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 44
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It may be asked, perhaps doubtfully, what consideration bound him to a further struggle with the rough gales of life. Had he
362
BENCII AND BAR OF GEORGIA.
not given abundant proofs of capacity of the highest order ? What problem had he yet to solve to procure the recognition of his genius and learning ? He had toiled ambitiously and successfully for improvement ; his fame was established, and he was remitted to private life. Under these circumstances, where was the impro- priety of his European tour and residence ? Was it not commend- able ? Mr. Wilde had a relish for Italian literature ; his soul had been touched by the song of Italian bards, and by the richness and beauty of their language. He resolved to drink at the same fountain. Easy in his fortune, his mind relieved from public cares and domestic anxieties, he applied himself, with that gentle industry and soothing leisure which his situation afforded, to master the depths of a classic sea, of which Italy was the enchanted basin, in his reveries. He selected Florence as his head-quarters and Tasso as his theme. The result is before the world.
The dedication of his volumes to John W. Wilde, Esq., is alike honorable to the two brothers. It is dated Florence, 5th Novem- ber, 1840 :-
MY DEAR BROTHER :- An affection like ours rarely shows itself in words; and, if I now allow it utterance, it is rather in homage to truth than in compliment to you. If I knew any one more worthy of my esteem and regard than yourself, I might spare you the pain of a dedication ; but in all that tries the heart you only have always withstood the proof, and to you my first work must be inscribed, that flattery or falsehood may not stain the inscription.
A more beautiful and tender piece of composition than this fra- ternal tribute is not to be found anywhere. It is incorporated in this memoir as an act of justice and as an ornament. The refined taste of Mr. Wilde and the harmony of his diction appear in every line from his pen. His work on Tasso evinces great labor and erudition. The authorities referred to in his notes are numerous, and many of them rare. The translations show his proficiency in the Italian language. Taken as a mere literary performance, it is sufficient to rank Mr. Wilde among the ripest belles-lettres scholars of the age. True, there is much that is extravagant in feeling, and much that is imbued with romance : still, the gratification is not the less pure. Ours would be a hard condition, a barren world, if we poor mortals had to see and endure things divested of the ideal drapery of life. We should sink under the burden with- out any angel to lift us up. The illusion is sweet; we trust it, though we know it to be an illusion. It is one of the angels that constantly fill the air, ministering to all who are in trouble.
363
RICHARD H. WILDE.
Instead of blame or indifference, let us award to the scholars and painters of lively impressions-of wild fancies, if you please-the gratitude we owe them for the rich feasting we have enjoyed at their hands. In this relation Mr. Wilde is a benefactor to his fellow-man. There is no evidence that in his retirement, or in the prosecution of his researches respecting Tasso, Dante, or other subjects in Italy, he departed in the least degree from that level which commanded the best society of Europe. His presence was felt and gracefully acknowledged wherever his lot was cast.
Mr. Wilde possessed very tender sensibilities and a high per- sonal honor which permitted no liberties with his character. He was careful to inflict no wrong on others, and expected the same treatment in return. His principles and conduct were so well understood in this respect, his demeanor so courteous, that perhaps he had no single occasion to adjust for himself under the code of honor, which he fully recognised.
That Mr. Wilde valued his political reputation, and would suffer no stain to affix itself on his rectitude of purpose, is shown by the following letter, which he penned on his voyage to Europe. Even the ship " Westminster," in which he sailed, was significant of great judges, jurists, advocates, scholars, and other men of renown, both dead and living, in the annals of Great Britain. The letter is copied from the National Intelligencer, with the remarks of its editors vindicating Mr. Wilde :-
The subjoined letter interested us in the perusal more because of the information which it conveys of the distinguished and estimable writer of it, Mr. WILDE, having gone abroad, than from its denial of a charge which no man who knows Mr. WILDE would believe for a moment to be true :-
PACKET-SHIP WESTMINSTER, OFF SANDY HOOK, 1st June, 1835,
TO THE EDITOR OF THE NEW YORK STAR.
