USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume I > Part 2
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It may seem out of place for the author to qualify his sketches of individual character, after the labor he has be- stowed on them. Knowing that many persons who were personally acquainted with the gentlemen of whom he has written will be apt to accuse the author of exaggeration on the one hand and perhaps injustice on the other, as his remarks may happen in each case, he here takes occasion to disclose a secret in book-making by way of explanation. Most writers, in all periods of the world, in all countries,-from the huge metropolis to the veriest hamlet,-have been influenced by a common ambition to appear well on paper, as that is the only arena on which they are to figure with any hope of suc- cess. To give their labors a sort of attraction, they are com- pelled to invest every thing they touch with more than ordinary importance,-to give warmth and force, so as to render signifi- cant that which seems devoid of interest because it is familiar in every-day life. The author, however, insists that he has not exceeded, if indeed he has fulfilled, the usual license in this respect. Of the thirty-two characters noticed biographi- cally in his work, he has seen twenty-three of them, heard
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them converse or make speeches, or in some other mode had an opportunity of judging each individual on his own merits. With several of them he was personally intimate, as the facts in the memoirs will show. At the time, no very striking idea or occurrence was presented worthy of historical note. But on review, after the grave has improved the vision and the heart of survivors, generosity supplants even a fault-finding disposition.
The author has made these remarks, not that he prides himself on their boldness or originality, but from a much better motive. While he charges this habit of writers without fear of successful contradiction in the mind of any experienced reader of history, he asserts, in behalf of the statesmen, jurists, and advocates whom he has chronicled, a perfect claim to the distinction and credit severally awarded to them. In the mean time, the author has too humble an opinion of himself to appear in any other light than as a mere pioneer in the soli- tudes of forensic biography in Georgia. He has pointed to the buried treasures, the correspondence, the briefs, the carcer of many who acted well their part and whose memoirs would be a gain to the public. In this connection the author may be permitted to express his gratification that he has accom- plished enough, under singular disadvantages, to stimulate others better qualified to rescue from decay the materials of which the legal profession furnishes an ample store to interest the whole community.
In the variety of matter incorporated in these volumes the author has thought proper to admit several letters written in the confidence of friendship, some of them entirely too kind for publication by himself. While this may be so, he is even willing to bear the reproach for the sake of other days and other associations now pleasant to recall. A number of origi- nal letters will be found, however, wholly free from this objec- tion, addressed to other persons, all germain to the subject. And here let the fact be proclaimed that general history is made up of transactions not less sudden and casual than those of individuals which constitute their chapter in the world.
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This current of life, more or less feeble in the experience of every man, gathers up particles from a thousand rills, and, after cleansing the gold from the rubbish, leaves the deposit for distribution among his fellows,-the dividend often being so minute in value as to require a microscope to perceive it.
Not so with the characters in this work. Perhaps not one of them lived for history,-not one of them felt convinced that he deserved commemoration. Some of the gentlemen, it is true, ranked among the foremost in the Union for public ser- vices and personal merit: nevertheless they had to enjoy their honors with trembling, and to take only an equal chance in the struggles of humanity. They are the more entitled to respect than if they had with premeditation acted a part for the historian. It is a grateful labor to follow the career of a decided, earnest man,-one who accomplished great and worthy deeds, or who failed only because his power was not equal to his ambition or his modesty. The author has endea- vored to do justice to all, and has not omitted to dwell on defects or to discriminate between opposite qualities in the same individual. He has written in a spirit of kindness at all times in the preparation of this work, and for this he takes no credit to himself, just as, if he had acted otherwise toward the defenceless, he would deserve the scorn of his fellow-men, as he would certainly incur his own.
