Biographical and historical memoirs of northeast Arkansas : comprising a condensed history of the state biographies of distinguished citizens a brief descriptive history of the counties, and numerous biographical sketches of the prominent citizens of such counties. V. 1, Part 11

Author:
Publication date: 1889
Publisher: Chicago, Nashville, St. Louis : The Goodspeed Pub. Co.
Number of Pages: 1026

USA > Arkansas > Biographical and historical memoirs of northeast Arkansas : comprising a condensed history of the state biographies of distinguished citizens a brief descriptive history of the counties, and numerous biographical sketches of the prominent citizens of such counties. V. 1 > Part 11

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of modern civilization-to-day fighting the most heroic battles for the poor and the oppressed ; to- morrow, perhaps, expending equal zeal and elo- quence in the train of the bloody usurper and ty- rant. As full of inconsistencies as insincerity it- self, it is also as noted for as wise, conservative and noble efforts in behalf of our race as ever distin- guished patriot or sage.

The dangers which beset the path of the law- yer are a blind adherence to precedent, and a love of the abstruse technicalities of the law practice. When both or either of these infirmities enter the soul of the otherwise young and rising practitioner, his usefulness to his fellow man is apt to be perma- nently impaired. He may be the "learned judge," but will not be the great and good one.

The history of the bench and bar should be an instructive one. The inquirer, commencing in the natural order of all real history, investigating the cause or the fountain source, and then follow- ing up the effects flowing from causes, is met at the threshold with the question, Why ? What natural necessity created this vast and expensive supernumerary of civilization ? The institution in its entirety is so wide and involved, so comprehen- sive and expensive, with its array of court officials, great temples, its robes, ermine and wool-sacks; its halls, professors, schools and libraries, that the average mind is oppressed with the attempt to grasp its outlines. In a purely economic sense it produces not one blade of grass. After having elucidated this much of the investigation as best he can, he comes to a minor one, or the details of the subject. For illustration's sake, let it be assumed that he will then take up the considera- tion of grand juries, their origin, history and present necessity for existence. These are mere hints, but such as will arrest the attention of the student of law of philosophical turn of mind. They are nothing more than the same problems that come in every department of history. The school of the lawyer is to accept precedent, the same as it is a common human instinct to accept what comes to him from the fathers-assuming everything in its favor and combating everything that would dispute "the old order." It is the exceptional mind which

looks ancient precedent in the face and asks ques- tions, Whence ? Why ? Whither ? These are gen- erally inconvenient queries to indolent content, but they are the drive-wheels of moving civiliza- tion.

One most extraordinary fact forever remains, namely, that lawyers and statesmen never unfolded the science of political economy. This seems a strange contradiction, but nevertheless it is so. The story of human and divine laws is much alike. The truths have not been found, as a rule, by the custodians of the temples. The Rev. Jaspers are still proclaiming " the world do move." Great states- men are still seriously regulating the nation's "balance of trade," the price of interest on money, and through processes of taxation enriching peo- ples, while the dear old precedents have for 100 years been demonstrated to be myths. They are theoretically dead with all intelligent men, but are very much alive in fact. Thus the social life of every people is full of most amusing curi- osities, many of them harmless, many that are not.

The early bench and bar of Arkansas produced a strong and virile race of men. The pioneers of this important class of community possessed vigor- ous minds and bodies, with lofty ideals of personal honor, and an energy of integrity admirably fitted to the tasks set before them.

The law of the land, the moment the Louisi- ana purchase was effected, was the English com- mon law, that vast and marvelous structure, the growth of hundreds of years of bloody English history, and so often the apparent throes of civil- ization.

