USA > Washington DC > Eminent and representative men of Virginia and the District of Columbia in the nineteenth century. With a concise historical sketch of Virginia > Part 46
USA > Virginia > Eminent and representative men of Virginia and the District of Columbia in the nineteenth century. With a concise historical sketch of Virginia > Part 46
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
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PERSONAL SKETCHES -STATE OF VIRGINIA.
organized bodies showed their apprecia- of the Honorable Thomas Emmerson, tion of his public usefullness and virtuous society has lost an enlightened philan- thropist, his profession a distinguished member, and his country a sincere patriot." life by uniting in the funeral procession, which was of a magnitude far beyond His other son, Littleton, was unmarried and died in 1817. what had ever before been witnessed here on a like occasion." John, the son of Capt. Emmerson, was engaged in steam engineering, which gave to his mind that disposition to investigate scientific sub- jects, to which he inclined through life. During the Civil war, he entered the signal corps, was afterward commissioned captain, and sent to South Wert, Va., to superintend the commissary department; he was at his post when the war ended. He married Susan B., the daughter of C. L. Cocke. He died in 1885, aged sixty-four years. His wife and four children survive.
The Rev. Arthur Emmerson, father of the above, was born in Newcastle-upon- Tyne, England, in 1710, and came to Virginia in 1737; he was ordained in Eng- land; he was located in Accomac county, where he married Annie Wishart, daugh- ter of Thomas Wishart; the children of Mr. Emmerson who reached maturity were- William, Arthur and Annie; this last married John Upshur of Accomac. The name of Emmerson is not uncommon in the New England states, but is written with one "m;" the addition of the other "m" is said to have occurred about the year 1643, during the civil wars in England, when it was made to mark the difference of those bearing the same name, with regard to their opinions on state and ecclesiastical affairs.
Rev. Arthur Emmerson, father of Captain Emmerson, was born in Accomac county, Va., and was educated for the ministry of the church of England. He graduated from William and Mary college and was ordained priest in England in 1768; his first charge was Saint Andrews parish, Brunswick county, Va. He was FAUNTLEROY FAMILY OF VIRGINIA. married in 1770 to Mrs. Anne Nivison, This family is one of the oldest, most authentic, and at the same time aristo- cratic, highly distinguished as it is in the annals of Virginia's history, and equally an historic English pedigree. The most immediate subject of this sketch is a highly eminent judge of Virginia's highest tribunal -a tribunal which stands, daughter of William Tazewell; later he was in charge of Meherrin parish, in Brunswick county, Va .; in 1885 he located in Portsmouth, and was rector of Trinity church; he died in 1801. His children who survived him were Captain Arthur Emmerson; Thomas, the eldest, married Miss Burwell, daughter of Jameg Burwell, par excellence, one of august dignity, of Virginia; he moved to Tennessee, and vigorous intellect. Its history and practiced law, was made judge and died its ability need no commendation at the in 1837. The following is from a Tennes- see paper of that date:
hands of the publisher. It is linked with the brightest fame of Virginia - this her The history of her judiciary is long since the common fame of the country.
"Judge Emmerson was a native of appellate tribunal's splendid accolade. Virginia and received a liberal education; soon after moving to Tennessee he filled some of the highest judicial positions of the state with honor to himself and use- The judiciary of Virginia has ever been fulness to his adopted state. In the death held beyond the range of political squabble
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PERSONAL SKETCHES - STATE OF VIRGINIA.
and too august a tribunal to be ever as- | by the concurring members on the bench in the most complimentary terms.
sailed in the public press, and is never referred to save in terms of respect. Dur- ing the many years which the eminent subject of this sketch (Judge Fauntleroy of Virginia) has been upon the bench - it is an uncommon statement to make - that in nearly every single case of note decided, the opinion of the court has been prepared and written and on opinion day read by his honor -the Hon. Thos. T. Fauntleroy. Most notably among these cases celebré, in which Judge Fauntleroy wrote the court opinion, is the "case of Clunerious." It will not be extravagant to say, that this case is perhaps the most notorious in the murder cases of the world's history.
