H06AN, JOHN B. SPEECH, UNIVERSITY OF MICHIGAN |||||||||| 69 3884 yº & 4 7/ To THE PUBLIC. On the 11th inst. COL. JOSEPH BATES, JR. recently elected a member of the House of Representatives, published the following card : TO THE PUBLIC. “The author of the contemptible effusion, which appeared in the Register and Patriot of Wednesday, the 10th inst. over the signature of “M.” is JOHN B. HOGAN. This man having been already disgraced by me, and recently charged with coward- ice and falsehood without resenting the same, I consider it suffi- cient merely to give his name in order to hold him up to the me- rited scorn and indignation of my fellow citizens. - “J. BATES, Jr. “*.* The Editor of the Register and Patriot, will I am per- suaded, do me justice to publish this note, with an assurance this shall be the last notice I shall take of J. B. Hogan. ** J. B. Jr.?? From the tenor of this Card, it would seem that I had written and published “a contemptible effusion,” and one that had greatly outraged Col. Bates’ feelings, and deserved at his hands any sort of a reply. The piece however that I had inserted was neither an attack on Col. Bates’ feelings, nor was it a contemptible effusion ; but was such a call as any public man would feel himself bound at once to reply to, and if it contained insinuations reflectig on Col. Bates’ public conduct, he should answer them. The fol- lowing was the article: * * * * “JMr. Editor: As a matter of curiosity, I want to know who is Clerk of the Circuit Court P And also, if you can tell, who is or will be appointed Director in the State Branch Bank, vice Col. Bates, who is ineligible to either station, by virtue of his election to the Legislature ? See the Constitution of Alabama, and see the Charter of the Bank, and you will see no member of the Le- gislature is eligible to either office. Will Col. Bates continue to hold all these offices P” Signed, - º - - - * º ~ º, - s * * - - sº |- º -" * º R - $º. yºs ºssº Col. Bates knew he wº substituting his own will and" pleasure and trampling the laws and constitution under foot, by continuing to hold the office of Clerk, after he became a member of the Le- gislature, and was it wrong in me or any other citizen to ask if he intended to hold on to that office, as well as to the office of Bank Director; which in defiance of law he persists in holding—for it appears there is not independence enough in the Mobile Board of President and Directors to tell Col. Bates that his duties ceased when he became a member of the Legislature, which took place on the first Monday in this month. I knew Col. Bates to be my enemy, and I knew he would operate against my paper if he had a chance to do so. Whether he has doue so or not, I have no means of knowing, but I had a right to remind the Board, and also Col. Bates, that they were both violating the law, the one in going there, and the other in permitting him to continue in the exercise of the powers of a Director. See Digest, page 58, 8th article in these words: “No person who is not a citizen of this State, or who is a Director of any other Bank, or copartner of any such director, shall be eligible as President or Director of this Bank; nor shall any member of the General Assembly of this State be eligible to any office in said Bank, or any Branch Bank thereof, during the time for which he is elected.” - Col. Bates became a member of the Legislature on the 1st day of August inst. See the 3d article of the Constitution of this State, 2d sec. “The members of the House of Representatives shall be elected by the qualified electors, and shall serve for one year from the day of the commencement of the general election and no long- er.” This article of the constitution fixes the term for which Col. Bates is to serve as a member of the legislature. The question then is, does it disqualify Col. Bates from serving as a Clerk of *the Circuit Court, as well as a Director It has been said in *- behalf of Col. Bates, that Dr. Roberts did the same thing last year, when he was elected Senator. Admit it : two wrongs will never make one right, and the precedent of Dr. Roberts was in violation of the same law, and should not be followed. But let us see what has been the conduct of other gentlemen of this city, 3 - 3 - 3 & - equally as well qualified to determine a law question, as the Sena- tor or Representative of this county. In May last, Capt. Jack F. Ross and Col. John W. Freeman, were elected Directors in the Planters and Merchants Bank. Their copartners, Mess. Fon- taine and Ford, were elected the same day that Col. Bates was by the legislature, Directors in the State Branch Bank. Yet we have seen that as soon as Capt. Ross and Col. Freeman were Directors in the Planters and Merchants Bank, their copartners resigned their seats in the state branch bank on the ground of in- eligibility. The article that disqualified them, disqualifies a mem- ber of the legislature. Another case that has long since been decided in the mother bank. Major Hardin Perkins of Tusca- loosa, was elected a director in the state bank, and during the following summer became a candidate and was a elected a mem- ber of the legislature for that county. Major Perkins had his doubts whether it disqualified him, and went to the board where his case was discussed in his presence, and without giving him the least offence either, and the opinion of the attorney taken, which was decidedly against him, and he resigned his seat and retired. The words of the law are plain enough and and the spirit and in- tention of it is still plainer, or why prohibit members from endors- ing? Is it not to keep them as much as possible out of the banks, where they must of necessity have great influence from their hav- ing the power to elect annually all the directors in the state bank and its branches. The legislature wisely foresaw how difficult it would be to restrain the improper influence of members, and the present case is one in point: Can it be believed that any other man but a member of the legislature would be permitted by the present board to continue in his seat after his eligibility had been destroy- ed" Have we not seen with what avidity the board has seized on the absence of directors to fill their places by some of their favo- rites. Even Col. Hoston who left here for Texas, had not been disqualified by absence before Col. Bates removed him by Reso- lution, and placed his friend Mr. Jas. G. Lyon, in the board.