Albert Smith Marks (October 16, 1836November 4, 1891) was an American attorney, soldier and politician. He was the 21st governor of Tennessee from 1879 to 1881. Prior to that, he had served as a state chancery court judge. Marks fought for the Confederacy during the Civil War, and part of his leg was amputated as a result of a wound suffered at the

Battle of Stones River The Battle of Stones River, also known as the Second Battle of Murfreesboro, was a battle fought from December 31, 1862, to January 2, 1863, in Middle Tennessee, as the culmination of the Stones River Campaign in the Western Theater of the Am ...

in 1862.John Thweatt
Albert Smith Marks
''Tennessee Encyclopedia of History and Culture'', 2009. Retrieved: 2 November 2012.

Early life

Marks was born in Owensboro, Kentucky, one of seven children of Elisha Marks and Elizabeth (Lashbrook) Marks. His parents were pious

Methodist Methodism, also called the Methodist movement, is a group of historically related denominations of Protestant Christianity whose origins, doctrine and practice derive from the life and teachings of John Wesley. George Whitefield and John's ...

s,William Speer, ''Sketches of Prominent Tennesseans'' (Easley, S.C.: Southern Historical Press, 1978), pp. 74-76. Originally published in 1888. and initially wanted Albert to become a minister.John Allison,
Notable Men of Tennessee
', Vol. 1 (Atlanta: Southern Historical Association, 1905), pp. 69-71. He attended school in Owensboro until the age of 14, when his father died, and he focused on helping his mother maintain the family farm. Although he had little formal education afterward, he was an avid reader, and poured through multiple books on history and ancient literature. When he was 19, Marks moved to

Winchester, Tennessee Winchester is a city in and the county seat of Franklin County, Tennessee, United States. It is part of the Tullahoma, Tennessee Micropolitan Statistical Area. The population of Winchester as of the 2020 census was 9,375. History Winchester was ...

, to work in the law firm of his mother's cousin, Arthur S. Colyar. He read law with Colyar, and was admitted to the bar in 1858. The firm then practiced under the name Colyar, Marks and Frizzell. After Frizzell withdrew in 1861, the firm continued as Colyar and Marks.

Civil War

Although he was a Southern Democrat, Marks was an opponent of

secession Secession is the withdrawal of a group from a larger entity, especially a political entity, but also from any organization, union or military alliance. Some of the most famous and significant secessions have been: the former Soviet republics le ...

. In early 1861, he ran as the pro-Union candidate for his district's representative to the state's proposed convention on secession, and canvassed with his opponent, future governor

Peter Turney Peter Turney (September 22, 1827October 19, 1903) was an American politician, soldier, and jurist, who served as the 26th governor of Tennessee from 1893 to 1897. He was also a justice of the Tennessee Supreme Court from 1870 to 1893, and served ...

. When war broke out, Marks nevertheless joined the Confederate Army. He was elected captain of Company E, 17th Tennessee Infantry, which was initially under the command of

Felix K. Zollicoffer Felix Kirk Zollicoffer (May 19, 1812 – January 19, 1862) was an American newspaperman, slave owner, politician, and soldier. A three-term United States Congressman from Tennessee, an officer in the United States Army, and a Confederate States ...

, and saw action at the battles of Camp Wildcat (October 1861) and Mill Springs (January 1862) in Kentucky. After Zollicoffer's death in the latter engagement, the 17th was reassigned to General

Bushrod Johnson Bushrod Rust Johnson (October 7, 1817 – September 12, 1880) was a Confederate general in the American Civil War and an officer in the United States Army. As a university professor he had been active in the state militias of Kentucky and Tennes ...

's forces. In May 1862, Marks was promoted to major. During a reorganization of Confederate forces in June 1862, Marks was promoted to colonel, and placed in command of the 17th. His regiment was assigned to General Simon B. Buckner's division, which launched an invasion of Kentucky in the Fall of 1862. Marks's regiment fought at the

Battle of Munfordville The Battle of Munfordville (also known as the Battle of Green River) was an engagement in Munfordville, Kentucky during the American Civil War. Victory there allowed the Confederates to temporarily strengthen their hold on the region and impai ...

, where was he chosen by Buckner to accept the formal surrender of Union forces. Following this invasion, the 17th was assigned to General

Patrick Cleburne Major-General Patrick Ronayne Cleburne ( ; March 16, 1828November 30, 1864) was a senior officer of the Confederate States Army who commanded infantry in the Western Theater of the American Civil War. Born in Ireland, Cleburne served in the 4 ...

's division, with which it fought at the Battle of Stones River on December 31, 1862. As Marks's regiment charged a Union battery during this engagement, his right leg was shattered by

canister shot Canister shot is a kind of anti-personnel artillery ammunition. Canister shot has been used since the advent of gunpowder-firing artillery in Western armies. However, canister shot saw particularly frequent use on land and at sea in the various ...

, and was subsequently amputated below the knee. Marks spent most of the remainder of the war convalescing in Winchester and at a hospital in LaGrange, Georgia,Joseph Herndon
National Register of Historic Places Nomination Form for Hundred Oaks
1974. Accessed via the Historic American Buildings Survey database at the Library of Congress digital collections, 2 November 2012. though he later joined General Nathan B. Forrest's staff as a judge advocate. After the war, he practiced law with Colyar in Winchester until 1866, when Colyar moved to Nashville. He then formed a firm with partners James Fitzpatrick and T.D. Gregory.

