USA > Mississippi > Encyclopedia of Mississippi History Comprising Sketches of Counties, Towns, Events, Institutions and Persons, Vol. II > Part 8
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71 | Part 72 | Part 73 | Part 74 | Part 75 | Part 76 | Part 77 | Part 78 | Part 79 | Part 80 | Part 81 | Part 82 | Part 83 | Part 84 | Part 85 | Part 86 | Part 87 | Part 88 | Part 89 | Part 90 | Part 91 | Part 92 | Part 93 | Part 94 | Part 95 | Part 96 | Part 97 | Part 98 | Part 99 | Part 100 | Part 101 | Part 102 | Part 103 | Part 104 | Part 105 | Part 106 | Part 107 | Part 108 | Part 109 | Part 110 | Part 111 | Part 112 | Part 113 | Part 114 | Part 115 | Part 116 | Part 117 | Part 118 | Part 119 | Part 120 | Part 121 | Part 122 | Part 123 | Part 124
Digitized by Google
74
MISSISSIPPI
against secession, and throughout the Confederate period he re- fused to recognize the change of government or accept Confeder- ate money. At his death Aug. 21, 1865, his grandchildren, at his request, held the old flag over his bed, that it might be his last vision. Col. LeFlore was married three times and left two daugh- ters and a son, Greenwood, who removed to Indian Territory.
Leggett, a postoffice in the central part of Pike county, 8 miles due east of Magnolia, the county seat, and nearest railroad town.
Leggo, a postoffice of Yalobusha county, 10 miles west of Water- valley, the nearest railroad town. It is noted on account of its famous mineral well, which is visited by many people annually to partake of the waters. There is an excellent hotel here for the accommodation of guests.
Legislature, State, 1817-33. The constitution of 1817 provided for a "General Assembly" composed of a senate and a house. To be eligible to election as a senator one must be a citizen of the United States, an inhabitant of Mississippi four years, and of his district one year; age, at least 26 years; property, 300 acres of land, or an interest in real estate of the value of $1,000. For rep- resentative the property and State residence requirements were modified by half. Each county should have at least one repre- sentative. The number should be between the limits of 24 and 36, apportioned according to the number of free white inhabitants. The senators should be apportioned to districts on the same basis, and their number should be one-fourth to one-third of the repre- sentatives. The first senators elected should draw lots for a divi- sion into three classes, to serve one, two or three years. There- after one-third would be elected every year, the term of all being three years. Representatives were to be elected annually. If any city or town had the population adopted at any time as the basis of apportionment of representatives, it should be given separate representation from the county.
The first election was set for September, 1817, the general As- sembly to meet at Natchez on the first Monday of October, and the schedule adopted with the constitution made a temporary ap- portionment of members. Accordingly, the following 1st Gen- eral Assembly of the State of Mississippi was elected: Senate .- Warren and Claiborne, Daniel Burnet; Adams, Henry Postle- thwait ; Jefferson, Hezekiah J. Balch ; Wilkinson, Duncan Stewart, resigned, Joseph Johnson; Amite, David Lea; Franklin and Pike, David Dickson, resigned, Nathaniel Wells; Lawrence, Marion and Hancock, Charles Stovall; Greene, Wayne and Jackson, Josiah Skinner. House .- Warren, Jacob Hyland; Claiborne. Thomas Barnes, Henry G. Johnston ; Jefferson, Benjamin M. Bullen, re- signed, Cowles Mead, Edward Duggan; Adams, Philander Smith, Joseph Sessions, Edward Turner, Charles B. Green; Franklin, Joseph Winn; Wilkinson, Thomas M. Gildart, Abram M. Scott; John Joor; Amite, David Davis, Hardy Coward, Angus Wilkinson ; Pike, Elbert Burton, David Cleveland; Lawrence, Harman Runnels ; Marion, George H. Dixon; Hancock, Noel Jourdan; Greene,
Digitized by Google
75
MISSISSIPPI
George B. Dameron; Wayne, William Patton; Jackson, Archibald McManis. This legislature convened at Washington, Oct. 6, 1817, and organized by electing Thomas Barnes speaker, Peter A. VanDorn clerk, and John Lowrey doorkeeper. Duncan Stew- art, who had been elected both senator and lieutenant-governor, was made president pro tempore of the senate; the veteran sec- retary of the Territorial council, Felix Hughes, secretary and Duncan Roberts doorkeeper. When he had qualified, next day, the lieutenant-governor was president of the senate, with a voice and vote in committee of the whole and a vote in case of tie on any occasion.
