USA > Tennessee > Old times in Tennessee, with historical, personal, and political scraps and sketches > Part 33
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Many are the pleasant reminiscences of the olden time that will die out and be lost as the participants therein sink to rest. I should be pleased to draw out some remarks from my old friend, Col. Balie Peyton, who is a man of humor and wit. He was my waiter on the occasion we meet to-night to celebrate. I will say nothing of his age, for he is now looking abroad for some beautiful widow, or " mountain pink," and I will not preju- dice him on the question of age. He can say many good things, and give interesting details of the better days of the republic. He is the only person now alive who was at our wedding fifty years ago to-night. While we feel ourselves honored by so much young beauty just blooming into womanhood, and so much vir- tue and real worth in the more elderly and advanced portion of this assembly, contributing to the celebration of the fiftieth an- niversary of our marriage, we have been greatly blessed in our married life; while we have been stricken with grief in the loss of children, relatives, and friends, the pleasures of life have pre- ponderated over our misfortunes and griefs. We are still blessed with five children and seventeen grandchildren-all highly re- spectable and reasonably well-to-do in the world. In our family we are greatly blessed, for which we feel the most lively grati- tude. In our family the truth of the sentiments of the inspired writer has been exemplified: "Thy wife shall be as a fruitful vine by the sides of thy house; thy children like olive plants round about thy table. Behold, thus shall the man be blessed that feareth the Lord."
My friends, we are happy to meet you to-night. Make your- selves at home. We have no conventional rules, or etiquette-
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that is, I have none; I cannot answer for my better-half. En- joy yourselves as best you can. We will shortly have a good, substantial, family supper, with some other things whose names I have forgot-my daughters are posted on that part of the sup- per; and, in the language of Col. Overton, "sit down and par- take of it most bountifully, and do not feel that you are taking out of the mouths of the poor wife and children.
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XIX.
AN INCIDENT AT FORT MACKINAW-A "REBEL " PRISONER SAVING AN INDIAN'S LIFE.
AN incident occurred at Mackinaw, while that post was used as a " Rebel " prison, which caused as much excitement as did the appearance in the town of Strasburg of the man with the big nose, so graphically described in "Gil Blas." I had the honor of be- ing a guest of that place for several months during the " unpleas- antness " of a few years ago, together with a number of gentlemen from Tennessee and other Southern States who had fallen under the ban of some military satrap. The crime of which we were guilty was that we sympathized with the people among whom we lived. In those days, if a Southern man had political opinions of his own --- in other words, if he dared to be a MAN-he not unfrequently found himself an inmate of some grim old fortress.
Mackinaw is an Indian name, and means the big turtle. The island was evidently thrown up by a volcanic eruption, with its mountain-crest high above the waters of the strait, while there is a beautiful beach along the Southern base of the mountain, where the town is built. This section of country was discovered and settled by the French, the Jesuits being the pioneers. More than two centuries ago they built a strong fort upon the mountain's rocky side, which looks down some two hundred feet upon the beach washed by the limpid waters of the strait connecting Lake Michigan with Huron. Here we sojourned for some six months. The post was under the command of Captain Wormer, who was a gentleman and did honor to the uniform he wore. From him, as well as from his command, we received many acts of kindness, which I recall with pleasure and gratitude. The fort had not been garrisoned since the war of 1812, and needed repairs, and, until this could be done, we were placed in a tavern called the Missionary House, kept by a clever gentleman named Frank, who had two pretty, accomplished daughters, who contributed no little to relieve the tedium of prison life, Captain Wormer per- mitted his prisoners to take a walk of two hours each day on the
