Biographical and historical memoirs of Mississippi, embracing an authentic and comprehensive account of the chief events in the history of the state and a record of the lives of many of the most worthy and illustrious families and individuals, Vol. II, Part 2

Author: Goodspeed Brothers
Publication date: 1891
Publisher: Chicago, Goodspeed
Number of Pages: 1314

USA > Mississippi > Biographical and historical memoirs of Mississippi, embracing an authentic and comprehensive account of the chief events in the history of the state and a record of the lives of many of the most worthy and illustrious families and individuals, Vol. II > Part 2

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Several ordinances were passed by the convention, among which was one providing that the system of balloting known as "the Australian system," now so generally in use, shall be used until January 1, 1896, to which time the terms of the leading state executives have been extended by a second ordinance. Others are incidental to the convention itself, in regard to penitentiary farm, the election of a land-commissioner in 1895, in regard to doubtful swamp- land claims, to issue $500,000 of bonds for levee purposes, in regard to the complete estab- lishment of Pearl river county, and one to exempt from taxation for ten years all permanent factories hereafter located in the state before the year 1900. Such is the present constitu-

MEMOIRS OF MISSISSIPPI.

tional condition of Mississippi after a little over a quarter of a century's existence of a new epoch in her career.

The state capital has been at Jackson so many years that it might properly be supposed to always have been so located, for he is a man older than the state itself who can remember its location elsewhere. The successive removals of the provincial and territorial capitals have been indicated. By the constitution of 1817 the first session of the legislature was to be held at Natchez and thereafter as determined by law. Very soon afterward, February 20, 1819, a grant of two sections of public land was made by the United States in any portion where the title of the Indians had been secured, and which was to be located by the state. Almost two years later (February 12, 1821), at the time the monster county of Hinds was created to include the new Choctaw cession, a commission was chosen by the state to locate . their grant of two sections "within twenty miles of the true center of the state." Those com- missioners were Gen. Thomas Hinds, Dr. William Lattimore and James Patton, who reported their choice, and on November 28 following, provision was made for the survey and laying out of the present capital, " the town so laid out to be called and known by the name of Jackson, in honor of Major-General Jackson." Peter A. Van Dorn succeeded James Patton, and it is interesting to note the progress of the work in reserving lots or "greens" for the capitol, court- house, college or academy, executive mansion, and the sale of lots, one incident of which was to secure the immediate building of residences by giving ten preferred lots to those purchasers who would, within a year, build a representative log or frame house, " not less than thirty feet in length." On June, 30, 1822, the plans of the commissioners were approved and the town established, whereupon the temporary state buildings were ordered and future sittings of the assembly were ordered there. We may imagine the commissioners viewing the bare landscape and pointing to this hight and that as the most commanding one above which was to rise the dome of a future stately capital, finally deciding upon one that would overlook the ferry and valley of Pearl river, and as the map lay before them, afterward choosing the names Capitol, State, President, Congress and others for the streets.

A decade passed, however, before the state was ready to grace the sites chosen with suit- able architectural structures to represent the dignity and power of the state as well as furnish the government a home. On February 26, 1833, measures were taken to effect this by pro- viding for the sale of lots and otherwise to grant $95,000 for the capitol and $10,000 for the executive mansion. As is common in such cases the completion of the buildings was delayed several years, and the cost rose to several hundred thousand dollars in the end. William Nichols was the architect chosen to complete the buildings, and was made state architect in 1836. A commissioner of public buildings was appointed in 1838 and Charles Lynch was chosen, at which date also provision was made for the reservation of a commons or park. In 1841 the office of keeper of the capitol was created and William Wing appointed to it. On January 29, 1842, the apartments of the capitol were distributed as follows: In the basement story, No. 1 was given to the governor; No. 2, the secretary of state; No. 3 to the clerk of the high court of errors and appeals; No. 4 to government stationery; No. 5 to the keeper of the capitol; No. 6 to the adjutant-general; No. 7 to the chancery court; No. 8 to the chancellor; No. 9 to the archives; No. 10 to the attorney-general; No. 11 to the clerk of chancery court; No. 12 to the state treasurer; No. 13 to the state auditor.

