USA > Indiana > Vigo County > Terre Haute > The history of early Terre Haute from 1816 to 1840 > Part 8
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Virginia, should ever be free from the curse of human slavery. This saved Indiana as a territory, and when state- hood was sought in 1816, this same prohibitory clause found its way into the constitution, notwithstanding the indefati- gable efforts of the proslavery element in the territory, to have it rejected. In a revised and improved form therefore we have the prohibition in Art. I, Sec. 37 of the Constitution which reads: "There shall be neither slavery nor involun- tary servitude within the State, otherwise than for the pun- ishment of crime, whereof the party shall have been duly convicted. No indenture of any negro or mulatto, made or executed out of the State, shall be valid within the State."
As early as 1807, Messrs. Jones and Johnson published a Revised Code of Indiana Laws, which was adopted by the legislature. In 1815 there was issued by General W. Johns- ton at Vincennes, "A Compend of the Acts of Indiana." There must be a copy of this book in our city, but like Pid- geon's History of the Fort, inquiry fails to find it. From a lengthy description of the volume, I take it that it is something of a curiosity. In the preface, the author tells us: "In the Compend I have been as laconic as practicable and to render my work serviceable and acceptable, I have spared no pains to analyze the Territorial Statutes, com- mencing with the revised code of 1807, and ending with the acts of 1814. And to methodize the matter in the plainest manner, has been my aim. The complicated state in which the Statutes of our Territory are at present, from the variety of its acts upon the same subject, suggested to me the ne- cessity of analysis. To be of some service to my country and not pecuniary reward has been my excitement."
Following the preface is a certificate signed by Isaac Blackford, Davis Floyd, G. R. C. Sullivan, A. Buckner, H. Hurst, W. Prince and John Johnson, to the effect, that they had examined the manuscript, and gave it as their opinion that " the design was well conceived, and the subject matter disposed of in considerable order."
The pioneer lawyer was a circuit rider in the literal sense
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of the word. First he must provide himself with a horse that could swim the swollen streams as well as trudge through the muddy roads. Then he must possess the needful saddle bags to carry not only wearing apparel, but law books and papers. He must be provided also with an overcoat or blanket and green leggings. Thus equipped he starts on his journey for the County seat, where court con- venes, though it be sixty miles away.
We have been accustomed to limit the trials of early circuit riding to the missionaries, and especially to Methodist preachers, but the pioneer lawyer, as he is better understood, comes in for his share of the honors. If there were trackless wagon roads, and lonely pack horse trails, to be followed, he followed them. Or if there were creeks to be crossed, he crossed them. The map of the State at that time was made up of crooked snakelike lines indicating great and small water courses. The horseback traveler knew, or was sup- posed to know the names and distances apart of these several streams, and the best fording places.
These were the days of horses and " horse talk." Every lawyer had his favorite horse, and he knew from experience how to appreciate him. One owned "Wrangler," which cost him sixty dollars; another "Old Gray," for which he paid eighty dollars ; still another "Big Sorrel," a sixty dollar horse. Hon. O. H. Smith in his delightful book entitled, " Early Indiana Trials," closes a long list of horses and their owners by saying: "And I rode Gray Fox that cost me $90." That he had occasion to praise his horse, I venture a short abstract of one of his sketches : "I had twenty miles to ride and no time to be lost. Giving Fox the rein he ap- proached the bank of the creek with its rapid current, and without a moment's hesitation, with a quick step, plunged in, and swam beautifully across the main channel, but the moment he struck the overflowed bottom, on the opposite side, the water about four feet deep, he began to sink and plunge. The girth broke. I seized the stirrup's leather, to which my saddle bags were fastened, with one hand, the long
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mane of Fox with the other, and was gallantly dragged through the mud and water to the main land."
That pioneer lawyers were subjected to accidents by floods especially, I venture another illustration taken from the Bi- ography of Indiana, Chicago 1875. Judge Blackford on one of his trips to Vincennes from Indianapolis, came very near losing his life. " Mounted on a stout horse with overcoat, leggings, and his saddle-bags full of law books, he undertook to ford White river near Martinsville, while the river was swollen by a freshet. He and his horse were swept down the stream, but eventually landed on an island He was rescued by a farmer. Having dried his law books and clothing, he waited a couple of days for the water to fall, when he proceeded on his way."
