Reminiscences of public men in Alabama : for thirty years, with an appendix, Part 8

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


USA > Alabama > Reminiscences of public men in Alabama : for thirty years, with an appendix > Part 8


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7. Resolved, That the South [?] which furnishes nearly the whole of the exports of the United States, has been occasioned by a connection of the Government and banks, and will be coexistent.


8. Resolved, That the same forced rule of construing the Constitution that would establish a National Bank, would also establish a protective tariff, internal improve- ment, surplus revenue, with its endless train of corruption and abuse, and the abolition of slavery in the District of Columbia, the Territories and States.


9. Resolved, That our Senators in Congress be instructed, and our Representa- tives requested, to use their best exertions to effect an entire separation of Govern- ment and banks.


10. Resolved, That the Governor is hereby requested to transmit a copy of the foregoing preamble and resolutions to each of our Senators and Representatives in Congress from this State.


By a vote of 49 to 45, it was laid upon the table. The vote upon this motion to amend exhibits a good deal of policy among the friends and opponents of Judge Smith's resolutions. There was a complete mixture, without any regard to political status. No doubt there was parliamentary policy in many of the votes given-some Whigs voting with Mr. Weisinger and his friends, as did many Democrats; all trying to keep favor with the State Rights men.


DEBATE CLOSED.


The discussion terminated on the 3d of January, when Mr. McConnell moved the previous question upon the resolutions. Then commenced a series of side motions, which looked as though the House would fillibuster; but they soon ceased. The call for the previous question was sustained, and the resolutions were voted upon separately. They were all adopted by easy majorities. That upon which there was some difference among Democrats, requiring the Government to adopt the specie basis, was passed by a vote of 51 to 40. Among the nays were Messrs. Baker of Franklin, and Moore of Madison, both of whom were soon afterwards advanced to the Speaker's chair by the Democratic party.


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The resolutions were transmitted to the Senate, where they were subjected to a short but animated discussion, by Messrs. Terry, Mays, Calhoun, (President,) Cottrell, and Baylor, in favor, and Messrs. Rains, Riddle, Dent, King, Lea, and Watrous, against them, and passed by a large majority.


To this discussion in the two Houses an influence was imparted by the presence of a large number of gentlemen, of both parties, who were in attendance on the political conventions held at the Capital. Early in the session, delegates representing the Demo- cratic party convened in the Hall of the House, to consider, and unite, as far as possible, the State Rights men of Alabama with the Democrats in support of Mr. Van Buren's financial policy, which was then the absorbing issue-especially the specie clause- which was regarded by many of the party a hazardous position, as it proved to be. Philip Phillips, Esq., of Mobile, was elected President, and Col. Richard B. Walthall, of Perry, Vice-Presi- dent, and P. H. May, Secretary. The Convention was large and respectable, and the extreme State Rights men and Democrats harmonized and fraternized in council as they had not done before. Messrs. H. W. Ellis, John D. Phelan, Walker K. Baylor, W. B. Martin, George W. Gayle, J. L. F. Cottrell, J. M. Calhoun, F. G. McConnell, L. A. Weisiuger, and a number of others, participated in the debates. Resolutions were adopted pledging support to the financial policy of Mr. Van Buren, etc.


The Whig Convention met a few weeks later, and was, also, largely attended, and respectable in talents and character. Dr. Samuel C. Oliver, of Montgomery, was chosen President. Many able speeches were made by such men as Arthur F. Hopkins, C. C. Langdon, H. C. Lea, M. M. Burke, Dr. Oliver, and others. The financial policy of the administration, especially that portion which required the public moneys to be collected in coin, was dis- approved by a vote of the Convention. Thus the issues were firmly made up for the Congressional and other elections in 1839, with what success we may note in a subsequent chapter.


ELECTION OF BANK DIRECTORS.


Toward the close of a long and laborious session, the two Houses


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elected the Presidents and directors of the State Bank and Branches. The number of directors for each bank, as previously remarked, had been reduced from fourteen to six, and the elections were conducted quietly. Major Hardin Perkins was elected Pres- ident of the State Bank over Dr. John Marrast, as his policy for resuming specie payments was popular with the Legislature. He gave a grand ball on the first of January, the day the banks nom- inally resumed specie payments, and his tickets of invitation were headed "Resumption." This was a captivating motto, and although the Major was a very decided Whig, many Democrats voted for him because they approved his policy. The following gentlemen were then elected Presidents of the Branch Banks, viz: John B. Norris of Mobile, John Martin of Montgomery, B. M. Lowe of Huntsville, and James S. Sykes of Decatur.