In forming the house committees, Turner, Green and Runnels were entrusted with the organization of the judicial system; Ses- sions, Nixon and Joor with the militia; Smith, Joor, Nixon, Dam- eron and Johnston with the finances.
The two houses elected Walter Leake and Thomas H. Williams United States senators, Oct. 9, and on the same day adjourned, on account of the yellow fever. They met again at Natchez Dec. 8, at a house of Edward Turner, lately occupied by Manuel Texada, and Cowles Mead was make speaker pro tem. of the house, and Abram Defrance sergeant at arms of both houses.
By act of this legislature future sessions were to convene on the first Monday of January, every year, at Natchez. The annual general elections were to be on the first Monday and Tuesday of August. A census was ordered to be taken as a basis of appor- tionment of representatives.
At the session of January, 1821, Felix Hughes resigned the of- fice of secretary of the senate, and a resolution was passed acknowledging his service for 15 years, to both council and sen- ate, with "distinguished merit." At this session the time of meet- ing was changed to the first Monday of November, and there was another session, therefore, in that year.
The sessions of November, 1821, and June, 1822, were at Colum- bia; of December, 1822, and thereafter in January, at Jackson. In 1830 the session was changed back to November. By the ap- portionment of 1822, there were 32 representatives, one of them being from the city of Natchez. The membership of the senate was increased to 11 in 1826.
The lieutenant-governors, presidents of the senate, were Dun- can Stewart, 1817-18-19; James Patton, 1820-21 : David Dickson, 1822-23; Gerard C. Brandon, 1823-24-25; Thomas Freeland, pro tem., Jan. 2, 1826; Gerard C. Brandon, Jan. 6, 1826; Abram M. Scott, pro tem., 1827; William Dowsing, pro tem., 1828; Abram M. Scott, 1828-31.
Thomas Barnes was speaker of the house in 1817-18; Edward Turner, 1820; Beverly R. Grayson, January, 1821; G. C. Brandon, 1822; Cowles Mead, November, 1821-December. 1825; Isaac R. Nicholson, 1826-27; Charles B. Green, 1828: William L. Sharkey, 1829 ; Joseph Dunbar, Jan., 1830; M. F. DeGraffenreid, Nov. 1830- 31. (John L. Irwin, pro tem.) There was no session in 1832.
26
MISSISSIPPI
Legislature, Territorial. The legislative body in Mississippi territory at the organization was composed of the governor and three judges, all appointed by the president of the United States. (See Ordinance of 1787.) Upon petition of one party of the inhab- itants, dissatisfied with Governor Sargent, congress extended the right of a general assembly to the territory in 1800, although the qualified voters were probably less than a fourth as numerous as required by the ordinance. It was also proposed, during consid- eration of the measure, to modify the governor's power to veto and prorogue, but the act as passed did not make such changes. A bill was passed by a strict party vote in the lower house of con- gress, the Republicans having a small majority, was amended by the senate, and finally became a law May 10, 1800.
