USA > Mississippi > Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II > Part 78
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The following statistics, taken from the twelfth U. S. census for 1900, relate to farms, manufactures and population : Number of farms 2,043, acreage in farms 80,362, acres improved 61,115, value of land exclusive of buildings $2,222,100, value of buildings $463,- 300, value of live stock $416,466, value of products not fed to stock $1,356,880. Number of manufacturing establishments 44, capital invested $156,041, wages paid $12,959, cost of materials $45,586, total value of products $115,021. The population in 1900 consisted of whites 1,549, colored 10,729, total 12,178, increase over 1890, 3,796. The total assessed valuation of real and personal property in Sharkey county in 1905 was $1,613,889 and in 1906 it was $1,750,- 517 which shows an increase of $136,628 during the year.
Sharkey, William Lewis, Chief Justice of Mississippi from 1832 to 1850, was born near the Mussel Shoals of the Holston river on the East Tennessee path from the Atlantic coast to the Natchez in the year 1797, at a period when the demand was being made upon the Spanish government for the surrender of Mississippi to the United States. He was of Irish ancestry, from which he inherited the characteristic wit and fortitude. His father, Patrick Sharkey, a native of Ireland immigrated to America with his brother Michael, who afterwards held the rank of captain under Washing- ton. After the Revolution, Patrick Sharkey sought the Indian border along the Holston. He married the daughter of a German frontiersman, who bore him three sons: William Lewis, Jacob Rhodes and James Elliott. William early developed great strength of character. Born amid the wild splendor of nature, his life par- took of the environments of his birth, commingling the quiet majes- ty of the river with the loftiness of the rugged mountains. In 1803 the Sharkey family migrated to the famed Natchez country and set- tled on a little farm, in what is at present Warren county, near the now extinct town of Warrenton, the first county seat. While yet a lad, William offered his service to the army, and participated in the battle of New Orleans. His parents, unable to stand the con- ditions of a new country, having died, quite early the boy was forced to provide for himself and orphaned brothers. By his own exertions he was enabled to attend college at Greenville, Tenn., and later to read law at Lebanon. Having a decided taste for the profession of law he continued its study under Judge Edward Turner at Natchez. In 1822 he was admitted to the bar and opened an office at Warrenton in 1825. When the county seat was moved from that place to Vicksburg he located there and formed a partnership with John I. Guion. His education was not scholastic in the full meaning of the term, but possessing great native intellect and being an unwearying student his progress to fame was rapid, and he was soon recognized as the ablest lawyer at the Vicksburg bar.
His first public office was that of a member of the legislature, 1828-29, when he was an influential member of the judiciary com- mittee ; he was afterwards elected circuit judge. In 1832 the second constitutional convention was held in Mississippi; the constitution adopted in 1817, in many respects, needed revision. One of the pro-
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visions of the new constitution was the establishment of @ High Court of Errors and Appeals, the three judges to be elected by the people for a term of six years each, one of whom was to be Chief Justice. Judge Sharkey, though strongly opposed to an elective judiciary, claiming that the supreme judgeship should be above the whims and caprices of the people, was chosen one of the three members of the High Court of Errors and Appeals. In that posi- tion he sternly opposed the popular policy of repudiation of the Union Bank Bonds. At the Convention of the anti-repudiation party at Jackson June, 1843, he would have been nominated for governor had it not been for an appeal from S. S. Prentiss, who de- clared that Judge Sharkey could not be spared from the bench at such a time. He was associated during his first term on the supreme bench with Judges D. W. Wright and Cotesworth Pinck- ney Smith. These three being the first judges elected to this position by the sovereign vote of the people. Judge Sharkey's associates chose him for Chief Justice, which exalted office he filled for four successive terms.