The circuit riders composed the first bench and bar here, as in all the western States. In this State especially the accounts of the law prac- tice-the long trips over the wide judicial circuits; the hardships endured, the dangers encountered from swollen streams ere safe bridges spanned them; the rough accommodations, indeed, some- times the absence of shelter from the raging ele- ments, and amid all this their jolly happy-go-lucky life, their wit and fun, their eternal electioneering. for every lawyer then was a politician: their quick- ened wits and schemes and devices to advantage

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HISTORY OF ARKANSAS.

each other, both in and out of the courts, if all could be told in detail, would read like a fascinat- ing romance. These riders often traveled in com- panies of from three to fifteen, and among them would be found the college and law-school gradu- ates, and the brush graduates, associated in some cases and opposed in others. And here, as in all the walks of life, it was often found that the rough, self-educated men overmatched the graduates in their fiercest contests. While one might understand more of the books and of the learned technicalities of law, the other would know the jury best, and overthrow his antagonist. In the little old log cabin court rooms of those days, when the court was in session, the contest of the legal gladiators went on from the opening to the closing of the term. Generally the test was before a jury, and the people gathered from all the surrounding coun- try, deeply interested in every movement of the actors. This was an additional stimulus to the lawyer politicians, who well understood that their ability was gauged by the crowd, as were their suc- cesses before the jury. Thus was it a combination of the forum and "stump." Here, sometimes in the conduct of a noted case, a seat in Congress would be won or lost. A seat in Congress, or on the "wool sack," was the ambition of nearly every circuit rider. Their legal encounters were fought out to the end. Each one was dreadfully in earn- est-he practiced no assumed virtues in the strug- gle; battling as much at least for himself as his client, he would yield only under compulsion, even in the minor points, and, unfortunately, sometimes in the heat of ardor, the contest would descend from a legal to a personal one. and then the handy duello code was a ready resort. It seems it was this unhappy mixture of law and politics that caused many of these bloody personal encounters. In the pure practice of the law, stripped of polit- ical bearings, there seldom, if ever, came misunder- standings.

They must have been a fearless and earnest class of men to brave the hardships of professional life, as well as mastering the endless and involved intricacies of the legal practice of that day. The law then was but little less than a mass of un-

meaning technicalities. A successful practitioner required to have at his fingers' ends at least Black- stone's Commentaries and Chitty's Pleadings, and much of the wonders contained in the Rules of Evidence. Libraries were then scarce and their privations here were nearly as great as in the com- mon comforts for "man and beast." There have been vast improvements in the simplifying of the practice, the abolition of technical pleadings es- pecially, since that time, and the young attorney of to-day can hardly realize what it was the pio- neers of his profession had to undergo.

A judicial circuit at that early day was an im- mense domain, over which the bench and bar regularly made semi-annual trips. Sometimes they would not more than get around to their starting point before it would be necessary to go all over the ground again. Thus the court was almost literally "in the saddle." The saddle-bags were their law offices, and some of them, upon reaching their respective county-seats, would sig- nalize their brief stays with hard work all day in the court-room and late roystering at the tavern bar at night, regardless of the demurrers, pleas, replications, rejoinders and sur-rejoinders, declara- tions and bills that they knew must be confronted on the morrow. Among these jolly sojourners. "during court week" in the villages, dignity and circumspection were often given over exclusively to the keeping of the judge and prosecutor. Cir- cumstances thus made the bench and bar as social a set as ever came together. To see them return- ing after their long journeyings, sunburned and weatherbeaten, having had but few advantages of the laundry or bathtub, they might have passed for a returning squad of cavalry in the late war. One eccentric character made it a point never to start with any relays to his wardrobe. When he reached home after his long pilgrimage it would be noticed that his clothes had a stuffed appearance. The truth was that when clean linen was needed he bought new goods and slipped them on over the soiled ones. He would often tell how he dreaded the return to his home, as he knew that after his wife attended to his change of wardrobe he was "most sure to catch cold."

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On one occasion two members of the bar met at a county seat where court was in session a week. They had come from opposite directions, one of them riding a borrowed horse seventy miles, while the other on his own horse had traveled over 100 miles. Upon starting home they unwittingly ex- changed horses, and neither discovered the mistake until informed by friends after reaching their des- tination. The horses could hardly have been more dissimilar, but the owners detected no change. It was nearly the value of the animals to make the return exchange, yet each set out, and finally re- turned with the proper horse. No little ingenuity must have been manifested in finally unraveling the great mystery of the affair.

