USA > Iowa > Muscatine County > History of Muscatine County, Iowa, from the earliest settlements to the present time, Volume I > Part 44
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It has been the good fortune of the city of Muscatine and the county of Muscatine that the members of the bar here have been, for the most part, men of high character as well as of ability and learning, so that its bar has won a high and honorable reputation throughout the rest of the state and because of the high character of the bar it has followed that those of its members who have been elevated to the bench have enjoyed the confidence and respect of the pub- lic and have been honored not only in their own locality but in many cases throughout the state and in other states.
Yet the preparation of a history of the bar, so far at least as that part of it which lies back of one's own generation is concerned, is attended with con- siderable difficulty. Probably few men who in their time play important parts in the community or even in the state or nation, leave so transient a reputation as lawyers do. A writer on this subject who took for his text, The Lawyers of Fifty Years Ago, said: "In thinking over the names of these distinguished men of whom I have been speaking, the thought has come to me how evanescent and limited is the lawyer's reputation, both in time and space. I doubt very much if a lawyer, whatever his standing, is much known to the profession outside of his own state." Those who attain high rank in the profession must realize that with rare exceptions, their names are "writ in water." One may turn over the leaves of old reports and find repeated again and again as counsel in different cases the name of some lawyer who must have been in his time a power in the courts, only to wonder if he has ever seen that name outside of the covers of the dusty reports in which it appears. Hamilton, in the conventions, in the Federalist and in the treasury, and Webster in the senate and in public orations, have perpetuated and increased the fame of lawyers Hamilton and Webster; but were it not for their services outside the strict limits of their profession, one might come upon their names at this date with much the same lack of recog- nition as that with which one finds in a reported case the names of some coun- sel, great perhaps in his own time, but long since forgotten.
And there is another difficulty in preparing such a history as this, brief and therefore necessarily limited to a few names, and that is that some may be omitted who are quite as worthy of mention as those whose names appear. It is not often that any one man stands as a lawyer head and shoulders above the other members of the profession; and the same may be said of any half dozen men. In many cases the most careful measurement would fail to disclose a difference of more than a fraction of an inch, if any. Lives of eminent men
Territory of Lowna Dubuque bounty to To all persons to whom these
presents may come Itnow we chat on the Doth day of & August 1838 before me came theo dore I Parven. Base of the Coun- ty of Hoanulton and State of Ohio, and
being satisfied that he properties the requisite qualifications to sutitle him. to practice at an attorney and coun: sellor at lais, I hereby authorize. Em= power and license him to appear and practice and such in all or any counts of record within the territory adoresand Gwen under my hand the day and year above written I I Nelson. one of the spocrate Judges of the Supreme Court in and for the Territory of Lower. Territory of Lowa, Country of Dubuque of I Theodore I Parvum do Solumely swear that I will honestly demian myself in the practice of the law as Counsellor and attoway and will in all respecto Execute ming office according to the best of my knowledge and abilities Sworn to and subscribed'
before me Aug 20 1138 J S. wilson apociate Judge Auch Court of Iowa Lenstory
V D. Darvin
CERTIFICATE OF ADMISSION TO THE BAR ISSUED TO T. S. PARVIN. FIRST IN IOWA
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who have at some period been practicing lawyers, have contained the assertion that while they were engaged in the practice of their profession they were the "leaders of the bar," but there is almost always room for doubt as to whether the title is now a brevet bestowed by the biographer alone. Therefore the men- tion in this article of certain lawyers must not be taken as any disparagement of those who are not mentioned, and finally, it is to be observed that this article, so far as the bar is concerned, will treat not only of those members who are past and gone, but will make mention of some of those now in the flesh.
JUDGE JOSEPH WILLIAMS.
Joseph Williams was born in Huntington, Westmoreland county, Pennsyl- vania, December 8, 1801. Of his boyhood and youth but little is known. He was one of the fortunate few. While he made no pretentions to extensive read- ing, he managed to secure a knowledge of principles and his quick intelligence and phenomenal memory supplied what else was lacking.