The famous " Bettie Thomas-Lewis" chancery litigation over the estate of a Richmond, Va., millionaire, who gave his vast estate to his illegitimate child,- an octoroon,- and the heirs at law lost the bulk of the estate, as a result of the opinion of the supreme court of appeals of Vir- ginia as written by Judge Fauntleroy.
We copy the following from the columns of the Richmond Times, edited by a recognized brilliant editor and a man of great wealth, Mr. Joseph Bryan, who made perhaps the best Richmond daily out of a new venture:
" BETTIE THOMAS-LEWIS.
" Extracts from opinion of court.
" The facts in the interesting case as set forth by Judge Fauntleroy are more en- tertaining than any novel.
"By the recent decision of the supreme court of Virginia, Bettie Thomas-Lewis is made the richest colored woman in Vir- ginia, if not in the known world.
"After reviewing the history of the case in the lower courts and the questions raised in the controversy to be decided by the higher court, Judge Fauntleroy proceeds to recite the facts in the case as disclosed by the record and concurrent testimony.
"It is written in a highly original style, peculiar for a decision of this character, and reads like the pages of a strong modern novel.
" It is interesting from beginning to end, but on account of its necessarily great length as demanded by the many facts it has to cover, only extracts are herewith published.
" Bettie Thomas-Lewis, who before her marriage was Bettie Thomas, is the only living child of the late William A. Thomas, a wealthy retired merchant, who at the age of seventy years, and enfeebled by long sickness, departed this life, intestate, on the 4th day of January, 1889, at his residence in or near the city of Richmond, possessed of a large estate of both real and personal property, but principally personalty. He never married, but cohabited with a woman of half white blood, formerly his slave, in the county of Pittsylvania, Va. Bettie had an elder sister, Fannie, who married and died soon after the late civil war, without issue. Bettie, thirty-five years of age when her father died, and Fannie were always rec- ognized and acknowledged by William A. Thomas as his children. Fannie Coles, Bettie's friend and companion, lives with her. Fannie Coles is the daughter of a white man who was killed, while defending her honor, by a young Englishman in Albemarle county, Va., several years ago. Fannie was present when Thomas died. She was on the witness stand for six hours, and it was through her evidence, which the finest legal talent in Virginia could not successfully assail, that the case was won.
" Bettie Thomas-Lewis would be mis- taken for a white woman by any person who did not know her. She does not associate with the masses of her race.
"Judge Fauntleroy's opinion in the case comprises 60 pages of closely written legal cap paper. It is said by the legal "It is vehemently charged that the testimony of Fannie Coles as to the fraternity to be a magnificent exposition of the law in the case and was spoken of factum of the gift is false, a gift donatio
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PERSONAL SKETCHES - STATE OF VIRGINIA.
mortis cousa of money to his credit in!land. Through the system of reporting bank, $325,000; that it is a conspiracy (national), this jurist is eminently known in the appellate courts of other states. (Vid. southeastern reports West Publish- ing Co.'s system of national reporting de- cisions of courts of last resort in America.) with Bettie Lewis to defraud the legal distributees of William A. Thomas; that no such gift as she testifies to was ever made. The charge is easily asserted - but law, logic and a decent respect for human nature, all require clear and indu- bitable proof to induce judicial credence to such an atrocity."
So spake and wrote Judge Fauntleroy in his characteristic vigorous style, and energetic language.
The Chicago papers at the time pub- lished the opinion in full, and it elicited unstinted comments by the entire north- ern press, and not so much because of the immense fortune in controversy, but chiefly because the wonderfully vigorous, concise, painted and yet brilliant composi- tion, all disclosing a remarkable record.