GEORGE S. GAINES .- This year Mr. George S. Gaines, who had long filled the office of President of the Branch Bank at Mobile, retired on account of ill health and infirmities, from too close appli- cation to business. He was identified with Alabama from her early history, having cast his lot when she was a Territory. He was a brother of the distinguished Major-General E. P. Gaines, of the United States Army, whose deeds in war had secured a bright reputation to the name. Mr. G. S. Gaines was extensively known and highly appreciated in business circles; was kind and amiable in his intercourse with men; too much so, it was said, to manage a bank, where it required the cold blood and iron will to say "no." His integrity was unquestioned, and his honor unsullied during a long and eventful life.


The two Houses adjourned sine die on the 2d of February, 1839. Several gentlemen then ceased their connection with the Legisla- ture, and with public life in Alabama, of whom it is proper to speak. Among them, in the Senate, were Messrs. Rains of Ma- rengo, McClellan of Talladega, Mays of Montgomery, and Smith of Clarke. A particular notice of Mr. Rains has already been given.


Major Hardin Perkins defeated Dr. John Marrast for the Pres- idency of the State Bank; but the next year the latter came in without opposition-Major Perkins declining to be a candidate on


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the eve of the election. Dr. Marrast continued to hold the posi- tion for several succeeding years, embracing a period of much labor and responsibility in the process of winding up the banks, and conducting the very extensive correspondence connected with it. He brought to the task financial skill and intelligence of a high order, and a character formed in the strictest school of integ- rity. Of French descent, and well educated, he conducted the affairs of the institution, in this respect, with a marked degree of simplicity and affability which made him popular as an officer. He still lives at an advanced age in Tuskaloosa, enjoying the respect of the community in which he has resided for over a quarter of a century. His wife was a daughter of the late Rev. Samuel K. Jennings, M. D., a gentlemen of great ability and learning, both in theology and Medicine, and formerly Presi- dent of the Medical College in Baltimore.


JOHN MARTIN was reelected, without opposition, President of the Branch Bank at Montgomery. He first came into the position in 1837, and held it by successive elections until his death in 1844.


Captain Martin was a South Carolinian, but settled in Mont- gomery at an early period of its history. He spent the days of his manhood in that city, filling many positions of public trust with efficiency and fidelity. He was a Democrat, which, with a large family alliance, with the Elmores, Fitzpatricks, and Dixon H. Lewis, taken in connection with his indomitable energy and quick sagacity, made him a man of influence and note, in political as well as social circles. He died of chronic diarrhea just as he had attained the meridian of life. But he lived long enough to leave the impress of a strong character upon the events of his day, and should be held in remembrance as a man of mark and energy. He was a brother of the Hon. Abram Martin, of Mont- gomery, who is noticed in another chapter. Of the family which he left was an accomplished daughter, who married Cyrus Phillips, a merchant of Montgomery, and died a few years ago. Besides · other sons, was Gen. Edmund W. Martin, a respectable lawyer of Conecuh county. The widow of Captain Martin still lives, a member of the Baptist Church, respected by all for her elegant hospitality in former days, and for her Christian virtues.


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BARTLEY M. LOWE was the first President of the Pranch Bank at Huntsville, and held the place, by repeated elections, until 1844, when he voluntarily retired.


His parents were from Maryland, of an old family that came over from England with Lord Baltimore. Gen. Lowe was born in Edgefield, South Carolina; but soon thereafter his father, who had been a Captain in the Revolution, removed to Florida, and accepted service under the Spanish Government, for which he received a very large grant of land.


Subsequently Gen. Lowe cast his lot in Huntsville, and engaged in mercantile pursuits, in which he attained to eminence. For many years his position was that of a "Merchant Prince," with tact, credit, and influence. The fame of his mercantile house went abroad into all the surrounding country; but the financial revulsion of 1837, and succeeding years, overtook his business in the vicissitudes of fortune. He was elected a Brigadier-General of militia, which, in that day, was considered no small honor, especially in connection with such a Major-General as Benjamin Patteson, who filled that position for many years, and was called into active service by Gov. Clay, in the Indian troubles of 1836, in deference to his intellectual and military qualifications. For a long period Gen. Patteson filled the office of Marshal of the Northern District of Alabama, with a fitness peculiar to his integ- rity of character and high sense of duty. The writer had occasion, upwards of thirty years ago, to visit Huntsville on business con- nected with the census, then under the direction of the Marshal, who, in this case, was Gen. Patteson, and was impressed, not only by his official courtesy and affable manner in the dispatch of busi- ness, but with the nobility of his person and dignity of his bearing, coupled with a respectful demeanor in intercourse, which made a plain man feel easy in his company. He defeated Col. Nathaniel Terry for the Major-Generalship, after a most animated and expens- ive contest, and wore its honors, as well as that of Marshal, as few have done. He died in Huntsville, a few years ago, at a ripe old age, leaving the savor of a good name and character, of which his descendants, and the community of Huntsville, ought to be, and no doubt are, proud.


