History of Davidson County, Tennessee, with illustrations and biographical sketches of its prominent men and pioneers, Part 119

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, J.W. Lewis & Co.
Number of Pages: 1013

USA > Tennessee > Davidson County > History of Davidson County, Tennessee, with illustrations and biographical sketches of its prominent men and pioneers > Part 119

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

In November, 1838, he received his license to practice law at the hands of Judges Scott and Keith, and located at Cleveland, county-seat of Bradley Co., Tenn.

This was only three months after the removal of the last detachment of Cherokee Indians from the district in which young Gaut had settled. Much litigation immediately arose concerning rights to lands, and Mr. Gaut soon found himself in a lucrative practice throughout the judicial dis- trict.

On the 26th of September, 1839, he married Miss Sarah Ann McReynolds, of McMinn Co., Tenn., by whom he had seven children. Of these but two are now living,-his son, John M. Gaut, and his daughter, Mrs. Ann G. Manlove, both of Nashville, Tenn.

Mr. Gaut continued the practice of law in the district of his first location until 1853, when he was elected by the General Assembly to fill the office of circuit judge made vacant by the resignation of the Hon. Charles F. Keith, and in the following year, when under the constitutional amend- ment the office became one of popular election, he was, on the 25th May, 1854, elected to the same position for a term of eight years. Although a Whig, and residing in a dis- trict largely Democratic, his majority was about eleven hun- dred votes.

At the expiration of his first term in 1862 he was re- elected by the people, and held the office until the spring

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HISTORY OF DAVIDSON COUNTY, TENNESSEE.

was ra bes to their pay hardly clothed them, let alone lecce wanted to pay their mess bills. Such a bill, it is i: poset ou thouses, and got no notice of the same has twee received by the aray. If the bell has passed. Histori as should be given to the commissaries to pat it : " gratin at ones, or else our others will be obliged to steve if they are coup led to pay the prosent exorbitant .al. . or po issons No oficer in the commissary depart. ever t. bored with such zeal and de v tion in procuring '. f. our arty a Maj. Brown, knewa to all our [ ... ale Fem Mg. Brown, wie was over vous of age was fimn Zo Scendere conduisary.

! .. . and the army of how we are breaking out .. fut. w.r. The server that a long on the field at ; ! SIoch and work from. Bu kombate from his he at the :. it was working The . Hvis of this brave and lerin old soler have lost atly melo hed, and de. serve at de hands of ise s sang at something more than for . ten sport mention "

Dating the four years of steine, this mobile old man, sop- arated from home and family, demived of the case and Starts of life to winch be had been so accustomed, beating the cold and forms of winter, these treting heat of summer, with its tollsome marches and bloody battles, was never boord to com; lin, but alsogs cheertal and hope- fal, encouraging his younger contades by wood and exam- pe. Such devoted patriotism, sus sie dleges of papere; and such sacrifices, without personal gain or the hope of reward save he sansfaction of ironing dar bis duty tarh. fully. bespeak a heroism of which the more ambitions, who hold higher official stations, ma Jt be justly proud.

After the war, instead of yielding with a hopeless inse- tivity to the hard fate it had brought upon him, M g. Brown, even in his advanced age, again entered the field of active business life. Ile identified hirsch in the real- estate agency busines in Nashville, and brought to bear a remarkable energy in his pursuit, and with it marked success, miel the monetary panic of 1873 prostrated it and all other business matters in the South. Notwith- s'. , ling the death of business during this time, he exhib- ited his a-und persistence and enterprise. Upon the inau- poration of Governor Albert S. Marks, in January, 157", as timberner of Tennessee, Maj. Brown was appointed by har of the Capitol building and grounds, 1: ton he now holds. Dieltren hundred and utomtal of Nashville, the major was an wiecate of a due and proper observance of the 1 4. ! nad-1 noch to ir- success by his zoal and Wowacy. Maj. Brown, having charge of the Capi- varde, and observing a space on the east side of the I were left for a statue of his old personal friend and a leader, Gen. Andrew Jackson, became an early ad- . If not the suggester, of the movement resulting in the Far as I Can inauguration of Clark Mille ed brated " sage new age of Jackson. The major, by personal en- " is acting subscriptions, raised nearly all the Fala par bused and plant d it where it is now 1. we anda.