It has been declared by an eminent member of the Virginia bar, that ton was said to be of considerable rank this opinion in and of itself is a "monu- even prior to the conquest, when one of ment more lasting than brass," and its members brought William the Con- against which time itself cannot prevail querer himself to terms."
or dim the sterling worth of judicial ex- cellence.
But there is yet another world re- nowned opinion rendered by Judge Fauntleroy,-the shocking spectacle of the monument over the grave of Mary, the mother of Washington, the hideous traffic in the grave itself, coupled with the advertisement sent out to all the the Manor of Preston, Wiltshire, knight, world, that her grave and uncompleted a statesman and gallant soldier in the reign of Henry VI, who, in consideration of his eminent services, elevated him to the peerage May 13, 1448, as Baron monument to her honor would be sold (and title guaranteed) above and below, at public outcry, from the steps of the capitol of the United States of America, Stourton, of Stourton, county Wilts. upon the occasion of the inauguration of He married Agnes Fauntleroy, and was President-elect Harrison, March 4, 1889. the ancestor of the present Lord Stour-
No tribute, either adequate or too ex- ton, had a daughter, Joane, who married travagant, can be paid to this matchless opinion of this world renowned jurist.
His decisions have been quoted in Eng-
Nor does his greatness consist alone in his accredited high intellectual ability. He is known as a genuine old Virginian gentleman, and no higher-minded man ever trod the soil of Virginia. Gifted, godly and accurately the gentleman, he stands to-day the person who, like Wash- ington himself, illustrated the virtues of candor, courage and liberality. Judge Fauntleroy's ancestry is traced in an un- broken line from the famous family of Staunton (Stourton) of England, prior to the Norman conquest. Hutchin's Dorset Hist. says, "This noble family of Staun-
From him descended Sir Ralph de Staunton, knight of the Holy Sepulchre, who married Alice, the daughter of Lord Berkley, and was succeeded by his only surviving son William de Stourton, who by his marriage with Joan, daughter of Richard Vernon, of Horninghan, Wilt- shire, had a son Jno. de Stourton, Lord of
Tristram Fauntleroy, third, great-grand- father of subject of this sketch - Hon. Thos. T. Fauntleroy of Virginia.
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PERSONAL SKETCHES -STATE OF VIRGINIA.
Alveston, Fauntleroy's Marsh, England, | to waive his turn, when a cannon shot, is still in the Fauntleroy family of Eng- bounding down the lane that led to the farm house, struck the unfortunate officer near the hip and hurled him to the ground a lifeless corpse. land, and whose most recent landlord, together with the old family seat, has been made famous by Mrs. Frances Hodg- son Burnett in her charming and most exquisite work, Little Lord Fauntleroy of England.
Of this place (Alveston) Coker, in his survey of Devonshire, published in 1732, writes: "This place (Alveston, Devon- shire, England) was named from the Fauntleroys, men of no mean antiquity, and if you understand the name, of equal descent, who long since seated them- selves in these parts and by an heir of the Stourtons, and whose ancient house is still owned by their offspring."
That a family so distinguished and gal- lant in England should have achieved additional renown on this side of the globe, i e., fighting for American inde- pendence, is not surprising.
Griffin Fauntleroy, the grandfather of Judge Fauntleroy, was killed at the Re- volutionary battle of Monmouth, captain in the American Revolutionary army, and says the immortal Thos. Jefferson, in his works: "This young Virginian, a most gallant and chivalrous officer, killed while yet a very young man, at the battle of Monmouth, June 28, 1777, born June the 28th, 1749.