Gen. Lowe was fully equal to the position occupied by him as a 6


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general officer; and it may well be questioned whether any locality in the State has been able to boast of two such officers, in the strength and force of exalted character, and the personale of a firm, noble, courtly bearing.


After his pecuniary reverses, Gen. Lowe engaged in the factorage and commission business in New Orleans, and so continued until his death, several years ago. Nature made him a gentleman, and his early advantages and intercourse in official and private circles, only added to that exalted standard of society and character for which Huntsville has long been justly famed.


The writer, with his family, in April, 1848, took passage on a boat at Tuskaloosa for Mobile. Among his fellow passengers was Gen. Lowe and his daughter, Sophie, a young lady educated and accomplished in the more solid attainments of life, in that day. He was impressed with the bearing towards her father, which was that of affection and profound deference. She brought into the social circle, during that trip, much of the means that contributed to break the tedium of steamboat traveling, and made the time pleasant by her cheerfulness, intelligent conversation, and singing, in all of which she was well gifted; so that she was justly regarded the life and center of our steamboat circle. She has since married Col. Nicholas Davis, of Huntsville, where she now resides in the place of her nativity.


Gen. Lowe left three sons: Dr. John T. Lowe, who was the Chief Surgeon of Gen. Loring's Division of infantry throughout the war; he now resides at Aberdeen, Mississippi, engaged in the practice of his profession. Robert J. Lowe, who was a lawyer, and a Representative in the Legislature from Madison county, in 1859. He became fired in the cause of the South in 1860. The writer traveled with him to Baltimore, and remembers how decided and fixed his convictions were; though he was not forward in ex- pressing them, he did not disguise them. He entered the service of the Confederacy in the first company raised in North-Alabama, and was attached to the Fourth Alabama Regiment, commanded by Col. E. J. Jones. The fatigue and exposure of the forced march to Manassas superinduced camp or typhoid fever, of which he died. It is seldom, if ever, that the State has claimed as one of her sons, a more brilliant, promising young man than Robert J.


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Lowe, or one upon whom nature was more lavish in noble and commanding physical developments. A widow and two sons are left to testify to the cruelties of war, and the patriotic devotion of a noble son of the South, who was among the first to respond to her call for help on the battle-field.


Another (and younger) son of Gen. Lowe, WILLIAM M. LOWE, while he separated from his brother in political action in 1860, went with him, readily, into the field, in 1861. They were both in the same regiment and company-Fourth Alabama. In the same encounter with the enemy, in the first battle of Manassas, while the Colonel was mortally wounded, W. M. Lowe was wounded in the forehead, which shows clearly how he stood in the fight. From this wound he did not recover in several months. Afterwards, he was appointed Colonel on the staff of Gov. Shorter, and was en- gaged in organizing companies for the field. Subsequently ap- pointed to a Captaincy on Gen. Withers' staff, in active service, he went through the Kentucky campaign, and was again wounded in front of Murfreesboro, Tennessee. He was afterwards trans- ferred to Gen. Clanton's staff, at his special request, and was with him in Georgia, Alabama, and Tennessee, until captured at the battle of Franklin. He was thence taken to Camp Chase and Fort Delaware, where he remained as a prisoner of war until three months after the surrender. In 1865, Col. Lowe was elected So- licitor of the Huntsville Circuit, a position he held creditably, until superceded by the reconstruction measures. The strength and . decision of his character at once indicated him as a leader of the Democratic and Conservative forces in North-Alabama, and in 1870 he was elected a member of the House of Representatives from Madison county, and soon became prominent as a debater and man of business. He is young, and is justly regarded as one of the rising men of the State, having already demonstrated his ability for service in the battle-field and in the legislative councils.


General JESSE WINSTON GARTH was called this year, (1838,) by the unanimous vote of the two Houses, to the Presidency of the Branch Bank at Decatur, bringing to the management of that institution much experience in financial affairs; so that it was hoped he would rectify many of the disorders then existing. But the


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disease was too deeply seated for the patient to be saved by bring- ing in a new physician.