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CHAPTER XVIII
EARLY COURTS, LAWS AND LAWYERS-CONTINUED
AMONG the early arrivals in Terre Haute, was Attorney Nathaniel P. Huntington. He came soon after the erection of Vigo county, to attend the first meeting of the Circuit court, which was held on the fourth Monday of April, 1818. There were other lawyers of this circuit present, but as Mr. Huntington came to make his home here, the court appointed him prosecuting attorney, pro tem. for Vigo county. Na- thaniel P. Huntington is spoken of as " a man of fine abili- ties, and who ranked among the ablest lawyers in the profes- sion, and who was only cheated of great eminence by his early death."
Another prominent pioneer lawyer on the field perhaps earlier than Mr. Huntington was Hon. Thomas H. Blake. He was the President judge of the first Judicial court at its first term before a full bench at the house of Henry Redford, July 24, 1818. His commission was signed by Jonathan Jennings, the first governor of Indiana ; and bore the date of May 14, 1818. He practised law in the village as carly as 1817. In 1826 he was sent to Congress. In 1842 President Tyler made him the commissioner of the General Land Office. Captain Earle says of Col. Blake: "He was six feet in height, and well proportioned, light hair, neatly trimmed side whiskers, well brushed forward, always well dressed, the ruffle of his shirt standing out beyond his vest, with a smooth glossy hat, polished boots . in short, Col. Blake was the greatest man in Terre Haute in my youthful imagination except Maj. Lewis."
At this meeting of the court, among others that were ad- mitted to the bar, were Lewis B. Lawrence and Charles
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Dewey. The latter became eminent as a lawyer, and for many years was one of the judges of the Supreme Court of Indiana. Our only claim upon Judge Dewey, therefore, is that he was admitted to the bar in Terre Haute. Mr. Law- rence, however, took up his residence, and opened an office. Beyond the recorded statement, that he was the legal adviser in all the steps taken in the establishment of Vigo county, scarcely anything is known of him. It is somewhat strange that one so prominent should not have found some chronicler to perpetuate his memory, and yet we are told that there was as yet " no learned bar to pass resolutions, nor newspapers to give flattering obituary notices."
Early in the list of Terre Haute lawyers appears the hon- ored name of Judge Elisha M. Huntington. Bespeaking something of the popularity of the man, he was familiarly called Lish Huntington. I fail to gather data as to his early life, and as to his first coming here. The first mention of a date is in the shape of a card in the Western Register of May, 1827, simply announcing E. M. Huntington as a practising attorney. The date of his appointment as commissioner of the General Land Office does not appear, but in January, 1837, he was appointed President judge to succeed Amory Kinney. He resigned this position in 1841, and in May, 1842, the Senate of the United States confirmed him as judge of the United States District Court of Indiana. Hon. O. H. Smith, in his Sketches of Early Indiana Trials, says of Judge Huntington : "He was comparatively a young man when appointed by President Tyler to the U. S. Judgeship, but he discharged the duties of the office to the entire satisfaction of the bar." He adds further: "His mind is of a high order, his judgment good, and his courtesy to the bar such as to make him highly esteemed by all."
Among our pioneer lawyers Hon. James Farrington held a prominent place. As a public spirited citizen, as well as a learned lawyer. he left his impress upon the community. He was born in Boston, Massachusetts, in 1798. He came to the West and located at Vincennes; but in 1822 settled in
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Terre Haute. He was elected to the legislature in 1825, and in 1831-32. In 1833-34 he was our State senator. He was the first cashier of the Terre Haute Branch Bank of the State. During the existence of the bank, he was its financial adviser, and one of its prominent directors. In all his legal and business relations, Mr. Farrington was careful, correct, and prompt. In 1862 he was appointed by President Lincoln assessor of the Seventh U. S. Internal Revenue District. He closed a life of honor and usefulness, in the seventy-second year of his age. The descendants of Mr. Farrington in our community are proud of the family name, and are guarding well its honor.
Amory Kinney was born in Bethel, Washington county, Vermont, April 13, 1791. He first emigrated to the State of New York. Having been admitted to the bar, he came West and settled in Vincennes. In 1824, he was admitted as a member of the Terre Haute bar. He was elected to the legislature in 1830. In 1831 was appointed President judge by Gov. Noble. In 1833 he was candidate for Congress. He was again elected to the legislature in 1847-8. In 1852 upon the establishment of the Common Pleas court he was elected judge of the court for a term of four years.
