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 38
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WILLIAM H. TORRANCE.
counsel for the prosecution in committee; and, after the report was made adverse to the judge, he was also heard at the bar of the House in support of the charges. The late Gen. Robert A. Beall and Col. Samuel Rockwell were counsel for the accused. The address to the Governor for the removal of the judge was carried by a majority of two-thirds in the House, but failed for the want of a constitutional majority (two-thirds) in the Senate.
To show the kindness of heart and the liberality evinced by Mr. Torrance toward junior members of the bar, the author sub- mits a letter, which, as containing a list of books proper for a new library, may be of service to some of his young friends :-
MILLEDGEVILLE, 16th June, 1829.
DEAR SIR :- Your kind letter of the 12th inst. came to hand this morning. I hold my information, or such as I may be able to give at any time, as public property for my juniors in the profession; and so I deem it should be with the more aged and experienced : but how sadly I have witnessed to the contrary ! Some I do know who strive to keep the newly-initiated in the gloom of ignorance,-as though the science did not comprehend more than they all could master.
Annexed I give you a list of such books as are of the most practical importance. It contains about one hundred and four volumes. They should be purchased-if at the same time and place-for about four hundred dollars. Should you send the cash to Philadelphia or New York, intrusted to a judicious purchaser, they can be bought for less. In Sa- vannah you would be charged more.
I have given you such of the English Common-Law Reports as are con- sidered best in Westminster, Paris, Weimar, and Washington. Saunders is of high value. Burrows, Cowper, Douglass, and the opening of term reports (alias Durnford and East) contain the judgments and opinions of that greatest of all great lawyers, Mr. Murray, Lord Mansfield. For about thirty-two years he presided as Chief-Justice, sworn into office 8th November, 1756, resigned June, 1788, succeeded by Lloyd, Lord Kenyon, 9th June, 1788. Lord Mansfield preferred Buller. Buller was from the plebeian ranks. Lloyd was then Master of the Rolls, and from patrician loins. Nevertheless, he made a great judge. From '88 to 1802 Lord Kenyon presided as Chief-Justice. In 1802, at the Easter Term, he was succeeded by a greater man, his majesty's attorney-general, Sir Edward Law, (brother of a celebrated lawyer of that name formerly of Washington City.) On the 12th April, 1802, Sir Edward was sworn into office and took his seat on the bench. The motto on his ring was " Positis mites curet secula bellis." That term the attorney-general (Law) was succeeded by that learned but despotic man, Spencer Percival, who was afterwards assas- sinated on his debouch from the House of Commons. Sir Edward Law was granted the title of Lord Ellenborough. He continued until Michael- mas Term, 1818, and was succeeded by Sir Charles Abbott, who was not equal to his predecessor. He did not remain long.
If you can add Vesey, Junior, (20 vols., Chancery,) and Johnson's Chancery Cases, 7 vols., do so.
Your friend,
WILLIAM H. TORRANCE.
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BENCH AND BAR OF GEORGIA.
COMMON LAW.
COMMON LAW, (CONTINUED. )
3 vols. Chitty's Pleadings. 2 66 Criminal Law. 3
1
" Toller's Law of Executors.
Starkie on Evidence.
1
66
66 on Bills.
1 Sugden on Vendors
37
1 Long on Sales.
1 Roberts on Frauds.
1 Fraudulent Convey- ances.
2
" Roberts on Wills.
2 Livermore on Agency.
2 Tidd's Practice.
2 Practical Forms.
1
Gow on Partnership.
2 Comyn on Contracts.
1 Holt on Libel.
1 Starkie on Slander.
1
Montagu on Lien.
1
Adams on Ejectment.
1 Bingham on Judgments. 1 on Infancy.
1 Ord on Usury.
1 Ballentine on Limitations.
1 Law of Carriers.
1
" Jones on Bailment.
1 Highmore on Lunacy.
" Reeves' Domestic Relations. 67 vols. 1
EQUITY. 2 vols. Fonblanque's Equity.
2
Maddox's Chancery.
1 Black's Chancery.
1 Mitford's Pleading.
1 Eden on Injunctions.
1 Beames' Pleas.
1 Beames on Ne exit.
2 Harrison's Chancery, (new edition.)
ENGLISH COMMON-LAW REPORTS.
3 vols. Saunders' Reports. 5 " Burrows' Reports.
2
" Cowpers' Reports.
