Huntsville, Alabama - Early History of Huntsville, Alabama, 1804-1870 (part 1 of 3)

Foreword

In the preparation of this work the author is largely indebted to the Department of Archives and History of Alabama, under the capable management of Dr. Thomas M. Owen, who contributed liberally of his time assisting in a search of the files and records of this Department. Especially is the author indebted for the aid received from the letters of Judge Thomas J. Taylor,* dealing with this subject.

In its inception this work was not intended for, nor is it offered as, a literary efifort, but merely as a chronicle of historical facts and events dealing with Huntsville. In its preparation, the author has taken care to record nothing within its pages for which his authority as to the source of information is not given. It has value only as a documentary record of facts and events gleaned chiefly from contemporaneous sources, and is as accurate as could be made after verification from all material at hand, which was necessarily very meager.

This work is published with the hope that those who chance to read these pages will derive some benefit and as much pleasure therefrom as did the author in its preparation.

Huntsville And Surrounding Territory

U" NTIL March 3, 1817, Alabama was a part of the Mississippi Territory. Between the years 1795 and 1796 certain land companies purchased this territory from the state of Georgia. The Georgia Legislature granted title to these land companies for a comparatively nominal consideration - the major portion of which the Legislature itself received and withheld from the state.

Madison county was purchased by the Tennessee Land Company ; nearly all of North Alabama being included in the grant from the Georgia Legislature.

The people of Georgia, upon being apprised of the grants made by the Legislature of 1795-96, rose with righteous indignation and had the action of that Legislature investigated, revealing what was known as the "Great Yazoo Fraud." This fraud was denominated the Yazoo fraud, for the reason that the Yazoo Land Company was the principal grantee of that Legislature. The succeeding Legislature revoked these' grants and declared them null and void. Notwithstanding this, these land companies continued to sell the lands in the granted territory for one dollar an acre.

The state of Georgia was unable to force these land companies to relinquish their hold upon the territory, and in order to accomplish this end was forced to cede this territory to the General Government on April 24t4h, 1802. Wherever title to any of these lands had been acquired by private individuals, restitution was made by the Government.

In order that individuals might retain and perfect the title to their lands it was necessary for them to file their claims with the Government Land Office, at Nashville, Tennessee, before January 1, 1815. All parties not having done this were forced by United States troops to abandon the land.

x-Mthough the Mississippi Territory had been ceded to the Government in 1802, "Old Madison county" never came into possession of the Government till 1807, when it was ceded by both Cherokee and Chickasaw Indians. Both these Indian tribes claimed it as their hunting ground, but it was never inhabited by either.

The territory just referred to as "Old Madison county," is embraced in the present limits of Madison county, but was not quite so extensive.

Madison county is unique among the other original counties of the State, in that it is the only county ever to extend its boundaries, all of the other original counties having had to contract theirs to make room for the creation of new ones, as the growth of the State necessitated.

First Settlers

As to who was the first white man to settle in Madison county is yet a mooted question, but circumstances lead to the belief that "Old Man Ditto" was living among the Indians as a trader at "Ditto's Landing," ( Cherokee-Old-Fields or Whitesburg) some years before Huntsville was located.

That John Hunt was the first white man to build his hut on the banks of the "Big Spring," is historically settled. Hunt's cabin was situated on the slope of the blufif overlooking the spring, at the point which is now the southwest corner of the intersection of Bank street and Oak avenue, on the property occupied by the residence of Mr. Frank Murphy. Incidents and circumstances attending Hunt's journey to the Big Spring confirm the belief that there were white settlers in Madison county, north of Huntsville, before the arrival of Hunt.

Judge Taylor, in his letters dealing with early life in Madison county, tells us that Joseph and Isaac Criner, accompanied by Stephen McBroom, explored the northern part of the county in 1804^ and built a hut on the banks of a stream, which is now known as Mountain Fork of Flint river. Isaac Criner was personally known to Judge Taylor, and in his letters he gives us Mr. Criner's narrative of the events of those early days in his own words. In substance Mr. Criner says : In the early part of 1805- he and Joseph, his brother, came to Mountain Fork and built a cabin^ for Joseph's family, then one for himself. Shortly after the erection of these cabins, John Hunt

1 aud - These dates seem to conflict, and .Tudse Taylor does not explain them for us; however, it is very prol)able that the Criners with McBroonis exi)h)red the country and then returned to their homes for their families and supplies, before eroctins cabins. This inference is suppt)rted by the fact that only the Criners were present when the houses were erected, and also in the first instance no mention is made of the presence of their families.

Hunt and Bean came from the north of what is now New Market, along a trail, which is now the Winchester, Tennessee, road. They had heard of the "Big Spring,"* and of the abundance of big game in its vicinity. In a few weeks Bean returned and stated that he was going back to what is now Bean creek, near Salem, Tennessee, but that Hunt was going to locate at the "Big Spring," and would return and bring his family later. Mr. Criner also tells us that in 1805 several families came into the county from north of New Market, along the same course traversed by Hunt ; among whom were the Walkers, Davises, McBrooms and Reeses.

These early settlers got word back to their former friends and neighbors of the unusual fertility of the soil, the beauty of the country, and of the wonderful "Big Spring," and in 1S06, large numbers of home-seekers began to come into the county from Middle and East Tennessee, and Georgia. These pioneers were of the types usually found on unsettled frontiers, "the advance guard of civilization," known as "squatters." They were a very thrifty lot, and at the Government land sales in 1809 many were able to buy the tracts upon which they had "squatted" and made their homes. As a whole they were an honest, law-abiding people, modest in their desires and customs, living peaceably without law or government for some years.

Between the years 1805 to 1809 wealthy and cultured slave owners came into the county in large numbers from North Carolina, Georgia and Virginia. Soon this class outnumbered the pioneers ; these later settlers bought large tracts of land at the sal6s in 1809. In coming into the county, the settlers from North Carolina and Virginia moved along the then western boarder of civilized customs and cultivated lands into West Georgia and Middle Tennessee, till they reached the Tennessee river, which they crossed near the Georgia line.

Life Of Early Settlers

The life of these pioneers was very primitive ; they drew solely on the resources of the surrounding wilderness for their necessities and comforts. Their houses seldom had a piece of iron about them. The floors were of dirt, and in rare instances this was covered with puncheon. Even the hinges of their doors were of wood. The walls of the houses being built of logs.

Instead of fastening the covering upon roofs, with nails, lengthy poles were placed across the boards, and weighted down at the ends. Owing to the scarcity of adequate tools and hardware supplies, the houses were necessarily very small, one-room structures. The small huts served to house families, which, in many instances, were greatly out of proportion to their size, for be it remembered, in those days families were large and in this particular settlement legend records that they were unusually large.

As families increased in size, and necessity demanded, rooms were added to the family hut - but without increasing its exterior dimensions - by the simple process of stringing up another buckskin curtain, which served to partition off the new room. The erstwhile "feather-tick," upon the bed was not one of the luxuries of which these early settlers could boast, at all events, the entire family could not ; for the younger children were bedded upon pallets, and as the family continued to increase in numbers, the larger boys slept in the barn loft, and legend has it, even under trees and most anyw^here. History in its record of customs and usages, which prevailed in those early days, suggests the existence of a milder climate then, than now. The prevailing table-ware was constructed of hewn wooden utensils, though some of the wealthy settlers possessed pewter ware.

For some time these pioneers lived a life of freedom from tilling of the soil, subsisting the while in sumptuous complacency upon the abundant provisions of nature. However, after a time they realized the unusual fertility of the soil, and then clearing of land was commenced, and corn was planted.

There being no grist mills at which their corn could be ground into meal, resort was had to the age-old custom, in primitive quarters, of using a crude mortar and pestle, made by hollowing out a hard stump in which they pounded the corn into meal. Little or no wheat was planted, and they lived for a time without flour ; however, when the population grew, flour was shipped in from the trading station at Ditto's Landing (Whitcsburg).

During the first years of the settlement all supplies received from the outside world were transported in by pack mules from the settlements further north ; later, practically all supplies were shipped from these settlements further north, down the Tennes- see river, and put off at Ditto's Landing, about ten miles south of the settlement, and from there hauled in by wagons. At this landing on the Tennessee an Indian trading station was operated by John Ditto, who lived there among the Indians of this territory, without white associates for some years before the settlers came into the north part of the county.^

In due time, the cultivation of cotton was begun, and shortly thereafter the cotton spinning wheel came into very general use in the settlement. The yarn made therewith superseded in some measure buckskin, which was still in very general use as a substitute for cloth; the principle article of clothing being dressed buckskin. Prior to the arrival of cotton and the cotton spinning wheel, buckskin was used almost exclusively as bedspreads, ropes, sewing threads or thongs, as well as for many other and varied purposes. For a time, at any rate, the advent of the cotton spinning wheel, locally, did not supersede the use of buckskin as an article of dress, for cotton cloth remained a scarce and seemingly very precious article, as calico cost 50 cents a yard. As a consequence only a few young ladies of the wealthiest families could afford to disport themselves along the paths of the settlement clad in a calico dress, colored by boiling with different kinds of native barks, and shod with buckskin moccasins. Some few of the wealthier inhabitants could boast flax spinning wheels, with which clothes, table and bed linen were made in limited quantities for home use.