On the first floor, No. 1 was assigned to the senate; No. 2 to the senate committee; No. 3 to the secretary of the senate; No. 4 to the senate committee; No. 5 to the enrolling clerk of the senate; No. 6 to the high court of errors and appeals; Nos. 7 and 8 to the house com- mittee; No. 9 to the enrolling clerk of the house; No. 10 to the chief clerk of the house, and

BIOGRAPHIICAL AND HISTORICAL

No. 11 to the house of representatives itself. On the second floor, No. 1 was given to the state agricultural society; No. 2 to the senate committee; No. 3 to the librarian; No. 4 to the library; No. 5 to the judges of the high court of errors and appeals, and Nos. 6 and 7 to the house committee. Of course some changes have since occurred, among which may be mentioned the removal of the library to the basement facing in the rotunda.

The capitol, now showing the effects of age and rough usage, is still a chaste and dig- nified piece of Greek architecture, with an Ionic face of six columns, looking down Capitol street, the main building being of a severe and somewhat earlier form, and all surmounted by a dome and extension, from which is gained a broad, picturesque view of the city, spread out in gently-rolling proportions on all sides except the east, where spreads the winding Pearl valley. Here have been enacted the varied experiences of the state for nearly three- quarters of a century, with the exception of a brief period during the war, when Columbus was the temporary capital; and in commemoration of that great tragedy of war in which was spilled much of the best blood of the state, the south part of the oblong grounds, neatly inclosed and extending along two blocks of State street, has been adorned by an elaborate and stately monument, on whose white marble one may read this legend: "To the Confeder- ate Dead of Mississippi." This was unveiled with splendid ceremonies, on June 3, 1891, before multitudes from every part of the South, as the results of five long years of earnest effort by the ladies of Mississippi, organized on June 15, 1886, as the Confederate Monu- ment Association of Mississippi. The piece is sixty-four feet high from the ground line, and is composed of four main parts: the die, a castled chamber thirteen feet high by fourteen feet wide, fitted to contain a life-size statue of Jefferson Davis, which is now in preparation; the plinth of four Egyptian columns, supporting an entablature, and seven feet square by nine feet high; the spire shaft, three feet eight inches square at the base, tapering thirty feet to a top two feet square, and surmounted by a statue in Italian marble, of a Confederate soldier and gun in parade rest, six feet ten inches in hight. The first public suggestion for such a monument was made by Mrs. Luther Manship, of Jackson.

Passing down Capitol street, one finds the third square on the right slightly elevated, and amidst its luxuriant foliage and lawn rises an elegant structure of Greek simplicity where the state's governors have long resided. To the north the executive mansion, first occupied by Governor Tucker in 1842, looks out upon the pleasing proportions of the public park, which occupies a square.

The governors of Mississippi have usually been among her ablest sons, and not a few among them those whom the people delight to honor. The territorial governors began with Winthrop Sargent, in the summer of 1798. His unfortunate administration has already been referred to. It closed on the 22d of November, 1801, on the arrival of the second governor, William C. C. Claiborne, after a term of about three years.

The second administration was the first really successful one, and resulted in the satis- faction of all classes. Governor Claiborne not only had to handle the affairs of the territory wisely, but kept so wisely in hand the complications due to proximity to the Indians and Louisiana that on December 2, 1803, leaving Col. Cato West, secretary of the territory, in charge, he went to New Orleans after two years of successful efforts, and became governor of that new territory in October, 1804.

On January 26, 1805, Robert Williams, of North Carolina, arrived at Washington, the capital, and succeeded Governor Claiborne. His was an administration notable for the state's prosperity and his own unpopularity. It was in this period that the famous experiences of Aaron Burr occurred, that part which occurred in this territory being due to the action of his

MEMOIRS OF MISSISSIPPI.

secretary, Cowles Mead, acting as governor in his absence. It was then too that the people first elected their delegate to congress instead of the legislature. A!ter four years he was replaced by a new appointment made by President Madison.

Governor David Holmes, a native of Virginia, was the third executive, whose long administration of over eight years began in March, 1809, and closed with the career of the territorial form of government in December, 1817. These were the eventful and trying years of the Creek wars, the British war and the evolution of statehood, and successfully did the governor guide affairs through them.

