USA > Tennessee > Williamson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 45
USA > Tennessee > Maury County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 45
USA > Tennessee > Rutherford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 45
USA > Tennessee > Wilson County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 45
USA > Tennessee > Bedford County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 45
USA > Tennessee > Marshall County > History of Tennessee, from the earliest time to the present; together with an historical and a biographical sketch of Maury, Williamson, Rutherford, Wilson, Bedford and Marshall counties, besides a valuable fund of notes, reminiscences, observations, etc., etc. Vol. 1 > Part 45
USA > Tennessee > History of Tennessee from the earliest time to the present , together with an historical and a biographical sketch of from twenty-five to thirty counties of east Tennessee, besides a valuable fund of notes, original observations, reminiscences, etc., etc. V. 1 > Part 45
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If it be possible to divide the history of the legal profession in Ten- nessee into eras, it may be said that the reorganization of the courts in 1834 marks the beginning of a new era. At that time those intellectual giants Whiteside, Grundy, Haywood, White and others, around whom the events of the first two or three decades of the century cluster, had almost without exception retired from practice or had been removed to the higher courts above. But as they disappeared, one by one, their places were filled by men of scarcely less ability and renown. The new supreme court was organized with Nathan Green, William B. Reese and William B. Turley, as judges, and it is doubtful if the bench of that court has ever been filled by men of more uniformly distinguished ability. Judge
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Green was a native of Virginia. He possessed but few advantages of education, but with a strong will, a vigorous intellect and an eager thirst for distinction, he soon placed himself upon a level with those who had been favored by higher opportunities. He began his career as a lawyer in the Mountain District where he soon took a prominent stand among the members of the bar. In his practice he preferred the chancery de- partment, and loved especially to deal with the great and broad principles of the law. For nearly a quarter of a century he occupied a place upon the bench, and was ever distinguished for his amenity and courtesy, his learning and ability, his truth and integrity. His opinions do not abound with brilliant passages like some of Judge Turley's, nor are they marked by the pure and elegant though somewhat involved style of Judge Reese, but are always clear and discriminating and logical. Personally he is described as a man of majestic stature, of a highly commanding aspect, and of sedate and gentlemanly manners. After his retirement from the bench he was associated with Judge Caruthers as professor of the law department of Cumberland County, at Lebanon. Judge Reese was a man of unquestioned uprightness, and of the most ample legal attainments. His general scholarship and literary culture probably excelled that of either of his colleagues. His style as exhibited in his opinions is marked by elegance, and is in full keeping with his excellence of reasoning. He was eminently qualified by nature and education for the duties of the bench. " An impartiality that knew no bias, an inborn love of justice that experi- enced no abatement, an almost instinctive perception of the truth joined to his profound knowledge of the law, his patience and industry in research, his enlargement of mind by a general and varied learning, his solidity of judgment, combined to make him one of the first judges that Tennessee has yet produced;" as an attorney he possessed scarcely less ability. His. care in the preparation of cases, his logical reasoning and terrible sar- casm, and his thorough acquaintance with legal science, made him a for- midable adversary to even the distiguished men who adorned the bar of East Tennessee when he practiced in her courts.
William B. Turley was at one time, a member of the Clarksville bar, where he laid the foundations for a brilliant career. Previous to his eleva- tion to the supreme bench he served for many years as a judge of the circuit court, where he was distinguished for an uncommon facility in the dis- patch of business. He brought to the discharge of his duties an enlight- ened mind, well stored with legal knowledge, and his temper, without being imperious or irascible, was firm and decided. His opinions are distinguished for their perspicuity, polished language and exact and log- ical reasoning. He was an industrious student, very fond of reading,
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extensively informed and had a memory of wonderful tenacity; but he was not remarkable for close and persevering application to business. After his retirement from the supreme court, in 1850, he was judge of the common law and chancery court of Memphis until his death about. eighteen months later.
