Moving the Capital to Montgomery
By Peter Brannan,
Montgomery Advertiser, July 26, 1946
By an act of the legislature of 1844-45 a proposition was made to submit
the question of the removal of the Capital from Tuskaloosa (spelled
then with a "k" ),this of course having to be done by constitutional
amendment. The election was held in the Fall of 1845 and 27,320 Alabamians
voted against the removal. But 33,798 of our voters declared for removal,
and Representative J. C. Wilson of Lauderdale County, on January 7,
1846, introduced a bill "for the removal of the seat-of-government
from Tuskaloosa and for other purposes." This bill provided that
the seat-of-government "shall be and remain in the city of Tuscaloosa
... until a State House equal in every respect to the one now occupied
by the general assembly is erected and completed and fully finished
at such place as the Legislature may hereafter select by joint ballot
of the two Houses, free from public expense and the keys of the same
tendered and given to the Secretary of State as a present to the State,
together with sufficient quantity of land on which the State House shall
be built." The act, as approved January 21, 1846, also provided
that the State archives and furniture housing them should be moved to
the new seat without expense to the State. It provided a building commission
of five men and said that "a good and indefeasible title to the
said land shall be made and delivered to the State of Alabama at the
same time when the keys are tendered."
Balloting
On the 28th of January, 1846, in compliance with the provisions of the
above act, the Senate and House met in joint session in the House and
balloted 16 times when finally Montgomery received 68 votes, a majority
of all cast. On the first ballot the vote stood: for Tuskaloosa, 39;
Wetumpka, 28; Mobile, 6; Montgomery, 3; Statesville, 2; Selma, 9; Marion,
4; and for Huntsville, 6. Those who voted for Montgomery on the first
ballot were : Messrs. Gilchrist, Hardaway, Kendrick, McClung, Oliver,
Scot, Shorter and Ward of the Senate; and Messrs. Barnett, Bates, Bibb,
Billingslea, Cooper, Cook Ellsberry, Grady, Hobdy, Judge, Long, McGriff,
Merrick, Robertson, Sanford, Shanks, Snowden, Stallworth, Stringer,
Tarver, Taylor of Butler, Warren of Coffee, Watts, Williams of Henry
and J. Williams of Jackson. On the 10th, 11th, and 12th ballots Blount
Springs, Greensboro, Decatur, Tuscumbia, and Maplesville received votes.
On the 16th ballot the vote was: Tuskaloosa 39; Wetumpka 9; Mobile 3;
Montgomery 68 and Selma 11. Those who voted for Montgomery on the final
ballot were: Messrs. Ache, Clark, Faulkner, Gilchrist, Griffin, Hardaway,
Hey, Kendrick, McClung, McLemore, Oliver, Scott, Shorter, Smith and
Ward of the Senate, and Messrs. Allen, Austile, Barnett, Bates, Bibb,
Billingslea, Bowdon, Browne, Brantley, Clay, Cobb, Cooper, Cook, Ellsberry,
Fletcher, Garrett of Cherokee, Garland, Grady, Hastie, Hardwick, Holly,
Hobdy, Heflin, Hill of Talladega, Judge Kerr, Long, Mason, McElroy,
McGriff, Merrick, Miller, Murphy, Norman, Owen, Robertson, Sanford,
Sandidge, Shanks, Smith of Mobile, Snowden, Stallworth, Stringer, Tarver,
Taylor of Butler, Walker of Benton (now Calhoun), Warren of Coffee,
Warren of DeKalb, Watts, Williams of Henry, J. Williams of Jackson,
and C. F. Williams of Jackson, of the House of Representatives.
Building Commission
Miles W. Abernathy, George Steele, Daniel Pratt, Johnson J. Hooper,
and A. B. Clitheral (so Simpson, the Capitol historian says, though
Owens' History says John K. Coflins) were named by the Legislature as
the commission to examine the new structure and see that it (and the
Montgomery citizens) complied with the requirements of the act. The
town of Montgomery did not learn of its selection as the seat-of-government
until the late afternoon of the 30th (January, 1846) when the news came
by stage.
The City Council of Montgomery immediately issued bonds in the sum of
$75,000 and at the suggestion of Col. Charles T. Pollard, they were
all bought by local business people.
