davidaulloa/AmericanStories huggingface dataset:
The Birmingham age-herald., 1908-04-26

that man was John c. Calhoun, the all legged founder of the Southern Confeder- acy.
 We have upon, us in Alabama, at this moment a most interesting question of authority between the federal and state courts. The supreme court of the Con- federate States was never organized and the omission to perfect the government in this departme involved the very dis pute now prevailing at Montgomery be- tween Federal District Judge Thomas G. Jones and the state government. Sena- tor Clay of Alabama reported a bill to organize the supreme court in the Con- federate Congress at Richmond, in De- cember, 1862 but it did not pass The Congress found in the bill too much of the judiciary act of the first Congress of the United States, which provided for ap- peals from the state courts to the federal supreme court No other attempt in the same direction was made and consequent ly the Confederacy had an incomplete government. In the exhaustive and luminous opinion of Judge Jones, last pronounced. in the pending railroad cases he uses the following historical refer ence.r
 ''The able men who formed the consti- tuition of the Confederate States were quite familiar with the doctrine of the great case of Osborn vs. Bank 9 Wheat on, FPS, and Abelman vs. Booth, 21 How ard, 5O6. There is not a line in the con stitution of the Confederate States where Il deals with suits against the state or elsewhere that indicates any purpose whatever to overrule or undermine the principles of these great decisions. Ger tainly the constitution of the Confederate States may be said to embody the prin- ciples on that side of the struggle which ended at Appomatt9x. It was not a struggle, but rather an effort by part of the people of the United States. for reasons deemed satisfactory to them selves, to set up separate government for certain of the states, which adopted a fur a1ot, ,to1 Tax
The Birmingham age-herald., 1908-04-26

his embarrassment his incoherency. a least became apparent even to thel rather careless attention. Why, Jim," cried one, There is Dr | Wallace, dead tired, and we not putting him to bed where he belongs. Two week. here have rlven us woods manners il earnest he observed jocosey. Now, sir to your bunk, and dreamless-"
 The guide had stepped into the low doorway.
 Excuse me, MT. Manning and you. MT Ballou," he said courteously, flor inter l rupting the party. But I have a little l business with this visiting gentleman here, and he will oblige me if he will step outside" He had the low,i soft voice | of the veteran woodsman. Forest dwell CTS never speak loudly. 1 Dr. Wallace half rose choked with an 1 audible rattle, and sat down. The New Workers were puzzled at it. for in the 1 unconventional style of the woods such a request from guide was unusual What is the trouble?' both of them de- handed
 This gentleman knows" the .man re- piled quietly. Ut is matter that we need , to talk over alone in all respect to you and Mr Ballou." With mystification wringing their faces, the hosts turned to the clergyman Per
 
 lips moved wordlessly. He raked his trembling fingers through his whsker tufts. AS he did not speak Manning said brusquely:
 "Dr. Wallace is tired and played out tonight, Tom. Whatever your business is 1t must wait till morning. After a good sleep he"
 my business cannot wait and as for sleeping, this man cannot sleep under my roof, humble as it is, This is my roof, you understand, the only one have. He has slept under my roof be- fore and - The man broke off, for his voice was growing hard. He concluded In his ordinary repressed voice, Tt is all a matter between us two. Will you step outside, sir?"
 TT don't think I will" stuttered the doctor. after despairing glance at his new friends
 Say, look here, Tom," blurted Man ming, "Ballou and I have been coming here good many years and I never knew you to rear up and butt in after this fashion before. You'd better go out by the pond and cool off Dr. Wallace will probably give you few moments in the morning for your-your business" The New Yorker spoke with the acerbity of one rebukng the presumption of an inferior
 w III you coiilc Out+ pciSlStcu ttut guide, gazing straight at the clergyman. The mans eyes famed now in the dusk.
 "No, gasped Dr. Wallace.
 Manning and Ballou, with an. angry grunt in unison, started toward the i'm portunate woodsman But he straight ened his shoulders, bent by many years of duffle toting. and faced them un- fiinchingly.
 Don't touch me-" he said, and there was a grim menace in his low tones that checked them more effectually than a shout or an oath could have done-.r'Mr. Manning and you, MT Ballou. I call you to witness that I have given this man the chance to talk our busi1 ss privately.
The Birmingham age-herald., 1908-04-26