The bar of East Tennessee has always been distinguished for its su- perior ability, but of the long list of illustrious names engraven in its temple of fame, none occupy a higher position than that of Robert J. Mckinney, the successor of Judge Reese. He was a native of Ireland, but spent the greater part of his life in Tennessee. His arguments at the bar were always remarkable for their logical force and precision, their freedom from all circumlocution or mere parade of words, and were occasionally tinctured with something approaching sarcasm and irony. On the bench he was diligent, painstaking and unrelaxing in his labors, as his reported opinions so satisfactorily attest. He was accused of being occasionally a little too stern and austere in his demeanor toward mem- bers of the bar, and was not a little inclined to caution attorneys to avoid · anything at all approaching a superfluity of illustration.
Robert Looney Caruthers, the successor of Judge Green, has been said, by those who knew him, to have been the best advocate that Ten- nessee ever produced. That he was a most remarkable man is evident from the fact that reared in comparative poverty, without influential friends, he raised himself by his own efforts to the foremost place in the estimation of the people. Although he held several official positions he had but little fondness for political life, and it was in the law that he found what was most congenial to his taste, and which best occupied his great intellect. His marked characteristic as a lawyer was persuasive logic, based upon a substratum of common sense. His powers as a de- claimer merely were not of the first order. He perhaps despised the mere tinsel and glare of what is frequently mistaken for true eloquence. Gentle of nature, both in manner and feeling, he preferred to carry with him the conviction of the audience by soft and mild leading rather than bold assertion and overwhelming dominance. But to attain his ends, success in his profession and success in his courses, he never con- descended to trickery or unworthy arts of any description. He was labor- ious in the preparation of cases; he trusted nothing to chance or inspira- tion; he left down no gaps; he tightened up the loose joints, and always came to the battle fully armed and equipped. He had great power of labor, which if not genius or talent is yet their neccessary concomitant, if success is to follow. But above all things perhaps his most available means, especially before juries, was he " knew what was in man," motive,
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probable action, influence of surroundings, the strength and weakness of man, varieties of character, and upon a knowledge of these he built up his argument. There is a variety of opinion whether Judge Caruthers shone more brilliantly at the bar or on the bench; the opinion is unan- imous, however, that he was an able, upright, laborious and conscientious expounder of the laws in his official capacity. He brought to the bench the same broad common sense, the same effective learning, the same com- prehensive mind that had characterized him throughout his previous life; and all through his opinions there is apparent a careful judicial search for truth, and a firm determination to uphold the right in morals and in law. The last years of his life were spent as the leading professor of the law department of Cumberland University, of which he was one of the principal founders.
Archibald W. O. Totten, the successor of Judge Turley, was born in . Middle Tennessee, but at an early age removed w.1 his father to the western division of the State. He studied law, an was admitted to practice in Gibson County. His temperate and regular habits, his laborious investigations of the cases intrusted to his care, and his fidelity to all his professional engagements, secured to him a full and lucrative practice, and he rose rapidly to independence and distinction. His person was tall, manly and striking; his manners bland and courteous in a high degree, and his general deportment dignified, without stiffness or reserve. In the most exciting debates at the bar, he never descended t wrangling or lost the serenity of his temper, or the tranquillity of .s
manner. He retired from the supreme bench in August, 1855, and was succeeded by William R. Harris, of Memphis. Judge Harris was born . in North Carolina, but was reared chiefly in Bedford County, Tenn. His educational advantages were somewhat meager, but, notwithstanding this hindrance, his strong, native talents enabled him to reach high rank in his profession. He began the practice of law in Paris, Henry County, where, in a few years, he evinced so much ability that he was made judge of the circuit court, a position which he held until 1845. Six years later he removed to Memphis, where he presided over the com- mon law and chancery court until his elevation to the supreme bench. As an advocate he was earnest and forcible, and neither in his oral or written productions was he ever known to affect mere ornaments of speech. In his judicial capacity he was cautious, laborious and circumspect in arriving at his conclusions, and inflexible in main- taining them. . Judge Harris was killed in a steam-boat explosion on the Mississippi River in 1858. The vacancy occasioned by his death was filled by the appointment of Archibald Wright, also of Memphis,
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FROM PHOTO BY THUSS, KDELEEIN & GIERS. NASHVILLE
JAMES K. POLK
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but a native of Maury County. He obtained a fairly good education before entering upon his career as a lawyer, which he did in 1832. He possessed great capacity for labor, and by sheer strength and directness, attention to business and tenacity of purpose, he won his way to distinction. During his brief career upon the supreme bench he manifested his eminent fitness for that high position. His opinions are models of judicial style-clear, forcible, direct, tersely stating the points and deciding the matter before him, briefly reaching his conclusions without verbiage or over-argumentation. In both his physical and men- tal qualities he was a man of striking individuality. He possessed a magnificent physique, and a constitution equal to any strain upon its powers of endurance. The salient traits of his character were his origi- nality, strength and clearness of intellect, tenacity of purpose and indom- itable energy.