The political matter introduced, referring to several noted issues in Georgia, will no doubt prove acceptable, not only to the young men who have grown up since, but even to those who shared in the contests as they arose. The Old and New Treaties are noticed in sufficient detail to give a just under- standing of the controversy. The case of the missionaries and other parties who sought to arraign Georgia before the Supreme Court of the United States is touched upon, with a statement of the facts and the legal questions. In regard to Nullification, and the proceedings in Georgia and South Caro- lina to carry the doctrine into effect, a very copious outline has been given. These topics form a legitimate portion of the memoirs. The Georgia platform of 1850, and the Resolu-
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tions of the Nashville Convention, are also included. In addi- tion to these, several measures in Congress have been brought into view. The recharter of the Bank of the United States, the removal of the public deposits, the tariff, uniform system of bankruptcy, annexation of Texas, &c. are interwoven in the biographical sketches.
From the papers of the late Gen. Blackshear much inte- resting matter has been obtained, throwing light upon the negotiations for the western territory ceded by Georgia to the General Government in 1802, and also in relation to the War of 1812-15. Many of the letters having been written by Governor Early, whose memoir appears, they were considered necessary to show his official conduct at a critical period. The other documents and correspondence, it is believed, will prove not less acceptable to the public. They all establish the value of old family papers; and their publication, it is hoped, will induce more carefulness generally in preserving such memorials of the past. Many rich treasures have been lost to history for the want of due reflection in this respect. Humble as they seem in garrets usually allotted to them, these scraps of writing are the best interpreters of the times to which they relate, and more worthy of confidence than the interested and formal statements made for the public eye to serve a party or a cause. For this reason, the privilege granted the author by the family of Gen. Blackshear has led to a memoir which accompanies the papers in the appendix to the first volume, and which will be found of interest to the profes- sion for the legislative and judicial matter it contains.
In submitting the result of his labors to the public, the author asks permission to say a word or two calling for the sympathy of his professional brethren. Many original papers in the handwriting of deceased members of the bar have passed under his inspection for the purposes of biography. They have always impressed him with sadness and delicacy in the work he had undertaken, because, while they furnished evidence of character, they left him to throw around that cha- racter such drapery as might render it attractive or disagree-
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able. It has afforded him satisfaction to exhibit qualities for approval, without the least pleasure in alluding to defects when they existed. In performing his task he has only to regret that his abilities have been less than his patience in the composition of these memoirs.
In the appendix to the second volume a court-roll has been given, containing the names of all the judges of the Superior Courts, and the Attorney and Solicitor Generals in Georgia from 1790 to 1857. Nothing of the kind has ever before been published. It is a record of honors bestowed, and cannot fail to interest readers generally. Also in the same appendix will be found "fragments" from the pen of the author, most of which have appeared in print at various times. They are intended to show certain matters as they transpired. The pieces entitled "Labor Essential to Happiness," and "Letters to a Young Friend," are particularly intended to foster energy of character, and may, it is hoped, have a salutary effect.
In addition to what the author has already said about varying the plan of this work from that originally announced, he thinks proper to observe that the Roll of Practising Attor- neys in Georgia, which he designed to include, has been omitted for the reason that such information has since become familiar to the public.
All the materials furnished the author for the purpose have been worked up in the biographies which appear in the two volumes now submitted to the public. Should the favor with which they are received authorize a third volume, the field is ample enough and abundantly fruitful to render a compliance with such a demand not less a duty than a pleasure.
S. F. M.
OGLETHORPE, GEORGIA, January, 1858.
THE
BENCH AND BAR OF GEORGIA.
I.
GEORGE D. ANDERSON.
THERE is no doubt, had he lived to the usual limit of man's sojourn upon earth, the Hon. GEORGE DAVID ANDERSON would have occupied a high rank among the distinguished men of Georgia.
His parents were John and Nancy Anderson, who resided in Anderson district, South Carolina, where their son (the third of eleven children) was born on the 28th day of May, 1806. His opportunities for an education were quite limited; yet, by great diligence in the pursuit of knowledge as chance permitted, he became well informed and capable of mastering the intricacies of the law.
Removing in early life with his parents to De Kalb county, Georgia, he continued to exercise his habits of manual labor for a number of years. He then turned his attention to legal studies, and read in the office of David Kiddoo and James M. Calhoun, Esqs., then partners in the practice of law at Decatur, until he was admitted to the bar in 1833. In the next four or five years he was connected with Mr. Calhoun in the usual labors and profits of the profession until his removal to Marietta, about the year 1838.
