y 
 
 CENTENNIAL ADDRESS 
 
 ox THE 
 
 HISTORY OF MARSHALL mm 
 
 DEUYERED BY 
 
 A. M. CLAYTON, 
 
 AT 
 
 HOLLY SPRINGS, MISSISSIPPI, 
 
 AUGUST i2th. 1S76. 
 
 ^■'- ^r 
 
 WASHINGTON, D. C. : 
 R. O. POLKIXHORN, PRINTER. 
 
 1880. 
 
CENTENNIAL ADDRESS 
 
 ON THE 
 
 HISTORY «F lAHAlL COUNTY 
 
 DELIVERED BY 
 
 a! M.CLAYTON, 
 
 AT 
 
 HOLLY SPRINGS, MISSISSIPPI, 
 
 AUGUST i2th, 1876. 
 
 WASHINGTON, D. C. : 
 
 R. O. POLKINPTORN, PRINTER. 
 
 1880. 
 

ADDRESS. 
 
 Fellow-Citizens : 
 
 I appear before you to-day, in response to your 
 request, to deliver a lecture on the History of Mar- 
 shall County. I thank you for the invitation. With 
 me, this is a labor of love. Forty years, save two, I 
 have lived within its borders, and borne my humble 
 part in its struggles. After that period, full as it is 
 of vicissitudes, wider in their range than almost any 
 other in human experience, only a few of the early 
 actors remain. The forms of those with whom I once 
 associated, in the stirring scenes of busy life, and who 
 have gone to the unknown land, flit palpably l)elbre 
 me. We recall them for a brief moment, when we 
 and they will alike vanish from the stage and be 
 heard no more. 
 
 This county is just forty years old. Its name bears 
 evidence to the deej^ and strong attachment of its 
 people to the Constitution and the Union, and to the 
 memory of the man whose genius vitalized that Con- 
 stitution, and breathed into it the breath of life — 
 John Marshall. 
 
 The territory of Mississippi was organized in 1798, 
 and then constituted but a small part of what is now 
 the State. Its southern boundary was the 31st par- 
 allel, its eastern the Chattahoochey river, its western 
 the Mississippi, and a line drawn from the mouth of 
 the Yazoo to the Chattahoochey its northern. In 
 1802 Georgia ceded all her lands south of the Ten- 
 nessee river to the United States, and these, by an 
 act of Congress in 1804, were attached to the Missis- 
 sippi territory, which thus comprised the whole of 
 
what are now the States of Mississippi and Alabama 
 from the 31st to the 35th parallel. The region be- 
 tween the 31st parallel and the Grulf was occuiDied by 
 the Spaniards as our ally during the Revolutionary 
 war, and Spain afterwards set up title to it. The Su- 
 preme Court of the United States decided this claim 
 on the part of Spain to be invalid, and in 1811 the 
 country below the 31st parallel, and between the 
 Pearl and Perdido rivers, was added to the territory 
 of Mississipi^i. These constituted the boundaries of 
 the State, when it was admitted in 1817, excejDt in 
 the east, where the line which separates it from Ala- 
 bama was established. The true location of the line 
 of the 35th parallel, at a later day, caused some dif- 
 ference between this State and Tennessee, which was 
 after the organization of this county, adjusted by a 
 new survey. In this controversy Marshall lost a slip 
 of valuable territory. 
 
 At the time of its admission into the Union, there 
 were but fourteen counties, sparsely inhabited, and 
 confined to the region bordering the old Spanish line 
 of demarcation at 31°, and extending to the old Choc- 
 taw line. More than two-thirds of the country was 
 in possession of the Indians, and its entire population, 
 inclusive of the Indians, was 75,000, one-half of whom 
 were slaves. Allured by the exuberant fertility of 
 the soil, the people of the surrounding States flocked 
 in and began to press upon the natives. In 1829 the 
 legislature extended the jurisdiction of the State over 
 all the Indian territory in its bounds, and subjected 
 them to its laws. They became impatient of the en- 
 croachments of the whites, and of the restraints of 
 law ; and, hence, in 1830, the Choctaws. by the treaty 
 of Dancing Rabbit Creek, and in 1832, the Chicka- 
 saws, by the treaty of Pontotoc, ceded all their re- 
 maining lands to the United States, and moved west 
 of the Mississippi River. Almost coeval with these 
 treaties an increased tide of population 1)egan to flow 
 
in, and a career of most unexampled prosperity was 
 entered upon by the comers. Not only did the res- 
 idents of the Southern States come to seek homes, 
 but companies with large capital from Boston and 
 New York made extensive investments in lands. 
 
 In its native state it was a most lovely region, and 
 no one could look on its beautiful prairies, and its 
 forest lands covered with variegated flowers, without 
 longing to make it his home. No wonder the In- 
 dians chanted their almost funeral dirge when they 
 bid their last farewell to its lovely vistas. 
 
 Out of the Chickasaw Nation twelve large counties 
 were formed by the legislature in 1836, and of these, 
 it is but truth to say that the county of Marshall, 
 whose history we have met to commemorate to-day, 
 stood highest in public favor, and took the lead in 
 numbers. In wealth, in refinement, in moi^l and in- 
 tellectual force, whilst it challenges no preeminence 
 over its sisters, it may at least claim equality. These 
 newly organized counties were the most populous in 
 the State ; and her numbers gave to Marshall four 
 members in the Lower House, and a Senator, the 
 largest representation of any county in the State, and 
 hence, her designation of Empire county. A distinc- 
 tion not always to her advantage. 
 
 The old counties of the State, seeing that power 
 was about to pass from tlieir hands, through their rep- 
 resentatives in the legislature, in 1837, opposed the 
 admission of the members from the new counties upon 
 purely technical grounds. S. S. Prentiss, Amos R. 
 Johnston and other distinguished men, took the lead 
 in this opposition. It proved unavailing, and there- 
 after the now counties were accorded their just weight 
 in the councils of the State. But Messrs. Prentiss, 
 Johnston and twenty others put an earnest protest 
 upon the journal against this action. 
 