These were all the men who occupied a position upon the supreme bench previous to the civil war. W. F. Cooper was appointed to succeed Robert L. Caruthers in 1861, but the supension of the court prevented his taking his seat. It now remains to notice some of the distinguished members of the bar during the period from 1834 to 1861.
One of the most talented men whom Tennessee has given to the world was John Bell, whose career as a politician and statesman, how- ever, over-towers his reputation as an advocate. As a sketch of his life appears elsewhere, only brief mention of him is made in this con- nection. He began his career as a lawyer in Williamson County, but soon after removed to Nashville and formed a partnership with Judge Crabb. Although he entered Congress when he was little more than thirty years of age, he had acquired a high standing at the bar as a law- yer of great acuteness, research and ability, and as a speaker of no ordi- nary merit.
James K. Polk was a contemporary of Bell, both having been born in the same year. The former, not quite so precocious as his rival, did not begin the practice of law until about twenty-five years of age, but when he did begin he was thoroughly equipped for his forensic struggles. He opened an office at Columbia, where almost from the first he occupied a front rank in the profession. His naturally strong intellect, disciplined by years of study to close and accurate reasoning, together with his known moral integrity, made him a most powerful adversary before the bar. His early entrance into the field of politics, however, practically closed his legal career.
Ephraim H. Foster, a prominent contemporary of the above, was a native of Kentucky, but when a small child came with his father's family
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to Tennessee. He received as good an education as the times afforded, graduating with the first class matriculated in Cumberland College in 1813. He then studied law with John Trimble. Very soon after begin- ning its practice, his close application to business, together with his natural ability and prepossessing appearance, placed him in the front. rank of his profession. His practice becoming too large for one person, he formed a partnership with William L. Brown, with whom he remained until the latter's elevation to the bench of the supreme court. From that time until his retirement from practice he was associated with Francis B. Fogg. Col. Foster was a fine speaker, but he had by nature a quick and violent temper which he did not always control. It is said that on one occasion, while arguing a case in which he was greatly interested, he be- came angry at some remark made by the judge, and threw a book at him. The judge, unmindful of his position, sprang at Col. Foster, with a · heavy walking stick in his hand, and but for the interference of friends a serious difficulty would have been theresult. "Peace, however, was restored without bloodshed. The offender made the proper apology, paid a heavy fine for his rashness, and the honorable but belligerent court adjourned." Col. Foster lived in elegant style, and entertained in a princely man- ner. This, with his vivacity, wit and brilliant conversation, made him a universal favorite in society. During the last twenty years of his life, he gave the greater part of his attention to political matters, into which. he entered with great spirit. He was twice elected to the United States senate, the first time in 1837, to fill out the unexpired term of Felix Grundy. He was again chosen in 1843, but resigned two years later. In 1845 he was the Whig candidate for governor, but was defeated by A. V. Brown, by a small majority. He then withdrew from active life, and died in 1854.
Francis B. Fogg, for many years a partner of the above, was a native of Connecticut, where he received a thorough literary education, and also prepared himself for his chosen profession. He then, in 1818, came to Tennessee and located at Columbia, but in less than a year removed to. Nashville, where he spent the remainder of a long life. "Upon his settle- ment in Tennessee he commenced the practice of law which he pursued with unremitting diligence for half a century, until age and disease dis- qualified him for labor. It is no disparagement to his many distin- guished contemporaries in the profession during that long and eventful period to say that he had few rivals and no superiors. His success was eminent. He commanded the confidence of the community in a remark- able degree. To a mind naturally strong and vigorous he united rare industry, and with original scholarship of a high order he was able to.
