USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 62
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Mr. Moss certainly had an encouraging future in prospect, pos- sessing as he did talents of no ordinary class, aided by strong appli- cation and well-regulated habits; but in 1854, or thereabout, he fell a victim to yellow fever, and the community in which he resided lost a favorite, and the State a rising citizen.
JOHN D. RATHER, of Morgan, took his seat in the House first in 1849, and served through the session with marked credit and ability for a new member and young man. He had been engaged in the practice of the law in Morgan, where he was raised and came forward. In 1851, he was reelected, accepting the Compro- mise adjustment of the territorial questions, and, at opening of the session, was elected Speaker of the House, over Mr. Nathaniel Davis. He made a good presiding officer, and displayed, in the organization of the committees, a liberal and enlightened judg- ment. He was well sustained by the House in his administration of parliamentary law, and altogether acquitted himself to the sat- isfaction of the members.
575
Reminiscences of Public Men in Alabama.
A few years previously, he had been elected Brigadier-General of Militia, and in 1856, he was upon the Democratic Electoral Ticket. In 1857, he was elected Senator from the District of Mor- gan and Limestone, and in 1859, he was elected President of the Senate, to the discharge of the duties of which station he brought the experience of his term as Speaker, and further maturity of mind and character.
Gen. Rather was more solid in fact than showy in appearances, and accepted place, not only for the honors it brought, but in order that he might perforin a public duty, without ostentation, and in a plain, matter-of-fact way. He still lives, and, if I mistake not, is engaged in the practice of his profession at Tuscumbia. ,
PRICE WILLIAMS, of Mobile, was a native of Virginia. In early life, he settled in Livingston, Alabama, where he held the lucrative office of Clerk of the County Court for many years, and was a model of neatness and efficiency. Having acquired consid- erable property by prudent management, he removed to the city of Mobile in 1848, where he became a partner in the commercial house of Baker, Williams & Co.
He had been a citizen of Mobile several years without partici- pating, to much extent, in public affairs, when, at a public meeting held in the city in the summer of 1851, he was brought forward as one of the speakers; and his effort so impressed the audience, that he was nominated on the ticket of the Southern Rights De- mocracy, and elected. He took a prominent position in the House, and was made Chairman of Banks and Banking, and placed on the Committee of Ways and Means.
In his duties as a legislator, Mr. Williams exhibited that energy, industry and wise forecast which marked his course through life, and he closed his legislative career of one session with an enviable reputation. He was conscientious, prompt and decided in the per- formance of duty, and in the maintenance of principle. I heard him make a speech in the Grand Lodge, in the Winter of 1851, on the introduction of politics, or an attempt to introduce the sub- ject, in a report read to that body. Mr. Williams met it on the threshold, in bold, stern opposition, in which he vindicated the character of the Order from interference with such questions, or allowing them to enter their deliberations. The speech produced a profound sensation, and the Lodge sustained his position.
Mr. Williams is President of the Board of Trade in Mobile, a real estate broker, and a gentleman of public spirit, social and . moral worth. For more than thirty years, he has been an exem- plary member of the Methodist Episcopal Church.
576
Reminiscences of Public Men in Alabama.
JAMES S. WILLIAMSON, of Lowndes, was elected in 1851, on a full "Compromise" ticket. He was a Democrat who adhered firmly to the Union, as contra-distinguished from the Southern Rights wing of that party, and took a decided stand upon the "Georgia Platform," which he maintained in speeches and by votes.
He was a son of Judge Peter Williamson, a man of position and influence in his day-was well educated, and a planter. From his ready off-hand skill in debate, I infer that he belonged to the legal profession, although of this fact I am not certain. He was a member of the Convention in 1861, and advocated and voted for secession, taking an active interest in the formation of a new government.