At different periods Mr. Anderson served the public in the following situations :-
1. Receiver of tax-returns and collector of taxes.
2. Captain of a militia-company.
3. Colonel of a regiment of militia.
4. Brigade-inspector.
5. Commissioner appointed by President Van Buren, in 1836, to investigate alleged frauds on the Indians, with respect to their lands in Alabama.
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6. Representative five years from De Kalb county in the Legis- lature of Georgia.
7. Senator from the county of Cobb.
8. Solicitor-General of the Coweta circuit.
9. Judge of the Superior Court.
This is indeed a flattering record, such as can rarely be exhibited in favor of a man who died at the age of thirty-seven years. A gentleman* to whom the author applied politely furnished a copy of the remarks of the press and the proceedings of the bar on the occasion of the death of Judge Anderson, which are adopted as a part of this memoir. The same gentleman adds :-
Judge Anderson was a man of a lively disposition, and possessed a warm and feeling heart. He was quite distinguished for his kindness and attention to the sick and unfortunate. In point of honesty and fidelity not a blemish was on his character. You may form some idea of the estimation the people had of him, who knew him, from the great respect shown at his death. He was a member of the Presbyterian Church.
The Federal Union thus referred to Judge ANDERSON's death :-
Georgia has lost few sons whose untimely end would have produced more regret than him for whom we perform the painful duty of offering this passing notice. We extract the remarks of the Rome Sentinel, and the proceedings of the bar at Spring Place, where his death occurred. But the case is so full of interest that we add the following, taken princi- pally from a letter from one of his friends :-
"On the morning of his decease, Judge Anderson arose as usual and opened his door that a servant might light a fire. He was for half an hour left alone, but at that time he was found expiring on the floor. His attentive friend, who describes the scene, was present : 'His pulse had ceased to beat and he was perfectly insensible. It was an awful and sudden visitation of Providence, cutting him off in the midst of his use- fulness and at the post of duty. His ways are ofttimes dark and myste- rious, but always right. Judge Anderson seemed to have died without the slightest struggle. ITis features were as placid and composed as if he had gently fallen asleep.' From Spring Place the body was transported to Marietta, to receive the last duties of his bereaved wife and little ones, and his numerous friends. 'I never have,' said his friend, 'seen a more deeply solemn scene. The Court, the Bar, the Grand Jury, and the largest procession of citizens I ever witnessed on such an occasion, attended his funeral services.' This well-merited tribute of respect was rendered practicable by the accidental sitting of the Cobb Court at that time.
"Thus has fallen one of our purest, most acceptable, and upright citizens. Ilis rise to office was not through detraction and malice, but his claims rested on his merit alone. Few have arrived at such honors with as few blemishes."
A communication written by a gentlemant well known in Georgia appeared in the Rome Sentinel as follows :-
* James M. Calhoun, Esq., a State Senator.
t Hon. John HI. Lumpkin, a Representative in Congress.
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GEORGE D. ANDERSON.
It becomes our melancholy duty as a public journalist to record the death of the Hon. GEORGE D. ANDERSON, Judge of the Superior Courts of the Cherokee circuit. Below will be found the proceedings of a mect- ing held by the bar of this circuit at Spring Place, in Murray county, on the day of his death. The public generally throughout this whole country will participate in the sentiments of regret expressed by the bar at this mysterious visitation of Providence.
Judge Anderson was a native of Anderson district, South Carolina. HIe removed to this State at an early age, where he commenced life under many disadvantages. Without wealth, without influential family connec- tions to aid and assist in bringing him forward into life, he commenced earning his support by laboring as a mechanic in manufacturing cotton- gins. But, his native intellect being active and strong, he could not long be confined to mechanical employments. He thirsted for knowledge and that enviable distinction which it only can give, aided and assisted by a manly, virtuous life. Without any education, and while compelled to attend to the duties and labors of a mechanical trade, he commenced the study of law. We think we see him now, as then, after being worn out by toil and labor during the day, at night seizing his candle and book, where the flickering light might be seen through his window, the sole sentinel at that dread hour of all that was once life and animation. By his application and industry, continued under such disadvantages, he became qualified from his knowledge to commence the practice of that profession. lie established himself in the practice at Decatur, De Kalb county, Georgia, and not only sustained himself as a lawyer, but received from the community in which he lived repeated testimonials of their confi- dence and esteem by being selected as their representative in the State Legislature.
