Reminiscences of public men in Alabama : for thirty years, with an appendix, Part 7

Author: Garrett, William, 1809-
Publication date: 1872
Publisher: Atlanta, Ga. : Plantation Pub. Co.'s Press
Number of Pages: 826

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CHANCERY COURTS.

At this session the first separate Chancery Court was established in Alabama. Previously, the proceedings in equity belonged to the Circuit Courts, and were generally deferred to the close of each term, when there was but little time, or inclination by the Judge to consider bills, interlocutory decrees, and the usual mo- tions under this head. The consequence was that many cases re- mained on the docket for years, without any definite action by the courts; or, if decisions were made, they were frequently incorrect from the hurried and impatient manner in which argument was heard at a time when the patience of the Judge was exhausted by the labors of a long term, or he had special inducemonts for adjourning the court.

An amusing story was told in those days, of a suit in chancery, which I will relate. Mr. Joshua L. Martin had filed a long bill in an important case, in one of the counties embraced in the judicial circuit of Judge S. L. P ..... The Court came on, and the session was tedious and protracted. At length the time for taking up the chancery docket arrived, and Mr. Martin, anxious to have a decree, which he expected, of course, to be favorable to the complainant, pressed the consideration of the cause, and his Honor called it; whereupon Mr. Martin proposed to read the bill, which was quite lengthy, covering nearly a quire of paper. It had become "grog-time" of the Court in those days, and the Judge had already entered upon the brief holiday recreation allowed from the adjournment of a court in one county to the opening of one in another, and the sight of a pile of papers was

Reminiscences of Public Men in Alabama.

just about as distasteful to him in that stage, as a cup of cold water to an animal laboring under the first symptoms of hydrophobia. He inquired of counsel what that was he had in his hand? With the respect and suavity of manner for which he was remarkable, Mr. Martin replied: "If your Honor please, it is the original bill, which I propose to read for the information of the Court." The Judge interposed, "You need not read the bill. I shall give judgment against you and dismiss it. The Court will not entertain a bill of such length, and, barring an accident, ten to one if I am not right." Mr. Martin tried to reason and persuade him out of it; but his orders and decrees were like the laws of the Medes and Persians, at least in this case. As might reasonably be ex- pected, the counsel was dissatisfied with the decision, thought it was wrong, and appealed to the Supreme Court. The richest of the joke was, that the Supreme Court affirmed the decision of Judge P ... . ! But this was claimed to be an accident, and did not affect the merits; still the manner in which it was dismissed added strength to the argument for a separate chancery court.

The bill was favored by most, if not by all, of the lawyers in the Legislature; but met with decided opposition from that class of men who, having nothing to do with law, thought the proposed system unnecessary, and likely to entail a new and grievous item of expense on the State. Among the opponents of the bill were, Judge William Smith and Mr. John Vining of Madison, and Mr. Dixon Hall of Autauga. The bill passed both Houses by large majorities. It provided for two Chancellors, one of the Northern, and one of the Southern Division. Judge Anderson Crenshaw, long and favorably serving on the circuit bench of the Sixth Cir- cuit, was elected Chancellor of the Southern Division over his competitors, E. S. Dargan, R. C. McAlpin, and J. B. Clarke, Esquires; and Silas Parsons, Esq., of Huntsville, was elected Chan- cellor of the Northern Division. Mr. Parsons declining to accept, the Governor appointed E. Woolsey Peck, Esq., of Tuskaloosa, to fill the vacancy.

The election of Chancellor Crenshaw produced a vacancy in the Judgeship of the Sixth Circuit, which office was warmly contested by Messrs. Henry W. Hilliard, John P. Booth, and Nathaniel Cook, as candidates; and after several ballotings Mr. Booth was

Reminiscences of Public Men in Alabama.

elected. Messrs. Hilliard and Booth were members of the House, and Mr. Cook was then but partially known. The successful can- didate had figured some in the recent Indian difficulties on the south-eastern frontier, and was an active member of the Demo- cratic party.