When hostilities commenced, Mr. Williamson entered the ser- vice as a Captain, and in one of the battles in Virginia, he was killed. He was a brave, conscientious man, and while he abided in his convictions the action of Congress upon the slavery ques- tion, as a final settlement, in 1861 he redeemed his pledge of 1851, to resist any infraction of the terms of that settlement, and sealed his sincerity with his life's blood. In his private relations, he was a gentleman of much respectability and substance of char- acter.
BENJAMIN M. WOOLSEY, of Dallas, was a member of the House in 1851. He was a Whig, and was elected as favoring the Com- promise. He was again elected in 1855, and served through both sessions with credit to himself and with advantage to the public.
Mr. Woolsey was a native of Augusta, Georgia, but raised prin- cipally and educated in Mobile, and there entered upon the prac- tice of the law. He afterward married in Dallas, in which he settled, taking rank in a few years as one of the leading men of the county. His interest in planting diverted his mind a good deal from legal pursuits; yet he held a high position at the bar, and in the legal fraternity.
In private life, Mr. Woolsey is a gentleman of much purity of character, and of agreeable social qualities; but he could hardly be otherwise, raised by such a mother as he may boast-the pres- ent Mrs. Andrew-a lady of exalted worth, intelligent, dignified and accomplished, who has been lately called to mourn the death of her venerable consort, the Senior Superintendent of the Meth- odist Episcopal Church, South.
577
Reminiscences of Public Men in Alabama.
CHAPTER XXXII.
Session of 1853-Inauguration of Gov. Winston - Elections and Sketches-Hon. F. S. Lyon, Dr. A. A. Lipscomb, and others.
As a result of the reorganization of parties in the Winter of 1851, delegates attended the Democratic and Whig National Con- ventions at Baltimore, in 1852-the former nominating General Franklin Pierce and Col. William R. King, and the latter nomi- nating Lieut. Gen. Winfield Scott and the Hon. William A. Gra- ham, as their respective candidates for President and Vice-Presi- dent of the United Stetes. A Southern Rights Convention held in Alabama nominated Gov. Troup, of Georgia, for President, and Gen. Quitman, of Mississippi, for Vice-President, who received a scattering vote. At the polls, the result in Alabama was, 26,881 for Pierce, and 15,038 for Scott-showing a majority of 11,843 in favor of the former candidate.
In the Spring of 1853, a State Convention was held at Mont- gomery, at which John A. Winston was nominated for Governor. The subject of State aid to railroads began to be discussed, and had many advocates in various parts of the State, particularly the project of uniting North and South-Alabama by a central main trunk line. There was no settled plan of cooperation throughout the State with the friends of that policy; but in some localities the feeling was strong, and encouraged opposition to Mr. Winston, which, however, was fruitless, as will be seen hereafter.
In many portions of the State the Temperance question, and the policy and constitutionality of an Anti-Liquor Law, as it was called, became an exciting topic. In the Spring of 1853 a Tem- perance Convention, largely attended, met at Selma, and, among other things they adopted the draft of a bill to be submitted to the Legislature at the next session, prohibitory in its design, which was sent out, and produced an issue in many counties; but in the shape it was prepared the measure failed to go through either House. Both branches of the Legislature were Democratic-that party having a majority in the Senate for the first time since 1847.
Pending the canvass of 1853, there was a contest in some of the districts, for Congress, when the following gentlemen were elected from their respective districts :
1. Philip Phillips, of Mobile;
2. James Abercrombie, of Russell;
3. Sampson W. Harris, of Coosa; 37
578
Reminiscences of Public Men in Alabama.
4. William R. Smith, of Fayette;
5. George S. Houston, of Lauderdale;
6. Williamson R. W. Cobb, of Jackson ;
7. James F. Dowdell, of Chambers.
Of these seven Representatives, Capt. Abercrombie was the only Whig elected to Congress; the others were all Democrats. Mr. Dowdell was the only new member, and a sketch of him will appear hereafter.
THE LEGISLATURE.