He was distinguished above all others in the early territorial days for his humor, his wit and for his musical talent, which in spite of himself and the dignity of his office, led him to mingle in all crowds as a "hail fellow;" yet we must not judge from this part of his history that he was dissipated, or that he encouraged dissipation in others,-far from it. He allowed no man to surpass him in the practice and dignity of a gentleman or in his support of those prin- ciples of temperance and morality, which are the ground work of a well ordered society. He was not a profound lawyer but he had the quickness and sagacity to see the right of every question, as well as the courage and manhood to seize upon it, and to declare his convictions irrespective of parties and favorites. It was these qualities that made him a most popular judge, for during his judicial career, which was coeval with the territorial period, he was the most popular of the three judges upon the supreme bench. His memory calls up the uni- versal popularity with which he was regarded by those who knew him as a man and judge, as well as those whose knowledge consists only of the stories that have been told of him by his old-time associates.
The judicial duties of the supreme court of Iowa and of the circuits to which the three judges were assigned were not so onerous and engrossing as to preclude other activities. The pioneer communities were ambitious and sought to branch out in all directions. Men competent to direct these budding energies and. enterprises were few, and each had of necessity to play many parts. Our subject seemingly entered with enthusiasm into the plans of his fellow citizens of Bloomington. Here was he located, as most convenient to his district. In December, 1838, the territorial legislature granted to Joseph Williams and Charles A. Warfield authority to operate and maintain a ferry across the Mis- sissippi at Bloomington, and for one mile above and below the town. It was provided that horse or steam power should be used, and that individual prop- erty rights at points where landing might be established should not be disturbed or violated. In securing this concession, however, the ambitions of the projectors evidently outran their abilities. The ferry was not established and the privilege lapsed.
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In the same year the genial jurist joined with the handful of Christians who had established the Methodist church in Bloomington, and proved a strong sup- port in the days of feeble fortune. He is named as one of the stewards in the roster of 1840, and was one of the board of trustees in 1845. He was also one of the organizers of the temperance society formed in his home village.
During the summer of 1839 Judge Williams purchased a farm a few miles west of Muscatine and deserved the gratitude of the settlers by putting up and operating a horse power mill. In a speech made before the Old Settlers' Asso- ciation in 1880, J. P. Walton said: "We recollect taking a bushel of corn on the back of an Indian pony and going eight miles to this mill. We paid twelve and a half cents for the privilege of grinding. Our pony was small and the mill ran quite hard and ground slow, so that it took all day to go to the mill, do the grinding and get back. We had to furnish the corn and the power, pay twelve and a half cents toll, and then do our own grinding."
In May, 1839, the first corporation election was held in Bloomington and as a result, Joseph Williams received thirty-eight of a total of forty votes for president of the village board. He was also first named in the list of incor- porators of the Bloomington and Cedar River Canal Company. It is of record that the Judge was really enthusiastic over the project.
The three supreme court justices, Mason, Wilson and Williams, served through the entire territorial period from 1838 to 1846. During these years there were brought before the highest tribunal many issues of importance, and decisions were given and precedents established which had marked influence upon the after current of events. In the case of a fugitive slave, brought on habeas corpus proceedings, the territorial court held that "where a slave with his master's consent becomes a resident of a free state or territory, he could not thereafter be regarded as a fugitive slave, nor could the master under such cir- cumstances exercise any rights of ownership over him. When the master applies to our tribunals for the purpose of controlling as property that which our laws have declared not to be property, it is incumbent upon them to refuse their cooperation."
This clear toned enunciation of the doctrines of free men upon free soil fixed the place of Iowa through the succeeding years of agitation and struggle. "When it is remembered," says Benjamin F. Gue, "that the three judges (all democrats) thus early enunciated the doctrine of humanity and equity, that slavery was local and freedom a natural right, the liberty loving people of Iowa will forever honor these pioneer judges, who, in their sturdy manhood and love of justice, immortalized their names in an opinion in direct conflict with the infamous later decision of the national tribunal in the case of Dred Scott."