SIR :- My attention has been called to an article in a late Globe respecting Mr. Speaker Bell, which until this morning I have not had leisure to read. The obvious import of a passage in it is to charge con- cert between that gentlemen and myself in the election which elevated him to the chair of the House of Representatives. "Jockeying" is the word used. If it was intended to convey to the public, so far as the influence of that gazette extends, the impression that there were any secret or unfair practices between anybody and myself, the charge is utterly unfounded. In truth, Mr. Bell and I had no understanding of any kind, and never, directly or indirectly, concerted any thing touching the election.
Were I not about quitting my own country and going for a while where the Globe, as the official paper of the President and his Cabinet, has per- haps more authority than among those of my fellow-citizens whose good
364
BENCH AND BAR OF GEORGIA.
opinion is desirable to me, the imputation in question would scarce be worth repelling. This consideration, and the fact that another is inte- rested and entitled to my testimony, has prevailed over my reluctance to write any thing for the newspapers,-a reluctance sufficiently well known to have stimulated in some degree the unsuccessful attacks heretofore made on me.
A very curious rule is gaining ground on this subject. Some paper justified itself not long ago for publishing a disreputable charge of literary larceny by saying the editor at the time believed it to be false, but a sub- scriber sent it who was anxious for its publication, and it was published to afford the party implicated an opportunity of contradicting it,-an opportunity of which he did not choose to avail himself. To avoid the recurrence of a similar piece of casuistry, this notice of the paragraph in the Globe may be excused; and as it is in vain, I fear, to expect that print to right the wrong in question, I respectfully request the adminis- tration-journals generally whose editors respect truth to give their readers an opportunity of seeing my denial.
There are men of all parties who honor me with their esteem and are entitled to mine. They at least will not think the worse of the inde- pendent press which dares do justice to the character of a former political opponent, now an unaspiring and unobtrusive private citizen.
I am, sir, very respectfully, your obedient, humble servant, RICHARD HENRY WILDE, of Georgia.
In a work published in London, December, 1834, Henry Tudor, a tourist who had visited the United States, notices American statesmen in Congress, and, among them, thus refers to Mr. Wilde :-
One of the most insinuating of the speakers of the House was Mr. WILDE, the member for Georgia. There was a polished, gentlemanly style in his manners that was highly prepossessing, reminding you strongly of the grace and elegance so conspicuous in the address of Lord Lyndhurst. In addition to an expressive animation of feature, there was a smiling good-nature of countenance which, at the same time that it engages the favor and attention of his auditors generally, must in some measure have disarmed his tariff opponents. His arguments were for- cible, well illustrated, and eloquently delivered; and I could easily perceive some of his political adversaries, in defiance of his conciliating demeanor, wincing under the lash of his well-pointed sarcasm with a gravity and ill-concealed asperity of visage which contrasted powerfully with the playful expression of his own.
The labors of Mr. Wilde, and his reputation abroad, have been recently noticed in the public journals, in terms of which a speci- men is given :-
The correspondent of the Newark Daily Advertiser, writing from Rome on the 30th of January, 1856, alludes, in the following complimentary manner, to the labors of two distinguished Americans, Mr. Greenough,
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RICHARD II. WILDE.
the sculptor, and Mr. Wilde, of whom Georgia has reason to be proud. The extract will no doubt be read with pleasure.
The last number of the "Archivio Storico Italino," an invaluable serial publication of the nature of your Historical Society's periodical, honorably recalls the labors of Horace Greenough, the pioneer of American sculptors in Italy, who has thus found a fitting memorial in the most authentic records of the History of Modern Italy. His friends and countrymen could desire nothing more complimentary than his appreciative memoir, which mentions with just pride that he bore the title of " honorary profes- sor of the Florentine Academy of the Beautiful Arts." In the same pub- lication I find also a brief memoir of our lamented countryman, Richard Henry Wilde, the statesman, scholar, and jurist, known in our political history as the eloquent representative of Georgia in Congress, in our litera- ture as the author of the charming lyric " My life is like the Summer Rose" and a work on the " Madness and Imprisonment of Torquato Tasso," and in our jurisprudence as the law-professor of the University of New Orleans, where he was cut off in 1847 by yellow fever at the age of fifty-eight. It appears by this memoir that Mr. Wilde had made rare collections, during his long sojourn in Italy, for a learned illustrative work on the life and times of Dante, which the writer hopes will pass into hands capable of perfecting his original intention. A series of interesting letters, running from 1834 to 1837, from Charles Botta, the elegant Italian historian of the American Revolution, to George Washington Greene, (the grandson of one of its chiefs,) who filled the office of United States Consul at Rome some years, is also preserved in this collection of historical papers.
