A history of Mississippi : from the discovery of the great river, Part 56

Author: Lowry, Robert, 1830-1910; McCardle, William H
Publication date: 1891
Publisher: Jackson, Miss. : R.H. Henry & Co.
Number of Pages: 674


USA > Mississippi > A history of Mississippi : from the discovery of the great river > Part 56


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JASON NILES, an old citizen and reputable lawyer in Kosciusko, esteemed through life as an honorable and up-


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right citizen, served in the 43d Congress, from December, 1871, until March 3, 1873.


L. W. PERCE served from December 1870, to March 3 1873, in the 41st and 42d Congresses.


GEORGE E. HARRIS served in the 41st and 42d Congresses, and his service covered the period from December, 1870, to March 3, 1873.


ALBERT R. HOWE served in the 42d and 43d Congresses, and his service extended from December 1871, to March 3, 1875.


HENRY W. BARRY served in the 41st. 42d and 43d Con- gresses, from December, 1870, to March 3, 1875.


JOHN R. LYNCH, (col.), served in the House of Represen- tatives during the 43d and 44th Congresses, his service ex- tending from December, 1871, until March, 1875.


JOSEPH L. MORPHIS served in the House during 41st and 42d Congresses, and his service extended from December, 1871, to March 3, 1875.


It will be observed that nothing has been said about these men being elected, for elections in the period of re- construction were of the most farcical character.


It is also worthy of remark that of all the men who as- sumed to represent Mississippi in the National House of Representatives, only Mr. Niles, General George C. McKee and Joseph L. Morphis, remained in the State. The balance, their vocation being gone, abandoned the State incon- tinently, in pursuit of other flesh-pots. General McKee, having invested his means here, like the manly fellow he was, determined to stick by the State. He made many friends and died in the year 1890, after a long struggle with disease, sincerely lamented by the general public, political friends and foes alike.


AFTER THE REVOLUTION IN 1875.


HERNANDO D. MONEY was elected in November, 1875, to the 44th Congress, and was re-elected to the 45th, 46th, 47th and 48th Congresses. The service of Mr. Money ex- tended from December, 1875, to March 3, 1885.


CHARLES E. HOOKER was elected in November, 1875, to


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the 44th Congress, and was successively re-elected to the 45th, 46th and 47th Congresses. His service extending from December, 1875, to March 3, 1883.


G. WILEY WELLS was elected in November, 1875, to the 44th Congress. His service extending from December, 1875, to March 3, 1877.


JOHN R. LYNCH, (col.), was elected in November, 1875, to the 44th Congress, and served from April 29th, 1882, to March 3, 1883, in the 47th Congress.


OTHO R. SINGLETON was elected in November, 1875, to the 44th Congress and was re-elected to the 45th, 46th, 47th, 48th and 49th Congresses. His service extending from December 1875, to March 3, 1887.


VAN H. MANNING was elected in November, 1877, to the 45th Congress, and was re-elected to the 46th, 47th and 48th Congresses, when he was unseated in a contest made by James R. Chalmers. His service extended from Decem- ber, 1877, to June 25th, 1884.


HENRY L. MULDROW was elected in November, 1877, to the 45th Congress, and was re-elected to the 46th, 47th and 48th Congresses. His service extended from Decem- ber, 1877, to March 3, 1885.


JAMES R. CHALMERS was elected in November, 1877, to the 45th Congress, and was re-elected to the 46th and 47th Congresses, but was unseated in that Congress on a contest by John R. Lynch. He represented the second district in the 48th Congress, unseating Van H. Manning.


LUCIUS Q. C. LAMAR was elected in November, 1873, to the 43d and was re-elected to the 44th Congress. His ser- vice extended from December, 1873, to March 4th, 1877, when he took his seat in the Senate.


ETHELBERT BARKSDALE was elected in November, 1882, to the 48th and was re-elected to the 49th Congress. His service extending from December, 1883, to March 3, 1887.


HENRY S. VANEATON was elected in November, 1882, to the 48th and was re-elected to the 49th Congress. His service extending from December, 1883, to March 3, 1887.


ELZA JEFFORDS was elected in November, 1882, to the 48th Congress. His service extended from December, 1883, to March 3, 1885.


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THOMAS C. CATCHINGS was elected in November, 1884, to the 49th Congress and was re-elected to the 50th and 51st Congresses. He was last year re-elected to the 52d Congress. His service, at the end of his term, will extend from December, 1885, to March 3, 1893.