In the councils of his adopted State he was always the eloquent, the fearless, and independent advocate of her rights, her honor, and the best interests of his own constituents. But his march to distinction was onward and upward. He was next elected by the Legislature the Solicitor-General of the Coweta circuit; and all who have witnessed his able, manly, and eloquent appeals in behalf of the State of Georgia and her violated laws, in criminal prosecutions, have awarded him the praise of an able, honest, and faithful public officer. After the expiration of his office as solicitor-general, shortly after the Cherokee counties were organized by the Legislature and settled by its present enterprising popu- lation, the subject of this brief notice made a permanent location in the county of Cobb; and here he was honored with the confidence of the people, and loved for his social, intellectual, and moral worth. Without effort, intrigue, or management, he was to the day of his death an almost universal favorite, and, in the year 1841, was chosen by his constituency in Cobb to represent them in the senatorial branch of the Legislature. He was next elected, at the last session of the Legislature of this State, Judge of the Superior Court of the Cherokee district, and was ably, honestly, and faithfully discharging its responsible duties at the time of his death, with entire satisfaction to the whole country.
Judge Anderson was just entering his thirty-seventh year at the time of his death; and he had, without wealth, without influential family friends, and without the advantages of an early education, established for himself a fame and a reputation that any among us might be prond of. Indeed, it is an example that may be adduced through all time to the
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youth of the country as well worthy their imitation. It also strikingly illustrates the character of our free and happy system of government.
The proceedings of the bar were as follows :-
At a meeting of the members of the bar of the Cherokee circuit, con- vened in the court-house at Spring Place on Tuesday morning, the 28th of March, 1843, Judge John W. Hooper was called to the chair, and Thomas C. Hackett, Esq., requested to act as secretary.
The chairman announced in a brief and feeling manner the sudden and unexpected death of the HIon. GEORGE D. ANDERSON, Judge of the Superior Courts of the Cherokee circuit, who, by a sudden dispensation of Providence, departed this life at an early hour this morning, at his lodgings in this place.
Judge Turner II. Trippe, after a few brief remarks, offered the follow- ing preamble and resolutions, which were unanimously adopted by the meeting :-
It has pleased an all-wise and overruling Providence to remove from among us the Judge of the Superior Courts of the Cherokee circuit of this State. The HIon. George D. Anderson is no more ! Without warn- ing, the fell Destroyer came and cut him down in the midst of his useful- ness and at the post of duty.
To those who knew him as we have known him, culogy of his character is unnecessary and vain. Mild and courteous as a gentleman, able and talented as a lawyer, upright, fearless, and independent as a judge, he bade fair to become-indeed, he had become-an ornament to the profes- sion, a credit to the bench, and one of Georgia's best and brightest sons. Society, and especially his circuit, has sustained a heavy loss by his untimely death. To his family the deplorable loss is irretrievable. In all the relations of husband, father, and friend, he was as faultless as mor- tality could be. Entertaining these opinions of the worth of the departed Judge Anderson, we, the members of the bar of the Cherokee circuit, as a tribute of respect to his memory and in admiration of his character, give the public expression of our feelings on this mournful occasion. Therefore,
Resolved, That we deeply deplore the loss we have sustained by the sudden and untimely death of Judge Anderson.
Resolved, That we sincerely sympathize with his afflicted family in their bereavement.
Resolved, That as a slight tribute to his memory, and indeed a small token of the grief we feel on this melancholy occasion, we will wear crape on our left arm for thirty days.
Resolved, That a committee be appointed to offer to his wife and family our sincere condolence in their deep affliction, and a copy of the proceed- ings of this meeting.
Resolved, That a copy of these proceedings be published in the public gazette of this circuit and the principal newspapers in the State.