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beach, attended by a guard of two armed soldiers, for exercise and to enjoy the sights to be met with in such a stroll. One day I sauntered up the beach to the court-house, about four hundred yards distant from the tavern, where the Circuit Court was in session. I discovered that the court-yard and the court-room were crowded with a mixture of Indians, half-breeds and whites, all manifesting great interest in a trial then proceeding in court. A young Indian aboat twenty-one years of age was being tried for the murder of another Indian. Most of the witnesses were Indians, who were present and saw the rencounter between the prisoner and the deceased. Interpreters were sworn, who trans- lated the questions into the Indian dialect and the answers into English. The jury was composed of whites, Indians, and half- breeds. I became interested in the case as it progressed, and learned that the prisoner and the deceased had been rival suitors for the hand and heart of one of the Pocahontases of the tribe, and that the prize had been won by the prisoner, upon whom the Indian maiden smiled graciously. The defeat of the other swain greatly chagrined him, and he became surly and morose, a fact which was well known to the tribe. These Indians lived upon a distant island, and from that point brought various commodities to Mackinaw to sell. They came in their birch canoes, a fleet of twenty to thirty at a time, following the leader in single file, as is the habit of the Indians on the trail. They bring with them their birch house, and as soon as they arrive on the beach the house is put up, which requires but a few minutes. Here all con- nected with the fleet sleep and abide until they depart on their return voyage, which generally occurs within two or three days. One keeps house and cooks, two go about the town to dispose of what they have to sell, while the remainder get drunk, quarrel, fight, and "turn up Jack generally." Two fleets of canoes arrived about the same time, and each brought one of the young Indians who had been suitors of the dusky maiden. Once on the beach, the deceased discovered his rival; his jealousy was aroused to a pitch of frenzy, and he flourished his tomahawk over his head in a menacing manner, accompanied by the war-whoop, which the other understood, as it was intended, as a challenge to mortal combat, and he, too, flourished his tomahawk and sounded the war-whoop, in token of his readiness to give battle. The deceased
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glared furiously upon his rival, and then, with a wild whoop, made a rush at him. They grappled with savage ferocity and fought with the desperation of tigers, inflicting terrible wounds upon each other. It was a death-struggle, and so impressed the bystanders. Finally, the accepted lover sent his tomahawk crashing through the skull of his antagonist, deep into the brain. That was " the last of earth " with him. He reeled for a moment, then, rais- ing himself to his full height, fell backwards, and his spirit took its departure for " the happy hunting grounds." For this the prisoner was arrested, and was now upon his trial for murder. I soon discovered that the attorney for the defendant did not see the nice distinction necessary to make this a case of self-defense ; at least he was not endeavoring to establish that point by the tes- timony. I told him that I was an old criminal lawyer. and sug- gested that he direct his examination of the witnesses so as to avoid the effect of a mutual combat, and place the act of his client upon the ground of self-defense, a law or principle which may always be acted upon when one's life is imperiled. He did not seem to fully comprehend the point I desired him to establish by the proof, and asked me to examine the witnesses, and get the case fully before the jury in my own way. By permission of the court I examined the witnesses, and made out a pretty clear case of self- defense. After the proof had all been heard, the Attorney-Gen- eral presented the case to the jury, bringing out as strongly as possible his point that it was a mutual combat, with some show of probability, and that, in taking the life of the deceased, the prisoner was guilty of murder. I apprised the court that I was a stranger here, that I had been requested to close the argument for the prisoner, and that, with the permission of the court, I would do so. This permission was courteously granted. I will not attempt to give a synopsis of my speech, but will simply state a point or two I made. I laid down the proposition of the com- mon law, which is observed and acted upon in every civilized government in the world, that God, who gave life, accompanied the gift with the right, under all circumstances, of defending and preserving it, even to the taking of the life of another. This was a great natural law, stamped upon the heart of every man, that no court, no jury, no law could take away. This natural right is recognized by the law of the land. If a man's life be put in peril
