USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 66
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CHAPTER XXXIV ..
Pestilence in 1854-Elections of 1855-Legislature-Gov. Winston's Vetoes-Judicial Elections and Sketches.
The year 1854 will long be remembered by the people of Mo- bile and Montgomery, for the prevalence of the yellow fever, of a malignant type. Many citizens of both places died; some of them prominent in business and social position. In Montgomery, among those who fell a prey to the disease, was Judge NIMROD E. BENSON, who, though not connected with the State Government officially, deserves a notice in this work.
JUDGE BENSON came to Alabama a young man, about the pe- riod of the formation of the Territorial Government, and became a leading citizen, not only of Montgomery, but of the State. He was a South Carolinian, educated at Columbia College, and there prepared for the practice of the law. He soon acquired a high rank in his profession, and his judgment on legal subjects was much confided in. He was repeatedly elected to the Legislature, and was Judge of the County and Orphans' Court, and Mayor of the city, at different periods.
Many years before his death, he was appointed Receiver of Public Moneys at the Land Office at Montgomery; and, although interrupted in the occupancy by political changes in the Federal Government, he held the place at the time of his death, and had just returned from Mobile, whither he had gone to make his peri-
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odical deposits of the public money, in September, 1854, when he sickened and died suddenly.
He was a Democrat of theold Jackson school, but so prudent and respectful, where differences of opinion existed, that his per- sonal and fraternal relations were strong and harmonious. At the time of his death, he was the oldest Mason in Alabama, and had filled the office of Grand Master of the Grand Lodge in the in- fancy of the Order in the State, besides occupying honorable posi- tions in the Grand Chapter.
In estimating Judge Benson, it would be enough to say that he was the legal patron of Gov. Fitzpatrick, Judge Henry Goldthwaite, Gov. George W. Towns, of Georgia, and Senator George Gold- thwaite, all of whom, if I have been correctly informed, studied law under his direction, and took from him their first lessons in legal knowledge. The public career of each reflects honor upon their preceptor, and connected Judge Benson with some of Ala- bama's leading men:
For many years, indeed from the time I first knew him, he had abandoned the bar and had engaged in other pursuits more suited . to his taste as he advanced in age. Gov. Fitzpatrick very properly nominated him as one of the Directors to take charge of the assets on the liquidation of the Branch Bank at Montgomery; and in all the public trusts which he held, I never heard a whisper of dis- trust of his ability and integrity. Upon the occasion of building the new Capitol at Montgomery, after the removal of the Seat of Government had been determined, he was elected Mayor, with an eye to his energy and good judgment in over-looking the work, and he came fully up to the trust.
Judge Benson was not, nor did he try to be, a showy man. His attainments were solid, and his character was based upon the prin- ciple of right and justice in his transactions with his fellow-men, and in the discharge of public trusts; and in the practical exhibi- tion of these, he was equal to any gentleman I have known in the State. He possessed moral courage and frankness, and in his intercourse with society he practiced no disguise, and never hesi- tated, when he thought it was right, to tell his friend of a fault, or to warn him of approaching danger. Alabama has had few such citizens, in all the attributes of an upright man, and a true Mason, as Nimrod E. Benson. He represented a class of men who have pretty much passed away, leaving the savor of a good name and example for the men of this day.
ELECTION FOR GOVERNOR.
A new organization presented itself in 1855, and entered into the elections, from Governor down to the lowest office within the
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gift of the people. In the contest for the Executive, Gov. Win- ston stood for reelection, as the representative of the Democratic party, which this year had the appendage of Anti-Know-Nothing. Many Democrats went into the new organization, no doubt, from various motives, and a good many Whigs refused to adhere to it, and thus came into the Democratic and Anti-Know-Nothing or- ganization. The canvass opened early, and upon both sides there was activity, a good deal of crimination and intense excitement. The organization of the Know-Nothing party was doubtless ex- tensive and close at the opening of the Spring, and that party, counting numbers, relied upon an easy victory. But the Virginia elections came off in May, in which Gov. Wise, the Democratic candidate, was elected over Mr. Flournoy, breaking the organiza- tion by a thorough canvass of the State, and reforming the Demo- cratic masses. The influence of this result was seen everywhere throughout the South. Alabama followed Virginia at the polls, and after an exciting and bitter canvass, Gov. Winston was re- elected by a large majority. The official vote as announced in convention of the two Houses was, for-
John A. Winston. 42,228
George D. Shortridge. 30,639-11,539 2
Scattering
Total 72,869
For no candidate for the Executive had so large a vote been cast as that received by Gov. Winston, nor had the popular vote at any time previously been so large. In the Presidential election of 1852, it was 41,919; in the contest of 1856, it was 74,291.
