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 5

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 5

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BIOGRAPHICAL AND HISTORICAL

gain longer than ninety-nine years, and their property shall be taxed to the same extent as that of individuals. Public education is guaranteed for four months in each year, out of the public treasury. Devises of lands or money, direct or indirect, to charities or religious associa- tions, are forbidden. The prohibitions against property qualifications, contained in the con- stitution of 1869, are omitted.

Not much change was made in the judiciary provisions. The supreme judges must be chosen from their respective districts as well as for them. The terms of chancellors and cir- cuit judges are fixed at four years. If suits are brought into the circuit court, when they should have been brought into the chancery court, they shall not be dismissed, but transferred, and vice versa. The chancery court is given jurisdiction to decree possession, rents, improve- ments and taxes in all suits to try title and remove clouds, and in all cases in which it had jurisdiction auxiliary to courts of common law, it may exercise such jurisdiction, although the legal remedy may not have been exhausted or the legal title established by a suit at law, and it may entertain suits on the bonds of fiduciaries or public officers for property received, or wasted, or lost by neglect or failure to collect, or suits involving inquiry into mutual accounts. The jurisdiction of justices of the peace is raised to $200.

An ordinance was adopted, introducing the Australian ballot system, with Dortch's modifications, in all elections except those for congress, irrepealable before January 1, 1896.

Section 278 of this constitution provided that the governor should appoint three suitable persons as commissioners, "whose duty it shall be to draft such general laws as are contem- plated in the constitution, and such other laws as shall be necessary and proper to put into operation the provisions thereof, and as may be appropriate to conform the general statutes of the state to the constitution." The governor accordingly appointed on this commission Hons. Robert H. Thompson, George C. Dillard and Robert B. Campbell, all of whom were members of the convention. These gentlemen came to the conclusion that, in order to do properly the work exacted of them, it is necessary to prepare a new code, and they are now engaged in that duty. The draft will be submitted to the legislature of 1892 for its action.

The legal and judicial history of Mississippi is now narrated to this date. But it would not be proper to end this chapter without some notice of certain gentlemen whose names have not yet been mentioned, or else mentioned so briefly as not to indicate their merit. They held no judicial offices in this state, or but humble ones, and yet they made legal and judiciary history. The names of Fulton Anderson, Roger Barton, Walter Brooke, William F. Dowd, Wiley P. Harris, James T. Harrison, Joseph Holt, Lucius Q. C. Lamar, Daniel Mayes, John T. McMurran, James Phelan, Sargeant S. Prentiss, George L. Potter, John B. Sale, Harvey W. Walter, Edward C. Walthall, John W. C. Watson, George S. Yerger and others of similar genius, constitute a galaxy which any Mississippian will regard proudly. - Not all of them were gifted after the same manner. Some wielded the keen and glittering scimetar of Saladin, others the ponderous ax of Richard, but all were powerful. Nearly all are dead, yet their work remains, and with it, themselves. When the dull, cold days of winter have settled on the earth, and the glowing sunlight, the plashing and vivifying showers, the musical and strengthening breezes of summer are gone, who shall say that those beneficent and joyful agents have in truth passed away? Have they not stored themselves in a rich fruitage, in corn and wine, and more than all, the possibility of renewed life? So, the honored names above, even of those who are dead, are more than memories. They have illuminated our annals; they have enriched our jurisprudence; they have left us a noble legacy of lofty aspiration and high achievement. Let their posterity remember them lovingly and gratefully.

MEMOIRS OF MISSISSIPPI.

CHAPTER III.

INSTITUTIONS AND SOCIETIES.