In 1849 a discussion of slavery agitated the minds of the people. Should slavery be allowed in the newly acquired territory on the Pacific, was the question of the hour. At a convention held in Jackson, Miss., in October, 1849, a call was issued for a convention of the Southern States to meet at Nashville, Tenn. in June of the following year. Judge Sharkey was chosen president of this con- vention. The distinguished jurist believed that he saw in the situ- ation a question of equity between the States of the Union and stood by his convictions with a fine courage and commendable zeal. Referring to his attitude upon this occasion Foote says : "He evinced a mingled courage and wisdom that tended much to calm the excitement of that body and commanded the respect of all true lovers of their country."
The political career of Judge Sharkey is a subject of great inter- est, and one which has in the past elicited much comment, favorable and adverse. Some have lauded him highly as a jurist and excori- ated him as a politician. In political faith he was an Old Line Whig, strictly adhering to its doctrine. As an accepted adherent of this party he was proffered a position in the cabinet of President Taylor in 1848, but declined the honor, preferring to remain on the supreme bench of Mississippi. He was a close personal friend of Henry Clay and warmly advocated the political principles of the Great Pacificator. He was one of that distinguished coterie of Whigs in Mississippi, of whom S. S. Prentiss, William Yerger, and Alexander K. McClung were prominent leaders.
Oct. 1, 1850, Judge Sharkey resigned his office as Chief Justice and returned to the practice of law, locating for that purpose at Jackson. It has been said that he was moved to this step by pecuniary embarrassment growing out of the insufficient salaries at that time allowed the judiciary of the State. After retiring from the bench, he built a home on the plot of ground, now known as Poindexter Park, in the western portion of Jackson; and there in
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the society of his amiable wife, and cultured and brilliant adopted daughter, Fannie (later the wife of Col. Charles E. Hooker), he spent the leisure and restful moments of his long and eventful career. He was not, however, permitted to remain in the seclusion of home enjoyments more than a few brief days at a time, but was constantly called to public service. It was about this time that he was invited by President Fillmore to serve as Consul to Havana and adjust complications which had grown out of filibustering ex- peditions; but, finding that the emoluments of the position had been exaggerated he resigned and resumed his practice. "In the critical year of 1850," says Foote, "he visited Washington City and was able to make many valuable suggestions to individual congress- men that tended to pacify the rising storm of sectional strife." He was at this time tendered by President Fillmore the office of sec- retary of war which he promptly declined, alleging his inexperience in such a public function, and leaving the capital hurriedly to avoid solicitation. In 1858 he exerted his powerful influence to prevent the adoption by the State of the policy of the Vicksburg Conven- tion in favor of the re-opening of the African slave trade. He had long before construed the constitution of 1832 as absolutely pro- hibiting the importation of negro slaves into Mississippi as mer- chandise.
Thus, though not aggressive in an obnoxious sense of the term, we find him always a fearless thinker, who refused to enslave him- self to public opinion. He was a man of decided personality and so attracted men and inspired them with confidence, that, in hours of necessity when a strong man was wanted they chose him with- out thought of his private opinion or political bias. In a character sketch of him Rowland says: "In personal appearance Judge Sharkey was a man of commanding and distinguished presence, with great personal dignity and sincerity of manner, and with the look of conscious power upon him. His career as a Judge was marked by great common sense, sound judgment and a profound sense of justice. Though not what we call learned in the science of the law, his knowledge of it was extensive; his mental equipment was intensely legal, and he was quick to grasp the facts and apply the law. On the bench he was patient, kind and attentive, and in the discharge of all public duties was fearless, conscientious and faithful."
In 1854, under an act of the legislature William L. Sharkey, William L. Harris and Henry T. Ellett were appointed to revise, digest and codify the laws of the State. The work was completed and presented to the legislature in 1856; was adopted by that and a succeeding session and printed in 1857. In the matter of seces- sion Judge Sharkey was a Unionist, and, though his loyalty to his State and section was never questioned he remained true to his conviction as long as he lived. Of his position upon the question of slavery Foote sympathetically says: "His known devotion to the Union and aversion to uncalled for civil strife exposed him to no little discomfort and harassment during the late, most deplorable
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sectional conflict ; but those lofty attributes of character which ali knew him to possess, and his patient and dignified conduct through- out that trying period caused him to be loved and respected by all virtuous and well-intending citizens far more than he had ever been before, and when the clash of arms had at last ceased to be heard in the land, and the people of Mississippi were seeking to be reconciled to the government against which they had been arrayed, and to be readmitted into that sisterhood of States from which they had for a time severed their connection, it was under the coun- sel and leadership of this venerable and trusted personage that those desirable objects were ultimately obtained."