 Marshall was never behind in her contribution of 
 talents to the Legislature. In the earlier period of 
 
6 
 
 her history, the two great political parties were so 
 nearly equal in strength, that the members were gen- 
 erally divided between them. Kyle the first Senator, 
 Harley, Matthews, Greer, Mason in the Senate were 
 always equal to the grave responsibilities which de- 
 volved upon them. Barton, Bradford, Hill, Josselyn, 
 Kemp, Holland, Autry, at one time Speaker of the 
 House, Thomas, Mott, Totten, Wyatt, Benton, Crump, 
 Withers, Malone, and a long list of other distinguished 
 names were honored members of the Lower House. 
 Mr. Totten was elected Speaker in 1844. To the 
 United States Senate she furnished Trotter and Chal- 
 mers, and Matthews to the office of Governor. She 
 sent Watson to the Confederate Senate, Clapp to the 
 Lower House, and Clayton to the provisional Con- 
 gress. In the Supreme Court of tlie State, she was 
 represented at dilferent times by Trotter and Clay- 
 ton ; in the Yice-Chancery Court by Chalmers, and 
 in the Circuit Court by Huling and Scruggs and Trot- 
 ter, 
 
 Huling was first, elected when the Judicial system 
 was extended to the Chickasaw counties, and was 
 commissioned for the "term prescribed by the con- 
 stitution ;" which was four years. Before the expir- 
 ation of that time, a general election came on, and 
 Howry, of LaP'ayette, was elected in this circuit. 
 Huling contested the election and refused to sur- 
 render his seat. The contest became very angry and 
 excited, and at the opening of Court in Holly Springs, 
 the first in the circuit, was very near culminating in 
 armed collision. The members of the bar were un- 
 willing to try their cases before either contestant, 
 they therefore made an agreed case, and referred the 
 decision of the controversy to the Supreme Court, 
 That tribunal held, that although Huling's commis- 
 sion called for the constitutional term of four years^ 
 yet his time expired at the general election. The 
 letter of the constitution hardly warranted this de- 
 
cision, but the spirit might, and it was made to bring 
 about uniformity in the holding of the Judges, and 
 to prevent a constantly recurring series of judicial 
 elections. It met with universal acquiescence, and 
 has furnished the unquestioned rule in subsequent 
 cases. 
 
 The ordinary routine of legislation in the State 
 was too common-place to call forth any special no- 
 tice. But in 1841 a question arose which created 
 great agitation throughout the State, and was carried 
 into Jhe Legislature. That question was, as to the 
 obligation of the State to pay the Union Bank Bonds. 
 It was one wholly of law, and of the validity of the 
 Bonds under the constitution. In this county, Mat- 
 thews, the Senator, and Greer and Hill, two of the 
 representatives elect, were anti-bond ; Bradford and 
 Wyatt were for their payment. The people of the 
 State voted against their validity, and resolutions 
 were passed by the Legislature in accordance with 
 that vote. The members from this county voted 
 three for^ — ^one, Bradford, against them ; Wyatt ab- 
 sent. I do not intend to enter into the arguments 
 on either side. I was personally in favor of their 
 payment, and will therefore be more readily par- 
 doned for saying, that all ' governments, empires, 
 monarchies, and republics are mere corporations. 
 The Supreme Court of the United States has time 
 and again decided against the validity of Bonds is- 
 sued by municipal corporations, cities, towns, counties, 
 upon gi'ounds not more strong, and objections not 
 more forciljle, than were urged against these Union 
 Bank Bonds. The Supreme Court of our State held 
 them to be valid and binding, but had no power to 
 enforce its judgment. The subject has recently re- 
 ceived a final quietus, by the enactment of a consti- 
 tutional provision forljidding their payment. 
 
 The influence of the resolution of the Legislature 
 in 1842, not to pay the Union Bank Bonds, reached 
 
8 
 
 far beyond what any one then dreamed of, and 
 returned after many days to plague us, In the midst 
 of our civil war, the Confederate Governments sent 
 a financial agent abroad to negotiate a loan. The 
 prospect of success in the efibrt was at first flattering, 
 but the Government of the United States sent a 
 special agent to defeat the attempt. That agent re- 
 ported that President Davis was a citizen of Missis- 
 sippi, and a leader in the cause of what he called re- 
 pudiation, and hence asserted that any loan to the 
 Confederate Government would be likewise repudi- 
 ated. This representation, although entirely without 
 foundation in truth, had the desired effect, the nego- 
 tiation fell through, and the failure was well nigh as 
 disastrous to the cause, as the battle of Gettysburg. 
 Robert J. Walker, once a Senator in Congress from 
 this State, shot this Parthian arrow. 
 
 Holly Springs, the county seat of Marshall, was in- 
 corporated in 1837. The owners of the land on 
 which the town was located, made a donation of 
 fifty acres to the corporation, and this sold for enough 
 to build an excellent Court House and jail, and to 
 lay the foundation of establishing the Holly Springs 
 Female Institute, so long and favorably known. Its 
 educational advantages, were from its earliest day, of 
 a high order. This was especially true in regard to 
 schools for girls. They extended unusual facilities 
 for learning, under the guidance of enlightened and 
 experienced teachers. These benefits attracted the 
 residence of families of wealth and refinement, who 
 came from a distance to secure the education of their 
 children. They brought with them a high standard 
 of religious, moral, and intellectual culture, and gave 
 a character of unusual elevation to the place. This 
 was so eminently the case, that in a very short time 
 its population was over 4,000 and its real estate, in 
 demand at high prices. 
 
 The University of Holly Springs, first known as 
 
the Holly Springs Literary Institution, was chartered 
 in 1839, but never came up to the expectations' lield 
 out b}''' its title. Willi a capacity scarcely equal to 
 that of a good grammar school, its performance fell 
 so far short of its promise as to inflict serious injury 
 on the place. Holly Springs would probably have 
 been selected as the seat of the StateUniversity, if its 
 application had not been met with the reply, you 
 have one University, let some other place have this. 
 Under the shadow of the State University, that at 
 Holly Springs withered into decay, and has given 
 place to the Chalmers Institute. 
 
 St. Thomas' Hall, a High school for boys, was es- 
 tablished in the year 1844, by the Rev. Dr. Hawks, 
 of the Episcopal church, founder also of an institution 
 of the same name at Flushing on Long Island, New 
 York. With an able and learned corps of teachers, 
 it achieved a high reputation and attracted a large 
 number of pupils. Whitehorn and Sears, two of its 
 teachers, afterwards became professors in the Uni- 
 versity of this State. The former, a graduate of one 
 of the English Universities, was the best classical 
 scholar we have ever had amongst us. His father 
 held a plantation in the Island of Jamaica, and was 
 ruined by the Act of Emancipation there ; hence the 
 son came to the South in pursuit of fortune. The 
 latter is still Professor of Mathematics in the Univer- 
 sity of Mississippi. St. Thomas turned out many of 
 the young men, who obtained distinction in the public 
 service, in the last war — Walthall, Mott, Chalmers, 
 Autry, AV'iiliam and Stagy Watson, Daniel Govan, 
 Archibald McNiel, of Louisiana, Andrew and George 
 Govan, R. S. Stith, Howard, and Kinloch Falconer, 
 Arthur Claj'ton, Arthur Harris, Dunlap, and three 
 Finleys, Jos. Mayer, two Talbots, three Hollands, two 
 Moores, Roger and Hugh Barton, Emmet and Will- 
 iam Clayton, two Hills, Andrew Mills, and Wal- 
 ter Goodman. The place still maintains its high 
 
10 
 
 reputation for the superior excellence of its 
 ^r*nools 
 
 Various other places in the county have been noted 
 for their excellent schools— Chulahoma, the Marshall 
 Institute, Byhalia might be mentioned without inten- 
 ded derogation to others. Lamar should also be men- 
 tioned, founded by Spearman Holland, and deriving 
 its name from M. B. Lamar, President of Texas. 
 