It provided that so much of the ordinance of 1787 "as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall forthwith operate, and be in force in the Mississippi territory ; Provided, That until the number of free male inhabitants, of full age, in the said Territory, shall amount to five thousand, there shall not be returned to the general assembly more than nine representatives," of which Adams and Pickering counties should each choose four and the Tensas and Tombigbee settlements one. The first election was to be on the fourth Mon- day of July, 1800, under the control of the governor, and all sub- sequent elections should be regulated by the legislature; the rep- resentatives to be convened by the governor at Natchez, on the fourth Monday of September, 1800; the general assembly to meet at least once a year on the first Monday of December, unless they shall by law appoint a different day ; provided, that the governor shall have power, on extraordinary occasions, to convene the gen- eral assembly. That neither house, during a session, should have power, without the consent of the other, to adjourn for more than three days, nor to any other place than that in which the two houses should be sitting. The election was duly called and held. whereupon the governor announced that the return of the sheriff of Pickering county showed the election of Cato West, Thomas M. Green, John Burnet and Thomas Calvit: and they were asked to convene at the appointed time at Natchez. The Adams county return, as the governor viewed it, showed the election of only two members, "though Messrs. Sutton Bankes, Abner L. Duncan, William Conner and William Dunbar have their names inserted in the return (some of them with a considerable plurality of votes) and are in consequence invited to assemble also." On account of this, and the failure of an election in Washington, the governor advised the house to proceed with caution. Sept. 22 he adminis- tered the oath to Cato West, Thomas M. Green, John Burnet, Thomas Calvit, Henry Hunter and James Hoggatt, (the latter two from Adams). After investigation they seated Anthony Hutchins and Sutton Bankes, whom the sheriff did not return as elected. The ordinance required that a representative should have been a citizen of one of the United States three years and a
Digitized by Google
77
MISSISSIPPI
resident in the district, or should have resided in the district three years, and, in either case, be the owner of two hundred acres of land.
The messenger to Washington county lost his horse in going through the Indian country, and did not arrive in time. An elec- tion was held August 16, but Judges Lewis and Bruin gave an opinion that this was not legal, and the representative thus chosen, John McGrew, was not seated. Joseph Thompson was elected in 1801. William Dunbar refused to contest the election in Adams county, as invited to by the governor, probably because, as the latter said, he had never been a citizen of the United States before 1798, "and our district was not of three years' standing."
The house was organized by the election of Col. Henry Hunter as speaker (Peter Walker was appointed clerk), and after settling its membership, made the nominations of ten men, out of which the president should select five to compose the council or upper house. These were promptly forwarded by the governor, who thought it "a duty to observe that there seems an unnecessary as well as general lack of the attributes which the very name im- plies as essential to the office-an evident intention to exclude men of sense and letters-melancholy considerations indeed." But he made an exception of Messrs. Ellis and Bingaman, as men of wealth and worthy members of society.
As if in reply to this letter, it was said in the reply of the house to the public address of the governor, the reply being delayed until Anthony Hutchins was seated, and written by him:
"With candor we acknowledge that men of much superior talent and discernment this country could produce to compose the house, but that any can have the interest and welfare of the community more at heart we deny. Our fortunes, and what is still more dear-our wives and children call upon us to discharge the sacred trust reposed in us with probity and honor. That the characters of some of those who are now become members of this house have been grossly misrepresented to the general govern- ment heretofore, cannot we believe be denied and that they will now have the opportunity of proving the injustice of the accusa- tions is their greatest satisfaction."
It seems that at this session of the house of representatives con- gress was memorialized to change the time of meeting of the gen- eral assembly. On acount of delay in appointments of the council, there was no session as provided by the ordinance, in De- cember, 1800. The commissions did not arrive until the early part of April, 1801, when it appeared that the members selected were Adam Bingaman, John Ellis, John Stampley, Alexander Montgomery and John Flood McGrew, the latter from the Tom- bigbee. Before calling the assembly, Secretary Steele sought in- formation from the secretary of state in regard to what change had been made in the sessions, if any, and this he assigned as the reason for delay in calling a special session when, on May 6th, he was brought a letter of inquiry from Speaker Hunter, by Messrs.
Digitized by Google
78
MISSISSIPPI
Hutchins and West. Gov. Sargent had departed for the east in April. On May 26 the secretary proclaimed the first session of the first general assembly, to convene July 28. Governor Clai- borne wrote from Nashville: "They continued in session (as I am advised) about five weeks, but transacted little business, and what they did is left incomplete for want of the Governor's sanc- tion, Col. Steele being too much indisposed to attend to his official duties." (See Steele's Administration.)