JOHN CONAWAY . AUT

John Conaway Gout, som & drew and I ... . . w. B . in Jeteron Co. Tam. F. M. 27 1- : . the family runneed to M. Mica County, and > Athens. He was the ellest of nie de dan o' . his brother Jose H. now survive. .

His father was a farmer, and with Me ha support could only give th subject of thi- ... mentary education. Working on his fart . . they one yours of age. he then by ther . . with frequent interruptions to advance Meget autour. He was a student at the Forest 1 mer Athene : also, in the spring of ! 'S. I. Literary and Scientific Department of P. T

nesser College, at Knoxville.

His determination had been forum It to me to make the profession of law bis : 1. ai fifteen years his attention was arrested les d ... court at Athens, where young G .t na load of corn. Curiosity Id bin: te. where he listened spell bound to an a. the influence on his imagination " : p and there his decision taken to tit ! such a place as this dequeat speaker, "po mer .I . It will be of interest to the hed f. .. title of the case on trial. It was the a . m .M. against MeConnell and Miller, o porr d'in 76. Y ... . 63.

In October, 1837, lack of many co ap ." turn to his father's house, bat slowly for t. . the study of law in the ofice of the F a Sport at Achens.

In November, 1538 he revet el Li- ha ass law at the hands of Judges Scott and Keith. .... Cleveland, county-seat of Bradley Co. Tern.

This was only three months after the 1. 1. .. detachment of Cherokee Indians from the di .Pt young Gaut had settled. Mach litigation ; arose concerning rights to lands, and Mr. Gru him- If in a lucrative practice through + 11 .. tri.t.

On the 20th of September, 1539. he nur ie " Ann MeRegne'Is, of MeMian Co., Tun. b. w. seven children. Of these but two are now live. . John M. Gaut, and his daughter, M ... Ana ... both of Nashville, Toun.

Mr. Gaut continued the practice of law in . of his first location until 1253, when he was. .. General Assembly to fill the office of ci .. . : vacant by the resignation of the Hon. Chad'es 1 in the following year, when under the consi: . ment the office became one of poptil . . . the 25th May, 1854, dected to the san- p .: of eight yours. Although a Whig. and : - i. . triet largely Democratic, his majority . .. det . dred votes.

At the expiration of his first term in 1- 2 1. elected by the people, and heid the office wert: :

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BIOGRAPHIES.

of 1865 ; he then resigned it to resume the practice of law at Nashville, whither he had removed a few weeks pre- vious.

As a judge he had held court by interchange with other circuit judges and chancellors in at least one-third of the counties of the State. It is but just to him to say that in the estimation of the lawyers who had practiced before him, the people whose rights he adjudicated, and the judges of the Supreme Court who revised his decisions, he ranked among the foremost in his profession.

Judge Gaut was a leader in the one great enterprise which gave to East Tennessee its great agricultural and commercial prosperity,-viz., the building of the East Ten- nessee and Georgia Railroad from Dalton, Ga., to Knox- ville, Tenn. Discreditable failure had attended the first effort to accomplish the work ; to obtain the requisite legis- lation and capital to undertake a second time a work of such magnitude required courage, patience, and public spirit.

In 1846 a few gentlemen resolved to unite for the ac- complishment of the work ; they agreed to give their ser- vices without pay if by so doing they could restore public confidence. Eight years long did Judge Gaut so serve the State in his capacity as a director for the State in this mat- ter ; long journeys on horseback and much valuable time were given without even so much compensation as his traveling expenses.

In politics Judge Gaut was a Whig; in the campaign of 1860, a warm supporter of Bell and Everett. When the clouds of civil war began to threaten, he promptly took sides with the Union, and denied in toto the right or policy of secession.

Recognized as a Union leader, he incurred naturally the ill will of local secession leaders. Much valuable property was taken from him, and his personal liberty constantly en- dangered.

Notwithstanding this, when the authority of the Federal government was established in Tennessee he allowed no feelings of resentment to control him. He used all his in- fluence for the protection of the rights of those who had persecuted him ; he condemned violence and disorder, and favored the earliest possible establishment of civil law and order. He participated in the re-establishment of the State government as a member of the convention convened for that purpose. This assemblage of exclusive Union men, fresh from the dire experiences of war, was naturally radi- cal and extreme in its policy, and in this juncture Judge Gaut illustrated the conservative tendencies of his judicial education, and fought as strongly for moderation as he had opposed the spirit of rebellion. Under such circumstances the instincts of the time-server and politicians to go with the multitude were met by the statesmanship of the true patriot, and signally through this era of fanaticism on the part of Union men in power was Judge Gaut ever found contending for law, for clemency, for moderation.

