary condition of the State. He alleged many defects in the system under existing laws, and recommended several changes with a view of correcting the evils. The defective organization and management he considered as attributable to the following causes:
1. The want of some general head, or controlling principle.
2. The frequent election of numerous Boards of Directors by the Legislature.
3. The mode of compensating the directors in the shape of dis- counts and accommodations.
4. In not requiring the banks to keep a large amount of specie in their vaults in proportion to their circulation.
5. The transaction of too large a portion of their business on long time. Under the last head will be included, of course, the unreasonably large sums loaned to individuals.
In regard to the election of directors, he recommended that the
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number be reduced to six, the Governor to nominate double that number, from which the two Houses were to elect, and a compe- tent salary to be allowed for their services.
Relative to the advances made upon cotton by the State Bank, the Governor was very explicit in questioning the authority for the exercise of such power, as well as the policy. He used this language:
The arrangement entered into by the Bank of the State of Alabama, on the 29th day of August last, to make advances on cotton, has been brought to my notice in such a variety of ways that I do not feel at liberty to avoid submitting a remark upon it. Perhaps there is no principle more universally recognized than, that corporations possess no powers except such as are conferred upon them by the acts creating them ; and that they are not at liberty to undertake to promote one interest of the community, or any portion of it, to the exclusion of the rest; but can only do such things as they are authorized to do by the acts creating them; and they must do such things as they are authorized to do in the mode pointed out by the charter, and in no other mode.
It is readily admitted that the planting interest, which this arrangement was evidently intended to favor, is the most important, and that the planters them- selves constitute our surest and safest reliance in any emergency. But they are not entitled to favors to which other classes of the community are not equally enti- tled, and upon the same terms. The liberties of the people of this country rest on the broad platform of equal rights, and any attempt to discriminate between them, is striking at the foundation of our political system. I am, therefore, of opinion that this, and all similar arrangements are indefensible in principle and practice.
The two Houses proceeded to business with the prospect of a long, arduous session, rendered the more certain from the haste of getting through the previous one, in which many important matters of public interest were overlooked and postponed.
In the Senate, Mr. Riddle, of Greene, continued Chairman of the Committee on the State Bank and Branches; and in the House, these responsible duties were imposed upon Dr. David Moore, of Madison. In both Houses the committee was composed, in the main, of strong men of experience, and representing the various banking and financial interests of the State.
It would be curious, and to some extent interesting, but tedious, and I conceive unnecessary, to note the many propositions brought forward hurriedly by members in relation to the banks. Their titles were various, and generally commendatory of the patriotism and sagacity of the movers. For instance, "A bill to relieve the people and sustain the banks." This was considered a good form for the caption of a bill, without much regard to the substance of the bill itself; and so they came in, and going, as fast as introduced, to the Committee on the State Bank and Branches. The Bank
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reports were received, additional information called for and fur- nished, and with these, and the Governor's views, the committee went to work.
STATE PRISON.
At this session several important measures were adopted ; among them, the establishment of a penitentiary. This measure had been strongly urged by Gov. McVay, in his annual and only mes- sage in 1837; but the recommendation was not then acted upon. The fact that the adjoining States of Tennessee and Georgia had adopted the policy, had a good deal of weight with the majority. But the bill encountered strong opposition in both Houses, and passed the House of Representatives by a vote of 48 to 36, and in the Senate by an easy majority. The bill provided that the site of the institution should be determined by a majority of the two Houses; who should, also, elect three commissioners to compile for the consideration of the Legislature, a penal code adapted to the change. Wetumpka, Montevallo, Centerville, and Marion were placed in nomination for the site, and, on the first ballot, Wetumpka was elected. Messrs. William Hogan, Malcolm Smith, and A. M. McWhorter building commissioners, etc. The three Judges of the Supreme Court, Collier, Goldthwaite, and Ormond, to prepare a penal code.
This action of the Legislature was an onward step in the march of jurisprudence, and in keeping with the spirit of the age. Man- kind had already begun to exhibit those new traits of character in cunning, dishonesty, and villainy, which, in every age, attend progress and development of the productive ability of a people, and especially so in this age. The expansion of paper money and credit had opened a new era, and developed new features of char- acter requiring a different form of punishment, and with greater certainty, which, more than anything else, deters men from the commission of crime. Under the trials of veteran offenders, and the rigid technicalities of the law, with the old punishments of hanging, branding, cropping, whipping, and the pillory, but few men in this day, whatever the enormity of the crime, could be brought to punishment. Public opinion, in its progress, has kept
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such modes of penal justice in the back ground, as the relics of a barbarous age. It is proper to say that the Hon. B. F. Porter was the author of the measure establishing a State prison and peniten- tiary in Alabama. Subsequently his efforts in the Legislature went to the extent of proposing to abolish capital punishment alto- gether, and substituting therefor solitary imprisonment for life. His speeches on this subject have been published in pamphlet form, and do honor to the goodness of his heart, if not to his sagacity as a statesman.
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