USA > Tennessee > Old times in Tennessee, with historical, personal, and political scraps and sketches > Part 37
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I wish to say a word or two about the doctors. I like them, or else I wouldn't mention them. They are a useful and hightoned class of men, and while they are to be condemned for the exhibi- tion of more envy than lawyers (which is quite natural, as their professional acts are performed more in secret), the chief com- plaint I have to urge against them is, they don't speak in language that can be readily understood. It is their habit, not here alone, but elsewhere. Not long since I presided here in a case in which a crooked-legged man was suing a physician for malpractice, in consequence of which the leg was bent backward instead of for- ward. Several of the lawyers at this bar were employed on both sides. My friends, Mr. Elkin and Capt. Bennett, were opposing . counsel, the former appearing for the plaintiff and the latter for the defendant. The injury was, the man was shot in the leg, and the contest was, did the physician's unprofessional treatment of the wound cause the joint to be drawn? A number of doctors were examined as witnesses. 'I thought they would plainly say, the man was shot just above the knee, the ball ranging down, getting into the joint and letting out the juice, thus bending and stiffening the limb. But here's the language of the doctors : " It was a fracture of the femur through the condyles. It was a compound complicated wound, with escape of synovial fluid, fol-
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lowed by synovitis, the sequel being anchylos of the tibia, fibula, and patela." Of course the Court had to assume an air of famil- iarity with this language, and as the witness would wind up, he would say, " Doctor, you can retire, your explanation is perfectly satisfactory." Friend Elkin well knew that this language was all Greek to the Court and jury, and saw that the exhibition of the leg was the card to play, so he called the man around and had him strip and show the crooked limb. Capt. Bennett dreaded the effect that this move might have, and when he saw the limb exposed to the jury, with a look of discomfiture, exclaimed, " My God, will we never get rid of that crooked leg!" After Capt. Bennett had spoken, I called him to me and said, "Bob, you made the meanest speech I ever heard." He replied, " My God, who could speak against such a leg !" I presided in another suit for damages on account of malpractice. The doctors testified thus : " Wounds are solutions of continuity. This is a wound of the thorax anterior, penetrating the pleura and wouuding the left lobe, with fracture of the dorsal vertebra." That's the doctors' defini- tion of a broken back. They ought, when they talk, to use lan- guage intelligible to all. Common sense is the thing after all. It has always controlled the world, and will ever control it here- after. I understand human nature very well, having rubbed against many men, and women too, in my life, and the doctors had better take my advice. I want them, too, to go back to the old practice of carrying their medicines with them. By depend- ing on the apothecary, the patient frequently gets hold of a very unhealthy dose. The doctor should measure and administer the medicines himself, and wait to see the effect. It is amusing to see some of them examine a patient. They feel the pulse, beat on the breast and listen and look wise. I don't like to see this -- would rather look at a woman with a polonaise on. And doctors' consultations are not agreeable to me. My advice to you is to call in a good physician and stick to him. They never agree. One says one thing, another says something else, and the third has still a different opinion. Finally they all make concessions, and between them kill the patient. Doctors should carry their tools with them. They should have their medicines ia a box with them all the time. I must relate an incident. Old man Eatherly of Wilson county, took a notion to send his son John to a calomel
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school. The young man, after studying at Lexington and finish- ing up at Philadelphia, returned home to the great delight of his father. Neighbor Johnson, having called to extend a welcome to the son and rejoice with the father, asked if John had a diploma. " Oh ! yes," said the old man, "John went to the saddler's yes- terday and had a black leather box made with holes for physic vials, and it is the prettiest little diploma I ever saw."