I learn all this from one single word that the Bible says about him. It says he was a certain man. Now, we all know there is no certainty in a drunk ard; there is no certainty in a man who is not punctual to his engagements; no certainty in an idle loafer; and I know he was a married man because there is not one of these bachelors that you cam trust"
 Now, see what liberty" htis ingenious brother hadl Here were four good, solid divisions" got out of, or put into, his text He was free to discuss the import ance of temperance; to dllate upon the virtue of punctuality; to urge the duty of industry, and to set worth the value of the institution of marriage. Here, surely, was ample room adn verge enough for a good, long, useful sermon.
 But Broadus comes with his "Homle- tics" and robs me of all this liberty He used to look very grave and make me feel very solemn when he told me: You have no right, my brother, to tell the people that the word of God means what it obviously does not mean;" and then he would say that the word "cer-
The Birmingham age-herald., 1908-04-26

|, their persons and possessions, some of them, men and women, unto death.
 We come now to the point where Sher- mans phrases seem to take effect.
 At the midsummer session of the leg islature of Alabama, 1907, an act was passed: ITO make an enumeration, or census of Confederate (sic) Soldiers '' etc, etc. l
 The first yection of the act defines Con- federate soldiers to be officers enlisted men, militia or home guards for local defense, or (persons) in any other mili- tary or naval capacity (who participated in the war of secession" CD
 What does the language, war of se- cession" mean? Some half-educated folk are lawfully" glad or "awfully'' sorrow ful, indiscriminately. Others never make an ordinary mistake that is hot a bad break,' or see a child that is not 6 kid" Possibly the noble legislature of Alabama, consumed with a most heroic devotion to the Fundamental principle of American liberty, suffered General Sher- mans "secesh" phrase or some other en- feebling slang to corrupt it's thought in this instance. My personal opinion is the bill to make a census was written for the legislature and not by any legislator, and was passed and approved heedleSsly by states-rights men.
 There is no occasion whatever f( so unenYable recognition of General Sherman's "secesh." We have United Confederate Veterans; we have United Daughters of the Confederacy; we have Sons of Confederate Veterans; we have Confederate monuments and more to rise, to the glory of our troops in the field, our sailors on the vasty deep, our wo- men in the rear, our Africans in their sphere of devotion amongst us. We had a Confederate flag, standing in spotless glory among the flags of all nations; we had a powerful Confederate civil gov ernment; we had the latest refinement of federal constitution In the world. Why seek to dispol history of its jewel. Why go abroad for a name and a title to our virtues of patriotism and yalor? Does po-
The Birmingham age-herald., 1908-04-26

ness said: 1T hope Your Honor will not disgrace me by putting me in the same cell with George C." They were confined apart. The rest of the bar and many citizens gave him magnificent supper, and spent the night with him in jail and were kept in uproarious merrment all night by the wit and humor of the cul- prit A great crowd escorted him to the court house the next day. and the incl dent was closed.
 It was in these years that he fought his two duels with Governor Foote It is well known that in those days duelling was looked upon quite differently to what 1t is now. MT. Prentiss had to fight, or leave his adopted state. He was not afraid. In the first duel he laid down his hand at cards to be resumed upon his return.
 At the second duel. after an exchange of shots, MT Prentiss saw an interfer- ing young boy up a tree near by and re- marked to him: Look out, bud, Foote Is shooting wild this morning." The crowd laughed and the duel proceeded. MT.
The Birmingham age-herald., 1908-04-26

toned, easy hospitality, its speckled trout and it's venison, cooksl in 'skillets" and in Spiders" on theS old-time fireplace, with it's broad chimney and it's hickory coals. But the ubiquitous railway has pierced the mountains and forever broken up the old free-and-easy tavern" You may sing, but will sing in vain:
 "Would those days were come again, With their thorns and flowers;
 I would give the hopes of years
 For those bygone hours"
 Taking mine ease in mine inn' may be found in Shakespeare. but you will hardly find it anywhere else. Railroads have killed it. It may be made a ques- ton whether they have put anything bet ter in its place; but the question would be idle. Better to study the best use to which you can put the railway, than to waste time grooming over the ruin of the old stage tavern. Broadus, with his Hom- iletics, has killed off our free-and-easy sermons; the thing to do now is to make sermons which Homiletics cannot kill.
The Birmingham age-herald., 1908-04-26

