Vintage

(continuation from Chapter Four)

EARLY NORTHERN ALABAMA

(while part of the Mississippi Territory)

From Recollections of Mississippi and Mississippians

 By Reuben Davis 1889

Note*(Names have been capitalized by the transcriber to assist the reader)

Chapter Five

I NOW settled down in Russellville, and there began the practice of medicine. My first patients were the young men of my own age, who were, I suppose, willing to risk their lives in the cause of friendship, and who were probably too ignorant of the deadly nature of the treatment then in use to be aware how great the risk realty was. Calomel and laudanum, drastic purgatives, blisters and starvation, was the rule, and it is no wonder that few survived to tell the tale. During the summer and fall my practice steadily increased. For this I was largely indebted to DRS. GRAY and HOLLAND who were the leading physicians of the place, and widely known throughout that whole country for skill and experience. Both these gentlemen treated me most generously, giving me the benefit of their advice and instruction, and recommending me to the public as well-informed in the principles of medicine, and prudent in practice.

It was in the fall of that year, 1828, that pneumonia prevailed as an epidemic, and the mortality was frightful. GRAY and HOLLAND not only controlled the practice, but dictated the treatment to practitioners of less note. I was perfectly familiar with the system of treatment observed by these two eminent men, and being called in by a MR. HARALL to attend his son, I adopted the usual remedies. In less than two days I was convinced that my patient grew worse with every dose I administered. He was rapidly approaching the verge of death, when a little negro girl belonging to MR. HARALL was taken ill, and she also was put under my care. I saw in a few hours that her malady was taking the same fatal course which had so alarmed me in the case of her young master. In this extremity I insisted that DR. GRAY should be called in. He came, and after examination said the treatment was his own, and continued to follow it. In three days the girl died, and the boy was scarcely alive. This was frightful, and I resolved to take a bold step. In the meanwhile still another boy had been stricken down, and my first prescription had been equally unfortunate. I felt certain that the whole theory of depletion was wrong, and that all the symptoms of the disease indicated a tonic treatment. It was necessary to act quickly, so I went to the father and said, " MR. HARALL, I have killed your little negro, and if you hope to save your boys, you had better dismiss both DR. GRAY and me at once." He was astonished, and asked if he should send for DR. HOLLAND. I told him all the practice was the same, and his only safety was in dismissing all who followed it, and striking out on a new plan. I promised to come back as a friend and try the new treatment. We abandoned all purgatives except in alterative doses, and gave Peruvian bark and whiskey freely. This plan was suggested by the fact that all the victims of that disease craved stimulants. Both boys recovered. Soon after that time I removed to Fayette Court House, in Fayette County, Alabama. There I found the same epidemic of pneumonia, and was able to test the merit of the new system. Out of forty-nine cases, I had the good fortune not to lose one.

When I returned from Mississippi, I found little change in the population of Russellville, except that some of the youngsters, like myself, had grown into the cares and business of manhood. We were of the same generation, had enjoyed about the same opportunities, and had been formed by the same influences. Their fathers and mine had felled the first forests and opened the first fields. They owned few negroes, and it was the industry of the white man which enriched the country with abundant harvests of corn and cotton. The woods abounded with fine natural grasses, and great herds of cattle were fattened in them. There was also abundance of game; and as every boy owned and could use a shot-gun, we never lacked the best and most wholesome food.

Russellville was in a beautiful valley, and the lands were so fertile that immigration was invited, and the growth of population unusually rapid. Government soon offered these lands at public auction, and the average price per acre was about one hundred and twenty dollars. The speculator showed no mercy to the actual occupants. One third cash, and the residue in one and two years. These prices were so ruinous that Congress finally interfered. A law was passed remitting the second and third payments, and allowing the cash paid at first to be applied in full payment of the debt at a low rate fixed by law. In this way homes were secured to the people at reasonable rates.