The name of Judge Kinney was synonymous with honesty, and uprightness. As a citizen he was universally respected. Without pushing himself into notice, he was prominent in the good work of establishing schools and churches. A quiet substantial man and public servant, he made for himself an enviable record. He died while on a visit to his old home in Vermont in the sixty-ninth year of his age. There are many among us who recall with pleasure the unassumed dignity and kindliness of Hon. Judge Amory Kinney. Gen- eral references will be found elsewhere to Judge Kinney.
Closely allied in social and church relations, and business interests to Judge Kinney was Samuel Barnes Gookins. For years they were associated in the firm of Kinney, Wright and Gookins, in the practice of law. Judge Gookins, in an account written by himself. of his coming to Terre Haute,
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says: "On May 5, 1823, I set out from the home of my boyhood in the town of Redman, Jefferson county, New York, to reach the West by a new route. Our company con- sisted of my mother, a brother of twenty-three, and myself, not quite fourteen." They came by the northern route and on the 18th of June, 1823, landed at Fort Harrison, and then dropped down to Terre Haute, having made the trip in six weeks and two days. The mother died in 1825, and in 1826, Mr. Gookins apprenticed himself to J. W. Osborn, editor of the Western Register. Afterwards he was associated with John B. Dillon in editing the Vincennes Gazette.
Mr. Gookins by the advice of Judge Kinney began the study of law in Mr. K.'s office, and was admitted to the bar in 1834. In 1850 he was appointed by Governor Joseph A. Wright, though of opposite politics to the Judgeship of the Circuit court. In 1851 the new constitution having been adopted whereby many changes were required, Judge Goo- kins was put forward and elected to the legislature. He served on many committees the most important being that of the reorganization of the courts. By the new constitution, the judiciary was made elective by the people. Cooperating with prominent members of the profession a vigorous effort was made to keep the choice of judges, especially of the Supreme court, out of the range of politics, but it was un- successful. He held the position of judge of the Supreme court for three years, when he resigned. He practised law in Chicago from 1858 to 1875. Judge Gookins stood high in the profession. As a life long citizen he was proud of Terre Haute, and was quite ready to claim it as his native city growing up here as he did from childhood. He died in Terre Haute in 1880.
Solomon Wright was among our prominent citizens, and early took up the practice of law: He must have been of that class of men, who attend to their own business, as very little can be learned concerning him. Mr. Earle says: "Solo- mon Wright was a hatter by trade, and worked for Mr. McCabe, but being of a studious turn took to the law, which
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he practised successfully for many years. I never heard him make but one speech in court, and that was on a murder trial, at Marshall, Ill. I took dinner with him that day, and we rode home in the night, through the almost unbroken forest." Mr. Wright was for a number of years a member of the prominent law firm of Kinney, Wright and Gookins.
George W. Cutter was one of Terre Haute's bright young men. He was related to the family of Mr. Osborn, our pioneer editor, and studied law in the office of Judge Kinney. He opened an office for the practice of law. He was also elected a member of our State legislature. He was doubt- less more of a poet than a lawyer or politician, and so his name will appear below in the chapter on Early Poets and Poetry.
Cromwell Woolsey Barbour, as a Terre Haute boy, at- tended school in the Old brick school house on the northwest corner of Fifth and Walnut streets. At an old settlers' meet- ing held in Terre Haute, Mr. Charles T. Noble, who was one of our village schoolmasters said: "I want it under- stood that C. W. Barbour was one of my pupils; and I would say further that Mr. Barbour was a good boy at school." He attended college at Bloomington, Indiana, about the year 1829. After leaving college he en- tered the law office of Judge Isaac Blackford, at Indianapolis. In 1835 he was admitted to the bar and formed a partnership with Hon. R. W. Thompson, which proved to be one of the strongest firms in the State. In 1850 he was elected a member of the Constitutional conven- tion. He helped to lay firm foundations. Especially in the matter of public education, he is said to have been the " leader in that body." In 1852 he was elected president of the Prairie City Bank. In 1861 he removed to his farm in Fayette township, which consisted of three hundred and fifty acres of land, beautifully situated, well watered and wooded. He enjoyed for many years an ideal home surrounded by a large and happy family. He was married in 1840 to Derexa, the accomplished daughter of Benjamin Whitcomb. Mr.