The council had been in session six weeks, August 27, when they asked Steele's advice about the non-appearance of Mr. Bingaman in all that time. The Secretary advised them to ask Mr. Binga- man. Presumably that gentleman did not accept the appointment. John Ellis was president of the council at this session and con- tinued in that honor until a new council was chosen, five years later. Probably also, he signed some acts. However, one may take the regular session convened Dec. 1, 1801, as the first effective popular legislative body. Gov. Claiborne delivered an address to both houses and received responses of hearty welcome. He wrote to the secretary of State that from brief acquaintance with the assembly: "I hazard the opinion that it is composed of honest men, much attached to the United States, and devoted to the in- terests of this territory." At this session, also, Henry Hunter was speaker of the house.
In the following January Governor Claiborne wrote to the sec- retary of state: "The legislature of the territory continues in session, but will probably adjourn in a few days. With love of country and honesty of intention this body is amply supplied, but there is deficiency in legislative information and experience, which occasion much embarrassment, and will, it appears, be attended with some public injury."
In February, 1802, David Lattimore was commissioned a mem- ber of the council in place of Adam Bingaman.
In July there was an election of representatives, after an excit- ing campaign, and some of the most prominent friends of ex-Gov- ernor Sargent were chosen. The members elect were: Adams district : William Dunbar, William Connor, James Hoggatt, (Name of fourth member does not appear in journal of 1803.) Jefferson district : Thomas Calvitt, John Girault, Roger Dixon, Cato West, who resigned to become secretary and was replaced by John Brooks. Washington district : Nicholas Perkins, the attorney-general of that district.
At the regular session in December, 1802. Roger Dixon was speaker of the house; John Ellis, president of the council. Wm. Gordon Forman appears to have been speaker in January. The governor wrote in March, 1803: "On the 12th instant the legisla- ture adjourned, to meet again in October next." An act had been passed to change the session from December to October.
The journals are preserved in the Mississippi archives, of the second session of the second general assembly, begun Oct. 3, 1803. the house journal in writing, and council journal, as printed at
Digitized by Google
79
MISSISSIPPI
Natchez by Andrew Marschalk. John Ellis was president of the council, William Connor, speaker of the house. Gov. Claiborne ad- dressed both houses, nine gentlemen in all being present, in the "representatives' chamber," and dwell with satisfaction upon the solution of the Mississippi river troubles and the cession of Louis- iana. He again urged encouragement of the militia, communicat- ing a letter from President Jefferson on the subject, and suggested providing a special superior court for Washington county and the inspection of cotton in the district. The session, which was marked by considerable disagreement between the two houses, closed Nov. 19.
No record is available of the representatives elected in 1804, for the 3d general assembly, except that in Adams district, John Steele, Lyman Harding, Philander Smith and Ferdinand L. Clai- borne were elected over Richard Butler, George Poindexter, Adam Tooly and Henry Hunter, the vote being 224 to 189, for the high- est. John Shaw was a member from Jefferson district, and Col. Caller represented Washington county. Smith and Steele served as speaker.
The 3d general assembly, meeting for the first time Dec. 3, 1804, the attempt to change the time of session evidently having failed, was called upon to elect a delegate to congress to succeed Dr. William Lattimore. A joint session was held for this purpose Jan. 3, and the vote was as follows: William Gordon Forman, 4 votes ; William Lattimore, 5; Cato West, 5. This remained the vote for 6 ballots, and a 7th ballot was ordered, but while the members were scattered about, the speaker declared the house of repre- sentatives adjourned, and when the council attempted to resume balloting, the house objected and proceeded with regular busi- ness. Such was the record of the council on the subject. It does not appear that another attempt was made at election. Another episode of interest was the calling to account of Lyman Harding, one of the representatives, for leaving in the council chamber a burlesque bill, entitled "An act for the furtherance of justice." The speaker of the house was requested "to take such measures as will do justice to the injured and insulted feelings of the mem- bers of the council." Harding protested he meant nothing more than "inoffensive merriment." The house passed a resolution that for the encouragement of industry and the promotion of economy the members of the general assembly should at future sessions wear clothing of "the homespun manufacture of the Territory." The session adjourned March 8, 1805.
