USA > Missouri > A History of Missouri from the Earliest Explorations and Settlements Until the Admission of the state into the union, Volume III > Part 4
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HISTORY OF MISSOURI
mother and five sisters, and settled on Randall creek. He im -. mediately took a prominent position in the political affairs of the territory and secured a good law practice. Prior to his emigration to Missouri Buckner resided at Corydon, in Indiana territory; but when slavery was excluded from the new state of Indiana he moved back to Kentucky. Of course he was an ardent pro-slavery advocate. Soon after he arrived in Cape Girardeau county he was appointed Circuit Attorney, and later was elected a member of the constitutional con- vention. In 1822 he was a member of the state senate and in 1831 was elected third United States senator from Missouri. He organized the first Masonic lodge in the territory, "Unity Lodge," at Jackson, in 1818, under charter of the Grand Lodge of Indiana. He died of the cholera in 1833 on his farm.
Timothy Davis, born in Newark, New Jersey, in 1794, moved to Kentucky in 1816 and came from Kentucky to Jackson in 1818 to practice law, but remained only about eighteen months; he then removed to Ste. Genevieve, and from there to Iowa territory, repre- senting that state afterward in Congress. He was an uncle of Greer W. Davis who came with him to Jackson, studied law under him, and in 1819 was admitted to the bar. Greer W. Davis was elected Circuit Attorney for the lower southeast circuit and filled the office for 17 years. He was a learned lawyer, attentive to business, and an impressive speaker. He and General Nathaniel W. Watkins began the practice of law about the same time at Jackson. Watkins was a native of Kentucky, reared near Georgetown in that state, and a half-brother of Henry Clay. For half a century he was engaged in all the important criminal and civil cases in southeast Missouri. He practiced in all the southeastern counties, every spring and fall traveling on horseback from one county-seat to another, usually in company with Greer W. Davis and the Circuit Judge. He possessed great oratorical powers, was very sar- castic, vehement or denunciatory as the occasion might require. In appearance he greatly resem- GEN. N. W WATKINS bled in some respects his illustrious half-brother. In 1850 he was Speaker of the General Assembly of Missouri, and in 1875 a member of the constitutional convention.19
19 Among other noted lawyers of Jackson may be named John Payne, a native of Virginia who came to Jackson to practice law in territorial days and died there in 1824; Jason Chamberlain, a native of Vermont, of whom Lucas
25
GEORGE TOMPKINS
As already stated Edward Hempstead was the first lawyer to settle north of the Missouri river. He practiced law at St. Charles before he removed to St. Louis. Afterward we find James Devore and Ever- hard Hall located as lawyers there, so also William Smith, James McCall and Robert W. Wells. Wells was born in 1795 at Winches- ter, Virginia, and in 1818 began the practice of law at St. Charles. In 1821 he was made circuit attorney of the St. Charles circuit, and in 1826 elected Attorney-General of the state. When Judge Peck died he was appointed Judge of the United States District court. He died in 1865. He was considered a very able judge, and it was said that he did more than any other judge, "living or dead for the eluci- dation and correct exposition of the United States statutes on which the land titles of Missouri depend," and that the state was ROBERT W. WELLS impoverished by his death. Although he did not enjoy the benefit of an early education, by indefatigable study he became "a good classical scholar.""0 He married Miss Amanda Rector, July 20, 1820.
After the Boone's-lick country was opened to settlement, Howard county organized, and Franklin laid out in 1816, and made the county-seat of the new county, a number of lawyers settled there. Here also, in 1818, the United States land-office was opened. Thus Franklin, or "old Franklin" became the business and political center of the whole upper Missouri river country. Judge George Tomp- kins, almost immediately after the town was established, opened his office there. He was a native of Charlotte county, Virginia, born there in March, 1780. From Virginia, when about 20 years of age, he removed to Jefferson county, Kentucky, where he taught school
said that he was a man of "respectable talents and excellent reputation," and was generally known by the delegation of Vermont in Congress; Gustavus A. Bird lived there in 1818-19, and was then a partner of Evans; for some cause Bird was ordered by Judge Thomas to be imprisoned for two hours for con- tempt of court, Bird then announced that he would withdraw from practice in the circuit over which Judge Thomas presided, and was then ordered by the Judge to be imprisoned for six hours more for contempt, "for the manner and substance of his speech" made in regard to the matter. All this finally led to the impeachment of Judge Thomas, which we have already mentioned.