Things which we have learned to consider as every day necessities, such as lamps, were, with these early inhabitants only "medical" necessities, being used exclusively in cases of sickness. Gun-powder, the chief instrumentality for protection and subsistence, was made by the settlers themselves.

In summing up and taking a survey of the apparent hardships undergone by the early settlers, who traveled here from homes and communities furnishing more of the ease and luxury of the times, and far greater security of life; we naturally inquire, why did they abandon such homes and communities, and why, again, on such abandonment, did they choose this particular spot, the then furthermost settlement from civilization, and many miles away from their former friends and neighbors? In answer to these queries, we can only surmise. But, it is not wondrous strange that these people should have been possessed of the spirit of the times ; that pioneer spirit which was so predominant. Having once gotten upon their way, it is still less to be wondered at, that they should have halted in their journey and builded their huts around the wonderful "Big Spring." about which Hunt had spread the news when he returned to his home for his family. Truly, this new Eden must have offered manv and unprecedented inducements. Though surrounded by Indians, they were never molested. The climate was healthful and mild ; the surrounding country was well supplied with waterways ; the streams abounded with red-horse, salmon and trout ; the forest with bronze turkeys, flocks of pigeon, and red and gray squirrels ; and quail could be bagged by herding and driving them into nets ; deer and bear frequented the river bottoms, and wild duck were plentiful. Truly to them, it must have seemed that nature had provided this spot with an unlimited wealth of resources.

In addition to these, many more inducements offered themselves to the large slave OAvners ; chiefest of which was the fertility of the soil, upon which could be produced one thousand pounds of cotton to the acre," which was a prime attraction during these years, as the price of cotton was from 20 cents to 25 cents per pound. Perhaps an equally potent consideration was, here their slaves were never molested. If they escaped their owners, they fell into the hands of the Indian tribes ; if the tribe was hostile, they were re-enslaved and treated very cruelly; if friendly to the settlers, the fugitive slave was returned to the master. This was no minor consideration to the slave owner, especially those from Virginia, since, for some years their slaves had been decoyed away, and were escaping with annoying and increasing frequency. Nor had they settled in a country which offered no means of transportation ; for as early, probably, as 1809, cotton, which was then being cultivated extensively, was floated on flat boats or barges down Paint Rock and Flint river to the Tennessee. On the return trip, these boats brought supplies.

References: - Judge Taylor's History of Madison Coniity: Brewer's Alabama: Huntsville Directory, 1859; Northern Alabama: kindness of many older citizens; newspaper files and clippings.

« The autlior entertains the ojiinion that this was seed cotton, thoufjch he has heen unahle to anthenticate his l)elief. However, in case seed cotton is correct, snch a yield is not di.sappointin.u;, hut ou the contrar.v, excellent, considering the circumstances and primitive nature of farming then prevalent.

Land Sales In 1809

NEARLY, if not all the states, composing the United States, at that time, had been settled and established under the auspices of foreign powers, title to lands in them having been acquired by "Grant from the Crown." Under this system, the more influential inhabitants procured patents to vast areas of land.

Unlike her sister states, which had preceded her in the Union, Alabama was settled and established under the auspices of the United States Government, for, as we have seen, the Mississippi Territory was ceded to the Government by Georgia on April 24, 1808. Almost immediately the beneficial effects of being under the direct jurisdiction of the General Government were made manifest. Shortly after this land was ceded to the Government by Georgia, it became the Mississippi Territory, and was accordingly provided with a territorial government.

It is very probable - as to this, however, the author cannot be certain - that Alabama was the first one of the states admitted to the Union, which was officially surveyed and platted by the Government before the lands therein were open for settlement under governmental administration. Some time during the year 1807 the survey of that portion of the Mississippi Territory, which is now the State of Alabama, was commenced, by first locating and establishing the Meridian line for the State, known as the "Huntsville ?*Ieridian," along which passes, for a portion of the way, the present Meridian Pike, leading north from Huntsville. This work was done by and under the supervision of Thomas Freeman, a surveyer, of Nashville, Tennessee. The survey was completed, and so reported to the Government, in May, 1809, and in August, 1809, lands were offered for sale.

By a proclamation of Hon. Robert Williams, Governor of the Mississippi Territory, Old Madison county was created and established the 13th day of December, 1808, with a population of five thousand. This proclamation is in words and figures, as follows :

"Whereas, by the ordinance of the government of this territory, it is provided that, for the prevention of crimes and injuries, and for the execution of process civil and criminal, the governor shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished into counties and townships, subject, however, to such alterations as rnay thereafter be made by the Legislature.

And, whereas, the Indian titles have been extinguished to a tract of country lying and being within this territory, principally on the north side of the Tennessee river, commonly called the "Great Bend" of the Tennessee, and bounded as follows : beginning on the north bank of the Tennessee river on the Cherokee boundary, thence northward along said boundary to the southern boundary of the state of Tennessee ; thence west with said last mentioned boundary till it intersects the Chicasaw boundary line ; thence south along said Chickasaw line, crossing the Tennessee river twice, to the beginning ; agreeable to a survey made under the authority of the United States, within which boundaries there are several thousand inhabitants, having as yet no laws or officers among them : And it being also provided by said ordinance, that the laws shall have force in all parts of the district; to the end, therefore, that the inhabitants residing in said tract of country may have the benefit of law :

I do in compliance with said ordinance, and for the purposes aforesaid, lay out said tract of country, to be called and known by the name of "Madison," subject, however, to such alterations as may hereafter be made by the Legislature.

Given under my hand and the seal of the territory, at the town of Washington, this thirteenth day of December, in the year of our Lord, One Thousand Eight Hundred and Eight, and in the Thirty-third year of the Independence of the United States.

Later, in 1818, by an act of the Legislature of the Alabama Territory, of February Gth, it was provided "that Madison county shall hereafter be bounded on the west by the western boundary line of range number two, west of the basis meridian of said county, extending from the southern boundary of the state of Tennessee to the river of the same name, and said county shall be bounded on the south by said river. "^ Later, by an act of the Legislature of the State of Alabama, on December 13, 1819, the eastern limits of the county were extended to include "all that tract of country lying between the present Madison county line and Flint river."^

The foregoing constitute all of the changes made in the territorial limits of the county during the early days. It is very interesting to know, that what is now the eastern part of Madison, - all that tract of country lying east of Flint river, and a part of what is now western Jackson county, - constituted the county of "Decatur," created by an act of the Legislature of the State of Alabama, on December 17th, 1821.*

To the casual reader of these pages, no doubt, it will be almost incredible .that five thousand settlers had journeyed to this frontier community within four years from the arrival of the first pioneer. Yet, after a laborious and painstaking examination and search for authentic information and records, as well as a studied consideration of the spirit and events of those early years, the author has little doubt of the reasonable accuracy of the reputed population.

The lands in Madison county were the first surveyed and sold in North Alabama. Prior to the sales in 1809 lands in and around St. Stephens had been offered for sale by the Government. The Government Registry and Land Office, through which all purchases of land in the new territory had to be negotiatetd, was situated at Nashville, Tennessee, with Gen. John Braham as Register. All traveling in those days was by horse-back, and in due season there was a well defined highway from the Tennessee river south of the "Hunt Spring" settlement to Nashville on the north, along the same course now traversed by tourists in passing between the two cities. At these sales there were many purchasers who bid in with alacrity these rich lands at an average of $2.00 per acre ; very few bids were for more than that. If the amount bid was paid cash, the Government discounted the purchase price eight per cent. Easy terms were also offered ; interest at the rate of six per cen per annum being charged on all deferred payments. Only farm lands were offered at the sales in 1809 ; the laying out and platting of the town site not being completed till 1810.

The survival of a people as a nation depends wholly upon its ability to establish and maintain a stable government of laws - as distinguished from a government of men - aided and enforced by a competent system of jurisprudence. And. in like manner the future stability of a pioneer settlement depends in a large measure upon the regard had for the speedy establishment of such a government. Any article dealing with the early history of a settlement, which did not give heed to these principles would be incomplete and improperly focused.

