USA > Georgia > The bench and bar of Georgia: memoirs and sketches. With an appendix, containing a court roll from 1790-1857, etc., volume II > Part 30
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The author considers it his duty, while performing an act of justice to the good qualities of Mr. Reid, also to notice an irregularity which grieved his friends, impaired his usefulness, and hastened his death. In his convivial associations he acquired a taste for wine, which easily led to stronger drink. At this period, before the habit had become so fixed as to defy all hope of reform, Mr. Reid had a love- affair, it is said, which resulted contrary to his desires. The fault, perhaps, was not with the young lady on whom he had placed his affections, but with some of her relatives. Of this, however, no particulars have been furnished the author; and, even had they been at his command, he would decline introducing them in this memoir. The fact he feels at liberty to 'state, however, that the disappointment had a very unhappy effect upon Mr. Reid's mind. He regarded it as a death-blow to his felicity, and committed the error of flying to the bottle for relief, with an avowed resolution of ending his troubles at the sacrifice of his life. Although he attended to his law-office and went through the usual routine of his profession, yet his lofty nature had stooped to intemperance, and his fate was written. He died at the house of his mother, in Monroe county, July 23, 1839, in the thirty-seventh year of his age.
Thus passed away, in the meridian of life, a man of intellect, education, and rare gifts of eloquence. He fell a victim, became Jost to himself, to his kindred, to his country; and may his pre-
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mature death impress all young men who may ponder it with wis- dom and firmness to avoid the snare which deceived and ruined so much genius and worth !
XXVII.
ROBERT RUTHERFORD.
HIS father, Col. John Rutherford, was a soldier of the Revolu- tionary War, removed from South Carolina in 1783, and settled in Wilkes county, Georgia. At different periods he was surveyor of the public lands, justice of the County Court, member of the Le- gislature, and Elector of President and Vice-President of the United States. Until 1784, the Ogeechee River was the Indian frontier. In his capacity of surveyor, he was much engaged in exploring the country between the Ogeechee and Oconee Rivers. When the In- dian troubles became somewhat quieted in 1790, he removed to Washington county, and settled near Sandersville, where the first Latin and Greek school in all that region was opened by Mr. John Hamilton Posey as tutor, under the patronage of Col. Rutherford.
ROBERT was born April -, 1786, in what was then Wilkes, now Warren county. In 1799, he entered the school of Mr. Posey, with whom he remained three years ; and then, March 4, 1802, with his elder brother, Williams Rutherford, (who is still living, June, 1857,) he became a student of Franklin College, under that eminent scholar, Josiah Meigs, the first President of that institu- tion. The two brothers increased the college-roll to half a dozen. About six months afterward, the first class organized, consisting of twenty, including the brothers Rutherford, two sons of Gov. Irwin, two sons of Gov. Jackson, William W. Williamson, Gibson Clark, Gen. Jeptha Harris, and the late Judge Clayton, all of whom, with the exception of Williams Rutherford, graduated in 1804. During the college-life of this class the "Demosthenian Society" was formed, of which Robert Rutherford became a member.
Shortly after graduation, he commenced reading law in the office of Judge Skrine, at Sandersville, where he remained a year or two, and then, in the spring of 1806, went to the law-school of Judge . Reeve at Litchfield, Connecticut. In 1807, he returned, was ad- mitted to the practice of the law, and established himself perma- nently in Milledgeville. Here, in 1808, the happiest event of his
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life transpired,-his marriage with the reigning belle of the day, the beautiful Miss Elizabeth Howard. Now began that prosperous career which never faltered to the end of his life. His frame was made for endurance, toil, and activity. He was the pioneer lawyer of the frontier-circuits, grappling with all difficulties, and driving his conquests over all adversaries by a bold, manly competition which despised artifice of any kind. He would not have success by unfair methods. Himself open, direct, courageous, it was easy to get along with him in a similar way ; but he maintained a reso- lute stand against all duplicity or evasion in an opponent. He re- pudiated all fellowship with tricksters, in the profession or out of it.
The qualities of Mr. Rutherford when a boy were peculiar, pointing to that manhood which became extraordinary. The author has before him an original letter from Williams Rutherford, Esquire, to Major Joel Crawford, drawn out for this memoir, in which the writer says :-
Robert Rutherford was remarkable in many respects. He manifested in boyhood such a readiness of thought and action, without any seeming concern on the subject before him, that his father resolved to give him all the possible advantages of education. His father, however, was discou- raged and out of patience with his frolics, his playful habits, even while he was at the Latin school. He was never studious or attentive to any thing. I heard our father declare to our mother (when noticing some of his scenes with other idle lads) that " he would be willing to see him drop down dead; for that all his endeavors to make a man of him would be in vain." Nothing but the reasonable passing off and comparing with his classmates at examinations, in spite of Robert's total want of attention to his studies, determined (I am sure) a rigid and stern father still to perse- vere and send Robert to college. I have heard our father remark that it was truly astonishing how he could recite so well, and that, under the circumstances, there was something to encourage.
He was sent to college, and by slow degrees, in the Junior year, his frolicsome term (he was never vicious) seemed to abate, when his after- character for determination, indomitable courage, and firmness became manifest, with a degree of attention to the finishing of his college-studies altogether new and remarkable, first perceived in his correspondence with his immediate family and friends. That carelessness of his person, fearing no injury to it, shunning no danger, when a boy, seemed to have matured in manhood to the most daring yet unostentatious courage belonging to the human family. I must say of him that, had I a dangerous attack to make, and unknown hazards to meet, I would have selected Robert Rutherford as a right-hand man before any one else with whom I ever was acquainted. Robert may be said to have had the rare talent of ma- naging to advantage many " irons in the fire" at the same time. He cer- tainly could get quicker out of one sort of business, and be wholly absorbed in another in less time, than any one of his day. That same quickness of thought and that talent enabled him to serve himself and more friends at the same time than anybody else. Here I will relate an anecdote of him, or incident, perhaps in your recollection. I will give to you the
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names of the parties concerned. I mention the circumstance as a proof of his ready turn and useful bravery to preserve both himself and his friend.
It was during your practising law together when, at the commencement of a session of the Legislature, Seaborn Jones, for some cause, was induced to challenge Gen. John Scott. Robert* may have borne the challenge. Scott answered, pretty promptly, that he would give him satisfaction with broad-swords ! Jones, a small man, complained to Robert, that Scott, a tall and strong man, had chosen swords; that it was not fair. Jones said, moreover, that he had been shoulder-stiffed, &c. Robert said to him, " I will relieve you." He found Scott in the lobby, and, taking him aside, said to him, " Gen. Scott, you must fight Jones with pistols or adopt me as the swordsman." Scott flounced, and declared he had no quarrel with him, (Rutherford,) and he should only fight Jones; that he had given him the weapons, &c. Rutherford left him by saying he would only give him one short hour to make his election which he would fight ; and it is a fact, in that same short hour, that Scott procured a "court of honor," (Col. Edward F. Tatnall, then with his arm in a sling from just fighting a duel, was one of them,-all, I think, of the Legislature,) who got the parties together, or heard them, and settled the difficulty without the broad-sword fight so alarming to Jones.
My bright recollection of my brother's virtues and estimable character has induced me to say so much; and your own knowledge of the man will decide whether I have written with any bias,-all of which I submit to be used as your judgment may direct.
From a gentleman well known to the people of Georgia, who has served them in Congress and is now a successful cultivator of the soil, (Major Joel Crawford, of Early county,) the author re- ceived, in January, 1851, a communication furnishing particulars about Mr. Rutherford and closing as follows :-
In the fall of 1822, whilst attending the courts of Pulaski and Twiggs, he was unavoidably exposed to the malaria of that insalubrious region, and, before reaching home, experienced symptoms of remittent fever. The ma- lady baffled the best medical skill of the neighborhood, and within a few days his highly active and useful life was brought to an untimely end. The death of few men could have occasioned deeper or more widely-spread grief. No man ever had sincerer friends ; no man better deserved to have them. Wholly destitute of ostentation, he combined in both the moral and physical man almost every quality which an honorable friend could admire and love. Punctiliously fair in all his business-transactions, scorning those contemptible shifts and prevarications on which folly and weakness are so prone to rely, he sought wealth and fame by no other means than honest industry, of which his brief life was one continued and brilliant example. Mr. Rutherford's kindness of heart and high-toned probity were acknowledged by all who knew him; his generosity and courage were never questioned.
Robert Rutherford was an American republican of the Jeffersonian school. He had implicit faith in the capacity of his own countrymen for self-govern- ment, and enjoyed among them a popular favor which an ambitious man would have prized most highly. But he never sought office, nor would he
* He was brother-in-law to Col. Jones, they having married sisters.
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permit his name to go out as a candidate,-though no citizen took a more decided part in pending elections, or rejoiced more at the success of a favorite ticket.
The memory of Robert Rutherford is still fondly cherished,- his high qualities and professional zeal recounted by the old citi- zens as an example to young men who thirst for distinction in the same path. It was truly a public misfortune that he died so early,-in his thirty-seventh year,-an age which seems to be fatal to men of rare gifts. Burns, Byron, and our own Lamar sunk thus prematurely into their graves.
XXVIII.
ELI S. SHORTER.
AMONG the proud intellects of Georgia at any period of her history, none was more commanding, none more transparent, none more vigorous and subtle in analysis, than that of the Hon. ELI S. SHORTER. He was indeed a man of a century. With blemishes and attractions of extreme degree, his character was a sort of "armed neutrality," that conquered rather by the exhibition of strength than by actual conflict requiring all his powers. He lived and died without a knowledge of his gifts. True, on many occasions he rose to an antagonism absolutely overwhelming on legal subjects where pure reasoning was to prevail. The author has witnessed efforts of this description, and remembers distinctly a trial of strength with the late Judge LAMAR, in Twiggs Superior Court, where the essentials of a deed to fulfil a condition precedent as to lawful title were drawn in issue on a bond. The two advocates were both at the very head of the profession,-both deeply learned in the law, astute, ambitious,-with pride of character to stimulate their energies to the utmost. They met with mature briefs. After a couple of hours in argumentation, earnest, logical, and apparently of equal force, Judge Lamar courteously admitted that his opposing brother was not to be vanquished,-that there was a mysterious faculty of recuperation in him which defied all attacks to the right, left, or centre ; that, when beset with difficulties most appalling to another, he would appear in new shapes, with sword in hand, sever- ing the cords with which his adversary had bound him. It was a
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pleasant scene: both gathered laurels ; but which was victor is not now remembered after a lapse of more than twenty years.
This method of presenting his subjects full grown in the first paragraph is not the usual course of the author. The gentleman whose abilities and career are now to be enlarged upon has been made an exception, because the first idea impressed by his name expands into homage for a mind which never reached the summit of its capability, because it was diverted from the congenial path of forensic glory and made the drudge of a mistaken though gene- rous spirit of accumulation in its latest efforts. For this fault-no less a misfortune to the public than to himself-a very natural excuse may be urged. He set out in life poor and friendless, as will be seen in this memoir ; and no doubt his manly sensibilities often bled at the indifference with which portionless young men are received by the world. He then resolved, in the spirit of a hero, to work his way up and stand on a level with the haughty superiors who had slighted his claims to respect and patronage because of his poverty.
Having said thus much, the early life of Judge Shorter, his struggles and prosperity, as they occurred, will be shown in a letter which the author received from the late Gen. REUBEN C. SHORTER, his only brother. The grave invests such communica- tions with a sanctity which in the present case forbids abridgment, though it was not intended for publication, and part of it was no doubt confidential, especially where the general speaks of his own situation and the aid he afforded his brother ELI at the beginning. It is a good letter, and will repay an attentive perusal :-
EUFAULA, ALA., 5th September, 1851.
DEAR SIR :- Your kind favor of the 23d ult. has been received, and I proceed to answer your inquiries relative to my lamented brother, Eli Sims Shorter, as well as I can.
When (in December, 1836) he died, I was on the road with my family moving from Monticello, in Georgia, to this place. The numerous letters which I had received from time to time were left behind when I moved, and fear that they have been destroyed or mislaid. I will inquire for them, and, if I procure any which I think may be of use to you, will forward them with pleasure. I expect to go to the Agricultural Fair at Macon in October, and shall go via Oglethorpe; and, should I be able to collect any information of importance more than I now communicate, I will take it with me and forward it to you, should I not have the pleasure of seeing you in Macon.