The state of Mississippi under its new constitution chose to honor Governor Holmes by election to the office he had held so long by presidential appointment; and he served during its organization for two years until 1819.

The second governor was George Poindexter, who served one term to 1821, one of the ablest men that ever graced a gubernatorial chair anywhere. His codification and revision of the state laws is a masterpiece in that line.

Governor Walter Leake served with ability during two quiet administrations (1821-5), his death occurring a few weeks before his second term closed, which period the lieutenant- governor, Gerard C. Brandon, acted as his successor. He was the first to be honored by reëlection.

The fourth governor, elected in 1825, was Mr. Leake's lieutenant-governor, Mr. Brandon, who was also the first governor and was a native of Mississippi. His four years of service as executive covered the period of agitation over the noted Planter's bank bonds, and that for a new constitution.

Gov. Abram M. Scott entered upon the duties of his office in January, 1832, but died in November, 1833, before his term was finished, Lieutenant-Governor Fountain serving the unfinished period. His administration was successful and marked chiefly by the adop- tion of the new constitution.

The sixth governor, serving one term during 1834-5, was Hiram G. Runnels, whose able but quiet administration was uneventful.

The administration of 1836-7 was that of Gov. Charles Lynch, the seventh governor.

Alexander G. McNutt, the eighth man who had been elected to the office of chief executive, was one of the strongest men the state has produced. His two terms covering the years 1838-42 were agitated by not only national financial trials, but the famous struggle over the Union bank bonds, whose repudiation his bold efforts secured probably more than any other one influence. It was in 1840 that Gen. Andrew Jackson was so enthusiastically received as a guest by the state.

The ninth governor, serving for 1842 to 1844, was Tilghman M. Tucker, whose adminis- tration was quiet and successful. One incident of interest was the defalcation of the state treasurer, Richard S. Graves, for about $50,000.

Gov. Albert G. Brown was another of Mississippi's stalwart statesmen, whose adminis- tration (1844-8) was chiefly marked by the state's action in the Mexican war. His wisdom is indicated among other things by his efforts to secure to the state a public-school system on an adequate scale.

The administration of the eleventh governor of Mississippi, Joseph Mathews, was une- ventful and covered the years from 1848 to 1850.

Another prominent figure is the twelfth governor, Gen. John A. Quitman, who entered on his duties in 1850. His administration is complicated by his resignation, whereupon two successive presidents of the senate filled the unexpired term, namely, John I. Guion and

BIOGRAPHICAL AND HISTORICAL

James Whitfield. The resignation was for the purpose of trial for complicity in the Lopez expedition against Cuba, but he was acquitted. This administration is marked by the anti- compromise convention of 1851.

Gov. Henry S. Foote succeeded as the thirteenth chief executive in 1852, and was one of the brilliant men of the state. The repudiation of the Planter's bank bonds at the polls, after the senate had unanimously declared them legal and binding, and the decision of the high court of errors and appeals that the Union bank bonds were valid, were the two promi- nent events of his administration.

The fourteenth governor served two terms, covering the years 1854-8, quiet but success-

ful. This was Gov. John C. McRae.

Gov. William McWillie's administration was also a quiet one of one term, 1858-60.

In 1860 the sixteenth governor, John J. Pettus, was inaugurated, and under this vigorous executive the well-known events of the war were precipitated. He served two terms.

Gov. Charles Clarke's administration began in 1864 and ended with military control; the incidents of this period are mentioned elsewhere.

Judge William L. Sharkey was provisional governor in 1865.

Gov. Benjamin C. Humphreys entered upon the duties of his office in October, 1865, and served until removed by the military forces.

Gen. Adelbert Ames was made military governor, as has been indicated.

On March 10, 1870, Gov. James L. Alcorn was inaugurated as an elected executive, but, as has been mentioned, he was succeeded by Lieut .- Gov. R. C. Powers, on his election to the national senate.

Gov. Adelbert Ames was inaugurated in January, 1874. His administration was noted for confusion, proceedings of impeachment against him, his resignation, and "the great revo- lution," all of which belongs to the chapter on politics.