The General Assembly met on the 4th of November, 1853. The attendance was general on the first day. In the Senate, Gen. Joseph P. Frazier, of Jackson, was the nominee of the Democratic party for President, and was opposed by Col. William B. Martin, of Benton. Messrs. Blake, of Dallas, and Hewlett, of Walker, claiming to be Democrats, and all the Whigs voted for Mr. Martin, which secured his election. Joseph Phelan was elected Secretary ; D. S. Nicholson, Assistant Secretary; and. James Austin, Door- Keeper.
In the House, William Garrett, of Coosa, was unanimously elected Speaker. For Clerk, the contest was as follows:
A. B. Clitherall.
1st Ballot. 28
2d Ballot.
32
Malcolm D. Graham.
43
52
J. F. Johnson ..
7
5
Thomas E. McIver
3
3
J. T. S. Pack.
13
3
Mr. Graham was elected Clerk; Mr. Albert Elmore, Assistant Clerk; Mr. James A. Hogan, Engrossing Clerk; and Mr. James R. Brumridge, Door-Keeper, over James H. Owen, who had long efficiently discharged the duties, but became disqualified by dissipation, of which he died in a few years after his defeat.
The two Houses contained a large amount of talent and expe- rience, and the discussions upon various questions were conducted with marked ability. The leading speakers were, in the Senate, Messrs. Watts, Blake, Baker, Bethea, Jemison, Ashley, etc. In the House, Messrs. L. P. and Percy Walker, Belser, Judge, Coch- ran, Meek, Hubbard, Hall, Greene, Curry, Martin, Shelley, Humphreys.
The position of several gentlemen in the two Houses is indi- cated by the chairmanship of Committees. In the Senate:
On the Judiciery, Mr. Blake;
On Finance and Taxation, Mr. Dickinson;
On Banks and"Banking, Mr. Bradford;
On Education,"Mr. Malone,
579
-
Reminiscences of Public Men in Alabama.
In the House:
On the Judiciary, Mr. Cochran; . On Ways and Means, Mr. Scott;
On Education, Mr. Meek;
On Internal Improvement, Mr. Curry ;
On Propositions and Grievances, Mr. Foscue.
The annual message of Gov. Collier was transmitted on the 15th November, which occupies thirty-seven pages of the printed Journals.
After some beautiful and touching preliminary remarks, the Governor alludes to the death of Hon. William R. King, Vice- President of the United States, in a style of eulogy well deserved by the character and public services of that eminent citizen of Alabama.
The message is laid off into sections, and under each head he examines, with more or less elaboration, the following topics:
1. Internal Improvements. .about 12 pages.
2. Mobile Bay and its Improvement. .1 page.
3. Atlantic and Pacific Railroad. 3 pages.
4. * The Code of Alabama 2 pages.
5. Commissioner and Trustee to settle affairs of State Bank, etc. . . 2 pages.
6. Banks and Banking. .2 pages.
7. University, Education, etc. 3 pages.
8. Judiciary, and Elections by the People .1 page.
9. Taxes-Their Assessment, Collection, etc . 2 pages.
10. Penitentiary, etc. . 1 page.
11. Slaves-Sale of under Execution, etc. 1 page.
12. Line between Alabama and Georgia 1 page.
13. The Militia and the Military 2 pages.
14. Miscellaneous 4 pages.
From the above statement, some idea may be formed of the substance of the message. It was a carefully prepared state paper at the close of his administration, and Gov. Collier has thus placed upon record his views of public policy, which may be referred to with profit by all who desire to trace the progress of certain measures.
OFFICIAL VOTE FOR GOVERNOR.
On the 18th November, the two branches of the General Assem- bly convened in the Representative Hall, to count the votes for
* The Code subsequently adopted by the Legislature was printed by Thomas DeWolf and F. H. Brittan.
580
Reminiscences of Public Men in Alabama.
Governor; and after the official returns were examined, the fol- lowing result was declared:
For John A. Winston. 30,116 votes.
For William S. Ernest 10,157 votes.
For Alvis Q. Nicks. 5,763 votes.
For - - Walker.
561 votes.