CONGRESSIONAL ELECTIONS.
The canvass in this department was earnest and spirited, espe- cially South of the mountain. In the several Districts the follow- ing was the result, as to the candidates:
Elected. Defeated.
1. Percy Walker, K. N., James A. Stallworth, Dem.
2. Eli S. Shorter, Dem.,. .Julius C. Alford, K. N.
3. James F. Dowdell, Dem., .. Thomas H. Watts, K. N.
4. Sampson W. Harris, Dem., William B. Martin, Indept.
5. William R, Smith, K. N.,. Sydenham Moore, Dem.
6. George S. Houston, Dem.,. Opposition nominal.
7. W. R. W. Cobb, Dem., . Opposition nominal.
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Reminiscences of Public Men in Alabama.
COL. ELI S. SHORTER was named for an uncle, the late Judge Eli Sims Shorter, one of the most distinguished jurists of the South, long an ornament to the Bench and Bar of Georgia. In that State, Col. Shorter was born and educated. His father, the late Gen. Reuben C. Shorter, removed to Alabama, and settled in Barbour county, in 1836. Here the son began his career as a lawyer and politician. His first effort to reach Congress was in 1855, when he was successful-which is good evidence of standing and influence in his profession and on the hustings. He belonged to the extreme Southern school, and made several speeches in Congress, marked by a defiant boldness, from one of which, deliv- ered April 2, 1856, a few passages are selected, in a detached rela- tion, yet all showing the spirit and firmness with which he hurled thunderbolts in the National councils.
Do you believe the South, less patriotic now than in the days of the Revolution, will quietly submit to the sacrifice of her rights, and still cling to the Union ? If such is public opinion at the North, let it be at once undeceived. We understand, gentlemen, what our rights are under the Constitution, and, with the blessing of God, we mean to maintain them. We ask for nothing more-will be content with nothing less.
I hope and pray God that my section of the Union may never again, in an evil hour, be inclined to "compromise" with the North on the subject of slavery.
I believe in the right of a sovereign State to secede from the Union whenever she determines that the Federal Constitution has been violated by Congress, and that this Government has no Constitutional power to coerce such seceding State.
I think South Carolina mistook her remedy; secession, and not nullification, ought to have been the watchword.
The extraordinary exertions made by Massachusetts and the Black Republican party of the North, to rob the South of her equal rights in the Territories, have had one effect: You have thoroughly aroused the Southern States to a sense of their danger. You have caused them coolly to estimate the value of the Union; and we are determined to maintain our equality in it, or independence out of it.
The South has planted itself where it intends to stand or fall, Union or no Union, and that is, upon the platform laid down by the Georgia Convention.
We tell you plainly that we take issue with you; and whenever you repeal the fugitive slave law, or refuse to admit a State on account of slavery in her Consti- tution, or our equality in the Territories is sacrificed by an act of Congress, then the star of this Union will go down to rise no more.
Should we be forced to dissolve the Union in order to preserve Southern insti- tutions and Southern civilization, we will do it in peace, if we can-in war, if we must; and let the God of Battles decide between us.
The shadows, sir, of the coming storm already darken our pathway. It will soon be upon us with all its fury.
Col. Shorter was reëlected to Congress in 1857, and retired at the end of his term, in deference, it was said, to the position and claims of Col. James L. Pugh, who succeeded him. When the war broke out between the States, he entered the service as Colonel of a regiment, and participated in the battle of Shiloh, April, 1862. Afterward, he was connected in some form with the Confederate Government, but as I am not advised of its nature and extent, I can give no particulars. Col. Shorter still resides at Eufaula, en- gaged in his profession.
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Reminiscences of Public Men in Alabama.