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by another, or if he shall believe, upon reasonable grounds, that it is so endangered, he has a right to slay the person whom he thus suspects of seeking his own life, notwithstanding it might afterwards turn out that his life was not so imperiled. This great doctrine was laid down by Judge Catron, of the Supreme Court of Tennessee, fifty years ago, and it has been recognized and charged by every Judge in that State ever since, and by the Judges in all the States of the Union. I said, I do not controvert the doctrine laid down by the Attorney-General, that in voluntary, mutual combats, if one party slay the other, the slayer is guilty of murder. When the Attorney-General brings such a case be- fore the jury upon reliable proof, his doctrine will hold good, but it certainly will not apply to the present case. I asked, What is the case made out by the proof against the prisoner? He won the prize and possessed it, and, of course, had no cause for malice or revenge against the deceased. On the contrary, it was shown that the deceased felt sorely aggrieved toward the prisoner. The one he loved dearly had been won and carried off by his rival; his hopes were blasted, and he gave himself up to despair, scowl- ing upon the prisoner wherever he met him ; he " nursed his wrath to keep it warm," until the rivals met on the beach on that fatal day, when every passion of his nature was kindled to a frenzy, and in the desperation that controlled him, sought the life of the prisoner, by making a deadly assault upon him. The prisoner reasonably concluded that his life was not only imperiled, but was about to be taken, and he was justified in defending that life by every means within his power, even to the taking of the life of his antagonist. It had been urged that the prisoner should have run to the wall before he could have been justified in taking life in defense of his own. This, I maintained, was not the law, and no court, properly appreciating the law and the rights of man under it, would so hold. I also maintained that if a man is as- sailed in such manner as to endanger his life, he may stand and slay in its defense ; and, in fact, the assault may be so fierce-as it was in the case before the court-as to justify him in pursuing and slaying his assailant. These were some of the points I made, and enforced them by the law and the testimony, occupying about one hour and a half in my argument. I have a pair of good lungs, and I spoke so as to be heard at a considerable distance along the
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beach. I attracted the whole town ; merchants, clerks, and citi- zens of every calling and of no calling, came in haste to the court- house to see what all this noise was about ; they had never heard the like before. When I concluded and sat down, I was greeted with vociferous applause. The Judge charged the law as I had laid it down in my argument. The jury were out about ten minutes, when they returned with a verdict of not guilty, and the prisoner was discharged.
I then hurried out of the court-house with my guard, to return to my quarters, for I had then been out the full extent of the time allowed me. When I stepped into the court-yard, the In- dians and half-breeds, friends of the Indian I had defended, seized me, raised me to their shoulders, and carried me up and down the beach in a hilarious manner, and with every demonstration of gratitude. I tried to disengage myself, in order to hurry to my quarters, fearing the consequences of such an unseemly exhibition. It was reported to Captain Wormer that there was a row down town, in which some Indians and half-breeds were engaged with one of his prisoners, and he sent a dozen soldiers down with fixed bayonets, who dispersed the crowd and took me to my quarters. Captain Wormer reprimanded me severely for practicing law, as he termed it, and raising a mob in the streets; thus abusing the privileges he had granted me. I told him I had not intentionally violated any privilege, and reminded him that I had given my parole of honor that I would not make my escape, nor do any thing detrimental to the United States, and that I had faithfully kept that pledge. I explained to him that I had found a human being on trial for his life ; that, according to the law and the tes- timony, he should be acquitted, and that I had simply contributed my mite to save his life, as I regarded it my duty to do under the circumstances. I expressed the hope that he would take the proper view of the matter, and not withdraw the privileges he had granted me. He dismissed me, saying that he would consider the matter. That was the last of it. I was always treated by the Captain and his family in the kindest manner, for which I felt as grateful to them as did the Indian to me for saving his life.
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XX
CARRYING CONCEALED WEAPONS-EXTRACT FROM A CHARGE TO A GRAND JURY.
A FRIEND has sent me a Texas paper, which contains the fol- lowing article :
A MODEL CHARGE TO A GRAND JURY.
Judge Joe Guild, of Sumner county, Tennessee, is a man of great individuality of character, and for many years has been one of the most successful practitioners in the State, and is known far and wide for his eccentric humors. For some years past he has been Judge of the Law Court of Nashville, and holds the Circuit Court of Sumner county, and is no less distinguished on the bench than at the bar. At a recent term of the court held at Gallatin, he delivered one of his characteristic charges to the grand jury, which we republish from the Examiner, for the wholesome truth it contains, and as a " specimen brick " of the most noted of Ten- nessee judges :
" I come now to charge you upon a high misdemeanor which is too common in the land, and which it is now your high duty to notice, and bring the offenders to justice, whosoever they may be. I allude to the vicious habit of carrying about the person con- cealed weapons. More than half the homicides which occur grow out of this debased practice. When I was a boy, the 'bullies' of one creek would meet those of another creek upon the muster- ground, a ring would be formed, a fair fight was had; no concealed weapons were drawn and a citizen slain ; all their mus- cles were brought into play, which ended in a knock-down and an occasional bite-no one slain. But now, the desperado, with his pistols buckled around him, seeks his victim, insults an un- armed man sensitive of his honor, and if he makes an effort to repel the insult, the pistol is drawn, a new grave is made, and a
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helpless widow and orphans are left to mourn the loss of husband and father. This evil practice is one of the off-shoots of laziness, an indisposition to pursue some virtuous and laudable employ- ment which will always secure a reasonable living and bring home to a young man an honest reputation. Whenever young men depart from this laudable course, put on and wear broad- cloth, silks, kid-gloves, and 'prunellas,' attend upon gambling houses and saloons and idle away their precious time, they are sure to fall into vicious habits ; such characters as those who loiter about whisky shops and attend regularly upon gambling hells think themselves disgraced if they have not 'killed their man,' so they arm themselves with the deadly pistol and seek an occasion to use it, that they may be lionized by the gentler sex, thinking it will give them position or caste with them, who in every age have appreciated bravery-but the bravery displayed by men should be courage exhibited in defense of their country, and not the bullyism of the murderer. We are fallen upon evil times-carrying pistols-dress and parade-giving entertainments attended with extraordinary expenditures, such as no honest calling can afford. Too much extravagance and too little work, are the fruitful causes of most of the evils of our time. Genuine mirth and virtue are undergoing a decay; in the cities especially, they are stifled and becoming extinct. In this train of vicious habits is this disreputable practice of carrying concealed weapons. The juries of the country and a virtuous public sentiment should banish this habit from the land, as they have driven duelling and the bowie-knife beyond the borders of civilization.
" In writing about lovely woman, we should always use a pen made of a quill plucked from an eagle's wing, dipped in the hues of the rainbow, upon rose-tinted paper, sprinkled with the dust from the wings of the beautiful butterfly-but I am constrained to notice the present extravagance in dress. Six yards of calico in ancient times made a dress that copied nature and displayed the comeliness of form and beautiful figure of lovely woman- now it takes TWENTY! and, if silks are used, forty yards ; they carry on their backs from ten to fifteen yards, puckered, pinned, and cruppered up so tight that they cannot step more than six inches at a time. The other day I was at the depot in Nashville and two beautiful girls endeavered to raise their feet high enough
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to get upon the steps which lead into the cars; after repeated ef- forts and as many failures, I saw the dilemma in which they were placed aud stepped up and LIFTED them into the car. Now this kind of caparisoning may meet with the favor of the gentlemen of the pistol, but not of those who are attached to the ancient customs of the country."
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XXI.
SPEECH AT SPRINGFIELD, TENN., ON THE ISSUES OF THE PRESIDENTIAL CAMPAIGN OF 1868.
DURING the summer of 1868, the citizens of Robertson county gave a barbecue at Springfield, at which about three thousand people attended. I was invited by the Committee of Arrange- ments to attend and address the people, and I did so in the fol- lowing speech :
Ladies and Gentlemen : I have availed myself of the honor of your invitation to attend this large assemblage of citizens to ad- dress you upon the present situation of Tennessee, and the prin- ciples involved in the great political contest now going on in the United States, the result of which we hope and confidently be- lieve will snatch liberty from the coils of the radical anaconda, which is being crushed to death, and secure the election of the able and patriotic statesmen, Seymour of New York, and Blair of Missouri.