Gen. Garth was born in Albermarle county, Virginia, in October, 1788; educated at the school of Dr. Waddel, at Hillsborough, North Carolina; studied law, and was admitted to the bar at Char- lottesville, Virginia, in 1809; was a cotemporary with Gen. William F. Gordon, William C. Rives, and Valentine Southall; served in the Virginia militia, on the coast, in the war of 1812; was elected to represent his native county of Albermarle in the Legislature of 1815, where he met with the Hon. John Tyler, between whom, during life, existed a warm personal and political friendship.


In 1817, he emigrated to St. Louis, Missouri, carrying with him most flattering testimonials of esteem and confidence, from such men as Philip P. Barbour, Gen. Gordon, Mr. Carr, and Mr. Jeffer- son, the latter of whom, in a letter to Gov. Clarke, of Missouri, warmly commended him as a young man of uncommon merit, who had been tried in war, in the Legislature of his native State, and at the bar. Owing to the severity of the climate of St. Louis, he remained but a short time, and removed to Alabama, in June, 1817. Locating in what was then Cotaco, now Morgan county, he engaged in planting and in the practice of law. He continued at the bar of this State but a short time, and thenceforward devoted himself mainly to agricultural pursuits, and by his energy and sagacity be- came one of the largest planters in the State.


Gen. Garth was elected a Brigadier-General of militia at an early period of the history of the State, and frequently served in the Legislature, in both branches. He was defeated for Congress, in 1830, by the Hon. Samuel W. Mardis. Physically, Gen. Garth was a splendid type of the Virginian-of the Piedmont region- tall, erect, being six feet four inches in hight, a man of action rather than words; and whilst he was singularly retiring and unob- trusive in his manners and habits, there were few men so positive and self-reliant. Deficient in those little arts by which a transient and ephemeral popularity is won, he commanded the entire confi- dence and esteem of all with whom he came in contact. He died at Huntsville, September 7, 1867, in the seventy-ninth year of his age.


He raised a family of children, some of whom still live in the Tennessee Valley. One of his daughters married Dr. Frank W.


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Sykes, who has already occupied public positions. His son, J. W. Garth, Jr., was elected a Representative from Morgan county, in 1853; and another son, W. W. Garth, Esq., is a lawyer, of Hunts- ville, who, although he has never filled any public station, is justly regarded as a gentleman of solid attainments, with a good future in the legal and political arena. Gen. Garth was, in politics, a Whig, which, no doubt, retarded his political advancement among a people so decidedly Democratic as were the citizens of North Alabama in his day.


General WILLIAM B. MCCLELLAN, a graduate of the Military Academy at West Point, settled, at an early day, in Morgan county, where he was elected Clerk of the Circuit Court. He was, after- wards, by repeated elections, Engrossing Clerk of the House of Representatives for ten years in succession, and retired, voluntarily, from that position. In 1837, he was elected a Representative from Talladega; and, in 1838, was elected to the Senate, from the dis- trict composed of Talladega, Benton, and Randolph. In the mean- time, in 1836, he was elected Brigadier-General of the Sixteenth Brigade. After closing his term in the Senate, he remained a private citizen, engaged in planting, until the war between the States commenced, when he entered the service of the Confederate States, in command of a regiment; but his age and infirmities obliged him to desist, and return home. In all his public trusts, Gen. McClellan was faithful, attentive to his duties, and affable in his address. He still lives, a hale, intelligent gentleman, and a connecting link between the past and present generations.


THOMAS S. MAYS, who served a second term in the Senate, was a Polk and Dallas Elector, in 1844, and the same year was elected by the Legislature, Judge of the County Court of Montgomery county, which office he held for a few years and resigned. After- wards, he succeeded Mr. George C. Ball as Clerk of the Supreme Court, and while holding this commission he died, in 1853. Judge Mays was a lawyer of considerable ability, and occupied position in professional and social circles. He had descended from good revolutionary stock-the Sumters of South Carolina-of which State he was a native. He belonged to the State Rights school of politicians.


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CHAPTER V.


Sketches of Character- Retiring Members of the Legislature.


The preceding chapter concluded with a brief notice, which is here continued, in relation to gentlemen whose service in the Legislature terminated with the session of 1838-9.