There is a great valley extending from Huntsville west along the Tennessee River to the mouth of the Big Bear Creek, at its junction with the Tennessee. This whole valley seems to have been at one time a river bed, six or seven miles broad. On its south boundary there is a high, and, in some places, a rocky bank. From this bank to Russell's Valley there runs a plateau of poor lands, of so little value as to be scarcely populated. The valley on the Tennessee River is unsurpassed for beauty, being like the " garden of the Lord, well watered and fertile." Such favored spots of the earth are generally occupied by a superior population. From every old country there issues a band of its best and bravest, to seek for themselves new homes and a broader field of enterprise.

Almost always it is the young men of largest brain and most active energies who push out and secure for themselves the desirable portions of new countries. These adventurous spirits came in numbers from Virginia and Kentucky, and bought up the rich lands in the valley. Most of them were men of family and education, and many of them had what was then considered a great fortune. The settlers of Russell's Valley were of the same order of men, but had in proportion a smaller amount of property. It was soon understood that no part of the South could boast of better intellect or higher civilization than this section. Such men as KELLY, CLAY, HOPKINS, the MARTINS, COOPER, WALDRIDGE, and others would of themselves have given reputation to any country. They were giants in the land, and to see and hear them expanded my soul, and filled it with aspiration and ambition.

The first trial I ever heard in a court-house was held in Russellville during the summer of 1828. Though I have taken part in so many since that time, they have not effaced the smallest detail of this suit, which still remains like a vivid picture in my mind. It was a suit to recover damages for libel, brought by SMITH against DONALDSON. The parties resided near Florence, in Lauderdale County, Ala. SMITH was the son-in-law of JAMES JACKSON, a wealthy planter, who belonged to a family of considerable pretension. The charge was perjury. Family pride was outraged, and JACKSON would willingly have poured out blood like water to wash out the insult. SMITH, however, was a member of the Methodist Church, and professed a desire to use only lawful remedies. DONALDSON, on the other hand, was of the GENERAL ANDREW JACKSON stock, and was ready at any moment to vindicate, at his own peril, his family honor. He also was a planter, and possessed a large property. Damages were laid at one hundred thousand dollars. So numerous were the social, religious, and family ties of each party to the suit that the whole county was wrought up to the wildest excitement, and by common consent the venue was changed to Russellville. SMITH had employed as counsel HOPKINS and CLAY of Huntsville; and DONALDSON'S lawyers were KELLY, of Huntsville, and WILLIAM MARTIN, of Florence. The change of venue induced SMITH to employ WOOLDRIDGE, of Tuscumbia, and DONALDSON employed my brother, JAMES DAVIS, of Russellville. There were more than a hundred witnesses on each side. The case was called, and the defence plead not guilty and justifiable. These pleas were antagonistic. With the plea of not guilty, the burden of proof remained with the plaintiff. The opening and concluding argument was with him. The charge of perjury had been openly made. Being made, the plaintiff would stop, and thus force the defendant to proceed with his justification. There was too much ability with the attorneys for the defence not to perceive this blunder, and they exerted their utmost skill to relieve their client from the consequences. A motion to withdraw the plea of not guilty was made, and, after hot discussion, was allowed. This was a triumph, and the friends of the defendant shouted. DONALDSON opened with his testimony. He had the burden of proving the perjury. His witnesses were bold, and I think honest, because they never faltered or became confused. 

When the testimony for the defence closed, the plaintiff brought forward numerous witnesses to assail the character and veracity of the witnesses for defence. The attack was feeble, and particularly injudicious when it assailed the testimony of a young lady, a MISS OUTLAW, who stood high in the estimation of her neighbors. To attack a woman was in that community always a dangerous experiment, and woe to him who made such a venture and failed to sustain himself. When the testimony for the plaintiff was ended, MR. OUTLAW was put upon the stand to support his daughter. He was an old man, of stately presence, and a fine, benevolent face. The other side objected to his being allowed to appear, and this objection was sustained by the court. MR. OUTLAW rose, and looking sternly at the judge, said, "Sir, does this court deny me the right to vindicate my child ? Does a woman plead for justice before this bar, and meet only tyranny and oppression? God forbid! " The crowd broke into a perfect storm of sympathy and indignation. Yells, curses, even tears attested the fervor of their emotions. The court saw its danger, and hastily recalled MR. OUTLAW to the stand. Impressive as was his testimony, it was not needed. The work was already done.