 The devotional character of its people has always 
 been a marked feature of our Society. Churches of 
 different denominations are scattered all over the 
 County. They have lived on terms of entire harmony, 
 without any of the bitter dissensions which so often 
 agitate religious communities. No where_ has the 
 great principle of rehgious Hberty met with more 
 unqualified recognition. Li point of membership 
 the Methodists have exceeded all others, whilst the 
 Baptists, Presbyterians, Episcopalians, and Campbell- 
 ites all have respectable foUowings. 
 
 Of these various denominations, men of high char- 
 acter and estabhshed reputation frequently had charge. 
 Among Episcopahans at Holly Springs, the Rev. Dr. 
 F. L. Hawks was for a time their pastor. He came 
 here from the great city of New York, where he held 
 distinguished position as Rector of St. Thomas' Church. 
 He was a most polished orator, a highly cultivated, 
 scholar, and author of some literary works of ac- 
 knowledged excellence. The marked feature in his 
 character, was the graceful simplicity of his eloquence. 
 With no high wrought periods, with no straining after 
 effect, he could do more with a wave of his hand, or 
 by the intonation of his voice, than other men by 
 the most elaborate effort. He came as he said, bro- 
 ken with the storms of life, to seek in the compara- 
 tive village of Holly Springs, the ease, and calm, and 
 repose, which he di'd not findin the great Commercial 
 Emporium. Afterwards elected Bishop of this Dio- 
 cese, he was not confirmed by the House of Bishops, 
 
11 
 
 and his restless spirit weary of the tedium of village 
 life, again sought companionship in wider spheres. 
 He went to New Orleans, thence returned to New 
 York, became pastor of Calvary church there and 
 died in its charge. Another man of distinction who, 
 at a later day, had charge of this church, was the 
 Rev. Mr. Ingraham, author of the Prince of the House 
 of David, and other works, which gave him a good 
 deal of reputation. He was killed in the vestry room, 
 by the accidental discharge of a pistol in his own 
 hand, in the early period of the war. 
 
 The Presbyterian church, has likewise had men of 
 marked piety, ability and learning, to direct its des- 
 tinies. Among the first of these in every respect was 
 the Kev. Samuel Hurd. He was a ]nan of large ac- 
 quirements, of rare excellence, and of exemplary 
 worth, but liis efficiency as pastor was greatly lessened 
 by bad health. 
 
 The Rev. Daniel Baker, an eminent revivalist, also 
 had charge of this church at a later day. A man of 
 blameless life, but one who, like St. Paul says of him- 
 self, "profited above many of his equals by his ex- 
 ceeding zeal." 
 
 The Methodists have always been a numerouvS and 
 powerful body. Many of their ministers have been 
 men of marked ability and energy in their professions, 
 and of earnest, high, rehgious and moral character. 
 Their separation from the Northern church drove the 
 entering wedge into the controversy which ended in 
 civil war. This may seem strange, because their 
 great founder, John Wesley, was one of the leading 
 spirits of Exeter Hall, and a thorough opponent of 
 slavery. Their struggle for religious liberty led them 
 by an easy transition into a struggle for civil and po- 
 litical freedom, and shows they would not surrender 
 their own convictions to the opinion of any leader. 
 
 The Baptists have also always maintained a high 
 reputation for (/hristiau virtues and unassuming piety. 
 
12 
 
 The Roman Catholics, almost unknown here in the 
 early history of the comitrj^ now have a church, with 
 numerous members, mostly foreigners. There are 
 but few Germans amongst them. It is a notable 
 feature, that in the days of Luther, the Germans 
 were in the van of the Reformation, and that they 
 now lead the way in the march of infidelity. 
 
 The Press, next to the Pulpit, is ever the safest 
 guardian of public morals, and best promoter and 
 preserver of public virtue. Holly Springs has always 
 had one or more good newspapers. The' first ever' 
 published was a Democratic paper by E. Percy Howe,, 
 the name of which cannot be recalled. The editor, a 
 sensitive, shy, retiring man was seldom seen on the 
 streets, and known only to very few. He was a strong, 
 original, discriminating writer, but of limited cultiva- 
 tion. Then there was a jDaper published for a short 
 time by Patillo & Curtis, Democratic in its politics. 
 The Conserfiitive, a Whig paper, was published by 
 Foster & Falconer, followed by the Holly Springs- 
 Gazette by T. A. Falconer. The first number of this 
 paper was issued July 28th, 1841, and continued nine 
 years. The Holly Springs Banner, a Whig paper, was 
 conducted by George A. Wilson, a man of vigorous 
 intellect and for some time District Attorney. The- 
 Marshall Guard, a Democratic paper, was begun first 
 January, 1842, by Robert Josselyn — lived several 
 years and was a highly respectable paper. 
 
 In November, 1847, the Weekly Jacl'sonian was 
 commenced by Lloyd Selby and kept up for four 
 years, and was succeeded by the Marshall Jefferso- 
 nian, with Wyatt Epps, editor, November 1851, 
 
 The first number of the Mississippi PalkKliinn a 
 Democratic States' Rights paper, was issued April 25, 
 1851, Henry Stith editor, Thomas A. Falconer pub- 
 lisher. Judge Stith was a forcible writer, with a 
 clear conception of Constitutional law, and did good 
 service to his party. Falconer had been an old time 
 
13 
 
 Cla3''-whig, but when the new issues arose, he declared 
 m favor of State Rights, and the equal right of the 
 South in the territories. He thus became identified 
 with the States' Rights party, and when the time 
 came for men to show their hands, he went into the 
 field with his two sons, and neither faltered as long 
 as there was a flag to follow. 
 
 In 1850 the Holly Springs Gazette passed into new 
 hands, with F. D. Anderson and R. S. Stith, editors 
 and proprietors, destined to still failher changes in 
 subsequent years. 
 
 In 1851, James W. Williams began the Marshall 
 Guard which continued nearly three years. 
 
 In April, 1853, the first number of the Mississippi 
 Times was issued, Samuel Benton editor and W. A. 
 Tucker pul)lisher ; it continued to 1857. Benton 
 was a clear, forcible writer, and intimately acquainted 
 with the issues and questions of the day, in their mi- 
 nutest details. He was an old line whig, but became 
 attached to the wing of the part}^ known as States' 
 Rights. He was a member of the Union convention 
 of 1851 as well as of the Secession Convention, ad- 
 vocated the rights of the South in their entirety, and 
 when the war came on, gave up his life to the cause 
 he l\ad so much at heart. He rose to the rank of 
 Brigadier (i-eneral before his death, and your county 
 has testified her estimation of his worth, by giving up 
 a large jiortion of her territory to a new county, bear- 
 ing his name. 
 