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amass stores of learning on all subjects. He possessed a wonderful memory, by which he could recall cases and incidents that most others had forgotten. He was familiar not only with the history of the law, but with the history of this and other countries. Mr. Fogg was not ambitious for office and never sought promotion, but in 1834 he was, by the voluntary action of the community, elected a member of the Constitu- tional Convention and took a prominent part in its deliberations. In 1851-52 he was elected to the State Senate from Davidson County and aided efficiently in inaugurating the system of internal improvements which has done so much for the State." "It is impossible now to tell how many of the statutes that adorn our code and measure and regulate the rights of persons and property, he was the author of. It was the habit of Legislatures to call upon him on all occasions for aid in the preparation of bills."*
No member of the Nashville bar is remembered with a feeling of greater kindliness and respect than Josephus C. Guild. Of his early professional life he has given many interesting incidents in his "Old Times in Tennessee," which are told in his inimitable style. He was a. man of strong and vigorous intellect, and at the bar, especially before a jury, he had but few equals. He was not a student of books nor a fin- ished scholar, but was a close observer of human nature and possessed a fund of practical knowledge which was always ready for use. As a judge he was distinguished for his strong sense of justice and his deep love of natural equity, which made suitors feel that their causes would be impartially tried. There was also a natural cheerfulness and liveliness of his disposition which would crop out even in the midst of the decorum of the bench, and a lively sally of wit or a gleam of humor from him often brightened the otherwise dull tedium of legal procedure. Judge Guild began the practice of law in 1822, in Sumner County, where he remained until the close of the civil war. He was three times elected to the House of Representatives, and twice to the State Senate, was a presi- dential elector for James K. Polk in 1844 and for Franklin Pierce in 1852; was elected chancellor for the Seventh Chancery Division in 1860. and in 1870 was made judge of the law court of Nashville, which position he held until the abolition of the court in 1878. He died January 8, 1883, after sixty years of active professional life.
Bailie Peyton, a contemporary and intimate personal friend of Judge Guild, was associated with him in his early practice. He was born in Sumner County in 1803. At the age of twenty-one he was admitted to the bar, and soon after formed a partnership with Henry A. Wise, a
*The above extracts are taken from the resolutions passed by the bar at his death in April, 1880.
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young man, also just entering upon the practice of law. Being of sim- ilar disposition they at once became intimate friends, but neither pos- sessed much taste for the arduous duties of the profession, and soon drifted into the more congenial sphere of politics. The partnership con- tinued for two years, when the latter returned to his native State. His subsequent career is familiar to all students of history. Peyton did not rank very high as a lawyer, but as a political speaker he had few supe- riors, possessing in a high degree that peculiar quality known as per- sonal magnetism. He was elected to Congress on the Whig ticket when barely thirty years of age, and was twice returned, serving from 1833 to 1839. He was appointed United States District Attorney at New Orleans by President Taylor, and soon after was sent as minister to Chili. He afterward practiced law for a time in California, but later returned to his old home at Gallatin, where he died in 1878.
For several years one of the leading law firms in Nashville was com- posed of Edwin H. and Andrew Ewing, sons of Nathan Ewing and grand- sons of Andrew Ewing, the first clerk of the Davidson County Court. Edwin H. Ewing graduated at the Nashville University in 1827, and was admitted to the bar in 1831. He then formed a partnership with James Grundy, which continued until 1837, when he associated himself with his younger brother. For a number of years he took an active interest in politics, serving one term in the State Legislature and one term in Congress. Meanwhile he kept up the practice of law, and added to his already high reputation. He sat frequently upon the bench of the su- preme court as special judge, and delivered opinions in several important cases. In 1851 the partnership with his brother was dissolved, and he did but little practice thereafter until the close of the war, at which time he resumed his professional labors and has only recently entirely with- drawn from active life.