2º Among others connected with the legal profession there we find Thomas French, in 1820 a notary public at St. Charles, who in the "Missourian" says that he thinks "it is not improper that the duties of the office, generally, should be made known," and then proceeds to explain in his advertisement, in general terms, the duties of a notary public.
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HISTORY OF MISSOURI
several years, and thence removed to St. Louis, arriving in about 1817. Here too he also taught school; but while so engaged he studied law and afterward was admitted to the bar. He then removed to Franklin, and quickly attained a position of influence. He was twice elected a member of the General Assembly. In 1824, was ap- pointed one of the judges of the Supreme court. This office he filled until he attained the age of 65 years, the constitutional limit of age, when he resigned and retired to his farm near Jefferson City where, in April, 1846, he died. His decisions in our early Reports clearly show that he was a man of ability and integrity, but it is said that though of a kindly disposition, he was whimsical and eccentric. On one occasion a lawyer named Mendall was arguing a case before the court, attired in a most slovenly manner; when just before the usual hour of adjournment Judge Tompkins said to him in a kindly manner, "Mr. Mendall, it is impossible for this court to see any law through as dirty a shirt as you have on, we will adjourn to give you an opportunity to change your linen." 21
Hamilton Rowan Gamble, although most of his life was passed in St. Louis, began his career in Franklin. He came to St. Louis in 1818. His brother, Archibald Gamble, was at that time Clerk of the Circuit court and he acted as his deputy for a short time, but, removing to Franklin, he was appointed circuit attorney of the new western circuit. In 1824 Governor Frederick Bates appointed him Secretary of State, and he took up his residence at St. Charles, then the temporary seat of the state government. After the death of Governor Bates he removed to St. Louis and entered upon the practice of law there. He attained great eminence in his profession, devoting himself principally to the great land cases involving property daily becoming more valuable on account of the rapid growth of the city. When Judge W. C. Carr was impeached, in 1832, he was one of his counsel. In 1846 he was a member of the legislature. In 1851, although the Whig party to which he belonged was greatly in the minority in the state he was elected judge of the Supreme court, receiving at least forty thousand Democratic votes; and in 1861 he was elected provisional Governor of Missouri. As a lawyer "he seldom addressed a jury, but was retained in all impor- tant land suits, followed them in person and became widely known as a jurist. He was slow of speech and not eloquent, but no man had greater capacity for clear, brief and logical statement of facts 21 Scharff's History of St. Louis, vol. 2, p. 1470.
27
ABIEL LEONARD
and law."22 He was a native of Winchester, Virginia ; born 1798; edu- cated at Hampden Sidney college, admitted to practice law before he attained the age of 18 years; and died, January 31, 1864, at St. Louis.
Another distinguished lawyer of northern Missouri was Judge Abiel Leonard who arrived at Franklin in 1819. Leonard was born at Winsor, Vermont; he received a classical education, attending Darmouth college, although he did not graduate. He studied law at Whitesboro, N. Y .; was admitted to the bar, and then started west from Pittsburg. Floating down the Ohio in a canoe which he paddled up the Mississippi, he arrived at St. Louis, where he remained a few days before starting on foot to walk to Franklin, then the Ultima Thule of adventurous legal spirits. On the way, however, he became sick, probably with bilious fever, and was then detained at St. Charles, but he recovered and was able to reach Franklin. In the neighborhood of the town he taught school for six months, and it is related of him, says Judge Henry, that he was "so impecunious that he washed his own clothes in the Bonne Femme." After the close of his school he opened a law office at Boonville, opposite Franklin, where he was admitted to the bar in March, 1820; but in 1821 he removed to Franklin. He was appointed Circuit Attorney to fill the vacancy caused by the resignation of Hamilton R. Gamble. In 1823 after Fayette was laid out and the county-seat removed to that place he took up his residence there. He became involved in a duel with Major Taylor Berry in 1824 on account of the cross-examination of a witness in a case in which Berry was attorney. After court adjourned for noon, the witness and Berry being both greatly offended, the former threat- ened to make a personal assault on Leonard, but Berry told him to let him attend to the matter. When Leonard returned from dinner Berry met him and struck him several times with a whip,- "cow- hided him" according to the saying of the time. Leonard, being unarmed, could not make the slightest resistance, but he challenged Berry and the challenge was accepted. When it became known that Leonard had done this he was arrested by direction of Judge Todd and required to give bond to keep the peace; but upon being ar- raigned he said to the judge, "Name the amount of the bond, for I am determined to keep my appointment with Major Berry." The details of the duel were arranged by Thomas J. Boggs 23 and 22 Scharff's History of St. Louis, vol. 2, p. 1468.