So it is that we are interested to learn, that, the Legislative Council and House of Representatives of the Mississippi Territory, by section one of an act passed February 27, 1809, provided, that, "The laws relating to the judiciary and militia of this territory be immediately extended to the county of Madison." Sections two and six further providing, "There shall be immediately organized in the county of Madison, circuit and county courts, etc." "All the laws of a general nature which now exist or may hereafter be passed by the government of this territory shall extend to and be binding on the inhabitants of the county of Madison."^

To meet the changed condition of things, brought about by the extension of laws to the settlement, on December 22, 1809, the Legislature passed an act, which, let us pause to remember was the first statute having, to do with Hunt's Spring settlement, directly, providing for a commission to fix a plan for and establish the public buildings of the county, and to this end, to acquire not less than thirty nor more than one hundred acres, and lay out a town site thereon ; the town so laid out to be known as Twickenham. This act is as follows :

"Section 1. Be it enacted by the Legislative Council and House of Representatives of the Mississippi Territory, in General Assembly convened, that William Dickson, Edward Ward, Louis Winston, Alexander Gilbreath, and Peter Perkins, residing in the county of Madison, be appointed commissioners for the purpose of fixing on the most convenient place for establishing the public buildings in the said county ; and they, or a majority of them, shall have power and authority to procure by purchase or otherwise, not less than thirty or more than one hundred acres of land, at the most convenient and suitable place for the erection of the public buildings aforesaid, which tract of land, when obtained by purchase or otherwise, as aforesaid, shall be laid out into half acre lots by the commissioners aforesaid (reserving three acres, upon which the public buildings shall be erected), and be sold at public auction on twelve months credit; and the money arising therefrom (after paying for the land aforesaid, if the same shall be purchased), shall be applied by said commissioners toward defraying the expenses of erecting the public buildings of the said county.

Section 2. And be it further enacted, that the town so laid out shall be called and known by the name of Twickenham ; and as soon as the public buildings are fitted for the reception of the courts of the said county, the said commissioners shall report the same to the county and circuit, or superior courts of said county, as the case may be, who shall thereupon adjourn their courts respectively to the court house so erected as aforesaid."*'

Before the laws were extended over the county, Judge Taylor, in his article tells us, there had been no organized law enforcement, but this settlement was not unlike other pioneer settlements of that day and this neighborhood, and had its band of men, known as "Captain Slick's Company;" the origin of which name, neither Judge Taylor nor the author has been able to trace. A chronicle of the times gives it that this company was very vigorous in the enforcement of its own laws, and at times inflicted punishment calculated to deter the culprit from the commission of a second offense, provided, of course, he lived through the first punishment. Justice was administered by this company in the following democratic fashion ; An undesirable citizen, as thief, and such like, was warned, by an order signed "Captain Slick," to leave town in a given time. Failing to give heed to the order, the unfortunate one was severely thrashed, and in case the order for removal was not immediately complied with, he had both ears cropped and his cheeks branded.

Inasmuch as Judge Taylor does not vouch for the verity of those incidents of law enforcement brought down to us by this legend about Captain Slick, the author feels at liberty to inter-

The punishment prescribed by the statutes of the territory, for certain ofifenses, as it seems to us now, was in most cases "cruel and unusual" in character, and in some instances wantonly vicious and inhuman. The statute law of those times recognized no distinction between male and female, in the character of punishment awarded, nor in the manner of its infliction. Men and women, were, alike, punished for the most trivial misdemeanors by a fine, and "moreover received thirtynine lashes on his or her bare back, well laid on, at the public whipping-post," and were in addition thereto made to stand in the public pillory for days. The minimum amount of corporal punishment inflicted, in any case, seems to have been "thirty-nine lashes well laid on his or her bare back." Even this did not suffice in some instances for, "if any person do feloniously take or steal any horse, mare or gelding, foal or filly, ass or mule, the person so oflFending shall restore the property so stolen or pay the value thereof, which shall be adjudged by the jury trying such offender, to the owner or owners thereof, and be fined at the discretion of the jury in a sum not exceeding five hundred dollars, and shall moreover reecive thirty-nine lashes on his or her bare back, well laid on, and be branded on the face, or in the right hand, as the court shall think fit, with the letter "T," and be imprisoned for a term not exceeding twelve months."' Anyone knowingly purchasing such stolen property was similarly punished.^ Just why the law prescribed thirty-nine lashes instead of forty or forty-one and so on, must needs remain unanswered. But, may we not pause to inquire, and with some pertinency - is it possible that experience had demonstrated that "thirty-nine lashes well laid on his or her bare back" was the limit of human endurance?

As we view it from these times, the inequalities in the laws of the territory, as regards punishment for different crimes of similar nature and equal injury to society, and as regards the amount of punishment meted out to whites and negroes, for the same offenses, are their most striking and noteworthy characteristics, reflecting as it would seem to us, a failure on the part of the law makers of that day to comprehend the true purpose back of punishment for crimes. For is it not the very essence of philosophy, that celerity and not severity of punishment deters from crime? The punishment in some instances seems to us greatly disproportionate to the injury done society, in the commission of the offense. One of these instances is found in the statute which prescribes the death penalty for the offense of forgery.^ This statute also strikingly illustrates the inequality in the punishment awarded for its violation and that awarded for the offense of stealing a horse, just quoted from above ; both, crimes of kindred nature, equally hurtful to society.

No less remarkable is the dissimilarity in the punishment awarded whites and negroes ; for, upon an examination of the statutes prescribing punishment for perjury, Vv^e find that in tlie case of a white offender he was "fined not exceeding $300.00, and stood in the pillory two hours, and had thirty-nine lashes on the bare back ;"^^ whereas, "when any negro or mulatto shall be found, upon proof made to any county or corporation of this territory, to have given a false testimony, every such offender shall, without further trial, be ordered by said court to have one ear nailed to the pillory, and there stand for the space of one hour, and then the said ear to be cut off, and thereafter the other ear nailed in like manner and cut off at the expiration of the other hour, and moreover, to receive thirty-nine lashes on his or her bare back, well laid on, at the public whipping-post, or such other punishment as the court shall think proper not extending to life or limb."^^ Surely such excessive punishment was ill timed and out of proportion, and the justice of this criticism is enforced by the realization, that, in the courts of the territory negroes had no standing as witnesses and their testimony was not evidence unless corroborated by "pregnant circumstances ;" and then, only at the discretion of the judge. Nevertheless, the confession of the accused was good and could be used to convict him.^- Even greater and more pointed is the expression of this dissimilarity, found in that statute which provided that, "When any negro or mulatto whosoever shall be convicted of an offense not

11 Statutes of Mississippi Territory, page 223. Edition 1816. We marvel that even tliis saving limitation is placed upon the right of the judge to inflict coriwral punishment upon a negro.

punishable with death by this act, judgment of death shall not be given against him or her, upon such conviction, but he or she shall be burnt in the hand by the sheriff, in open court, or suffer such other and corporal punishment as the court shall think fit to inflict, except where he or she once had the benefit of this act, and in those cases, such negro or mulatto shall suffer death.""

In taking a retrospective view of the criminal laws of the territory, one is impressed with the idea that punishment for crime had as its purpose one of two objectives, either to render assurance doubly sure that the culprit would not again offend against society by removing him (through the death route) from all such temptations ; or to so mark him, by burning him with the "brand of justice" and lashing her mandates through his bared back, as to make of him a continuing spectacle of horror. Be it remembered, however, in justice to the lawmakers of our own, the Alabama Territory, all these statutes were passed during the year 1807, and were given to the new settlement as rules to live and be governed by at the time of the extension of the territorial laws over the county in 1809.

Viewing in the retrospective these laws, providing punishment for crime, bearing in mind the while, that the chief features of the punishment inflicted by Captain Slick and his band, are likewise the chief features of the punishment prescribed by law, we readily realize how a legend, such as that dealing with Captain Slick, could have found lodgment and credence in the mind of posterity. That there was foundation for thefundamentals of such a legend cannot be doubted, but that such punishment as there ascribed to Captain Slick and his band, should have been inflicted and administered by individuals as such, is extremely doubtful. It is entirely possible, even probable, that this legend, firmly embedded in fact, as we have seen, was started upon its course through the annals of time, as a simple historic narrative of the punishment awarded in certain cases, under the old laws of the territory ; and as years passed, it became a legend, by constant repetition, and the addition thereto of the name of Captain Slick, to give it the proper settingof the picturesque. No narration of facts or events in so unworthy as to become a legend till it is attired in some picturesque garb.

The reader's pardon is asked for having digressed at such length from our consideration of courts and court systems for the county, to discuss with such seriousness the seeming trivial circumstances relating to Captain Slick. But as it is the obligation of a narrator of historical events to investigate and give record to every fact and incident, whether large or small, as well as circumstances which might have a tendency, even remotely to illumine the future study of the history of the people he seeks to commemorate, the author of these pages would have been recreant to a duty had he not given serious consideration to Captain Slick and his company.

Along with the laws of the territory, which were extended over the county in February, 1809, came the courts of the territory. For a time laws were enforced and justice administered in the county by the Supreme Court of the Mississippi Territory. Later, and on December 82, 1809, this court was abolished, and in lieu thereof a county court, known as the "Superior court of law and equity," was established.^* By the close of 1810 all courts had been established and completely organized, with a full force of officers, appointed by the governor of the Mississippi Territory.