Since that period the Chancery Court has gone forward, per- forming its work as one of the judicial departments of the State, so that it has become closely and materially interwoven with the whole system. Attempts have been made at every session, for years, to repeal or abolish it, without success. Fortunately for the system, and for the country, the chancery bench has been occu- pied by men of unquestioned talents and integrity, who have left the impress of purity in the administration of the Court.

APPORTIONMENT UNDER THE CENSUS.

Another important measure of this session was the bill to appor- tion the Senators and Representatives according to the census of 1838. Under the Constitution, this occurred every six years-the number of Representatives one hundred, and the number of Sen- ators thirty-three. This was the first apportionment since the settlement of the counties acquired, by treaty, from the Creek, Cherokee, and Choctaw Indians; and the returns of the census, showing the population of the new counties, were well calculated to produce forebodings among the many aspirants, in the older counties that had before enjoyed a large representation in the House. From the first organization of the Government, the weight of political power was on the north side of the mountain. It was compact, united, and well represented in the character and talent of the State. The political complexion of the masses in all that section was fixed beyond a change; and while it was no un- common event for that portion of the State to send Whigs to the Legislature, it was regarded as a compliment to the personal char- acter and social position, or something so, of the successful one, who considered himself powerless to carry out any of his own pecu- liar or cherished principles, being in a minority in the Legislature.

The spirit of enterprize and emigration produced by the expan- sion and its influences, in 1834-'5-'6, moved many men in the 1

Reminiscences of Public Men in Alabama.

older and worn-out States to improve their condition by removing to a better land. The counties just organized in the Indian country presented fine inducements to all such, and they embraced the opportunity. The new counties filled up rapidly, especially the more northerly ones, where there were fewer Indians and less difficulty about titles; and all at once East-Alabama, which had no existence on the political map, became a power, respected, courted, and dreaded. This portion of the State was readily recognized and received as the fourth part of the commonwealth, wanting in the aggregation of limits until now. To show what had before been the distribution of political power, we have only to look at the representation under the apportionment of 1832, when those counties were organized, many of them with but few white inhabitants. The ratio of representation was raised in accordance with the increase of population, and was, this year, 2,545, and under its operation Jackson county lost two members; Madison, Limestone, Lauderdale, Lawrence, and Morgan one each, that number being added to East-Alabama, which, with the gains from other portions, gave prominence to the political position of that section.

The subject of Federal politics occupied a large part of this session, being the new questions which had arisen touching the finances of the Government. The Whig party opposed the Inde- pendent Treasury policy of Mr. Van Buren, in toto. The Demo- cratic party supported that policy unitedly, except as to the "specie feature," which recognized nothing but coin in the transactions of the Government. A portion of the party advocated the receipt and disbursement of the notes of solvent specie paying banks, con- vertible into gold and silver at the will of the holder. The oppo- nents of this specie feature were backed by the sympathy and sup- port of the local banks, who were struggling for an existence, and holding out the idea of a resumption of specie payments at an early day, and really induced the " Conservativs" (as the opponents of the specie clause of the Government policy were then called) to believe that the adoption of that policy by the Federal Govern- ment would postpone resumption to a distant period, and continue the ruinous depreciation and scarcity of money which was causing the sacrifice of much property.

Reminiscences of Public Men in Alabama.

On the 7th December, the fourth day of the session, Judge William Smith, of Madison, offered a series of resolutions, which, it was understood were to constitute the platform of the Democratic party, under the union with the State Rights men, as follows:

There are now, and have been for the last five years, two great political ques- tions before the people of this Union.

The first: What is the legitimate currency of the United States under the Federal Constitution ?

The second : To whose keeping shall the public revenue be entrusted when col- lected ?

These questions have been, during the whole period, a perpetual source of ani- mated discussion by the people, in their primary assemblies, in their Legislative Assemblies, and in their Congress Halls. To establish what is the legitimate cur- rency, it has been strenuously urged that the Constitution has conferred on Con- gress the power to regulate the currency, and, under that, power to incorporate a Bank of the United States, as the only means of reducing, through the medium of its bank bills, the currency to the same uniform standard throughout the several States. This power, it is admitted by the advocates of a National Bank, is not derived from any express words in the Constitution itself, but is implied from the uniform action of Congress in granting successive charters, from the adjudication of the courts of justice, and from the current of public opinion in its favor.