A BODY of men acting as a state passes through experiences that are much like the emergence of a half-savage hunter into the highly organized life of an educated and cultured gentleman. The simple organization with a constitution, a state capitol and executives is but the hunter's eyes, arm and gun compared with the power of educated men with laboratory, library, and machinery. The state begins to develop. It provides for its sustenance in its revenue, a financial basis that grows more complex and extensive as the state develops, a history of which in any state would form a volume of marvelous interest to the thoughtful reader, but which can only be touched upon in a sketch of these limits. Almost as soon it provides for protection both from without and within by a militia organ- ization, sometimes official and sometimes unofficial or voluntary, and this prospers or becomes weak, like a muscle, according to the varying need for its use. Protection from individuals is provided for in prisons, and as the state develops, these take on a penitentiary and reforma- tory character, when they fall more or less under the list of those institutions for the deformed, morally and otherwise. The deformed, as to speech, hearing, vision, or mind and often in body, are in earlier years of the state cared for by relatives and friends, but soon the people determine to share the support and aid of these under the state in schools, hospitals and asylums. At an early date the state provides itself a memory in the form of a library, which at first preserves only its necessary records made by its scribes or printers, and as the state enlarges its interests become a store of rich information, not only covering all its own affairs, but the thought and action of all states, wherein it takes continual stock of the resources of all ages. But this larger interest depends on the people individually, and so a system of public education is early begun, at first more or less primary, then slowly extending its scope to academies, high schools, normal or teachers' schools, colleges, training schools for occupations, professional schools, and universities for original inves- tigation, the success of all which efforts is most marked when the population is homo- geneous. As the state enlarges in population and becomes complex in action and interests, a more or less elaborate system of regulation is organized; easy movements through, and in and out of the state become necessary, and flat-boat, raft, sail or steam vessel regulation becomes necessary on river or ocean, or boards for the construction and care of levees to hold the streams to a fixed course, while on land the pack- horse, and stage, giving way to rapid railways, make an organization necessary to regulate the varied interests of the state in these new complications for the movement of products and people. The occupation and development of waste and uuoccupied lands is another interest important enough to place in

BIOGRAPHICAL AND HISTORICAL

special hands; and this gives rise to the emergencies incident to an influx of population, an interest large enough to require the attention of one or more special officers. Increased population and greater intelligence usually lead to provision of officers or boards for the regulation of sanitary conditions, especially where epidemics are dangerous possibilities. In tinie the state advances to aggressive investigation of its own resources in various lines by bureaus or like agencies, in investigating its geological resources, in collecting information on its agricultural needs and possibilities, in studies of its wage-earners' conditions, its manufact- uring powers, in periodical stocktaking oftener than the national census, and so on ad infi- nitum. So far as Mississippi has undertaken any of these lines, the most important will be indicated, some in this chapter, and others, such as the systems of public education, sanitation and the judiciary, are assigned separate chapters.

Many things are undertaken by the people associated in an unofficial or voluntary capac- ity, however; such as for mutual aid, social advantages, improvement, investigation, agitation, and the like. Such are the various fraternities and benefit associations, the state medical and .bar associations, the press association, the various political organizations, the temperance union of women, the association of teachers, all of which are treated in separate or allied chapters, while the historical society, the Confederate veterans' association and a few others will be given brief mention here.

It is needless to say that the white race is referred to in speaking in this general line, for the intelligence and experience that is required for successful work in an organized capacity, at least any but the most crude and elementary, seems rot to have been reached to an appreciable degree yet among the colored race in this state.

The militia has had a varied experience. Always provided for by law, both under the territorial governors and by every constitution, it has from the first been largely made up of volunteer companies. Many causes, both from conditions and sentiment, have contributed to make a considerable pride in excellent military companies, some of which, like the Natchez Fencibles, have had a remarkably long and well known career. This fact in part explains the state's prompt response to calls upon it. From 1799 to 1836 the legislature passed about seventeen fragmentary acts, which were replaced by Pray's systematic act of May 5, 1837. Since then the militia has been systematically provided for in full in later constitutions.

