USA > Arkansas > Biographical and pictorial history of Arkansas. Vol I > Part 23
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A man of great integrity and keen sense of right, injustice and meanness always aroused his indignation, the open utter- ance whereof policy and prudence never prevented. Of hasty temper, and little given to control it, choleric and impetuons, anger did not inspire him to injure those of whom he spoke with bitter words, and his quarrels were never long-lived, for he was of a kindly and generous nature, and scorned to take any unworthy revenge. Beyond measure hospitable, convivial and genial, his friends ever met at his house, near Fort Smith, a princely welcome; and a singularly quaint humor, with great address and originality of expression, made him the most enter- taining of hosts and companions. Frank, outspoken and not over ceremonious with men, he was, in the presence of ladies, a most exceedingly courteous and well-bred gentleman, and, holding himself the peer of any man, however high his rank, he never bowed his head as an inferior before any, nor lost his self-possession in any presence. He was a vigilant, faithful and honest public officer."
HON. JESSE TURNER, VAN BUREN.
Hon. Jesse Turner was born in Orange county, North Caro- - lina, October 3d, 1805, and is of Scotch-Irish descent, from both paternal and maternal lines. His ancestors of both lines emigrated in 1750 from county Down, Ireland, and settled in Lancaster county, Pennsylvania, and from there, in 1755, moved to Orange county, North Carolina. The family are noted for robust constitutions and remarkable longevity. James Turner, the grandfather, died aged ninety-four ; James Turner, the father, died at the age of ninety-nine, and his
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mother, Rebecca, died at the age of ninety-six. The son, now in his eightieth year, is hale and hearty, and his physical appearance indicates that he may attain the patriarchal age of five score years. His ancestors in both lines, contributed soldiers to the armies of the revolution, who fought the English and Tories at Guilford Court House and on many other bloody fields.
Judge Turner inherited a love for books, and has never ceased to indulge and cultivate that taste. In boyhood, by utilizing every facility, he became master of a good English education, and extended his studies over a large field of the best ancient and modern literature. In 1824, he began his legal studies under William McCauley, at Chapel Hill, North Carolina, and under the rather peculiar system of that State, grading license to practice law, and proportioning the franchise, to the ac- quirements and ability of the aspirant ; at the end of one year he obtained authority to practice in the limited jurisdiction of county courts. He continued his legal studies, and after the necessary probation in the county courts, was admitted to prac- tice in all the courts of the old north State. In April, 1830, he started west, where it was thought opportunities were better for professional employment and material advancement. He stopped awhile in Alabama, but was not satisfied to remain there, and came directly to the territory of Arkansas, landing at Van Buren, in May, 1831, where he found one store, one grocery and one woman, Aunt Sylvia. From Van Buren he went on to Fayette- ville, a small village of about thirty inhabitants, and remained there all summer. In the fall of 1831, he permanently located in Crawford county, moving his residence from time to time as the changing county seat of that county vacillated from point. to point, until it finally became stationary at Van Buren, in 1838. Chester Ashley and the lamented Robert Crittenden, when Mr. Turner made his advent in the territory, were re- garded as the two leading and ablest lawyers in the jurisdic- tion - and these two eminent champions were leaders of bitter, opposing political factions, they were both intellectual giants and eminently worthy the character of leaders.
David Walker was then a rising young lawyer from Ken- tucky, settled in Fayetteville; James Woodson Bates, from
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Virginia, judge of the territorial superior court and first dele- gate in congress from the territory; Judge Benjamin Johnson and Judge Andrew Scott were all able men and prominent actors in the early days of Arkansas. The territory then had a population of less than thirty thousand, and one of the ablest bars in America for the population. Albert Pike had not then appeared on the scene.