Y T is the purpose here to make health- full discussion of some unfortunate words, not to reopen cicatrized wounds. Mems minds and their words bear certain correlation which may not be denied. Thou shalt not take the name of the Lord in vain"
 Maj.g Gen. w. Tecumseh Sherman, U. ! s. A., arrived in the vicinity of VicSs- burg in the Christmas holidays of 1862, and would have entered the town but for . the remarkably resoute opposition of .the young Confederate brigader, Stephen | D. Lee.
 Before Sherman retraced his march he, in answer to his adjutant in command at Huntsville, Ala, wrote a memorable let ter of Instructions here quoted:
 Dear Sawyer: In my former letter I have answered all your questions save pne, and that relates to the treatment bf inhabitants known or suspected to be hostile or 'secesh I am willing o bear in patience that political nonsense Pf slaye-rights, state-rghts, freedom of
 conscience, sfreedom of press, and such |ther trash as have deuded the southern people into war, anarchy, bloodshed and he foulest crimes that have disgraced
 ny times and any people. You hay not hear from me again, and if you Lhink it will do any good, call some of The people together and explain these, |ny views. You may even read to them his letter and let them iuse it so as to
 repare for my coming.
 "To those who submit to the rightful iw and authority. all gentleness and 1prbearance; but to the petulant and per
 stent secessionists, why death is mercy,
 nd the quicker he or she is disposed of
 ne better
 Under the admonitions of this letter of
 reat length and particularly of details, brmer governor and senator in Congress,
 c. Clay, and former governor and rep
 esentative in Congress, Reuben Chap
 an, among other eminent citizens of
 huntsville, "secesh, were outraged in
The Birmingham age-herald., 1908-04-26
TERANS-By John Witherspoon DuBose

The department of justice of the pres ent government of the United States had no existence, even in the thought of the country, until the example set by the Confederate government brought the sub ject to light. President Cleveland, in of- flee, urged an amendment to the federal constitution requiring the election of president once in six years and determ- ming the ineligibility of the incumbent to succeed himself. MT. Davis was elect ed for six years and was ineligible to succeed himself. The Congress of the United States is now practically removed from usefulness by self-imposed re- strictions upon legislation touching ap- propriations. Under the constitution of the Confederacy no appropriations could be made except on advice of the head of a department except that a two-thrds vote of each house might pass the bill. There are other highly important features of the Confederate constitution, for in stance relating to the tariff, which dis pose of the most aggravating questions of our national politics of today. When James Gordon Bennett, the elder read the constitution of the Confederacy he proposed with enthusiasm through his paper, the New York Herald that the whole country should accept it as a final solution of sectional questions and a reformation of an indissoluble union of states.
 General Miles in an official report many years after the war referred to the organization of the Confederate army as the wisest which had ever ex- lsted in America, We may add incl dentally that Secretary of War John C. Calhoun so re-organized the army of the United States that Gen. w. T. Sherman declared in the next generation the sys- tenn was perfect for the times. It was the secretary of war who invented tha system of weather reports, now enlarged but which was then new so that no gov Observations of the weather by govern ernment of the world had any such thing ment is a southern mans invention and
The Birmingham age-herald., 1908-04-26