5 votes. For - Baker.
Scattering
31 votes.
Mr. Winston having received a majority of all the votes polled on the first Monday in August, 1853, the Speaker declared him duly elected Governor of Alabama for the term prescribed by the Constitution.
There were two leading measures discussed and voted upon during the session : First, the subject of State aid to railroad com- panies; and second, a system of free public schools. The first was defeated, and the second was successful, having passed through both Houses, after much amending and side discussion. Here commenced the system of free public schools in Alabama; and it is worthy of remark, that the measure was brought forward by so competent a scholar and legislator as Judge Meek.
BANK COMMISSIONER.
The Hon. Francis S. Lyon, who had for years discharged the duties of Commissioner and Trustee of the Banks, made his final report, and signified to the General Assembly his intention to retire from the labors of the office. The House Journal (page 129) states:
Mr. Bell, from said Committee, to whom was referred the report of F. S. Lyon, Commissioner and Trustee to settle the affairs of the State Bank and Branches, and to provide for the payment of the public debt, with instructions to audit and settle his accounts, then reported that they had discharged that duty, and a settle- ment of said accounts and settlement, together with the following resolutions :
Resolved, That the House of Representatives has learned with regret the deter- mination of F. S. Lyon to retire from the office of Commissioner and Trustee of the State Bank and Branches, the duties of which he has so long discharged with such distinguished fidelity and ability.
And be it further resolved, That in evidence of their high appreciation of his services, the thanks of the House of Representatives are hereby tendered to him, and that the Speaker of the House of Representatives be requested to furnish him with a copy of these resolutions.
The concluding resolution was unanimously adopted by the House, and the Speaker, accompanied by several gentlemen of position-among them Mr. John G. Graham, then of Wetumpka, now in Texas-waited upon Mr. Lyon, at his rooms in the Ex- change Hotel, and delivered to him a well-prepared copy of the
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Reminiscences of Public Men in Alabama.
resolution. After the proceedings of the session shall be noticed, a sketch of Mr. Lyon's public life will be given for the encour- agement of young men, and for the approbation of all classes.
DEATH OF VICE-PRESIDENT KING.
From the House Journal (page 537) the following is an extract:
Mr. Sterritt, from the Joint Select Committee, to whom was referred so much of the Governor's message as relates to the death of the Hon. William R. King, Vice-President of the United States, submitted to the House joint resolutions, and also the following report :
That, in responding to the suggestions of the Hon. Henry W. Collier relative to the melancholy event, your Committee but too sensibly feels the inadequacy of language to convey, in suitable terms, the profound and pervading grief which the announcement of this mournful affliction brought, not only upon our beloved Alabama, but on our common country. The deep sorrow evoked by this sad, but not unlooked-for event, penetrated the bosom and throbbed in the hearts of his countrymen, without distinction of party, and inspired a common desire to unite and testify their full appreciation of his private virtues and public services. The enumeration of those virtues and the recital of those services belong, not to this occasion, but to our country's history. Holding, as we do, in grateful remem- brance his high and excellent qualities of head and heart which adorned his life as a private citizen and as a public servant, we can not but acknowledge how frail a memento of departed worth is the sculptured column which shall rise to perpet- uate his name, compared to that more enduring monument which he has reared in the patriotic hearts of his countrymen! Therefore,
Be it resolved by the Senate and House of Representatives in General Assembly con- vened, That while the State of Alabama deplores the death of the Hon. William Rufus King, Vice-President of the United States, she will ever cherish, with emo- tions of gratitude, his memory as one of her earliest devoted friends and worthiest patriotic sons.
And be it further resolved, That in his death, the State of Alabama has lost one of her brightest jewels, the country a public benefactor, and republicau freedom an able and consistent friend.
And be it further resolved, That as representatives of the State, in whose behalf he rendered signal services in the weakness of her infancy as well as in the strength of her riper years, we desire to record upon the legislative archives of the same the deep sense of gratitude we entertain for his public services, and the sincere regret we feel for his death.