 The distinction between the shades of southern 
 oj^inion, finally became nominal rather than real : 
 the one believing with Jefferson in the right of se- 
 cession, the other with Madison in the right of Rev- 
 olution, when the Constitution was persistently vio- 
 lated, leaving no prospect or promise of restoration. 
 In the election for the Convention in this county, in 
 1 800, there was only a1)out one dozen votes of ditl'er- 
 ence between the hindmost rei)resentative of the for- 
 
14 
 
 mer opinion, Dr. Lea, and the foremost of the latter, 
 Judge Watson. 
 
 In June, 1853, the Democratic Banner was issued 
 by W. H. Grovan, and in November 1854, the Empire 
 Democrat was commenced with J. H. R. Taylor as 
 editor. At the commencement of the war, there 
 were three papers joublished here, the Southern Her- 
 ald by Thomas A. Falconer, the Star by Solon L. 
 Whittington, and the Constitutional Union by Upshaw 
 k Barrett. Whittington was killed at the second 
 battle of Fredericksburg. 
 
 Since the war there has been one or two Radical 
 papers here, now discontinued, and the Reporter and 
 the South still in existence. Democratic and Con- 
 servative in politics, and both maintaining a high 
 reputation. 
 
 Another marked feature iii the growth and progress 
 of Holly Springs is the Banking system which it adop^ 
 ted and pursued. Two unchartered institutions, the 
 McEwen and the McCorkle, were formed and issued 
 a great amount of promissory notes resting for their 
 credit upon the real estate of their members, mort- 
 gaged for their redemption, and as a consequence 
 upon the personal liabilit}^ of their Stockholders. 
 These self-constituted Banks were formed as early as 
 the fall of 1837 ; they apj^lied to the Legislature for 
 charters, failed to obtain them, and involved their 
 members in ruinous disasters. Many of them sought 
 refuge in Texas, to escape the results. 
 
 Strange that the history of the past, has so little 
 influence upon the conduct of the present. The fam- 
 ous Mississippi scheme of John Law, which for a time 
 held out such bright, golden visions of untold wealth, 
 and which in its catastrophe spread unbounded ruin 
 and dismay among its dupes, and the scarcely less fam- 
 ous Darien scheme of William Patterson, the founder 
 of the Baiik of England, were alike l)ased upon the 
 ideas of real estate 8e(Mn"ity. Both were Scotchmen, 
 
15 
 
 and if the patronymic of our Holly Springs Bankers 
 has not lost its significance, they too were Scotchmen 
 by descent. This jjlan of Banking on a real estate 
 capital, known in France as Credit Foncier, and 
 that of l^anking on personal estate as capital, known 
 as credit Mobilier, have both been tried in this country 
 unsuccessfully. But that other scheme of Scotch fi- 
 nance the " cash credit " system, is too refined for our 
 practical understanding. 
 
 The Presidents of these respective institutions, Mc- 
 Ewen and McCorkle, gave up their estates to tlie de- 
 mands of their creditors, and preserved an unl)lem- 
 ished reputation for integrity. 
 
 The Northern Bank of Mississippi was chartered in 
 1838, with its site in Holly Springs, but had too little 
 capital to do any extensive business. Under the 
 management of its cashier, Walter Goodman, it always 
 maintained its credit under most trying circum- 
 stances. The present J^ank maintains a high stand- 
 ing. 
 
 The location of the Memphis and Charleston Rail- 
 road was the cause of an angry and long continued con- 
 troversy, in this and other counties. As the road of 
 necessity must pass through a portion of this State, 
 the county of Marshall insisted that Holly Springs 
 should be made a fixed point in its location. The 
 railroad company asserted that it would cause too 
 great a deviation from a direct line, and involve an 
 unjustifiable additional cost. For a time it seemed as 
 if the State would refuse a charter to the company, 
 but the county of Tishomingo consented to give a 
 •way through its borders, and the dispute was thereby 
 settled. But. it left a sting in the bosom of Holly 
 Springs. Col. Walter, Mr. W. Goodman and others 
 conceived the project, deemed quixotic 1)y many, to 
 build a railroad in the direction of New Orleans to 
 establish communication with that city. This was 
 the birth of the Mississippi central railroad. The en- 
 
16 
 
 terprise was entered upon with spirit, and j)rincipally 
 by the able speeches of Col. Walter in New Orleans, 
 which were highly complimented at the time, and 
 along the line of the road, the enterprise was success- 
 fully launched, A charter was obtained ; by great 
 eftbrts and sacrifices the stock was secured, and the 
 plan set on foot. The Directors, most of them men 
 of wealth, pledged their resources and their credit to 
 the work, and through the energy and ability of their 
 President Groodman and his co-adjutors the road was 
 built, and is at this day operated as part of the New 
 Orleans, St. Louis & Chicago railroad, the great route 
 between the Lakes and Grulf. 
 
 The Mexican war forms an episode in the annals of 
 our county and State. When it was proclaimed that 
 our country had been invaded by a foreign foe, and 
 American blood had been shed on American soil, the 
 contest, under a call for volunteers, was not who 
 should stay at home, but who should be permitted to 
 go. On the 9th of June, 1846, the first company 
 marched from this county, called the Marshall Guards, 
 with A. B. Bradford as captain, J. H. R. Taylor, C. 
 H. Mott and W. Epps, lieutenants. Robert Josselyn, 
 Henry Trotter, son of the judge, two Yancej^s, and 
 others of out worthiest sons, were a part of its rank 
 and file, conspicuously, Thad. L. Randolph, only 16 
 years of age. He was the pet of the company, and 
 brave as a young lion, and is still living in the county 
 of Panola. When the company reached Vicksburg 
 it became part of the 1st Mississippi Regiment, and 
 Captain Bradford of the Guards was elected colonel. 
 The point was afterwards made that though he had 
 a plurality of votes, he did not have a majority of the 
 whole. He was legally entitled to the position, but 
 with laudable magnanimity, he ' resigned and went 
 into another election, when Jetierson Davis was 
 elected colonel, Alex. K. McClung, lieut.-col., and 
 Bradford, major. This company volunteered only 
 
17 
 
 for twelve months, but in that short period it made 
 a record for all time. The regiment, by its brilliant 
 achievements on every battle-field made the name 
 of Jellerson, Davis historic, and one and all have clung 
 to his fortunes with unfaltering devotion even to this 
 their saddest and darkest hour. It was currently said 
 at the time that the stain of repudiation, if stain there ' 
 were, had been wiped from the name of Mississippi 
 by the heroism of her sons. Many left their bones 
 on the plains of Mexico ; some have died peacefully 
 at home ; some still live, and some, Mott notably 
 among them, gave their lives to the Lost Cause. 
 