2 Douglass' Reports.
8 Durnford and East.
16
" East.
AMERICAN COMMON-LAW REPORTS. 20 vols. Johnson's.
As a companion to the foregoing letter, and intended to supply the list with works which had been accidentally omitted, this letter is also given :-
MILLEDGEVILLE, 16th June, 1829, (in the evening.)
DEAR SIR :- I closed your letter this morning in haste : upon reflection, I have thought proper to suggest something else.
If your means afford the expense, purchase Rutherforth's Institutes, (4 vols.,) Cooper's Justinian, (1 vol.,) and forget not the Code Napoleon. If you wish a brief but comprehensive treatise upon constitutional law, seek to procure Wilde on the Alleviating-Law. It contains more than any one volume extant ; though some of our ex and would-be judges pro- nounce it a mere school-boy's folly,-as if they were capable of determining rightly upon its merits. It is so far beyond their comprehension that they hear it read with the same senseless emotion as you might read Chateaubriand or Tom Jones at the ruins of the Adelphi.
There are many other reports, besides some elementary works of value, that I have not named, for the reason that, when added to the others, they would amount to a sum considerably beyond the prescribed limits. Your reading and practice will furnish you with the means of knowing them and becoming acquainted with their standing.
I have satisfied myself upon the case of Paulett vs. Hall, in Thomas. The case is clear for the defendant. Judge Early's opinion (when you hear the facts) is in our favor. I have found a case thus strong : A sold
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land in Middlesex (England) to which he had no title, the title then being in the crown. An act of Parliament was, subsequent to the act of sale, passed, by which he procured the title ; and even a court of equity held the vendee bound. The authorities are abundant. Yours, WILLIAM H. TORRANCE.
Another letter written to the author is subjoined, which shows the humor and learning indulged at particular 'seasons hereafter referred to :-
MILLEDGEVILLE, February 9, 1830.
MY DEAR SIR :- By-the-by, writing the name of this month according to common parlance reminds me that it is so called from the Februa, sup- posed by some to be the same person as Juno; and the evident relation between the Februata Juno and the Purificato Virgo Maria is one among the most striking instances of the connection between Pagan and Christian rites. Ovid says,-
Februa Romani dixere priamini patres Nunc quoque," &c. &c.
The Primula Verna buds now.
You may remember the history of the Scotchman Dugald McNevin, who wrote, on this morning one hundred and sixty years ago,-
" By murmuring Neth, my native stream, I've hail'd thee with the morning beam," &c.
Sir Tom Brown, on Candlemas-day a century since, prophesied this late cold weather, for he wrote a short distich :-
"Si sol splendescat Maria purificante, Major erit glacies post festum quam fuit ante."
I am reminded by the time that the period is at hand for nature to begin to prepare for her revivification. The Lord, as the Psalmist expresses it, now renews the face of the earth. Animate and inanimate nature seem to vie with each other in opening the way to spring. At this season in the Indies the wood-lark is heard : he is a sweet songster. Rooks begin to pair in England ; the thrush is seen gambolling on the boughs ; the house pigeons have young; field-crickets open their holes ; at the stillness of three in the morning the hoot of the gray-eyed owl is heard. The Luper- calia is at hand ; and who is to write such another philippic as Cicero did vs. Anthony, alias Antony, for running about with his clothes disordered,- Solin, or approximate, you know, as described by those ignoble bipeds inhabiting the banks of the Po and the Tiber a few ten hundred years ago, sufficiently denoted what we have seen to have prepared for it in time.
The memorable account of the spectre which haunted the late Lord Littleton, which foretold the hour of his death,-the story of Mrs. Veal, and the warning voice to Quarreus, -might have served me as a beacon. The remarkable phenomenon called second sight and fetches is of no earthly use to the decedent. Alas ! he knew it too late.
My dear sir, all these matters bring forcibly to my recollection the loss of my papers. The original draft marked with blood-ink, and the manifest
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of the good ship the Emperor, outward bound from Sandy Hook to Cockspur Inlet, on board of which was the barouche,* are gone, I fear, irretrievably.
That was an unfortunate ship; and it seems that so is all that in any wise touched or concerned the same. My draft, shipping-list, lost; therefore my evidence gone,-not for a term in law, but for all time. The ship, captain, and crew have met Gloster's fate : they have gone below, amidst a thousand fearful wrecks, with millions of men that fishes have gnawed upon, midst wedges of gold, great anchors, and heaps of pearl, all scattered in the bottom of the sea. Why had not the Government better establish a mint there than in Cabarras county, N.C .? If so, then I could obtain depositions furnishing me with evidence of my draft and shipping-docu- ment. Otherwise, the case is hors de combat. If the papers are to be found, do spare no pains to get them.