Governor

Marks was elected judge of the state's Fourth Chancery District in 1870. He was reelected in 1878, but resigned after receiving the Democratic Party's nomination for governor later that year. In the general election, he won easily, receiving 89,958 votes to 42,284 votes for the

Republican Republican can refer to: Political ideology * An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law. ** Republicanism, the ideology in support of republics or agains ...

candidate, Chattanooga Mayor Eli M. Wight, and 14,155 votes for the Greenback candidate, Richard M. Edwards of

Cleveland Cleveland ( ), officially the City of Cleveland, is a city in the U.S. state of Ohio and the county seat of Cuyahoga County. Located in the northeastern part of the state, it is situated along the southern shore of Lake Erie, across the U.S. ...

.Phillip Langsdon, ''Tennessee: A Political History'' (Franklin, Tenn.: Hillsboro Press, 2000), pp. 203-204. Marks was the first lifelong Democrat to be elected after the Civil War (his two predecessors, John C. Brown and James D. Porter, had been Whigs before the war). Like his two immediate predecessors, the major issue confronting the Marks administration was the state's debt crisis, which had resulted from the gradual accumulation of bonded debt to pay for internal improvements and railroad construction over the previous four decades. The

Panic of 1873 The Panic of 1873 was a financial crisis that triggered an economic depression in Europe and North America that lasted from 1873 to 1877 or 1879 in France and in Britain. In Britain, the Panic started two decades of stagnation known as the ...

had greatly reduced property tax revenue, and the state had defaulted on its bond payments in 1875. Furthermore, a

Yellow Fever Yellow fever is a viral disease of typically short duration. In most cases, symptoms include fever, chills, loss of appetite, nausea, muscle pains – particularly in the back – and headaches. Symptoms typically improve within five days. ...

epidemic had decimated

Memphis Memphis most commonly refers to: * Memphis, Egypt, a former capital of ancient Egypt * Memphis, Tennessee, a major American city Memphis may also refer to: Places United States * Memphis, Alabama * Memphis, Florida * Memphis, Indiana * Memp ...

, putting more strains on the economy.Finding Aid for the Governor Albert Smith Marks Papers
, Tennessee State Library and Archives, 1964. Retrieved: 2 November 2012. By the time Marks took office, his party had split into two factions— those who favored full repayment of the debt to protect the state's credit, and those who favored only partial repayment. Marks appointed a legislative committee to investigate the debt issue. The committee determined that railroad agents had acted unethically during the Brownlow administration, and had attempted to defraud the state, and thus should only be entitled to partial repayment. Marks agreed, and a new repayment plan was negotiated with banks. When this plan was put before the state's voters, however, they soundly rejected it by a vote of 76,333 to 49,772, leaving the issue unresolved. Marks did not seek reelection in 1880, realizing his party was still badly split over the debt issue. The divided Democrats were defeated in the general election for governor later that year.

Later life

Following his gubernatorial term, Marks formed a new law partnership with Colyar and John Childress, Jr., known as Colyar, Marks and Childress. This firm operated until 1883. Marks remained active in politics in his later years. He was an

elector Elector may refer to: * Prince-elector or elector, a member of the electoral college of the Holy Roman Empire, having the function of electing the Holy Roman Emperors * Elector, a member of an electoral college ** Confederate elector, a member of ...

for the Democratic presidential ticket for Tennessee's at-large district in 1888, and attended the Democratic National Convention later that year. Marks died at the

Maxwell House Hotel The Maxwell House Hotel was a major hotel in downtown Nashville. Because of its stature, seven US Presidents and other prominent guests stayed there over the years. It was built by Colonel John Overton Jr. and named for his wife, Harriet (Maxwell) ...

in Nashville on November 4, 1891. He was interred in the Winchester City Cemetery.

Family and legacy

Marks married Novella Davis in 1863, while he was recovering from his injury received at the Battle of Stones River. They had become engaged prior to this battle, and after his leg was amputated, he offered to release her from the engagement, but she refused. They had two children, Arthur Handly Marks and Albert Davis Marks. Marks lived on a plantation near Winchester he had purchased around 1870. In 1889, his son, Arthur, began building a massive house at this plantation that became known as Hundred Oaks Castle.Hundred Oaks Castle - History
Retrieved: 2 November 2012. After Arthur's death, his son, John, continued its expansion. Hundred Oaks was occupied by the Catholic

Paulist Fathers The Paulist Fathers, officially named the Missionary Society of Saint Paul the Apostle ( la, Societas Sacerdotum Missionariorum a Sancto Paulo Apostolo), abbreviated CSP, is a Catholic society of apostolic life of Pontifical Right for men founded ...

throughout the first half of the 20th century. The house was placed on the

National Register of Historic Places The National Register of Historic Places (NRHP) is the United States federal government's official list of districts, sites, buildings, structures and objects deemed worthy of preservation for their historical significance or "great artistic ...

in 1975 and documented by the

Historic American Buildings Survey Heritage Documentation Programs (HDP) is a division of the U.S. National Park Service (NPS) responsible for administering the Historic American Buildings Survey (HABS), Historic American Engineering Record (HAER), and Historic American Landscapes ...

in the mid-1980s, and is currently maintained by the non-profit Kent Bramlett Foundation.

References

External links

National Governors AssociationGovernor Albert Smith Marks Papers, 1879-1881
Tennessee State Library and Archives. {{DEFAULTSORT:Marks, Albert S. 1836 births 1891 deaths Governors of Tennessee Politicians from Owensboro, Kentucky People from Winchester, Tennessee American amputees Tennessee state court judges Tennessee Democrats Confederate States Army officers People of Tennessee in the American Civil War Democratic Party governors of Tennessee American lawyers admitted to the practice of law by reading law 19th-century American judges 19th-century American politicians American lawyers with disabilities American politicians with disabilities