— But the case of Messrs. Ford and Fontaine, who resigned, is dif- ferent only because Col. Bates has a vote on the re-election of - __ - - - - - - - - - - 4. President and Directors, and therefore he is permitted to occupy a seat in direct defiance of law, and their duty to enforce it. Another reason that induced me to enquire who is Clerk of the Circuit Court, was that I had business in that court and had a right to know why Col. Bates continued their after his election; and I had also a right, as well as every other citizen, to know why Col. Bates did not resign his office of clerk before the last general election. It certainly was not from fear that he would not be elected to the legislature. He had no doubts on that sub- ject, nor had any of his friends, and it is believed to have been his duty to have released himself before he became a candidate for the House of Representatives, from the disability of the 3d article of the constitution of Alabama, 26th section, which reads thus: “JNo person holding a lucrative office under the United States (Postmasters excepted) in this State or any other power, shall be eligible to the general assembly: Provided that offices in the mi- litia to which there is attached no annual salary, or the office of justice of the peace, or that of the quorum or county court, while it has no salary shall not be deemed lucrative.” The office that Col. Bates held, was Clerk of the Circuit Court, the duties of which he has never personally performed, and it is a lucrative office, and while he held that office was ineligible to the general assembly. But Col. Bates thought proper to retain that office while he run for one that, under the constitution, he was in eligible to. His motives can easily be seen through. He must have calculated that he could procure from Judge Harris the ap- pointment for his brother or some other favorite for one year, and by that time his successor in the clerk’s office would be ready to run for the office after one years electioneering. It is believed that Judge Harris’ term of office expires during the present session, and Col. Bates has a vote on his re-election, and in so small an affair of pleasing him in the appointment of his successor, there would be no doubt of Col. Bates' assistance. Thus they go- “tickle me and I will tickle you ;” and by thus retaining the office until after the first day of August, the people would be deprived of their right of suffrage for one year, and their right, which to be 5 sure is of small consequence in the opinion of some men, tram- pled under foot, for it is well known that if Col. Bates had resign- ed before the election, the Sheriff would have done his duty and ordered the election.* As a citizen of this county, had Î a right to make such enqui- ries, or make any at all, where Col. Bates' official conduct is con- cerned ? Or has it come to this, that Col. Bates shall rule this city and county, as despotically as ever Santa Anna did Mexico, and no man must question his right to trample on the laws when he pleases, and how he pleases. I trust that we have not yet ar- rived at that state of degradation, although I am well aware that Col. Bates has a party in this city ready at all times and at all events to sustain him, right or wrong. To such gentlemen I make no appeal,—but to the independent voters of this city, I ask how long is this man to rule and govern us. Although it is well known he has never yet had a vote in our municipal elections, he is al- ways seen at the polls challenging votes and using as much exer- tion as if he resided within the corporation, and had the right of suffrage. If a police officer is to be elected or one of the city guard, or any other office to be filled by the Mayor and Alder- men, Col. Bates is the first man to be sought and coveted for his influence. If a vacancy occurs in the Bank, in any office, it is the same thing. These things are seen, felt and deplored by every good citizen of this city, but such power does Col. Bates possess over his party, and they rule the City—the State Bank and a portion of the press, that no business man will come in colli- sion with him or them, if he can avoid it. It has been said that I am his enemy, and therefore ought not to have noticed his violations of law and constitution. Excellent reasons. Every political or public man would like to silence his enemies by just such reasons. Have my enemies acted in the same way towards me ! And again, it has been said that had these queries made their appearance before the general election, nothing would have been thought of them ; but it was wrong to put them in the paper after the election was over. Now, I think that the proper time for a cool and fair examination of a public man’s offi- - - - 6 cial conduct, is when there is no elections on hand to excite the passions. Had anything been written here concerning Col. Bates before the election, his