Saffoldt is appointed judge. Who would not prefer his friend to his adversary ? Yea, if he was Solomon.
Your friend, WILLIAM H. TORRANCE.
It seemed to afford him relief to write, talk, and act with extravagant buoyancy at certain times. After severe preparation in a cause, or other drain on his faculties, he would recover his elasticity by some innocent and diverting freak. On the circuit, he has been known to assemble the members of the bar in his room, and recite, with tragic solemnity, some wild poem or tale of super- stition. At a late hour of the night he would light up the court- house, appoint a mock sheriff and clerk, and have loud proclama- tion made that "The Honorable Court of Madagascar, with uni- versal jurisdiction, now sits. Silence is enjoined to the ends of the earth. Persons injured in body or estate may obtain speedy redress in this court."
He would then order the members of the bar to be called; and, if they failed to appear, his sheriff was commanded to bring them into court. Often have their slumbers been interrupted by the officer of the "Madagascar" judge, who would take no excuse. He usually presided in state, with a rich Mexican robe, that cost fifty dollars, over his shoulders. With native dignity becoming the ermine, he would sound a case from the docket :- " Republic of the Moon vs. Job Nicodemus Pilgarlic, for stealing thunder. Is the defendant ready for trial ? He must be ready, as no continu- ances are granted in this court. Select the jury : the jury is always selected. Mr. witness, if you tell the truth you will be instantly sent to prison for contempt of court. What do you know? That is enough : stand aside. Gentlemen of the jury, you have
* Ordered by the late Dr. A. B. Ridley, through Messrs. Stiles & Fannin, of Savannah.
+ In place of the Hon. Thomas W. Cobb, deceased.
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WILLIAM H. TORRANCE.
heard the indictment and the proof,-that is, you can imagine both : now retire, and exercise your discretion. This court never inter- feres ; but, if you acquit the prisoner, each of you shall be hanged immediately. Gentlemen of the bar, if you desire reputation in this court, roar like lions and sing Yankee Doodle. The court will pitch the tune. Mr. Sheriff, break the stillness of midnight by informing mankind, at the top of your lungs, that this honor- able court is adjourned to the Cape of Good Hope and will sit in Madagascar. Come, fellows, behave. Do not disturb this quiet and peaceful village nor the sleep of the children. Let us go home like good citizens, and retire early to rest."
The whole of this exhibition was grave and decorous. Mr. Torrance, arrayed in his ample Mexican robe, his tall and grace- ful figure commanding attention, his clear and authoritative voice conveying the idea of power, made an impression far more respect- ful than that usually felt in other courts. He would have made a splendid judge. His learning in the law was profound ; but he was too modest even to seek office. The Legislature of Georgia has never been in the habit of conferring judicial trusts without the knowledge and solicitation of the recipient. Only one instance to the contrary is remembered,-that of the Hon. Charles J. McDonald, who at the session of 1855-56 was elected Judge of the Supreme Court; and it required great persuasion afterward to induce him to accept the office,-a circumstance which is alike honorable to both parties.
As an advocate, Mr. Torrance was calm and self-possessed. His arguments flowed easily, on a solid basis of reasoning. He indulged in no rant or vapid declamation. Occasionally a flourish of rhetoric or a sparkling gem of poetry would appear with happy effect in his speeches to the jury. His enunciation was distinct and very deliberate. Every word had the right sound and the right meaning. He was familiar with technical phrases and with the forms of King's Bench, with which he would frequently illustrate some principle of law,-some obsolete proceeding, not usually recognised, yet throwing light by its origin. He would refer, without notes, to cases in the oldest reports, and state the questions involved, giving the principal facts, with the names of counsel and the judges who delivered the opinion. His very in- tellect, as he poured forth his treasures of ancient law, seemed to revel with the spirits of Coke, Bacon, Finch, Hale, and other venerable masters of the law. The quaint phrases of that school dropped gracefully from his lips. He felt its inspiration ; and the
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energies of his mind were stirred by its strength and simplicity. Often would he pursue the strain to give force to his own thoughts.