In 1838, Judge Turner was elected to the legislature of the State, and at that session commenced his public career. In politics he was a stern, unbending whig, and was president of the whig convention which assembled in Little Rock in 1840. The presidential campaign of 1840, was the most exciting of all the contests between the old whig and democratic par- ties. In this campaign he was a very active and promi- nent speaker for his party and achieved a State reputation. In 1841, the Hon. John Bell, then secretary of war, appointed him one of the annual visitors to the military academy at West Point. In 1848, he was a candidate on the whig ticket for presidential elector, and in the interest of his party made an extensive canvass of the State. In 1851, congress created the western district of Arkansas, and located the Fed- eral court for that jurisdiction at Van Buren, and President Fillmore appointed him United States district attorney for the western district, without his knowledge or solicitation, and he discharged the duties of that office to the eminent satisfac- tion of the government, until the close of the administration.
In 1861, he was a delegate from Crawford, to the memorable secession convention which convened in Little Rock in Feb- ruary of that year. At the first session the ordinance was voted down, Judge Turner voting with the majority. In order to ascertain the wishes of the people, the convention ad- journed until May, and then re-assembled; but in the mean time Sumpter had been fired on and taken, and war between the States was an established fact then in progress. The con- vention then gracefully yielded to what then seemed imperative necessity, and voted unanimously (save ^ne) for secession.
In voting for secession he did not change his convictions as a Union man, but yielded to the overwhelming majority - the hour for calm, dispassionate discussion had passed. He
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retired to privacy, and took no part in the struggle. In 1866, he was elected to the State senate from Crawford and Franklin counties, and was chairman of the judiciary com- mittee during that long and laborious session. He opposed the stringent reconstruction measures of congress, because he judged them unwise, impolitic and unconstitutional. In the Brooks-Baxter war of 1873, he sided with Baxter, not that he believed he had been elected by the people, but because, the only lawfully constituted tribunal to decide that question, had passed on it in favor of Baxter; after this it would be unwise and revolutionary to disregard the settlement. In 1874, he was again elected to the State senate from Crawford and Franklin counties, and was again made chairman of the judi- ciary committee ; this was the first session after the people had recovered their ancient liberties under the constitution of 1874, and a vast amount of important legislation in consequence was precipitated. More important legislation was consummated at this session, than ever before or since by a single legislature. Those acquainted with the modes and methods of legislation, will readily conceive the vast labor devolving on the commit- tee, and particularly the chairman of the most important com- mittee of the senate. Judge Turner was the appropriate man for that station, and no man gave Governor Garland's admin- istration more zealous and effective support.
In 1876, the democratic State convention appointed him a delegate for the State at large, to the national democratic con- vention which convened at St. Louis, and nominated Samuel J. Tilden for president. In March, 1878, he was appointed associate justice of the supreme court, to fill the unexpired term of Judge Walker, who had resigned, and he filled the ex- alted office with honor and credit alike to the State and himself.
He has often been commissioned special supreme judge, to act wherein the regular judges were disqualified. His judicial opinions are reported in the thirty-second, thirty-third, thirty- fourth and thirty-fifth volumes of reports. He has always fa- vored internal improvements as one of the cardinal doctrines of the old whig party. He took a very active and prominent part in organizing and building the Little Rock and Fort Smith railroad, of which he was president eleven years, from 1857 to
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1868, and is yet director and vice president. He has always favored the public-school system - has long been justly re- garded as a wise counselor and able lawyer, is eminently social and domestic in taste and habit, and has always been strictly temperate, but has never attached himself to any church organ- ization, because his free and liberal mind demands a freer scope and wider range for the intellect, than the arbitrary demands of doctrinal theology accord. But he entertains strong religious ideas and convictions, believes in the laws of compensation, of rewards and punishments, atonement, redemption and immor- tality.
Judge Turner has always been regarded as the soul of honor, chivalrous as a knight of the olden time, and with it he has a rich vein of eccentricity, supplemented liberally with what we call absent-mindedness. When quite a young man he went to New York, for convenience, carrying the bulk of his funds in a draft, on one of the banks in Nassau street. He was a stranger in the city and not then much acquainted with the custom of banks. When he presented his draft for $300 the cashier said: " Mr. Turner, I suppose this is all right, but we don't know you and you must bring some responsible party to the bank to identify you." "What, am I to understand by that," said Mr. Turner. "Simply that the bank is forced to adopt that rule to protect itself against fraud and imposition." " Do you mean to insinuate that I am not the veritable Jesse Turner ? Look in my face and see if there is not $300 worth of honesty in it? Do you see any fraud or im- position in it? If you don't pay this draft in two minutes I will clean you and the d-n'd bank both up." "Certainly, Mr. Turner, we are perfectly satisfied, we will cash the draft," said the cashier, and he at once counted out the money.