DR. NEILL SMITH, of the Senate, was long connected with public life ; first in the Legislature of North Carolina,* and then in that of Alabama, and occupied a medium position in the Senate of the latter State. He was defeated in 1839 by G. W. Creagh, who succeeded in reading him out of the Democratic party on account of his vote in favor of the constitutionality of the Bank of the United States. Dr. Smith was ambitious, and sought the Presidency of the Senate, and in 1836 came near compassing his object, which would have made him Governor, as matters turned out. But he failed on this wise: He had succeeded in neutral- izing every Democrat who had any pretensions to the place, by approaching them as they arrived at Tuskaloosa, and soliciting each one to be a candidate for President of the Senate. Every one in turn declined, and then Dr. Smith would tell him that if he did not want it, and would not be a candidate, he would like to have it himself; and it was thus an easy matter to get gentle- men committed after such a flattering offer.


Mr. Hugh McVay had not yet arrived, and Senators found out that he was the only chance to defeat the plans of Smith. To keep Mr. McVay from falling into the trap, watches were placed on the bridge to see him as he came on, advise him of the state of things, and inform him that he must consider himself a candi- date. This was done, and proved a palatable message. In due time, after his arrival at his known quarters, Mr. Smith called,


*Dr. Smith served in the House of Commons, from Richmond county, in the years 1810 and 1811.


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and, after the usual interchange of civilities, told McVay that he was glad he had arrived, and that he (Smith) wanted to vote for him for President of the Senate. McVay thanked him for his good intentions and opinions, and told him he was a candidate for the place, and should esteem it a singular pleasure to receive his vote. This was more than was expected by Smith, who, finding himself fully committed at his own game, abandoned the canvass, and Mr. McVay was elected.


Mr. Smith possessed much equanimity of feeling, and never allowed himself to become excited or vexed amid the severe contests in which he was frequently engaged. Gov. Bagby told me an anecdote to this effect: Smith once defeated Mr. James Dellet for the Senate, in Monroe, Clarke, and Washington, so badly that Mr. Dellet, losing his patience at the result, and the means by which he believed it had been brought about, fell to abusing Smith the day after the election, at Claiborne, telling him how meanly he had acted, how base he was, etc. Smith replied, in the presence of a large crowd-"Mr. Dellet, what do you sup- pose the people will think of you, if I am the man you say, see- ing that I have beaten you two to one in your own county?" This was said so good humoredly that it vanquished Dellet.


In the House, the following gentlemen ceased their connection with the Legislature, viz: John P. Booth, of Barbour; Henry T. Jones, of Butler; Cornelius Carmack, of Lauderdale; A. E. Mills, of Limestone; B. G. Shields, of Marengo; A. S. Lipscomb and B. McAlpin, of Mobile; H. W. Hilliard and G. D. Shortridge, of Montgomery ; L. A. Weisinger and W. E. Blassingame, of Perry, J. M. Mcclanahan, of Shelby; W. W. Payne, of Sumter; Reuben Searcy, of Tuskaloosa, and M. M. Burke, of Wilcox. All of these gentlemen acted prominently in the debates which occurred, and also in the details of legislation. Thomas Price, Engrossing Clerk, also retired.


JOHN P. BOOTH was a member of the House only this one session. He was Major-General of the 6th Division of Alabama Militia, and had a good deal to do in the Indian troubles of 1836, which brought him prominently forward. He took a leading position at once in the House, and sustained himself so well,


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especially with the dominant party, that he was elected Judge of the 6th Circuit to fill the vacancy of Chancellor Crenshaw. In- terchanging Circuits in the ridings, he went to the mountain country, where he made a good impression, and was complimented in the papers for his dignity on the bench, and for his rapid dis- patch of business. Thus the morning of his judicial administra- tion was bright and promising; but a foe lurked in his path more to be dreaded by men of his social habits than any other. Its effects began to show in various irregularities in his administration of justice, and at length broke out in open complaints in his Cir- cuit. At the session of 1842, articles of impeachment were moved against him by Mr. Jackson, a Representative from Bar- bour; but a majority of the House refused the investigation, and in a short time Judge Booth resigned, and soon afterwards he died. I may here add that Judge Booth was a native of Georgia, and was the second of Thomas D. Mitchell, Esq., a Solicitor- General of that State, who was killed in a duel by Dr. Ambrose Baber, of Macon, in 1826. His nature was impulsive and emi- nently social, and his address agreeable, easily winning confidence. But he disappointed the high expectations entertained in his early career by friends and admirers, and his fate it is hoped, may prove a warning to young men, to avoid the seductions which led to his downfall.




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