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Barbour passed away at his home on May 5, 1889, in the eighty-first year of his age.
There was something in our little town in early days that made it attractive to eminent men. Gov. James Whitcomb was among the number. He came to Terre Haute in 1841, and opened a law office. He enjoyed quite a reputation for scholarship, and already was a prominent member of his party. In 1843 he was elected governor and from the gov- ernorship " was rotated by his party " to the Senate of the United States. " As was said of Martin Van Buren, he pre- ferred going fifty miles to see a man in political matters to writing him a single letter on the subject." Mr. Whitcomb was born near the town of Windsor, Vermont, in 1795. He died in New York, Oct. 4, 1852. He was buried at Indian- apolis. Although our claim is slight, yet we are glad to recognize his citizenship with us, though he resided here but a short time.
Edward A. Hannegan was another eminent man, who was attracted to Terre Haute. His expressed wish was that if he could not have a residence in Terre Haute, he would have his remains buried there. This wish was complied with, and in 1859 his body was brought here from St. Louis and was interred in Woodlawn Cemetery. I searched in vain for the grave of this eminent Indiana Senator, and only by the aid of the janitor with the number of the lot, could it be found. Instead of an imposing monument there stands only a very small headstone bearing no date, but simply the name :
E. A. HANNEGAN.
Mr. Hannegan was a native of Ohio. In early life he re- moved to Lexington, Kentucky. Then he came to Indiana, and settled at Covington, where he made his home for many years. His career was a brilliant one at the bar, and in politics. First he served his district in the State legis- lature, and afterwards was sent to the United States Senate, where he was recognized as second to none as a brilliant
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orator. But a dark cloud settled upon his life. Others have pierced its depth, and brought to light all the fearful circum- stances, but in so short a sketch it is well to pass over this, and in closing say: Mr. Hannegan, by a sacred wish, en- trusted his ashes to our keeping, and his friends ought to see that a permanent stone mark the place of his burial.
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CHAPTER XIX
EARLY COURTS, LAWS AND LAWYERS-CONTINUED
THE names of W. D. Griswold, and John P. Usher are almost inseparably connected. As lawyers they began busi- ness in Terre Haute together in 1839. Of their first meeting at the Prairie House, kept at that time by Mr. Theron Barnum, Mr. Griswold writes: "Here on a frosty morning in the fall, as I left the breakfast table, I was followed first by a young strange guest, and meeting face to face before the bright grate, we nodded our respects, and opened up a talk which was the introduction to an intimate business, and brotherly association and intercourse of fifty years. I had been in Terre Haute about a year and a half (half of the time as a teacher). I had a compound lodging and office in the one-story building at the corner of Second and Cherry streets." From a long and successful career as a lawyer Mr. Griswold became a prominent railroad man, and in time re- moved to St. Louis.
The career of Mr. Usher was even more brilliant in that when he was made a member of Mr. Lincoln's cabinet, his reputation became national. It is said, however, that he ap- peared at his best as "a court and jury lawyer." He too drifted into railroad affairs, when he accepted the position of- fered him by the Union Pacific Railroad. This was the occa- sion of his removal to Lawrence, Kansas. Mr. Usher's death occurred in 1889. He was born in Madison county, New York, in 1816. His residence here was on Ohio street, the same now occupied by Mr. H. Hulman.
There were two lads who started in life as Terre Haute school boys ; and sooner or later chose the study of law as a profession. One of these was Blackford B. Moffatt, the son
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of Judge James T. Moffatt, who was among the early pioneers of the village. Blackford went to school to Mr. Benjamin Hayes. He also attended the high schools taught in the town. In these schools he prepared for Bloomington College, from which he was graduated in 1844. He also was graduated from the law department in 1851. Admitted to the bar, he opened an office in Terre Haute and met with flattering success. Mr. Chauncey Rose spoke of him as one of the most promising young lawyers of the town. He is still remembered by many of his old clients, who speak en- thusiastically of his skill in managing cases, and his thorough grasp of the law. In the midst of his career, however, he was cut down by death, which occurred May 21, 1864.