Matthew Leeper was a noted lawyer in his day at Fayette- ville - was a Jackson democrat, and receiver of the United States land office at Fayetteville in 1832. He and the Judge frequently met as opposing counsel at the bar. On two occa- sions, he grossly insulted Judge Turner in open court, and when required, refused to apologize or retract the offensive lan- guage, and was challenged, in conformity to the polite cus- tom of the day, and usages under the code. Pistols and ten
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paces on the west fork of White river, just across the line, in the Indian nation, not far from Fayetteville, were the recitals in the cartel agreed upon between Judge Sneed, who chape- roned Leeper, and Bennett H. Martin, who acted as second for Judge Turner. The Judge was a small, spare-made, tidy man in those days, and would fight the devil and give him the first shot. The parties met in February, 1832. Three hundred Indians are said to have been present, bucks and squaws, all manifesting the greatest interest in the approaching duel. The Indians were betting their ponies and saddles, blankets and pelts on the triumph of the " little man," as they called Judge Turner ; the seconds measured off the ground and placed the parties in position ; after which Mr. Leeper withdrew the offen- sive language and avoided the combat, honorably, because it is always considered honorable to withdraw unjustified language.
Judge Sneed was drinking, and became enraged at the sud- den and peaceful solution of the difficulty, and in his frenzy rushed on Judge Turner and snapped his pistol in his bosom, but it failed of fire. If it had fired, one of the bloodiest tragedies ever enacted on the border would have concluded the scene. These facts, as stated, were given to the author by an eye-witness, whose authority cannot be questioned. Years after this, Bennett H. Martin was violently assailed, and to save himself from great bodily harm, knifed his adversary to death. The friends of the deceased offered Judge Turner $250 to prosecute, and his reply was prompt and characteristic of the man : "No; by God ! he is my friend, and commands all the services I can render for nothing but the friendship and respect I owe him."
A note was once sent to him for collection against Emily Bishop, and he made diligent inquiry for the widow Bishop . for six months or more, but did not find or hear of her. One day, during the progress of a trial in court, in which he was not engaged, he laid down on a bench at the back of the court-room and went to sleep. Whilst in this condition, the sheriff leaned over him and called Emily Bishop to come into court. This suddenly roused the Judge to consciousness, and Le sprang to his feet, exclaiming : "By God ! its a man, is it ?" The debtor's gender had burst on him like a flash of lightning. 32
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On another occasion, he was most earnestly arguing a motion for a new trial, on the ground of surprise at the trial. After he had proceeded at considerable length, the judge before whom he was arguing said, in all seriousness : "Do you say you were surprised, Judge Turner?" "Yes, your honor, not only surprised, but most damnably astonished," was the earnest reply.
The late David Walker was passionately fond of fine saddle horses, and always rode the best, but he was careless of his own personal dress. Judge Turner, in this respect, was the oppo- site of Judge Walker. He paid great attention to his personal dress, but would as soon mount a sorry donkey as the finest Arabian courser.
