USA > Arkansas > Biographical and pictorial history of Arkansas. Vol I > Part 11
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Mr. Cummins had a national reputation as a lawyer, and many of the cases in which he was employed as senior found
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their way to the supreme court of the United States, and car- ried Mr. Garland to that tribunal with them, giving him a larger docket at one time in that tribunal than perhaps any man of his age. These cases opened up the way to ex parte Garland, involving the test-oath question growing out of the reconstruction acts of congress, reported in 4th Wallace, which first introduced Mr. Garland to national notice as a great law- yer.
Ebenezer Cummins never sought, desired or held office. His great abilities as a lawyer always furnished ample and congenial employment for his great talents. He was a pro- found lawyer, a logical and cogent reasoner; he cared nothing for eloquence, ornate language or felicity of expression, except in so far as it flashed light on the conclusions to which he was leading and driving. "He drove right to the point and cut the heart clear and clean." It required a strong man to meet and match him in debate. He was very popular with the masses - always voted the democratic ticket, but resisted every importunity to run for office. Had his ambition led to the political field, he could have attained the highest offices in the gift of the people. He never married and seemed indifferent to female charms, and was equally indifferent to fashion and the obligations it laid on dress. The quiet, even tenor of his life, the plain simplicity of his ways, and the good-will he always showed to his fellow man, made him uni- versally beloved of men.
Like General Pike, he loved the old rather than the new friends, but was courteous and gentle to all. He died in Little Rock at the home of his sister, Mrs. Eliza Adams, who yet survives him. '
GOVERNOR ARCHIBALD YELL.
In the suburbs of Fayetteville, on the undulating slope of a beautiful landscape not far from the university grounds, lies the silent city of the dead, with marble shafts and monumental inscriptions telling the living of those who sleep in its conse- crated urns awaiting the judgment day.
One beautiful autumn morn when the sun was struggling through a rift of clouds in a golden haze, and the winds were
ELECTROLICHTERCONY
EX-GOV. ARCHIBALD YELL.
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lifting and sporting with the yellow and sear leaf so sad and mournfully typical of man's advent and departure from the world, the author alone entered these sacred and consecrated grounds on a pilgrimage to a tomb bearing the following in- scription :
" ARCHIBALD YELL.
Born in North Carolina August, 1797. Volunteer in the battle of New Orleans. District Judge of Arkansas Territory, 1832 .. First member of congress from the State. Governor, 1840. Elected to congress again 1844. Resigned and accepted the colonelcy of Arkansas volunteers for Mexican war 1846. Killed at Buena Vista, February 22, 1847. A gallant soldier, an upright judge, a fearless champion of popular rights, a sin- cere friend - an honest man."
Governor Yell had three wives - the first died in Tennessee, quite young. Two died in Fayetteville, and they share the heraldry proclaimed by the marble shaft.
The noble fraternity of Masons erected this monument in 1847, to their departed brother.
He emigrated to Tennessee in early youth, and settled first in Bedford county. Here he first met General Jackson, as the boy captain of the Jackson Guards at the volunteer ren- dezvous, preparatory to entering on the Creek campaign. He gallantly led his men in battle at Talladega and Emucfau and Horseshoe Bend, under the eye of his general, and by soldierly bearing and dauntless courage won the lasting friendship of the old hero.
When General Jackson issued his proclamation calling for volunteers to defend New Orleans in the war of 1812, he was among the first to respond; and he gallantly participated in the battle of New Orleans.
After the army was disbanded he read law and was admitted to the bar in Tennessee. Again in 1818, when Major-Gen- eral Jackson called for volunteers in the Seminole war, he responded and was with his old commander throughout that campaign. After the Seminole campaign he located at Fay- etteville, in Lincoln county, Tennessee, and there practiced law until 1832. He was not an educated man in the university
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sense, but no man ever enjoyed a better knowledge of human nature, nor could any man play with more skill on the com- plicated keys which answer to every phase of human life.
In reference to an education, he once said in addressing an audience : " An education to a smart man is a great advan- tage, but to a fool, a great incumbrance."