partizans would have said, it was all false and for electioneering purposes. But now, it is wrong because there is no chance of gainsaying the constitution and law. The course pursued by Col. Bates in publishing his card, left me no alternative but to call him out, -even to do this in the usual manner was debarred me, by his publication. I could not after that publication urge any friend to carry my challenge. He had poingously put himself on his dignity, and to have sent a friend, would have involved that friend in a personal controversy, and per- haps he would have done as he did on a former occasion, knock the second down with his bludgeon. I therefore took the advice of some friends, and sent Col. Bates the following note through the Post Office: “MobiLE, Aug. 13, 1836. “Col. Joseph Bates, Jr. “Sir—Your publication of this morning, is of such charae- ter, as requires some notice from me. You are the Colonel of this county,+Clerk of the Circuit Court, Director of the Branch of the Bank of the State of Alabama, and member elect of the Legis- lature, and have acquired some reputation as a very strong man and brave soldier ;-we have met before in a street broil, to the manifest injury of the peace and character of this city. We ex- changed shots; you received my lead and i had the full benefit of your system of biting and gouging, and in the affray I lost a fore finger, which you so mangled with your teeth, as to compel me to have it cut off. You are therefore aware of your bodily strength and my inability to cope with you in your way of settling con- troversies : But among gentlemen there is always reserved to the true man of courage, another course and one that will place each of us on an equality. I now make that demand of you, and re- quire that you shall give me satisfaction for the personal abuse offered in your publication of this morning. I send this demand through the Post Office, as I will not involve any friend of mine with a request to carry it, after the threat you hold out in your 7 publication. You cannot object to the channeſ you receive this communication through. When you will send me a friend with your acceptance, every arrangement shall be made on my part for a meeting as speedily as you please, and upon terms of perfect equality. I am, &c. JNO. B. HOGAN. 22 “P. S.—As soon as you notify me that you accept my call and name your friend, I will send mine to him to arrange a meeting.” To this call, Col. Bates stands mute and refuses to respond, and I am told he refused to receive the note, althong he knew what it contained. If Col. Bates does not know its contents he has now an opportunity of knowing that I demand satisfaction in the manner and form customary among gentlemen. He well knows that his strength is superior to mine, and that I am unable to contend with him in a club fight, biting and gouging :-but if Col. Bates is a brave man, he will want no advantage, but will yield me a meeting on terms of equality? If he continues to refuse or neglect to do so, a discriminating public will know the difference between a bully who depends on his bodily strength, club and teeth, and the man of true courage, who never wishes to decide his con- troversy on terms of inequality. But perhaps Col. Bates thinks I am unworthy of his notice and is therefore done with me, and al- ledges that I did not resent the attack made on me by the Land Stealers of the Greek Nation. If Col. Bates stood in the same situation that these men do, I should certainly take no more no- tice of him than I have done of them —but he is a member of the legislature—is colonel of the county—director in the bank—and clerk of the circuit court, and whatever my private opinion may be of Col. Bates, I must in consideration of the position he occu- pies in this community, consider him as a gentlemen, and I have therefore called him out as one. But it will not do for Col. Bates to refuse me a meeting on the score of character, mine is well * known and no one in this community, (his sycophants included,) will ever believe that I am unworthy, or even that he thinks so 2 They will understand his motives better. I too, can remind the Colonel of a little book published in Tuscaloosa in 1830, by a cer- - S tain gentleman, now an Ex-Governor, (see pages 13 & 19,) in which the Colonel figures among a motley crew. Has he ever set- tled the matter of that publication ? And before he talks of cha- racter, it will be well to inform the public how that matter was ad- justed. It is adjusted,—but how ! The Colonel speaks of disgrac- ing me. Was it by biting off my finger ? If that digraces a man, the Colonel disgraced another by biting his lip off. Such disgrace as this I am willing to leave to the judgment of braver and honor- able men, and I have no doubt the disgrace will be awarded to - - - - - - - - --- - that man who will disgracefully use his teeth. =- Sept. 15, 1836. JNO. B. HOGAN. P. S.—As Col. Bates' friends who are anxious to be made Bank Directors by his serving in the Legislature, will no doubt insist on his refusing me a meeting. I have only to add that when the Colonel finishes the great display he will make in the next Legislature of his powerful talents, and return to the bosom of his constituents, and - concludes to afford me a meeting, he has only to send a friend to me, and I will af- ford him an opportunity to prove his bravery. J. B. H. * Since the above was in press, I am informed that Judge Harris has visited this city, received the Colonel’s resignation, and appointed his Brother, (as predicted,) Clerk of the Circuit Court. - - - - - - - - - º - - - - * - ------- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - --