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 3
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Pleased with the opening before him in political life, Maj. Beall gave more attention to the voters of his county than he did to the practice of the law. On questions purely legal, his briefs, though more than respectable, did not do justice to his abilities. Labor was irksome as a habit, and he trusted too much to off-hand inspi- ration to cope with such veterans as Shorter, Torrance, Lamar, S. Rockwell, Prince, Strong, and others of the like class, who often
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measured strength with him. Before the jury Maj. Beall was in his proper clement. He was well acquainted with the human heart, and could touch every passion with the skill of a master. He was self-possessed and dignified in manner, with a vein of satire that scorched, and the faculty of condensation which gave order and force to his arguments. As his mind glowed with the intensity of its own action, some of the most brilliant gems dropped from his lips. Ilis temperament was poctic. The dark, flashing eye, the clear, cultivated voice, rolling its rich cadences upon the ear, the excited passion and daring flight, constituted Maj. Beall, at times, one of the happiest forensic orators. His moods were not always equal. Genius is ever erratic,-sometimes in gloomy abstraction and then elated with its own divinity. The fortunate medium is difficult to attain. The two extremes were signally illustrated in the character of Maj. Beall. His mental and social organization required constant aliment. Hence he was fond of society where he could draw out congenial sentiments and impart his own lofty nature in the contact. The result was that he formed irregular habits from which he suffered both in fortune and in health. IIc became addicted to games of hazard, just as Sheridan and Fox applied themselves to keep their ardent sensibilities from languish- ing in the intervals between labor and repose.
To show the kindness of heart which Maj. Beall possessed, the author makes free to introduce a letter from him, called forth by an application for advice in a course of legal studies :-
MARION, Sept. 21, 1826.
MY DEAR SIR :- I neglected to call at the post-office until yesterday, consequently did not receive your acceptable favor of the 18th inst before that time, to which circumstance I beg you to attribute my delay in answering it.
I am gratified to understand that you intend to devote your leisure hours, assiduously, to the study of law .- not more for the benefit it will be to yourself than the credit, I readily hope and believe, you may be to the profession. I heartily wish you prosperity and cheerfully tender you my assistance to facilitate your progress in the undertaking.
The acquisition of a "practical knowledge of jurisprudence" in this State is not a very laborious undertaking. It may be acquired by assidu- ous application in twelve months, and some have qualified themselves for the practice in a shorter period.
The course of study to be pursued previous to admission, however, is now laid down by our uniform Rules of Court. Accordingly, all appli- cants for admission are examined on the principles of the Common and Statute Laws of England in force in this State; the general principles of Equity; the Constitution of the United States and the State of Georgia ; the Statute Laws of this State and the Rules of Court.
To acquire a competent knowledge of the Common Law of England, I
----
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recommend you to read the Commentaries of Justice Blackstone. There is now a work in press, compiled in conformity with a resolution of our Legislature, embracing all the statutes of England in force in this State.
To qualify yourself for an examination on the principles of Equity, the author most used is "Maddock's Chancery." Fearful, however, it may not be found in any library here, I would next prefer " Harrison" on the same title.
You will make use of "Prince's Digest" in acquiring a knowledge of the statutes of our own State.
This course of study, however, will only qualify you for admission to the bar, without giving you the title of a profound lawyer. As I have told you how you may get the name of a lawyer, I now refer you to the little volume* I loaned you a few days since, which teaches you how you may become one in truth, and a great one. Cordially reciprocating your sentiments of esteem and friendship, I am, &c.,
ROBT. AUGUSTUS BEALL.
Mr. STEPHEN F. MILLER.
N.B .- Do not hesitate to call for any book in our office, and believe every thing I have at your service. BEALL.
The author asks the privilege of recording his own grateful recollections of this timely response to his timid request. With more presumption than judgment, the author, dropping his humbler though safer employments, cast an anxious look at the bar and solaced himself with hopes which his poor abilities never per- mitted him to realize. Still, the retrospect has a mournful plea- sure, even to this very letter. Then, Maj. Beall was a rising star of the first magnitude, popular with the masses and peculiarly fas- cinating in conversation, winning all hearts and extorting universal praise. It was gratifying to the author, then in his twenty-first year, to receive the friendly notice of such a man. Now, after the lapse of thirty years since the letter was written, it is the lot of the humble youth to whom it was addressed to rescue the memory of his warm-hearted friend from the mold of time and to pass it to a new generation.
Previous to his marriage, Maj. Beall was much from home on visits to his parents in Warren county and in attending courts at a distance to which he was called, especially for the defence of per- sons accused of high criminal offences. This was his forte. His pictures of distress, his withering anathemas of oppression, his per- suasive manner and melting eloquence, seldom left the jury at a loss. Their sympathies and reason generally united in acquitting his client.
Besides the courts of his own county, he attended some half-
* Rathby's Letters to a Law Student, dedicated to Lord Loughborough.
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dozen, not, however, with that punctuality and relish for business so essential to the building up of a successful practice. In fact, he could never submit long at a time to the drudgery of his profes- sion. ITis clients often called at his office without an interview, and when they even had the good fortune to see him he would put them off until the last hour and then wholly neglect their business or despatch it hastily, perhaps imperfectly. In this way his papers became confused. He had no regular place for any thing, -kept no private dockets showing the condition of his business. Interro- gatories, notice to produce papers, the ordering of witnesses, and all that sort of preparation necessary in a cause, was too frequently omitted. In term, when the call of the docket roused his atten- tion, he usually had some excuse to offer, which was urged with so much innocence and plausibility that the court indulged him from day to day and often granted him continuances. But, when forced to trial, whether all his testimony was at hand or not, the spirit of the case took full possession of him. From his zeal and readiness a casual observer would be apt to conclude that the dexterous advocate had applied himself with signal industry to office investi- gation.
At this point of his career, Maj. Beall offered an equal partner- ship to the author, which he gladly accepted. This was in No- vember, 1828. Maj. Beall was then recently married, and had just returned from Milledgeville, where he had been defeated for the office of brigadier-general in an election to fill the vacancy caused by the resignation of Gen. Thaddeus G. Holt, who at that session had been restored to the bench from which he had been swept by the political tornado of 1825, so fatal to Troup office- holders, by legislative action. His successful competitor was Gen. Eli Warren, then a Representative from Laurens county, but now a citizen of Houston. IIc was of opinion that injustice had been done to his claims by the Legislature ; for he had a military taste, was well versed in the discipline, and made an admirable figure on horseback at reviews. Indeed, he was as graceful in the saddle as he was elegant in the drawing-room." A clumsy motion or an undignified attitude was never perceived by the author during his ten years' close intimacy with Maj. Beall. He was a splendid reader. Passages from Shakspcare and other dramatic authors were given with all the conception and spirit of the finest trage- dians. He was a great admirer of Cooper ; and imitating no one, but following his own genius, he was the equal of Forrest and Mintready in strong delincation of character, combining the
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inspired energy of Kean, without the stage auxiliaries of either of them.
Well does the author recollect Maj. Beall's reading to a group of friends the celebrated debate between Hayne and Webster, on Foote's resolution in the Senate of the United States, as it came fresh from the reporters in 1830. He belonged to the Carolina school of politics ; and as the champion Hayne flashed his trusty sword under the State-Rights banner, Maj. B. dwelt with, special unction on passages which amounted, as he thought, to demonstra- tion of the doctrine. Then came the majestic roll of Webster's drum. After days of dark weather at sea, a glimpse of the sun was taken and the latitude of the question ascertained. Webster uttered thoughts which electrified the world. Ancient or modern times never furnished the parallel of his speech on that occasion. His dying gaze on the flag of the Union was indeed sublime. The voice, the eye, the excited feelings of Maj. Beall, as he progressed in the reading, and the delight of the listeners, are fresh in the author's memory. The gifted statesmen whose words he repeated in a style of surpassing beauty are now in the grave, and so is the brilliant reader. Let no person start at the association of names, BEALL, HAYNE, WEBSTER; for in this order they left the world, at the ages of thirty-six, forty-eight, and seventy years, ro- spectively.
In depth of sensibility and exalted passion, constituting the soul of genius, Robert Augustus Beall never, perhaps, had a superior, except in Lord Byron. This opinion may, by some, be termed extravagant ; still, the author is candid in its avowal. IIc had full opportunities of analyzing his character in all the phases of fortune and temperament. A high order of genius, other qualities not being equal, is apt to render the possessor unhappy. Sheridan and Byron are noted examples : both singularly imprudent in the com- mon affairs of life, and both died under a cloud,-one in adversity and the other in self-imposed exile, to escape from the horrors of his own mind. To this class of mortals, more to be pitied than condemned, we assign the subject of this memoir. If we exceed justice to the dead, the error at least has no sting.
But to resume our narrative .- In 1830, Gov. Gilmer appointed Maj. Beall one of his aides-de-camp, with the rank of lieutenant- colonel. He continued to appear with Maj. Gen. Wimberly at regi- mental reviews in the division, but in his new capacity as represen- tative of the commander-in-chief. In January, 1832, Col. Beall removed with his family to the city of Macon, and opened a law-
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office in connection with Col. Seymour, now of New Orleans. To discuss more prominently the political questions of the day, in which he felt a warm interest, Col. Beall purchased a share in the Georgia Messenger,-Mr. S. RosE then, as now, and for the last thirty years, still retaining his position as publisher. Acting as principal editor, he espoused nullification with earnestness and ability, sounding the alarm and pointing to the authorized redress of the Virginia and Kentucky resolutions of 1798,-that inexhaust- ible fountain of vague construction which has perplexed so many honest inquirers after political truth. In the mean time the mili- tary aspirations of Col. Beall were gratified by the Legislature in electing him a brigadier-general. The extent of his practice at the bar was perhaps equal to his desire ; for he delighted mainly in politics, and his ample fortune exempted him from the necessity of labor.
A vacancy in Congress having to be filled, the State-Rights party nominated Gen. Beall, and the Union party brought forward Gen. Glascock as his competitor. The vote was then by general ticket and the canvass was warmly conducted, the Union candi- date prevailing by a small majority. Gen. Beall received frequent proofs of confidence from the people of Bibb county. Of the Anti-Tariff Convention in 1882, and the great State-Rights meet- ing, in 1833, at Milledgeville, (the night of the meteoric shower, 13th November,) he was an influential member and acted on the most important committees. As this was a noted meeting at the time, composed of many of the ablest men in Georgia, the author thinks proper to give some of the particulars. The Hon. CHRIS- TOPHER B. STRONG was appointed chairman, and the Hon. N. C. SAYRE and A. B. LONGSTREET acted as secretaries.
On motion of Judge Clayton, it was
Resolved, That a committee of thirteen be appointed by the chairman to propose resolutions expressing the sentiments of the State-Rights party in this State, and report to this meeting at its sitting.
The committee consisted of the following gentlemen, in the order named by the chair :- IIon. A. S. Clayton, Hon. William HI. Craw- ford, Dr. William C. Daniell, Col. Seaborn Jones, Hon. Richard W. Habersham, D. P. Hilhouse, Esq., Col. Samuel Rockwell, A. II. Chappell, Esq., Geo. II. Young, Esq., Gen. Robt. A. Beall, Col. - Newton, Gen. Eli Warren, and Hon. Charles Dougherty.