When, in 1866, the bill disfranchising rebels was pend- ing he wrote several elaborate articles against the bill, which appeared in the Union and American. Although offered any position he might choose in the gift of Governor Brownlow he persistently declined, and continued to wage

war against that extraordinary administration. Affiliation with the party in power being impossible, he found his natural position with the organization known as the " Con- servative Party," and acted as the chairman of its executive committee.

In 1866 he, in connection with John S. Brien and A. S. Colyer, appeared as counsel for P. C. Williams in the memorable habeas corpus case proceedings before Judge Thomas N. Frazier, judge of the Criminal Court of Nash- ville, and subsequently, when it was sought to impeach Judge Frazier for his decision in this case, Judge Gaut, with Edwin II. Ewing, John S. Brien, and E. H. East, defended Judge Frazier before the State Senate.

Space will not permit a résumé of this remarkable case, the only one of like character ever known in this country. The Assembly were the plaintiffs, the Senate the court, but so thoroughly in sympathy with the plaintiffs as to become at once accusers as well as judges.

Judge Frazier's decision in liberating Williams, who was held a prisoner by the Assembly under a charge of contempt for absenting himself and thereby preventing a constitu- tional quorum, was the ground of the action of the Assem- bly in proceedings for his (Judge Frazier) impeachment. The evidence of a criminal intent on his part was lacking, but under the stimulus of popular political excitement, in- tensified to an unparalleled degree, this fearless judge was stricken down, and by a vote of sixteen to four was found guilty and forever debarred from holding office in Tennessee.

The Constitutional Convention of 1870, however, an- nulled the judgment, and the people of Davidson and Ruth- erford Counties re-elected Judge Frazier to the office of criminal judge. The argument of Judge Gaut in this case (now the heat of strife has passed) is regarded as a proud monument to his legal ability, his integrity, and patriotism.

As a member of the Conservative party he opposed the disfranchisement act as illiberal, impolitic, and unjust. He especially controverted the right, even under the extraor- dinary provisions of the franchise law, of the commissioners of registration to open and hold the elections in the State and appoint judges of the same. As chairman of the Con- servative executive committee he directed the sheriffs in the various counties to open and hold such elections without interfering with the attempt on the part of the commis- sioners to hold elections also, with a view of letting the courts determine which elections were legally held. But here again despotic power asserted its contempt for civil law. Governor Brownlow issued a proclamation, and pri- vately notified Judge Gaut if he persisted in encouraging the sheriffs to follow his instructions he would have him arrested and confined in the penitentiary. Counseling and contending for moderation on the part of indignant and violent opponents of the party in power, he encountered and bore with patience the maledictions of the latter, only to effect the political emancipation of those of whose intol- erance he had formerly been the victim.

In this career of politics he, to the best of his ability, stood as a bulwark between the raging factions of rebellion on the one hand and radical Republicanism on the other, actuated by the desire of restoring lawful and just govern- ment to the country and peace to his native State.

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HISTORY OF DAVIDSON COUNTY, TENNESSEE.

On the return of ex-President Johnson to Tennessee in 1869 a public reception by the people of Nashville was accorded him, and Judge Gaut delivered the reception speech.

Upon his removal to Nashville in 1865 he resumed the practice of law, and has ever since occupied a leading posi- tion at the Nashville bar.

On the 9th of June, 1873, Mrs. Sarah A. Gaut died of cholera, and on the 16th of February, 1875, Judge Gaut was married to Mrs. Sallie A. Carter, of Franklin, Tenn. He continues to take the part of a private citizen in State and national politics. He favors a speedy and honorable compromise of the State debt.

JOHN M. HILL.

" All experience shows that the great high-road of human welfare lies along the old highway of steadfast well-doing, and they who are the most persistent, and work in the truest spirit, will invariably be the most successful : success treads on the heels of every right effort."

This maxim is happily exemplified, we think, in the active and useful life of an upright business man, of which the following is a brief and imperfect sketch :

John Melchoir Hill was born in the old town of Lancas- ter, on the 6th of April, 1797, of parents of German de- scent, whose ancestors were among the colonists who settled in that part of Pennsylvania early in the last century.

