Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.], Part 18

Author: Goodspeed, firm, publishers, Chicago. (1886-1891. Goodspeed publishing Company)
Publication date: 1889
Publisher: Chicago, St. Louis [etc.] The Goodspeed publishing co.
Number of Pages: 826


USA > Arkansas > Faulkner County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Garland County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Grant County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Hot Spring County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Jefferson County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Lonoke County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Perry County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Pulaski County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18
USA > Arkansas > Saline County > Biographical and historical memoirs of Pulaski, Jefferson, Lonoke, Faulkner, Grant, Saline, Perry, Garland and Hot Spring counties, Arkansas, comprising a condensed history of the statebiographies of distinguished citizens...[etc.] > Part 18


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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CHAPTER XV.


LEGAL AFFAIRS OF THE SECOND JUDICIAL DISTRICT-THE PIONEER BAR-EARLY INCONVENIENCES AND EXPERIENCES-LAWYERS OF FIFTY YEARS AGO-ORIGINAL TERRITORY OF THE SECOND DIS- TRICT-LITIGATION-HON. SAMUEL C. ROANE-OTHER PROMINENT PRACTITIONERS- JOIIN SELDEN ROANE-JAMES YELL-MARTIN W. DORRIS-JUDGE EUCLID JOHNSON-JUDGE ISAAC W. BAKER-HON. WILLIAM H. SUTTON- HON. CHESTER ASHLEY - FREDERICK W. TRAPNELL- ROBERT W. JOHNSON-GEN. ALBERT PIKE- RETROSPECTIVE.


He was not horne to shame; Upon his brow shame is ashamed to sit; For 'tis a throne where honour may be crowned Sole monarch .- Shakspeare.


MONG the contributions devoted to literature in Ar- kansas, and the preserva- tion of the memory of illus- trious men, none are more worthy of mention than those of Judge J. W. Bo- cage. who, in articles entitled " Old Memories," has resurrected incidents and facts connected with pioneer legal affairs that cannot but prove of inter- est. They are, therefore, accorded a prominent place in the present volume.


When the history of the old time bench and bar of the Second judicial district of the State of Arkansas is written, those pioneers of the judicial bar are meant who broke the brush and laid the foundation of the work which is beheld to-day-which, from the begin- ning, stood on as high a plane as any in all the land, and of which all thinking citizens are proud. The men of the new as well as of the old may ;


be possessed of manly vigor, heroic endurance, full of public spirit: possessing as many virtues. too, as is usually represented by honorable, brave, chivalrie manhood; and yet, with all this, do they represent the active, impulsive and combative side of human nature so absolutely necessary to the pioneer judge or lawyer, at the same time schooled to exercise a passive, reflective and quiescent thought and demeanor at the proper moment: It is a difficult task to picture the pioneer lawyer, whose requirements were necessarily a contradic- tion, and from whose life may be taken lessons of self-control, power of will, bravery and generosity well worth the learning.


He who supposes a lawyer's life journey, fifty years ago in Arkansas, was a smooth path of gen- tle declivity, set with roses, leading to a beautiful temple of justice, elaborately arranged with all the comforts and belongings of to-day, will read with surprise the great tasks necessarily performed semi-annually by their predecessors of 1836 and 1842, and will entertain a reverence and respect


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for those noble spirits who planted the standard of justice in the wilderness, and thus made lighter the work of the bar of the present.


Fifty years ago steamboats plying the Arkansas River were few; trips were irregular, and could not be relied on to carry judge and lawyer with any degree of certainty as to departure or arrival. There were only four short lines of railroad in the United States-not one mile in Arkansas. Morse had not begun to urge the importance of his tele- graph. There were very few wagon roads in the district besides those parallel with the Arkansas River, branching from the military roads (which were established by the United States government for military purposes). The Indian trail or neigh- borhood path, in which but one horse could go abreast, was the only line of communication from one settlement to another. To reach a point on a right line, distant only twenty miles, often required the travel of thirty. There were no bridges, and few ferries were established, often with only a canoe, for crossing a stream, by the side of which the lawyer's horse swam. If there was a flat-boat it was usually a small affair, carrying one horse and rider, with his saddle-bags, which contained his clothing, library and papers. The territory comprising this district was a wilderness. showing to perfection nature's grand handiwork, replete with towering forest trees of every wood valuable in commerce, underbrush, tangled vines, intermin- able swamps and dense cane-brakes, rivaling the famed jungles of India, with only a bridle-path to mark the line of travel to some settlement hewed out of the wilderness.