As a source of information to the younger politicians of the State, as well as to preserve the original Platform itself, the author copies from the official proceedings of the meeting :-
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The committee retired; and, having returned, reported through their chairman the following preamble and resolutions :-
The relations between the Federal and State Governments have assumed a peculiar and intense interest by reason of the events which terminated the deliberations of the last Congress. The long and angry contests which agitated the whole South, and had produced just complaints against the General Government, were brought to a close with its last session ; but they were succeeded (and doubtless for the special purpose of subserv- ing at some future period the very principles they were compelled to abandon) by the enactment of a law equally objectionable and certainly more dangerous to the liberties of the people than their former oppressions, and which, if permitted to endure, will ultimately perpetuate the usurpa- tions which it was professed to be renounced. It is not difficult to per- ceive that allusion is here made to the Proclamation of the President of the United States, and the Force Bill, which was its legitimate conse- quence. The first document instantly revived the doctrines of the Fede- ralists of '98, which had been put down by Mr. Jefferson, at the head of the Republicans; and now, parties are forming everywhere, and particu- larly in our own State, for the avowed purpose of supporting the principles of the Proclamation and Force Bill, thereby insidiously restoring to the Federal party the power which they lost under the elder Adams. To this end they have changed their name to one which is designed to play upon popular feeling ; and, by the force of prejudice alone, they are aiming to re-establish principles which the good sense of the people absolutely rejected in 1801, as tending to the destruction of the Union and rearing upon its ruins a consolidated government. These facts have justly alarmed the friends of liberty in every quarter : and those Republicans who still adhere to the Virginia and Kentucky resolutions, the great moral instru- ments by which Mr. Jefferson effected the overthrow of the Federalists, are rallying to the defence of the Constitution of the United States from North to South by counter-associations, designed to reorganize the old Republican party and to check immediately the growth of the doctrines of the Proclamation, which must inevitably lead to consolidation if not successfully resisted. The object of the present meeting is, First, to con- stitute and form one of those associations for the express purpose of coun- teracting the designs of the Federal party lately reorganized in this State, who, under false colors, are inculeating the doctrine of John Adams in '98, and those of Daniel Webster at the present time; and, Secondly, for the further object of enforcing a systematic opposition to the Proclamation and Force Bill. These last measures have aimed a deadly blow at State Rights, and seem now to require the united and concentrated energies of the friends and advocates of those rights to be directed to this point of attack, deemed so important by our enemies to be carried, and in which, if success should crown their exertions, all that is dear and valuable to freedom will be wrested from the States.
That it may be distinctly understood what are the principles of this association, it will be necessary to show what are the doetrines of the Proclamation, and these are asserted in language which admits of no dispute.
1. It maintains that the States of which this Confederacy is composed never had a separate existence; for from the moment they ceased to be dependent on Great Britain, they formed one nation, and have so con- tinued.
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2. That a State in the exercise of its legitimate powers has not the right to decide upon the constitutionality of an act of Congress, and to protect its citizens from the operation of an unconstitutional act, and to maintain within her limits the authority, rights, and liberties appertaining to a sovereign State.
3. That the States have no right to secede from the Union under any circumstances whatever, inasmuch as secession would DESTROY THE UNITY OF THE NATION.
4. That the people of the twenty-four States constitute one people.
5. That the members of Congress "are all representatives of the United States, not representatives of the particular States from which they come, and that they are not accountable to it for any act done in the perform- unce of their legislative functions."
6. That "the States have not retained their entire sovereignty."
7. That the allegiance of our citizens is due to the United States "in the first instance," and not to their respective States.
'These are the doctrines of the Proclamation, and they have, at the special instance of the President, produced the Force Bill for their com- plete execution. This meeting doth solemnly protest against them, and as solemnly deny their legitimate deduction from the compact which established the Federal Government, and that the association now formed will resist them in every proper manner. To this end they
Resolved, That the present meeting be organized into an association to be denominated " THE STATE-RIGHTS PARTY OF GEORGIA," and recom- mend meetings in all the counties for the purpose of constituting similar associations, to be connected with that which will be formed at Milledge- ville, as the central association.
Resolved, That the doctrines of the Virginia and Kentucky resolutions, as construed and understood by Mr. Jefferson, and triumphantly acted upon in 1825, 6, and 7, in this State, constitute the creed of the State- Rights party of Georgia ; and that, as all such unconstitutional laws are null and void, we will, whenever the proper exigency arises, resist them in any manner the sovereign power of the State may order and direct.
Resolved, That we consider the Force Bill as a glaring infraction of State rights and a gross outrage upon the liberties of the people, and that its continuance upon the statute-book is such an act of usurpation as ought not to be submitted to by free and independent States, and that we will use our exertions to counteract the principles of the Proclamation and to obtain a repeal of said bill.