Mr. Torrance had been suspected of vanity in thus displaying his knowledge of the dusty oracles of the law; but the reproach was unmerited. It was impossible for him to talk on legal subjects without incidentally tracing certain maxims and principles to their source,-to the very occasions and facts in history which called them forth. His mind had dwelt so long and so intensely on this era of jurisprudence, with the vigor and brevity of its logic, that it was fully imbued with its images. The whole feudal system was a landscape, in which he recognised every castle, landlord, and tenant. Where and how he acquired this vast store of information, especially as his early schooling was defective, it is difficult to ex- plain. The only solution is that he was patient and laborious in his studies, and that nature had given him a robust constitution to bear up under the exhausting process. Suffice it to say, he possessed a treasure which never fell within the grasp of indolence or stupidity.
Such was William H. Torrance during the last ten years of his life, among the leaders of his profession. He had the additional merit of being kind and generous in his dealings with the world, and was particularly fond of helping young men forward at the bar. He would not only advise, but assist in their cases, if neces- sary. His law-office was usually filled with students, from whom he never accepted any compensation whatever. Many lawyers now gathering wealth and fame are indebted to his friendly aid for success. His person was of the noblest model, six feet high, well proportioned, and his address very engaging. The sympathies of his nature forbade cruelty to any human being. At no period of his life was he in the least avaricious. True, he made large sums of money by his practice, and it required large sums to sup- port his style of living. His hospitality was without stint. In dress he was all neatness and elegance. Never was he seen out- side of his mansion carelessly attired. Every garment was of the best material, fashionably made, and always in perfect order. On the circuit his horse, sulky, (no buggies in his day,) and travelling- equipage were the very finest to be had. He carried with him a portable mahogany desk, in which his business-papers were arranged in a method refreshing to behold. His pens, ink, and writing-paper were all of superior quality. The first metallic pen the author ever saw was in the possession of Mr. Torrance in 1833. These details may appear trivial to many ; yet they express character.
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WILLIAM H. TORRANCE.
Mr. Torrance died at his residence in the vicinity of Milledge- ville, May 23, 1837. A communication in the Southern Recorder of the 30th of the same month announced his death, as follows :-
Departed this life, on Tuesday, 23d instant, at his residence near this place, WILLIAM HOWARD TORRANCE, Attorney and Counsellor-at-Law, in the 45th year of his age.
Mr. Torrance was born and brought up in Union district, in the State of South Carolina, but removed with his father to this neighbor- hood in February, 1811. In 1812, upon hearing of the declaration of war against Great Britain, he was one of the first to volunteer to go with Col. Newnan to Florida, but was prevented from doing so by the death of his father the day on which the troops marched.
In 1813, he again volunteered for the Creek War, and served a part of the time as secretary to Gen. Floyd. He was at the battle of Calebee Swamp, and was considered by his comrades in arms among the bravest of the brave. In October, 1814, he again volunteered as a private soldier for the defence of Savannah. Soon after his arrival there, he received an appointment in the brigade-staff, the duties of which he performed to the entire satisfaction of Gen. Floyd until the close of the war.
Soon after the war, he went to Augusta, where he served as a clerk until the fall of 1817, when his employers (Messrs. Stewart & Hargrave) enabled him to go into business in connection with the present Judge Wilde. Their losses by the failure of a large manufacturing-company, in the disastrous year 1819, compelled them to abandon mercantile pur- suits and resort to a profession, as affording more certain means of sup- port. In 1819, Mr. Torrance commenced the study of the law under Col. Seaborn Jones, and the following year completed his studies under Richard H. Wilde, and settled in this county, where he has ever since resided.
Mr. Torrance was not one of those who burst on the community like a meteor and soon become extinct. His rise was gradual; but he was continually gaining, and at his death left but few better lawyers in the State. He never was considered eloquent; yet his speeches were replete with good sense, and always showed a perfect knowledge of the law, and none had more completely the confidence of the court and jury in every circuit in which he practised; nor was he ever known to stoop to the quibbling and pitiful shifts which too often disgrace an honorable pro- fession. As a politician he was warm and decided, but at the same time an open and manly opponent. In private life none stood higher. His religion was found in his life. He was one of those who believe that they are the best Christians who do most to promote the happiness of the human race ; and few lived nigher up to the rule, "Do unto others as you would have others do unto you." Those who knew him best will inourn him most; and none knew him better than the writer of these lines.
