Butler County, Alabama - Chapter 20, 1885

Chapter 20

Although this distinguished jurist spent only last ten years of his life in this county, we feel that his prominence as a patriot, the high order of his talents, together with his sterling worth of character, entitle his name to a place in Butler's history.

He was born in Charleston, South Carolina, in the year 1808. Though he was debarred from the privilege of a collegiate education by the untimely death of his father, we find him trying his fortune in the world at a remarkably early age. His earliest experience displays the restless tendency of his disposition. When fourteen years of age, he found employment in a counting-house ; but, holding this position only about a year, he next entered the office of Dr. Thomas Legare, a distinguished practitioner of Charleston, where he earnestly improved the opportunities offered him in the study of medicine and the natural sciences. Still the yearning spirit of this ambitious youth was not satisfied. The burning words of eloquence, ably spoken by distinguished lawyers, touched in him a sympathetic chord, so that, in a few months, he is found engaged in the office of William Crafts, a leader at the bar, and a man of letters, where the young student applies himself.

Judge Benj. F. Porter

The following year he moved to Chesterville. Not meeting with the desired success in this place, he removed to Claiborne, Alabama, in December, 1829. During the first year of his stay in this county, Mr. Porter practiced medicine, but having gained some reputation by his eloquence and natural abilities as a lawyer in the voluntary defense of a criminal case, he was encouraged to resume his profession, and in 1832 was elected to the Legislature from Monroe, which county he represented for three successive sessions, being also Judge of the County Court in 1832.

In 1834 he was appointed by Judges Saffold, Lipscomb and Thornton, the three Justices, to fill the place of Mr. Stewart as reporter of the Supreme Court. He held this position five years, in the meantime representing Tuscaloosa County in the House for three sessions. During his term as reporter, he gained great distinction by the able manner in which he discharged the duties of that office. While in Tuscaloosa, Mr. Porter was elected a trustee of the University, and was also appointed its attorney. At his suggestion, the Chair of Law was established in that institution, and he was elected the first professor in this department. It has been intimated that Mr. Porter's incentive in adding this branch of instruction to the University, was the hope of thereby affording himself an opportunity, under very favorable circumstances, of preparing some valuable treatise on law - perhaps designed to be used as a text or reference-book - and had his plans met a favorable issue, we have no doubt but that his originality, his profound learning, the boldness of his conceptions, and the vivacity of his style, together with the general talents of no common order, would have produced a book to take high rank among the best of the day. Unfortunately, the professorship was to be supported by fees from students attending the department, and, not seeing a prospect for sufficient irnmediate remuneration to justify his attention, he resigned the position before entering upon its duties.

The session of 1839-40 was the last that Judge Porter served in the House from Tuscaloosa County; at that session he was elected Judge of the Tenth Judicial Circuit, and he then repaired to Mobile to assume the obligations of this office. The good people of this city were appreciative of his rare qualities and of his indefatigable efforts for the public good, and received him with marked civilities. Imbued with his wonted zeal, Judge Porter discharged the duties of this office with great energy for one term, clearing the docket of several thousand cases, and then resigned on account of a dispute which had arisen as to his eligibility to the position. His term of service in this office was very satisfactory.

Judge Porter was a membdr of the General Assembly in 1842, in 1845, ^^^ again in 1847. During his long term of service as member of the House from different counties, ranging from 1832 to 1847, J'Jdge Porter introduced a number of very important bills. He always had at heart the good of his country, and especially of his footer State, and he never allowed an opportunity of improving her condition to pass by. Indeed, he was one of those pioneers whose earnest labors, directed with intelligence, served to awaken our State from the sleep of ages, to redeem her from the hands of savages, and to ** carve an empire out of a wilderness."

Among the important measures whose paternity is credited to Judge Porter, is the one to substitute the penitentiary as a punishment, instead of the old way of whipping and branding, for crimes deserving less severe punishment than death. The penitentiary was first rejected by a popular vote, but was adopted in 1839, ^^^^ buildings were ordered to be erected at Wetumpka, and were ready for use in 1 841. He was author of a bill looking to the improvement of the public school system, and he published, in pamphlet form, an ingenious and logical line of argument to support this measure. We should state, while speaking of Judge Porter's legislative career, that he was an earnest and eloquent opponent of the death penalty, and used his efforts to have it stricken from the lav/s of Alabama. Some of his published speeches upon this subject are marked by much abiUty, learning and research, whatever may be said of the soundness of the views advocated.

In 1848 Judge Porter removed to Georgia, and settled at Cave Springs, which offered superior advantages in health and educational facilities. The romantic scenery and general surroundings of this place accorded well with his refined taste and aesthetic tendency, but he was soon induced by his friend and associate, Richard Yeadon, of Charleston, editor of 'the Courier, to make that city his future home. In 1850 he once more became a citizen of his native State, and began his work in Charleston as editor of the Charleston Nezvs. Although he was a man of decided literary propensities, his connection with the News was, for some reason, severed in less than a year. He continued to practice law while in Charleston, and, in several important cases, sustained his well-earned reputation as an advocate at the bar.

Mr. Porter had many warm friends among the abler men of Charleston, and they had hoped to rftain his citizenship; but he found it to his imerest to remove to DeKalb County, Alabama. He spent about two years in this county, where he practiced law, edited the WilVs Valley Post, and filled the responsible position of Superintendent of Education of the county and President of Will's Valley Railroad Company. He was SO zealous in his labors for the people's good, that he was but a short while out of the public service before he was nominated for State Senator, but was defeated in the election.

In i860 he removed to Greenville, Butler County. After the Republican party, under the Reconstruction Act of Congress, took charge of the government of Alabama, Judge Porter became a member of that party, and was appointed Judge of the Twelfth Judicial Circuit; and it was while discharging the duties of this office that he died at Greenville, in June, 1868. This change in politics was, perhaps, unfortunate for Judge Porter, as it was a source of regret to his friends, and afforded a new pretext for those who were envious of his abilities, jealous of his reputation, and unwilling to satisfy his ambition, to do what was in their power to entail upon him the disfavor of the people. In 1833 ^^ was a Nullifier, and gained the reputation of a State Rights man by the introduction into the House of a bill pledging this State to support South Carolina in case of a crisis growing out of her resistance of the oppressions of Congress. His political views often underwent radical changes. In 1840 he supported General Harrison for President, and Clay in 1844, and Taylor in 1848. In 1852 he was in favor of Pierce against General Scott for the Presidency. He was a true Southerner in the war between the States, and defended the Lost Cause with all the enthusiasm of his nature. It has already been

We have previously called attention to the literary tastes and talents of Judge Porter. These led him to dive deep into the various departments of learning, and his extensive and well-selected library of rare books on different subjects of science and art was his pride and delight. Various periodicals frequently published his articles ; and if he was vain in this particular, let us believe that he had something of which to be vain ; and if he had faults, let us hide them behind the shadow of our own ; for that he was chaste, enthusiastic, generous and noble, none can deny.

In 1828, while in Chesterville, South Carolina, he married Miss Eliza Taylor Kidd, a lady of great conversational powers, but very modest in her manners. They raised a large family, and many of their descendants are still living in Butler County. Of these, Mrs. I. M. P. Henry is generally known throughout the Southern States as a lady of marked literary talent.