During the period immediately succeeding the war, the militia was composed largely of colored men, but since the change of administration in 1875 they have been chiefly drawn from the white population and always in excellent training. Great care is given to this because of the liability to race conflict. Still, there is not the very general attention given to it that there was in ante-bellum days, when, under the act of 1837, there were fifty-four regiments, while there are now but three under the name Mississippi National Guard actually main- tained by the state. The last report of the adjutant-general (1889) gives a roster of seven- teen hundred men of infantry, artillery and cavalry, in three regiments and two battalions, who meet in annual encampment. The permanent camp-grounds are at Fort Henry near Pass Christian. The general headquarters are at Jackson, and the division headquarters at Biloxi, Joseph R. Davis, major-general commanding. The northern division, Brig .- Gen. J. S. Billups, headquarters at Columbus, with First infantry regiment, Col. R. M. Levy, center- ing at West Point, and the second, Col. C. L. Lincoln, at Columbus. The First cadet bat- talion (infantry), Maj. W. N. Hardee, headquarters at Agricultural and Mechanical college. Jackson is the rendezvous of the Third regiment, southern division, Col. George S. Green, and Biloxi of the First artillery, lieutenant-colonel commanding, E. W. Morrill. Other detached companies are the Gillsburg Rifles, Raleigh Rescues and Prairie Rifles (Okalona).

MEMOIRS OF MISSISSIPPI.

The Mississippi state penitentiary's red brick walls may be seen on an elevation in Jack- son, nearly enclosing the third square north of the executive mansion. It has been nearly fifty-six years since this institution was established, the act passed being approved February 26, 1836, and directing its location within two miles of Jackson with an appropriation of $75,000 to secure its erection. By its last report it now has within its walls fifty white males, three hundred and ninety-eight black males and twenty-four black females, a total of four hundred and seventy-two prisoners on December 4, 1889. During that year one hundred and sev- enteen had been discharged, fifty-one had escaped, twenty-five had been pardoned, nineteen had died, three were returned for new trial, and three hundred and ninety had been let out to contractors. In charge of these, under the board of control, are these paid officers: general manager, physician, bookkeeper, chaplain, two camp sergeants, a farm sergeant, a traveling sergeant, a wall sergeant, two gate men, two night watchmen and eight wall guards. That year showed at the close a net income of $26,278.56, which shows the institution in an excel- lent financial condition, the board of control then consisting of J. F. Sessions, Walter McLaurin and J.C. Kyle. Measures are on foot to relocate the prison on a prison farm. The superinten- dent in 1887 was W. L. Doss and the general manager M. L. Jenkins. In its policy the reformatory and humane principles now so insisted upon have placed it in line with the best managed institutions elsewhere. Its career before the war was marked more by a character of punishment, before the more humane, and possibly ultra-sentimental, teachings of later days had begun. The convict-lease system has been greatly abused at times, but public senti- ment has reacted against it. The labor of the convicts was used in building the Gulf-Ship Island railway to a large degree, and their use at the discretion of the governing powers in reconstruction days was a source of public dissatisfaction. This institution, like every other, suffered greatly during the war. The practice of leasing labor out through the state has found many opponents. As an illustration of the extent to which this subleasing system has been carried, take the situation in 1885, when about seven hundred convicts were sub- leased in as many as twelve different sections of the state in "camps," and on various kinds of labor. Many improvements were made during that year, however, some of which were a return to the policy of ante-bellum days when a cottonmill was in operation. It is probable that the new movement for the penitentiary farm will secure the abandonment of outside leasing.

The first institution anything like an asylum was the Natchez hospital, incorporated January 18, 1805, and made a state institution. Vicksburg hospital received state aid in 1846. In 1848, March 4, an act was approved establishing an asylum for the insane at Jackson. This was not completed until 1854, however, and now embraces a property worth about $500,000, and located about two miles north of Jackson. At the beginning of 1889 there were one hundred and ninety-one male and two hundred and fifty female, a total of four hundred and forty-one inmates. During the year one hundred and twenty-five more were admitted, making five hundred and sixty-six. There were fifty-one discharged recov- ered, eleven improved, eight unimproved, two not insane, one escaped and thirty-three died, leaving four hundred and fifty-nine at the beginning of 1890. The large proportion of women is noticeable. The total admissions since 1854, however, equalizes the sexes, there having been thirteen hundred and eighty-seven males and thirteen hundred and two females received, a total of two thousand six hundred and eighty-nine. To show the work of the institution during its career, note still farther: Of two thousand six hundred and eighty-nine received, five hundred and five males and four hundred and sixty-one females have been dis- charged recovered, a total of nine hundred and sixty-six; one hundred and sixty were improved, two hundred and twelve remained stationary, seventy-six eloped, thirty proved not