The meet for the trip around the circuit was usually at Pine Bluff, the most central point, and was looked forward to with much interest; for the ordeal through which he must pass, his prepara- tion and equipment must be of that character enabling him to surmount any difficulty; his horse must be a good swimmer as well as traveler, and was selected with great care; it must be strong and intelligent-able to swim high and be well gaited for the road under the saddle. At the spring term the waters of the Ouachita, Bartholomew, Saline, Moros, the Lagles and numberless creeks


and bayous were usually very high, scarcely even a canoe could be had, and streams were crossed with the rider in his saddle, saddle bags across his shoulders, his steed his boat and propelling power. Traveling far into the night to get to his destination, he was compelled, if this was not reached, to select a spot as near water as possible, unsaddle and camp, supperless, unless some one more provident than the others secured a lunch at the last resting place. The inevitable blanket, the pioneer lawyer's boon companion, was spread for a bed, and with his saddle for a pillow and the song of a mosquito for a lullaby, sleep came to the weary traveler, and dreams of coming victory.


That part of the Louisiana purchase, which subsequently became the Second judicial district, in 1836 was inhabited by the descendants of Span- ish, French and English settlers with migratory Indians, and an amalgamation of all, a very un- usual mixture of blood combining many peculiar traits of character. Their written language was pure French and English, but their spoken lan- guage was an almost incomprehensible idiom im- perfectly understood by either Spanish, French or English immigrants, rendering it necessary that the settler possess himself of the idiomatic mode of expression in vogue. The lawyer to fully com- prehend his client or the witness learned enough of this peculiar language to be sure of a correct understanding of his case.


The territory embraced in the old-time district covered many square miles, including what is now Jefferson, Arkansas, Desha, Lincoln, Chicot, Drew, Bradley, Ashley, Calhoun, Cleveland, Grant, Oua- chita, Columbus and Union Counties, extending from White River to the Louisiana line north and south, and from Pulaski County to the Mississippi River east and west. Fifty years ago this entire territory comprised but four counties: Jefferson, Arkansas, Chicot and Union. Court was held semi-annually then, as now, at Pine Bluff, Arkan- sas Post, Columbia and Scarborough's Landing. There being no county court houses, court was held in log cabin store houses cleared of goods for the purpose. Pine Bluff, the seat of justice of Jefferson County, was recognized under the Terri-


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torial government as a county seat, a mere speck in the wilderness, which grew in time to a village, happily situated on the bank of the Arkansas River, in the center of the county-commanding the fur and peltry trade of the surrounding country. In time its importance as a mercantile center for this trade became apparent. Pack-ponies from the mouth of the White and Arkansas Rivers, and pi- rognes and keel-boats pushed with poles and cor- dell lines from New Orleans, brought merchandise to be bartered for the product of trap and hunting. Settlements were made on the lands-fields were cleared and crops of cotton and corn grown. Trade increased and the fact clearly established that Pine Bluff was the center of trade and traffic for the entire country between Little Rock and the mouth of the Arkansas River. Population in- creased, and in 1836 it was deemed necessary to lay the site off into town lots, since which it has gradually extended its territory, increasing in im- portance as a trade center, and now, a city of the first-class, it grasps the entire trade within its reach and sits the queen of trade and traffic for twenty counties, without fear of a rival.


The consequent litigation growing out of trade and traffic at great trade centers necessarily pro- duces a bar of lawyers, whose capability is meas- ured by the importance of the litigation to care for. The demand at Pine Bluff was for the highest legal talent. On his plantation near Pine Bluff resided the Hon. Samuel Calhoun Roane, the cor- ner stone of the Pine Bluff judicial bar, and the Nestor of the bar of the State. He was born in Wilson County, Tenn., in December, 1792, and came to the Territory of Arkansas in 1819, and set- tling at the Post of Arkansas, there assisted by Mr. William E. Woodruff, published the first numbers of the Gazette. He removed to the vil- lage of Little Rock in 1820 and began the practice of law, laying the foundation of that prominence he subsequently attained among his associates as a land lawyer. In 1825 he married Miss Julia Em- bree, of Jefferson County. Joining the occupation of farmer to that of lawyer, he began opening up his cottonwood plantation near Pine Bluff, where he spent the remainder of his life. In his early


life he was a near neighbor of Gen. Andrew Jack- son, of whom he was a great admirer. A warm personal friendship was always maintained be- tween them. In his twenty-first year he fought under Gen. Jackson in the Alabama Creek War of 1813. . Among President Jackson's many friends and admirers, and during the first term of his Presidency, he singled out young Roane for ap- pointment to the United States district attorney's place for the Territory of Arkansas, which position he filled with credit-stamping him in point of legal ability far above mediocrity of lawyers. On admission of the State of Arkansas in 1836, he was elected a member of the State Senate, and at its organization was elected to preside over that body.