If there was any one act of the Congress of the United States, which was more pregnant with interest to Madison county and more potent in establishing the settlement upon a firm basis, than any other, it was the act of March 2, 1810, which authorized the county to elect one representative to the territorial general assembly, and also to vote for one delegate from said territory to the Congress of the United States. ^^

The matter of establishing and arranging courts, seems to have been a perplexing problem even in those days. By this same act, just referred to, authority was vested in the territorial governor to appoint an additional judge "who shall reside in Madison county." The territorial Legislature was also invested with power to establish a superior court in each county of the territory ; and it was further provided that all final

The terms of the superior court of Madison and the time for holding the same were fixed by an act of the territorial Legislature, of December 18, 1811, on the second Monday in May and November, to be held for twelve judicial days, at each term. By this same act it was provided that an intermediate court, for county purposes, be held for the county of Madison in May and November, for two days, at each term, which had exclusive jurisdiction of causes in which not more than $200 was involved.^'^

Later, it was determined that the business of Madison county required more time, so accordingly by act of December 1, 1814, the terms of court were increased to eighteen judicial days, each.^^

We have noted that the superior court of Adams county served as a court of appeals for the review of judgments and decrees of the Madison superior court. By an act of the Legislature of January 20th, 1814, there was created, the supreme court of errors and appeals, with judges to be appointed by the territorial governor, with terms to be held twice each year on the second Monday in June and December, which was in lieu of and had jurisdiction of all appeals to the exclusion of the superior court of Adams county/^ This same act conferred jurisdiction upon the superior court of Madison, of all actions and suits in which the amount involved exceeded $50.00.

Judge Taylor tells us, in his article, that, the first court ever held in the county was known as the inferior court, which was convened the first Monday in January, 1810. Five justices sat upon the bench, with one of their number as chief justice of the quorum. Leroy Pope was chief justice and E. Ward, William Dickson, J. Withers, and Thomas Bibb were associate justices of the court, while William Winston was clerk. In 1820 this court was abolished and in its stead there was created a court with jurisdiction co-extensive with our present probate court, and in addition thereto, jurisdiction over civil i« It is the author's belief that Adam's rounty was in that portion of the territory which is now Mississippi ; ami had as its western boundary the Mississippi river, and extended apiJroxiniately across the state. As to tliis, Jiowever, he cannot be certain, owinp: to a hxclc of data upon the subject.

causes. Of this court Sam Chapman, brother of Reuben Chapman, afterwards governor of the State, was the first judge, serving as such from 1830 to 1834. Edward Chambers Betts, grandfather of the author, was the last judge of this court, serving as such from 1849 to 1850, when it was abolished, and the present probate court created in lieu thereof with J. M. Otey as its first, judge.

The superior court of the county, the establishment of which we have noted, was opened on October 1, 1810, with Obediah Jones as judge, and Peter Perkins as clerk. A chronicle of the times has it that this was an occasion of serious moment in the county's history. That it was so regarded by the court officials can be little doubted, when we learn that great pomp and ceremony attended this auspicious event. At this session of the court the hereafter named gentlemen presented their credentials as attorneys at law, had their names enrolled, and were accordingly admitted to the practice as members of the Twickenham Bar: J. W. Walker, who served as attorneygeneral at the first term of the court; J. C. Hamilton, Geo. Cotter, James Rogers, Gabriel Moore, Marmaduke Williams, and Lewis Winston, afterwards attorney general of the territory.

Purchasers At Land Sales Of 1809

Great numbers of prospective purchasers poured into the settlement during the year 1809, eager to bid on the lands offered for sale by the Government. Many of these potential settlers were wealthy and owned large bodies of slaves.

Twickenham was reached by two principal lines of travel, both leading North for about ten miles to where they merged into what is now the New Market road, which proceeded thence northward to Nashville. To the north of New Market this route was tapped by a road leading eastward through Tennessee and crossing the Tennessee river about the northwest corner of the state of Georgia, proceeding thence into Georgia. It is along this latter route that the greater number of these potential settlers came in 1809. They followed the New Market road till Flint river, in this county, was reached, here they divided. Some of them coming to the settlement by the Deposit road to what is now Brownsboro, and thence into

Twickenham ; others came along the road leading north from the settlement to Flint river, along which now passes the Three Forks of Flint road.

As many of the men, whose names are so indelibly stamped upon the pages of our State's, and in some instances our nation's, history, became purchasers at these sales, afterwards settling in the county, it will not be amiss to here record some of those names.

Large tracts of land along the road leading north from Twickenham to Flint river were bid in by William Moore, Nathan Strong, James Roper, Matthew Weaver, and John R. B. Eldridge. Closer into the settlement, but along that part of this same road, which is now known as Meridian Pike, purchases of land were made by R. Thompson, Thomas Bibb, J. Manning, B. S. Pope, J. Lowery, J. W. Watkins, J. Connally,' P. Cox, J. W. Walker, Hugh McVay, and C. Cabaniss. Around Twickenham, and in different directions, large tracts of land were bought by Dr. David Moore, Archie McDonnell, and J. & S. Acklen, while out toward what is now known as Russell's Hill, just west of the settlement, purchases were made by E. Dilworth, E. Ward, and J. Allison.

In due season, houses were built - in most instances of logs - upon these tracts. Great droves of slaves belonging to these settlers having been brought in, clearing of land commenced soon thereafter. Now, the business of transforming this frontier settlement into a permanent community and the famed metropolis of the Alabama Territory it was soon to be, was begun in earnest, and progressed with a gratifying and unprecedented rapidity.

An examination of history's pages reveals that not only did Twickenham and Madison county contribute their share toward the political and economic development of the Mississippi Territory, but that the illustrious names, of those statesmen, which form the very pillars of history's ark and thatch its roof, are intimate to their history. For among those who purchased lands and settled in Twickenham during the years 1809 and 1810 were: Thomas Bibb, the first president of the Alabama Senate, who succeeded to the office of governor of the State upon the death of his brother, William Bibb, its first governor ; Gabriel Moore, and Clement Comer Clay, both of whom became governors of the State, and the latter of whom served Alabama as United States senator, shedding lustre upon her people, and by his marked abilities creating for Alabama, the new State, an enviable place in the counsels of the nation ; Leroy Pope is affectionately referred to in the chronicle of the times as the "Father of Huntsville," he was called upon to serve his people in many and varied capacities, acting, as we have seen, as chief justice of the first court of the county ; J. W. Walker was the first lawyer admitted to practice in the courts of this county, serving as attorney-general at the first session of the court, and later became one of the first United States senators from Alabama. At the beginning of his term Alabama was represented in the nation's Congress by two senators and one representative. In addition to these, there were many more whose names adorn the pages of Madison's history, such as : Peyton Cox, J. Manning, and Robert Thompson. All these parties came to the new settlement from Petersburg, Elbert county, Georgia, and it would seem, in coming, stripped that town of its vital forces, rendering it stagnant, for it has ceased to exist for a number of years.

Establishment And Founding Of Twickenham

As we have observed, on the 22nd day of December, 1809, the Territorial Legislature created a commission to lay out the town, and when so laid out it was to be "called and known by the name of Twickenham." At this time the settlement had between two hundred and three hundred inhabitants. Just why the name of Twickenham was chosen is not a matter of conjecture. The moving spirit and the dominant influence of nearly all positive action in the life of the settlement was Leroy Pope, a wealthy man, public spirited and liberal. He was a great admirer of the poet Alexander Pope, though no relation, so far as the author has been able to ascertain. The poet's English home was named Twickenham. Through the influence of Leroy Pope this was the name given the settlement upon its establishment.

Pursuant to the legislative enactment the commission early in 1810, laid out the town, including in its limits, about sixty acres. The town site, including the "Big Spring," had been previously purchased, in 1808, by Martin Beaty from the "Tennessee Land Company," for the sum of $1.00 per acre. One thousand acres was included in the purchase, to which he afterwards released his claim, upon 'effecting a settlement with the United States Government. Before the town site was laid out, at the Government land sales in 1809, Leroy Pope purchased the quartersection of land upon which was located the spring-, at the, then, exorbitant price of $23.00 per acre. That the bidding for this piece of land was sharp is attested by the fact that it brought four times as much as any of the adjoining lands. Pope bought this land with a view to locating the county site upon it, which was accordingly done, later.

The streets of the town were laid out with reference to the spring bluff. It is probable that this work was done by J. W. Leake, a local surveyor, who it seems did all such work till 1816, when Hunter Peel, an Englishman, came to Huntsville. Twickenham was bounded on the north by what is now Holmes street ; on the east by Lincoln street ; on the south by Williams street, and on the west by Galatin and Henry streets, or Oak avenue.

The town being now platted, the commissioners bought thirty acres, the south half of which was purchased from Leroy Pope at $25.00 per acre. This thirty acres obtained by the commissioners, was that immediately adjacent to the spring bluff, comprising what is now a portion of Court square, and the property abutting thereon. Mr. Pope donated to the town for public purposes, what is now the jail lot and half of the court house square. This thirty acres was divided into half-acre lots, which, when sold, brought from $200.00 to $500.00 each. The total revenue derived from the sales was $10,000.00, which, as directed, was used in the construction of public buildings, thereafter immediately begun.