BIOGRAPHICAL AND HISTORICAL

insane; four hundred and nineteen males and three hundred and sixty-seven females, a total of seven hundred and eighty-six, died. It is interesting to note that five of the present inmates were among those admitted the first year, 1855. The disbursements for'1889 were $57,143.18, and its farm products reached $12,797.55. This institution is under the control of a board of trustees, those of 1889 being J. B. Harris, D. P. Porter, P. Fairly, James Tripp and Marcellus Green. The able superintendent is Dr. Thomas J. Mitchell.

The demands on the Jackson institution led to an act in 1882 for the founding of the East Mississippi insane asylum, which was secured by Meridian, the city donating five hun- dred and fifty-six acres to it. This institution was completed in 1884, and by January, 1890, had received three hundred and sixty-one males and two hundred and eighty-four females, a total of six hundred and forty-five patients, nineteen per cent. of which were epileptics. Out of one hundred and thirty-eight deaths since the beginning one-third were from epilepsy. In 1889, beginning with two hundred and fourteen, there were one hundred admitted, twenty- three were discharged recovered, fourteen improved, two unimproved, two not insane, two eloped and twenty-two died, due largely to an epidemic of dysentery and typhoid fever; and two hundred and forty-nine remained at the close of the year. The board of trustees in 1889 were Gov. Robert Lowry, W. F. Brown, S. B. Watts, George S. Covert, H. M. Street and John Stinson. Dr. C. A. Rice was the superintendent, under whom the institution was organized and so ably conducted. The present incumbent of that office is Dr. J. W. Buchanan, whose management is preserving the well-known excellence of this younger of the state's two excellent means of caring for the most unfortunate and heavily afflicted of her people.

The institution for the instruction of the blind was established in 1848, and is now in new quarters-a handsome structure at the north end of State street, Jackson, completed in 1882 at a cost of over $40,000. It is a well-known fact that the number of blind are always far less than the number of insane and less than the number of deaf. In 1883 there were fifteen male and nineteen female pupils, a total of thirty-four; in 1889 there were thirty- nine. It undertakes literary, musical instruction and certain forms of suitable manual train- ing for both sexes, such as the manufacture of chairs, brooms, etc. The board of trustees in 1889 were C. H. Manship, H. H. Hines, J. A. Kausler, James R. Yerger and E. M. Parker. For many years Dr. W. S. Langley was superintendent, but on his death his daughter, Miss M. M. Langley, succeeded him, and Dr. P. Fairly, the present incumbent, became her suc- cessor at her death. He has a faculty of five teachers.

The Mississippi institution for the education of the deaf and dumb greets the eye of the passer-by on North State street, Jackson, as one of the most beautiful grounds in the state. An act of 1854 founded the institution, and up to 1861, when the buildings were destroyed, it grew prosperously. The state secured the admission of pupils to the Louisiana institute for a few months. Prof. A. K. Martin was superintendent at this time. It was reorganized in 1871 under Dr. J. L. Carter with about fifteen pupils, and in October, 1877, he was suc- ceeded by Mr. Charles H. Talbot, at which time there were about forty-five pupils. In 1881, when the present superintendent, Prof. J. R. Dobyns, assumed the duties of that office, and with marked ability, there were fifty-four pupils. In 1882 several marked advances were made, among them the teaching of articulation, printing, carpentry and cabinet-work, and the establishment of a colored branch about one and a half miles in the country, where farm- ing is taught to pupils of both races also. The total enrollment is now eighty-five and the school is in high favor with people and law-makers. The value of buildings and grounds is estimated at $75,000, and in 1888 the average cost per capita was but $141.17. The trustees

MEMOIRS OF MISSISSIPPI.

in 1889 were Rev. John Hunter, D.D., D. N. Barrows, S. S. Carter, H. M. Taylor and Judge S. S. Calhoon. A force of several able instructors are employed.

