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Col. Powell’s scheme to move the Jefferson County Courthouse to Birmingham.

(The following is an excerpt from The History of the Elyton Land Company and Birmingham, Ala. 1892 by H. M. Caldwell, President Elyton Land Co.)

The Jefferson County Courthouse

Colonel Powell was a man of commanding influence, by reason of his very positive character and indomitable energy, and having entered into the project of building a city, he bent all the energies of his nature to that end…..

The location of the site for the future city of Birmingham within two miles of Elyton, then the county seat of Jefferson County, naturally excited in the breasts of the citizens of the latter village some feeling of jealousy. As Birmingham made rapid progress this feeling became intensified until, in the latter part of the year 1872, when the President of the Elyton Land Company prevailed upon the Legislature of the State to pass an act requiring the Sheriff of the County to order an election to decide the question as to the permanent location of the Court House as between Birmingham and Elyton, the excitement rose to fever heat.

This election was held under the loose election laws adopted by the Reconstruction Legislature which permitted a voter to cast his ballot at any precinct in the County without regard to residence, and under the operation of which the newly enfranchised “citizens of African descent” might vote at two or more places the same day with very little danger of detection.

Col. James R. Powell

Colonel Powell was a man who, when he made up his mind to accomplish a certain object, allowed no ordinary obstacle to defeat his purpose. He had determined to capture the Court House and he at once organized a vigorous campaign. His plans were of a most elaborate and comprehensive character and were carried out in all details with consummate skill.

On the day fixed by law for the election, the first Monday in May 1873, he had prepared, on the lot selected by him for the future Court House, a barbecue on a most extensive and liberal scale to feed the hungry voters which he proposed to bring to Birmingham. He had perfected arrangements with the railroads to run excursion trains from the furthest confines of the County and perhaps beyond, and to transport free every voter, without reference to “race, color or previous condition of servitude,” who would vote his way.

Trains rolled into town

About noon on the day of the election, these trains packed almost to suffocation with a dark mass of perspiring, hungry humanity, rolled into Birmingham. Colonel Powell, mounted on old man Dobbins’ calico pony, with a drawn sword in his hand, was at the depot to marshall his forces and march them to the ground, where long tables, improvised for the occasion, were now groaning beneath the load of savory meats just from the smoking pits. While the dusky sovereigns were being formed in line of march preparatory to the charge upon the dining tables, some wag caused it to be whispered among them that the tall, dignified gentleman on the calico pony was General Grant, and forthwith every mother’s son of them was prepared to exercise the prerogative of a free American citizen by voting for Birmingham as General Grant (?) wanted them to do.

The contest resulted in an overwhelming majority for Birmingham, and the Court House of Jefferson County was by the edict of the people permanently located at the Magic City. Vox Populi! Vox Dei!

This election was a striking commentary upon that feature of our government which, in the decision of great questions having a direct influence upon the value of real property, gives as much weight to the vote of the ignorant, impecunious citizen, who does not own enough ground in which to bury him, as to the vote of the intelligent, thrifty man, who counts his acres by the thousand.

Anger among the people of Elyton

A most intense feeling of indignation was aroused in the breasts of the good people of Elyton by this election, the canvass preceding it and the manner in which it was conducted. They honestly felt that the Court House which had been at Elyton since the formation of the county and had recently been rebuilt by them, belonged to them by right of possession at least. They believed the building was amply sufficient for the immediate needs of the county, and it seemed to them a great piece of injustice for Birmingham, their young, but cheeky neighbor, to deprive them of it in this manner, and in addition, to tax them for the erection of a new one, which, in their opinion, was an unnecessarily extravagant building. But in a comparatively short period “grim visaged war had smoothed its wrinkled front,” all the wounds inflicted by this acrimonious contest had healed, and the people of Elyton found, as Birmingham grew and prospered to such an amazing extent, that what at one time appeared a great calamity, was really a “blessing in disguise,” and they realized that the wonderful development of Birmingham had enhanced the value of their possessions greatly beyond their most sanguine expectations, and that they were much better off on account of their proximity to great Birmingham than they would have been by the possession of the Court House alone.

The Court House, built immediately after this election, and which was considered at that time such an extravagant building, was torn down in less than twelve years from the time it was erected and replaced by the present magnificent structure, costing over S300,000, and which, spacious as it is, is even now too small for the constantly increasing business of the rich and prosperous County of Jefferson.

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