JAMES B. MORGAN was elected in November, 1884, to the 49th, and was re-elected to the 50th and 51st Congresses. His service extended from December, 1885, to March 3, 1891.


JOHN M. ALLEN was elected in November, 1884, to the 49th, and was re-elected to the 50th, 51st and 52d Con- gresses. His service will extend from December, 1885, to March 3, 1893.


FREDERICK G. BARRY was elected in November, 1884, to the 49th, and was re-elected to the 50th Congress. His service extended from December, 1885, to March 3, 1889.


CHAPMAN L. ANDERSON was elected in November, 1886, to the 50th, and was re-elected to the 51st Congress. His service extended from December, 1887, to March 3, 1891.


THOMAS R. STOCKDALE was elected in November, 1886, to the 50th, and was re-elected to the 51st and 52d Con- gresses. his service commenced in December, 1887, and will terminate March 3, 1893.


CLARKE LEWIS was elected in November, 1888, to the 51st Congress and he has been re-elected to the 52d Con- gress. His service commenced in December, 1889, and will expire March 3, 1893.


Three Senators, Thos. B. Reed, Robert H. Adams and Jesse Speight, died during the term for which they were elected. Three Representatives, Christopher Rankin, Dr. David Dickson and General John A. Quitman, also died during their terms of service.


When it is remembered that many years ago members of Congress could only reach the National Capital by riding the entire distance on horseback, the reason may be found for frequent changes and resignations.


CHAPTER XXXVIII.


THE JUDICIARY OF MISSISSIPPI.


THE SUPREME COURT OF THE STATE.


TT may be confidently stated that Mississippi, since its organization as a State government, and even during the Territorial era, has had, except during the Radical regime, an exceptionally able Supreme Court. The volume of Walker's Reports, the first published, contain the decisions of the Supreme Court from 1817 to the adoption of the second Constitution in 1832. The Judges of the Court when Walker's Reports were published, were E. Turner, Chief Justice, Isaac R. Nicholson and Harry Cage, and it contained opinions delivered, in addition to the Justices named by Judges Powhatan Ellis, John Taylor, J. G. Clarke, Joshua Childs, Judge Hampton, John Black, George Winchester, A. Montgomery and Eli Huston.


The High Court of Errors and Appeals, established by the Constitution of 1832, was organized with William L. Sharkey, Chief Justice, C. P. Smith and D. W. Wright, Associate Justices. The first volume of Howard's Reports was published in 1839, but contained opinions delivered during the five previous years. Judge Smith was succeeded in 1838 by P. Rutillius R. Pray, and Judge Wright by James F. Trotter. C. P. Smith received the executive appoint- ment to fill the vacancy occasioned by the death of Judge Pray, and was succeeded by E. Turner, who was elected at the first general election held after the executive appoint- ment. Judge Trotter resigned in 1842, when Alexander M. Clayton became his successor. J. S. B. Thatcher was the successor of Judge Turner in 1843, and he was succeeded by C. P. Smith. In 1851, W. L. Sharkey, LL. D., (the de- gree having been conferred by Transylvania University)


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resigned and was succeeded by William Yerger. E. S. Fisher was the successor of A. M. Clayton, and he was suc- ceeded by Wm. L. Harris. On the resignation of Judge Sharkey, C. P. Smith became Chief Justice and so re- mained until his death. William Yerger was succeeded by A. H. Handy, who became Chief Justice. David W. Hurst was elected in 1863, to fill the vacancy occasioned by the death of Judge Smith. Henry T. Ellett succeeded Judge Hurst. Judges Handy, Harris and Ellett resigned in 1867, being disqualified under the reconstruction laws, and were succeeded by Thomas Shackelford, E. G. Peyton and George F. Brown, who were military appointees. They were continued on the bench until James L. Alcorn became Governor, who on the 10th of May, 1870, appointed as Judges of the Supreme Court, (the change of name, from the High Court of Errors and Appeals having been made by the Constitution adopted in 1869,) H. F. Simrall, Jona- than Tarbell, and re-appointed E. G. Peyton, who became Chief Justice drew the three years term, Tarbell the six years and Judge Simrall the nine years term. Judge Pey- ton was his own successor. In 1876, when the Democracy came in power, Governor Stone appointed Judge J. A. P. Campbell, who was re-appointed by Governor Lowry, and now presiding as Chief Justice, Judge Peyton was retired and by special statute on half pay, and H. H. Chalmers appointed by Governor Stone to fill the vacancy and re-ap- pointed by Governor Lowry. Judge Simrall was succeed- ed by James Z. George, who became Chief Justice. Judge George was elected to the United States Senate in 1881, when Governor Stone appointed Timothy E. Cooper to fill the vacancy, who was re-appointed by Governor Lowry, and who has also presided as Chief Justice. James M. Arnold was appointed to fill the vacancy occasioned by the death of Judge H. H. Chalmers, who presided as Chief Justice. Judge Arnold resigned, and at the date of his resignation was Chief Justice. Governor Lowry appointed as his suc- cessor, Thomas H. Woods, who was re-appointed by Gov- ernor Stone. Judge Woods was Chief Justice until his re-appointment.


It is proper to say in explanation of the many changes


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of the presiding Judge or Chief Justice of the Court, that the Judge whose term of office expires first, presides as Chief Justice. This was made the law by the Revised Code of 1880.


Referring to the Judiciary, it is a noteworthy fact, that the three Judges of the United States Court for the District of Mississippi, cover over a half century. Judge George Adams, Judge Samuel J. Gholson and Judge Robert A. Hill, the present incumbent, who has presided continuously for twenty-five years. The two former were jurists of ability and high character, widely known and thoroughly acceptable during their long service. It may be said of Judge Hill that he went on the bench in a most critical era. A Republican in politics and appointed by a Republican President, he had to deal with new and novel questions, such as necessarily presented themselves during the military and reconstruction periods, and it may be confidently stated to the credit of this venerable Judge, that he has preserved his integrity and that his judicial career has been conservative, and at the expiration of a quarter of a century he numbers among his friends all the bar of the State who have long practiced before him, and to whom he has always extended the greatest courtesy.


CHAPTER XXXIX.


THE GREAT WAR BETWEEN THE STATES.


TT was not contemplated in the preparation of this volume, to enter into a discussion of the civil war, or to attempt anything like an extended account of the part borne in that great struggle by Mississippians, nor to enter into a discussion of the causes that led to the most gigan- tic war of modern times. The differences, whether of great or little moment, had the effect, not only of wreck- ing thousands of happy households, but for a time after the cessation of hostilities, of striking down what our an- cestors esteemed constitutional liberty. A quarter of a century has passed since arms were stacked, tents folded, and brave men returned to peaceful pursuits. The people of the Southern States were subjected by the victors to a species of tyranny and oppression, that to-day can scarcely be realized, even by those sought to be humiliated.


Lofty patriotism is an inheritance of American manhood, and in antagonism with every character of tyranny. The causes and results of the civil war have been so distorted by many who assume to give its origin and write its his- tory, that it would be well if the mantle of charity could for the time be drawn over the wrongs of either side, in- dulging the hope that time, which is a great corrective of wrongs and mistakes, will bring forth some scholarly, un- predjudiced, fair-minded man who will gather up the material and give a true account of the greatest struggle in the world's history. Whatever has been written, and now alleged to the contrary, fidelity to the constitution of the fathers has been the test of loyalty with Southern men, and for this, as understood by them. they followed the stars and bars for four long and eventful years, against overwhelming odds, to see it at last buried in a military defeat.


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During this manly strife, near eighty thousand Mississip- pians, of all arms, serving in the Virginia and western armies, stood on the front line of fire, bore their part on every field of strife, from Pennsylvania to the coast of Florida. Wherever battles were fought, there the bones of Mississippians are bleaching to-day. They participated in the battles of Corinth, Port Gibson, Baker's Creek, Raymond, Jackson, the memorable seige of Vicksburg, and others fought on their own soil, as well as those in Virginia, Kentucky, Tennessee, the Carolinas, Georgia, Alabama, Florida, Louisiana, Arkansas, Texas and Penn- sylvania. They laid down their lives for their interpreta- tion of the right. It will be the duty and pleasure in the future of some one of her sons to give in detail the renown won and the part borne by Mississippi troops in that memorable struggle, and that task, well performed, will satisfy posterity that Southern soldiers fought, as they understood, for that independence transmitted to them by their ancestors. Instead of a separate nationality, as was intended by Confederate contention, based upon the great principle that the people have a right to choose their own form of government, and to be sustained in that choice by the fundamental law of the land, we have a united country, the executive administration of which is confided to one section. The American flag floats from ocean to ocean, and it is supposed that every freeman is not only protected by its broad folds, but that each, how- ever humble, may aspire to the most exalted preferment within American reach ; this, however, seems a violent sup- position for the bodies of representative men who assem- ble to choose a Chief Magistrate and his associates for sixty millions of people, as completely ignore in that choice statesmen of twelve sovereign States of the Ameri- can Union, as if they were Provinces of Great Britian. This is both unnatural and unjust, a blot upon advanced civilization, and serves as a vehicle of oppression that is in conflict with every principle of constitutional liberty. Whether or not the corrective will be applied in the near future to this and other features of government which ap- pear to be maintained as tests of loyalty, cannot now be