In physical proportion and beauty of symmetry he appeared the perfection of man. He was five feet ten inches, high, weighed one hundred and fifty pounds, had auburn hair and piercing blue eyes, sharper than an eagle's. He was full of pleasant humor and sunshine, and magnetic in every presence. These popular traits marked him for fame and made him a popular idol - a leader among men. He achieved local fame as a lawyer in Tennessee before Jackson became president. When that event crowned an cra in our history, the old hero placed the judicial seal in the hands of two young natives of North Carolina, in whom he had unqualified confidence - Archibald Yell and Thomas J. Lacy, names lustrous and insepa- rable from the history of Arkansas.
Yell was offered choice of two vacancies : governor of Florida or territorial judge in Arkansas, and chose the latter.
The two young men were commissioned in 1832, and pro- ceeded soon thereafter to their respective stations. Judge Lacy located in his district at Clarendon in Monroe county. Judge Yell at Fayetteville.
President Jackson did not stand on ceremony in. removing appointees under John Quincy Adams, who, he believed, had, by " bargain and intrigue," defeated him for the presi- dency before the house of representatives in 1825.
The indulgent reader will pardon the author for stating the great difficulties he has encountered all along the line in arriving at correct data, facts and incidents in the absence of recorded history - so fast does history fade and perish when left to the vicissitudes of memory and tradition.
I am told the archives of our State contain no record of the fact that Archibald Yell and Thomas J. Lacy were judges commissioned by President Jackson to preside over our terri- torial courts. This careless, unpardonable omission to preserve the most important transactions in early times has invited the
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ravages of oblivion in high places, and it extends over a great part of that important period of our history embraced in the span between 1819 and 1840. These obstacles are cited to illustrate the inherent difficulty which arises in a great number of instances. Let the inspired critic, when he flaps his wings to crow over a minor mistake here and there, tell me without reference to a record the maiden name of his grandmother, the date of her birth and marriage, and the name of the official solemnizing the bans.
The author, in the midst of so many difficulties blocking the way to absolute certitude, does not beg nor expect exemp- tion from either the large critics or the loud, small croakers who perchance may have hidden away in the remote recesses of an obscure and retired individuality some minor fact which has escaped attention.
Governor Yell's great popularity with the masses was often the innocent cause of much embarrassment to him when on the bench. He possessed, in an eminent degree, the happy faculty of making everybody believe he was the best friend he had on earth. Many good, honest farmers not accustomed to the eti- quette of courts, thought nothing of taking liberties with their best friend scarcely compatible with the grave dignity of a court, and when the sheriff admonished them would often re- taliate by threatening him with Arch. Yell. Once at Fayette- ville the sheriff was ordered to bring out a prisoner who had been indicted and convicted for " cow stealing," that he might be present at the argument on a motion for a new trial. The defendant having but little confidence in that formal proceeding took " leg bail" and made rapid flight for freedom, with the sheriff in hot pursuit. Judge Yell, looking from the bench through the window, saw the exciting race, and in a loud tone of voice said to the attorneys in attendance, " boys, by God, he has gone," and when the sheriff began to gain on the contestant the judge involuntarily said, " run, damn it, run like hell."
This was but the expression of sympathy for the distressed, inspired by a desire in his heart to see the object escape. If it was official weakness it came from the better side of human nature, warm and vigorous from the fountains of a heart rich in the milk of human kindness.
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Whilst he was on the bench the constitutional convention was called which convened in January, 1836, to formulate and adopt a State government.
He refused to become a candidate for that convention because he deemed it incompatible with the discharge of judicial duties- little dreaming of the " job" the wire-working politicians sent to that convention would " put up" on him to close the gate against the advance of his ambition. It was then an open secret that he desired to be the first governor under the State govern- ment; and it was an equally open secret that no man in Arkansas could beat him for the office before the people. So says tradition.
Before the people he was a Hercules in the pathway of aspiring giants.
To clip his wings and cut off his flight to the goal of his ambition through the hearts and suffrages of the people who idolized him as a popular leader, a provision was incorporated in the constitution of 1836, making a four years' residence in Arkansas necessary to be eligible to the office of governor. This, by a few months, cut him off.