Andrew Ewing also received a collegiate education and, in point of ability, was not inferior to his brother. He was an easy, graceful and persuasive speaker, a thorough and diligent student, and an energetic and active advocate. While in partnership he performed the law prac- tice, leaving the chancery business to his associate. He made a careful study of each case, but he was too thorougly imbued with a knowledge of the elements and principles of law to be classed as a mere case lawyer. While giving diligent attention to professional business he also mingled considerably in the politics of the day as a speaker and counselor. While his brother was a Whig he was a moderate Democrat, and in 1849 was elected to Congress in the face of a strong opposition. He was appointed one of a permanent court-martial of lawyers by the Confederate Govern-
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ment in 1862, and two years later died from exposure and overwork at Atlanta, Ga.
One of the best educated and most brilliant men ever at the bar in Tennessee was Return J. Meigs, who practiced law for many years in Athens, McMinn County, and afterward removed to Nashville. He was the author of a voluminous digest of the judicial decisions of the State, and was one of the compilers of a "Code of Tennessee." He was not only learned in the law, but in ancient and modern languages, and was a comparative philologist of no ordinary attainments. Indeed, there seemed to be no branch of human knowledge with which he was not in some de- gree familiar. At the beginning of the war, being a strong Union man, he was compelled to leave Nashville, and he afterward made his home in Washington, where, for a number of years, he held a responsible posi- tion under the Government.
William T. Haskell, at one time a prominent member of the bar of Tennessee, was almost diametrically opposite in character to Meigs. He was a brilliant and effective speaker, possessing a mind of much quick- ness and energy, and an imagination of exceeding fertility. He had great powers of ridicule, and, when opportunity afforded, could use in- vective with crushing effect. He was not, however, a thorough and dili- gent student, and was somewhat too fond of social pleasure to attain to that high rank to which, with proper application, his talents would have raised him.
Spencer Jarnagin, a student at law under Hugh L. White, was born and reared in East Tennessee, where he attained to considerable distinc- tion in his profession. He was a plain unimaginative man with a clear head and sound judgment. His language was simple, well chosen and straightforward, and he rarely indulged in impassioned flights of oratory, yet he never failed to elicit the closest attention from his hearers. His success as a jury lawyer has rarely been excelled, and litigants always felt confident of success when they had secured him to advocate their cause.
One of the leading lawyers in the western division of the State for many years was Milton Brown, a native of Ohio, who located in Tennes- see in early manhood. During his long practice in the various courts of the State he maintained a high reputation for industry, probity and legal acumen, and succeeded in accumulating an ample fortune. His knowledge of the law was full and accurate, his reasoning powers much above mediocrity, and his astuteness and skill in the management of cases were universally acknowledged.
John A. Nooe was at one time prominently identified with the Mem- phis bar. He was a man of high character, mild, affable, benignant and
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of unimpeachable integrity. He was thoroughly well read in the law, and could effectively apply the learning which he had acquired. Al- though he always expressed himself with fluency and in elegant language, his diffidence in public was a serious drawback upon his complete suc- cess as a forensic advocate.
Neill Smith Brown, the thirteenth governor of Tennessee, was a native of Giles County and a descendant of Scotch Presbyterians. His parents were poor, and unable to give him more than the rudiments of an educa- tion. At the age of seventeen he was thrown upon his own resources, and took to teaching school to enable him to secure a more thorough education. After completing a college course he studied law, and began the practice at Matagorda, Tex., then a part of Mexico. Not finding the society congenial, he soon after returned to his native State, where he took an active part in politics until the beginning of the war, serving as a member of the General Assembly, governor, minister to Russia, and as presidential elector on the Whig ticket in 1856. His career as a lawyer began in 1835, and except for his frequent diversion in the field of poli- tics, he practiced his profession for a period of fifty years. It could not perhaps be said that his legal acquirements were the most comprehensive, or that in grasp of thought and aggressive force of character he was not excelled, but his native talents were of a high order, and had been well cultivated for the part he essayed in life, and they won for him just and deserved distinction.
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