23 A brother of Lilburn W. Boggs, who in 1836 was elected Governor of Missouri.
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HISTORY OF MISSOURI
August Langham for the parties. It was stipulated that the en- counter should take place near the town of New Madrid on the Missis- sippi river, either in Kentucky, Tennessee or Arkansas, and the date of the personal meeting was fixed at 10 o'clock A. M. the first day of September, 1824, "the arms to be used by the parties shall be pistols, each party choosing his own without any restriction as to kind, except that rifle pistols are prohibited." At Point Pleasant on August 31st the date of the meeting was changed to 4 o'clock, "the dress an ordinary three quarter coat." At St. Louis on his way to New Madrid Judge Leonard came near being arrested, the authori- ties having heard of the plans; but he was enabled to escape by the presence of mind of Mr. Boggs who, when the police appeared and asked for Leonard, arose and said, "That is my name." All the parties arrived at New Madrid and on the 31st of August were at Point Pleasant, and in the shadow of the primeval forest, on an island near there, and not "on Wolf island" as is supposed, the duel was fought at 4 o'clock. Berry fell at the first fire, shot through the breast. Dr. J. J. Lowery was Berry's surgeon and Dr. Dawson of New Madrid was the surgeon of Leonard. After the duel Berry was taken to New Madrid, and although his wound was serious he was in a fair way to recovery when he contracted a cold and died there. Leonard was both disfranchised and debarred from the prac- tice of law, but so strong was public senti- ment in his favor that in the next legislature he was restored to his citizenship,24 and, when Judge Gamble resigned, he was ap- pointed Judge of the Supreme court. Judge Leonard died March 28, 1863. As a lawyer he long occupied the foremost position in central Missouri. His industry JUDGE LEONARD was persistent and indefatigable; he was deeply imbued with the idea of the importance of the great principles of justice that should underlie every case. Shackelford, when a student under him says that he often told him, "When you have a case presented see well to it that your client is right on principle and justice and when so convinced then look for authority."25 Apparently he was " See Chapter xxv for particulars of the many duels during the territorial period. A petition to restore him to the privileges of citizenship was circulated in Howard county and signed by 1,400 persons and presented to the legislature.
"Shackelford's Reminis onces in History of Bench and Bar of Mo., P. 394.
29
TAYLOR BERRY
cold and indifferent to others, because as he walked along the street absorbed in his own thoughts he often passed people he knew well without salutation, but this unsympathetic and preoccupied manner only indicated the absorbing mental work in which he was always engaged. Judge Henry says, "he was abrupt in his manner," but had a "warm and generous heart." To illustrate, Shackelford says that on one occasion Leonard met a poor man who was under the influence of liquor, whereupon Judge Leonard extended his hand and gave the man a cordial greeting; then as the man passed on Leonard said to him, "That poor man went to school to me, I expect you think he is not a very credible scholar." During his life he suffered much from his eyes; he was compelled to abandon his course of study at Dartmouth on account of their weakness, and when he studied law he employed Littlebury Hendricks, who afterward became a promi- nent lawyer in southwest Missouri, to read for him; but when at last he had his eyes thoroughly examined found that the trouble was only a defect in focus which was remedied by glasses.26
Taylor Berry, who lost his life as a consequence of the duel with Judge Leonard, was born in Kentucky; during the war of 1812 he served as paymaster in the army and when General Hull surrendered at Detroit he saved the public funds by concealing them on his own person and the persons of other officers. In 1815 he was a Major in the line and Deputy Quartermaster-General for Missouri. He seems to have had some controversy with Mr. Charless on account of what he considered "disrespectful remarks" published in the "Gazette," and hence issued a handbill in reply in which he severely censured Mr. Charless. The latter in a sarcastic answer, said that he did not publish the report made by Berry in full "because I always give preference to merit in the selections for my paper," and that if he should employ "his pen and press" in future to record "his achievement" he would announce him as "Major Taylor Berry, Deputy Quartermaster-General." This seemed to end the matter, Major Berry doubtless realizing the disadvantages of the private citizen in controversy with a newspaper. After the close of the war Berry settled in Franklin. Here in 1823 he was appointed post- master, but continued the practice of law until his death.27
" Shackelford's Reminiscences in History of Bench and Bar of Mo., p. 394.