Surrounded as they were with all these ill con- ditions, as a body of men they were nevertheless learned in the law, great in the forum, able and upright on the bench. Comparisons are odious, but it is nothing in disparagement to the present generation of courts and lawyers, to say that to be equally great and worthy with these men of the early bench and bar of Arkansas, is to exalt and ennoble the profession in the highest degree.

Sixty years have now passed since the first coming of the members of this calling to the State of Arkansas. In 1819 President Monroe appointed James Miller, governor, Robert Crittenden, secre- tary, and Charles Jouitt, Andrew Scott and Robert P. Letcher, judges of the Superior Court, for the new Territory of Arkansas. All these, it seems, except Gov. Miller, were promptly at the post of duty and in the discharge of their respective offices. In the absence of Mr. Miller, Mr. Crittenden was acting governor. These men not only constituted the first bench and bar, but the first Territorial offi- cials and the first legislature. They were all lo- cated in the old French town of Arkansas Post. The lawyers and judges were the legislative body, which enacted the laws to be enforced in their re- spective districts. At their first legislative session they established but five statuto laws, and from this it might be inferred that there were few and simple laws in force at that time, but the reader will remember that from the moment of the Louis- iana purchase all the new territory passed under

the regulation and control of the English common law-substantially the same system of laws then governing England.

It is a singular comment on American juris- prudence that this country is still boasting the pos- session of the English habeas corpus act, wrung by those sturdy old barons from King John, -a government by the people, universal suffrage, where the meanest voter is by his vote also a sov- ereign, and therefore he protects himself against -whom ?- why, against himself by the English | habeas corpus act, which was but the great act of a great people that first proclaimed a higher right than was the "divine right of kings." When these old Englishmen presented the alternative to King John, the writ or the headsman's ax, he very sensi- bly chose the lesser of the two great inconven- iences. And from that moment the vital meaning of the phrase "the divine right of kings" was dead in England.

In America, where all vote, the writ of habeas corpus has been time and time again suspended, and there are foolish men now who would gladly resort to this untoward measure, for the sake of party success in elections. There is no language of tongue or pen that can carry a more biting sar- casm on our boasted freemen or free institutions than this almost unnoticed fact in our history.

One of the acts of the first legislative session held in August, 1819, was to divide the Territory into two judicial circuits. As elsewhere stated, the counties of Arkansas and Lawrence constituted the First circuit; Pulaski, Clark and Hempstead Coun- ties forming the Second.

The judges of the Superior Courts were as- signed to the duties of the different circuits. At the first real Territorial legislature, composed of representatives elected by the people, the Territory was divided into three judicial circuits. The courts, however, for the different circuits, were all held at the Territorial capital. There was no cir- cuit riding. therefore, at this time.

Judicial circuits and judges residing therein were not a part of judiciary affairs until 1823. The judges of the First circuit from that date, with time of appointment and service, were: T. P. Eskridge.

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December 10, 1823; Andrew Scott, April 11, 1827; Sam C. Roane, April 17, 1829-36. The list of prosecuting attorneys includes: W. B. R. Horner, November 1, 1823; Thomas Hubbard, November 5, 1828, to February 15, 1832; G. D. Royston, September 7, 1833; Shelton Watson, October 4, 1835; A. G. Stephenson, January 23, 1836.

Of the Second circuit the judges were: Richard Searcy, December 10, 1823, and J. W. Bates, November, 1825, to 1836; while the prosecuting attorneys were R. C. Oden, November 1, 1823; A. H. Sevier, January 19, 1824 (resigned); Sam C. Roane, September 26, 1826; Bennett H. Martin, January 30, 1831; Absalom Fowler, -; D. L. F. Royston, July 25, 1835; Townsend Dickin- son, November 1, 1823; A. F. May, March 29, 1825 (died in office); W. H. Parrott. April 21, 1827; S. S. Hall, August 31, 1831; J. W. Robert- son, September 17, 1833; E. B. Ball, July 19, 1836.

