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 22
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Lastly, we learn how complete is the victory which Christianity enables us to achieve over the powers of death and the grave. For while we contemplate the closing scene of our brother's life, and mark the good man as he dies, we cannot but feel that the saying has been brought to pass, " Death is swallowed up in victory. O Death ! where is thy sting ? O Grave! where is thy victory? The sting of death is sin, and the strength of sin is the law. But thanks be to God, which giveth us the victory through our Lord Jesus Christ."
"Oh, may we triumph so When all our warfare's past ; And, dying, find our latest foe Under our feet at last !"
The following announcement appeared in the newspapers soon after the death of Judge Clayton :-
DIED,-At his residence in Athens, on Friday night, the 21st June, (1839,) the Hon. AUGUSTIN S. CLAYTON.
Judge Clayton was born in the State of Virginia, on the 27th Novem- ber, 1783. He completed his education at the University of Georgia in 1804.
Having pursued the study of the law under the late Judge Carnes, he entered in early life upon its practice, and was successful, and rose to distinction at the bar.
He was chosen a Representative of his fellow-citizens, first in the lower and subsequently in the higher branch of the State Legislature, where he imparted the impress of his mind to many of the laws under which we now live.
Hle was thenee elected Judge of the Superior Court of the Western Circuit, which post he filled with honor and dignity.
In 1832 he was elected a Representative in Congress for the State of Georgia, of which body he became a distinguished member. At the close of the last term for which he was eketed, in consequence of declining health, he retired from public life, except the trusteeship of the Uni- versity of Georgia, which station he had filled from a very early period.
HIe was highly distinguished for his correct literary taste and chaste,
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flowing wit, which his numerous political and other essays abundantly prove.
In private life and in his social relations the subject of this notice was characterized by the greatest affection and the most ardent desire to minis- ter to the happiness of those who were dependent upon him. For many years Judge Clayton had been exceedingly skeptical upon the subject of the Christian religion. His mind was, however, turned to its more calni and deliberate investigation during his long and protracted illness. Then it was that he regarded his previous neglect as the greatest ingratitude, and, under a deep conviction of its truth and of his former errors, he made a public profession of faith in Christ, by uniting with the Methodist Episcopal Church, in August, 1838, which he steadfastly and -consistently maintained till his death.
Sensible that his former opposition to Christianity might have infected the minds of many with whom he had associated, his most ardent desire appeared to be to undo the evils of his former life in this regard.
The closing scene of his life was one of extraordinary Christian triumph. He retained the exercise of his intellectual powers with surprising vigor to the last ; and many of his dying expressions will long be remembered by his family and friends as precious memorials of the power of divine grace in cheering the spirit in its passage to the tomb.
Thus lived and died one among the most talented and distinguished citizens of the State of Georgia, whose foibles will be forgotten, but whose many virtues will be remembered and cherished long after this brief obituary shall have been laid away among the things that were.
DEMOSTHENIAN SOCIETY, June 22, 1830.
Whereas, It has pleased Almighty God to take from us another, and one of the most venerable and highly-esteemed, of our members, the Hon. AUGUSTIN S. CLAYTON, one of the earliest graduates, and for many years a trustee, of this institution ; and whereas, we are duly sensible of the loss which we have sustained as a body in the death of one whose reputation as a philanthropist, a statesman, and a most valuable and worthy citizen, has always reflected honor and dignity on our Society :
Be it unanimously Resolved, That we entertain the highest esteem and veneration for the deceased, and adopt the following resolutions :-
Resolved, That the members of this Society wear crape on the left arm for the space of thirty days, and that the members of the Phi-Kappa Society be requested to unite with us in this testimony of regard.
Resolved, That the members of this Society attend at the residence of the deceased on to-morrow, to walk in procession to his place of burial, and that the members of the Phi-Kappa Society be likewise requested to join us.
Resolved, That these resolutions be published in the gazettes of the town, and that a copy of the same be transmitted by the committee to the bereaved and deeply-afflicted family of the deceased.
Resolved, That this Society transaet no business on to-day, and adjourn until Saturday, as an additional mark of respect to the deceased.
E. W. HARRIS, A. S. ATKINSON, J. FELDER,
Committee.