On the other hand, this Legislature considers the question of implied powers put at rest by the express negative in the tenth amendment of the Constitution, wherein it is Provided, That the powers not delegated to the United States by this Constitution, nor prohibited by it to the States, are reserved to the States respect- ively or to the people.

This reservation of undelegated powers is, moreover, put beyond a doubt by the action of the Convention that framed the Constitution, in their negative on the proposition to grant charters of incorporation ; nor has the Constitution, in any por- tion of it, recognized any other currency, either directly or impliedly, but gold and silver; and has positively declared that nothing but gold and silver shall con- stitute a tender, and it is certainly a political paradox which admits of no solution, to call that which is declared by the supreme power of the Government to be no tender, the currency of the most commercial nation in the world.

In whose keeping the revenue shall be intrusted is a question of vital impor- tance to the American people, and the great contest is, whether it shall be confided to the keeping of the agents of the Government, selected from the great mass of the community for their good morals, high-standing in the community, immediately responsible to the Government under all the obligations it may think proper to exact, and all the penalties it may think proper to inflict ; or, to that of the banks of a thousand, or ten thousand stockholders, whose avowed object is gain, and whose responsibility, from their numbers, their perpetual shiftings, and their inde- pendent relation to the Government-neither appointed by it nor under its con- trol-can never be concentrated nor safely relied upon.

From a full view of these facts, this Legislature greatly prefer agents selected by the Government itself, amenable to its orders, subject to its immediate control, punishable at its discretion, and removable at its bidding :

Therefore, be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That our Senators in Congress be instructed, to oppose and vote against the recharter of a Bank of the United States, or the establishment of any bank of a similar character.

Be it further resolved by the authority aforesaid, That our Senators be also in" structed, and our Representatives requested, to support and vote for the entire separation of the public revenue from the keeping or control of any bank or banks of any description whatever.

Reminiscences of Public Men in Alabama.

Be it further resolved by the authority aforesaid, That since the Constitution recog- nizes no other currency than gold and silver, and imperatively requires that all taxes be uniform and equal throughout the Union, the employment by the Govern- ment of the paper of local banks in the collection and disbursement of its revenue amounts to a plain and undeniable infraction of that sacred instrument, which no consideration of expediency or convenience, or no force of precedence ought long to excuse, and our Senators are hereby instructed, and our Representatives re- quested, to support and vote for some measure or scheme of policy, the object of which shall be to heal the long-standing breach of the Constitution.

And be it further resolved by the authority aforesaid, That Alabama has uniformly been one of the foremost among the sister States in support of republican princi- ples, and her citizens hail with pride the bold and manly stand taken by the Chief Magistrate of the Union, upon the finances of the Government.

And be it further resolved, That the Governor is hereby requested to transmit a copy of the foregoing preamble and resolutions to each Senator and Representa- tive from this State in Congress.

Mr. Porter moved to amend by striking out the preamble, and all after the word "resolved" in the first resolution, and inserting the following:

That the exaction of specie in payment of the public lands, and for letter postage, inasmuch as specie, during the suspension of specie payments by the several banks of this State especially, has cost the citizens of this State a pre- mium of from fifteen to twenty per cent., has operated as a heavy oppression upon the people, and created a charge upon the price of the public lands and the rates of postage, to the extent of the premium payable for specie, not contemplated by, but in palpable violation of the faith guaranteed by the several acts of Congress affixing the value of those lands, and the rates of postage.

Resolved, That the paper of our State Bank and Branches, while the faith and credit of the State are pledged for its redemption, is a fair and just equivalent for the land and postage of, and other dues to, that Government likewise sustained by the people, and should be receivable by them.

Resolved, That a general bankruptcy law, as recommended by President Van Buren, would crush our State Banks, and is not conformable to American institu- tions.

Mr. Young offered the following as an amendment to the amend- ment, which was accepted by Mr. Porter, to-wit:

Resolved, That it is the deliberate judgment of the General Assembly of the State of Alabama, that Congress ought to pass no laws prohibiting the reception of the notes of solvent banks, in the several States, after they shall have resumed payment in specie, in the collection of all dues to the General Government.