The first lot, in Twickenham, was sold on July 4th, 1810, which seems to mark the beginning of an era of phenomenal growth, not alone for the town and county, but for the entire State as well. Soon, thereafter, John Hickman was awarded the contract for the construction of the first court house, which was completed in 1816, and stood upon the site of the present one. Co-temporaneous with the erection of the temple of justice, a jail was built; and completed after delay commensurate with that attending the completion of the court house, and was situated on the northeast corner of the square. From the number of years consumed in completing the court house, one might infer that this noble work of erecting Madison's first shrine to the Goddess of Justice, was probably finished by the "heirs, executors or administrators" of John Hickman, the original contractor. At any rate, these public buildings in their incomplete state, became the subject of legislation again, on December 12, 1816, when an act was passed providing that: "The justices of said county court be and they are hereby appointed a commission to contract for and superintend the completion of the public buildings of said county," with power to purchase a lot for the jail and to proceed to the completion of the pillory.^"

In the basement of the court house was located the first "Market House ;" later, it was removed to what is now the Holding block, on the east side of the square, where it was housed in a brick structure, and finally, from there it was moved to the northwest corner of the intersection of Washington and Clinton streets, upon the site now occupied by the Twickenham Hotel.

Name Changed To Huntsville

Not unlike other towns, Twickenham had its local dissensions and internal strife, and the name of the town was the bone of contention. Legend claims that the settlement was divided in twain, and that "there existed two powerful factions," denominated respectively : The "Royal Party" and the "Castor-oil Party ;" being so named on account of the leadership espousing each. The former was led by Leroy Pope and contended for the name of Twickenham, while the latter was led by John Hunt, who operated a castor-oil shop, and contended for the name of Huntsville. That this is but mere fiction, can be little doubted, when we learn that John Hunt left the settlement shortly after the land sales of 1809, without perfecting his title to the lands purchased by him, in failing to pay the Government for the same, returning to his old home in Tennessee ; and this before the settlement he had founded was named Twickenham. What the real reason for the change was must remain the subject of conjecture. However, history does inform us, that, though the town was legally named Twickenham, the spring, and even the settlement itself to some extent, was still called and known as "Hunt's Spring." This circumstance, taken in connection with the fact that there were many who believed deference should be shown the memory of Hunt ; and again, the even more potent circumstance that Twickenham was an English name, which made it no doubt very unpopular just at this time, when the relations between this Government and Great Britain were unfriendly and strained to the breaking point by the oft-repeated insults, and bullying of our commerce by Britain's naval policy, which led to the War of 1812, amply explain the desire for the change of name.

Answering the demand of her people, the Territorial Legislature by act of November 25, 1811, changed the name of the town, by providing, that : "From and after the passage of this act, the county town of Madison county - now called Twickenham - shall be called and known by the name of Huntsville."-^ The same Legislature by an act of December 9, 1811, incorporated Huntsville, and gave to it, its first municipal charter and government. The act incorporating the town is as follows:

"Section 1. Be it enacted by the Legislative Council and House of Representatives of the Mississippi Territory, in general assembly convened, That the town of Huntsville, in Madison county, shall be, and the same is hereby incorporated, and all free white male inhabitants of said town, above the age of twenty-one years, are hereby authorized to vote for five persons as trustees of said corporation, who are authorized and empowered to superintendent the police of said town by passing such by-laws, not contrary to the laws of the United States, or of this territory, as they may think proper for the well-government of said town, and for the suppression and removal of nuisances, laying oflf and repairing the streets.

Section 2. And be it further enacted : That the said trustees, or a majority of them, are hereby authorized to assess such taxes on all property laying within the boundaries of said town, as they think proper, for all the purposes of a proper police, said assessment of taxes not to exceed two hundred dollars.

Section 3. And be it further enacted, that there shall be a constable appointed within the limits of said town, whose duty it shall be, to collect the taxes mentioned in the preceding section, and to whom the taxes aforesaid shall be given in upon oath, and the said constable shall receive on such taxes, when collected, five percentum for collecting and paying over the aforesaid taxes to such trustees as may be appointed by the board to receive them.

February, annually, under the superintendence of the sheriff and any justice of the peace, which election shall commence at the hour of ten o'clock in the morning, and close at two o'clock in the evening.--

The provisions of this charter were amplified and extended by an act, of the Territorial Legislature, of November 29th, 1815, making the provisions of an act amending the charter of the town of St. Stephens applicable to Huntsville.-^ Later another charter was granted by an act of December 16th, 1819, appointing three additional commissioners for Huntsville, and naming John Read, Henry Stokes and Jesse Searcy, as such commissioners.-^ This charter and form of government remained in force without change till the meeting of the State Legislature at its session of 1843-44, whereat a new charter was granted dividing the city into four wards and providing a mayor and eight aldermen to be chosen by the qualified electors, also extending the limits of the town to one-half mile in each direction from the court house. -^ This charter remained unchanged and in force till the Civil War.

Prior to this extension of limits the boundaries of the town had, from time to time, been changed. On the 16th of November, 1818, the limits were so enlarged as to incorporate "the extensions of Green and Madison streets 'to include the property of certain named individuals' and none others."^® A somewhat novel exception in the next extension of limits was effected by an act of the Legislature on December 17th. 1819, wherein it was provided "That the corporate limits of the town of Huntsville, shall extend one-quarter of a mile from each side of the public square in said town * * * which corporation shall not affect the persons or property of Thomas and William Brandon, who reside within the limits of said corporation." This latter clause was repealed by "An Act Concerning Wolves and Panthers," passed in 1820."

References: - Brewer's Alabama; Judge Taylor's History of Madison County; newspaper clippings and files; kindness of many older citizens ; Northern Alabamia.

25 This is the first time city officials of Pluntsville were designated mayor and aldermen, prior thereto they were styled "trustees" and later "commissioners."

People And Events Occupying History'S Stage Between 1810 And 1816

AS AN introduction to this chapter, the author asks leave to quote briefly from a letter written in 1815 by John W. Walker, later United States Senator, to his friend at Washington, W. H. Crawford, then Secretary of the United States Treasury : "Huntsville is situated around the finest spring in the world ; the spring forms a semicircle 100 feet wide, and at a trivial expense the stream can be made navigable for batteaux to the Tennessee river ; which is only ten miles distant. The market house is of brick; the jail of wood. In its immediate vicinity are five cotton gins. The average land in the county will produce 1,000 pounds of cotton to the acre, and 800 bales will be this year's crop. The land is also admirably adapted to tobacco raising. Besides the gins in Huntsville, there are twenty in the county." Such expressions as these reflect the spirit of the times. An exhilarating air of buoyancy and hope pervaded every phase of life in the community. The atmosphere was electric with ardent optimism for the future, which was so abundantly warranted, as is eloquently attested by history's narration of that future.

As the beginning of this, the second era in the growth of the settlement, is the ending of the first at which lands were bought, the inhabitants were primarily engaged about the business of establishing their homes. Most of the wealthier citizens built houses along the south of the town, just out of the town limits, ranging from Pope's - now Echols' - hill on the east, to the spring blufif on the west, along what is now Williams street, which was lined with towering oaks and stately poplars ; while others erected their houses along what is now Maiden Lane, just south of a rugged and picturesque bluff, upon which was later situated the home of Leroy Pope. From time to time residences were changed from one part of town to another, and from the country to town, and the reverse. Thomas Bibb and Henry Minor being among the most noteworthy of those who moved over to the south side of town.

After the matter of housing the settlers had been properly disposed of, the attention and energies of the entire community seem to have been directed to the development of the economic interests of the town ; not to the exclusion of, however, but with due and commensurate regard for its proper political development as a factor in the governmental life of the territory.

Some time during the year 1810, Alexander Gilbreath opened a mercantile establishment at the corner of Gates and Henry streets, and about a year later formed a partnership with James White. This firm enjoyed a large and lucrative business for many years. John Brown erected two store-houses on Exchange Row, being the first on the north side of the square. Near these J. O. Crump built one. In 1810 John Read came to Twickenham and erected the first house on the old Schaudies property, at the southwest corner of the square. This house was later purchased by A. Jameson, who ran a hotel there, and some time thereafter it was acquired by Allen Cooper, who continued to operate the hotel. The first store-house on the east side of the square was built by Neal B. Rose, Leroy Pope and John Hickman.

For a number of years the first and only paper in the territory was the "Madison Gazette," published at Twickenham by Mr. Parham, having been established in the early part of 1813, as a weekly.^ Later, in 1816, this paper changed hands and was thereafter published by T. B. Grantland, under the name of "The Huntsville Republican."

As early as 1803^ the Territorial Legislators conceived the idea that taverns were institutions peculiarly subject to governmental control, even to the extent of fixing the rates to be charged ; however, notwithstanding this, hotels or taverns were numerous in Twickenham. On the west side of Jefferson Street, just ofif the square, on the site of the old Huntsville Hotel, C. Cheatham owned and operated a tavern, and just across the street, in the center of the block, Archibald Maderra ran his tavern, which was headquarters for the delegates to the Territorial Constitutional Convention held at Huntsville in 1819.

Between these years, the population of this, the oldest English settled town in the State, was of slow growth, notwithstanding that Madison county then held within its limits more than one-half the entire population in that scope of country which later became the State of Alabama. Nevertheless, during this period the business and commercial interests of the settlement grew by leaps and bounds. Many cotton gins and mills of various characters were located in and around the town. The author will be pardoned for here digressing, and recording the fact that the first cotton gin in the county and probably in the State, - referred to by a chronicle of the times as a cotton factory - was erected by Charles Cabaniss on Barren Fork of Flint river, soon after the land sales in 1809.