In fact, it is said by his warmest friends and admirers, that with him there are but two marks of distinction between a horse and a mule, found alone on close observation, directed to the feet and ears. He rode a large rough sorrel plug on the circuit for several years. At the same time Judge Walker rode a splendid blood bay. Thus caparisoned, horses and riders entered a country town and the horses, in the absence of the negro hostler, were tied to the hitching post in front of the "tavern,"' as public houses were called in those days. Sambo, the hostler, naturally supposed the finest horse belonged to the most genteel-dressed man, and when Judge Turner, called for his horse and saddle, Sambo brought out the fine blood bay, and he mounted him and rode forty miles away without knowing he was not on the old sorrel plug. One of his friends accompanied him on the return trip, and knew the innocent mistake the Judge had made, but did not apprise him of it, only remarked "you have been trading horses, have you not ?" (they were then going at a nine-mile gait) ; "O, no," the Judge answered, "but I have been riding this horse three years and never knew he was a saddle horse before ; look how he flies over the ground." When Judge Walker called for his horse, the old sorrel plug was brought out, and his re- ligion was put to the severest test. Judge Turner had five hours the start of him on the blood bay. McLean, many years cle: k of the old circuit courts and afterwards of the Federal
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court at Van Buren, was a good jolly fellow, universally esteemed by the bar.
He always had on hand a rich fund of anecdotes, and could tell them in inimitable grace. When he was clerk of the old circuit court, held at Norristown in Pope county, Judge Tur- ner went into his office when preparing to leave and asked him to loan him a pair of saddle-bags, and said : "I am always los- ing mine ; I buy a pair every few months, and don't know whether they are lost or stolen." McLean directed him to a pair hanging behind the office door, where they had remained undisturbed six months. They were packed with clothing and papers; the pocket of a vest in the bags contained $50 in bank bills. The judge took them down, and removed and care- fully inspected the contents. McLean said : "I think I have seen you wearing that identical suit of clothes; the bags and contents must be yours." "No," said the Judge, " be damned if ever I saw them before." "Feel in the vest pocket," said the clerk, and the $50 was brought to light. "No, that's not mine, I was never that careless in my life," said the Judge. Well, but there are some letters and papers there, that you will probably recognize; in fact, I don't think there can be any doubt or mistake about the property being yours, if you will only examine the papers carefully." This was done, and it re- moved all doubt as to the ownership of the property. The Judge joined McLean in a hearty laugh, but enjoined him not to circulate the incident, and he kept his promise.
A man charged with larceny called to employ him in his defense, and during the consultation admitted his guilt, but said he could disprove it and easily avoid conviction. The irate judge gave him a sound cursing, and told him to go to C. D., up the street, who did that kind of business, or to hell, it did not matter which. No gentleman at the bar ever paid greater respect to the highest code of professional ethics. When Judge Turner entered the profession, and for many years afterward, it was regarded as a breach of professional ethics, of grave char- acter, in a lawyer to advertise or solicit business. He is a dignified, courteous and refined gentleman in social life, and is keenly alive to all of its amenities. He possesses a vast fund of information which lends a charm to his fine conversational
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powers, and the author here acknowledges his indebtedness to him for much information imparted in this book in relation to the early history of Arkansas.
HON. HUGH F. THOMASON, VAN BUREN.
Hon. Hugh French Thomason was born on a farm in Smith county, Tennessee, and is of Huguenot extraction. His Protes- tant ancestors, to escape the bloody persecutions of the Catho- lics, emigrated from France in colonial times, and settled in South Carolina, and there intermarried and crossed the fiery impetuosity of the Frenchman, with the cooler blood of robust English stock. Any one at all acquainted with the individual- ity and marked characteristics of the various European nations can look at General Thomason, and tell his extraction at a glance. He has a very pronounced individuality, clearly in- dicative of firmness and tenacity of purpose, typical of that union of blood from two great national sources which unite in him. His father, Colonel Daniel Thomason, and mother, Mary Jane Denton, were natives of Warren county, Tennessee, and his ancestors from both lines were soldiers in the Indian wars under General Jackson, and in the war of 1812.
In 1829, he left Tennessee because he thought it was becom- ing altogether too populous, and immigrated to Washington county, Arkansas, then a wilderness, where he died in 1839, leaving his son to make his own way in the world, by his own unaided exertions. In those days educational facilities were of the most primitive and rudimental character, and the nega- tive, passive youth, without strong ambition of soul, pointing onward and upward, never rose higher than the sphere in which he was born ; but in every age and in every land there has always been an outlet to the higher and nobler impulses of aspiring youth; and the young man, unaided, sought and found this outlet. His acquirements, at the log-cabin school were rudimental and extremely limited, but acted as a great stimulant to his mind, and inflamed his thirst for knowledge, and made him his own accomplished educator. He taught school in 1845, in the Cherokee nation, and husbanded his concome with rigid economy, to sustain him whilst he was ac- quiring a knowledge of the law. In 1846, he became a pupil
ELECTRO-L
HON. H. F. THOMASON.