Samuel S. Hall was judge of the Third circuit, serving from December, 1823, to 1836. As pros- ecuting attorneys, are found the names of T. Dick- inson, January 10, 1823; A. D. G. Davis, June 21, 1829; S. G. Sneed, November 11, 1831; David Walker, September 13, 1833; Thomas Johnson, October 4, 1835; W. F. Denton, January 23, 1836.

The appointment of Charles Caldwell as judge of the Fourth circuit dates from December 27, 1828; while E. T. Clark, February 13, 1830; J. C. P. Tolleson, February 1, 1831; and W. K. Sebas- tian, from January 25, 1833, served as prosecuting attorneys.

The Supreme Court of Arkansas has ever com- prised among its members men of dignity, wisdom and keen legal insight. The directory of these officials contains the names of many of those whose reputation and influence are far more than local. It is as follows:

Chief justices: Daniel Ringo, 1836; Thomas Johnson, 1844; George C. Watkins, 1852 (re- signed); E. H. English, 1854 (also Confederate); T. D. W. Yonley, 1864 (Murphy constitution); E. Baxter, 1864 (under Murphy regime); David Walker, 1866 (ousted by military); W. W. Wil- shire, 1868 (removed); John McClure, 1871, (re.

moved); E. H. English, 1874. Sterling R. Cock- rill is present chief justi:

Associate justices: Thomas J. Lacey, 1836: Townsend Dickinson, 1836; George W. Paschal, 1842; W. K. Sebastian, 1843; W. S. Oldham, 1845; Edward Cross, 1845; William Conway, 1846: C. C. Scott, 184S; David Walker, 1847 and 1874: Thomas B. Hanley, 1858 (resigned); F. I. Batson. 1858 (resigned); H. F. Fairchild, 1860 (died); Albert Pike, 1861 (also Confederate); J. J. Clen- denin, 1866 (ousted); T. M. Bowen, 1868; L. Gregg, 1868; J. E. Bennett, 1871; M. L. Steph- enson, 1872; E. J. Searle, 1872; W. M. Harrison, 1874; J. T. Bearden, 1874 (appointed); Jesse Turner, 1878; J. R. Eakin, 1878; W. W. Smith, 1882; B. B. Battle, 1885, re-elected. By law three additional judges were elected April 2. 1SS9: Simon B. Hughes, W. E. Hemingway and Mont. H. Sandels.

Reporters: Albert Pike, N. W. Cox, E. H. English, J. M. Moore, L. E. Barber. B. D. Turner and W. W. Mansfield (present incumbent).

Clerks: H. Haralson, L. E. Barber, N. W. Cox. and W. P. Campbell (in office).

Special chief justices: William Story, F. W. Compton, J. L. Witherspoon, S. H. Hempstead. C. B. Moore, Thomas Johnson, R. A. Howard, George A. Gallagher, B. B. Battle, Sam W. Will- iams, A. B. Williams, G. N Cousin, Isaac Strain. N. Haggard, Edward Cross, R. C. S. Brown, L. A. Pindall, Sam C. Roane, George Conway, Sack- field Macklinin, John Whytock, C. C. Farrelley, W. W. Smith, W. I. Warwick, B. B. Morse, B. D. Turner, George W. Caruth, S. H. Harring- ton.

In this list are the names of nearly all early members of the Arkansas bar. Commencing here as young attorneys in their profession, many of them have left illustrious names -names that adorn the history of the State and Nation, and time will not dim nor change the exalted esteem now given them. Not one of them but that was an ex- ample of that wonderful versatility of American genius-the young lawyer becoming great in the practice of his profession in the wild wood; or cel- ebrated on the bench for decisions that came to the

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HISTORY OF ARKANSAS.

world like beacon lights from the unknown land; or as senators holding civilized people spell-bound by their wisdom and eloquence; and all, at all times, listening for their country's call to play as con- spicuous a part in camp and field as they had in the walks of civil life. To undertake all these things is not wonderful with a people so cosmopol- itan as those of the west, but to be pre-eminent in each or all alike is most remarkable.