My only brother, Eli Sims Shorter, was born in the State of Georgia, and, I think, in 1792, which made him about forty-four or forty-five at the time of his death. I have sent your letter to his son, R. C. Shorter, of Columbus, and requested him and his mother to give you the date of his birth if they can.
My brother and myself were left orphans, losing both our parents when
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he was about five and I about eleven years of age; and neither of us inherited one cent of property. I, being the oldest, got a limited edu- cation, by hard work and close study; and, in 1809, I commenced the practice of medicine, having attended lectures in the Medical University of Pennsylvania, in Philadelphia, in the winter of 1808-09, after having read medicine about two years in Washington, Georgia. Being successful in my profession, I was able, and sent my brother to school in 1809, 1810, and part of 1811. The last school to which he went was the Meson Academy in Lexington, Oglethorpe county, where he acquired a good English education and read the common Latin books, but knew nothing of the Greek language.
In 1811, he quit school and commenced reading law in my medical office in Monticello. I purchased him the necessary books to read, and he was directed in his studies by William Cook, Esq., an attorney of that place. Being fully sensible of the necessity of close and persevering study, he lost no time in idleness ; and, possessing uncommon powers of mind, he progressed so rapidly in his studies that in February, 1812,-about seven months after he commenced reading law,-he was admitted to prac- tise law by the court held at that time in Monticello. In the latter part of the same month he removed to Dublin, Laurens county. By his energy and talents he very soon succeeded in getting a lucrative practice ; and, when he removed to Eatonton, his qualifications and his success in his profession secured him a good practice throughout his circuit. I am not certain when he moved to Eatonton ; but that information you can procure from Dr. Joel Branham and William Turner, Esq., of that place, to whom I recommend you to forward your circular, and they will, I hope, give you valuable information ; and they can inform you when he was first elected to the Legislature. He married Miss Sophia H. Watkins, of Elbert county, (a sister of Mrs. Stephen W. Harris,) in June, 1817.
After he had been living in Eatonton a few years, there was a great pressure in monetary matters, and numerous suits were commenced for the collection of money; and I recollect receiving a letter from my brother at the close of return-day to the court, in which he stated that within the last month he had brought about four hundred and twenty cases to the next court in Putnam county, in which his fees would be worth more than seven thousand dollars,-tax-fees not included; and at that time the attorney's tax-fee was four dollars in each case. He closed that letter by saying, " May I have a long life of such months !" Should I find that letter, I will forward it to you.
I would advise you to write to Rev. L. Pierce, Dr. Thos. Hoxey, and H. S. Smith, Esq., of Columbus, and send them your printed notice, and I hope they will give you valuable information, &c.
Should I see you on my visit to Macon the last of next month, it will give me great pleasure to have a free and private conversation with you, in which I could give you some important information relative to the benevolence and goodness of heart which my dear brother possessed, (which I have not time to write,) from which you would collect particu- lars to further your object.
I am now in my sixty-seventh year of age; and I am sensible that in writing I am, like most other old men, too prolix to be interesting,-which error you will please excuse and attribute it to the proper cause.
I am not only gratified but rejoiced that you have undertaken to give to the public such a history of distinguished jurists of Georgia as your plan contemplates.
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My brother was always a warm friend of deserving young men just. entering upon the duties and labors of life, in aiding them by his counsels, and money too, if needed. Many distinguished men now in Georgia remember my brother with gratitude. If you have not written Judge Warner, please do so; he will be able to give you much relative to my brother.
Wishing you happiness and prosperity in all your efforts, I am, very sincerely, your obedient servant,
REUBEN C. SHORTER, Sr.