Thos. Jefferson's works, p. 221, speaking of the battle of Monmouth: "On the part of the Americans, the fate of the young, chivalrous and brave Captain Fauntleroy, of the Virginia line, was remarkable. He was on horseback, at a well near a farm- house; waiving his turn, while the faint- ing soldiers, consumed by a thirst arising from their exertions on the hottest day supposed to have occurred in America, were rushing with frantic cries to the well imploring for water. The captain, with the point of his sword resting on his boot, his arm leaning on the pommel, continued
"The lamented Fauntleroy was de- scended from one of the old and highly respected families of Virginia. Leaving the comforts of a luxurious home and the delights of a large circle of friends, this gallant young soldier repaired to the standard of his country early in the the campaign of 1776. He was greatly respected in his grade and his untimely fate was deeply mourned in the American army."
Major Henry Fauntleroy. (Captain Griffin's brother), Major, Virginia light dragoons, in the Revolution, who was mortally wounded at the battle of Guil- ford C. H., March 15, 1761 - also received mention at the hands of Thomas Jefferson. (Vid. Jefferson's works), Curtis' recollec- tions American Revolution.
The brave Captain Fauntleroy, so handsomely mentioned by Thomas Jeffer- son, was the father of Col. Thomas. T. Fauntleroy, colonel First regiment United States dragoons, a noted Virginian and was a brave and chivalric soldier in the United States army.
The gallant Captain Fauntleroy, killed at Monmouth, had a sister, Miss Elizabeth or Betsey Fauntleroy, who it appears was the "Lowland Beauty" who made an impression on the youthful and susceptible heart of George Washington.
In 1872 the following, from the original letter, was published in the Alexandria Gazette over the signature of Gen. Fitz- hugh Lee. Its genuineness admits of no doubt, and it is addressed to William Fauntleroy, Senior, the father of the brave Captain Fauntleroy so handsomely men- tioned by Thos. Jefferson himself in his book of reminiscences of the American Revolution.
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PERSONAL SKETCHES -STATE OF VIRGINIA.
"WILLIAM FAUNTLEROY, Senior, " Rappahannock.
"Sir :- I should have been down long before this, but my business in Frederick county detained me somewhat longer than I expected,and immediately upon my return from there I was taken with a violent pleurisy, which has reduced me very low, but propose as soon as I recover my strength to wait on Miss Betsy (Fauntleroy) in hopes of a revocation of the former cruel sentence, and see if I can meet with any alteration in my favour. I have enclosed a letter to her which I
should be much obliged to you for the been a distinguished family in Virginia, delivery of it.
"I have nothing to add but my best re- spects to your good lady and family, and that I am, Sir,
" Your most obedient humble servant, "GEORGE WASHINGTON.
" Winchester, Va., May 20, 1752."
This letter and the earlier letter to " Robin," prove that no Lowland Beauty could have charmed Washington - since he was but fifteen-other than Betsey Fauntleroy.
Betsey married an Adams and be- came the mother of Thomas Adams, signer of the articles of confederation, member of the Philadelphia convention (1778-80).
The Adamses have indeed long since
whose Historical society possesses certain " Adams papers " from which its enterpris- ing secretary, Dr. Brock, may derive for us something concerning the personality of Betsey. The following is the original production of Washington's poetic mind-
In 1888, there was a celebration in deploring Miss Betsey Fauntleroy's cold New York city, in honor of the centennial indifference:
of the constitution of the states. A dis- tinguished Virginian there present called the attention of the guests there assem- bled to the fact that "Washington the Virginian," was a poet and lover. The following is from a New York paper:
" Washington as Lover and Poct !- Who was Washington's, "Lowland Beauty ?" Bishop Meade pronounced her Mary Cary, who married Edward Ambler; Loss- ing declared her Mary Bland. Others have said Lucy Grimes, who married Henry Lee and became the mother of 'Light Horse Harry' Lee (of whom Washington himself was fond) and grand- mother of Gen. Robt. E. Lee.
"Some have surmised Miss Eilbeck of Charles county, Md., who married Geo. Mason, the great Virginian. Others, Annie Daniels, one of his Stafford cousins. Of late years the opinion has gained that the lady was Sallie Cary. This has been hitherto my own conviction, based on cer- tain letters found among papers discovered in Bath, England (1811).