Of this brilliant galaxy of pioneer legal lights -giants indeed-there now remain as a connect- ing link with the present generation only the ven- erable Gen. Albert Pike, of Washington City, and Judge Jesse Turner, of Van Buren.

Writing in a reminiscent way of the bench and bar, Albert Pike says: " When I came to the bar there were William Cummins, Absalom Fowler, Daniel Ringo, Chester Ashley, and Samuel Hall, at Little Rock. I served on a jury in 1834 wbere Robert Crittenden was an attorney in the case; the judge was Benjamin Johnson, who died in Decem- ber, 1834, at Vicksburg. Parrott and Oden died before I went to Little Rock. Judge William Trimble was an old member of the bar when I en- tered it, as was Col. Horner. of Helena. Thomas B. Hanley had recently come to Helena from Louis- iana. I think Maj. Thomas Hubbard and George Conway were practicing at Washington in 1835. Judge Andrew Scott had been Territorial judge, but retired and lived in Pope County. Frederick W. Trapnall and John W. Cocke came from Kentucky to Little Rock in 1836, and also William C. Scott and his partner, Blanchard. I think Samuel H. Hempstead and John J. Clendenin came in 1836. John B. Floyd lived and practiced law in Chicot County." Gen. Pike further mentions Judge David Walker, John Linton, Judges Hoge and Sneed, John M. Wilson, Alfred W. Wilson, Archibald Yell, Judge Fowler, Judge Richard C. S. Brown, Bennett H. Martin, Philander Little, Jesse Turner and Sam W. Williams as among the eminent law. yers of the early courts of Arkansas.

The list of those who have occupied positions as circuit judges and prosecuting attorneys in the various circuits, will be found of equal interest with the names mentioned in connection with a

higher tribunal. It is as below, the date affixed indicating the beginning of the term of service:

Judges of the First circuit: W. K. Sebastian. November 19, 1840; J. C. P. Tolleson, February 8, 1843; John T. Jones, December 2, 1842: Mark W. Alexander, -; George W. Beasley, September 6, 1855; C. W. Adams, November 2, 1852; Thomas B. Hanley, -; E. C. Bronough, August 25. 1858; O. H. Oates, March 3; 1859; E. C. Bronough, August 23, 1860; Jesse M. Houks, September 17, 1865; John E. Bennett, July 23, 1868; C. C. Wat- ers, February 23, 1871; M. L. Stephenson, March 24, 1871; W. H. H. Clayton, March 10, 1873; J. N. Cypert, October 31, 1874; M. T. Saunders. October 30, 1882. Prosecuting attorneys: W. S. Mosley, November 14, 1840; A. J. Greer. Novem- ber 9, 1841; S. S. Tucker, January 20, 1840: Alonzo Thomas, August 5, 1842; W. N. Stanton, December 2, 1842; N. M. Foster, December 1. 1843; A. H. Ringo, March 2, 1849; H. A. Bad- ham, March 12, 1851; L. L. Mack, September 6, 1855; S. W. Childress, August 30, 1856; Lin- coln Featherstone, August 23, 1860: Z. P. H Farr. December 1, 1862; B. C. Brown, January 7, 1865: P. O. Thweat, October 15, 1866; C. B. Fitzpatrick. March 16, 1871; W. H. H. Clayton, March 23, 1871; Eugene Stephenson, April 23, 1873; C. A. Otey, October 31, 1874; D. D. Leach, October 13, 1876; P. D. McCulloch (three terms); Greenfield Quarles, October 30, 1884; S. Brundridge, October 30, 1886.

Judges of the Second circuit: Isaac Baker, November 23, 1840; John C. Murray, August IS, 1851; W. H. Sutton, January 11, 1845; John C. Murray, August 22, 1858: Josiah Gould, Febru- ary 26, 1849; W. M. Harrison, May 17. 1865; T. F. Sorrells, August 22, 1853; W. C. Hazeldine. April 14, 1871; J. F. Lowery. December 12. 1863; L. L. Mack, October 31, 1874; William Story, July 23, 1868; W. F. Henderson. April 26. 1874; J. G. Frierson, October 31. 1SS2; W. A. Case, vice Frierson, deceased, March 17, 1SS4. elected September 1, 1884; J. E. Riddick, Oc- tober 30. 1886. Prosecuting attorneys: John S. Roane, November 15, 1840: Samuel Wooly. Sep- tember 19, 1842; J. W. Bocage. November 20.