Mr. Moore, of Madison, moved to postpone the further consid- eration of the preamble and resolutions, together with the substi- tute offered by Mr. Porter, until Monday, the 17th, and that two hundred copies thereof be printed for the use of the House, which was carried.

Reminiscences of Public Men in Alabama.

Before that period arrived, Mr. H. W. Hilliard, of Montgomery, Whig, submitted a preamble and series of resolutions, directed · mainly against the specie policy of the Government as unwise, and ruinous to the commercial interests of the country. Also, Dr. David Moore, Democrat, submitted a preamble and resolutions laudatory of Mr. Van Buren's policy for separating the Govern- ment from the banks, especially from the Bank of the United States; but declaring it the true policy of the Government to receive and disburse the notes of solvent specie paying banks. These were all ordered to be printed, and their consideration postponed to the 17th, in connection with those offered by Judge Smith.

THE DISCUSSION.

On the 17th. December, the discussion of the resolutions com- menced, and was continued for several days, in which the whole financial policy of the Government passed in review. Much talent and earnestness were displayed, and quite a number of gentlemen participated. Judge Smith led off, and was followed by Mr. Hilliard. Dr. Moore came next, followed by Messrs. Young of Greene, B. McAlpin of Mobile, Shields of Marengo, Burke of Wilcox, Payne of Sumter, Porter of Tuskaloosa, Weisinger of Perry, W. B. Martin of Benton, S. McAlpin of Greene, Aber- crombie of Russell, and Phillips of Dallas. It was confidently expected that Judge Lipscomb would address the House on the subject, and there was much anxiety to hear him; but he had little desire to do so, and yielded the floor to others until so much dis- cussion had taken place that he declined altogether.

An amusing circumstance occurred during the discussion. Mr. Henry T. Jones, a Whig member from Butler, had been busy for several days, taking notes and hunting up authorities for his speech, and at last obtained the floor just before the end of the morning session. He moved an adjournment to three o'clock , saying that he was prepared and wanted to make a speech. The adjournment was voted, and before the assembling at three o'clock a negro boy came from Mr: Jones' boarding-house, rolling a wheel- barrow pretty well filled with books, which were carried up to

Reminiscences of Public Men in Alabama.

the Hall, where Mr. Jones arranged them in piles on the top and in the shelf of his desk, somewhat in the order in which he expected to use them. He had many pages of manuscript which he exam- ined and laid upon the desk, and seated himself to await the call to order. Members were arriving and talking in squads upon the floor, and among them was Mr. F. G. McConnell, of Talladega, always ready for fun. He walked to Mr. Jones' desk, and leaning over, commenced talking and jesting, at which Jones laughed im- moderately, rather unusual for him. Just then, McConnell quietly pulled away his manuscript from the top of the desk, and dropped it on the shelf, perhaps covering it with a book, and then carelessly returned to his seat. The House was soon called to order, the Speaker announced the subject for consideration, and that the gen- tleman from Butler was entitled to the floor. Mr. Jones rose and commenced by saying that he had long desired to show the Democratic party where they stood, and now he was going to do it. Then he cleared his throat and cast his eyes upon the desk in the direction of his notes. Not finding them he repeated what he had said of his purpose, and continued looking for his notes. After a pause, and still searching, and saying, "the Democratic party, Mr. Speaker"-members began to titter-and, as his con- fusion increased, and he repeated again, "the Democratic party, Mr. Speaker," there was a burst of laughter, which the Speaker tried in vain to control. Jones could stand it no longer, but yielded the floor much mortified, saying his notes were misplaced, and he could not proceed. Although the House was heartily tired of the discussion, in which the subject had been fully exam- ined, it did appear cruel thus to defeat the purpose, to be heard, of one whose heart was set on making a speech, and who had spent several days in preparing himself.