"It now appears to me certain that the ' Lowland Beauty'- Washington's first love -was Miss Betsey Fauntleroy." [ Vid. Washington's letter above!]
"Oh! Ye Gods! Why should my poor restless heart Stand to oppose thy might and power,
At last surrender to Cupid's feathered dart And now tis bleeding every hour,
For her that pityless of my quiet and woes, And will not on me pity take,
I'll sleep amongst my most inveterate foes And with gladness never wish to wake.
I deluding sleepings let my eyelids close. That in an enraptured dream I may In a soft lulling sleep and gentle repose, Possess those joys denied by Day."
From your bright sparkling eyes I was undone, Rays you have more sparkling than the sun Amidst its glory in the rising day, None can you equal in your bright array,
Constant in your calm and unspotted mind, Equal to all, but will to none prove kind, So knowing, seldom one so young you'll find. Ah! woe is he that I should love and conceal,
Long have I wished, but never dare reveal, Even though severely love's pain I feel. Xexes the great, wasn't free from Cupid's dart And all the greatest heros felt the smart."
Recurring to Col. Thomas T. Faunt- leroy, colonel of First regiment of United States dragoons, and who at the beginning of the late war outranked all the dis- tinguished Virginians who resigned to fight for their native heath (Virginia), we find he was commissioned by President Andrew Jackson (Old Hickory), a lieu- tenant in the war of 1812, member of Vir- ginia senate from Fauquier county, 1823,
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commissioned major of dragoons United mand, for their gallant and soldierly de- portment during said campaign,
States army 1836, then promoted to the high and distinguished position of colonel First regiment United States dragoons. We have said he was a brave and chival- ric soldier. Witness the following joint resolutions of the territorial legislature of New Mexico, 1856.
New Mexico, Preample and Joint Res- olutions:
"WHEREAS, The legislative assembly of the territory of New Mexico have been informed that Thomas T. Fauntleroy of the First regiment of dragoons of the United States army, the gallant com- mander of the recent expedition against the different tribes of Jacarilla, Apaches and Yutah Indians, will visit the capital of this territory before the final adjourn- ment of this body, and whereas
" By his gallantry, brave deportment and soldierly daring while traversing the snow- clad heights and breasting with unshrink- ing courage the wintery storms and tem- pests of the north, he succeeded not only in overtaking those savage and inhuman hordes, but in forcing them to meet him and his brave command in mortal combat, face to face, upon the field of deadly strife, there to decide not only the fate of bat- tle, but all that New Mexico has, her de- fenders, that she is not so inert and so effeminate as to permit her citizens to be robbed and murdered without visiting upon the aggressors a just and thorough bloody vengeance, and whereas, through the perseverance and gallant bravery of that officer and his resolute command, these said savage hordes of Indians have been forced to acknowledge the superi- ority of our arms and sue for peace, and that said tribes have most wisely, as it is politic, agree to remain at peace since the making of the treaties; Therefore, Be it re- solved by the legislative assembly of the territory of New Mexico;
" Beit further resolved, That a committee of six be appointed, three from the senate and three from the house of representa- tives, to wait upon Col. T. T. Fauntleroy and present him with a copy of these resolutions and that said committee invite him to visit both houses during their session.
" Be it further resolved, That the editors of the Santa FĂ© Gazette be hereby re- quested to published this preamble and joint resolution."
"Compliments of J. Bell Bigger (vid.Va. acts of 1859-60) clerk of house of dele- gates and keeper of the rolls of Virginia. For R. R. Fauntleroy, Esqr.
" Joint resolutions complimentary to Col. Thomas T. Fauntleroy, colonel First reg- iment United States dragoons, command- er-in-chief department of New Mexico. Adopted March 31, 1860.