These resolutions were unanimously adopted in both Houses.
INAUGURATION OF GOVERNOR WINSTON.
On the 20th of December, Gov. John A. Winston was inaugu- rated in the presence of the two Houses, and of a vast concourse of citizens assembled to witness the ceremonies.
In his very appropriate address, he declared his political creed to be that embraced in the doctrines of the State Rights party, and gave his reasons, as opposed to consolidation. He was in favor of applying all trust-funds faithfully; and if the State should at any time have a surplus in the Treasury, it might be loaned to railroad companies, on adequate security ; but in no event should
582
Reminiscences of Public Men in Alabama.
the State engage in works of internal improvement, or become security for such, until the whole public debt shall be paid. He declared himself in favor of a judicious system of popular educa- tion, and of sustaining the University. Toward the close of his address, the Governor said:
Senators and Representatives, when the public debt shall have been extin- guished-when we shall be prepared to execute every trust confided to us-when we shall have a wise, just and permanent code of laws, faithfully administered- when our sons shall be educated at our own noble University-when our daugh- ters shall be accomplished and reared into womanhood in their own sunny South- when we shall have a judicious system of popular education-when every section of the State shall be connected by works of internal improvement, constructed by the energy and enterprise of its citizens-I say, when we shall have all these, and at the same time a faithful administration of the General Government, according to a strict construction of the Constitution, how great, prosperous and happy a people we shall be! and what a proud eminence our beloved State will then occupy among her sisters in the galaxy composing the Republic!
Gentlemen, it will be my pride and my pleasure to act with you heartily in all measures which may tend to accomplish these objects, and to effect results so glorious.
BASIS OF REPRESENTATION.
In apportioning Representatives in Congress, the attention of the Senate was engaged in a lengthy and able debate on the basis, whether it should be Federal, or confined to white persons, which was participated in by T. H. Watts, B. H. Baker, W. A. Ashley, T. B. Bethea, Samuel R. Blake, and Wm. Woodward. The House had entered so fully upon the School and Internal Improve- ment questions, that the members were not disposed to second the Senate in the discussion; the bill passed, however, based on the white population.
SENATORIAL ELECTIONS.
A vacancy had occurred in the United States Senate, by the resignation of the Hon. W. R. King, which had been supplied by the Executive appointment of Ex-Gov. Fitzpatrick. The latter was elected by a vote of 107, without any opposition, to serve the unexpired term, till 3d March, 1855. .
The term of Senator Clemens having expired on 3d March, 1853, Mr. C. C. Clay, Jr., was elected his successor by a vote of 85, without any regular opposition-some scattering votes having been given, 37 for R. W. Walker, and 6 for Mr. Clemens.
JUDICIAL ELECTIONS.
The two Houses proceeded to the election of Judges of the Su- preme Court, under a reorganization of that tribunal, and the re- duction of the number of Judges from five to three.
583
Reminiscences of Public Men in Alabama.
William P. Chilton was elected without opposition. George Goldthwaite was elected by a vote of 89, against 36 given for Chancellor Lessene. For the third seat, Samuel F. Rice, John D. Phelan, and George W. Stone were competitors, as the ballots will show:
Ballots.
Rice.
Phelan.
Stone.
First
36
50
22
Second
35
50
41
Third
39
49
39
Fourth
42
48
38
Fifth
40
52
36
Sixth
41
51
36
Seventh
38
55
34
Eighth
39
51
34
Ninth
41
54
31
Tenth
59
64
6
Eleventh .
65
59
*
It will be perceived from the above table that, on the 10th bal- lot, Judge Phelan came within one vote of an election. On the 11th ballot Judge Rice had a majority, who was declared duly elected.
During the recess, Gov. Collier appointed the Hon. Lyman Gibbons a Judge of the Supreme Court, to supply the vacancy of Judge Dargan, resigned.