The debate upon these resolutions was probably the most gen- eral, was participated in by more gentlemen, and with more ability and earnestness, than any that has occured since on party abstrac- tions. Every inch was disputed in the contest in both Houses. On the first of January, 1839, there was a strong parliamentary fight, in opposing amendments and making privileged motions to avoid a direct vote. Mr. Payne moved an amendment in the shape of sundry resolutions, very objectionable to the minority, as follows:

Reminiscences of Public Men in Alabama.

Resolved, That taxes and duties ought not to be levied and collected by the Gen- eral Government to raise money to be lent out to the keepers thereof, whether public officers or banks, to speculators or any other class of citizens whatsoever ; and that the amount raised should be barely sufficient to defray the expenses of an economical administration of the Government, and should be kept to be applied to that object and no other.

Resolved, That the General Government has no right to use the money of the people for banking purposes, and consequently any attempt on the part of Congress, by the means of a bank charter, or any legislative enactment to delegate such power to others, will, as heretofore, meet with the unceasing opposition of the Democratic and State Rights Party of this State.

Resolved, That we deprecate the evils resulting from the action of the Govern- ment in the creation of bank monopolies, not authorized by the Constitution; the effect of which has been to divert the commerce of the South from its direct and natural channel to its present circuitous route.

Resolved, That a direct trade with Europe is of vital importance to Alabama.

Resolved, That the present administration of the General Government, by pro- moting the interests of the South, and guarding our institutions, has won our admi- ration and secured our support; and that we deeply deplore the course of such Southern statesmen as, by acting in concert with its opponents, are aiding to place those in power who are averse to the rights and interests of the South, and the great principles of the Democratic Republican Party, as illustrated in the political life and writings of Thomas Jefferson.

These were fought with such spirit by the opposition that Judge Smith, seeing the majority favored them, accepted them as a part of his own. Mr. Weisinger, of Perry, proposed to amend Judge Smith's resolutions. Coming from so prominent a State Rights man, the proposition attracted a good deal of attention, as embody- ing the views of that class of politicians. The amendment offered by Mr. Weisinger is in the following words:

WHEREAS, Two great political questions are now under the consideration and pending the decision of the people of the United States, whether the powers of the General Government are defined and limited by the express grants of the Fed- eral Constitution, and whether Congress in the use of the means "necessary and proper" to carry into execution the express grants of the Constitution, is not bound to select those which are most simple, and which most immediately and directly accomplish the objects, and whether the Constitution prohibits anything but gold and silver in payment of the public revenue :

Therefore, be it resolved by the Senate and House of Representatives of the State of Alabama, in General Assembly convened, That the General Government was estab- lished by the formation and adoption of the Federal Constitution, and that it has no powers but such as are specifically granted by that instrument.

2. Resolved, That Congress has no power to establish a bank to aid the Govern- ment to carry into execution any of the specified grants of the Constitution.

3. Resolved, That the framers of the Constitution did not contemplate, and that the Constitution does not authorize, the reception of any but gold and silver in pay- ment of public dues.

4. Resolved, That the most simple and safe mode for the General Government to collect, keep, and disburse the public revenue is by its own agents, appointed by and amenable to itself, under high moral and penal sanctions, and not to dele- gate this high and important function to banks created by the States, and over which the Government can have no control and authority.

Reminiscences of Public Men in Alabama.

5. Resolved, That a total and entire separation of the General Government and banks according to the Independent Treasury plan, with the specie feature, will confer much less power on the President or on Congress, than the manage- ment of the fiscal operations of the Government by the aid of a National Bank, or banks established by the States, or by any other plan that has been proposed.

6. Resolved, That the receipt of the bills of banks whether generally deposited in banks, or specially deposited in banks, or the Treasury, will confer great ben- efits on those sections of the Union where the public money is principally collected and disbursed, to the injury in the same ratio of other sections, and in violation of that clause of the Constitution which says that no preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another.

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Reminiscences of public men in Alabama : for thirty years, with an appendix, Part 7

Author: Garrett, William, 1809- Publication date: 1872 Publisher: Atlanta, Ga. : Plantation Pub. Co.'s Press Number of Pages: 826

Author: Garrett, William, 1809-
Publication date: 1872
Publisher: Atlanta, Ga. : Plantation Pub. Co.'s Press
Number of Pages: 826