JULIUS C. ALFORD was a Representative in Congress from Georgia in 1839-42. He had previously served in the Legisla- ture of that State, and was noted for his fearless and stormy decla- mation in popular assemblies-so much so that he was called the " War-Horse of Troup." He commanded a company in the Creek war of 1836, and the day he entered Congress, it is said that a Northern member, on the floor, alluded, in terms of great sym- pathy to, and rebuke of, the manner in which the Indians of Geor- gia had been treated by the whites. Indignant at such blindness and effrontery, Mr. Alford, having just taken the oath of qualifi- cation from the Speaker, rushed to his seat, and with stentorian voice exclaimed: "The gentleman from Massachusetts never saw an Indian, never was scalped in his life-never heard the savage war-whoop. I can enlighten him." Here Mr. Alford gave the war-whoop in fine imitation, and brandished his long arms as if he would let fly the tomahawk at the eulogist of the red man of the forest. Then came a tempest of denunciation upon the Northern fanatics, who busied themselves in matters of which they were wholly ignorant; the imaginary sorrows of a brutal Indian out- weighed in their tender consciences, the misery of innocent women and children whom he had butchered. Away with such contemp- tible stuff, said Mr. Alford. It has disgraced this Hall long enough, and I will hold any member personally responsible who shall dare to impeach the honor or the humanity of the people of my State, in their peaceful and lawful efforts to have the Indian tribes removed beyond her jurisdiction, under the compact of 1802, with the United States.
The manner of Mr. Alford, and his character for courage and resolution, put a stop to such whinings of philanthropy during his term of service in Congress. He was commanding in person, and looked as if fear was as much a stranger to him as it was to the great Roman general, Julius Cæsar, whose name he bore.
Mr. Alford removed to Alabama about the year 1850, and set- tled in Pike county. Age had begun to show its work upon him; but he entered with spirit into the political contests of the day, and was a prominent member of the Union Convention that as- sembled in Montgomery, in 1852. After his defeat for Congress, in 1855, he made no further attempt to renew his former positions in public life. He died several years ago.
THE LEGISLATURE.
The elections for members of the General Assembly terminated largely in favor of the Democratic party. Several prominent Whigs allied themselves with that party, in opposition to the prin- ciples of the new organization, and were elected-as Mr. Patton2
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and Richard W. Walker, of Lauderdale-and a goodly number of the leading men of that party (the Know-Nothings) were defeated, among them, Col. Charles Mclemore and Col. Thomas H. Watts ; while a considerable number of new men came to the surface, who had never before occupied place, and a number were never re- turned to their seats afterward.
The two Houses met at the Capitol on the 12th of November, 1855, and the attendance of members was large. In the Senate, there was a primary contest (in caucus) for President, mainly be- tween William Acklin, Esq., of Madison, and Col. James R. Powell, of Coosa, which attained such intensity that neither could command a majority of a two-thirds vote, and the result was a concentration on Mr. Benjamin C. Yancey, of Cherokee, who was unanimously elected by the Senate. Joseph Phelan was reelected Secretary; Micah Taul, Assistant Secretary, and W. B. Padgett, Door-Keeper.
In the House, Mr. Richard W. Walker was unanimously elected Speaker. While he was eminently qualified for the place, his selection was a concession to the Whig element of the Anti- Know-Nothing party. Mr. Albert Elmore was elected Clerk, Robert H. Chapman, Assistant Clerk, C. C. Gordon, Engrossing Clerk, and -Beason, Door-Keeper.
The two Houses presented a strong array of character and tal- ent. Many strong men were brought out of retirement, where they had long rested, by the force of political questions, and sev- eral new ones came upon the stage who were not before known in public life.
In the Senate, the Committees were arranged, with the follow- ing gentleman at the head:
Mr. Acklin, of the Judiciary ;
Mr. Taylor, of Greene, on Education;
Mr. Bradford, on Banks and Banking;
Mr. Felder, on Federal Relations;
Mr. Prince, on the Military ;
Mr. Wilson, of Jackson, on Accounts and Claims.
In the House :
Mr. Cochran, on the Judiciary ;
Mr. Curry, on Internal Improvement;
Mr. F. K. Beck, on Federal Relations;
Mr. Jackson, on the Military ;
Mr. Winston, on Ways and Means;
Mr. Taylor, of Chambers, on Accounts and Claims.
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MESSAGE.
The annual message of Gov. Winston was transmitted to the two Houses on Tuesday, a document short and pithy, not occupy- ing more than thirteen pages of the printed Journals. The sec- ond paragraph alludes, in a very appropriate manner, to the death of ex-Gov. Collier, his immediate predecessor.
GOVERNOR'S INSTALLATION.