Charles Cruft was the other lad referred to above. He was born in Terre Haute Jan. 12, 1826. His father, John F. Cruft, was a pioneer merchant. Being educated himself, and embued with the New England love of learning, he gave his son all the advantages of our village schools. His early teachers were Miss Bishop, Charles T. Noble, and W. D. Griswold. He was then sent to Wabash College, Crawfords- ville, then under the presidency of Rev. Charles White, D.D., who has been termed, " The ideal College president." He was graduated in the class of 1843. In furthering his plans he engaged as an assistant teacher in the Classical school taught by Rev. Robert Croes, on the southeast corner of Third and Ohio streets. He was employed as clerk in the State Bank, after which he studied law in the office of his old preceptor, W. D. Griswold. Mr. Cruft was admitted to the bar in 18448. For some time he was actively engaged in railroad affairs. After this he formed a law partnership with the lamented John P. Baird. It is recorded of this firm : " That the brilliant genius of Col. Baird as a pleader and court advocate, was equalled only by General Cruft's ability as an adviser and counselor, and to the latter fell all the office details in the innumerable causes in which they acted." There was no law firm stood higher than the well known firm of Baird and Cruft.
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General Cruft's war record gave him a national reputa- tion. He entered the service as Colonel of the celebrated Thirty-First Regiment, Indiana Volunteers ; and was mus- tered into service Sept. 20, 1861. The regiment went im- mediately to the South by the way of Evansville, and was with Grant at Fort Donelson, and Shiloh. For remarkable gallantry at Shiloh, Cruft was promoted to the rank of Brigadier general, July 16, 1862. In the simple record of the battles participated in, lies a volume of history that can never be written pertaining to the bravery and heroism of both officers and men.
Perhaps nothing can be written that will give so correct an estimate of the warrior and the man, as his own noble sentiments delivered in his address at the reunion of the army of the Cumberland, at Chicago in 1868. He said : " Your example in quietly returning to your homes from the bloody scenes of four years of war, is full of meaning and instruction. The lesson to be learned from such con- duct was not lost to the world. To-day the monarchs of Europe wonder how it was done. All civilization is aston- ished to know how one million of volunteer soldiers, who have fought to a successful issue the most malignant civil war which time has yet recorded, have quietly stacked their arms, and betaken themselves to civil pursuits." Such com- mendation and appreciation is healthy reading, and bespeaks the mind of a royal as well as loyal American citizen.
It is recorded of General Cruft that during his long career in the Masonic fraternity, as well as in the G. A. R. and other Military organizations, " he displayed a most wonder- fully retentive memory of names and faces, and could place with great correctness all the brothers and comrades with whom he may have come in contact." But the final record must be written. General Charles Cruft died of heart dis- ease after a short illness on the morning of March 24, 1883.
William K. Edwards emigrated from Kentucky into Indiana in 1820. He was related on his mother's side to Gen. Zachary Taylor, who afterwards became president of the
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United States. Col. Edwards was graduated from the State University at Bloomington, in 1841, under the presidency of the distinguished Rev. Dr. Wylie. He opened a law of- fice in Terre Haute in 1843. In 1845 he was elected a member of the State legislature. Subsequently he was re- turned to the legislature on three different occasions, and at one time served as Speaker of the house. He enjoyed the reputation of being " the best posted parliamentarian in Indi- ana." As an Odd Fellow he was Past Grand Master of the State, and was active in the work of organizing and building up sister lodges. He was prominent as a politician, but was " signally free from partisan bitterness." As a citizen he stood ready to serve the community in humble as well as high places. Col. Edwards was the chosen confidential ad- viser of Mr. Chauncey Rose. His counsel was not only sought, but followed. He was prominent as a Mason as well as an Odd Fellow. He was widely known throughout the State; and everybody at home knew Col. Edwards. He was a gentleman of the old school, friendly, polite and approachable. To know Col. Edwards was to re- spect him. His death occurred in Terre Haute Sept. 25, 1878. " The announcement called the whole State to put on the emblems of mourning." Friends from home and abroad gathered at his funeral to pay their last respects to the hon- ored dead.
Harvey D. Scott was a native of Ohio, but canie to Terre Haute in 1838. He studied law in the office of Hon. R. W. Thompson ; and after his admission to the bar was associated with him in the practice of law for some eight years. In 1852 he was elected as a member of the State legislature, and in 1855 was sent to Congress. In 1858 he was made treas- urer of Vigo county and was reelected in 1860. He was elected State senator in 1868 for four years ; and in 1872 was reelected for a second term. Mr. Scott stood high in the community as a man and a citizen. He was plain, honest, and unassuming. His friends sometimes thought he was too honest for his own good, as he would often advise his
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