 The only other comjDany from this county left in 
 December, 1846, and constituted part of the 2d reg- 
 iment, with Reuben Davis as colonel and Jos. H. Kil- 
 patrick as lieut, -colonel. The regiment remained sev- 
 eral weeks in New Orleans after its organization, and 
 suflered very severely there and at other points by sick- 
 ness. At Monterey both Col. Reuben Davis and 
 Kilpatrick resigned, and Charles Clark, afterwards 
 our Governor, and conspicuous in the civil war, was 
 elected colonel. His battle-scarred form supported 
 on crutches attests his bravery and suffering. The 
 regiment remained in service only twelve months and 
 never had the fortune to be in battle. 
 
 There were but few manufactories in the county, 
 one of the largest and most flourishing and prospe- 
 rous was the foundry of Jones, McElwain & Co. 
 
 A marble yard at which fine work is turned out, 
 is another successful establishment. The enduring 
 monument which the county has erected to her Con- 
 federate dead, is the work of this company, and re- 
 flects credit alike on its execution and on the gen- 
 orosity of those who raised it. The contribution from 
 an exhausted and impoverished people portrays more 
 eloquently tlieir gratitude, than would a costlier cen- 
 otai)h from a richer community. It tells of a glory, 
 that will not grow old, and is a tribute to those who 
 
18 
 
 fell in defense of their hearths and homes, and all 
 that men hold most dear. 
 
 " They are gone to their graves grim and gory, 
 
 The beautiful, brave and boUl ; 
 But out of the darkness and desolation, 
 
 Of the mourning heart of a widow 'd nation. 
 Their memory awakerti an exultation." 
 
 The mercantile class in the county has always been 
 large enough to conduct its business. The pursuit, 
 however, has not been conspicuously profitable. Only 
 the mechanic arts of the most ordinary and every 
 day kind have been practiced. The medical profes- 
 sion has been represented by skilful and efficient 
 practitioners : Caruthers, Gholson, Dancy, Dougherty, 
 Taylor, Gray, Pitman, Alexander, Mabry, Drs. G. W. 
 Smith, Crisp & Jamison, Sale and Webb. 
 
 Of the legal profession, it is difficult for me to 
 speak. An actor in many of the exciting scenes of the 
 forum, I saw less perhaps than a mere looker-on, and 
 of what I saw I may be a less imj)artial judge. But 
 the picture would be incomplete, without at least 
 some attempt at delineation. 
 
 At the March term, 1838, of the Circuit Court, 
 there were more than 1,200 cases on the docket. 
 The fame of this bountiful litigation drew many of 
 the profession here. There were over forty resident 
 lawyers, thrown suddenly together — there was no ac- 
 knowledged leader ; and an earnest and eager com- 
 petition for ascendancy naturally sprang up. Some 
 came with established reputation ; others full of 
 young life and hope and ambition lighting for a ca- 
 reer. Some succeeded, some failed ; a few brief 
 sketches is all that I can essaj^ 
 
 Parry W. Humphries, at different times a Judge 
 of the Circuit and Supreme Court, of Tennessee, a 
 member of Congress, and coming within one vote 
 of beating John H. Eaton for the United States Sen- 
 ate, was the first name in the firm of Humphreys, 
 
10 
 
 Barton & Powell. He had long passed the meridian 
 of life, and left the laborious part of the practice to 
 the junior members of the firm. 
 
 Mr. Barton had been Prosecuting Attorney in Tenn- 
 essee, was better acquainted with the criminal than 
 with the civil law, was a strong and powerful advo- 
 cate, and became the leading criminal lawyer of his 
 day. 
 
 Alfred H. Powell was younger ; he had married the 
 daughter of Judge Humphries, had been trained in the 
 law school of Judge Tucker, of Virginia, had a thor- 
 ough knowledge of his profession, was a pointed and 
 effective speaker and in every respect an accomplished 
 lawyer. He died very suddenl}^, leaving a high rep- 
 utation for ability, and in the midst of promise of fu- 
 ture exalted distinction. 
 
 Then there was Alex. B. Lane, profoundly versed 
 in legal learning, a skillful advocate of singular mod- 
 esty, of unblemished integrity, without guile, a sincere 
 fi'iend, a devout Christian ; he had an enviable stand- 
 ing among his peers. There were Bradford, Chal- 
 mers, Anderson, Freeman, Clapp, Craft, Lucas, Totten, 
 Wm. Davis, the two Wilsons, McCampbell and Isaacs 
 — killed in his office in broad daylight — all men of 
 mark and distinction. There too was the writer of 
 this sketch, whose place must be assigned by other 
 1 lands. 
 
 Of lawyers who attended this Court from other 
 counties, there was Wm. Y. Gholson. of Pontonoc, 
 tlie equal of any ; he afterwards went to Ohio and 
 became one of the Supreme Judges of that state ; 
 Jacob Thonii)8on, Secretary of the Interior under 
 Buchanan, and T. Jeif. Word, the colleague of S. S. 
 Prentiss in Congress, and in his famous contest with 
 Claiborne and Sam Gholson for a seat in the House. 
 At a later day there was Larmar, the present distin- 
 guished member of Congress. 
 
 I have reserved for the last, the name of William 
 
20 
 
 F. Stearns, my friend, pupil in law, my partner^ 
 my sucessor to my practice, A clear, acute, incisive 
 intellect, rather than brilliant or showy. Patient, 
 industrious, methodical, he could dispatch a vast 
 amount of business without disjolay of labor. He be- 
 came Professor of Law, at the State University, per- 
 formed its duties with universal acceptance, and was 
 beloved and respected beyond measure. 
 
 In the discussion which j^receded the civil war, his 
 pen was active in advocacy of the principles for which 
 the South contended. He wrote especially one arti- 
 cle to prove that the Federal government had no 
 constitutional right or power to coerce a State by 
 force. That article was placed in the hands of Mr. 
 Buchanan, the then President, by a member of his 
 cabinet, after his last message had been written. It 
 changed his views, he adopted its reasoning, and in 
 his latest authoritative utterance propomided the State 
 Rights' doctrine, that Congress could not coerce a State. 
 A politician, high in the ranks of the radical party, 
 for that message said, "that Jefterson Davis was an 
 angel of light compared to James Buchanan." Would 
 to God that other intellects could have been opened 
 to conviction, ere the flood-gates of blood and of carn- 
 age were let loose on the land. Alas, that such a- 
 mind as that of Stearns, should have been clouded by 
 despair and despondency, and that weary of life, he 
 should have cast it away by his own hand. If you 
 mourn that mental powers of the highest order — that 
 purity of heart, and kindness of feeling could not save 
 him from great and grievous error; 
 
 "Be every barehev thought supprest, 
 And sacred be his last, long rest." 
 
 Of the present members of the profession, this is 
 not the time to speak in detail, though some of them 
 run back into "auld lang syne." Some of them, 
 Watson, now Judge, Walter, Featherston, Harris, 
 
21 
 
 Stith, Strickland, may claim to have gained "that 
 clear conception of the law, the attainment of which, 
 Mr. Buckle thinks, is the highest point the human in- 
 tellect can reach." 
 