The administration of Robert Williams, (q. v.) which began soon afterward. was marked by a stubborn conflict between the governor and the general assembly, apparently caused by politi- cal differences within the Jeffersonian party.
A new council was commissioned in 1806, from the nominees of the session of 1804-05, as follows: Col. Daniel Burnet, Lemuel Henry (of Washington county), Thomas Hinds, Maj. Joseph Sessions and Col. Joshua Baker, who was chosen president. Gov.
Digitized by Google
80
MISSISSIPPI
Williams declared that the people were greatly dissatisfied with this council.
Jefferson district elected representatives in July, 1806, as fol- lows: George W. Humphreys, Samuel Bridges, William Snod- grass, Thomas Fitzpatrick. The Adams county Republican cau- cus nominated Col. John Ellis, Alexander Montgomery, George Poindexter and Col. Henry Hunter, and they were probably all elected. Col. Ellis was elected speaker.
Hunter and Humphreys resigned in 1807, Poindexter also re- signed, and Bridges died. Cowles Mead, Micajah Davis, Stephen Bullock and Samuel Cook were elected at special elections, which were very close, showing a strong support of the governor. This Fourth general assembly, council and house both, were dis- solved by the governor March 1, 1808, and an election ordered for representatives. This fell under the new law of Congress, Jan. 9, 1808, providing an apportionment by the legislature and an in- crease to twelve members. The assembly, before dissolution, or- dered a census of the Territory, and apportioned the representa- tives as follows: Claiborne 2, Jefferson 2, Adams 4, Wilkinson 2, Washington 2. After a great debate at a special session in Sep- tember, the newly elected house voted as follows on the motion of Mr. Bullock to nominate a new council: Aye, Ferdinand L. Claiborne, speaker; Stephen Bullock, John Caller, Samuel Cook, Henry D. Downs, Lemuel Henry. William Snodgrass, Philander Smith ; No, Henry Cassels, Henry Hunter, Cowles Mead, William B. Shields. But Claiborne and two others were counted against the governor in making the nominations, which was done in a strictly partisan way. The council appointed from these nomi- nations was composed of, Daniel Burnet, James Lea, John Flood McGrew, Alexander Montgomery, and Thomas Calvit. Burnet was chosen president. The Fifth general assembly, thus consti- tuted, was dissolved by Gov. Williams upon his resignation March 3, 1809.
The nominations of the house in July, 1809, special session, for the council, were as follows: Adams county: Alexander Mont- gomery, William B. Shields ; Jefferson : Jonathan D. Wilds, David McCaleb ; Claiborne: David Burnet, Thomas Barnes; Washing- ton : William Buford, Joseph Carson ; Amite : Lewis. Perkins ; Wil- kinson : Joseph Roberts. President Madison appointed Mont- gomery, McCaleb, Barnes, Carson and Roberts, who were notified Sept. 30.
Joseph Roberts resigned, November, 1810. Edward Ward was appointed to fill the vacancy, but declined. James Titus, of Madi- son county, was appointed in 1812. and Nathaniel Ware in 1813, to fill vacancies. The council of 1809. with these changes, con- tinued the regular five years. The appointments in 1814 were : Thomas Barnes, Joseph Carson, Beverly R. Grayson, Howell W. Runnels, James Titus. By an act of congress, Oct. 15. 1814. the appointment of four more members was authorized. The repre- sentatives nominated Cato West, Robert Cocks. F. L. Claiborne,
Digitized by Google
81
MISSISSIPPI
Daniel Williams, David Williams, David Files, Robert Beaty, David Cobb.
The journal of the session of November, 1816, notes the follow- ing councilors present : James Titus, president; Howell W. Run- nels, Beverly R. Grayson, Cato West and Joseph Carson. Also the following appeared and took their seats by appointment under the act of 1814: Joseph Taylor, Thomas Torrance and David Will- iams. Cato West had been appointed to succeed Thomas Barnes, resigned. Robert Beaty, appointed in 1815, was also a member of this session of the council. Ferdinand L. Claiborne was ap- pointed (1815) but died about this time.