The American citizens thus honored in these "Archives" are fondly recognised as Italofili Americani.
The author very much desired to furnish a fragment or two, at least, showing the professional research and skill of Mr. Wilde as an advocate. For this purpose he caused an examination to be made in the Clerk's Office of Baldwin Superior Court for the pleadings in the great case, involving about one hundred Africans, in which the point arose, in trover, whether the individual names, or other marks of identity, were not essential in the declaration. It is said that Mr. Wilde replied to this objection by the example of a flock of sheep sued for by the owner : could they be described specially in an action ? The author, unintentionally, gave the clerk and his polite deputy a good deal of trouble in the vain search, as it was afterward ascertained that the case was brought in another court. In his annual message to the Legislature, No- vember 6, 1821, Gov. Clark thus alludes to it :-
Proceedings are still pending in the District Court of the United States in relation to certain Africans introduced into the State in violation of law. For a time these proceedings were delayed by claims interposed by William Bowen and Miguel De Castro. Upon the dismissal of these claims, it was hoped that no further obstacle to a speedy decision would have presented itself. But while an allegation was in progress, at the instance of the State, for the purpose of a condemnation of the property, a new and unexpected claim has made its appearance, in the name of Juan
366
BENCH AND BAR OF GEORGIA.
Madrazo, seeking a recovery of the negroes on hand, and the proceeds of those that have been sold. For want of such condemnation, the resolu- tion of the last Legislature, directing a disposition of the Africans, has not been complied with. This claim having been represented to me, by the counsel employed, as being prosecuted by counsel able and numerous,-to wit, Messrs. Harris, Charlton, Bulloch, Wayne, and Wilde,-I have engaged the services of assistant counsel, Messrs. Davies and Law, and directed an early determination of the case. From a late interview with Judge Davies, I have reason to expect a decision on the second Tuesday of the present month. But, from the invention of those claiming to be interested, it may be protracted still longer.
The case continued to drag along, contrary to the expectations of the Governor, until it was taken to the Supreme Court of the United States, January Term, 1828. It will be found in 1 Peters's Reports, p. 110,-Mr. Berrien appearing for the State of Georgia, and Mr. Wilde for the libellant Madrazo. The facts are too volu- minous to be noticed here in detail. Chief-Justice Marshall deli- vered the opinion of the court, reversing the decree below which gave to Madrazo the remaining portion of the Africans seized, some thirty in number, and the sum of $38,000, which had been paid into the State Treasury from the sale directed by the Legis- lature. In his dissenting opinion, Judge Johnson says that " Ma- drazo, with abundant proof of his rights, is left without remedy." Some very curious points are involved, touching jurisdiction, for which the professional reader is referred to the case reported by Peters.
There was a time in Georgia when the circulation of the banks was impaired, or, at least, when their notes were frequently coun- terfcited, at the expense of the community, and much to the annoy- ance of the bank-officers, who were often called at a distance to give testimony in prosecutions. This induced the banks to employ counsel to prepare such a bill, so guarded, precise, and comprehen- sive, that the mind of the Legislature could not be misunderstood in any possible case that might arise. Mr. Wilde was selected to prepare the bill. It is entitled " an act more effectually to pre- vent the crimes of forgery and counterfeiting," approved Decem- ber 10, 1812, and may be found in Lamar's compilation, p. 554. It occupies ten quarto pages of that volume, and is one of the finest specimens of preventive legislation on record ; for it enumerates every thing connected with the uttering, fabrication, and attempts to pass false paper that human ingenuity could conceive. The author was informed, by a gentleman* who spoke advisedly, that
* The late William H. Torrance, Esq.