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NOTE TO THE MEMOIR OF JUDGE CLAYTON.
Since writing the memoir of the Hon. A. S. Clayton, a commu- nication has been received from one of his sons,* giving an addi- tional account of the early life and subsequent career of his father, -which is subjoined, and also the letter to which it refers. They were intended as a guide to the author in preparing the memoir in his own language; but he prefers to give them as they were writ- ten, though a few particulars may be repeated which appear else- where. He could not substitute his own words with any hope of improvement.
The letter answers certain questions propounded by the author.
1. My father, AUGUSTIN SMITH CLAYTON, was the son of Philip and Mildred Clayton. His mother's maiden-name was Dixon. He was born at Fredericksburg, Virginia, on the 27th of November, 1783. His parents removed to Georgia when he was about a year old, and settled in Richmond county, where they both died, I think, soon after the collegiate education of my father was completed. My grandmother died some time before. I have not the dates ; nor do I suppose them at all necessary. Both were dead at the time of my father's marriage, if I recollect aright.
2. My mother has no certain information as to his early education, but thinks he was at one time under the tuition of the late William H. Craw- ford. We do know, however, that he was a student ,at the Richmond Academy when Gen. George Washington visited Georgia in the year 1791. In my father's library is a copy of Sallust, presented to him by Gen. Washington, in which the following appears :-
" Premium of the President of the U. S. to Smith Clayton, a student of Richmond Academy, as a memorial of his esteem, and a premium due to merit. Presented by his request
" (Signed,) ROBERT FORSYTHI, A. BALDWIN."
And immediately, in my father's own handwriting, is this :-
" The speech which produced the above was spoken at the age of seven years and four mos."
He was a graduate in the first class of the University of Georgia. I have no means by me to ascertain the year. You are perhaps correct in naming 1804.
3. He read law with Judge Thomas P. Carnes, and was admitted to the bar at Washington, Wilkes county.
4. He first located in Franklin county; but, after remaining one year, he removed to Athens, where he resided during the remainder of his life. He was married on the 20th December, 1807, at Augusta, to Julia Carnes.
5. He died at Athens on the 21st June, 1839. Eight children sur- vived him, four sons and four daughters,-viz. : George R. Clayton, a promi- nent lawyer of Columbus, Mississippi; William W. Clayton; Philip Clay- ton, who was appointed Second Auditor of the Treasury Department of the
* William W. Clayton, Esq., of Kingston.
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United States in the year 1849, and has held the position through both Gen. Taylor's and Gen. Pierce's administrations ; and Edward P. Clayton, a commission-merchant of Augusta. My sisters are-Ahnira Dallas, who married Joseph B. Cobb, youngest son of the late HIon. Thomas W. Cobb ; Julia Smith, who married Francis G. Baldwin ; Claudia Caroline, who married John Howze; and Augusta, who married William King, Jr. Mr. Cobb lives very near, and Mr. Baldwin in Columbus, Mississippi, Mr. Howze at Marion, Perry county, Alabama, and Mr. King at Savannah. All the above-mentioned were alive at last accounts, (January, 1857.) My father never lost but one child,-his second son, named for himself, who gave the highest promise. He was an untiring student, was admitted to the bar before he was of age, and died the next week.
I have now replied to all your direct questions, and, I trust, with suffi- cient distinctness.
From the long letter of my eldest brother, George R. Clayton, who was in the practice of the law with my father some five or six years before he removed to the West, I at one time thought to cull such facts as were essential in the accomplishment of your design ; but, upon more mature reflection, I have concluded to enclose it to you as it was received. It is full and explicit, though written, as must be observed, in great haste. Very nearly all the particulars enumerated by him have come under my own observation, and I fully corroborate them.