 We come now to speak In-iefly of the advance of 
 the county in population and wealth. 
 
 In 1840, its population, according to the United 
 States census, was 17,526; in 1850; 29,689; in 1860, 
 28,823; in 1870, 29,416; its proportion of slaves in 
 each instance, except the first and last, being a little 
 more than half. It has always been principally an 
 agricultural, not a manufacturing or commercial com- 
 nnniity. Cotton has been its chief product. The 
 number of bales grown in 1840 I do not find reliably 
 reported; in 1850 it was 32,775, and in 1860, 49,348, 
 enough to have insured prosperity and abundant com- 
 fort to every inhabitant, and the largest number of 
 bales raised by any county in the United States. 
 
 And here I wish the curtain could fall upon a peace- 
 ful, prosperous and happy people ; but the truth of 
 history will not permit this. 
 
 "From soul to soul hath war been waged, 
 From star to star, from sun to sun; 
 Nor e'er shall be the strife assuaged, 
 That's hourly lost and hourly won." 
 
 Our beloved country forms no exception to this 
 stern lesson of the past. 
 
 It was the fond dream of the framers of the Fed- 
 eral Constitution that they formed a government for 
 all time to come, sufficient in itself for its own pro- 
 tection and perpetuity, and the preservation of all 
 rights which fell within it. Slavery was known to 
 exist, as an element of discord, but it was believed 
 not to be of a character which w^ould make permanent 
 harmou}' impracticable. It had l)een introduced by 
 the English government into the colonies, against 
 their remonstrance — established by law — recognized 
 in the constitution as existing and estaT)lished — pro- 
 
' 22 
 
 Vision made therein for its protection — the African 
 slave trade permitted to be continued for a time for 
 the benefit of tlie shipping and commercial interests, 
 and its existence regarded as a source of wealth. 
 The feeling against it increased in intensity. J[n 1820 
 it excited an alarm, as Mr. Jefferson said, like a fire-bell 
 at night. It was then quieted by the Missouri com- 
 promise, to be renewed at intervals with ever-growing 
 bitterness. It pervaded the pulpits dedicated to Grod ; 
 it moved the ministers of religion, as if their mission 
 was not to bring peace into the world, but a sword 
 — it entered the Legislative halls it stirred up the 
 people at the polls, and finally invaded the Courts of 
 the countiy. It was still hoped that the Constitution 
 was equal to the strain. It had formed a system of 
 co-ordinate government, combining two different 
 sources of power, Federal and State, each supreme in 
 its sphere, and each virtually forbidden to intrude 
 on the sphere of the other. " The one supreme for 
 National purposes, and the State governments in many 
 respects independent, for other purposes." It had 
 instituted a supreme court, aptly described as a more 
 than Amphyctionic council, to decide between the 
 conflicts of varying legislation and whose decisions 
 on matters witltin its jurisdiction, were to be final 
 and conclusive on all. By the decisions of this tri- 
 bunal, a perfect theory of the working of the gov- 
 ernment was evolved. This Court could decide both 
 Acts of Congress and State laws to be unconstitutional. 
 The States could not invade the domain of the Fed- 
 eral government, and by reciprocal rule that govern- 
 ment could not trench upon the powers of the States, 
 and thus all the functions of government, foreign 
 and domestic, National and State were to be carried 
 on in harmony and without jar. It constituted a 
 frame of government, totus teres et i-otumlus, entire, 
 complete and rounded off in symmetry, with a capac- 
 ity to last forever if its established liarnionies were 
 preserved. 
 
23 
 
 Such were the teachings of Marshall, the almost 
 inspired oracle of the constitution — such were the de- 
 cisions of the Court during his time, and the influence 
 of his name gave them unquestioned authority during 
 his life. After his death the judgements of the Court 
 were less regarded, and especially was this the case 
 in the matter of slavery. " The higher law " was in- 
 voked, and more than one name was made famous 
 by denunciation of all the compromises of the consti- 
 tution on this subject. Its admitted and undeniable 
 provision, the enactments of State statutes, the decis- 
 ions of the Supreme Court were alike disregarded, 
 and the personal libert}^ laws of the anti-slave States 
 were permitted to over-ride every other considera- 
 tion. The fugitive slave laws of Congress, notwith- 
 standing the Supreme Court had decided them to be 
 constitutional, were evaded or openl}- set aside, and 
 slavery was excluded from the territories, although 
 the Supreme Court decided "that Congress had no 
 power to make any dillerence between slave and 
 other property, and by the constitution was bound to 
 protect slavery." This was the state of things, prop- 
 erty to the value of four thousand millions of dollars 
 was involved, and to discover some remedy against 
 its total loss, was the problem forced on the consid- 
 eration of the South. 
 
 Ellsworth, a member of the convention which 
 framed the constitution of the United States, and a 
 member of the convention of Connecticut which rat- 
 ified it, said, in the last named convention, " this Con- 
 stitution does not attempt to coerce sovereign bodies 
 — States in their political capacities — it only acts 
 upon delinquent individuals.*' He was afterwards 
 Chief Justice of tbe United States, and left no utter- 
 ence which contradicts this expression. The consti- 
 tution was a contract which derived its binding force 
 from the accession of nine States ; Virginia made tlie 
 ninth accession and thus gave life to the instrumenl. 
 
24 
 
 The exposition of this instrument made by the tribu- 
 nal which was its authorized interpreter had been 
 habitually violated by the non-slave holding States. 
 A contract broken by one side was not binding -on the 
 other. After the union between England and Scot- 
 land, when in the opinion of the latter, the "funda- 
 mental conditions " on which the Union was formed 
 had been broken, some of her statesmen took the 
 ground that Scotland being an independent nation 
 when the treaty was formed, " could henceforth re- 
 sume her ancient rights." The writers on the law of 
 Nations are uniform in declaring the same principle ; 
 American jurists of the highest character have asserted 
 it. And to show that the military understanding of 
 the principle accords with the views of civilians, G-en. 
 Sherman, the commander-in-chief of the armies of the 
 United States, under the President, in a letter to the 
 Secretary of War in September, 1868, in regard to 
 the Indians says: "The treaty having been clearly 
 violated by the Indians themselves, this hunting right 
 is entirely lost to them, if we so declare it," 
 
 The same principle runs thro' all private transac- 
 tions. If a State grants a charter to a' corporation, 
 upon a breach of the charter in a material point, the 
 State at its pleasure may resume the grant. If indi- 
 viduals make a contract, upon a violation by one, the 
 other may at his option refuse to be longer bound by 
 it. With this concurrence of opinion in regard to 
 National and Municipal law, if the States had formed 
 the government by accession, the question was pre- 
 sented, whether they might not withdraw by seces- 
 sion. Most momentous results were bound up in the 
 issue, and the best intellects of the land were enlisted 
 in its discussion and decision. 
 