In 1865 Gov. Clark appointed William L. Sharkey and William Yerger commissioners of the State to go to Washington to propose a method of reconstruction. After they had accepted the North Carolina plan, Judge Sharkey was appointed by President John- son provisional governor of the State. Johnson and Sharkey were both from the State of Tennessee, a circumstance which worked greatly in the latter's favor. Governor Sharkey's commission, however, was complicated and his position perplexing. His office was partly civic and partly military. Gen. Osterhaus, commander of the Department of Mississippi, was to cooperate with him in re- storing and maintaining order in the State. Gov. Sharkey was to receive a salary of $3,000 to be paid by the United States govern- ment, which he refused, saying that he would look to his people for compensation for his services. He came in conflict with the military authorities the first week of his incumbency, and the Jackson Daily News wished to know who was the Governor, Sharkey, Slocum or Osterhaus. The people of the State stood solidly with Governor Sharkey, and aided him in the performance of his duties to the extent of their ability. He issued a call for a constitutional convention to make the constitution of Mississippi accord with the existing constitution of the United States as the President had outlined. The Convention was held, and was har- monious and orderly. Governor Sharkey and James L. Alcorn were chosen United States Senators; but congress repudiated President Johnson's plan of reconstruction and the senators-elect from Mississippi, along with those of the other Southern States, were refused seats in the Senate. Gov. Sharkey accepted this de- feat of his patriotic efforts with his usual dignity, and quietly resumed his practice at Jackson. He died in Washington City March 30. 1873. His remains were brought to Jackson and allowed to rest in state in the rotunda of the old Capitol for the last honors of a sorrowing people. He was buried in Greenwood Cemetery of Jackson and there were present at his funeral many distinguished men from all parts of the State. The resolutions of the supreme court, adopted Mav 19. 1873, referred to his life as one "made honorable and distinguished by great public service, which con- ferred enduring public benefit," and recalled his integrity, firmness and independence ; the mingled dignity and courtesy of his bear- ing on the bench; the simplicity, decorum and purity of his priv-
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ate life; his steadfast devotion to constitutional liberty and his pure and elevated patriotism.
The memorial in Morris' State Cases classes Sharkey among the great lawyers who have been the authors of the best precedents and continues, "Their acts are the precedents themselves, which grow brighter with receding years; and to them the advocate of the oppressed shall turn in ages to come and find encouragement and strength in the struggle for the right. It is upon such founda- tion that must forever rest the pure fame of a Hardwicke and a Mansfield. And upon it, with still more commanding consequence to those respectively concerned, must rest the claims of such men as John Marshall and William L. Sharkey."
Sharkey's Administration. William L. Sharkey was appointed provisional governor of Mississippi, by proclamation of President Andrew Johnson, as commander-in-chief of the army, following the deposition of General Clark, who had been elected governor during the Confederate States period. He was notified of his ap- pointment June 13, 1865, and on July 1 issued a proclamation to his "fellow citizens of the State of Mississippi."
"The President of the United States, by virtue of the power vested in him by the Constitution of the United States, has been pleased to appoint the undersigned Provisional Governor of the State of Mississippi, 'for the purpose of enabling the loyal people of said State to organize a State Government, whereby justice may be established, domestic tranquillity insured, and loyal citizens pro- tected in all their rights of life, liberty and property.' And, to accomplish that object, has directed me, 'at the earliest practicable period, to prescribe such rules and regulations as may be necessary and proper for convening a Convention of Delegates, to be chosen by that portion of the people of said State who are loyal to the United States, and no others, for the purpose of altering and amending the Constitution thereof,' so that the State may be able to resume its place in the Union. And being anxious to carry out the wishes of the President, and to restore the dominion of civil government as speedily as possible, I do hereby ordain and declare as follows."