The appointment of supreme court justices in 1838 was for a term of four years. John Tyler had succeeded President Van Buren when this period had expired. The appointees were democrats, while the national administration was whig. It was naturally expected that the "spoils system" would prevail, and that officials from the dominant party would be chosen to replace these men. Certain interested politicians in Bloomington had prepared a statement, purport- ing to voice the sentiment of the district, asking the removal of Williams. This was sent to Washington and came to the knowledge of General Dodge, who
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was friendly to the Judge. He secured a copy and returned it to the supporters of Williams in Iowa. These resented the secret work thus revealed and found no difficulty in securing a numerously signed counter petition. As it happened, of the three judges Williams was the only one to whom the position was im- portant. Both Mason and Wilson had other resources and were not anxious for reappointment. To Williams his place on the bench was a congenial occu- pation, to which he was accustomed, and was his sole means of livelihood. He therefore thought his chances might be improved by a personal visit to Wash- ington, and armed with the enthusiastic endorsement of his friends started on his long journey east. "In these days," says one who has written variously of the episode, "he had to travel by steamer to St. Louis, up the Ohio to Maysville (which was then the terminus of the great 'National Pike' commenc- ing at Cumberland, Maryland.) Taking the stage at Maysville he found him- self seated in front of a lady, pretty, brilliant and entertaining. The Judge was, both by nature and practice, a ladies' man and sought to ingratiate himself into her favor by making himself as agreeable as possible, which was no difficult task, for he was a gentleman of Chesterfieldian manners. He communicated to the lady his name, his rank and the purpose of his journey eastward; but, strange to say, for the Judge was not a bashful man, he did not learn the lady's name nor anything of her social position. Reaching Baltimore, the travelers separated. Williams stopped in that city for a few days to visit friends and then completed his journey to Washington. There, having freshened himself from the effects of travel, he called upon President Tyler. Upon his name be- ing announced he was received, much to his surprise, with unusual kindness and courtesy of manner. The President entered into familiar conversation with him as though he had been a life-long friend. Many questions were asked of Iowa, of the Judge's associates in office and of other men in the territory until the office-seeker almost forgot the purpose for which he had gone. Rallying, however, he ventured to suggest the matter of his reappointment. 'Oh!' said the President, 'that matter is all fixed to your satisfaction, Judge,' and immedi- ately commenced to talk upon other subjects. After a little, Williams renewed his attack, when the President said: 'Your appointment has been made and the secretary will furnish you with your commission when you are ready to return home.' 'But,' ventured the Judge, 'I could not think of going back with a reappointment for myself and with my associates left out in the cold.' 'That matter you will also find arranged satisfactorily,' replied the President; 'I have reappointed all three of you. And by the way Judge,' added the chief executive, 'there is a lady in the adjoining room who I know would be greatly pleased to meet you, and would request that you join me in a call upon her.' The Judge had the courage to say it would afford him great pleasure to meet the lady, though he had no idea who she was. Accompanying the President into another room, a lady beautiful in appearance, graceful in manner, and with an earnestness quite unusual among strangers, rushed to the Judge, seized him by the hand and cordially greeted him. 'Judge Williams, this is Mrs. Tyler, my wife,' said the amused President to the astonished Judge, and lo! it was the woman with whom the latter had traveled three days and as many nights over the mountains and through the valleys from the Ohio to the Potomac. 'I hope
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Judge,' said the lady, 'that you have found everything to your satisfaction. I spoke to the President when I returned home and told him of your kindness and asked him to reappoint you and your associates.' Whereupon the three joined in familiar conversation as though they had known each other for years."
In December, 1846, Iowa was admitted as a state into the Union, and the terms for all territorial officials ceased with the appointive powers of the general . government. Upon adjournment of the first state legislature the governor, Ansel Briggs, appointed Joseph Williams as chief justice of Iowa to succeed Judge Charles Mason. In 1848 he was succeeded by Seranus C. Hastings, but the next year he again gained a seat on the supreme bench and retained the same until 1855.
We have a glimpse of Judge Williams in another role in 1846, when a St. Louis paper thus described him: "Judge Joseph Williams of Iowa, distin- guished for his great versatility of talent, paraded with the (Texas) volunteers of Burlington, Iowa, and marched at their head, playing the fife. The Judge is a perfect specimen of a happy man. He is a devout member of the Method- ist church and attends scrupulously to his religious duties. He is also one of the best temperance lecturers we ever heard; is judge of the second district of Iowa; associate justice of the supreme court; a fine poet ; a superior musician ; fifer for the Texas volunteers; the tallest kind of a companion we ever met at the social board-and he tells the best story of any humorist of the day."