James Titus, of Madison county, was the only member of the council whose residence was within the limits of Alabama terri- tory in 1817 (Wheeler, History of Alabama), and during the en- tire first session of the general assembly of that Territory at St. Stephens, he sat as the legislative council and considered and passed or disagreed with the acts of the lower house, which was composed of the old Mississippi representatives from Washington, Madison, Monroe, (and Montgomery), Mobile and Clarke coun- ties.
Alexander Montgomery was president of the council, 1809-13; Thomas Barnes, November, 1814, 1815; and James Titus, Novem- ber. 1816.
At the session of the general assembly in November, 1809, under the administration of Governor Holmes, William Snodgrass was speaker of the house. It seems to have required a special act of congress, in 1810, to give Madison county (Huntsville) a repre- sentative.
The first session of the Seventh general assembly began Nov. 4, 1811, with the following members of the house present: Adams county : Samuel Postlethwait, Philander Smith, Philip Hoggatt, Joseph Bowman, Cowles Mead and Joseph Sessions. Jefferson county : Daniel Beasley, H. J. Balch. Claiborne: Allan Barnes. Warren: Edward Turner. Franklin: George W. McConnell. Amite: Lewis Perkins, John Lowry. Wayne: James Patton. Washington: James Caller, William McGrew. Madison: Gabriel Moore, Peter Perkins, Hugh McVay. Cowles Mead was elected speaker; Thomas B. Reed, secretary; John Lowry, doorkeeper ; Abram DeFrance, sergeant at arms of both houses. Members later appearing were Joseph P. Kennedy, from east of Pearl river, and Tanner.
Barnes, of Claiborne, died in 1812.
The first session of the Eighth general assembly was postponed to December, 1813, on account of the Creek war, which busied some of the members and the governor. The membership of the house was as follows: Madison : Gabriel Moore. Hugh McVay, James McCartney ; Franklin : Bailey E. Chaney ; Wilkinson : Dun- can Stewart, John B. Posey; Amite: Christopher Rankin, Henry Hanna ; Marion and Hancock: Harmon Runnels; Washington : Samuel Smith; Clarke: Reuben Saffold; Warren: Henry D. 6-II
Digitized by Google
82
MISSISSIPPI
Downs; Claiborne : Daniel Burnet, Ralph Regan; Jefferson : Heze- kiah J. Balch, John Burch; Adams: David Greenleaf, Philip Hog- gatt, Samuel Montgomery, Joseph Sessions; William B. Shields, John Taylor; Baldwin: Benjamin Baldwin; Greene and Wayne: James Patton; Hinds, Snodgrass. William Briscoe was elected to the second section in 1814, in place of Regan, resigned. Mobile and Jackson counties were represented in the second session, by William Crawford, which was the first appearance of Mobile in the territorial legislature. Daniel Burnet was elected speaker, and Beverly G. Grayson clerk, the latter being succeeded by Derrick Peterson in the second session.
The Ninth general assembly, meeting in November, 1815, had the following opening attendance in the house: Madison : Gabriel Moore, Hugh McVay, William H. Winston; Claiborne: William Briscoe, James Wood; Jefferson : Joseph Dunbar, John Hopkins ; Warren: Henry D. Downs; Adams: William D. Baker, Anthony Campbell, George Newman, Nathan Swayze, Edward Turner, James C. Wilkins; Franklin: John Shaw; Wilkinson: Gerard C. Brandon; Amite: Henry Hanna, Jesse Winborne; Marion, Law- rence and Hancock: John Bond, jr .; Clarke: Reuben Saffold ; Washington : Josiah D. Lister ; Wayne and Greene: Josiah Watts. Henry Hanna was elected speaker and Derrick Peterson clerk. This session considered a resolution requesting the governor to accept a house in Natchez for the meeting of the next legislature, but finally postponed it.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.