 In October, 1 849, Mississippi made her fii'st move- 
 ment in the matter, A large meeting of influential 
 I'itizens, mostly from the central and southern portions 
 of the State, was held in Jackson. In this meeting 
 
2o 
 
 your county had no part. It recommended a con- 
 vention of the Southern States, to be called to con- 
 sider of the situation. The Legislature of the State 
 which assembled soon afterwards ai)proved the plan 
 and elected delegates to the convention, which was 
 to meet at Xashville. Two citizens of Marshall were 
 elected as delegates, Gov. Matthews and Judge Clay- 
 ton. Mr. Word was also a member of the conven- 
 tion, but whether from this county I do not now re- 
 member. The convention met at Nashville in June, 
 1850, and was organized by the election of Judge 
 Sharke}^ as President. It was attended by members 
 from almost every Southern State. /The address 
 with the resolutions, which were finally passed, was 
 drawn up by Judge Cheves, of South Carolina, and 
 was directed only to the Southern States. This was 
 not satisfactory to the delegation from Mississippi, and 
 Judge Clayton from this county was selected to pre- 
 pare an address to all the States. It was prepared 
 and submitted to the convention, and was earnestly 
 supj)orted by Gov. Matthews and otliers. It proposed, 
 first a convention of the Southern States, to deter- 
 mine what would be satisfactory to the South, and 
 then a joint convention of all the States of the Union 
 to consider what might be submitted by the South, 
 and to make terms of adjustment. This address was 
 rejected in convention, but directed to be published 
 among its proceedings. The measure adopted by the 
 Nashville convention, as the basis of settlement, was 
 the extension of the Missouri compromise line to the 
 Pacific ocean. This, however, was not accejDted by 
 Congress, and the passage of the compromise laws 
 soon afterwards by that body was all that it did. 
 
 These comj)romise measures became the subject of 
 heated and animated controversy throughout the 
 South, and in this State, the contest assumed such 
 large proportions, that a convention was called, and 
 an election for members held in September, 1851. 
 
26 
 
 The practical question at issue was acquiescence, or 
 non-acquiescence in those measures. The majority 
 in the State in favor of accepting them as a final set- 
 tlement was about seven thousand. In this county 
 Watson, Scruggs, Phillips and Benton, in favor of ac- 
 quiescence, were elected over Barton, Clapp, Mat- 
 thews and Crump by an average majority of 200. 
 
 In consequence of this result Gov. Quitman, who 
 was a candidate for re-election, against Gleneral Foote 
 who was the candidate on the side of acquiescence, 
 withdrew from the canvass, and notwithstanding the 
 result in the election for the convention, Jefferson 
 Davis was placed upon the ticket in his stead. This 
 election came oft' in November, 1851, and Davis was 
 defeated by a majority of less than one thousand in 
 the State, and carried this county by a majority of 
 thirty votes. 
 
 The Convention met in November, 1851, and 
 amongst other things resolved, " that the asserted 
 right of secession was utterly unsanctioned by the Fed- 
 eral Constitution," but " in case of intolerable oppres- 
 sion, the State might resort to measures of resistance " 
 and then follows a list of the violations which would 
 justify resistance. 
 
 Before the election between Foote and Davis came 
 off, the election in Georgia, in which the same matter 
 was in issue, took place, and resulted in favor of 
 Howell Cobb, the Union candidate. That gave the 
 key to the election in all the Southern States, and the 
 compromise measures were thus accepted as the fi- 
 nal adjustment of the troubles. 
 
 Then came a lull in the tempest for a short time, 
 though accompanied by almost continued agitation in 
 Congress. The Missouri compromise law was re- 
 pealed, a determined disposition was manifested to 
 confine slavery to existing limits, and thus to put it 
 in "the gradual process of extinction." 
 
 The election of Mr. Lincoln, by which the two 
 
27 
 
 most powerful departments of the goverument, were 
 secured to the anti-slavery party, and the utter dis- 
 regard of the decision of the Supreme court as to the 
 duty of Congress to protect slavery, determined the 
 South again to come together for consultation. It 
 was admitted that no league or confederation could 
 be formed by any part of the States, while they re- 
 mained in tlie Union, without a violation of the Federal 
 constitution. Hence it was deterinhied first to hold 
 State conventions, to secede if deemed best, and then 
 to hold a general convention of the Southern States. 
 The legislature of this State, at its special ses- 
 sion in November, 1860, passed an act calling a con- 
 vention, and providing for the payment of its ex- 
 p«lises. An election was lield under this law, and 
 Marshall county chose as her delegates Samuel Ben- 
 ton, J. W. Clapp, A. J\[. Chiyton, W. M. Lea, and PI. 
 W. Walter. This convention met at Jackson in Jan- 
 uary, 1861, and on the 9th day of the month passed 
 an ordinance of secession. All the members from 
 this county voted for it, with a deep conviction of 
 the vast responsibility it involved, but a still deeper 
 conviction of its necessity, if the doctrine of State 
 Rights, was not to be abandoned, and the immense 
 value of slave propert}^ was not to be given up. The 
 convention also decided to send delegates to the gen- 
 eral convention of the Southern States, to be held at 
 Montgomery, Alabama, and elected Judge Clayton 
 of your county, as one of its members. The conven- 
 tion met in Montgomery, Alabama, on the 4th of Feb- 
 ruary, 1861, and by the 8th had prepared a Provis- 
 ional Constitution for the government of the 
 Confederate States. It organized a regular govern- 
 ment, and proceeded to enact laws suited to the press- 
 ing emergencies of the occasion. It was shortly af- 
 ter declared that by acts of the government of the 
 United States, war existed between that government 
 and the Confederate States, and every available prep- 
 
28 
 
 aration made for its conduct. And in the language 
 of the Supreme Court of the United States, "this 
 greatest of civil wars sprung forth at one bound in 
 the full panoply of war." After the adjournment of 
 the convention and of Congress, your member re- 
 turned, and submitted his action to the State conven- 
 tion which had again met at Jackson, and that action 
 was approved by it. He also submitted it to his 
 more immediate cojistituents of this county, who like- 
 wise put their seal of approbation upon it. 
 
 This record is made here in your behalf, that tlie 
 reasons which guided our conduct may be known to 
 an impartial future, and that any who desire to in- 
 vestigate our course may here find the means of in- 
 vestigation and judgment. It is made with no wish 
 to kindle anew the fires of discord, or to re-open the 
 wounds of past dissension. 
 