By virtue of his office as president of the Sen- ate, in the absence of Gov. Conway from the State, he became acting Governor, and signed many of the memorable real estate bank bonds which fell into the hands of the Holfords, of London, England, who in 1850 visited Arkansas and demanded of Gov. Samnel C. Roane personal payment, assuming that his signature, although made as Governor of the State, made him personally responsible. Judge Roane amassed a large fortune, and was, at his death, the wealthiest man in Jefferson County. He was the oracle to his neighbers of all questions pertaining to lands, was just and generous, and many acts of charity stand to his credit. He was not an eloquent speaker, but his fine sense and superior knowledge of the law placed him in the front rank as a pleader, and he claimed his place as a member of the bar of the Second judi- cial district to the day of his death, which occurred December 10, 1852.


John Selden Roane was born in Wilson County, Tenn., January 8, 1817; was educated at Princeton College, Kentucky, and immigrated to Arkansas in 1838; read law in the office of his brother, Hon. Samuel C. Roane; was licensed to practice and enrolled a member of the Pine Bluff bar in 1841. Few young men have climbed so rapidly the pin- nacle of fame. Brought in contact with such legal talent as that of the elder Roane, Pike, Trapnell, Fowler, Hempstead and others, he necessarily applied himself to win a high place among this


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galaxy of bright intellect. Noble, brave and generous to a fault, he won the esteem of his fel- low citizens of all parties, and although a Demo- crat, was selected by a Whig constituency to the legislature of 1842, serving his county to the sat- isfaction of all parties. Deeming it to his ådvan- tage to change location, he moved to Van Buren, Crawford County, in 1844. He again secured the respect and confidence of his new constituency and was returned by them to the House of Representa- tives in 1846, being elected speaker of the house, and presided over that body with dignity and honor, giving satisfaction to all parties. His most intimate friend, speaking of him, states that he well remembers his appearance just after the final vote was announced for speaker, his splendid physique and handsome features expressing the sense of his exaltation; elegantly dressed. wearing the graceful toga cloak of that day, he strode up the aisle to the speaker's seat, a picture of manly beauty rarely ever witnessed. A bystander re- marked: "I can now picture the great Triumvir, Mark Antony, as he mounted the Roman rostrum."


At the adjournment of the legislature he re- turned to Crawford County, resuming the practice of law. On the declaration of war with Mexico and the call for volunteers, he mustered a company of cavalry and with his characteristic energy, when fully aroused to action, he marched on an air line over hill and valley, across streams and swamps, hewing his way through the timber to the rendezvous at Washington, Hempstead County, the first company arriving on the ground. On the organization of the regiment he was elected lieu- tenant-colonel. Gov .- Col. Archibald Yell, being killed in the battle of Buena Vista, by virtue of seniority Lieut. - Col. Roane became colonel of the command. The war over, he returned to his old home at Pine Bluff and settled down as a planter. resuming the practice of law. In 1849 he was elected Governor of the State to fill the unexpired term of Gov. Drew. His administration was a credit to the State, his messages to the General As- sembly being well written, and showing a thorough knowledge of the wants of the State and the best means of supplying them. In 1850 he married Miss


Mary Kimbrough Smith, daughter of Gen. Nat. Smith, of Dallas County. On the inauguration of war between the States he espoused the cause of his section, receiving a brigadier-general's commission and took the field. Subsequently he came back home, involved in debt, and worn down with the struggle, to recover his lost fortune. He died at his home April 7. 1867.


Gov. John S. Roane was an impressive and logical speaker at the bar, a good stump orator, the soul of honor, a brave, chivalrous gentleman, with a heart full of charity and a truer friend no one could boast.


James Yell was one of the most remarkable men at the bar of the old Second district. He was styled the Apollo of the bar because of his com- manding form and handsome face. He was born in Bedford County, Tenn .. March 10, 1811. His early opportunity for school culture was not of the best, yet, by native pluck and industry, he acquired a fair education, which he improved greatly after attaining his majority. He taught school for three years at Shelbyville, Tenn., and served Bedford County one term as sheriff; later reading law under Malcolm Gilchrist, one of the most promi- nent jurists of Tennessee. Induced by his uncle, Col. Archibald Yell, he moved to Arkansas in March, 1838, settling in Pine Bluff. where he began his remarkable career at the bar. He struggled hard to rise to the top, which he reached by dint of hard work. Exceedingly combative, he entered into his client's case as if it was his own, and fought it inch by inch to the end. His aggres- sive and unyielding spirit made him in a great measure the butt of his fellow practitioner. The gauntlet thrown to him never reached the ground. This condition of spirit more than all things else brought about his success at the bar.