To avoid delay the governor directed the county and municipal judges and other officials in office May 22 to resume their duties, reserving the right to remove any one not loyal to the United States government, and requiring each one to take the amnesty oath. There were several classes of people, mainly those of high office under the Confederacy, who were excepted from amnesty except by special pardon by the president. These were excluded from office, until pardoned, as many were through the recom- mendation of the governor. This prompt county reorganization was essential to the holding of an election for a constitutional con- vention, set in this proclamation for August 7, the convention to meet August 14. For the suppression of lawlessness the people were exhorted to cooperate with the commanding general, who had put his troops at the service of the governor. Citizens in re-
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mote counties were urged to organize themselves into a county patrol for the apprehension of offenders.
The main part of the proclamation was given to consideration of the objections of some to taking the amnesty oath, which pledged them to observe the emancipation proclamation of 1863. The objection that that measure was not constitutional, said Judge Sharkey, "certainly cannot be raised with propriety by such as denied that they were subject to the Constitution of the United States as the supreme law, when the proclamation was issued. Whether it be constitutional or not, is a question which the peo- ple have no right to determine. The determination of that ques- tion rests with the supreme judicial department of the government. This [emancipation] proclamation must be regarded as valid until the Supreme court shall decide otherwise. When it does so decide, parties will be absolved from the obligation of the oath. Perhaps, however, parties who believe the proclamation void are over-sanguine in the correctness of their opinions. There is a general principle in the law of nations which authorizes one bel- ligerent party to do towards his neighbor whatever will strengthen himself and weaken his enemy, limited of course by the laws of humanity. Some writers of high authority hold that legitimate power in war, towards an enemy, is co-extensive with necessity. Even the desolating of a country and the burning of towns and villages are held to be justifiable acts in certain cases. Whether these principles be broad enough to cover the taking of slaves, as they certainly are with regard to other property, is not for me to determine, and I mention them only to show to those who enter- tain this opinion that perhaps it does not rest on as solid a foun- dation as they imagine it does. The people of the Southern States were in rebellion; the president of the United States had a right to prescribe terms of amnesty ; he has done so, and it is hoped the people will all cheerfully take his oath with a fixed purpose to observe it in good faith. Why should they now hesitate or doubt, since slavery has ceased to be a practical question? It was the ostensible cause of the war; it was staked upon the issue of the war, and that issue has been decided against us. It is the part of wisdom and of honor to submit without a murmur. The negroes are free, free by the fortunes of war-free by the proclamation- free by common consent-free practically as well as theoretically, and it is too late to raise technical questions as to the means by which they became so. Besides it would be bad policy now to undertake to change their condition if we could do so. It would be nothing less than an effort to establish slavery where it does not exist. Therefore let us cordially unite our efforts to organize our State government so that we may by wise legislation prepare ourselves to live in prosperity and happiness in the changed con- dition of our domestic relations. The people of the South have just passed through a most terrible and disastrous revolution, in which they have signally failed to accomplish their purpose. Perhaps their success would have proved to be the greatest calam-
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ity that could have befallen the country, and the greatest calamity to the cause of civil liberty throughout the world. The true pa- triot finds his greatest enjoyment in the noble and pleasing reflec- tion that his government is to live with an honored name, to shed its blessings on millions through future centuries. And as good governments are things of growth, improved by the lights of ex- perience and often by revolutions, let us hope-sad and disastrous as this revolution has been-that the lessons it has taught will not be destitute of value. The business of improving our government, if it should be found to need it, and of promoting reconciliation between the Northern and Southern people, are now prominent duties before us, so that we may hereafter live in the more secure and perfect enjoyment of the great patrimony left us by our fathers, and so that those who are to come after us may long enjoy in their fullest functions the inestimable blessing of civil liberty, the best birthright and noblest inheritance of mankind."
The governor made some necessary appointments to office, in- cluding James R. Yerger as secretary of state, and John H. Echols as state treasurer.