For upwards of thirty year- I have appeared at your bar, min- 'gled with your citizens, formed our social relations, have known and fully appreciated your worth. In former times I have en- gaged with you in the various political battles fought by the old patriotic Whig and Democratic parties. In those days we met as freemen, discussing the great questions of public policy involved in the administration of your government. These were halcyon days of individual and public liberty, the ægis of the constitu- tion, giving protection to all, in which the two great political parties-one headed by our Jackson, Polk and others : the other by Clay, Crittenden and others-and although they differed as to questions of administration, all adhered to the great charter of our liberties, and devoted their lives to, and did advance the prosperity and glory of our common country. In those days all parties recognized the great principles of our bill of rights-that government was founded on the consent of the governed; that the
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representative was the servant of the people; and that invaluable principle of our constitution was strictly adhered to, that all elec- tions shall be free and equal. Those great principles are now ignored by the Radical party, and any man who adheres to them is "spotted " as a "copperhead " in the North, and is ostracized as a "Rebel" in the South. How changed are the times! I meet you this day disfranchised, shorn of your ancient birth-right, gasping under a despotism that would not be tolerated by any people of any depotic government of the old world; your former slaves are now made your masters, to them all political power is given- they do the voting, the " bummer" and "scalawag" hold the offi- ces, and we have become the tax payers; we are the mere crea- tures of our former slaves; we are completely metamorphosed, with the exception that our skins are yet white. If our masters could find among the hidden sciences an invention by which our skins could be made black, and the negroes' white, that change would certainly be made. We have it, however, from high au- thority that the leopard cannot change his spots nor the Ethiopian his skin, and have an abiding hope that this new discovery will not be made by Gov. Brownlow, and we may be left the poor privilege of yet recognizing each other when we meet.
Our forefathers in 1776, on the battle-field, won our independ- ence. That revolution resulted in the establishment of the liber- ties of the people by the adoption of the constitution of the United States. This great revolution is to snatch the constitution of our country from the mud and the mire, where it lies wounded and trampled upon by radical despotism, and restore it to its ancient vigor, extending to all the States and their citizens their equal and just rights.
I may inquire, how have the people of Tennessee lost their rights, and are subjected by laws to a proscription and species of outlawry before unknown in the history of the United States? It is because they took sides with the other Southern States in the great civil strife that was ended upwards of three years ago. Were they not informed by the unanimous voice of Congress, after the battle of " Bull Run," that the sole object of the further prosecution of the war was to restore the Union and the authority of the government of the United States, and when that was done the war should cease and all should be restored to their rights
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who renewed in good faith their allegiance to the government? Under this solemn pledge the Confederates laid down their arms, and those who survived the terrible conflict have renewed their allegiance and returned to their ruined and desolated homes, de- termined by their industry and good citizenship to make worthy members of society, and regain in some measure their broken fortunes. Without exception known to me, they have redeemed their pledges and have made worthy citizens of their respective States. Has this pledge on the part of the government been complied with ? While many generous and patriotic citizens of the Northern States and a minority of Congress have complied with it, and shown magnanimity to the prostrate people of the South, there has risen up the Radical party of the North, having large majorities in both branches of Congress, and Governors and like majorities in the Legislatures of most of the States, who have failed to redeem their plighted faith, and while they deny to the negro of their own States the right of suffrage, they disfran- chise the white man of the South and give the political power of the States to the negro-the right to hold office and to sit on juries. Instead of restoring the Union, and extending to the States and their citizens their equal rights under the constitution, for party purposes, and to retain political power, they have dis- rupted the Union ; they have torn from the flag of the Union ten of its stars, and from Washington have dictated the policy by which Tennessee has been placed under the yoke of despotism, and this day we are laboring under wrong and oppression more intolerable than that which atflicts the ten States of the South. If Sherman's treaty with the Confederates had been ap- proved of, the Union was restored. The reconstruction of those States under the President's policy, after Sherman's terms were rejected, was nearly accomplished, but this Radical party, with the view of establishing the despotism which now afflicts the South, and to secure the electoral vote of the Southern States for the Radical candidate, and thereby perpetuating their power, have broken up this reconstruction of the States; have left them out of the Union for three years; have passed this unconstitu- tional reconstruction act, and, by fraud and the bayonet, have forced upon the Sonth the amendments to the constitution of the United States, as well as constitutions on eleven of the sovereign
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