When the court house was completed in 1816, it was flanked about on all sides by handsome brick store-houses, and in all parts of town many elegant and costly homes had been erected and many more were in the process of completion. This material growth of the town represented the skill and handiwork of two brothers, Thomas and William Brandon, who came into the community in 1810, with nothing but their mason's tools, and in these few years had transformed the crude log hut settlement into the brick and mortar metropolis of the territory, it had by this time become.

Though engrossed in and busied about the reclamation and development of their own wonderful county, the fires of patriotism still burned brightly in the souls of Madison's men and women. On October 13, 1813, General Andrew Jackson, and his command, after marching from Fayetteville to Huntsville in five hours, halted at what is now the intersection of East Holmes and North Lincoln streets, for rest over night, having learned on arriving here that the report of the "rapid approach of the Indians was exaggerated." General Jackson and his command the next day continued their march through the country of hostile Indian tribes to Horse Shoe Bend, where that sanguinary battle was fought with the Creek Indians. Nor was their departure unattended, for the county had contributed liberally of its men ; four companies from Huntsville, one the "Mounted Rangers," under the command of Capt. Eli Hammond and a fifth company from Hazel Green, with Captain Jack Mosley as its commander, had joined General Jackson's forces here.

In those strenuous times, when safety lay in one's ability to shoot a muzzle-loading-flint-lock-squirrel-rifle, "military preparedness" was not merely a fad to be indulged according to political exigencies, and universal military training, in a measure, was a reality. The duty of every male citizen to bear arms in defense of his country and be subject to its call, was not a myth. To the accomplishment of this end, laws governing the same in the territory had been enacted, which, we have observed, were made to apply to Madison county, on February 27, 1809.- It was required of the commanding oflficers of the companies that they enroll "every free white male who shall have been ten days in their respective beats - each beat in the county having one or more companies - and who shall be above the age of eighteen and under the age of forty-five, and shall give notice to such person of his enrollment."^ Thereafter, militia duty or service was compulsory upon males so enrolled.

The regiment was required - by law - to hold a muster once a year, and the company once every two months and oftener, at the discretion of the commanding officer.*

During the war of 1812 the settlement had furnished its quota of men to defend the country. Two companies, one under the command of Capt. Jack Mosley, and the other with Captain Gray as its commander, went forth from Huntsville ; however, both companies were mustered out without having seen service in actual war.

At the end of this era, between the years 1815 and 1816, there was a pronounced inflated condition of affairs. Land values, which, in some instances, had increased ten-fold, bear unmistakable evidence of this forward tendency of things and events in the life of the settlement. The southwest corner of the square - known in later years, as the Schaudies corner - sold in 1811 for $715.00, and without having been improved with a costly building, brought $7,500.00 when sold during the last year of this period ; and it is said by a narrator of those times, that this instance of the rise in property values, is a fair index to the advance in the price of all property. Not alone did these conditions prevail immediately in the town, but throughout the county as well. Farm lands approximate to the town brought $100.00 per acre, and in more remote sections of the county $20.00 an acre was considered cheap.

As a corollary of these advances in the wealth and financial resources of the settlement, as a town, the per capita wealth of the individuals of the community kept pace. During this period, and especially the latter part thereof, large sums of money were invested in slaves, which were brought to the town

The Period Between 1817 And 1821

The growth of the entire scope of country, now forming Alabama, had been commensurate with the spirit of the times, and in order to properly care for the governmental interests of its inhabitants, Congress by act of March 3, 1817, created the Alabama Territory, with St. Stephens as its seat of government, and William Bibb as governor.^ This seems to have been the one remaining thing to do for the complete emancipation of prosperity, which appears to have run riot in Huntsville during this period. When we scan history's record of the epoch making things and events which crowded in upon each other during these years, we see the reflection of prosperity's contest with itself to accomplish something more potent for the good of the county than the thing just preceding.

Agreeable to an act of the Legislature of the Mississippi Territory of December 11, 1816, on the first Monday in February, 1817, Leroy Pope, John P. Hickman, David Moore, Benjamin Cox, John M. Taylor, Thomas Fearn, Jesse Searcy, Clement C. Clay, and John W. Walker, as commissioners, opened books at Huntsville for subscription to the capital stock of the first banking corporation organized in Alabama, then a territory, styled, "The President, Directors and Company of the Planters' and Merchants' Bank, of Huntsville."*'

The authorized capital of the Planters' and Merchants' Bank, was $500,000, divided into five thousand shares of the value of $100.00 each, of which five hundred shares were treasury stock, to be held for the space of ten years, subject to the right of the State to purchase the same.

During the latter part of this period, there was opened at Huntsville another bank under the superintendence of John McKinley, Lemuel Mead, Nicholas Hobson, Frederick James and Stephen S. Ewing, with a capital of $150,000. This bank was designated as a branch of the State Bank of Alabama, which had a capital of $2,000,000, over half of the stock being held by the State.^ have observed, was formed from the Madison Gazette, already discontinued. T. B. Grantland was its editor; later, Messrs. Boardman & Adams became its owners and editors.

In 1817 the Government Land Office was moved from Nashville to Huntsville ; shortly thereafter the land sales of 1818 took place. Judge Taylor, in his history, tells us : all things considered, the sale of Madison county lands in 1818, created as great excitement as did the California gold fever in 1848-49. Bidding at these sales was spirited, and the average price paid ranged from $50.00 to $54.00 per acre. Much of this land was bought in by people from all sections of the South, many of whom afterwards settled here. The greater number of the purchasers at the former sales in 1809, acquired additional acreage at these sales. Chief among the new settlers who purchased at these later sales were numbers of cultured and wealthy Virginians, who brought with them large droves of slaves.

This recognition of the fertility of the soil and appreciation of the phenomenal future ahead of the town was not confined to home-seekers alone, but was shared by some of the nation's greatest men who foresaw an investment in the ownership of these lands, which promised a rich reward. Most noteworthy among these national figures was General Andrew Jackson, who acquired vast areas of Madison county lands. General Jackson's visits to Huntsville were not confined to attendance upon land sales alone. His frequent sojourns here made him intimate to this settlement, which held for him the highest esteem and warmest regard. A narrator of the times records that General Jackson's visits to the hostelry of one Connally, - the "Old Green Bottom Inn," were oft repeated. There - as legend has it - General Jackson "raced his horses and fought his cocks." A portion of this once famous tavern ; - and it was famous, being the mecca of sporting men from all parts of the South - still stands. Likewise, at this writing, the dining-room of the Inn and the table off which General Jackson ate are still preserved. That portion of this old tavern, which was constructed of gray limestone, still remaining, is now occupied by the president of the State Agricultural and Mechanical College for Negroes, at Normal, Alabama, four miles north of Huntsville. The proprietor of the tavern was a race horse breeder of no mean renown, for here at the "Old Green Bottom Race Track," which was operated in connection with the

The first census for Madison county, taken in 1816, shows a population of 14,800. What per cent of this was colored, is not known. That history, in its record of events, properly interprets them to be a reflection of the boom spirit of the times, cannot be doubted, when we learn that in 1820, just four years later, the second census was taken, revealing an increase in the population of the county of over 5,000. There were then, in all, 19,565 inhabitants ; 10,342 of whom were white, and 9,323 colored. The aggregate population was three times that of any other county in the State ; while the white population itself was in the same proportion to that of any other county.

These years were verily the brightest and most prosperous, and held more promise, than any yet enjoyed by Huntsville and its inhabitants. This brilliant and all alluring kaleidoscopic view of the future of the town was not without its warrant. The United States was at peace with the world, the surrounding wilderness had been wrested from the Indians, cotton was selling in an eager market at 20c to 25c per pound. Here more pounds per acre could be produced than most anywhere. The first and only bank, for a time in the State, being located here, and the Government Land Office, tended to make it the axis around which revolved all things commercial and political pertaining to the Territory. Land values had reached their zenith. Railroads being then unknown, perforce, navigation was regarded as the only possible medium of transportation. A feverish enthusiasm was manifested on all sides in the lock and dam project of the Indian Creek Navigation Company, to render the Big Spring branch and Indian creek the artery of commerce to the Tennessee river, and thence to the outside world. The town was crowded with people ; hotels were taxed to their utmost limit to lodge the throngs of transients ; the bank itself was inadequate to the times, and could not care for the commercial interests of the community. So general was the recognition of the merited yet over weaning mastery and domination by Huntsville of the commercial and political life of the whole State, that, in spite of its geographic location, the economic necessity and advantage of making Huntsville the capital of the State was boldly contended for by her prominent men, and freely admitted by other leaders of thought from all parts of the State.