27 Among other early lawyers in Howard county should also be enumerated John Payne (1820), who removed from St. Charles to Franklin to practice law, his business at St. Charles being turned over to Howard F. Thornton. For a time Payne owned an interest in the "Missouri Intelligencer." He died in
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HISTORY OF MISSOURI
At the March term, 1820, of the Cooper county Circuit court the following attorneys, probably all the attorneys practicing in that then far out-of-the-way region, were present: George Tompkins, John S. Brickey, Peyton R. Hayden, Cyrus Edwards, John S. Mitchell, Hamilton R. Gamble, Andrew McGirk, Robert McGirk, Abiel Leonard, John F. Ryland, and Armistead A. Grundy,28 Dabney Carr, William J. Redd and John Payne. Hon. David Todd was Circuit judge and John S. Brickey Circuit attorney. Of the lawyers named Peyton R. Hayden and John S. Brickey then resided at Boonville. Hayden was long one of the most conspicuous lawyers of central Missouri. He was born in Bourbon county, Kentucky, in 1796, where he read law and was licensed. In 1817 he came to Franklin, remaining there until December, 1819, when he removed to Boonville. Here he resided until his death which occurred Decem- ber 26, 1855. He was the first attorney admitted to the practice of law by the Circuit court of Cooper county, March, 1819. Although licensed in Kentucky he did not at once, when he arrived at Franklin, attempt to practice law, but taught school in the county for twelve months, and then, having by this means secured some funds, he opened his office. After settling in Boonville he gave all his time to his profession, practicing law in all the counties of central Mis- souri. He was noted for the industry, energy and zeal with which he advocated the cases of his clients. His zeal in their behalf sometimes involved him in personal trouble. Judge Henry says that on one occasion he gave offense to a man named Ned Simpson, a person of some notoriety in Boonville. Hayden being corpulent was therefore not exactly in form for a street fight, but his quarrel with Simpson precipitated just such a fight. After the two had fought some time they were separated by the spectators, and Hayden, holding to a fence, panting from the unusual exercise, called on those present, "Hold him until I get my breath and I will whip
1821. Dabney Carr practiced law in Franklin (1820), but on his way to Kentucky to make a visit died in St. Louis in 1822. He was a brother of William C. Carr. They were the sons of Walter Carr of Fredericksburg, Virginia, his mother being Elizabeth Chiles, of Fluvanna county of the same state, and of this marriage 13 children resulted. Other attorneys in Franklin were Augustus Evans (1819), Andrew S. McGirk (1819), and who was Register of the land office at Lexington in 1827 and W. J. Redd (1821). John B. Wallace gives notice, in 1821, to the readers of the "Intelligencer" that he "will act as scrivener." Charles French came to Franklin in 1817; was a native of New Hampshire; born 1797; afterward attacked by melancholia took his own life: he was in partnership with Judge Tompkins for a time.
" A brother of Felix Grundy.
31
JOHN F. RYLAND
the d- rascal."2º Hayden had no literary acquirements, and took no interest in polite accomplishments or learning. Shackelford says that on one occasion a young man named Fields was entertaining some of the young lawyers attending court, with quotations from the poets, turning to Mr. Hayden who was present, asked "Mr. Hayden, what do you think of Byron's 'Childe Harold'?" and that Hayden replied, "Egad, sir! I didn't know Byron had a child Harold! " 30
Judge John F. Ryland, who for many years occupied a distin- guished position as a jurist in central and western Missouri, was born in King and Queen county, Virginia, in 1797. When he was 12 years of age his father removed to Kentucky. Judge Ryland was educated at Forest Hall academy, an early institution of learning in that state; after graduating he opened and taught a private school, and read law with Judge Hardin. When he was admitted to the bar removed to Missouri territory and settled in old Franklin in 1819. Here he practiced law until he removed to Lexington. He was one of the earliest practitioners in the circuit south of the Missouri river. In 1830 he was appointed Circuit Judge of the sixth circuit, and in 1848 appointed Judge of the Supreme court, and sub- sequently, in 1849, elected to the same position. He died in 1873. Judge Ryland was a tall and spare man, and decided in manner; as a judge he was very popular; with a reputation for being very considerate. It is said that when he decided a case against any one he always made the party feel as if he did so with regret, certainly a faculty calculated to make a judge popular. He traveled all over the western part of the state attending court when it required no little endurance, and meant much hardship. His name is indissolubly connected with the judicial annals of Missouri, and it has been well said of him, "His professional and JOHN F. RYLAND judicial life is one of the crowning glories of the profession of the law."