Resolved, That our Senators and Representatives in Congress be, and they are hereby, earnestly requested to demand an immediate repeal of the act of the last Congress, denominated the Force Bill, as being a pal- pable violation of the rights of the States, and the Federal Constitution.
Which having been read, a motion was made to postpone further action that they might be printed and taken up at a subsequent meeting ; which motion was, by a vote of the meeting, negatived; and, on motion of Judge Clayton, it was
Resolved, That the report be taken up and read by paragraphs.
The report having been read, on motion of Judge Clayton, it was unanimously resolved that said preamble and resolutions be adopted and agreed to.
On motion of Judge Dougherty,
Resolved, That the editors of the States-Right papers in this State be
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requested to publish the foregoing preamble and resolutions, accompanied by the Virginia and Kentucky resolutions, and that a copy of the same be transmitted to each of our Senators and Representatives in Congress.
On motion of Mr. Torrance,
Resolved, That the chairman of this meeting appoint a committee of thirteen, to be styled The Central Committee of the State-Rights Associa- tion of Georgia, to correspond with such associations in support of State Rights as have been, or may be, organized in the several counties of Georgia.
The chairman appointed the following gentlemen :- Wm. H. Torrance, David B. Mitchell, Joel Crawford, John II. Howard, Randall Jones, Samuel Boykin, L. Q. C. Lamar, Seaton Grantland, Irby Hudson, Samuel Rockwell, N. C. Sayre, Dr. Win. Greene, and John Williams, Esqs.
On motion of Judge Clayton,
Resolved, That as a means of extending among the people an accurate knowledge of our principles, this meeting will patronize the paper called The Examiner, published by Condy Raguet, in the city of Philadelphia, and recommend to all the associations that may be formed in the several counties to do the same, and that those who may be disposed to subscribe for said paper apply to either of the secretaries of this meeting now or at a future period for that purpose.
With the revolution of parties in Georgia since 1833 the author has nothing to do and expresses no opinion. He has introduced this fragment as a part of the history of the times and for no other object.
By proclamation of Gov. Gilmer, the Legislature convened on the 18th day of October, 1830, to dispose of the Cherokee lands. Gen. Bcall was a representative from the county of Twiggs, with Robert Hodges and Larkin Griffin his colleagues. The business of the session was urgent and complicated. Many questions arose and were discussed with marked ability. To glance at them in detail, and at the speakers who participated, would require more space than could be properly allowed in this work. Among the gentlemen prominent on the floor of the House were John II. Howard, C. J. McDonald, A. IIull, C. Dougherty, Thos. Haynes, Thos. W. Murray, Wiley Williams, Geo. H. Young, Irby Hudson, Wm. Turner, Wm. Schley, C. J. Jenkins, E. J. Black, Geo. W.Towns, and Dennis L. Ryan,-presenting an array of talent which would do credit to any legislative body.
Party strife rose high. The old distinctions of Troup and Clark were gradually wearing down in the grave issue as to the power of the Federal Government. The Senate adopted a set of resolutions on this subject, and also laudatory of President Jackson, which were sent to the House for concurrence. Gen. Beall offered a substitute in the following words, after reciting the Protest of the Legislature in 1828 against the Tariff :-
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Be it therefore resolved, &c., That the State of Georgia, influenced by a sense of forbearance and respect for the opinions of the other States, and by community of attachment to the Union, so far as the same may be consistent with self-preservation and a determined purpose to preserve the purity of our republican institutions, having, in her sovereign charac- ter, protested against the Tariff, and, by inference, against its dependent measure, "internal improvement," as being an infraction of the sacred boud of our Union, demanded its repeal, and in perpetual testimony thereof deposited that protest and demand in the archives of the Senate of the United States, cannot now, adhering firmly and unalterably as she docs to the declaration contained in that instrument, descend, without compromitting her honor and dignity as a sovereign and independent State, to the measures of memorial and remonstrance, which having been patiently resorted to for years were utterly disregarded ; - thus compelling her, in justification of her character to the present generation and to pos- terity, reluctantly to adopt the measure hereinbefore recited.
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