WILLIAM MARTIN made the opening speech. Ah, but it was grand! It was the first jury speech I had ever heard, and my very soul was set on fire. I could understand what St. Paul meant when he said, " Whether in the body or out of it, I know not." I look back now with envy at my own sensations. To be young, to reverence, to be thrilled with awe and admiration, what does life hold that is comparable to that ?

CLAY followed for the plaintiff. It was Greek meeting Greek. WOOLDRIDGE and DAVIS bore themselves nobly, but the last great effort was reserved for HOPKINS and KELLY. They were grand. KELLY had the conclusion, and exhausted his wonderful powers of reason and oratory. On one point he was merciless. SMITH had declared that if damages were awarded him, he would endow the church with the whole sum, and this laid him open to a terrible attack. It was withering. It was evening when the argument closed, and the jury retired. I had gone back to my office, which was near the court-house, when I heard a great commotion, crowds thronging the street, and many voices shouting and exulting. The friends of DONALDSON were rejoicing over a verdict in his favor. SMITH was a disgraced man after that. A few moments after the verdict was rendered, KELLY and MARTIN came to my office, a servant following with various jugs and bottles. They requested me to go to my brother's and spend the night, as they wanted to use my office, and boys were better elsewhere. I afterwards heard that it was a night long to be remembered by the jovial crowd assembled there. Both MARTIN and KELLY excelled in song and anecdote, and on this occasion they surpassed themselves.

Many years after this, I took part in a case so similar that I am tempted to give it in this place. It was in the little town of Fulton, Itawamba County, Miss., that these events took place, in the year 1859. A MR. HEADEN had come there a .short time before with his widowed sister-in-law, and they had purchased a small hotel from MR. REUBEN WIGGLE. MR. WIGGLE was an honest man, and both he and his wife were beloved and respected by the whole community. Their tavern had been a popular one, and they had many patrons. WIGGLE owned another building in the village suitable for his purpose, and he opened a public house there. His old friends followed him with their custom, and HEADEN began to fear that his own house would be a failure.

At midnight, one dark night, some one chancing to pass the house occupied by WIGGLE discovered a fire kindled against the side of it, and gave the alarm in time to save the building. Everything pointed to the certainty that some incendiary had been at work. The whole population assembled next day at a called meeting for investigation. All the evidence was damaging to HEADEN and his sister, and they were invited to leave the country instantly, or abide prosecution. They wisely concluded that discretion was the better part of valor in that case, and departed, not standing upon the order of their going. They went to Kentucky, and lost no time in bringing suit against every responsible man who took part in the investigation convention. JUDGE SALE, JUDGE HOUSTON, and COLONEL DOWD, of Aberdeen, and GENERAL W. S. FEATHERSTON, of Holly Springs, were employed to bring the suit. The defence employed HON. JAMES T. HARRISON, of Columbus, and JUDGE HUGH R. MILLER, of Pontotoc. A stronger array of legal ability could not have been gathered in the State. Sale was profound in conception, powerful in argument, and copious in diction. HOUSTON was weighty and learned, penetrating in his investigation, and fully armed by careful preparation and stubborn resolution. DOWD, more versatile than his great compeers, had perhaps more quickness of resource and brighter repartee. FEATHERSTON had a large head, and great skill in method and arrangement. For JAMES T. HARRISON, what can I say ? He was my ideal of a man and a lawyer. Intimately associated with him for many years, my love and admiration never changed. He was the master of every branch of law, and a host in himself. MILLER was a good lawyer and accomplished gentleman, worthy of a place in that goodly company. It is a matter of just pride to every Mississippian that the annals of our State have been illustrated by so many men whose abilities and achievements would do honor to any country.