His parents, Gottleib and Sarah Hill, were in comfortable though not affluent circumstances, and were enabled to give him and his three younger brothers and an only sister a fair education in German and English, but above all they endeavored to instill into their minds a love of virtue, teaching them also the need of relying upon their own en- ergies and character for success in life. Being pious Lu- therans, salutary religious influence was thrown around their young children which ever after clung to them.

At an early age, John, as was the custom in those days, was apprenticed to a substantial old German merchant in Lancaster, and thus started upon the business of his life. At . the expiration of his apprenticeship, being at an age buoy- ant with hope, he determined at once to seek a better field for talent and enterprise than that which seemed to present itself in his native village, and bidding adieu to family and friends, and the green fields around old Lancaster, he started for Pittsburgh, which he then expected would be his future home. But, catching the spirit which at about that time induced many young men of Pennsylvania to go West and South, he with a number of others from about Pittsburgh emigrated to Tennessee, and settled in Giles County, at Pu- laski. Here, however, he only remained for a short time, and finally settled in Nashville, in 1819, being then twenty- two years old.

On the 21st of July, 1824, he laid the foundation for a future happy life and a great estate by marrying a wise and prudent woman, Miss Phoebe Thompson, a native of Cin- cinnati, descended from one of the pioneer settlers of that part of Ohio,-a woman of great personal beauty, but still more remarkable for her lovely and exemplary character.

She has survived him, and still lives in her old homestead surrounded with all the comforts and elegances of life, esteemed, loved, and venerated by all the young people as well as a host of old friends in the county of Davidson.

In the same year the young couple set up for themselves in a little store-house on the east side of Market Street, about midway between the old Union Hall and the public square, the humble beginning of a most successful and ia many respects a remarkable business career. Cheered and encouraged by his energetic young wife, and assisted by her helping hand, John M. Hill now determined to grow rich, and applied himself to the attainment of this end with a vigor and resolution which nothing could daunt. Exact and conscientious in all his dealings, he at once gained the confidence of the community, and his little store was soon thronged with customers. Managing his affairs with a sagacity and an untiring industry rare in so young a man, at the end of three or four years his business had so in- creased a larger room was now required, and he moved up the street to a store which had been previously occupied by Porter & Rawlins, using the upper story as a family resi- dence.

His business now rapidly enlarged and he soon accumu- lated sufficient capital to extend his operations, which he did by opening two branch houses, one of them under the management of Vernon K. Stevenson and the other in charge of Ralph Martin, both of them young men of pop- ular manners, good habits, and excellent business training. Directing the whole with that clear judgment and sound discretion for which he was so pre-eminent, all prospered. He next formed a partnership with Maj. Joseph Vaulx and James J. Gill, and went into an extensive auction and com- mission business, in a house which stood upon the ground now occupied by Gray & Kirkman's hardware-store. This adventure was also a great success. There being at that time but two or three small jobbing houses in Nashville, large amounts of merchandise were sent out from the East- ern cities to be sold at auction, and it was through this channel that country merchants were mainly supplied with goods.

In 1845, having accumulated a handsome fortune, Mr. Hill retired from active business, being succeeded by his brothers-in-law, George and Charles Thompson. Healways regretted that he gave up active commercial pursuits so early in life, often saying "it was far better to wear out than to rust out." His great success, where so many failed, shows conclusively his eminent business qualities.

We must now speak of his religious life. Overwhelmed for many years with the anxious cares and toils of a large business, he had grown careless, neglecting his religious dutics and seldom entering a church door. But during : great revival in all the churches in Nashville, in the fall of 1833, he became deeply concerned about his spiritual con- dition, was happily converted, and joined the Presbyterian Church, then under the pastoral care of Dr. Edgar. The careful training given him by his pious parents in bis early youth was now bearing fruit, and under the instruction of this godly man he soon became as active and efficient in the church as he was in his store. Earnest and indefati- gable in everything, he was his beloved pastor's right arm.

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HISTORY OF DAVIDSON COUNTY, TENNESSEE.

to the return of ex-President Johnson to Tennessee in I . a pathie reception by the people of Nashville was a su let him, and Judge Gaut delivered the reception

I jon has removal to Nashville in 1865 he resumed the pris w of law, and has ever since occupied a leading posi- the it :he Ne ! vi har.

ta att. 9th of June, 1973, Mrs. Sarah A. Gaut died of 1 : 446, and on the 16th of February, 1875. Judge Gaut we pretied to M.s. Sthe A. Carter, of Franklin, Tenn. It ant unes to take the part of a private citizen in State and national politics. He favors a speedy and he terable o : omise of the Sine d bt.