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RICHARD H. WILDE.
for this service Mr. Wilde received from the banks in Augusta the sum of five hundred dollars.
At the regular time in this narrative the vote for Representa- tives in Congress in 1834 was not stated, at which election Mr. Wilde sustained his second defeat. The omission is here supplied, distinguishing the rival tickets :-
STATE-RIGHTS.
UNION.
R. A. Beall. 27,500
A. H. Chappell 27,673
W. C. Daniell 27,447
C. E. Haynes 32,616
T. F. Foster. 28,036
G. W. Owens
32,533
R. L. Gamble 27,235
J. W. A. Sanford 32,412
G. R. Gilmer 28,407
W. Schley.
32,851
J. C. Terrell
32,494
G. W. Towns 32,593
R. H. Wilde. 28,283
J. M. Wayne.
32,934
The United States Supreme Court Reports show that Mr. Wilde frequently argued important causes at that bar; and, where the record fails to notice his preparation, it may be safely assumed that he was always master of his side of every question. He gave his energies, his time, his professional emulation, to his clients, whom he served faithfully. In the large number of land-claims taken up from Florida, based on Spanish grants, he was generally retained. It must have been a rich harvest to him in money and reputation. His career at the bar, his whole public life, and his merits as a scholar might be enlarged upon, much to his credit; but it is necessary to bring this memoir to a close.
He returned from Europe in 1842, and took his seat in the Whig State Convention at Milledgeville, in that year, as a delegate from Richmond. His appearance was imposing and attractive. He was the focus of all eyes. In the course of a speech of surpassing beauty and tender recollections, he referred to an old friend,* then in the Convention, who, more than twenty-five years previously, had brought him forward for Congress and aided warmly in his election. To the younger members of the Convention Mr. Wilde was personally a stranger. They were highly gratified at the opportunity of listening to his eloquence. Nor did he disappoint their sanguine expectations. He rose to impassioned heights and scattered gems in every direction. This was his last appearance
* The late Gen. Ezekiel Wimberly, of Twiggs county.
J. Coffee. 32,632
S. Grantland. 32,449
H. G. Lamar 27,489
D. Newnan 27,457
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BENCH AND BAR OF GEORGIA.
in any public assemblage in Georgia. He removed to New Orleans the next year, to resume the practice of the law. His high cha- racter as a jurist had preceded him, and he at once commanded a lucrative business. He confined himself to important causes, where the litigation would justify liberal fees. His minimum charge is said to have been five hundred dollars. The civil law, which prevails in Louisiana, opened a rich field to a mind so well versed in Roman history and the elements of jurisprudence as that of Mr. Wilde. He became at once a leader among the veterans of the New Orleans bar,-with Grymes, Roselius, Preston, Micou, Prentiss, Mazareau, Slidell, Hunt, Elmore, Soulè, Benjamin, and others of established influence. In the mean time he was elected Professor of Constitutional Law in the University of Louisiana.
During the prevalence of yellow fever in New Orleans in the summer of 1847, Mr. Wilde refused to leave the city to escape the disease. He doubtless believed that by proper caution he would not take it, or, if he did, it would not prove fatal in the midst of the eminent professional skill at his command. But his destiny was sealed. He became ill, and, with the remedies usually applied with success, he had no apprehension of danger until within a few hours of his death. On being notified of his perilous situation, he became deeply anxious, and struggled to maintain his hold on life. At his lodgings in the St. Charles Hotel, RICHARD HENRY WILDE breathed his last, on the 10th day of September, 1847, in the fifty-eighth year of his age. Thus passed away the poet, the orator, and the statesman, of rare accomplishments, with his talents and his fame in meridian splendor.