 It is far from my purpose to attempt even the 
 faintest sketch of the battles of the war. As your 
 county had always been prompt in the assertion of 
 her rights, she was equally prompt and persistent in 
 their maintenance. Scarce a prominent battle-field 
 that is not blood-stained by the track- of j^our sons. 
 In four months from the opening of the war jou had 
 sent seven companies to the front : the Home Guards, 
 Capt. Thos. W. Harris ; the Jeff. Davis Rifles, Capt. 
 Sam. Benton ; the Quitman Guards, Cap. Robt. Mc- 
 Gowan ; all leaving March 28, 1861, for Pensacola. 
 Then the Confederate Guards, Capt. W. S. Feather- 
 ston, the Mississippi Rangers, a company of beardless 
 boys, Capt. John McGuirk ; Marshall Rifles, Capt. T. 
 J. Hardin ; and the Sam. Benton Rifles, Capt. W. T. 
 Ivy. Then followed the Mott Rifles, Capt. Gaston 
 Martin ; the Rough and Ready, Capt. Henry E. Wil- 
 liamson ; the Goodman Guards, T. A. Falconer and 
 Bernard Brown's company, Captain Webbers' Cav- 
 alry Company, with others constantly going out dur- 
 ing the war. 
 
29 
 
 Where there are so many ehtitled to distinction, it 
 is not an easy or a pleasant task to disciiminate, and 
 whilst I can name but a comparative few, I wish 
 some one else would make a complete list of those 
 who rose to high rank. 
 
 W. S. Featherston, A. J. Vaughan, H. W. Walter, 
 Clifton Dancy, Geo. Myers, T. A. Falconer and his 
 two sons Howard and Kinloch Falconer, A. T. Mason, 
 Thos. W. Harris still survive ; Benton, Mott, Autry, 
 C. Gr. Nelms, Andrew Govan, Hardin, Barksdale, 
 Braden, Webber, Bernard Brown and H. J. Bowen 
 fell on the battle field. Of those less in rank, but not 
 less in devotion to their country, there were Roger 
 Barton, five Crumps, four Leas, two Watsons, ten 
 Claytons, seven Fants, five Morgans, three Hollands, 
 ten Rogers, five Myers, four Dancys, four Treadwells, 
 three Walthalls, two Marshes, two Glenns, two Chal- 
 mers, two McWilliams, four Browns, six Jones, three 
 Powells, Sims, Baum, McKie, Cyrus Johnson, An- 
 drew Jackson, R. S. Stith, Withers, four Govans and 
 four Andersons. Of these Roger Barton, two Leas, 
 sons of Dr. Willis M. Lea, two Watsons, sons of 
 Judge Watson, two Fants, sons of Col. J. W. Fant, 
 two Andersons and Cyrus Johnson were killed in 
 battle, and with a long list of others, form a holocaust 
 of victims never to be forgotten by you, whilst a soul 
 survives of the days of 1861. The flowers that are 
 yearly strewn upon their graves, show that their 
 memories are still fresh and green as those flowers, 
 in the hearts of the survivors. 
 
 In the iron storm of battle, hi the gloom of the 
 midniglit march, amid the ice and snows of winter, 
 under the burning rays of a vertical sun, over rivers 
 and over mountains, in hunger and in want, they ex- 
 hibited a heroism and patience under sulFering, and a 
 perseverance under misfortune, that could not be 
 surpassed. 
 
 Not the heroes of the Revolution, the followers and 
 
30 
 
 the soldiers of Washington endured or did more than 
 your sons and brothers under the lead of Lee. The 
 one is immortal in the burning light of victory, the 
 other no less immortal, in the gloom and shadow of 
 defeat. 
 
 " Tis II cause, not the fate of a cause, that is gloi'ious." 
 
 At the close of the war the South was utterly ex- 
 hausted. Its supplies of men, of money, of clothing 
 and provisions were gone. In destitution, in j)overty, 
 in suffering, and in sorrow, there was nothing left but 
 to bow to fate, and to lay the foundations of a new 
 fortune. As some illustration of the situation let us 
 contrast two States, at the beginning and after the 
 close of the war : Massachusetts and Mississippi. 
 The census returns for 1860 gave Massachusetts a sum 
 total of wealth of $777,157,816, and in 1870, of 
 $1,361,166,403 ; gain in 10 years, including war, 
 $584,011,587. The same document gives Mississippi 
 for 1860 a total wealth of $509,44S,912 ; in 1870, of 
 154,535,557; loss in same ten years, $353,937,355. 
 
 Surely this great loss on the part of a once noble 
 State, ought to be sufficient to satisfy the most insa- 
 tiate appetite for punishment, and to induce the feel- 
 ing that henceforth the effort should be to help her 
 to rise. 
 
 That the effects of emancipation were not unlookeed 
 for, it may be permitted to advert to the fact that in 
 an address to the people of this State in 1850, from 
 the same hand that pens this sketch, it was told "that 
 the abstraction of so much capital from the commerce 
 of the world would derange every branch of business 
 — agricultural, commercial and manufacturing — 
 throughout Christendom." Is not this anticipation 
 amply fulfilled at this time in the prostrate condition 
 of every branch of industry throughout the world. 
 
 Macaulv says that after the last civil war in Eng- 
 land, English dukes were seen in the streets of cities 
 
31 
 
 on the Continent, barefooted and bareheaded, beg- 
 ging ahiis. The great disposer of events saved us 
 from this deep humihation. Our people sought re- 
 demption in tlieir own unconquorcd energy. Work 
 was one of the inspirations of the hour ; there was 
 another not less potent : Woman. Woman, on whom 
 the result bore more heavily than on the men, wasted 
 no thoughts on fortunes changed, and uttered no vain 
 regrets or useless repinings ; but set to work to re- 
 vive the drooping spirits of fathers, husbands, bro- 
 thers, sons, and did all in their power to aid, comfort 
 and sustain them. Who could falter or desjoond with 
 such examples of courage and fortitude before them. 
 
 " All honor to women, to them it is given, 
 
 To garland the earth with the roses of heaven." 
 
 We have bowed in silent submission and acquies- 
 cence to the arbitrament of war:-we have neither the 
 wish nor the power to disturb it. Our desire is to be 
 allowed to go forward and aid in the full develop- 
 ment of the riches and the resources of this great 
 nation, praying that it may be one in harmony of all 
 its interests, and one in the grand endeavor to elevate 
 the cause of humanity in all its domains. 
 
 In the language of one of the most gifted writers 
 of New England: "We look not mournfully into the 
 past, it comes not back again. We strive to improve 
 the present, it is ours. We go forth to meet the 
 future, without fear, and with a manly heart." 
 
 My task is done. Spirit of Marshall! you, whose 
 name we bear, the foremost name in the annals of 
 American jurisprudence if not of the world, you who 
 saw through the constitution, with a mental vision so 
 clear, that it swept away all oljscurities, we appeal to 
 you, if we did not follow your judgments as the 
 authorized and conclusive exposition of the constitu- 
 tion, until the sword was thrown into the scale, and 
 the doo'mas of force substituted fcu" tlie conclusions of 
 
I 
 
 32 
 
 reason, and whether if others who were bound by 
 the same ties, had yielded the same obedience to the 
 Supreme laws as inculcated in your decisions the 
 country would not have been saved from the deluge 
 of civil war, and the unnumbered woes which have 
 followed in its train. 
 
O^'^tyu 
 
 jpy^