The Montgomery committee to direct the building of the structure were
Charles T. Pollard, Chairman; Wade Allen, Silas Gaines, N. E. Benson,
Charles Crommelin, Wm. Knox, Thomas Mays, John Whiting, Justus Wyman,
and the Mayor. The plan for the Capitol was drawn by Stephen Decatur
Button (who is generally credited to Philadelphia) of Columbus, Ga.--
that is, the Muscogee Democrat, who writes a story of the letting of
the contract, etc., calls him "our fellow citizen" --and the constructors
to erect the structure were B. F. Robinson and R. N. R. Bardwell, both
of whom were city aldermen in Columbus. A clipping from the Huntsville
Southern Advocate, before me, gives an account of the laying of the
corner stone July 4, 1846, by the Masonic Grand Lodge and names the
ten items placed in the stone. One of these was a "list of the present
Legislature," one was a Bible with a silver key, and one was the current
local newspaper, November 5, 1847, the building having been completed
and turned over to the Secretary of State in October. H. W. Watson,
clerk of the Montgomery County Court, recorded in Book X, page 417,
the deed from the City of Montgomery to the State of Alabama, signed
by the then Mayor, N. E. Benson, and L. B. Hansford, city clerk. The
city conveyed "that parcel of land lying within the corporate limits
of the said city at the head of Market Street, bounded East by Union
Street, and West by Bainbridge Street, and measuring on Union and Bainbridge
Streets three hundred feet, and measuring East and West on the lines
of said lot four hundred feet, forming an oblong square, being that
parcel of land in the City of Montgomery, on which the new state house
has been erected and which was set apart for that purpose on the original
plan of the City of Montgomery called New Philadelphia together with
all the appurtences belonging to the said lot of land, to have and to
hold the same to the State of Alabama forever."
Moving the Archives
When the attorney for the Secretary of State pronounced the deed "ample"
he returned to Tuskaloosa and made ready to convey the records to Montgomery.
They were packed into 113 boxes and loaded onto 13 wagons and set out
for Montgomery in charge of James H. Owen, doorkeeper of the House of
representatives. The weight of the records was 25,704 pounds and the
cost of transportation was $1,325. This item was, according to the providing
act moving the Capital, paid by the City of Montgomery. The wagon train
which hauled the State records to Montgomery came over the "Centerville
Road," a route not differing much from the present day Tuscaloosa to
Montgomery highway, except that it crossed the river at "Hall's Ferry,"
years later known as Coosada Ferry.
The First Governor at Montgomery
Reuben Chapman was the first Alabama Governor to serve at Montgomery
and he was inaugurated in the Hall of the House of Representatives,
Dec. 16, 1847. Rev. Basil Manly, then president of the University of
Alabama acted as Chaplain on the occasion. Coincidentally the Reverend
Dr. Manly, then pastor of the First Baptist Church of Montgomery (when
it was on Bibb, North Court and Tallapoosa Streets) served as Chaplain
when Mr. Jefferson Davis was sworn in as President of the Confederate
States of America.
This new Montgomery Capitol was destined to be short lived. It burned
two years later, Dec 14, 1849, three days before the scheduled inauguration
of Gov. Henry W. Collier, which event the destruction of the Capitol
forced to be held in Court Street Methodist Church on Monday the 17th.
Representative Benjamin H. Baker of Crawford in Russell County, and
Senator James Abercrombie, a planter of the same county must be given
credit for prompting a fight to have the State rebuild the Capitol building
at public expense, and Thomas H. Watts, then a member of the House from
Butler, championed Montgomery's claim for the new structure though there
was a hard fight to carry the seat of government back to Tuscaloosa.
Nicholas Davis of the House (of Limestone County), chairman of the Ways
and Means Committee, adversed the Baker bill to have the State rebuild
the Capitol, but A. H. Kendrick of Coosa, leader of the minority, fought
Davis and with the aid of Senator Robert Ware of Montgomery they finally
won again for this city. The "financial condition of the treasury" was
at that time, as it has on many other occasions, blamed for the unwillingness
of the Davis Committee to have the State bear the expense of rebuilding.
It is learned from the current journals that when it was proposed to
move the Capital from Montgomery a suggestion was made to refund the
City of Montgomery $30,000 to repay it for building the Capitol and
for beautifying the grounds, so the cost of the original structure must
have been accordingly. The present central unit, what we term "the old
Capitol" was built by John P. Figh at a cost to the State of $62,527.
Nimrod E. Benson and Justus Wyman got $1 000 each for supervising it,
but the story of that building is not a part of this. Montgomery tradition
is, and I guess it is so, that the hill at the head of Market Street
where the town goats gathered each day was set aside in 1817 by Mr.
Andrew Dexter as the site of the State Capitol building which he predicted
would some day be here. Certain it is he conveyed it to the town and
never sold it to a private owner. Thirty years later, the Legislature
moved the Capital to Montgomery and the Montgomerians put it on Dexter's
chosen site: Goat Hill.
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