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determined, but there is no earthly power that can prevent the civilized world from rendering one verdict, that South- ern soldiers exhibited a prowess, manly courage and valor seldom surpassed in the world's history.


Among these struggling heroes were the many thousand Mississippians, and of the renown won they cannot be robbed, and the pleasant task of a capable and unpreju- diced historian of grouping together their soldierly con- duct and battles in which they were engaged, will consti- tute a volume that will be appreciated in every household in the commonwealth.


In regiments and brigades they formed a part of the command of every great captain that commanded Confed- erate armies during the protracted struggle-always full of courage, and fighting as they believed for the firm es- tablishment of the past glories of a common country ; for great principles, which like Milton's angels, "are immortal and can never die."


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CHAPTER XL.


JEFFERSON DAVIS.


TN considering the character of Jefferson Davis, we are to view him as one of the most illustrious statesmen of the age in which he lived, and undeniably the most illus- trious and best beloved citizen the State of Mississippi ever possessed.


Though born in Christian county, Kentucky, on the 3d day of June, 1808, he was brought to Mississippi while a tender infant, and was nurtured on the soil of the State he loved with the most devoted affection. The son of a Revolu- tionary soldier, and the nephew of two uncles who were also soldiers in the great struggle for independence, it is not strange that the boy, Jefferson Davis, should have been fired with a military spirit and a desire to be a sol- dier himself.


Up to eight years of age he was in charge of his elder and devoted brother, Joseph E. Davis, who at that time re- sided near Greenville, in Jefferson county, and had an office in the village, where he was engaged in the practice of law before the courts of Jefferson and the adjoining counties.


At the age of eight years his bother determined to send him to school in Kentucky, where he could enjoy better educational advantages. He was was placed in charge of General Thomas Hinds, who was visiting Kentucky, and his son, Howell, about the same age as young Jefferson Davis, each rode from Greenville, in Jefferson county, to Bardstown, Kentucky, on horseback, a journey which few boys of their tender age would care to undertake to day. After remaining at school at Bardstown some two years, he was transferred to the Transylvania University at Lex- ington. Here he was making rapid progress with his


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studies, when the whole current of his life was changed by his appointment as a cadet at the Military Academy at West Point. After four years of study at West Point he was graduated in June, 1828, and entered the army of the United States as a brevet second lieutenant.


The next seven years of his life were spent on our west- ern frontier. He was actively engaged in the Black Hawk war, and was exposed to much hard and arduous service. In 1835 he resigned his position in the army, and was mar- ried to the daughter of Col. Zachary Taylor. His wife, however, only lived a few months.


For the next eight years Jefferson Davis was a student and a recluse. It is extremely doubtful if during these eight years three dozen people in Warren county made his acquaintance, or even knew him by sight. His brother, Joseph E., had a fine library, books devoted to science, to natural history, to the science of government, and all subjects. These he studied with care through all these years of seclusion, and when he finally cast off the garb of the recluse and the student, preparatory for a life of action, he leaped into the arena "like Pallas from the brain of Jove, full-armed."


His first entrance into political life was as a candidate for the State Senate in Warren county in 1843. Warren was then a Whig county by a decided majority, and party lines were stringently drawn in that period. His next po- litical appearance was in 1844, as a candidate on the Dem- ocratic ticket for Presidential elector. He made so much character by his canvass, and so impressed the people with his ability, that the next year he was nominated and elected to the national House of Representatives. He took his seat in December, 1845, but resigned to accept the command of the first regiment of Mississippi volunteers raised for service in Mexico. The performance of Col. Davis and his regiment will be found related elsewhere.