Governor Yell always denounced this constitutional bar to his ambition.
He established the first masonic lodge in Arkansas in Novem- ber, 1835, at Fayetteville-Washington Lodge, No. 1. It was first chartered by the grand lodge of Tennessee, when the Hon. Hugh L. White was warden. Governor Yell was once grand master of the grand lodge of Tennessee, and with the exception of General Jackson was the only grand master ever elected from the floor without filling intermediate stations.
The circumstances leading to this elevation are remarkable, and they furnish an index to the character of the man.
When occasion demanded it, he was always fortified with will and nerves of iron. A bold, bad man, whom most people feared, was once expelled by the Masons for a crime against the domestic relations of a brother. He was ambitious and took advantage of the anti-masonic excitement of the day and run on it as a hobby and was elected to the legislature of Ten- nessee from Yell's district. He was a candidate for a second term, and the fraternity naturally wanted an opponent in the
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field, who would fearlessly defend the right. Yell was a young man then, just rising into prominence as a lawyer, and up to that day had no inclination to engage in politics.
His brothers waited on him and opened up the situation ; he yielded against his private interests and at once announced himself as a candidate for the legislature.
To his opponent's tirade against masonry, he replied by say- ing, that if masonry was the bad institution it was represented, how much worse must the damnable wretch be who was too vile for fellowship in such an organization. This fearless advo- cacy of right, and bold, defiant denunciation of crime won the hearts of the people, and Yell was triumphantly elected.
Shortly after this the grand lodge convened and he was rewarded as his noble friend General Jackson had previously been, by election from the floor to the office of grand master.
Tradition says that once on the rounds of his large circuit, when sounding the criminal docket, he was informed by the sheriff that the defendant just called (against whom several in- dictinents were pending) had not been arrested because he was a desperado, and a posse could not be found to help arrest him be- cause all men were afraid of him. " Where is he ?" asked the resolute judge. " At a saloon here in town," replied the sheriff. " Then summon me and show him to me." The sheriff obeyed the command, and led the way to the saloon where the culprit was holding high carnival. Judge Yell seized him by the throat and shouted with stentorian voice, " God damn you, come into court and answer to your name and to the indictments against you." The culprit, to the astonishment of everybody, cowered into ab- ject submission, and without the slighest resistance followed the judge into court, and in default of bail was immediately sent to jail. The culprit trembled and lost all his valor under the piercing gaze of that resolute eye. The moral effect of that one act in the wilds of Arkansas with the rude frontier population was worth more than the commissions of fifty sheriffs.
Political had much greater charms for him than judicial or professional life. The arts of the designing politician, as stated, cut him off from the opportunity to run for governor in 1836, when the State was admitted into the Union. Hence he entered the race for congress as a Jackson democrat in 1837,
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against John Ringgold, the father-in-law of "Fent Noland," and, after an active and exciting canvass, was elected by a ma- jority of one thousand two hundred and seventeen. He de- clined a re-election, and the democrats nominated and elected that sterling democrat Judge Edward Cross three consecutive terms.
In 1840 the constitutional inhibition being removed, he was easily elected governor.
In 1844 political excitement was at flood tide throughout the United States. The whig convention of that year assem- bled at Little Rock, and with great unanimity and wisdom nominated one of the ablest and most brilliant men in their ranks for congress in the person of Hon. David Walker - a man of fine talent, great tenacity of purpose and untiring energy in every thing he undertook. Judge Walker was a great, popular leader, and was all the more dangerous because he possessed the entire confidence of all who knew him - whigs and democrats alike.
The democrats afterward elevated him to the supreme bench. This nomination fell like a thunderbolt, and created dismay in democratic ranks.
Soon after the whig convention adjourned the democrats, represented by their ablest leaders, assembled in convention, and after mature deliberation resorted to the extraordinary ex- tremity of asking Governor Yell to resign that he might ac- cept the nomination for congress, on the ground that there was no other man in the party with whom they could reasonably hope to beat the great whig champion.
A great compliment to great men and great leaders, worth infinitely more to their fame than an ordinary election to a seat in congress.
