CHAPTER XIII.

Political Events-Legislature of 1841-Character of Members.

After a stormy, laborious, and somewhat eventful session, the House adjourned sine die on the 9th of January, 1841. Since their assembling, on the first Monday in November, quite a political revolution had occurred, by the election of Gen. Harrison, of Ohio, and ex-Governor Tyler, of Virginia, to the two first offices within the gift of the people, over Mr. Van. Buren and Col. R. M. Johnson, and the attainment of power by the Whig party in the Executive and Legislative departments of the Federal Government. After this storm in the political elements there was a calm; public anxiety, in the meantime, was very manifest, while awaiting the inauguration of the President elect, and the announcement of his policy, on the 4th of March, 1841. Every opportunity and pretext for holding or regaining power was employed by the respective parties, or at least speculations to this effect were freely indulged.

Thus matters stood when Gen. Harrison was installed into the Presidential office. In his opinion, the state of the country required an early session of Congress, and he soon issued his proclamation convening that body on the 31st of May. This created the necessity for an extra session of the Alabama Legislature, to enact a law providing for the election of Representatives to Congress before the regular time of election in August following. Gov. Bagby accordingly issued his proclamation, convening the Legislature on the 19th of April, to take the necessary steps for securing to the State the services of a delegation at the extra session of Congress. The Legislature met, and passed a law authorizing an election for Representatives in two months thereafter, under the General Ticket system which had been adopted in 1840. The old political fires were soon rekindled into a flame. The Whigs knew that they were in a minority in the State, and felt that they had been unkindly treated by abolishing the district system, under which they had succeeded in electing two, and sometimes three members of Congress-while the Democratic majority entertained the belief that the State could best exercise its Sovereignty by an expressien of the will of the whole people. The canvass was animated, and the newspaper controversy was

bitter in support of the respective parties. When the votes were all cast up, however, the following was the result:

Counting the difference between the highest Democratic vote, and the highest Whig vote, as above given, the Democratic majority was 6,161, out of the entire vote of 41,817 polled in the State. At least one-third of the people who voted for President in 1840, failed to vote at this special election for Congress, which is shown by the fact that out of 62,462, the total vote in 1840, Mr. Van Buren received 33,991, and Gen. Harrison received 28,471, giving a Democratic majority of 5,520.

Before noticing the action of the Legislature at the session of 1841, it is perhaps necessary to state, that a Convention of the Democratic party was held at the Capitol, in December, 1840, for the purpose of organizing under its defeat in the Presidential election in other States. In the course of business, a candidate for Governor was to be nominated. Several gentlemen of distinguished ability had been mentioned in connection with the office. The Convention sat two days, 21st and 22d of December. Among the names proposed for nomination on the first evening, were those of Col. W. W. Payne, H. W. Ellis, Esq., Major Jesse Beene, Dr. David Moore, and Col. - Walker. A letter from John Erwin, Esq., was received, withdrawing his name from the consideration of his friends. On the next evening letters were received from Major Beene and Mr. Ellis, withdrawing their names likewise. The countics represented in the Convention were then called for votes, when it was announced by the President that Col. Benjamin Fitzpatrick had received 84, Col. Payne 29, and Dr. Moore 11. The former gentleman was thereupon declared duly nominated as the Democratic candidate for Governor at the next election.

As Mr. Ellis had been a conspicuous and efficient actor in political affairs, and as his death closed too soon for his country, for his family, and for his many friends, it is proper that his character should be briefly noticed.

HARVEY W. ELLIS was a native of Kentucky, where he received a good education. He came to Alabama at an early day, and settled in Tuskaloosa, where he engaged in the practice of the law. His mind was thoroughly cultivated and well balanced, and his character settled. He was a Democrat, and a leading man

of his party in Middle and West-Alabama. Repeatedly elected to the Legislature, he took a leading part in its proceedings, and was prominent in the Conventions of his party. In 1838, and again in 1839 he was the Democratic candidate for Congress in opposition to Gen. George W. Crabb, and, in both contests, maintained fully upon the stump his high reputation as a debater, and though defeated, he established an influence at once commanding, and fully recognized, which would have been crowned with higher honors by the public, in due time, had he lived a few years longer. For several years his health had declined. In the Summer of 1842, it was thought advisable for him to travel, and he visited his native Kentucky. Failing to realize the benefit to his health which his friends had hoped and expected, he started home in the Fall of that year, but died before he reached Tuskaloosa. His remains were brought on and interred where he had lived many years, and had honorably discharged the duties of a good citizen, a profound lawyer, and able advocate.

In person Mr. Ellis was spare, erect, and dignified in his address. Without much attention to the superfluities of social intercourse, he was solid, quiet, and thoughtful. In speaking, he was calm, argumentative, and self-possessed, and rarely indulged in anecdotes. He married Miss Catharine Kornegay, a niece of Col. William R. King, who, in 1844, accompanied her uncle, upon his appointment, by Mr. Tyler, as Minister to France, where she presided in the drawing-room, at official receptions in Paris, with an ease and elegance which reflected credit upon herself, and upon the ladies of Alabama, in whose society she had moved.