When Col. Davis and his regiment returned home with their brows bound with the chaplets of victory, Governor Albert G. Brown tendered him the appointment of United States Senator, to supply the vacancy occasioned by the death of the late Senator, Mr. Jesse Speight. Col. Davis


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took his seat for the first time in the Senate in December, 1847, and when the Legislature assembled in January, 1848, the appointment by Governor Brown was ratified by the unanimous vote of the Legislature. He was re-elected as Senator in 1850, for the term commencing March 4, 1851, but in the autumn of the latter year resigned his seat in the Senate to become a candidate for Governor.


In March, 1853, Col. Davis became a member of the cab- inet of President Pierce as Secretary of War. That he made a splendid war minister goes without saying, and the present writer remembers to have heard General Geo. W. McCrary, Secretary, of War under President Hayes, pronounce "Jefferson Davis, the ablest Secretary the War Department has ever had."


Jefferson Davis was returned to the Senate in 1857 for the full term of six years, and took his seat in that body in December of that year.


The country knows that during the years that Jeffer- son Davis held a seat in the Senate of the United States, he was the peer of the ablest and proudest Senator on that floor. He was ranked with the great triumvirate, Clay, Calhoun and Webster, and bore himself as the peo- ple of Misssissippi would ever desire their representative to bear himself in the most exalted legislative tribunal in the world-absolutely without stain or reproach.


When Misssissippi determined to sever her relations. with the Union, Mr. Davis, recognizing that his first alle- giance was due to the State whose representative he was in the Senate, and whose sons he had led to battle and to victory, at once determined to retire from the Senate of the United States. He announced that determination in a speech of marked ability, candor and frankness, which will be found elsewhere in this volume.


It can scarcely be necessary to relate how he became Provisional President of the Confederate States of Amer. ica. or how the choice made by the Confederate Congress at Montgomery, Alabama, was unanimously ratified by the people of all the States of the Confederacy at an elec- tion in November in 1861. How Jefferson Davis bore him- self under the heavy burden of his multifarious responsi-


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bilities as President of the Confederate States of America it boots not now to tell. His waking hours were devoted to labor for the cause to which his life was consecrated, and many of his hours of repose were given to invoca- tions to the Most High for blessings upon that cause.


Jefferson Davis, as chief of the Confederate. States of America, waged a gigantic war with one of the most pow- erful governments known to our times, for four weary years. He saw in those years the muster rolls of the United States bear the names of three millions of men; while the muster- rolls of the Confederate army bore scant 600,000 names. Though often victorious on many fields against frightful odds, the end came on the 9th day of April, 1865. The surrender of General Lee was followed by that of other commanders in the field, and the government of the Con- federate States became a memory. Jefferson Davis was captured, hurried to Fortress Monroe, and there manacled like a common, vulgar ruffian.


This act of placing Jefferson Davis in irons was pre- ceded by one almost as atrocious. President Johnson of- fered a reward of $100,000 for the capture of Mr. Davis as one engaged in the conspiracy to assassinate President Lincoln. Both will remain eternal stigmas upon the escutcheon of the United States.


Mr. Davis remained in prison for nearly two years, when he was liberated on bail, his chief bondsmen being Horace Greeley and Gerritt Smith, of New York. His trial came to naught, and was finally abandoned, and neither the charge of treason, or conspiring to murder Mr. Lincoln, was ever attempted to be sustained.


Meantime. Jefferson Davis went quietly about his busi- ness, attending to his planting affairs, reading his favorite authors, enjoying the society of his friends, conscious that he possessed the respect and the confidence of every brave man and virtuous woman in the entire South.


In the first days of December, 1889, the people of the South were saddened by the intelligence that Jefferson Davis was critically ill in the city of New Orleans. They watched the dispatches in the morning and evening jour- nals with the deepest and most painful interest, until the


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end came at 12:45 in the morning of the 6th of December, 1889, and then every house in the South was covered with the pall of sorrow. Brave men, gentle women, and tender children found their eyes suffused with tears "as when a loved one dies." The death of Jefferson Davis was worthy of one of his high, heroic character. He passed away as peacefully as an infant falls to sleep in its mother's arms. The shock to the country and to his friends was none the less, however. Men heard the news as it passed from mouth to mouth in silent sorrow. The passing away of a great soul stirred too many memories of heroic deeds to find utterance in spoken words. There was a keen pang of sor- row in the heart of the great South, from the Potomac to the Rio Grande, from the Ohio to the Gulf of Mexico, and from the Atlantic ocean to beyond the Mississippi river.




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