The letter referred to by my brother in relation to the bank transac- tion I withhold only because of the severe reflections upon the betrayer of his confidence. One expression from the letter will disclose to you the state of my father's feelings at the time. He says, "With the ex- ception of the loss of your brother Augustin, it has inflicted the most un- mitigated torture of mind that a life of now nearly fifty years has ever afforded." I can, however, give you an extract pertinent to the question. Let me premise by saying that the money taken on with him to Wash- ington City was to pay the balance of his portion (one-fourth part) of the machinery for the Athens factory, to Messrs. Rogers, Ketchum & Grosvenor, of New York. "I have also informed Rogers & Co. of my misfortune. Besides, as soon as iny iness here learned how I had been treated, they spontaneously, and perfectly unsolicited, offered their names to go into the bank for the amount I wanted, and suggested the step, stating that under my peculiar circumstances I ought not to let a matter of pride prevent me from removing my embarrassment, so far as it related to the payment which was expected by Rogers & Co. in New York. 1 yielded to their suggestions ; and Gen. Robinson, Judge Mangum, Judge Bouldin, Col. King, and Capt. McIntyre, all endorsed a note immediately for three thousand dollars. Col. King went with me this afternoon to the President of the bank, and, after stating my situation, received for answer that he thought there would be no difficulty in getting the amount for at least four months. We had desired till the meeting of the next Congress. He said he would lay the matter before the board in the morn- ing and give me an answer at 12 o'clock."
This letter was written on the 4th of March, 1833, and the day before his note was discounted. The transaction was one of a purely business character, and would never have been made but for the urgent solicita- tions of friends (some of whom at least were opponents of the United States Bank ) and the peculiar circumstances under which he was placed.
The charge of being bonght up by the bank was as base as it was false.
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BENCH AND BAR OF GEORGIA.
I know that with regard to the unconstitutionality of the United States Bank my father's opinion was never changed; for, in a conversation with him upon the subject about a year before his death, he stated distinctly that Congress had no power to charter a bank under the Constitution, but that it seemed, from the situation of affairs at that time, the great de- rangement of the currency, the exorbitant rates of exchange, (being as high in many instances as fifteen per cent.,) and the suspension of specie-pay- ments by the State banks,-and all this happening so soon after the down- fall of the United States Bank,-he was inclined to think it necessary to have a regulator of the currency, and that he would not object to see the Constitution so amended as to confer upon Congress the power to charter an institution of the kind, with all proper restrictions and safeguards.
It may not be amiss to relate an incident which occurred at the time my father connected himself with the Methodist Church in Athens, as it gave unquestionable evidence of the thorough work of the grace of God upon his heart.
For a long time he had the most supreme contempt for the editor of the -, and would not deign to speak to him. This was occasioned by an unfair, unjust, and violent opposition to him, which was continued even after he retired to private life. It was carried to such an extent that one of his sons, feeling that "forbearance had ceased to be a virtue," called upon the editor.
This circumstance is mentioned merely to show the bitterness of feeling which existed. Now for the incident.
On the Sabbath morning in question, the meeting having been quite crowded, upon the call of the minister for any who might desire to attach themselves to the Church, there appeared at the altar my father, accom- panied by my mother, and soon after the editor before mentioned. They were received by the minister; and, immediately on seeing him, my father, still affected with paralysis, tottered up to the editor and extended his hand, thereby indicating to the world that as " his trespasses had been forgiven," so he forgave those of others. It was received in like spirit; and upon the Christian's altar all animosities were forever buried. The scene was touching, and produced such a thrill throughout the whole audience as to cause many an eye to glisten with the sympathetic tear.
My brother, as you will see, suggests the propriety of a visit to Athens, to see if I could not collect something from among my father's papers that might be valuable to you. Having overlooked most of them before removing to this [Cass] county, I feel pretty well satisfied that nothing additional could be procured. I regret that my father did not keep a copy of his correspondence. He retained no copies, except of letters on special business. I am therefore denied the pleasure of offering you any thing of this style of his writings. Judge A. B. Longstreet and my father were intimate friends, and he may have some of his letters that might be interesting. I cannot think of any one else at this time to whom to refer you.
If you could obtain a copy of a work entitled "The Mysterious Pic- ture, by Wrangham Fitz-ramble," of which my father was the author, you there have a style differing from his political writings. I have no copy of my own, nor can I inform you where you would be likely to procure one. The edition is exhausted ; all copies, therefore, are in second hands .*
* The author obtained a copy more than twenty years ago, and has it now, bound with other choice literary pamphlets, in his library.