With his qualities of head and heart, Judge Williams acquired a fame that was almost national. In 1857 he received appointment from President Buchanan as one of the district judges for the territory of Kansas, and was soon as much at home among the people and as much of a favorite with the bar as in Iowa. In this new location he made some fortunate land purchases in the vicinity of Fort Scott. This property soon increased in value and in the investment, wisely held, fortified the owner's later years against the results of earlier improvidences.
So successful had been the judicial career of our subject in Kansas that President Lincoln requisitioned his legal services during the war of the rebellion. In 1863 the Union general in command at Memphis, Tennessee, urged the estab- lishment of a court in that city, operations of the war having disrupted all the regular civil functions. Judge Williams was offered and accepted the posi- tion of judge and served in that capacity until the close of the war. It was an arduous position and difficult because of the peculiar conditions. Yet it is of record that the strong sense of justice, the constant exercise of common sense and the kindliness of temper which always characterized the man, won from even those who were enemies for the time, respect and regard.
At the close of the war Judge Williams returned to Iowa and for a few years resided at the old home near Muscatine. In February, 1870, he left for Fort Scott, Kansas, to look after matters connected with his property interests at that place. Within a short time of his arrival he was taken ill. His sick- ness developed into pneumonia and his death occurred March 31, 1870.
Judge Williams was married at Hollidaysburg, Pennsylvania, in 1827, to Miss Mary Rogers Meason. His family followed him to Iowa in 1839 and made their home in Muscatine until the departure of the Judge for Kansas.
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Husband and wife are buried side by side in the cemetery at Muscatine, the latter passing away September 10, 1870.
It will not be out of place here, as showing the versatility of the man and the depth of his sentiments to append here from an article entitled Judge Will- iams as a Poet, which appeared in the Iowa Historical Record for April, 1896, and which was contributed by the late T. S. Parvin :
"I think I have stated elsewhere that Judge Williams was a poet of no mean order. I have just come across two of his effusions in this line, one humorous and the other sad, for he was a man equal to every emergency in life. On one occasion when visiting his old home in Pennsylvania, he called at the law office of his old friend and fellow student, Jerry Black. Not finding him in, he left this card as follows:
'Oh, Jerry, Jerry, I've found you at last, And memory goes back to the scenes of the past, As I think of old Somerset's mountains of snow, When you were but Jerry, and I was but Joe.'"
JUDGE S. CLINTON HASTINGS.
Judge S. C. Hastings' father, Robert C. Hastings, was a native of Boston but removed in early life to central New York, where he married Miss Patience Brayton, whose family had been among the earliest settlers of that region. Seven children were born of this marriage. Receiving an academic education, young Clinton came west and studied law for two years in Lawrenceburg, Indiana, removing to Muscatine, then Bloomington, in 1837. Here he was ad- mitted to the bar and began practice but was soon appointed justice of the peace by Governor Dodge, of Wisconsin Territory, which included Iowa. 'Squire Hastings used to say that his jurisdiction covered the whole western territory, extending to the Pacific ocean.
As justice of the peace, he had but one case to try during his term. It was a criminal charge. He found the accused guilty of stealing $30 from a citizen and $3 from the court. He was sentenced to be taken by the constable to a grove near by, to be there tied to a tree and to receive on his back thirty-three lashes-thirty for the theft from the citizen and three for that from the court- then to be transported across to Illinois and banished from Iowa forever. The sentence was executed under the eye of the court in the presence of a large crowd of people.
Mr. Hastings was successively elected as a member of the Iowa council and house of representatives, and on Iowa being admitted to the Union, he took his seat as the state's first representative in congress. At the end of his term he was appointed chief justice of Iowa but after one year's administration, re- moved in 1849 to California, where, six months after his arrival, he was chosen by the legislature, chief justice of the new eldorado. Retiring from the bench, he was elected attorney general of the state, in which office, from its enormous fees, he laid the foundation of his great fortune. (Suel Foster, the Judge's brother-in-law, thought that he could not have acquired much property in office Vol. I-24
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but that the opportunity came when he acted as agent for parties interested in recovering the large grants of lands made by the Spanish and Mexican govern- ments before California was ceded to the United States.)