Governor Yell, ever at the service of his party, handed in his resignation and took the field against Judge Walker.
The champions both lived in Fayetteville, justly called " the Athens of Arkansas," they were neighbors and warm personal friends, politically great rivals, but nothing mean, sordid, sel- fish or little animated either.
The canvass conducted by these leaders is said to have been one of the ablest and most exciting ever conducted in the State.
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Judge Walker was dignified, sedate, taciturn, religious and not much given to promiscuous intercourse with his fellow- men. On the frontier, among backwoodsmen, where each felt as large as lord or king, dignity and reserve don't carry elec- tions.
Judge Yell never lost an opportunity to draw the striking contrast between himself and his opponent in this respect.
When on the way to Yellville to fill an appointment they stopped on the wayside at a shooting-match in progress for beef. Judge Walker's conscientious convictions cut him off from either shooting for beef or indulging in a drink.
Yell, after shaking the hand of every man and boy on the ground, bought a chance in the match for beef, and fortuitously made the best shot and won first choice. The crowd yelled and huzzaed for Yell, whilst Judge Walker looked on in calm and cold stoicism and some degree of disgust.
Governor Yell then inquired for the most necessitous widow in the vicinity, and sent his beef to her. Next he sent for a jug of whisky and tipped glasses with the voters. These attainments and achievements filled the estimate of congres- sional qualifications in the opinion of the sovereign electors.
On another occasion they took in a camp-meeting on Kings river, where Judge Walker thought his superior moral qualifi- cations would come in play greatly to the disadvantage of his adversary, who he thought had no pretensions to qualification in that direction. A man who would shoot for beef (a species of gambling), and take a drink out of a jug on the roadside must necessarily be at great disadvantage on a camp ground, where religion was altogether in the ascendancy.
But to his great disgust, he soon found Governor Yell lead- ing the old class-leaders in the " amen corner," and singing with musical voice ou a key above all others that old hymn "How happy are they who their Savior obey." He was as great a favorite on the camp-ground as at the shooting-match. His consummate knowledge of human nature enabled him to shine with equal splendor in camp or court. He was born to lead men, and it may be truthfully said that he never misled or deceived them. This statement is necessary, lest a wrong pre- sumption might be indulged from the anecdotes herein related.
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Judge Walker, in a fit of despair, was heard to say to one of his political friends: " You can't beat such a man as that ; he is all things to all men, and all men believe in him ; he is as popular with psalm-singers as with those who take their dram and shoot for beef."
Governor Yell was elected, but the defeat of his rival did not dim the lustre which clusters around the name of David Walker.
Judge Walker wrote the inscription on the monument of his successful rival, copied in this sketch.
In 1846 the martial spirit of the nation was fired, resulting in war with Mexico, and Governor Yell resigned his seat in congress to accept the command of the Arkansas troops, con- sisting of a regiment of cavalry. Captain Albert Pike com- manded one squadron of this regiment. Yeli was chivalrous to a fault, and utterly fearless.
On the 22d of February, 1847, he gallantly led a squadron of cavalry in a desperate charge at Buena Vista on a body of Mexi- can lancers numbering five to one. He recklessly spurred his horse and rushed in advance of his command on the serried pha- lanx of lancers. When he reached the enemy's line he straight- ened himself up in his saddle and cut right and left with his sword as though he could rout and whip the field himself. But, thus alone, he was cut down before his command reached the enemy's line -was impaled on the enemy's lances.
Some say his bridle rein broke after he gave the command to charge, and that in consequence his horse became unmanageable ; others say it was cut after he reached the enemy's lines. The author is inclined to believe the latter version the correct one.
He did not know what fear was ; he undertook the accom- plishment of every object with unfaltering resolution. When he went to battle he expected to do as much hard fighting as any soldier under his command. In the excitement of the charge the commander was lost in the soldier.
William A. L. Throckmorton, brother to Governor Throck- morton, of Texas, was in the charge, and always claimed to be nearest his commander when he was cut down, and that he avenged the death of his commander by killing the lancer who had run him through.