Gov. Winston, having been formally notified of his reelection, and a Committee appointed to make suitable arrangements, en- tered upon the second term of office on the 18th of December, 1855, in presence of the two Houses, and a large audience in the galleries of the Representative Hall.
A pamphlet of seventy-six pages, compiled by P. H. Brittan, Esq., has been published, entitled, "The Veto Messages of Gov. John A. Winston: Session of the Alabama Legislature of 1855- '56, with a Memoir and Appendix." From this document, it ap- pears that Gov. Winston exercised the veto power in disapprov- ing and returning thirty-three bills, general and local.
The veto messages of the Gocernor were all, as a matter of course, entered upon the Journal of the House, to which they were addressed. Much irritation must have existed between the two departments, leading to acrimony in the debates. The Gov- ernor held his ground firmly, and, although he exercised the power with unusual frequency, there can be no doubt that some of his vetoes saved the State much embarrassment, and the people from heavy losses.
The Legislature took a recess from the 21st of December to the 7th of January, and finally adjourned on the 15th of February, 1856. Several elections were had during the session, which will be noticed, and remarks made in connection with them.
Gov. Fitzpatrick was elected by a vote of 79, over Luke Pryor, who received 45, for a full term in the Senate of the United States.
MR. PRYOR was a member from Limestone, and was compli- mented by his party, of which he was a prominent member, with 'their vote. He was a lawyer of some reputation, a gentleman of public spirit, and was at this session enlisted in the general pro- jects of internal improvements which had been brought forward. He was a leading man in this, the only session he served.
For Judge of the Supreme Court, there was a stubborn contest, mainly between George W. Stone, Robert B. Brickell, and David
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Reminiscences of Public Men in Alabama.
Clopton. In its progress, James B. Clark, William G. Jones, Andrew B. Moore, E. Woolsey Peck, and Joseph W. Lessene, were brought forward. After the greater part of three days spent in the election, on the 23d ballot, Judge Stone was elected, receiv- ing 61-Brickell, 59.
MR. BRICKELL resides in Huntsville, where he came forward many years ago as a lawyer, and has, by application and persever- ance, attained a high place in his profession. He has lately brought out a digest of Alabama Reports, which no doubt affords much information to the members of the bar, while it is likely to advance him still more in legal circles.
JAMES H. WEAVER, of Coosa, was elected Secretary of State to succeed Mr. Benham, who had signified his intention to retire. Mr. Weaver was originally from Georgia, but removed, when young, to Alabama, and settled in Coosa county, where he served a term as Sheriff. In 1853, as a Democratic nominee, he was elected to a seat in the House. He was elected Secretary of State in 1857, and retired at the end of his term.
WILLIAM J. GREENE was elected Comptroller of Public Ac- counts, by a vote of 72, against 42 for Joel Riggs. Mr. Greene was from Jackson county, and was, in 1847, elected Engrossing Clerk of the House, and reelected for several sessions, giving satisfaction as an officer.
He was continued in the office of Comptroller, by successive elections, until the surrender, in 1865. At the regular session of that year, under the reorganization of the State Government, he was before the General Assembly, seeking his former place; but was defeated by M. A. Chisolm, Esq., the appointee of Gov. Par- sons. The length of time he retained his place-ten years-is evidence of his business capacity. Following in the wake of Mr. Riggs, he no doubt found the business of the office systematized, so that it was no difficult matter to keep it in good condition.
ROBERT B. ARMSTEAD was elected Solicitor of the Sixth Cir- cuit, by a vote of 64, against 43 for Leonard F. Summers. He was born and educated in the Old Dominion, and was a son of Col. Robert Armstead, who, for many years, was the United States Marshal for the Southern District of Alabama-a Virginia gen- tleman of the old school, in his impulses and bearing. His son possessed many qualities of person and disposition to make friends and keep them, and justly ranked among the promising young men of his day, in mind and ambition to command success. On the commencement of the late war, he entered the service, and
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was promoted to the rank of Major, and was in the army of Vir- ginia, a brave soldier, when, in one of the sanguinary battles, he was killed. Thus Alabama lost by the casualties of war, in the Old Dominion, another of her many noble sons; but no purer patriot, or gentler spirit, laid down his life on the battle-field in defense of his native South, than Robert Armstead.