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IIc also wrote for Col. David Crockett, in his lifetime, a work entitled "The Life of David Crockett, written by Himself." This was, for the most part, of a political character. I had a copy, but it has been lost.
From the letter of George R. Clayton, Esq. referred to in the preceding, extracts are here given, further to illustrate the charac- ter of Judge Clayton :-
As a man, lie possessed an unbounded benevolence and was sensitive to the sufferings of the poor. Frequently have I known him when, from the scarcity of corn and provisions, much distress among the poor pre- vailed, and when he had it for sale and the price very high on account of the scarcity, open his cribs to the poor and let them have it without charge. And I can safely say that no man was ever denied provisions, when he could possibly spare any, because they had not the means of payment. This was a trait in his character I have often thought of with pride and admiration. There were a good many poor families residing near his plantation ; and during years of scarcity, (which was frequent in that section of the country, as the soil was very poor and unproduc- tive,) provisions were supplied to these families without charge, or on the . most liberal terms, instead of high prices from those who were able to pay the cash.
He was a man of nice, delicate feelings, and very strong attachment to those with whom he was familiar. But such was his fondness for wit and cutting satire, that he rarely let an opportunity escape him in exercising it upon his best friends; and, no doubt, he has often wounded feelings where no unkindness was intended. His wit was without malice, and was more the result of a lively humor than a desire to injure feelings. From his mind it wholly passsed away with the moment and the occa- sion ; yet I have no doubt it left behind many a secret enemy. He was always generous with his wit. It afforded him as much pleasure and amusement to be himself the subject of a good repartee as to exercise his wit on others.
In his domestic relations he was very free with his children, often making them the subjects of his wit, and allowing them full latitude in their replies and witticisms on him. He therefore became a common centre for the witticisms of his family; and, whenever one of his children made a successful hit, the child, instead of being reproved, was considered as having won a laurel. I recollect an instance which delighted him. HIe had told an anecdote which ran thus :- A gentleman, travelling through the Indian nation, stopped at a spring to take some refresh- ments; and, whilst there, an Indian came to the spring, with whom the gentleman entered into conversation. He asked the Indian what was his employment, who replied that he was a preacher. Ile was asked where he preached. The reply was, at the upper town and the lower town. He was further asked if they paid him any thing for preaching. "Yes," was his answer. "How much?" said the gentleman. "Upper town pay two dollar and lower town pay one dollar." "That is d-n poor pay," said the gentleman. "Yes, but d-n poor preach, too," replied the Indian. Soon atter this anecdote was related in the family, my father was elected to some office, and I asked him what salary he was to receive. He informed me ; and I replied that I thought it a poor salary. "Yes," said one of my little sisters, " but it is d-a poor preach, too." This so delighted him
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that she was the toast of the family for a week afterward. She had bearded the lion in his den and come off victorious.
He always encouraged his children to exercise their wit upon him, and was pleased when any of us were successful. My wife, never having been accustomed to that kind of freedom in children toward parents, when first introduced into the family thought us the most disrespectful children to parents she had ever seen, and so expressed herself to me. But she soon found it was freedom without disrespect, and pleasantry without rudeness, and had resulted from the vivacity, wit, and humor on the part of my father whilst in social intercourse with his family. He was an impulsive man, erring and repenting almost at the same moment. He was quick- tempered,-would sometimes act under a state of passion, and repent of it afterward, although the act itself might have been correct. Ile rarely ever chastised a child or servant, and, if he ever did, it was in a passion; and, whenever his passion subsided, he would weep like an infant for having done it.
As a judge, he was peculiarly sensitive to a rigid maintenance of the independence of the bench as against popular clamor and opinion. He derived his ideas of the independence of the bench and the course for a judge to pursue in a great degree from the example of Lord Mansfield in the celebrated case of Mr. Wilkes. He was greatly impressed with the remarks of Lord Mansfield in that case. I have often heard him repeat them, particularly that portion commencing, " But here let me pause."