Although prominence has been given, under another head, to his character and administration, a few additional particulars, in the course of the narrative, are here furnished in relation to Col. Fitzpatrick, on the threshold of his public life. He had been prominently before the people sometime before 1840. Upon the election of Gov. Clay to the Senate of the United States, at the extra session, June 30, 1837, provision had to be made by the party for a Democratic candidate to succeed him in the Executive, by election, on the first Monday in August, only one month ahead. There was not time for a Convention, and hence a caucus of the Democratic members of the Legislature was resorted to, to make the nomination. In the caucus, the claims of Mr. Speaker Bagby and Col. Fitzpatrick were urged, when the former succeeded by a few votes only. This demonstration in his favor brought Col. Fitzpatrick favorably before the people, and at the Convention of 1839 he was placed at the head of the Democratic Electoral Ticket for the State at large. In the Presidential canvass he was active and efficient, addressing large mass meetings in different parts

of the State, all of which conspired, with other elements of character, to make his name formidable in the Convention of 1840. Indeed, the tide of popular favor was so manifest that no other name was seriously considered for the nomination. He arrived at Tuskaloosa, during the called session in April, 1841, on his way to North-Alabama, which he canvassed extensively and earnestly, with great effect. Col. James W. McClung, who had been Speaker of the House for many sessions-a Whig, but moderate in tone, and withal of such commanding abilities that he seldom failed of an election for a seat in the Legislature-was his opponent. The tide of Whig strength flowed in 1840; and while the leaders of that party went into the canvass of 1841 with every desire, not only to hold the ground they had gained the year before, but to advance to further conquests, the result of the August election was disastrous to that party. Col. Fitzpatrick was elected Governor, the vote returned to the Legislature being, for Fitzpatrick, 27,974; for McClung, 21,219 votes. Showing a Democratic majority of 6,755, out of an aggregate vote of 49,193. Both branches of the Legislature were largely Democratic, but the Whigs had the gratification of witnessing the repeal of the General Ticket system at the ballot-box, on an issue of approval or disapproval. Considering the importance which had been attached to the measure, in its political consequences, the result was no small victory to the Whigs.

As an event of much interest at the time, it may be mentioned here, that in March and April, 1841, an extensive scheme to practice frauds upon the State Bank and Branches, by means of fictitious bills of exchange, to which the recommendations of members of the Legislature had been obtained under various acts and pretenses, was discovered, and for a time was the sensation. Indeed, the public mind was not only exercised, but amazed, at the apprehended extent of this scheme, and the injury it came near inflicting upon the pockets of the people; for just to the extent that these "bank frauds," as they were called, succeeded, just so far was the public credit affected and the people liable to taxation. But like most schemes conceived upon a stupendous plan of dishonest plundering, it was discovered in time to prevent much mischief. Many parties were arrested, and prosecutions instituted against them, and for sometime the occasional reference to bank frauds and robbers, was sounded in different portions of the State; but I am not aware that any legal punishments were inflicted. A number of men who stood high in society, and some who occupied place were prostrated by it. Some of these moved West, and others drooped at home from the contact. Then the occasion passed away, and was lost sight of in a few years in the midst of other events; and it is only alluded to here as an occurrence quasi

political, inasmuch as the banks were public property, but without identifying either party or any individual with it.

The Legislature met on the first Monday in November, 1841. The attendance of members was good, and while many gentlemen held over, or were reëlected, as members of the last Senate, and have been more particularly noticed in a preceding chapter, there was an addition of several new Senators, who increased the stock of character and talent already there. Among the number, several may be specially mentioned:

Arthur Foster, of Cherokee;

John S. Hunter, of Lowndes, who has already been noticed as a member of the House the preceding year;

Milton McClanahan, of Morgan;
Walker Keith Baylor, of Jefferson;
Walter R. Ross, of Wilcox, and
Daniel B. Turner, of Madison.

These, together with the members holding over and reëlected, constituted the Senate, a very respectable body for character and ability:

Nathaniel Terry, of Limestone, was unanimously elected President of the Senate. For Secretary, there were three candidates, and the votes stood: For B. A. Philpot, 15; Johnson J. Hooper, 4; David Woodruff, 9. Major George B. Clithnall was elected Assistant Secretary, and C. Donoho, Door-Keeper.

In the House many changes had occurred, and new members took the place of old ones, who had long occupied seats. Among the leading men in the work of legislation may be mentioned: John Steele, of Autauga;

John L. Hunter and Hugh L. Crawford, of Barbour;

Thomas A. Walker and John Cochran, of Benton;

Walter H. Crenshaw, of Butler;

Charles McLemore and Matthew Phillips, of Chambers;

Lorenzo James, of Clarke;

William L. Yancey, of Coosa;

William O. Winston, of DeKalb;

Felix G. Norman, of Franklin;

Elisha Young and Solomon McAlpin, of Greene;

Tandy W. Walker, of Lawrence;

David Moore, Jeremiah Clemens, and George T. Jones, of Madison

;

John B. Hogan, Blanton McAlpin, and Isaac H. Erwin, of Mobile:

Charles E. B. Strode, of Morgan;

Robert J. Ware and Joseph J. Hutchinson, of Montgomery; John Barron and A. Q. Bradley, of Perry;

Norman McLeod, of Pike;