The press in all quarters teemed with glowing eulogies. The bar of New Orleans, the bar of Augusta, and in other places, manifested the highest respect for his memory. The public mourned over his death : his name will never perish while genius has an admirer.
APPENDIX.
I.
COURT-ROLL.
Names of Judges of the Superior Court and Solicitor-Generals, in Georgia, from 1790 to 1857. Those in italics were appointed by the Executive to fill vacancies.
I .- EASTERN CIRCUIT : 1791.
JUDGES.
DATE OF COMMISSIONS.
John Houstoun,
January 17, 1792.
February 22, 1796.
January 7, 1798.
David Brydie Mitchell,
George Jones,
George Jones, Robert Walker,
November 22, 1804. May 13, 1808. November 6, 1813.
John M. Berrien,
John M. Berrien,
November 10, 1816.
John M. Berrien,
November S, 1819.
Thomas U. P. Charlton,
February 19, 1821.
Thomas U. P. Charlton,
May 8, 1821.
James M. Wayne,
November 8, 1822.
James M. Wayne,
November 12, 1825. November 7, 1828.
William Davies,
May 12, 1829.
William Law, William Law,
November 4, 1829.
William Law, John C. Nicoll,
November 12, 1834.
Robert M. Charlton,
December 31, 1835.
Robert M. Charlton, Charles S. Henry,
November 10, 1836. August 29, 1837. May 1, 1839. November 12, 1841.
Charles S. Henry,
November 11, 1845. November 13, 1849.
August 12, 1853.
November 7, 1853.
369
Charles S. Henry, William B. Fleming, Henry R. Jackson, Joseph W. Jackson, William B. Fleming, Vor. II .-- 24
November 12, 1831.
William Stephens, John Glen, David Brydie Mitchell,
February 28, 1798. January 19, 1799. July 17, 1804.
370
APPENDIX.
SOLICITOR-GENERALS.
George Woodruff, David B. Mitchell,
William B. Bulloch,
Thomas U. P. Charlton,
Thomas U. P. Charlton,
John M. Berrien, Joseph S. Pelot,
Edward F. Tattnall,
William Law,
William Law,
John C. Nicoll,
October 2, 1821.
Nathaniel P. Bond,
November 8, 1822.
Charles S. Henry,
November 12, 1825.
Joseph W. Jackson, William H. Stiles, William H. Stiles,
May 9, 1833. November 12, 1834.
John Elliott Ward,
January 7, 1836.
November 10, 1836.
December 7, 1837.
March 23, 1838.
November 27, 1838.
William P. White,
November 6, 1840.
November 11, 1843.
November 8, 1847.
May 29, 1855.
November 10, 1855.
II .- MIDDLE CIRCUIT : 1793.
JUDGES.
DATE OF COMMISSIONS.
George Walton, William Few,
George Walton,
George Walton,
Benjamin Skrine,
Benjamin Skrine,
February 10, 1804. May 18, 1804. November 6, 1813.
Robert R. Reid,
November 10, 1816.
John H. Montgomery,
November 8, 1819.
Robert Walker,
Robert Raymond Reid,
Robert Raymond Reid,
William Schley,
William W. Holt,
William W. Holt,
John Shly, John Shly, .John Shly, Roger L. Gamble,
William W. Holt,
William W. Holt,
DATE OF COMMISSIONS
June 16, 1795. February 22, 1796. January 19, 1799. October 5, 1804.
November 22, 1804 November 18, 1809. November 6, 1813. November 10, 1816.
September 17, 1817. November 8, 1819.
November 12, 1831.
John Elliott Ward, John Elliott Ward, Edward J. Harden, Richard W. Owens,
William P. White, William P. Gaulden,
George A. Gordon, Julian Hartridge,
December 16, 1793. March 6, 1796. January 19, 1799. November 12, 1801.
Robert Walker,
November 8, 1822. March 1, 1825. June 14, 1825. November 12, 1825.
November 7, 1828. November 12, 1831.
November 12, 1834. January 20, 1838. November 12, 1841. November 11, 1845. January 18, 1847. November 5, 1847.