Yell, though not a superior pleader, was a forci- ble speaker, and as a jury lawyer had few equals. The records show that in almost every criminal case he had the defense, in seven out of ten of which he was successful. He was colonel, brigadier and major-general of the militia. As a militiaman he was on the Gen. Gideon Pillow style. With John S. Roane and John Martin he was placed on the


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Democratic electoral ticket in 1848 and made a thorough canvass of the State. He served one term in the State Senate.


Gen. Yell was afterward placed in many trying situations, always exhibiting great coolness and courage. He was noted for his kindness of heart and was too liberal for his own good; his many private charities, which were unknown to the world, stand largely to his credit. He died at his resi- dence in Pine Bluff of pneumonia. September 5, 1867.


Prominent at the Pine Bluff bar stood Martin W. Dorris, who was styled by his associates the Beau Brummel of the bar. He emigrated from Missouri to Arkansas in 1836, and settled in Pine Bluff, a well read lawyer. He did not practice his profession at first, but embarked with Mr. John W. Moulding in mercantile pursuits, establishing quite an extensive trade ..


Tiring of that business he sold out to his part- ner and opened a law office in 1837, and soon secured a lucrative practice. A good conversationalist, a forcible speaker on points of the law, he was more of a special pleader than a jury lawyer, his argn- ments being always well prepared.


Dorris was tall, spare built, of light complex- ion, light eyes and hair, with a graceful carriage, agreeable manners, always neatly and tastefully dressed, and a convivial companion. He had many friends throughout the district. Ile was non-com . bative and maintained his high position at the bar and with his people by his good sense and pru- dence. He was twice elected to represent his county in the General Assembly. His life's work was good, and the community in which he abided is the better that he lived. He died of cholera at Little Rock in 1852.


Arkansas Post, the county seat of Arkansas County, was established as a Spanish military post in 1664, the year the first settlement was made at Philadelphia. It was situated on the very verge of western civilization, and looking over towards the setting sun into the grand wilderness, planted by nature with forests, treeless plains, rivers cut deep down into the rocky beds and mountains, which are now taught to bow their crests to the genius of


the white man. Could the unwritten history of the old post be brought to light, the historian and romancer might weave a tale so grand, so full of thrilling adventure, so storied with love and hate, of joy and sorrow, of hair-breadth escapes and heroic deeds, worthy of the days of chivalry, as would rival the tales of the pilgrim fathers, or the Huguenots and Cavaliers of the eastern shore.


The site of the old post still exists, but the town is gone, swallowed up in that hail of death rained upon it by McLernand's grand army of 50,000 men, nine gun boats and rams under Admiral Porter, carrying eight and ten heavy naval pieces each, and manned by a thousand men with the finest equipment for naval warfare that the world could boast. To this immense armament were op- posed 3,000 men, under Brig. Gen. T. J. Church- hill, whose orders were from Lient. - Gen. T. H. Holmes, to "hold ont until help arrives, or until all are dead." Left withont discretion, but to do or die, he fought the most remarkable battle of the Civil War.


There were three famed hostelries on the Arkan- sas River in the olden time: Nick Peay's at Little Rock, James L. Buck's at Pine Bluff, and Mary John's, a slave of Col. James Scull, at the Post of Arkansas. These hostelries were the visiting law- yer's homes when on the circuit, and right royally were they entertained at each. The oft repeated pleasure is well remembered of a dismount at Mary John's tavern, and greeting with one's fellow at- torneys after a hard day's travel. Here was the home of James H. Lucas, afterward the St. Louis millionaire, who married Miss Deresseaux, a na- tive of French descent. Judge Lucas was an en- rolled member of the bar as early as 1833, and was judge of the probate court in 1834. His good fortune, no doubt, spoiled a good lawyer. He was well read, and possessed a superior intel- lect. The Hon. Terrence Farrelly, an Irish gen- tleman, who lived on his plantation near the old post, came to the bar in 1812. He was a local lawyer, rarely attending other courts. He died soon after the close of the Civil War.