The president of the senate, Col. John M. Stone, succeeded to the office of chief execu- tive by virtue of this office in 1876, and was elected in 1877, serving until 1882. Since his induction into this office the state has entered upon a career of quietness and prosperity in marked contrast to the years since 1861. The founding of the Agricultural and Mechanical college was accomplished during his term.

Gov. Robert Lowry's administration was the longest in years that the state had witnessed; it was but two terms, but their length was four years instead of two, covering the years 1882 to 1890, a period of vast recuperation and development to the state. The establishment of the Industrial institute for girls, the East Mississippi insane asylum, and the Railroad commission, as well as the unprecedented construction of railways and increase in manufact- ures and other industries, place this period among the most remarkable ones in the career of the state.

The present administration presents the unique and highly complimentary circumstance of the recall of a former governor to the executive chair after an interval of two terms. Gov. John M. Stone, having served six years so successfully in times of trial, entered upon his duties again in January, 1890. The adoption of the new constitution is the most promi- nent event so far in his administration.

The present epoch, covering the last thirty years and characterized chiefly by the new political status of the negro, presents from a governmental point of view practically three periods-the first or military period, from 1861 to 1868-9; the second period under the con- stitution of 1868-9, from that date to 1890, and the present period under the constitution of 1890. The first period may fall into two sections, the one under secession and that part, from

MEMOIRS OF MISSISSIPPI.

1865 to 1869, under military power. The divisions of the second period may be made on the basis of the predominance of races, the colored race previous to 1875, and the white race afterward, the former covering about eight years of the constitutional period mentioned, and the latter about fourteen years. This division is, however, less governmental than political or partisan. As a constitutional epoch its periods are necessarily based on its relations to the national constitution as well as on its internal forms. Few governments of the world present more striking evolutions in the course of a little less than two centuries, or evolutions more worthy the interest of the most profound student of governments, than does the career of the people and the boundaries known as the state of Mississippi. But more pregnant with interest and mystery than all the past is the problem that confronts her at this moment- fortunately a problem whose magnitude no one realizes more than her own citizens, and one whose solution seems so far to baffle the best minds of the civilized world. It is a question which involves so many elements-elements so elusive, too-elements totally misunderstood to those not on the field, and elements almost equally distorted by the prejudices and passions aroused in one in the midst of them. Fortunately-a tame word in this case-it has been lifted out of dense and hideous depths of ignorance and passion by over a quarter of a cen- tury of that great purifier-Time; but it has not wholly escaped either the ignorance nor the passion and prejudice yet. No one, however, who has investigated the situation at all fairly, can doubt that all concerned are manfully setting themselves to its solution. All concerned includes the civilized world; for all are interested in the capacity of republican or democratic institutions to meet every condition; but those more immediately concerned may be named, without regard to order, as the white people of this state, the colored people, the national government, and those in all lands who have especially at heart the civilization of the African race. All these have plans to offer from their own view points more or less excellent, but none wholly satisfactory to the four interested nor to themselves in all respects.

The conditions are: A population over half of which is colored and with all the ignorance and incapacity of ex-slaves as to the mass; an outnumbered white population with all the intelligence in it, refinement and culture, the product of years under a regime of aristocratic wealth; a forced political equality; the consequent struggle for mastery, because of numbers on the one hand and of intelligence on the other; both determined to stay in the state, the one because of home and property, the other because of home, inertia and climatic fitness; both bound by a certain dependence to the other, the white on the labor of the negro, appar- ently so necessary in this climate, and the negro on the intelligence and capital of the white people; and yet both separated by that peculiar and mysterious race instinct so beyond our grasp, and that too intensified by an irritated past.

The alternatives are: A stumbling, blundering, ignorant and inexperienced government by a colored majority; or a skilled and able government by the minority white population, with some form of suppression of the ignorant majority.

The point of issue seems to be that one race is determined to grow in self-government by blundering experiment involving the more intelligent race in the confusion, but is not strong enough to effect it; while the other race is strong enough, and is determined, by virtue of its intelligence, to govern the best for both, and let the negro grow in self-government the best he may under tutelage. It is a case in which "of two evils choose the less," and even many negroes, as well as the white race, believe the latter to be the less, and seem to be acquiescing.