As governor under military commission Governor Sharkey had broad powers. He levied a tax on stores, taverns, gaming tables, restaurants, peddlers, brokers, banking establishments, and $10 on every bale of cotton sent to market, to provide a fund for the maintenance of his government. When various persons refused to pay this tax, he ordered the amount doubled as a penalty and collected by levy and public auction. (Garner.) The receipts during his administration from all sources were $152,814; expen- ditures $68,942. (House Journal, 1865, p. 105.) But at the time of the meeting of the constitutional convention there was no money in the State treasury, and the penitentiary and lunatic asylum were in part supported by the United States.
While the regular judicial system was in abeyance, he revised the replevin laws, empowering two justices of the peace to issue the writ, and by edict created a new court, the Special Court of Equity (See Judiciary) to determine the disputes about cotton contracts.
It must be borne in mind that he exercised these powers under the military authority, the president of the United States not hav- ing revoked the proclamation of 1862 instituting martial law, and declaring Mississippi in insurrection. Maj .- Gen. P. J. Osterhaus was commander of the department of Mississippi, and the chief authority, under the president, from the beginning of Sharkey's administration until he was superseded by Maj .- Gen. W. H. Slo- cum, June 23, with headquarters at Vicksburg. The State was divided into five districts, under subordinate generals, and the military, in great part colored soldiers, were used for the main- tenance of order. Above the provisional governor and the courts he might institute, was the military authority.
In the constitutional convention of August Judge William Yer- ger said, in illustrating the actual condition: "A few weeks ago,
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a citizen of the State of Mississippi was arrested in Washington county, and brought to Vicksburg, charged with having killed a negro. Judge Sharkey, provisional governor of the State, issued a writ of habeas corpus against the officer having him in charge. The officer refused to surrender him; he did more-he arrested the judge who issued the writ, for doing so. An appeal was made to the president of the United States, and the response was that the government of the State at present is provisional only; that the arms of the United States cannot be withdrawn-military law could not cease, until the State of Mississippi established a form of government restoring her to the Federal Union, in a manner approved by Congress."
In another case where white citizens had assaulted negro Un- ion soldiers, it was ruled that "the rebellion, though physically crushed, has not been officially announced or created either directly or indirectly as a thing of the past," and the offenders were prop- erly punished by martial law. Gen. Slocum was directly ordered by Secretary Stanton to put under arrest any judge who should issue a writ of habeas corpus against the authority of the Freed- men's Bureau or military courts. (See Const. Conv. of 1865.)
When Governor Sharkey instituted a volunteer militia, however, he was sustained by President Johnson, against Gen. Slocum. The governor took this step because, he said, bands of robbers and plunderers infested the State, the soldiers were insufficient to re- press disorder, and the use of negro soldiers did more harm than good. As an instance of the condition of affairs he said that for twelve or thirteen consecutive nights the passengers on the stage coach between Jackson and Vicksburg had been robbed by high- waymen. (See Militia.)
Without discussing constitutional questions, the situation was as if Mississippi were a Territory preparing for admission to the United States, the people of the whole country watched the reor- ganization of Mississippi, as Mississippi had watched the organ- ization of the States of California and Kansas. Gov. Sharkey's proclamation was pleasing everywhere, except that there was some criticism of his wholesale restoration of civil officials. The presi- dent suggested caution, and the governor responded with assur- ances that he was avoiding the appoinment of secessionists, and that every official was required to take the amnesty oath.
President Johnson suggested to the August convention that, to avoid future trouble, a qualified suffrage should be extended to the negroes (see Const. Conv. of 1865) but this advice was ignored. It was not the wish of the majority of the white citizens to yield the right of suffrage at this time. While prepared to recognize the freedom of the negroes and to accord them a large measure of civil rights, they naturally viewed with profound alarm the "new. unaccustomed, unpracticed, and wholly unrestrained liberty of so vast a laboring, landless, homeless class," and felt that certain re- straints should be placed on the negroes for the protection of society until they should develop some capacity for the exercise of
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