COURT-ROLL.
371
JUDGES. Ebenezer Starnes, Andrew J. Miller, William W. Holt, William W. Holt,
ATTORNEY-GENERALS.
Henry George Caldwell, Peter Johnston Carnes, Robert Walker, John Forsyth, Alexander Allen, Alexander M. Allen,
Roger L. Gamble,
Roger L. Gamble, Thomas F. Wells, Thomas F. Wells,
George W. Crawford,
George W. Crawford, George W. Crawford, Charles J. Jenkins, Ebenezer Starnes, Ebenezer Starnes, James Gardner, John J. Flournoy, Alpheus Colvert, John T. Shewmake, William R. McLaws,
DATE OF COMMISSIONS.
November 13, 1849. July 8, 1853. August 12, 1853. November 7, 1853.
DATE OF COMMISSIONS.
February 22, 1796. January 19, 1799.
November 22, 1804. May 13, 1808. April 3, 1811. November 6, 1813.
November 10, 1816.
November 8, 1819.
November 8, 1822.
November 12, 1825.
March 1, 1827.
November 9, 1827.
November 7, 1828.
November 12, 1831. August 25, 1834.
December 18, 1837.
November 6, 1840.
November 9, 1843.
November 6, 1847.
November 7, 1851.
November 10, 1855.
III .- WESTERN CIRCUIT : 1796.
JUDGES.
Benjamin Taliaferro, Thomas P. Carnes, Thomas P. Carnes, John Griffin, Charles Tait, Charles Tait,
Thomas P. Carnes,
Young Gresham, John M. Dooly, Augustin S. Clayton, Augustin S. Clayton, William H. Underwood, Augustin S. Clayton, Charles Dougherty, Thomas W. Harris, Julius Hillyer, Charles Dougherty, James Jackson, James Jackson, Nathan L. Hutchins,
DATE OF COMMISSIONS.
February 22, 1796. January 27, 1798. January 19, 1799. July 11, 1803. November 19, 1803.
November 22, 1804.
December 15, 1809. November 6, 1813.
November 10, 1816. November 8, 1819.
November 8, 1822.
November 12, 1825.
November 7, 1828. November 12, 1831. November 9, 1837. November 14, 1841. November 11, 1845. November 13, 1849. November 7, 1853. July 1, 1857.
372
APPENDIX.
SOLICITOR-GENERALS.
Peter Lawrence Van Allen, Peter Lawrence Van Allen, John Mitchell Dooly, Archibald Martin, John M. Dooly, Thomas W. Cobb,
Duncan G. Campbell, Allen Lawhon, Cicero Holt,
November 10, 1816.
November 8, 1819.
November 8, 1822.
Green W. Smith,
Turner H. Trippe,
Turner H. Trippe,
Julius Hillyer,
November 12, 1834.
Howell Cobb,
December 6, 1837.
William H. Hull,
November 7, 1840.
John W. H. Underwood,
James W. Harris,
April 1, 1847.
November 6, 1847.
William J. Peeples,
November 7, 1851.
Samuel P. Thurmond,
November 10, 1855.
IV .- OCMULGEE CIRCUIT: 1813.
JUDGES.
Stephen Willis Harris,
Christopher B. Strong,
November 10, 1816.
Augustus B. Longstreet,
November 8, 1822.
Owen H. Kenan,
November 12, 1825
Eli S. Shorter,
November 7, 1828.
Thomas W. Cobb,
December 22, 1828.
Lucius Q. C. Lamar,
November 5, 1830.
Lucius Q. C. Lamar, John G. Polhill, John G. Polhill, John G. Polhill, Adam G. Saffold,
November 12, 1831 July 7, 1834. November 12, 1834
November 13, 1837. September 6, 1838.
Edward Y. Hill,
November 12, 1838.
November 13, 1841. February 1, 1845. November 11, 1845. November 13, 1849. September 1, 1853. October 10, 1853.
November 7, 1853.
SOLICITOR-GENERALS.
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