1 a miserable spectacle, but each with the
 masonry of the huntsman recognized the
 other as city bred.
 Ten minutes later Doctor Wallace was
 telling his story in the camp to two sym | pathizing New Workers. Outside the
 guide was stopping his grizzled head over | the spider and the teapot steaming or | the coals., The frizzle of meat sounded pleasantly appetizing and the odor of ba- l con was waited to the nostrils of a | clergyman who had never before in his | life fully realized that hunger can so | wholly dominate spirituality. He made i the mental resolution that thereafter he
 would entertain more compassion for hun | gry people in cities. He even found 1 himself framing the introduction to a I sermon on the subject-and then the guide brought in the panniiSins and set the food on the rough table.
 At first the clergyman, occupied with his eager story and enjoying the savor of the arriving dishes, did nothing but glance idly at the man who pad-padded here and there so lightly in his moccasins. And the low camp had many shadows. But when the guide moved the lamp from it's shelf to the table, and quietly an- nounced that the meal was ready. Doc tor Wallace raised his careless gaze to the brown face that appeared for a mo- ment in the yellow flare. He had been rising with hungry .alacrity. He fell back upon the "deacon-seat' and sat clutch ing it's edge. The man looked at him a moment and quietly went out. saying at the door:
 T am going to fry some more meat. Pull up, gentlemen, while the supper IS hot" There was not culver in the low, even voice.
 TT think my hunger must have made me a bit faint" the clergyman stam- mered to the alarmed hosts who were questioning him solcitiously. He stared apprehensively through the camps little windows as if he feared some ruse behind those placid words of the guide. The grizzled head was bent over the fire again.
 After pr. Wallace had staggered to his bench at table he noted that the New Workers, made aware by his early self introduction that he was minister, were waiting decorously for grace. Conscious now whose hands had prepared the food that awaited his blessing and his starved appetite, the perfunctory words almost choked him. Then he ate without sense of taste. face blanched, hands shaking and gulpng the gobbets of deer's flesh with hungry avidity that had no relish.
 Once the guide came in with newly fried meat The clergyman felt his gray hair bristle from neck to crown at sound of the moccasin's thud behind him. The man quietly poured pannil1in of tea from the pot on the table. carried 1t out of doors, and through the little window the reverend guest saw him eating beside the fire.
 Dr. Wallace declined tobacco. The sportsmen puffed their pipes comfort ably and buzzed conversation with the 1anguid calm of those enjoying diges- tion. The quiet man in moccasns cleared the table. soused the pans at the porfds side and replenished his fire from time to time Dr. Wallace. clasping and un- clasping his fat fingers watGhed him with sidelong glances and end' Bed to con- tinue his chat, but his kite replies.
The Birmingham age-herald., 1908-04-26

fined five hundred dollars. but he said hs never paid any money more cheerfully in his life. as it was worth more than that to him to see the torture through which the lawyer put the plaintiff
 The most important civil cases were given to him, and while these did not draw out his wonderful powers as much as cases involving human life, his trl- umphs in these cases were astonishing. Under the magic of his influence jury returned the following verdict: ''We find for Lawyer Prentiss, and the plaintiff to pay the cost"
 While he was able to wield the feelings of a jury almost as 8 man would clay in his hands, the chief justice of Missis- sippi said he appeared at his best in the close, strong reasoning before the High Court of Errors and Appeals. At 20 years of age, and of four years standing as q lawyer he argued an important case be- fore the supreme court of the United States. and it is said that while Chief Jus tice Marshall rarely and cautiously paid a tribute to any man, he did pay Mr. Prentss a very fine compliment, the exact words of which are not recorded.
The Birmingham age-herald., 1908-04-26