The state library, in its tasteful alcoves opening into the rotunda of the capitol, is said to be "the second in value of its kind in the Union, the Massachusetts library only outrank- ing it."* By this is meant, as a legal reference library. This condition is largely due to the efforts of a woman, Mrs. Mary Morancy, the first woman to hold a state office in Mississippi, although she was elected by proxy, during the period she held office, namely, fourteen years. The library was established by an act of February 15, 1838, with the leading state officers as trustees. The institution improved up to the war, when it suffered serious injury, and only began to be rehabilitated in 1876 under Mrs. Morancy's care. As an illustration of its pro- gressive management the latest report, 1888-9, states that for that period two hundred volumes were added by purchase and six hundred and two by exchange, making a total of eight hundred and two volumes added in two years. Its list of its own laws, journals and reports, and the laws and reports of other states are remarkably complete. The state libra- rian is also keeper of the capitol. The present incumbent is Miss Rosa Lee Tucker, of Okalona.

This library may be called a part of the memory of the state. Here the state recalls her acts and the names of her servants. Let her call over the names of some of the leading lives of her public servants.

The congressmen of Mississippi have been generally her pride. In the senate, from December, 1817, to March, 1821, was Walter Leake, who resigned, to become a guberna- torial candidate, and was succeeded by David Holmes, who served by reelection to March, 1825, when he resigned. Thomas H. Williams served from December, 1817, to March 3, 1821. Powhatan Ellis was appointed to succeed Mr. Holmes, and served by election until March 3, 1832, when he resigned, and was succeeded by John Black, appointed, who, by elec- tion, served to March, 1838. He resigned, and James F. Trotter was appointed to serve until March, 1839. Thomas B. Reed served from December, 1826, until his death, in Novem- ber, 1829, when Robert H. Adams was elected to his place, but died in July, 1830. George Poindexter was then elected, and served to March 3, 1835, when Robert J. Walker was elected, and by reelection served to March, 1845. In January, 1839, John Henderson began a full six-year term, and was succeeded, March 4, 1845, by Jesse Speight, who died May 3, 1847, and, by appointment, was replaced by Jefferson Davis. Mr. Davis resigned in the fall of 1851, but in 1857 was reelected, and on January 12, 1861, with all this state's congressmen, withdrew. John J. McRae served by appointment from 1851 to March, 1852, and Stephen Adams served by election to March, 1857. The other senator in January, 1847, was Henry S. Foote, whose term of service extended to January, 1852, when Walker Brookes' electiou followed, and covered the period between the months of March, 1852 and 1853. Here Albert G. Brown's service began, that euded by his withdrawal with Mr. Davis. It was not until April 11, 1870, that the next senator took his seat-Adelbert Ames, who was succeeded by Henry R. Pease, the latter serving from February, 1874, to March 3, 1875, when the term of Blanche K. Bruce, colored, began, covering the period to March, 1881. In February, 1870, the first colored senator, Hiram R. Revels, was elected, but was succeeded in 1871 by James L. Alcorn, whose service extended to March 3, 1877. Lucius Q. C. Lamar succeeded him, and served by reelection until March, 1885, when, by appointment, election and reelection, Edward C. Walthall entered a service whose present term will terminate March 3, 1895. In 1881 James Z. George succeeded Mr. Bruce, the colored senator, and by election and reëlec- tion, is holding a term at present which closes in 1893.

*New York World, 1891.