After Pike county was organized the first court met at the house of Obadiah Dickson, at Louisiana, in 1819, Andrew Edwards, John Jordan, James Bryson, Joseph Johnson and Peyton Watson, com- missioners, having selected this town as the county seat. The
" Henry's Personal Recollections, History of the Bench and Bar of Mo., p. 391. 30 Shackelford's Reminiscences, History of Bench and Bar of Mo., p. 398.
-
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HISTORY OF MISSOURI
first lawyer who settled there was Judge Ezra Hunt. He was born in 1790 at Milford, Worcester county, Massachusetts. In 1816 he graduated at Harvard College and in the following year came west and taught school for a year in Tennessee. In 1818 he reached St. Louis and read law in the office of William C. Carr. In August, 1819, he came to Pike county and at the first term of the Circuit court was admitted to the bar and began to practice his pro- fession. From that time until his death which occurred in 1860, he attended every session of the Circuit court, either as attorney or as Judge. He was deservedly esteemed by the people and it is said that "he was a profound lawyer and discriminating Judge and an eminent scholar," and that "he never failed to practice those pri- vate and domestic virtues that won for him in a pre-eminent degree the confidence and respect of the masses." He did not use his legal knowledge to enrich himself as is too often the case now,- nor did he employ "his immense legal knowledge to enhance his own selfish interests by taking advantage of the ignorance of private individuals or public officials." He was in the habit of serving those who came to him first, without respect to sex, rank or wealth, and so it was that on one occasion he was engaged as counsel against an unsophis- ticated widow lady, who nevertheless sought his advice and "upon telling her that it was not proper for her to communicate facts to him as opposing counsel, or for him to give advice, she still persisted 'say- ing, 'Well, what is the difference? Can't you advise me too?' He again explained why he could not. 'But,' she continued, 'I don't see why you can't. Everybody says you are an honest lawyer, and that is just the kind of a one I want. You will have to hear the evidence anyhow, and if you get the straight truth of it, I don't see why you can't act for both of us as well as GREER W. DAVIS one.' " 31 He was a man of polished manners. Nor need it surprise us to learn that he never accumu- lated a fortune.
All these worthies so distinguished in the legal annals of the territorial days of Missouri, have now gone to their long home. It was my privilege to know two of them, General Nathaniel W. Wat- " History of Pike County (1888), p. 223.
33
GREER W. DAVIS
kins and Greer W. Davis, heretofore mentioned, who survived all their contemporaries, standing alone as it were in a new world, almost amid a new race, after the tempest of the Civil war. When I first met them they were both still in active practice, Greer W. Davis giving his attention to legal business in his county, but General Wat- kins full of energy, aggressive and apparently yet possessed of the un- quenchable fire of youth, attended the circuit courts of some of the lower southeastern counties for several years afterward. In 1875 he was elected a member of the constitutional convention, and elected its Vice-President, a fit tribute to his long and useful life. He died in the following year, 1876, on his estate "Beechland" in Scott county. Greer W. Davis, the last of the territorial lawyers, died at Jackson, February 25, 1878, active and industrious almost until his last day. For fifty-four years before his death he was a consistent member of the Methodist church at Jackson.
CHAPTER XXIV.
Settlement of Spanish Land Titles - A Subject of Lively Interest - Appoint- ment of Special Land Commissioners - Land Values Enhanced by Change of Government - Immense Land Grants Secured by Speculators - Questionable Methods Employed - Efforts of Lawyers Aided by Clients - Congressional Legislation - Personnel of Board of Land Commissioners - Secretaries Appointed by the Commission - Frugal Expenses - Confusion Concerning Rights of Lead Miners on Public Lands - Public Ownership of Lead Mines Recommended in 1805 - Correspondence with President Jefferson Concerning Public Lands - Daniel Boone's Grant - One of the Land Commissioners Assaulted - Unconfirmed Claims made a Political Issue - Benton, Favoring Such Claims, Elected to United States Senate - Additional Congressional Legislation.
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