It is fit to take some notice of the various terrors being out, the numerous crowds which have attended and now attend in and about the hall, out of reach of hearing what passes in court, and the tumults which, in other places, have shamefully in- sulted all order and government. Audacious addresses in print dictate to us, from those they call the people, the judgment to be given now and afterward upon the conviction. Reasons of policy are urged, from danger to the kingdom by commotions and general confusion. Give me leave to take the opportunity of this great and respectable audience to let the whole world know all such attempts arc cain. Unless we have been able to find an error which bears us out to reverse the outlawry, it must be affirmed. The Constitution does not allow reasons of state to influence our judgments. God forbid it should ! We must not regard political conse- quences, how formidable soever they might be. If rebellion was the certain conse- quence, we are bound to say, "Fiat justitia ruat colum." I wish popularity, but it is that popularity which follows, not that which is run after: it is that popularity which, sooner or later, never fails to do justice to the pursuit of noble ends by noble means. I will not do that which my conscience tells me is wrong upon this occasion to gain the huzzas of thousands or the daily praises of all the papers which come from the press. I will not avoid doing what I think is right, though it should draw upon me the whole artillery of libels,-all that falsehood and malice can invent, or the credulity of a deluded populace can swallow.
See the remarks at large in the 4th volume of Burrows's Reports, p. 2561, Rex vs. John Wilkes, Esq. I have often heard my father repeat the above remarks of Lord Mansfield and speak of them as the true test of an upright judge. They had made a very deep impression on his mind; and, when he came upon the bench, he has often said to me that he took those sentiments as his guide of action. And, in examining his history as a judge, I think it will be found that he never looked to con- sequences to himself or faltered in the course pointed out by those senti- ments. Upon several occasions he was compelled, in the discharge of official duties, to resist popular clamor and prejudice. In one case (I think it was in Habersham county : it was the case known as the Indian Reserve Case) I understood he was threatened with personal violence by
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the mob for his decision in favor of the Indians, and his friends were on their guard to prevent it. Col. Samuel A. Wales may remember the circumstances.
The last judicial act of his life deprived him of his office, and which I have always looked upon as the proudest of his public career. I allude to the decision in favor of the Cherokee Indians, and which was noticed in Gov. Gilmer's Annual Message to the Legislature in rather a rude manner, asserting that the policy of the State in acquiring possession of the Indian territory had been frustrated by the decision of a judge, &c. This decision was made a short time before the meeting of the Legis- lature at which a judge in his circuit was to be elected for the constitu- tional term. He was a candidate for re-election without opposition from any person of his party, and they in power at the time. His re-election was considered certain; when some of his intimate friends ascertained what would be his decision in the case, and, knowing that it would raise a great clamor against him, as it was in direct opposition to the policy of the State and the prejudices and desires of the people in acquiring the possession of the Indian territory, and also in some degree affecting the stability of the party in power, as the acquisition of Indian lands was one of the party hobbies of the day, and not absolutely necessary that the decision should be made public before the election, the suggestion was made to him by friends who greatly desired his election that the decision should be postponed until after the election. This he declined, preferring the character of an upright and independent judge to the office. Some of his best friends-among them the lamented Judge Dougherty-differed from him in opinion. As to the correctness of the opinion I have no- thing to say. That is a matter to be judged by the public. I only men- tion it to show a trait of character he possessed in an eminent degree as a judge,-to wit, independence; for every motive of a personal kind and every inducement of a selfish nature would have prompted to a different decision.
The decision was made just before the election, and, as expected by his friends, it created great opposition to the renewal of his term of office. Judge Dougherty had been elected a member of the Legislature from Clark county. He resigned his seat within a certain time, became a candidate for the judgeship, and was elected. Up to this time Judge Dougherty had been the warm personal and intimate friend of my father, and I have not the least doubt continued to be so to the day of his death, though my father was much hurt with him at the time. Judge Dougherty's position was simply this : I have no idea that he would ever have come in competition with him so long as my father desired the office and there was any probability of his election ; but Judge Dougherty's friends looked to him as the successor of my father to the judgeship of the Western Circuit, and no doubt he desired it himself. After the decision had been made, Judge Dougherty and his friends (and who were also the friends of my father) became satisfied that his re-election was impossible ; and, as they were unwilling that any other person should occupy the position which had been designed for him, Judge Dougherty was prevailed upon to become the candidate,-not so much to defeat my father as to prevent any other person from stepping in ahead of him.
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