LEONARD F. SUMMERS was a lawyer of Mobile, of respectable talents and culture. He had been previously defeated for this office, but not dismayed, he abided his time, directing his efforts to the accomplishment of his purpose, and in 1859, he was elected, with a fair prospect of rendering efficient service to the State as the representative of its criminal justice. He promptly entered the service of the Confederate States as a soldier, and Captain of a company, and was killed in one of the battles of Virginia.
YOUNG L. ROYSTON, elected, without opposition, Solicitor of the First Circuit, is a lawyer and planter of Perry county, where he now resides. In person, he is remarkable for his height being considerably over six feet. He was reëlected in 1859, and again in 1863. He engaged warmly in the Confederate service, and was promoted to the command of a regiment, and was wounded in one of the battles of Virginia. He was afterward assigned to duty in Alabama, and was in Selma, perhaps in command of that post, when he was taken prisoner by the Federal troops in 1865. Since the surrender, Col. Royston has been retired, engaged in private and professional pursuits.
JOHN FOSTER, of Benton county, also had the fortune to have no competitor for the office of Chancellor of the Northern Divis- ion, to which he was elected in 1855. He was a Georgian, and settled in Jacksonville as a lawyer, about the year 1836.
I remember an incident connected with him in 1837. He had lately removed to Alabama, and had returned to Georgia on busi- . ness, when a rumor got abroad, nobody knew how, that in a remote, lonely part of the country lying east of Jacksonville, a man had been way-laid and murdered, and was supposed to be a young law- yer but lately removed from Georgia, named Foster. The report had a fine run, and increased in every respect, except in the num- ber killed-it remained one; yet in every other way the exagge- ration was prodigious; nor did the excitement subside until it was known that Mr. Foster, whose supposed death at the hands of ruffians and robbers had exhausted the vocabulary of, "poor man," "what a pity for wife and children," "Oh, my !" etc., etc., was in his law-office at Jacksonville, poring over his books.
The writer feels persuaded that Judge Foster will excuse this
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allusion, not to any "indiscretion of his youth," but to an event, or more properly a conjecture which gave rise to many lamentations for his early and cruel death, when in fact he was wholly innocent of the transaction, which caused him to be known all over the county much sooner than he otherwise would have been.
Judge Foster was reelected Chancellor in 1861, and continued upon the Bench until the surrender and overthrow of the Govern- ment-a period of ten years, during which time he exhibited the profound legal learning, and high sense of justice so necessary in this office. No position, probably, could have suited his taste and qualifications better; for while he was a ripe scholar and a sound jurist, he had no inclination to practice the "ways and means" by which success with the populace is usually obtained. He never could electioneer among the masses. He preferred his office and books, and personal friends. Still, from his very first settlement in the county, he was much respected, not only as a lawyer, but for his bearing as a gentleman.
In 1865 his acknowledged ability and long residence suggested him to the people as a delegate to the Constitutional Convention in September of that year. He was elected, and took a prominent part in its proceedings. Since then he has been retired under the operation of the Fourteenth Amendment, and yet resides in Jack- sonville, a profound lawyer and worthy citizen.
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CHAPTER XXXV.
Session of 1855 Concluded-Senators and Representatives Specially Noticed.
Several gentlemen took seats in the Legislature at the session of 1855 who had not previously been members, or who have not been heretofore specially noticed in this work. Among the Sen- ators were-
DR. E. J. BACON, of Chambers, who was a physician of good re- pute in LaFayette, and an Old Line Whig. Upon the issues in 1855, he allied himself with the Democratic party in opposition to the Know-Nothings, and was adopted as a competitor of Col. Charles McLemore. Unpromising as the prospect seemed at the commencement of the canvass, he succeeded, after an exciting con- test, by a majority of thirty-seven votes in the county. This result was aided, no doubt, by the high social position of Dr. Bacon, and the influence he had in the Whig ranks. His election over such a champion won for him great prestige, and he took his seat in the Senate under favorable auspices. He was a gentleman of fine person and address, and bore his honors with a consciousness that he was observed, but without arrogance or vanity.
Dr. Bacon was a Georgian, well educated and intelligent, kind and companionable. He took good position in the Senate, and was made Chairman of an important Committee. In debate, he was a ready and fluent speaker, and had much influence in the Legislature. He was an enthusiastic, consistent and faithful Mason, and filled in Alabama a large space in the fraternity. Not long after his term in the Senate expired, he removed to Arkan- sas, in the vigor of his manhood and profession.
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