JOHN M. HILL.

" Ali exteri once shows that the great hi -b-road of human walfar .: lis along the obl highway of steadfast will doing, and they who are the wret peristest, and work in the truest sphit, will invarial'y be the most surcesshudl : success treads on the heels of every right : fort."

This maxim is hagy exemphtiod. we think, in the active and useod life of an upright bu-in 's man, of which. the following is a brief and imperfect sketch :

Joun Molchoir Hill was born in the old town of Imbras- ter, on the 6th of April, 1797, of parents of G quan de- scent, whose ancestors were among the colonist who settled in that part of Pennsylvania eur'y in the last e atary.

Ilis parents. Gottleib and Sarah Hill, wer in comfortable though not affluent circumstances, and were enabled to give him and his thice younger brother and an only sister a fair education in German and I' J'sh, but above all they endeavored to ins'il into the i- minds a love of virtue, teaching them also the need of relying upon their own en- ergies and character for sa .. . 's in life. Being pions Lui- theraus, salutary religious influence was thrown around Wir young childle a chich ever after chung to them.

At an early age, John. as w.s the custom in those days, was aprent'ved to a substantial old German merchant in Lancaster, and they started upon the business of his life. At . the expiration of his apprenticeship, being at ar age buoy- ant with hoea. be determined at once to seek'a better field for talent and enterprise than that which seemed to present is It in 1. vadive village, and bid ling adieu to family and friends are the green field- around old Lancaster, he started for Pit: Ya 4. which b. then expected would be his future home. Rot working the spirit which at about that time indeed many gy & arn of Pennsylvania to go West and & oth, he with a number of others from about Pittsburgh ·migratori to Tonnesspa, and settiod in Giles County, at Pu- 1. - 45. Here, however, he only remained for a short time, an. : Svaly settled in Nashville, in 1813, bring then twenty

Og the Elst of Jaly, 1524. he laid the foundation for a boatre happy life and a great estate by marrying a wise and int woman, Mis Pha be Thom sen, a native of C'in- doncended from one of the pioneer settlers of that, .agora woman of great personal beauty, but still . her lover and exemplary character.

She i. > survived him, and still lives in her d t. : surrounded with all the comforts and el. ..... esteemed. loved, and venerated by all il .. .

well as a host of old friends in the county of P .

In the same year the young couple set up for : : in a little store house on the east side of fish about midway between the old Union Ha ; and . square, the humble beginning of a most 8234 many respects a remarkable business care r encouraged by his energetic young wife a. 1 . helping hand, John M. Hill now determined to - and applied him-elf to the attainment of th .. vigor and resolution which nothing could !! and consciention- in all his dealings, he at save confidence of the community, and his latest thronged with customers. Managing Lis a' sa woity and an untiring industry ran, in so s. w . at the end of thene or four years his but tet. creased a larger toom was now required, a rd h the street to a stare which had been previous. Porter & Rawlas, ning the upper story as a in.

Hi basiness now rapidly enlarged and he's wat lated sufficient capital to extend his oje rati did by opening two branch houses, one of the t management of Vernon K. Several charge of Ralph Martin, both of them you're 1: 1" ular manners, good habits, and excelent in-ines i Directing the whole with that char judgment ... di-eretion for which he was so pre-eminent. . He next formed a partnership with Maj. Jo .. . A. V James J. Gill, and went into an extensive ad :. r. mission business, in a lower which stood upon the now or med by Gray & Kirkman's hardware adventure was also a great success. There 1. ; time but two or three small jobbing horses in large amounts of merchandise were sent ont fr ... ern cities to be sold at auction, and it was the channel that country merchants were mainly sup. goods.

In: 1815, having accumulated a hands and i. .. Hill retired from active business, being str. brother -- in-law, George and Charles Thomp .. regretted that he gave up active comme ready early in life, often saying " it was far better t. than to rust out." Ifis great success, where so it .. shows conclusively his eminent business prints.

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History of Davidson County, Tennessee, with illustrations and biographical sketches of its prominent men and pioneers, Part 119

Author: Clayton, W. W. (W. Woodford) Publication date: 1880 Publisher: Philadelphia, J.W. Lewis & Co. Number of Pages: 1013

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, J.W. Lewis & Co.
Number of Pages: 1013