For Chanceller of the Southern Division, to supply the place of Joseph P. Saffold-Wade Keyes, Francis Bugbee, and Ster- ling G. Cato, were placed in nomination. .
Ballots.
Keyes
Bugbee
Cato
First
43
32
48
Second.
45
28
50
Third .
47
30
46
Fourtth
53
17
50
Fifth .
66
*
58
Mr. Keyes having a majority on the fifth ballot, was declared duly elected.
For Chancellor of the Northern Division, the contestants were A. J. Walker, Septimus D. Cabaniss, Lemuel Cook, and Louis Wyeth.
Ballots.
Walker.
Cabaniss.
Cook.
Wyeth.
First Ballot.
50
36
18
18
Second Ballot
56
38
*
16
Third Ballot
70,
44
8
* Withdrawn.
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Reminiscences of Public Men in Alabama.
Mr. Walker having a majority of all the votes cast, was deelared duly elected Chancellor of the Northern Division.
For Solicitor of the Ninth Circuit, John J. Woodward received 71 votes and was elected over Johnson J. Hooper, who received 59 votes.
For Solicitor of the Second Circuit, the following gentlemen were the candidates:
1st.
2d.
J. A. Stallworth
62
75
Girart Hewett.
26
27
John McCaskill
25
18
William A. Beene
18
14
The first named on the list was proclaimed victor. For Solicitor of the Seventh Circuit, the competitors were :
1st.
2d.
3d.
A. E. Vanhoose
48
55
66
E. P. Jones.
44
47
48
Thos. E. Barclay
10
*
B. B. Little.
10
8
*
John H. Inge.
17
10
14
PUBLIC EDUCATION.
In the organization of free public schools at this session, a State Superintendent was provided for, to be elected by joint vote of the two Houses. For this office, the following gentlemen were placed in nomination :
1st.
2d.
3d.
4th.
William F. Perry
32
35
40
55
A. A. Lipscomb
31
29
43
46
B. F. Porter
8
10
6
*
J. W. Taylor.
5
*
F. G. Freeman
19
19
14
*
T. W. Bradley.
9
*
It is proper to remark that only two of these gentlemen, Messrs. Perry and Lipscomb, were regarded as contestants. The others were absent, and their names used without their knowl- edge, through the partiality of friends.
* Withdrawn.
585
Reminiscences of Public Men in Alabama.
SECRETARY OF STATE.
For this office there was a hard contest between Mr. Benham, the incumbent, John H. Caldwell, Esq., and Gen. R. W. Higgins, as seventeen ballotings will show:
Ballots.
Benham.
Caldwell.
Higgins.
First
47
36
37
Second.
44
37
36
Third .
50
38
31
Fourth
43
32
30
Fifth
50
37
30
Sixth.
51
39
27
Seventh
53
42
23
Eighth
52
41
21
Ninth
54
41
20
Tenth.
58
58
*
Gen. Higgins was here renominated, and Messrs. A. B. Clither- all and Thomas Harrison nominated. Thence the votes stood:
Ballots.
Benham
Caldwell
Higgins
Clitherall
Harrison
Eleventh
53
39
15
11
4
Twelfth
54
43
17
5
2
Thirteenth
57
44
14
3
3
Fourteenth
56
42
15
4
5
Fifteenth.
57
42
14
5
3
Sixteenth
60
47
12
4
*
Seventeenth
62
52
*
*
From the number of names before the Convention of the two Houses for Secretary of State, the stubborn contest, and the small vote cast on the final ballot, when Mr. Benham was elected, it was evident that neither was acceptable to a good many of the members.
ADJOURNMENT.
The session was long and laborious, terminating on the 18th of February, 1854. The new Code of Laws, adopted in 1851, and the repeal of all laws not contained in it, was discovered, when it was published, to be defective, in omissions and changes that ex- cited public discontent; and the correction of these errors, and giving consistency to the Code, engaged a large portion of the public time. Other measures of more or less importance were acted upon during the session, which, for the want of space, can not be particularly noticed.
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