Territorial Constitutional Convention

During these years the population of the entire territory had grown apace, and in 1819 there were within the limits of the Alabama Territory sufficient numbers to warrant the admission of Alabama into the Union. Accordingly the formalities attending the genesis of a new State being attended to, Congress, on March 2, 1819, passed an act authorizing the people of the Alabama Territory to hold a convention at Huntsville for the purpose of drafting a State Constitution.^ Pursuant to this act, an election was held throughout the Territory of Alabama, on the first Monday and Tuesday in May of that year, for the purpose of choosing delegates to this Convention, to be held on the first Monday in July following. Representation in this assembly was apportioned by the act, according to population - Madison having eight delegates, twice as many as the next highest county, Monroe, which had four ; there were forty-four in all from the twenty-two counties then forming the State.

Agreeable to what had been done, the Convention assembled at Huntsville on the first Monday in July, with John W. Walker, of Madison, presiding. Madison's other delegates were Clement Comer Clay, J. L. Townes, Henry Chambers, Lemuel Mead, Henry Minor, Gabriel Moore, and J. M. Taylor. Judging from the record of success, in public life, achieved by Madison's representatives in this historic assembly, she must have occupied an enviable and exalted position of leadership in the councils of that body. Upon the floor of that house she was undeniably the peer of all comers, with such men as Chambers and Clay accredited to her.

The meetings were held in an assembly hall, now long since removed, which occupied the northwest corner at the intersection of Franklin and Gates streets ; the spot being now marked by a handsome bronze tablet erected by the Daughters of the American Revolution. Later, after its admission to the Union, the first session of the Legislature of the State of Alabama was held in that same building.

The business of the Convention having been transacted in due course, Alabama was admitted into the sisterhood of states. On the second day of August, 1819, a proclamation, accepting on behalf of the people of Alabama, the obligation of statehood, was promulgated by J. W. Walker, as president of the Convention.

Alabama being now a State, public attention turned to the selection of officers to administer the three separate branches of government. This was becomingly done with all due haste.

The executive office was first occupied by William Bibb, who had defeated Marmaduke Williams, by one thousand majority. The total vote polled for both candidates for governor being fifteen thousand. Governor Bibb was inaugurated at Huntsville, on November 9th, 1819. Huntsville was then the temporary capital of the State. Later, the seat of government was removed to Cahaba, on account of its more central geographic position. Madison county was represented in the first State Legislature by Sam Walker, Gabriel Moore, E. Moody, James G. Birney, G. Lampkin, Sam Chapman, J. L. Townes, F. Weeden, and L Wilborn. LTnder the first State Constitution, cities and towns were entitled to separate representation in the general assembly.

While the Legislature was in session at Huntsville, a bill was passed, incorporating Triana, on the 13th day of November, 1819.® Later, on December 20th of that year, this act was amended" by providing for the election of a president of the board of trustees, the governing body consisting of five members. Shortly after the incorporation of Triana, the trustees proceeded to lay off the town into streets, blocks, and lots. At this time, the plan to render the Tennessee river navigable for large steamers was considered by Huntsvillians to be an assured success ; thus making possible the realization of their most cherished dream, that, Triana should become the largest shipping point and cotton center in the entire State. This confidence in the future of Triana, as a commercial center was likewise shared by many investors of wealth and influence from all parts of the State. The profits accruing to the corporation from the sale of town lots, most of which were purchased by inhabitants of Huntsville and environs, aggregated $90,000.00. With speed, commensurate with the magnitude of the task, the trustees set about making ready for the reign of prosperity of Triana was certain to enjoy in the immediate future, as they believed. Public buildings were erected, and large sums were expended in other municipal imjjrovements. But, alas for Triana. The march of progress had no consideration for, and gave no heed to the plans and aspirations of her people. With the coming of railroads, a new factor in the world of commercial activities arose, revolutionizino^ the ageold methods of transportation. Triana was subjected to the inexorable fate of ultimate extinction.

With the designation of Huntsville, by Congress, as a meeting place for the Constitutional Convention, came recognition of its leadership in all matters pertaining to the commercial, governmental and political life of the Alabama Territory. Tribute to this supremacy was paid by no less a personage than the nation's chief executive. President Monroe, who visited the town in company with two cabinet officers on Tuesday, June 1st, 1819.^^ Flurry and excitement greeted the presidential party as it rode into the town on horseback, unannounced. Later, Clement Comer Clay at the head of a delegation of distinguished citizens called upon the president at his inn, and extended formal welcome to the town. The next day, Col. Tobey Jones entertained the presidential party with an elaborate banquet, at which were present one hundred of Huntsville's most prominent citizens. This memorable dinner was served in the assembly hall of the old frame building which stood till about twelve years ago, upon the southwest corner at the intersection of Franklin and Gates streets. It was in this same building that William Bibb was inaugurated as first governor of the State of Alabama, on November 9, 1819.

So great were the commercial activities of the community during this period, that money became very scarce, and promissory notes secured by droves of slaves, were to a great extent substituted therefor as a medium of exchange. This situation seems to have been acute and so fundamental, that "quo warranto" proceedings were instituted against the Planters' and Merchants' Bank, at Huntsville. Later, the directors of the bank, having given pledges by bond for the ultimate security of its business, the Legislature, by act of December 24th, 1832, suspended the quo warranto proceedings pending the resumption of specie payment by the bank not later than the 10th day of November, 1823. It was further provided that the charter of the bank should become void, if all payments were not made in specie on and after January 21st, 1824.^-

The author after a diligent search of the records of those times, has been unable to find mention of the dissolution of the bank, as contemplated by that act of the Legislature. Hence the inference is indulged that the pressure of the times was reHeved, and that this condition of the bank's affairs was adjusted in due course.

Madison county now had within its confines three incorporated towns. In addition to Huntsville and Triana, Hazel Green had been granted a charter by the Legislature on the 15th day of June, 1821, providing a government by a board of trustees. The first election of trustees was held on the first Saturday in August of that same year, at which all white male citizens over the age of twenty-one years residing within the limits of the town were permitted to vote. The town limits were as follows : "Beginning at a marked line on the Meridian road, near Robert Irwin's store and running north one-half mile so as to include all the space contained in one-fourth of a mile east and west of said road."**

The growth and development of Huntsville was unmistakably well rounded and proportioned. Every phase of municipal life had received its due consideration. Proper provision was made to stabilize and render permanent all those institutions contributing to the safety and well being of the inhabitants. It would appear, however, that in doing so the Legislature was called upon to work over time.

By act of December 10, 1882. Preston Yeatman and fortyeight others, members of the "Huntsville Fire Engine Company," were chartered as a body corporate, with the management of its affairs in a board of nine directors.*^

Educational

Though much of the attention of her people was devoted to their own commercial and professional pursuits, and her material development, Huntsville's educational interests were not neglected. During these years numerous excellent private schools had been established in all parts of the county.

The first institution of learning established in the county, to receive aid from the State, was "Green Academy." To it a charter was granted by act of the Mississippi Territorial Legislature, on November 25, 1812, with William Edmonson, John Braham, William Lesley, James McCarty. Peter Perkins, Charles Buris, William Derrick, James Neeley, John Grayson, Henry Cox, Bennett Woods, Samuel Allen, Andrew K. Davis,

William Evans, and Nathan Powers, as trustees/^ Green Academy was the first institution of its character established in the Territory. Agreeable to the act chartering Green Academy, the trustees held their first meeting at the court house of the county on "the Saturday preceding the third Monday in April," following, and proceeded "by lottery" for the benefit of said academy, to raise a sum not exceeding four thousand dollars.*^ Additional trustees for the academy were appointed by an act of January 22, 1814.

On December 13, 1816, the Legislature appropriated for the academy the sum of $500 from the funds in the Territorial Treasury.^^ This, and the other moneys raised by lottery for the construction of academy buildings, remained unemployed for some time ; the business of housing the institution not being completed till 1819, presumably from a lack of adequate funds.

The aid necessary for the erection of buildings was provided by the Territorial Legislature, by act of November 21, 1818,^'' whereby the Planters' & Merchants' Bank at Huntsville was authorized to increase its capital stock, and sell at public auction shares of the same, ninety per cent of the profits or excess arising from such sales to enure to the benefit of the Academy. By the same act, Lemuel Mead, Henry Chambers, Henry Minor, John M. Taylor, Clement C. Clay, and John William Walker, were designated as additional trustees.

The profits accruing to the academy from the sale of said bank stock were $2,000.00. This, together with the other moneys on hand, was employed - after a brief time - in the construction of academy buildings, on the lot now occupied by the city school of Huntsville, on the northeast corner, at the intersection of East Clinton and Calhoun streets.^^ d This method of raising moneys for public purposes had almost universal application, and was frequently resorted to and authorized by the Legislature.

cation. For a long number of years it was the only institution affording advanced education, in the northern part of the State. Here most of the prominent men in this part of the country were trained. It was virtually without competition and had no peer in its field of service till the State University was established and was well under way.

Nor was the thought and effort of the people in matters educational, confined, alone to the tutelage of their youth. Religious organizations - of which, more later - and fraternal and social societies were yielded their moiety of consideration also. And it is not inappropriate to record here that the Huntsville Masonic Lodge was the first chartered in the State ; having operated continuously under a dispensation from the Grand Lodge of Kentucky, granted it in 1811. A legend of the times proclaims that General Andrew Jackson, while on his frequent visits to Huntsville, often attended the meetings of the lodge, held in its present temple, situated on Lincoln street at the corner of Williams street.