Meanwhile, as said above, plans of solution are rife. Among those of every land espe- cially interested in the civilization of the colored race, there are those that believe our colored

BIOGRAPHICAL AND HISTORICAL

population should be sent to Africa or to some given region like the Indians in Indian terri- tory and colonized, but, with the exception of a few educated or aggressive colored people interested in Siberia and the evangelization of Africa, the colored people receive this coldly, many insisting that the whole world shall be free to thein, and that such a course would cut them off from the civilization gained by the European races. "Besides, how long would it be before white people would be so numerous in Africa that the question would simply be revived there?" they say. The plan is held as merely speculative, even by the white people. Another class hopes and believes that, whatever happens, another generation of education and a purer religious teaching, along with the possession of property and perfected family life, will find a silent but effective solution.

The uational goverument, when in the hands of those watchful for the infringement of the fourteenth amendment to the constitution, has proposed to resort to the measures of reconstruction, at least as far as the election of national officers is concerned, by a law that would apply equally all over the union, but, for many reasons, not the least being the fear of the precedent of introducing the army to the poles anywhere, this has not been effected. There is no doubt, too, that increasing general knowledge of the difficulties of the situation by the whole nation has also tended to discourage it. There are few, probably, who have really seen the situation but would look doubtfully upon such a measure. Besides, it would not be a solution, but only a return to the second alternative.

The colored people's solution has been described, as held by many of them. Others pro- pose some joint division of offices between the two races on a compromise ticket, as has been secured in places where the negroes are less agricultural than in this state and more largely educated and owners of property, and where the white people, in consequence no doubt, are more inclined to concession, and the negroes prompted less by a feeling of might and right in numbers.

Finally, the white people of the state have undertaken what they hope to be an ultimate solution by an educational and tax qualification for franchise, which, while it may disqualify a few white men, will sift out large numbers of ignorant and shiftless negroes until the hith- erto legal colored majority will no longer be a menace to intelligent government. This will also make a class of conservative colored voters, and constantly impress the value and respon- sibility of franchise upon the rest, while holding out encouragement and inducement to that education and property responsibility, the former of which, at least, is the rock of safety upon which alone successful self-government can rest.

MEMOIRS OF MISSISSIPPI.

CHAPTER II.

LATER LEGAL AND JUDICIAL HISTORY.

T HE war got itself finished and done with at last, and nothing was left to the shattered state except to pull itself together as best it might and try to get over the dreadful wreck.

On the 6th of May, 1865, Governor Clarke issued a proclamation to the people, in which, among other things, he informed them that he had called the legislature to convene at Jack- son on the 18th of that month. But he was not allowed to proceed. The legislature was forbidden to assemble by the Federal authorities, the governor was imprisoned in Fort Pulaski, the courts were all closed, the archives and public records of the state were seized, the administration of the laws was suspended, the civil government was totally over- thrown and all of its functionaries removed from their offices. The military power reigned supreme.

What was the condition of the laws during this very critical period? This question has received judicial consideration. On the 30th of May, one John Harlan stole a gun; he was afterward indicted and convicted; he moved an arrest of judgment on the ground that at the time of the commission of the offense the constitution and laws of the state were sus- pended or overthrown and destroyed by the military power of the United States, and that no such sovereignty then existed or was recognized as the state of Mississippi. Of this the supreme court said: " We entertain no doubt that the laws of the state, civil and criminal, as they stood at the date of the secession ordinance, continued in force afterward, precisely as before, unaffected by that ordinance, or by the war, or by the deposition of the state magistrates in the month of May, 1865. The laws themselves were not suspended during the administration of General Canby and Provisional Governor Sharkey, but only their administration was temporarily suspended."

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Biographical and historical memoirs of Mississippi, embracing an authentic and comprehensive account of the chief events in the history of the state and a record of the lives of many of the most worthy and illustrious families and individuals, Vol. II, Part 2

Author: Goodspeed Brothers Publication date: 1891 Publisher: Chicago, Goodspeed Number of Pages: 1314

Author: Goodspeed Brothers
Publication date: 1891
Publisher: Chicago, Goodspeed
Number of Pages: 1314