Judge Hastings was married in Muscatine in 1845 to Miss Azelia Bratt, daughter of Delevan Bratt, of Moscow. Mrs. Hastings died at Pau, in Europe, in 1876. Eight children were born of this marriage. Judge Hastings died, February 18, 1893.
In an issue of the Davenport Democrat published in 1881, the following reminiscent article appeared, which, upon perusal, will give the reader an insight to one side of the character of the man: "Alexander McGregor was one of the original proprietors of the town of Davenport, and a terror in this region in the practice of his profession. He was very abusive when handling a case-very. It was his game to scare the other side out of their case before a jury if he could. The first case Hastings had after he came to Muscatine, he found McGregor on the other side-and McGregor attempted his old tactics, and Hastings met him on his own ground. When McGregor abused his wit- nesses, he abused McGregor and astonished court and jury by his daring to do such a thing; in his speech to the jury McGregor bore down on Hastings like fury, and when Hastings came to reply, he just raked McGregor from head to foot, black-guarded him, called him names and made him so mad he was red as a brick. And Hastings won the case. Three weeks later, Hastings met McGregor in Davenport, Mac's own town. A farmer from Cedar county was Hastings' client, and the trial was before two justices, according to the old time way. It was in 1838. McGregor had fixed it up to pack the jury and Hastings saw the game and determined to check-mate it. He knew that McGregor was a power and determined to expose his tactics. The whole trial was a wrangle between the attorneys more than anything else. When the ar- gument came up the two lawyers got into a bitter quarrel and at last McGregor called Hastings a liar, rose to go for him, and Hastings knocked him down. Then McGregor rushed out of the court room across the street to a grocery store, where he borrowed two pistols-ugly things they were, much like Dering- ers-and went back to court, where Hastings was talking to the jury. Hastings told the jury that McGregor had two loaded pistols in his pockets but he was a coward and dare not use them! And then Hastings, without ever looking at McGregor, abused him. McGregor trembled with rage-actually became purple in the face, but he didn't fire. Hastings' face was turned, for he was very care- ful to keep his eyes right on the jury. The result was the jury hung until they were discharged, three or four of them being in favor of a verdict for the judge's client. That was the last of the case-the Cedar county farmer was never bothered again."
Another incident in the career of the two pioneer lawyers is interesting in this connection: "In the winter of 1838-9 Hastings and McGregor were both members of the territorial council, which held its session in Burlington. Mc- Gregor introduced a bill for the chartering of the Wilson ferry between Daven- port and Stevenson (Rock Island.) It might be called a pretty liberal charter. It was reported that Mr. McGregor was the attorney for Mr. Wilson when at home. The council took it up, appointed a committee of investigation, the com-
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mittee reported that the statement was true and the council expelled Mr. Mc- Gregor, notwithstanding the exertions of Hastings in his behalf, for Hastings tried hard to limit the action to censure by the chair instead of expulsion."
D. C. CLOUD.
David C. Cloud came to Muscatine May 2, 1839. He was a native of Cham- paign county, Ohio, and from six to twelve years of age he attended the public schools three months in the year. When fifteen years of age he commenced learning the trade of book binding but subsequently took up carpentry. While an apprentice he worked on the lunatic asylum at Columbus, Ohio. In company with his father-in-law, a Mr. Dibble, and family he removed to Muscatine, land- ing here May 2, 1839, where he worked at his trade about eight years but dur- ing that time read law and in December, 1846, was admitted to the bar and began practice. While reading law he was elected justice of the peace and soon after his admission to the bar was elected prosecuting attorney of the county, serving two terms. In 1852 he was elected attorney general of the state, the first to hold that position, and served until 1856. In the latter year he was sent to the legislature and in 1860 supported Lincoln for the presidency, con- tinuing to act with the republican party until 1872. He had been elected at- torney general on the democratic ticket. He was an active supporter of the Union party during the war and wrote a work entitled "The War Powers of the President," which was received with favor. In 1872 he was a delegate to the democratic convention at Cincinnati and helped nominate Horace Greeley for the presidency. In the same year he published a book entitled "Monopolies and the People," which was largely sold. For almost a half century David C. Cloud was one of the leading members of the bar of this section of the state.
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