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1843; S. B. Jones, April 20, 1846; T. F. Sorrells, February 26, 1849; W. P. Grace, August 22, 1853; S. F. Arnett, August 23, 1856; D. W. Carroll, August 30, 1860; C. C. Godden, May 17, 1865; W. F. Slemmons, October 15, 1866; D. D. Leach, December 16, 1868; R. H. Black, May 6, 1873; J. E. Riddick, October 13, 1876; W. A. Cate, October 14, 1878; E. F. Brown, May 5, 1870; W. B. Edrington (four terms), October 30, 1880; J. D. Block, October, 1888.

Judges of the Third circuit: Thomas Johnson, November 13, 1840; William Conway, November 15, 1844; W. C. Scott, December 11, 1846; R. H. Nealy, February 28,1851; W. C. Bevins, August 23, 1856; W. R. Cain, August 23, 1860; L. L. Mack, March 15, 1866; Elisha Baxter, July 23, 1868; James W. Butler, March 10, 1873; William Byers, October 30, 1874; R. H. Powell (three terms), October 30, 1882; J. W. Butler, May, 1887. Prosecuting attorneys: N. Haggard, November 30, 1840; S. S. Tucker, January 20, 1842; S. H. Hempstead, February, 1842; A. R. Porter, Decem- ber 2, 1842; S. C. Walker, December 2, 1846; J. H. Byers, March 5, 1849; W. K. Patterson, August 30, 1856; F. W. Desha, August 30, 1860; L. L. Mack, July 8, 1861; T. J. Ratcliff, July 9, 1865; M. D. Baber, October 15, 1866; W. A. Inman, December 8, 1868; J. L. Abernathy, October 31, 1874; Charles Coffin, October 14, 1878; M. N. Dyer (two terms), October 30, 1882; W. B. Padgett, October 30, 1886; J. L. Abernathy, October, 1888.

Judges of the Fourth circuit: J. M. Hoge, November 13, 1840; S. G. Sneed, November 18, 1844; A. B. Greenwood, March 3, 1851; F. I. Batson, August 20, 1853; J. M. Wilson, Febru- ary 21, 1859; J. J. Green, August 23, 1860; Y. B. Sheppard, May 9, 1863; Thomas Boles, August 3, 1865; W. N. May. April 24, 1868; M. L. Stephenson, July 23, 1868; C. B. Filz- patrick, March 23, 1871; J. Huckleberry, April 10, 1872; J. M. Pittman, October 31, 1874; J. H. Berry, October 21, 1878; J. M. Pittman (three terms), October 31, 1882. Prosecuting attorneys: Alfred M. Wilson, November 13, 1840; A. B. Greenwood, January 4, 1845; H. F. Thomasson, September 6. 1853; Lafayette Gregg, August 23.

1856; B. J. Brown, December 1, 1862; J. E. Cravens, January 7, 1865; Squire Boon, October 15, 1866; Elias Harrell, August 11, 1868; S. W. Peel, April 26, 1873; E. I. Stirman, October 13, 1876; H. A. Dinsmore (three terms), October 14, 1878; J. Frank Wilson, October 30, 1884; J. W. Walker, October 30, 1866; S. M. Johnson, Octo- ber 30, 1888.

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Biographical and historical memoirs of northeast Arkansas : comprising a condensed history of the state biographies of distinguished citizens a brief descriptive history of the counties, and numerous biographical sketches of the prominent citizens of such counties. V. 1, Part 11

Author: Publication date: 1889 Publisher: Chicago, Nashville, St. Louis : The Goodspeed Pub. Co. Number of Pages: 1026

Author:
Publication date: 1889
Publisher: Chicago, Nashville, St. Louis : The Goodspeed Pub. Co.
Number of Pages: 1026