At the time he commenced reading law, a friend of his, who had taken the first honors at college and studied law at one of our best Northern law-schools, advised him to abandon the attempt, and told him it was out of the question for a man of his age, (twenty-eight,) with a defective educa- tion, ever to make a lawyer. Mr. Torrance told him that perseverance would overcome great obstacles, and that he felt confident he would succeed better than he would, and for an obvious reason :- he had a competency without study ; not so with himself: he had to study or starve. His friend got tired of the law, and turned planter ; Torrance died at the head of his profession.
XXXI.
GEORGE W. TOWNS.
IT has been the good fortune of Georgia to have in her service at various times men of a high grade of talents and qualifications who have represented her in the Cabinet, in missions to the prin- cipal courts of Europe, in both Houses of Congress, and in the State Executive, with the greatest efficiency. Connected with the latter office a short time before his death, during a period of in- tense party excitement, the name of GEORGE W. TOWNS is most familiar to the public. It will be the object of this memoir to present his political career, his qualities as an individual and as a legal advocate.
He was born in Wilkes county, Georgia, on the 4th day of May, 1801. The family was from Virginia. His father was a soldier of the Revolution, and was at the battle of Cowpens and Eutaw, in both of which he acted a part most honorable to his memory. GEORGE W. TOWNS was denied the advantages of a finished educa- tion, his father not being able to send him to college; yet he betrayed a fondness for learning while at work on the farm, and devoted all his leisure, by day and by night, to the perusal of the books which his own industry enabled him to purchase. By the time he was grown, he had a good foundation in science and in literature. On attaining his majority, or before, he left home to seek his fortunes in another State,-a practice so common and, it may be added, necessary to youth who are not better provided in the way of fortune. That he commenced merchandizing in Ala- bama and ended in failure is very probable. Men of his mould are rarely good merchants. Their impulses are in the way ; their ideas are too impatient to watch the slow operations of trade. They desire something brilliant, sudden,-a name, an influence which cannot be achieved in that field.
In regard to this whole matter, trade or other business, fortu- nate or adverse, the author states nothing positively, as he has failed to obtain the necessary information. Passing over his first attempts to set himself up in the world, we follow him into a law- office, where he becomes a student,-under whose direction, whether
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GEORGE W. TOWNS.
in Montgomery, Cahawba, Salma, or any other inland town of Alabama, is not known to the author. At all events, he obtained license to practise in that State about 1824, he then being in his twenty-third year. From what the author heard, inciden- tally, Mr. Towns was for a while connected with the press in Montgomery. He thinks it quite probable that the two years from his admission until he returned to Georgia and settled in Talboton in 1826 were employed in editing some public journal, thus giving his mind that turn for political discussion in which he afterward excelled. This, however, is mostly conjectural, aided by impres- sions from some quarter. The author has applied to several gen- tlemen who were intimate with Gov. Towns for facts in his early life to be used in this memoir ; but only one* of them has furnished him a line on the subject, he referring to others, and substituting a small scrap from a newspaper announcing the death of Governor Towns in the place of any statement of his own, which the author had reason to believe could be made full and satisfactory.
Col. Towns had not long resided in Talbot county before he was elected a Representative in the Legislature. The author has before him a copy of the House Journal for 1829, in which his name appears. From a hasty glance it is not perceived that he introduced any bills or took an active part in the journalized pro- ceedings of that body. He may have introduced himself in debate, which he probably did ; but of course the record is silent as to oral discussions. A file of Milledgeville papers of that day might give more information on the subject. It is not important to his fame, however, to show that he at once established a high character in debate. Remarks on this head will be reserved for another stage of this memoir.
He was re-elected to the House in 1830, and was appointed by Mr. Speaker Hull a member of the Committee on the Judiciary, which consisted of the following gentlemen :-
Messrs. Haynes, Howard of Baldwin, Schley, McDonald, Holt, Gresham, TOWNS, Bailey, Hatcher, Greene, King, Jackson, Tuggle, Terrell, and Holland.
A few passages from the Journal for 1830 will be quoted :-
P. 46. On motion of Mr. Towns,-
Resolved, That the Judiciary Committee be instructed to inquire into the expediency of altering and amending the several laws now in force in this State, so far as regards the jurisdiction of the Inferior Court and the number of justices constituting the same, with leave to report by bill or otherwise.
Levi B. Smith, Esq., for several years a law-partner of Gov. Towns.
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