At the time these suits were brought, I was representing this district in Congress. The defendants had all been my friends for years. They proposed to employ me to aid in this defence, but I declined, upon the plea that other duties preoccupied my time and demanded my whole attention. That was in December, and, for some reason, the trial was postponed until the next term. This was the following June, at which time I was at home on vacation, and business called me to Pontotoc. I found much excitement there, and the deepest interest manifested by all classes of the people. The best citizens of the town were in peril of utter ruin.

They still urged that I should take part in the defence, and I consented to act with their counsel as a tribute of friendship, though my sense of duty made it impossible to accept a fee. HARRISON and MILLER were fully equal to the management of any case; but such assistance as I could give would be at their service heartily. The trial was set for the next day.

That night a number of the defendants met their lawyers in consultation. It was not a cheerful meeting. I inquired upon what grounds the defence was to be placed. The reply was, " We have none. These men are ruined." I replied that I could not believe the case so hopeless, and suggested that, instead of wasting the few precious hours that remained to us, we should retire to our own rooms, and study some plan of action. The case was called next day, and both sides announced themselves ready. Two days were consumed in getting the case to the jury, and during that time we had elicited several facts which I hoped might be worked to our advantage. Still the prospect was gloomy, and Egyptian darkness fell upon us during the magnificent opening speech made by JOHN B. SALE. I tried to rouse HARRISON even by taunts and reproaches, but so deep was his despondency that his great powers were for the moment paralyzed. After speaking about fifteen minutes, he broke down completely and took his seat. The case was so evidently lost that the defendants sent a confidential friend at a gallop to Fulton, with instructions to remove all personal property into Alabama without delay. DOWD followed HARRISON, and made a grand speech. He was positively exultant in word and manner, and never made a more splendid effort.

It was my place to follow DOWD, and I bided my time with great anxiety of mind, but stubbornly bent upon desperately pursuing the one chance open to us. I thought I could see our way even yet to a brilliant victory, feeling sure of our jury if we could get a certain hold upon them; but my great trouble was that HOUSTON would reply to me. I knew his power, and could estimate the tremendous force of his attack. I began by asserting that the investigating convention could not be called an unlawful assembly; that the Constitution authorized such assemblies for the redress of grievances, for the protection of citizens from perils too imminent to await the slow process of the law ; that these people had such grievance, an incendiary in their midst, putting in deadliest and most ghastly peril the life and property of every citizen. At this point I could see in the eyes of the jurymen a kindling flash, showing that I had struck the right chord. My enthusiasm increased, and I went on to portray as vividly as I could the fearful scenes of midnight conflagration by which these people had been threatened — men aroused from peaceful slumbers to see their wives and children fleeing half naked from the flames. When I closed, the excited emotion of both jury and audience assured me that my friends were safe. HOUSTON rose to the occasion, and made one of the most powerful speeches of his life, but it was in vain. The imaginations of the crowd had been set on fire, and no power could change their verdict. MILLER followed the line of argument I had marked out, and impressed it forcibly.

Court adjourned until next day. The defendants and their friends met me at the door, and seized upon me, saying, " We are safe now. Come on and taste our mint julep; we have got five gallons mixed already." What followed need not be recorded; but we were all ready when court opened the next morning.

JUDGE S. J. GHOLSON, of Aberdeen, charged the jury. He was just and liberal in his charge — dwelt strongly on the constitutional right to assemble for redress of grievance, and intimated that there was confession of guilt in the election of HEADEN to leave the country. The jury retired just at night, and next morning I heard HARRISON calling to me, " Clear verdict for defendants; come and drink to the jury." The defendants, lawyers, jurymen, and friends assembled; and if that was not a festive day, Pontotoc never saw one.