Columbia, the old county seat of Chicot County, was situated on the bank of the Mississippi River,


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and was one of the earliest settled towns in Arkan- sas, an outgrowth of the old French settlement at Point Chicot. Many dark deeds were perpetrated in this old village, and not many that the record- ing angel would place to the credit side of the page. Yet, here lived some good people, whose better traits of character shone brighter from prox- imity and contrast with the evil-doers. Here re- sided some of the brightest intellects of the bar of the old Second district: Judges Roysden, Johnson, Baker and Sutton. Old River Lake near it is noted as the rendezvous of the great land pirate, John A. Murrill and his clan. The sight which greeted the eyes of one landing at Columbia, in 1836, was a dead man lying not far from the land- ing, superbly dressed, wearing fine jewelry, watch and chain, stabbed to death during the night. He was Gilliam Murrill, brother to John A. Murrill, murdered by Franklin Stuart, a near relative of Virgil Stuart, who gave the Murrill clan away. Years after, the same individual, then attorney for the State, assisted by Judge Edward A. Meany (who afterwards attained great celebrity at the St. Louis bar), prosecuted Stuart for that murder. Columbia seems to have atoned for her misdeeds by passing into oblivion, the great river having swallowed it from the sight of man forever. Thomas N. Byres, Hedgeman Triplett, Isaac N. Barnett, and Philander Littell (who, as State's attorney, wrote about fifty indictments for gaming, among which was one against Judge De Lafayette Roys- den, who quashed the indictment against himself, and fined the State's attorney), were members of the bar, and lived at Columbia.


Judge Roysden practiced in the Red River dis- trict of Louisiana as early as 1845; lived in Little Rock a short time and was elected judge of the Second district, serving one term. He died many years ago.


Judge Euclid Johnson was born in Kentucky; practiced law in Little Rock in 1836; was a brother of Vice-President Richard M. Johnson and Judge Ben Johnson, of Little Rock, He came to Arkan- sas in 1835, and the same year moved to Chicot County on his plantation near Columbia, and was elected circuit judge of the Second district, hold-


ing that office two terms. He was a fine and accomplished gentleman, well read and a good judge of law, with fine, equitable judgment. When off the bench he was a jolly good fellow, a bewitchingly social spirit, who loved an anecdote and joke, and could relate them well. When on the bench he was very dignified, and his decisions gave general satisfaction. He was fond of his friends and they enjoyed his companionship.


Judge Isaac W. Baker was a native of North Carolina, born in the year 1805, and was a grad- uate from Chappel Hill, N. C. Marrying at twen- ty-five, he fell under the displeasure of an ec- centric and very wealthy father, who withdrew his yearly supply of money. He at once opened a school in the old academy on the hill, so well known to all Wilmingtonians of the early day. Losing his young wife after the close of the second term, without saying a farewell to any one, he went to Cincinnati and there began the study of medi- cine. Losing his health and believing that he would not live long, he went to Texas in the midst of her struggle for independence, resolved to fling his life away against the Mexicans. Camp life and pure air restored his health. After the war was over he resolved to pursue the study of law, and entered a law office at New Orleans. From that place he moved to Columbia, Ark., where he practiced law until his election to the judgeship in 1854.


Judge Baker was an eccentric character, as were all the other members of his father's family. He was morose, ill-tempered and melancholy at times, so much so as to be quite disagreeable when in this mood. In forensic debate he often permitted him- self to lose his temper, but when upon the bench he was regarded as just and equitable in his decis- ions, and with all his peculiarities was probably one of the best judges of the early days. He was an intense student, and points of doubt he would study closely and analyze carefully before render- ing his decision. At the termination of his second term of office he moved to a farm near Batesville, Ark., and led almost a hermit's life. One day while sitting in his hall, his only sister, Mrs. How- ard, whom he believed to be in North Carolina, dis-


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mounted at his gate. He immediately went out of the back door, refusing to meet her, and left for Chicot County, where he purchased a plantation, upon which he killed his overseer, and died while in prison awaiting his trial, ending a life along the pathway of which were very few bright spots.


The Hon. William H. Sutton was born in Penn- sylvania, read law and began to practice in that State. Believing a more fertile field could be found in the southwest, and seeing the new State of Arkansas taken into the sisterhood of States in 1836, he bent his steps in that direction, landing in Columbia, in Chicot County, the same year. With pleasant emotion the writer's memory goes back over fifty years. When at Columbia he saw a tall, handsome, graceful young man, with features in- dicating intellect, and an impressive manly air, step from the deck of a Mississippi River steamer, evi- dently seeming to come with no longing looks back to the home of his youth, but with a resolve to cast his lot with those who had sought homes in Ark- ansas.




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