"Whereas, Thomas Turner Fauntleroy, colonel first regiment of United States dragoons, a son and citizen of Virginia, has reflected credit upon his native state by gallant and distinguished services in the army of the United States, and more especially in the conduct of campaigns against the hostile, daring and formi- dable Indian tribes of New Mexico, as at- tested by a formal and enthusiastic vote of thanks of the legislature of that terri- tory in 1856, and again in 1859, and also by official letters of acknowledgment from the governor of the territory, and from Kit Carson, the Indian agent and cele- brated mountaineer and guide of the west, which repeated and handsome testimonials of the authorities of New Mexico to the gallantry and good conduct of Col. Faunt- leroy, now commanding the military de- partment of New Mexico, call for some appropriate recognition and response from his native state. Now, therefore, be it
"Resolved, By the general assembly of Virginia, that the said Col. Thomas T. Fauntleroy, First United States dragoons, be and he is hereby cordially commended his excellency, the president of the United States, for promotion to the rank of brig- adier general.
"Ist. That the thanks of the legislative assembly of New Mexico be hereby tendered to Col. Thomas T. Fauntleroy, to the honorable secretary of war, and to the gallant commander of the late expedi- tion against the several tribes of Jacarilla, Apaches, and Yutah Indians, and through him to the brave and gallant officers and "Resolved, That the president of the sen- soldiers which he had the honor to com- ate and speaker of the house of delegates
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PERSONAL SKETCHES-STATE OF VIRGINIA.
transmit to Col. Fauntleroy a copy, en- rolled on parchment, of the foregoing preamble and resolution, also a copy of the same to the president of the United States and the secretary of war. " JOHN LETCHER,
HON. HENRY W. FLOURNOY,
secretary of the commonwealth of Vir- ginia, is a native of Halifax county, Va., having been born in that county June 6, 1846; and he has played an important part Gov. of Va." "J. BELL BIGGER, in the public affairs of his state, but be- fore giving an outline of his career, atten- Clerk of house of delegates, and keeper of the rolls of Virginia, November 11, 1892." tion may fittingly be given the career of his father, who was Thomas S. Flournoy, Judge Fauntelroy's father married a granddaughter of the famous Charles Minn Thruston, the bishop of the Episco- pal (established church of England and Virginia) church of Virginia, at the com- mencement of the Revolution, and who repaired (distinguished divine as he was) to the standard of his country and was killed in battle. Then in turn Judge Fauntleroy himself married (as his second wife) a great-great-granddaughter of this famous Charles Minn Thruston. born in Virginia, December 11, 1811. Thomas S. Flournoy was a son of John J. Flournoy, who was also a Virginian, and a man of influence and popularity in his day; he served as a member of the state legislature; was a high sheriff, and a pre- siding justice. His son, Thomas S. Flour- noy, graduated from Hampden-Sidney college, studied law, and being admitted to the bar in 1833, entered into the prac. tice of law, and soon rose in the esteem and popularity of the people, who, in 1847, The judge is a first cousin of Alfred M. Randolph, bishop of the Episcopal church of Virginia; his last wife was also first cousin to the Randolphs, and third cousin to her husband. Thus it can be seen that Judge Fauntleroy, the present distin- guished Virginian, is a man of the highest ordered lineage. Assuredly he is a Vir- ginian of wide reputation and unblem- ished personal worth. Judge Fauntleroy called into requisition his services in con- gress, by electing him from the strong democratic district in which he lived, though he, himself, was a whig. Such was the popularity of his public servitude that he was re-elected for a second term, though defeated by a strict party vote for a third term. In 1855, his friends and party made him their candidate for gov- ernor, but he was defeated. In 1861, he rendered an opinion in a case celebre was a member of the state convention --- Baughman Boycott- among the first that passed the ordinance of secession, decisions upon this subject in America. and was active in the organization of the To any one reading the Virginia reports Sixth Virginia cavalry, and, becoming he soon discovers intuitively that a lion colonel of the regiment, he was faithful has been.
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