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Mr. Throckmorton returned to Fayetteville, and lived there many years after the war. He was as brave as any knight who ever met an enemy on the field.
After the war was over the government brought his remains and delivered them to his friends at Fayetteville, who deposited them beneath the commemorating shaft which speaks his fame, civic and heroic, from the pen of his noble and generous rival.
His remains were deposited in Evergreen cemetery on the 3d day of August, 1847, with masonic and military honors. A vast concourse of people from the hills and valleys of Ar- kansas swelled the mournful throng to pay the last tribute of respect to their friend and neighbor, the just judge, the sol- dier and the statesman, who gave his services and his life to his country.
The author is indebted to Hon. Alfred M. Wilson, and to James H. Van Hoose, grand high priest -honored and old citizens of Fayetteville, for much of the information embodied in this biographical sketch.
JUDGE EDWARD CROSS.
This venerable old Roman was born in Virginia on the 11th
. of November, 1798, of Welsh extraction from both ancestral lines. His grandfather, Edward Cross, being a cripple, was unable to enter the military service of the colonies in the war of the revolution, but he sent his son Robert, the father of the subject of this sketch.
When the child was six months old, his father moved to . Cumberland county, Kentucky, where he was carefully reared and educated. At the age of twenty-one, Judge Cross moved to Overton county, Tennessee, and there read law two years under the celebrated Adam Huntsman, the political opponent of Davy Crockett, and finally his successful competitor for a seat in congress.
In 1822 he opened a law office in the town of Monroe, Overton county, Tennessee, and practised there three years, being a hard student, all the time laying deep the foundations which supported his fame in after years. But he was born on the border, reared in her wild and restless lap, and loved the forests and streams and wild-wood glens of simple, unadorned
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nature more than all the allurements and enchanting scenes of refined civilization ; and this hereditary spirit led him in 1826 to seek its indulgence in the wilds of the territory of Arkansas. He towers amongst us the representative of two past genera- tions and of the last century, like a solitary oak reft of its branches - in the broadest sense a grand old man of whom Gen- eral Albert Pike says in his autobiography, "a man whom Arkansas ought to delight in honoring ; " a well-earned and deserved compliment from a truly great man, worth more than all the plaudits of unthinking thousands. He began the prac- tice of law in Washington, Hempstead county, in copartner- ship with the late Chief Justice Daniel Ringo. In 1828 he was on the staff of Governor George Izard, and actively aided in organizing the militia of the territory. In 1832 President Jackson commissioned him as one of the justices of the supe- rior court of the territory, and the commission was afterward renewed by President Van Buren. He continued to fill this office until Arkansas was admitted into the Union, June 16, 1836, and the office became vacant, extinct. In 1836 he was appointed surveyor-general of the public lands and held the office two years. In 1838 he was elected to congress and served the State in that capacity for three consecutive terms. In 1852 he was by Governor Drew appointed special judge of the supreme court of the State. He took an active part in organizing the Iron Mountain railroad and was its president from 1855 to 1862. In 1852 he was chosen a member of the electoral college and voted for Franklin Pierce. He was a member of the national democratic convention held at Baltimore in 1844, and in that convention disregarded the instructions of his constituents to vote for Martin Van Buren, because after being so instructed, Van Buren addressed the celebrated letter to Silas Wright, declaring himself opposed to the annexation of Texas. Polk was nominated, and the judge's constituency approved his action in the convention. He was brother-in-law to Chester Ashley who died while serving Arkansas as a senator in congress ; they married sisters. His good morals and integrity are of the highest type, and the old patriarch is universally esteemed.
Since the above was written he died (May, 1SS7) at Little Rock.
SONY
ELETTROLIGHT EN
CHESTER ASHLEY.
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JUDGE WILLIAM . 'I'RIMBLE.
Judge Trimble was born in Kentucky about 1797. In 1825 he was commissioned as one of the territorial judges for Ar- kansas by John Quincy Adams. He was well educated and gifted with charming conversational powers; was a good law- yer, an upright judge, and an ornament to the government he served. In 1831 he was elected to the territorial house of representatives from Hempstead county, and was by that body elected speaker of the house.
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