N N the summit of the Ambejejus horseback thee party divided and l~-) the Rev. pr. Ransom Wallace Ant away by himself. pr. Wallace en- |ved solitude on his hunting trips. To l sure, the Jo Mary section was new in Is experience, but he had informed a ther skeptical guide that there was no |sing him.
 ] IT have a sort of innate sense of local T," boasted he blandly, yet with smooth bstinacy, to his friends. "You keep the idle and I will steal away by myself. sbnt mind me. I'll show up at the camp IA tea"
 Epr. Wallace called his solitary tramps 3evels with nature" The hunting com Inions who knew him well hinted that \ liked to shake the crowd" because he HIS a silillful hunter and abominated the |Eging along of twig-craclxing bunglers. was certainly worthy of remark that N Wallace always shot his quota of Rne" promptly and privately, as favorite mbers of his fashionable congregation hld annually testify.
 ghen the last murmurings of voices had Id away behind him in the forest aisles
 Wallace gleefully brandished his rifle v a dumb-bell, snuffed the crisp mel mess of the autumn woods and gur- h.
 kh, it's good to be alive-and alone" en hours later it wasn't as good to he he. It was dark. The wind volleyed Tn the rocky valley and the spruces Io-ed' lonesomely. Dr. Wallace arose |n his knees, but not from devotions. had been trying to blow into life the e blaze his last match had ignited in
 painfully collected pile of dry-kye.
 the wind had puffed against him Toriously. It had blackened his face, lched his eyebrows and singed his.
 puffs of side whiskers, and finally, id by a wet drizzle, had abused the
 flicker of blaze. pr. Wallace looked y into the mystic gloom, harked to
 weird voices of the woods and sat Fn and groaned between his shiverings.
 was lost-lost!
 he sat and discontentedly plipped t his fingers, pitchy from his clam Ag of sentinel trees, he pondered re- befully that Sll ms misfortune had 2 from leaving the straight and mar path of the horseback. A broad and
 way leading to the valley had tempt
 m astray. He reflected with mourn Usefulness that his experience would admirable illustration for sermon.
 would he ever stand again before 1rban congregation? Solemn thought!
 men were like lost needles in that 1rness. He, tattered and scratched aunkempt and aching after his mad 0perings in his lost mans panic, had Yer been well-garbedS and calm and lent in a pulpit? This covering h. shivering under the great trees,
 td to be some one else.
 In, growing philosophic, he reflected
 bitterly that he had not always in
 fife kept on through the difficulties he high and narrow path Away
 there Yin the old days he had gone
 into the valley. He had since made flf believe sometimes that he was lon the heights again but now, face
 e with himself, and with elemental
 ked nature talking its truths about
The Birmingham age-herald., 1908-04-26

LEAVING entered upon his chosen profession, MT. Prentiss rose rap- 4 idly. Within four or five years, by the time he had reached the age of 25, he was the acknowledged head of the bar of the State, and remained so until his removal to New Orleans in 1845. He was exceedingly diffident before women. but he did not know what it was to fear the face of man. He had perfect control of himself and was never in the least em barrassed by any audience, however large. It is said he was equally at home before any court, from the backwoods, tobacco-chewing justice of the peace to the supreme court of the United States with Chief Justice Marshall at its head.
 A iedgling lawyer, and a beardless youth, he appeared before the court at Brandon to argue demurrer that had been entered; the judge. looking at him, told him he had made up his mind against him, and did not care to hear ar- gument Young Prentiss insisted on his right to be heard. Permission was given,
The Birmingham age-herald., 1908-04-26

Prentiss was wounded in the first duel and Gov. Foote in the second.
 MT. Prentlss never prosecuted but two cases. He did this from sense of duty and In it showed his dauntless courage The most notable of these was a man named Penn. who had claim upon an estate, and in < quarrel over 1t slew q man in cold blood, and was in possess sion of the property. This bravo sworc he would kill any judge that would per init the case to be called, .or any lawyer that would call it. Several terms of the court had passed without the case be- Ing tired. Prentiss was asked to take the case. He readily consented. When the time came to make the argument he arose. Penn was sitting there with whole arsenal of pistols and bowie knives" buclSled around him. Instead of addressing the Jury, MT. Prentlss caught the eye of the bully" and with the dreadful fire of a deep, strong angry eye; the terrible wrath of gigantic soul fam ing with a divine indignation against his cowardice and guilt, and with keen shafts of that invective never equaled between
The Birmingham age-herald., 1908-04-26

HHERE was time when our fathers
 in the ministry used to talk a
 great deal about what they called liberty" If good brother had preach ed a warm, glowing sermon; if his thoughts had flowed freely; if his words had all been within easy reach; if his heart had been warmed up, and he had felt no embarrassment in the presence of his audience, you might hear him say, after coming out of the pulpit: well. I have had much liberty today" and he meant a great deal when he said that. But in those days many things were different from what they are in our day. Broadus on ''rhe Preparation and Deliv- cry of Sermons was not yet. "Homilet- ics" was a word which most preachers had never heard of, and what it meant they neither knew nor cared.
 The making of sermon was a much easier task in those days than it is now. In more senses than one Broadus' book teaches us "how not to do it.' Indeed, this is almost all that any book on such B subject can reasonably be expected to teach. Professors of rhetoric all tell us how we should not speak, and how we