BIOGRAPHICAL AND HISTORICAL

In the house of representatives, George Poindexter heads the list, from December, 1817, to March 3, 1819. Christopher Rankin then served until his death, at Washington, in May, 1826, when his successor's election followed. This was William Haile, who, by reelection, served until his resignation in 1828, when Gen. Thomas Hinds succeeded him, in a term covering the time to 1831. His successor, Franklin E. Plummer, served from 1831 to 1835. A second representative was elected in 1833-Harry Cage, his term ending in 1835. Dr. David Dickson and John F. H. Claiborne were elected in 1835, but the former died in July, 1836, and his term was filled by Samuel J. Gholson, and he, with Mr. Claiborne, on their return' to the twenty-fifth congress, found their seats contested by Sargent S. Prentiss and Thomas J. Word, whereupon the house decided that neither was entitled to the seats, Jan- uary 31, 1838. A new election returned Messrs. Prentiss and Word, who served to 1839. Albert G. Brown and Jacob Thompson succeeded them in November, 1839, the former serv- ing to 1841, declining reelection, and again serving from 1848 to 1851, and the latter serving continuously to 1851. The interval between 1841 and 1848 above mentioned was covered by Dr. William M. Gwin, to 1843, declining reelection, and Robert W. Roberts to March 3, 1847; two other representatives, William H. Hammet and Tilghman M. Tucker, in Novem- ber, 1843, serving to 1845. Jefferson Davis was elected in November, 1845, but resigned in May, 1846, to take command of his regiment, and Henry T. Ellett succeeded him, serving to 1847, and declining reelection. Patrick W. Tompkins and Winfield S. Featherston were elected in November, 1847, the former serving to 1849 and declining reelection, and the latter to 1851, in which year the service of William McWillie, the successor of Mr. Featherston, closed. In 1851 John D. Freeman and Benjamin D. Nabors were elected, and served two years. In 1853 were elected Daniel B. Wright, Otho R. Singleton, William S. Barry and Wiley P. Harris, the last three serving to 1855, and the first to 1857; Mr. Singleton, not declining reelection like the last two, was defeated by William A. Lake, but reelected in 1857, and served by reelection until the withdrawal in 1861. In 1855 ex-Gov. John A. Quitman and Henly S. Bennett were chosen, the former's service closing in 1857, and the death of the latter breaking his second term on July 17, 1858. John J. McRae was chosen to com- plete the unexpired term, and served by reelection to the withdawal of January 12, 1861. Reuben Davis and Lucius Q. C. Lamar were elected in 1857, and withdrew, the former in 1861, and the latter on December 20, 1860, to become a candidate for the state secession convention from his county. When representation began again after the war, those chosen in 1870 were George C. McKee, Jason Niles, L. W. Perce, Henry W. Barry and George E. Harris, all serving to 1873, except General McKee and Mr. Barry, who continued to 1875. In 1871 the service of Albert R. Howe, John R. Lynch (colored) and Joseph L. Morphis began, and closed in 1875. In 1873 L. Q. C. Lamar was elected, and served to his election to the senate in 1877. At the great revolution in 1875, he and Mr. Lynch, the colored repre- sentative, were the only ones reelected. Hernando D. Money, Charles E. Hooker, G. Wiley Wells and Otho R. Singleton were elected at this date, Mr. Singleton serving by reelection to 1887, Mr. Wells to 1877, Colonel Hooker to 1883, and again to his present term, and Mr. Money to 1885. Mr. Lynch served in the forty-fourth congress, and also from 1882 to 1883, unseating James R. Chalmers. In 1877 Van H. Manning, James R. Chalmers and Henry L. Muldrow were elected. Mr. Manning served until unseated by James R. Chalmers, June 25, 1884, Mr. Chalmers until unseated by Mr. Lynch, April 29, 1882, and Mr. Muldrow by reelection until 1885. In 1882 Ethelbert Barksdale, Henry S. Van Eaton and Elza Jeffords were elected, the first two serving to 1887, and the last to 1885. In 1884 were chosen Thomas C. Catchings, James B. Morgan, John M. Allen and Frederick G. Barry. Mr.

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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 5

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