Though probably not germane to the subject of education in its strictest sense, it is interesting to note the growth of sentiment in opposition to the custom of dueling. As early as February lOh, 1807, we find the Legislature of the Mississippi Territory memoralizing upon the subject, thus: "Whereas, from a false sense of honor, the inhuman, injurious and detestible practice of dueling, has been too often and unhappily resorted to, as a mode of adjusting or settling differences of small magnitude, between individuals ; and whereas, this barbarous and savage conduct has of late attained a great degree of prevalence, to the destruction of the lives of some valuable members of society, and involving the feelings of others, who from principle and respect for the laws of their country, will not engage in this pernicious practice. Be it further enacted, etc.,"" therein proceeding to make it an offense against the laws of the Territory, and further requiring judges to charge the grand juries specially in respect thereto. That the business of dueling was done "decently and in order," when conducted according to the mandates of "The American Code of Honor," which, among gentlemen of the South, was as inflexible as the laws of the Medes and the Persians, can be little doubted. And the author, at the risk of wearying his readers, takes the liberty of here setting out this code in full ; for, perchance, it may aid

Par. (1). Whenever you beHeve you are insulted, if the insult be in public, and by words or behavior, never resent it there, if you have self-command enough to avoid noticing it. If resented there you offer an indignity to the company, which you should not.

Par. (2). If the insult be by blows, or any personal indignity, it may be resented at the moment, for the insult to the company did not originate with you. But although resented at the moment, yet, you are bound still to have satisfaction, and must therefore, make the demand.

Par. (3). When you believe yourself aggrieved, be silent on the subject, speak to no one about the matter, and see your friend, who is to act for you, as soon as possible.

Par. (4). Never send a challenge in the first instance, for that precludes all negotiations. Let your note be in the language of a gentleman, and let the subject matter of the complaint be true and fairly set forth, cautiously avoiding attributing to the adverse party any improper motives.

Par. (5). When your second is in full possession of the facts, leave the whole matter to his judgment, and avoid any consultation with him, unless he seeks it. He has the custody of your honor, and by obeying him you cannot be compromised.

Par. (6). Let the time of demand upon your adversary, after the insult, be as short as possible ; for he has the right to double that time in replying to you, unless you give some good reason for your delay. Each party is entitled to reasonable time to make the necessary domestic arrangements, by will or otherwise, before fighting.

your principal that you will be governed only by your own judgment, that he will not be consulted after you are in full possession of the facts, unless it becomes necessary to make or exact the amend honorable, or send a challenge. You are supposed to be cool and collected and your friend's feelings are more or less irritated.

Par. (2). Use every effort to soothe and tranquilize your principal ; do not see things in the same aggravated light in which he views them ; extenuate the conduct of his adversary whenever you see clearly an opportunity to do so, without doing violence to your friend's irritated mind. Endeavor to persuade him that there must have been some misunderstanding in the matter. Check him if he uses opprobrious epithets toward his adversary and never permit improper or insulting words in the note you carry.

Par. (3). To the note you carry in writing to the party complained of you are entitled to a written answer, which will be directed to your principal, and will be delivered to you by his adversary's friend, if this note be not writen in the style of a gentleman, refuse to receive it and assign your reasons for such refusal. If there be a question made as to the character of the note, require the second presenting it to you, who considers it respectful, to endorse upon it these words : "I consider the note of my friend respectful, and would not have been the bearer of it if I believed otherwise."

Par. (4). If the party called on refuse to receive the note you bear, you are entitled to demand a reason for such refusal. If he refuse to give you any reason, and persists in such refusal, he treats not only your friend but yourself with indignity, and you must then make yourself the actor by sending a respectful note, requiring a proper explanation of a course he has pursued toward you and your friend, and if he still adheres to his determination you are to challenge or post him.

Par. (5). If the person to whom you deliver the note of your friend declines meeting him on the grounds of inequality, you are bound to tender yourself in his stead, by a note directed to him from yourself, and if he refuse to meet you, you are to post him.

Par. (6). In all cases of the substitution of the second for the principal, the second should interpose and adjust the matter if the party substituting avers that he does not make the quarrel of his principal his own. The true reason for substitution is, the supposed insult of imputing to you the like in- equality which is charged upon your friend, and when the contrary is declared, there should be no fight; for individuals may well differ in their estimates of an individual's character and standing in society. In the case of a substitution and a satisfactory agreement you are then to inform your friend of all the facts w^hose duty it should be to post in person.

Par. (7). If the party to whom you present a note employ a son, father or brother, as a second, you must decline acting with either, on the ground of consanguinity.

Par. (8). If a minor wishes you to take a note to an adult, decline doing so on the grounds of his minority. But if the adult complained of has made a companion of the minor in society, you may bear the note. -

Par. (9). When an accommodation is tendered, never require too much ; and if the party offering the amend honorable wishes to give a reason for his conduct in the matter, do not, unless offensive to your friend, refuse to receive it ; by so doing you heal the breach the more effectively.

Par. (10). If a stranger wish you to bear the note for him, be well satisfied, before you do so, that he is on an equality with you, and in presenting the note, state to the party the relationship you stand towards him, and what you know and believe about him ; for strangers are entitled to redress for wrong as well as others, and the rules of honor and hospitality should protect them.

Par. (1). When a note is presented to you by an equal, receive it, read it, although you may suppose it to be from one you do not intend to meet, because its requisites may be of a character which may be readily complied with. But if the requirements of the note cannot be acceded to, return it through the medium of your friend, to the person who handed it to you, with your reason for returning it.

Par. (2). If the note received be in abusive terms, object to its reception, and return it for that reason, but if it be respectful return an answer of the same character, in which, respond and openly to all interrogatories fairly propounded, and hand it to your friend, whom, it is presumed you have consulted, and who has advised the answer, directed to the opposite party, and let it be delivered to his friend.

posted ; one that has been pubhcly disgraced without resenting it ; one whose occupation is unlawful ; a man in his dotage and a lunatic. There may be other causes, but the character of those enumerated will lead to a correct decision upon those omitted. If you receive a note from a stranger, you have a right to a reasonable time to ascertain his standing in society, unless he be fully vouched for by his friend.

Par. (4). If a party delays calling upon you for a week or more after the supposed insult, and assigns no cause for the delay, if you require it, you may double the time before your reply to him ; for the wrong cannot be considered aggravated if borne patiently for some days and the time may have been used in preparation and practice.

Par. (1). When consulted by your friend, who has received a note requiring an explanation, inform him distinctly that he must be governed wholly by you in the progress of the dispute. If he refuses, decline to act on that ground.

Par. (2). Use your utmost efforts to allay all excitement which your principal may labor under, search diligently into the origin of the misunderstanding; for gentlemen seldom insult each other, unless they labor under some misapprehension or mistake ; and when you discover the original ground of error, follow each movement to the time of sending the note, and harmony will be restored.

Par. (3). When your principal refuses to do what you require of him, decline further action, on that ground, and inform the opposing second of your withdrawal from the negotiation.^"

References: - Brewer's Alabama; Judge Taylor's History of Madison County; Northern Alabama; Huntsville Directory 1859; Parton's Life of Jackson; kindness of many older citizens ; newspaper files and clippings.

10 This compilation of tlie Code, by Mr. Wilson, Is very probably of a later date than that here dealt with in this chapter, however, so far as the author lias been able to ascertain, the fundamental principles of the American Dueling Code have remained unchanged throughout all time, and no doubt are the same, even as to detail, prevailing during this period.

Commercial Development

HAVING, in the chapter just preceding, traced the development and growth of Huntsville from its founding to this period, so Aladin-Hke in its brilliancy, the reader of these pages will, no doubt, pursue with keen interest history's record of her unstayed commercial development.

As we have already observed, the census of Madison county, taken in 1820, showed a total population of 19,565, an increase of 5,365 over that of 1816.^ Though this enumeration of the county's inhabitants did not reveal what proportion thereof were residents of Huntsville, the census of the town taken two year's later furnishes a fair basis for estimating its population at that date. This census of 1822 discloses that living within the corporate limits were :

Huntsville with a total white population of 833, in these early days was a veritable "center of population." No town in Alabama, and few in this part of the South, had greater numbers. Nor was the country - as a place of residence - deserted. Much of the refinement and wealth of the county was still to be found in the spacious and magnificent homes upon the plantations.

The county, according to statistics of Alabama, gathered in 1821, had within its limits twenty-two doctors, and (nothwithstanding this) 1,520 free white males subject to poll tax. The assessed value of time-pieces belonging to the inhabitants was $9,264.25, there being in the county fifty-six gold and one hundred and ninety-nine silver watches and thirty-six clocks.^ The number of doctors, polls taxable, and the chattels mentioned, being three times greater than that of any other county in the State.

The commercial interests of the community developed apace with its advance in population, and a healthy condition of thrift and prosperity attended all business interests.