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under William D. Reagan, an eminent lawyer at Fayetteville, and was there admitted to the bar in 1847, and practiced there until 1861, but moved to Van Buren, in Crawford county, in 1857, where he still resides.
In 1851, he was elected prosecuting attorney for his circuit, embracing ten counties, and in 1854, was re-elected to the office. He commenced life a democrat, but on the passage of the Kansas-Nebraska bill by democratic votes in congress, deserted the grand old party, and joined the know-nothing party, and voted for Fillmore for president, and supported Bell and Everett in 1860. In 1856, he was nominated by the American party for congress, and made a vigorous and able canvass, but democracy would not down at his bidding, and he was defeated.
In 1860, he was a candidate for presidential elector on the Bell and Everett ticket, and made an earnest canvass of North Ar- kansas. In 1861, he was elected to what is known as the seces sion convention of that year, held at the capital in March and May, to determine the action and policy of the State in the impending conflict between the States. In that memorable body General Thomason acted a conspicuous part; he intro- duced a series of conservative resolutions looking to, and in- viting a convention of all the States to settle the slavery ques- tion, and to perpetuate the Union, and after much able dis- cussion they were finally adopted, but too late by many months; war had already been proclaimed at Charleston, and armies were on the march. Secession was defeated at the first session of this convention, and an adjournment was had until May to ascertain the sense of the people, but the south was then prac- tically a unit for war, and like thousands of other southern patriots, General Thomason reluctantly acquiesced in the decis- ion of the majority and went with his State. He was elected by the convention delegate to the Confederate congress at Mont- gomery, and took his seat in that memorable body. In the fall of 1861, he was a candidate for the Confederate congress be- fore the people, but was defeated by Hon. Felix I. Batson, on the ground that he was not an original secessionist. He took no further part in the civil war. At the reorganization of the Little Rock and Fort Smith railroad in 1866, he was elected
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one of the directors of that company, and actively aided it to completion. In 1866, he was elected to the legislature from Craw- ford county, and originated and successfully carried through a measure of vast importance then to the people of the State. During the war a vast amount of strife and ill-feeling had been engendered, and much crime during the universal sus- pension of the courts, had gone unpunished, and it was mani- fest that private malice and revenge would usurp the power of the courts, if something was not done to stop it authoritatively. A general amnesty bill, was the result of the wisdom and fore- sight of the member from Crawford. Another measure intro- duced by him extended to the colored population the protec- tion of the laws. Commencing life in adversity, experience taught him the great value of educational facilities, and made him the friend of public schools, both in and out of the legis- lature. With him originated the idea of providing separate schools for the races, which is now the settled policy of the State. The legislature of 1866, attested its high appreciation of his public spirit and services, by appointing him on the commission to Washington, to confer with the Federal govern- ment as to the best plan of reconstruction - a mission which he honorably discharged, but failed in accomplishing desirable results, because the revolutionary spirit of the dominant party headed by such men as Thad. Stevens, would not, in the flush of power newly acquired in the south, listen to any conserva- tive policy. In 1874, he was elected to the constitutional con- vention, and was an active and prominent actor in that learned body of freemen. In that body he introduced a reso- lution, declaring it the sense of the convention, that every office in the State ought to be elective, and it was adopted and is now organic law. In 1874, the democrats adopted an unwise policy, by nominating a republican on their ticket for con- gress, on the score of availability, at the sacrifice of principle. General Thomason headed a revolt, and run against W. W. Wilshire, the republican-democratic nominee for congress, but party lines were too tightly drawn, and he was defeated.
In 1872, he was accredited to the democratic national convention at Baltimore, but felt sore and did not attend. In 1878, and again in 1880, he was a member of the State
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