I ought not to overlook my brother lawyers. I suppose I have the right to talk about them, and would have a deal to say of their short comings and their deserts if I had but the time. There is one marked difference between lawyers and doctors, and it is this, the former express themselves in plain, intelligible English. I must say of them that they change their professional fashions and habits but little. The lawyer of to-day is what he was in the olden time. His business brings him in contact with men of all classes, professions, and pursuits. He deals with the lives, the liberties, and business affairs of his fellow-men. His studies are of government, its laws and their application and administration. He is necessarily more cosmopolitan in his views and liberal in his sentiments than the generality of mankind. Lawyers have been the prime movers in every effort for liberty. Ancient and modern history furnishes many illustrious examples of this fact. When the Colonies raised the standard of liberty and in- dependence, the eloquence of such lawyers as Henry, Otis, and Adams stirred np the people to their defense. Many believe that lawyers stir up strife among the people. This is a mistake; the people first get into trouble and then apply to the lawyers to help them out of it. That's the way the lawyer happens to be con- nected with the disagreements and quarrels of neighbors. The story is told of two Kentucky farmers who both claimed the same cow, and litigated the question of ownership to the tune of $600 cost to each. This event was caricatured with a picture which represented one of the farmers holding fast to the horns of the beast and the other pulling at the tail, while the lawyer in a quiet, business-like manner, was drawing the lacteal fluid from the teats. Now that lawyer was not the cause of the scuffle over the cow, although he was reaping a benefit from the occurrence. Ladies, if you are fond of milk and butter, I would advise you to marry lawyers.
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I must bring these remarks to a close. I desire to see this re- public perpetuated, and its people prosper and continue to be happy. To this end, I would have them return to the simpler ways of the olden time. They must be more industrious, eco- nomical, and frugal. This extravagance, this profligacy, this worship of mammon, and this mania for display and luxurious ease, is a curse on the land, and must be eradicated, or it will end in ruin. Under its blighting effect, the commoners, the middle classes, the bone and sinew of the country; on whose stalwart arms rest the safety, security, and welfare of every nation, will gradu- ally disappear like the mists of the morning before the rising sun. Thus enervated and shorn of her manly strength and vigor, the materials gone from which her official stations were once honor- ably filled, and her agricultural, mechanical, and industrial in- terests successfully moved, the fate of this republic is sealed. As was truthfully and touchingly said by Goldsmith-
"Ill fares the land, to hastening ills a prey, Where wealth accumulates and men decay ; Princes and lords may flourish or may fade- A breath can make them, as a breath has made ; But, a bold peasantry, their country's pride, When once destroyed, can never be supplied."
Ladies, the reform rests with you, and I trust you will not be slow in commencing it. Knowing your wonderful power and controlling influence over the men, I invoke you to bring about the consummation so devoutly to be wished. I nave spoken with- out notes, and am aware that my remarks have been rambling and disconnected.
I now draw my lecture to a close. My bark canoe is nearing the shore and I must prepare to tie up. I take leave of you with assurances of my kindest feelings and sincerest wishes for your continued welfare and happiness. I have not intended to say anything, ladies, calculated to ruffle your beautiful plumage or excite your ire. I have gone forth and gathered from the field of nature the most beautiful flowers-the hyacinth, the jessamine, the violet, the honey-suckle, the crape-myrtle, and the gem of her tribe, the rose-and crowned and decked you the lovely mountain-pinks. It is true, I have used my kitchen-knife in a kindly effort to prune the polonaise, the redingote, the basque,
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the pinbacks, et id ome genus ; because in the eyes of an old fogy they are badges of the latter-day follies of the bewitching queens of the earth, which neither add to their comfort, their beauty, nor those irresistible charms whic enchain the affections and lead captive the heart of man. With this I depart. If I have wounded the feelings of my fair friends, who have greeted and honored me by their inspiring presence this evening, it was alone for the good of Rome; and I have the same kitchen-knife laid up for myself when it shall please my countrymen to require the sacrifice. Adieu to you all, my friends ; and, ladies, bidding you good night, by your permission, I will take this pickle out of my mouth. (Laugter and Applause.)
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XXIII.
ADDRESS DELIVERED BY JO. C. GUILD, AT WAVERLY, TENS., ON JULY 4, 1877, ON THE OCCASION OF LAYING THE CORNER-STONE OF THE NEW COURT-HOUSE.
JUDGE JO. C. GUILD was invited by the citizens of Humphreys county, through a committee, to be present and speak at Waverly, on July 4, 1877, on which day the corner-stone of the new court- house was to be laid. They had made extensive preparations, and by 10 o'clock, A. M., a large concourse of people, numbering some two thousand, had assembled, coming in vehicles of all kinds, the ladies bringing huge baskets filled with barbecued meats and the necessary concomitants to feed this great crowd. A large arbor had been erected, covered with boughs from the forests, with spacious seats and a speaker's stand. After prayer and the laying of the corner-stone with appropriate deposits of various mementoes by the fair hands of the lovely daughters of Humphreys, and the reading of the Declaration of Independence, Mr. Lanier introduced Judge Guild to the assemblage as the ora- tor of the day.
Judge Guild expressed himself as highly gratified at the pres- ence of so much beauty and worth, and the exhibition of so much patriotism in honor of the 101st anniversary of our national inde- pendence. He returned thanks to the citizens for the honor of the invitation which caused his presence on this interesting occa- sion, but his pleasurable feelings were somewhat marred by the fear of his inability either to interest the assembly or to do justice to the occasion.
BOYHOOD DAYS.
This interesting occasion gave him the pleasure of revisiting the section of the country where he had spent his early youth. In those days we traversed these hills and valleys in pursuit of the wild game of the forest, and husbandry had not, to much ex- tent, opened up the fields, and only here and there was to be
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found a log cabin, rudely put up for shelter for the bold pioneer and matron, who occupied the advanced posts of civilization. Since then fields have been cleared, houses have been built, ham- lets and towns have arisen, school-houses appear in every district, and the lofty steeples of churches rear their heads in consecra- tion to the worship of the living God, evidencing your ad- vance in the arts and civilization.
PROGRESS.
The application of steam-power to machinery, has displaced the keel-boats and " broad-horns," that once transported the surplus produce of your country to market. Palatial steamers now as- cend and descend the Mississippi and all its tributaries, and they bear the commerce of America not only upon all its waters, but spreading in every direction, they plow the vast ocean and cover every sea. By the application of steam our manufactories and mills are run, our harvests are reaped, and food and clothing are furnished for the millions of the world; and the name of America's honored son is sounded "down the corridors of time" as a bene- factor to the distant ages. The world is likewise indebted to American genius for taming the lightning and making it talk.
ON THE ROAD TO WAVERLY.
I arose this morning at 4 o'clock, kissed my wife, and took the cars at Nashville, drawn by an iron horse whose speed exceeds that of a first-class race horse. "Ten Broeck" could not head him, nor make his muscles tire or his wind give out; he gave a snort or two and he was off for Waverly. We met the up train at Gilliam's Station, where I found my ancient friend, McNeely, a Jeffersonian-Jackson Democrat. The conductors were stand- ing near each other on the platform. I was fearful, ladies, that you would not be here. I said to McNeely, "I fear the women will not come." He replied, " I will guarantee that they do." The newsboy came along and I said to him, "My son, what is the news from Waverly ?" He replied, "A great crowd is assem- bling." "Did you see any ladies?" " Yes," said he, "they were filling all the roads centering upon Waverly." I remarked, "That is satisfactory ; Mr. Conductor, saddle up your iron horse
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and let us be off for Waverly !" And here we are, at 9 o'clock, ready for work.
THE LADIES.
The truth is, ladies, your honorable presence brought me here. The fact is, to speak, my fires must be aroused by the cheering presence of lovely woman.
I am somewhat of the nature of the tarrapin that I was in the habit of capturing when I traversed these granite hills and bean- tiful vales as a shirt-tail boy ; so soon as I touched him, he be- came sullen, drew in his head and would not move-nothing would stir him but the application of a hot coal of fire to his back. So it is with me. In the presence of man I become unconcerned, and, at times, sullen. But let me face a galaxy of beauty, such as honors this occasion, and all my slumbering embers are stirred up, my fires are aroused, and I become quite talkative. So, if I acquit myself with reasonable credit to-day, it must be attributed to your charming presence. (Here the ladies waved their hand- kerchiefs in approval, which put the speaker "on his heels.")