Milton H. Gathright moved that at the next term of the Superior Court of this county, a motion be made that the proceedings of this meet- ing be entered on the minutes of the court.
The chair appointed Turner II. Trippe, James A. Hanks, Richard M. Aycock, Andrew J. Hansell, and Milton HI. Gathright, Esqs., the com- mittee contemplated by the resolution.
The meeting then, on motion of Warren Akin, Esq., adjourned.
II. ROBERT AUGUSTUS BEALL.
THE genius of ROBERT AUGUSTUS BEALL has been admitted by all who ever heard him speak. He has been aptly called the Prentiss of Georgia. His career at the bar was distinguished by a glowing cloquence which defied all competition. A native grace of manner captivated every eye; his pure diction delighted the scholar; and the melody of his voice charmed every listener. We shall give such particulars of his history as we have been able to gather.
IIe was born in Prince George county, State of Maryland, on the 16th day of November, in the year 1800. His father removed to Georgia in 1808 with his family; and the subject of this mnemoir, after the usual elementary training in neighborhood schools, was sent to Raleigh, North Carolina, where he completed his education. He subsequently studied law in Augusta under the direction of Judges Montgomery and Reid, was admitted to the bar soon after he was twenty-one years of age, and located in Marion, Twiggs county, where he formed a professional partnership with Col. T. G. Ilolt. On the promotion of the latter gentleman to the Judgeship of the Superior Court by Gov. Troup, in December, 1824, to fill the vacancy caused by the resignation of the IIon. Thomas W. Harris, Maj. Beall succeeded Col. Holt as Solicitor- General of the Southern circuit by executive appointment.
About this time, owing to some remarks at the dinner-table of a friend, (the late Martin Hardin, Esq., of Decatur county,) a quar- rel ensued between Thomas D. Mitchell, Esq., and Maj. Beall, which led to the field of honor on the Carolina side, near Augusta, in March, 1825. Two shots were exchanged by the parties, when, on the mediation of Maj. Pace, who was recognised as authority in such affairs, the combatants retired from the field without further hostilities. Capt. Joseph Morgan was the officiating friend, and Dr. Ambrose Baber the surgeon, of Maj. Beall. The author, then quite a youth, well remembers the warm rejoicing of Maj. Beall's friends on his return in safety from the duel. While many regretted that he had taken a step of such doubtful propriety, all regarded
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him with increased admiration. He was put forth as a candidate for the House of Representatives by the Troup party, but was defeated by a small majority at the regular election. On ascer- taining that the Clark party had full dominion in the Legislature, Col. Moses Fort resigned his seat in the House in order to compete for the bench. Maj. Beall was a candidate to fill the vacancy, and was elected over Robert Glenn, Esq., the ablest member of . the Clark party in Twiggs county.
Thus we find Maj. Beall, at the age of twenty-five years, a prominent member of the Legislature of Georgia, commanding the attention of the House by strains of eloquence which drew crowded galleries. His modesty and self-respect prevented him from appearing often upon the floor. When a question worthy of his talents arose, and he believed that he could shed light upon it, he exerted himself with that preparation and energy which always secured triumph, if not in the votes of the House, at least in his own rapidly-advancing character. He was courteous in debate, and extremely affable in his bearing at all times.
His course during the session proved so acceptable to his con- stituents that he was re-elected the next fall by a large majority. His devoted friend, Major-General Ezekiel Wimberly, to whose staff he belonged, was returned to the Senate at the same election, over Gen. L. L. Griffin, who, in the heated party-canvass between Troup and Clark, had caused their defeat the previous year. Maj. Beall again sustained himself with increasing reputation in the House of Representatives.
At the session of 1827, Maj. Beall appeared at the bar of the House of Representatives as counsel for Judge Fort, on charges preferred by Col. Joseph Blackshear, of Laurens county, for irre- gularities in office, and especially for decisions which he had made in the case of A. B. Ridley and wife against the executor of Elijah Blackshear, deceased. After hearing testimony, the select com- mittee reported an address to the governor, which, after passing the Ilouse of Representatives, failed for the want of a two-thirds vote in the Senate.
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