The fortunes of Judge Shorter are now upward,-more than eight thousand dollars in fees at one term of the court, as will appear by the foregoing letter, adding the amount of tax-fees, and perhaps half that sum for many years together at his own door, besides his circuit-practice. Such prosperity was enhanced by his. success in political life about the same period, as a Representative in the Legislature from Putnam county,-a post he continued to occupy just so long as it suited him. In 1822, he was elected Judge of the Superior Courts of the Flint circuit, and presided at the first term ever held in the city of Macon, in March, 1823 .* In 1825, he was succeeded by Judge McDonald. Judge Shorter resumed the practice of the law with his former success, and visited new courts, even as far south as Pulaski county. His partner was the late Charles P. Gordon, with whom he continued probably until his removal to Columbus, where the judge found ample scope for his financial abilities as the first President of the Farmers' Bank of Chattahoochee. About this time the Indian reserves of land in East Alabama excited speculation, and several companies were formed by men of capital to buy up those rights extensively. Judge Shorter was in the movement, and acted a leading part. Some of his letters on the subject, urging his agents to activity, were afterward published by his enemies, who became such, probably, from his having occupied the field to their exclusion or in some way interfered with their plans. Or it may be more just to say that the letters were laid before the public by connivance of agents who had been directed by the United States Government to protect the Indians from imposition and fraud. At all events, some incautious and, it must be confessed, some very imprudent expres- sions were used, which were turned against Judge Shorter and made him appear as boldly unscrupulous in his efforts to obtain land from the Indians .; He bought largely,-probably invested fifty thousand dollars, more or less : the precise sum is not ma-
* White's Historical Collections, p. 272.
+ This matter was referred to by Gen. Cass in the U. S. Senate, May 19, 1852. See Appendix to Congressional Globe, vol. xxv. p. 596.
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terial, and none is pretended to be given. The lands have since more than quadrupled in value, forming a productive and densely- populated region of Alabama; but it is believed the companies did not realize any extraordinary profits, after deducting expenses. About the most critical period in these adventures, Judge Shorter died, leaving his estate, large as it was, considerably embarrassed.
The fact of such speculations is here mentioned as necessary to truth. Persons at a distance not acquainted with Judge Shorter, or ignorant of his many noble qualities, were apt to regard his character with an eye of prejudice. The author knows this to be so, as he was residing in the western part of Alabama when the letters referred to were made the subject of reproach. Now that he has gone to his final account,-and so has Col. John B. Hogan, of Mobile, the United States Agent who caused the letters to be published with no gentle commentary,-it is fair to say that Judge Shorter was entirely above fraud in his transactions. It may be that he saw the incompetency of the Indians to sell their lands to advantage, or even to understand what a sale meant, and that other men were improving the opportunities of gain, while money, little or much, was of no real benefit to the Indians,-when Judge Shorter stepped into the arena for his share of the spoils, paying as high prices as any, and using no worse methods. In this light, with neither praise nor censure, let his memory be held touching these land-operations. Even the illustrious Patrick Henry is said to have participated "in the profits of the Yazoo trade,"* as did many other honest men.
It is not to be disguised that Judge Shorter made wealth a principal object. He declared that it was a "noble pursuit," and eagerly did he engage in the struggle for it. He knew it gave power, for Blackstone so taught him. Besides, he insisted that comfort was desirable, and could be had in perfection only from wealth. Whatever his ideas or feelings on the subject, he was certainly a good manager of his finances,-never grovelling, always generous. His income was large; he valued his services high, and suitors were glad to procure them at any figure. Success generally crowned his efforts at the bar; and the prestige of his name authorized big fees.
In the midst of his professional harvest, reaping fortune and fame abundantly, he cast his eye again on the bench and became a candidate for Judge of the Ocmulgee circuit at the session of 1828, when he was opposed by the Hon. Thomas W. Cobb, who
* Wirt's Life of Henry, p. 419.
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resigned his seat in the Senate of the United States with a view to the same judicial office. Both these gentlemen were popular with the Troup party, which had the ascendency that year, and each exerted himself to gain the prize. No instance can be men- tioned where intellect and address in competitors were so nearly equal,-of the highest order. The contest was between two giants. The author was at Milledgeville, and it was the only time he ever saw Judge Cobb, who was indeed an extraordinary man and a most delightful companion. Judge Shorter was elected by one hundred and twenty-four against sixty-one,-more than double. But the victory was succeeded by a sudden downfall.
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