Ladies and gentlemen, when we traverse your hills, cross your limpid streams, and pass along your rich valleys, blooming with the various cereals planted and brought to perfection by the labor of this hardy and honest population ; when we look upon your pleasant homes, made felicitons by the presence of your hon- ored matrons and their lovely children; when we look upon this beautiful, thriving village-upon yonder school-house, and that church, the house of God, we are reminded that you cherish learn- ing, promote morals, cultivate the virtues, and that your hearts pulsate with gratitude to the Giver of all these blessings. If you have no "millionares" in your midst, you have none of the vices that are bred by the accumulation of vast wealth, and stimulated by its possession.
MAN'S VIRTUOUS AND HAPPY ESTATE.
The most virtuous and consequently the most happy state of man is in the enjoyment of equal rights, and as far as may be, an equality in their possessions-all relying upon their own energy and honest labors to mark their destiny in life. Such make the best citizens in times of peace-the defenders of their country in
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times of war. A great poet and philosopher upon human life ha- well said-
"Ill fares the land, to hastening ills a prey, Where wealth accumulates and men decay ; Princes and lords may flourish or may fade- A breath can make them, as a breath has made ; But, a bold peasantry, their country's pride, When once destroyed, can never be supplied."
THE TEMPLE OF JUSTICE.
The public spirit and enterprise of the citizens is manifested in taxing themselves to build this temple of justice, whose corner- stone you have just laid. This shows that you are a law-abiding people, and appreciate the great principles upon which our repub- lic rests-principles announced in the immortal Declaration of Independence, and in the constitution of the United States, and in our own State constitution. It is carrying out the genius and spirit of our Republic. Rome had its Forum ; Greece her Areo- pagus, situated on Mars Hill; England her Westminster Hall, to vindicate the violated rights of the citizen, to put down crime, and to dispense justice ; the Hebrews had the law of Moses and the Sanhedrim with its seventy judges, and their cities of refuge to which the slayer could flee and be protected from the avenger of blood until he could be tried. Our government is founded upou the consent of the governed, and is an improvement upon all governments that ever existed. Our laws are made by the con- sent of the people through their chosen representatives. Our court-houses are places of refuge where the rights of all are vin- dicated and wrongs redressed by judges and juries chosen by the people under laws enacted by their representatives. You an- nounce by this public work that you cherish the principles of our Republic ; that the strong shall not be the judges and avengers of their real or imaginary wrongs-
" Bertram's might shall not be Bertram's right,"
but all shall stand equal before the law; that riots and lynching shall not exist, but all must appeal to the courts of the country, where justice, in the language of our Bill of Rights, shall be "ad- ministered without sale, denial, or delay." I was forcibly struck with the solemnity of the ceremonies of the Patrons of Husband-
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ry, aided by the ladies, in laying the corner-stone of the founda- tion of this edifice-this stone of granite taken from yonder hill that looks down upon this magnificent scene. My heart grew sad when I saw the ladies come forward with appropriate re- marks depositing suitable mementoes in their last resting place, and I reflected that this temple of justice containing these me- mentoes will stand when these hills overlooking this lovely vil- lage have grown greyer still with age, and every beautiful form and charming countenance which gives life and cheer to this interest- ing occasion will rest under the clod of the valley. This is an inexorable law of Nature.
TRADITION AND REMINISCENCE.
When I lived in this section, Stewart crossed the Tennessee river, and now Benton and Humphreys are daughters of that good old mother. Humphreys was carved out in 1810. When the county was organized, her population was 2,500. Since then this hardy and noble population have increased to 15,000, observ- ing the mandate to go forth and multiply and replenish the earth. Judging from this day's exhibit, I would say that no mandate has been more faithfully obeyed.
Many of the worthy sires who once occupied this county and lived worthy and patriotic lives, now sleep with their fathers. Among them, W. White, Thos. K., once your representative, Coleman Harris, Clerk of the County and Chancery Courts, John Little, Clerk of the Circuit Court, Isaac Little, likewise a clerk, Robt. Nelson, Burrell Spicer, old sheriff's, Levi McCullum, sher- iff and clerk, Ed. Cowen, sheriff, Henry O'Donel, and lawyer F. P. Sanders, and others not less worthy. The following Judges held your courts: Thos. Stewart, P. W. Humphreys, A. Martin, and W. W. Pepper, all good and able jurists, without a stain on their well-earned fame. The Circuit Court was held at Rey- noldsburg, on the Tennessee river, where Judge Stewart presided. He was a clear-headed man, one of the best of men, and as "sharp as a steel trap."
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HOGS THAT WOULD BITE.
Some forty years ago the "range" was good and there were but few fences to keep the stock up ; hogs roamed at large and became " ferae naturae," and many people thought they had the same right to kill a wild hog as to kill a wild deer. It is said that Judge Stewart was charging the jury heavily all along the line against this practice, when an old fellow, "with a dram ahead," ran up and said, "See here, Judge, you have said enough about killing ยท hogs; if you don't mind you will hurt feelings here; so go at something else, Judge." The Judge ordered the sheriff "to take Mr. Josling out of the court-house." The old man turning to- ward the door said, "Never mind, Judge, I was just going out myself;" but, as he went, he added, "Judge, if you don't mind you will hurt feelings here." In connection with this anecdote, I must give you another on the hog question. Johnson had many of these wild hogs running at large, and for many years he suspected Smith of killing his hogs. They were both strong Dem- ocrats in the great contest between those good old parties. John- son being in the woods, heard the crack of the rifle and heard a hog squeal, and, rushing up, he found Smith had killed his hog .. He said to Smith, " I can stand this no longer, but as I don't wish to divide the Democratic party or injure it, I'll tell you what I will do ; I will give you $50 in cash, if you will pledge your honor that you will not kill any more of my hogs." Smith con- sidered awhile, and said that rather than injure the party, he would take the $50, and kill no more of his hogs, "but, brother Johnson, I will lose a good deal of pork by accepting of your proposition, sure."
DISTINGUISHED LAWYERS OF THE PAST.
Judge Humphreys was born on Yellow creek, in Stewart county. He was Judge of the Superior Court for many years till 1809; he was one of the Commissioners on the part of Ten- nessee in fixing the boundary between this State and Kentucky; was elected to Congress from this district, and sustained Madison and the war of 1812: was afterwards elected Judge of the Cir- cuit Court, and held that position until near his death. He was an able Judge and a most courteous man. I practiced before
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him in Robertson county. There was then, Cave Johnson, the able Attorney-General of this circuit; for fourteen years elected to Congress; was Postmaster-General, and afterwards President of the Bank of Tennessee. He was born in Robertson county, Gen. Thomas Johnson being his father. He was one of the ablest and most trustworthy of Tennessee's distinguished sons. There was W. B. Johnson, for many years the Attorney-General of this circuit. He was one of the most fearless, most reliable of men. There was Geo. C. Boyd, who died young, but was the ablest lawyer of his age in Tennessee, perhaps equal to the ablest. There was my former partner and friend, Col. Alfred Robb, who fell at the head of his regiment at Fort Donelson, some twenty miles from here. He was a patriot, not less distin- guished for his talents than for the many virtues that adorned his character. There was my old friend, Hocket Allen, at times, when in good trim, one of the most eloquent men in the State; he, too, practiced in your county. All these men now rest under the clod of the valley. They formed a galaxy of talent equal to any in Tennessee. I have often broken a lance with them, and know whereof I affirm.
Hocket Allen and Col. Garland, a powerful, athletic man, de- fended White, who was charged with murder. The strong wit- ness against White was Carrol Joiner, and it became necessary to break the force of his testimony, or their client was lost. Garland, now dead, a clever, talented gentleman, made a furious onslaught upon Carrol Joiner. When Hocket Allen came to speak in the defense, he displayed great tact and ingenuity. Carrol was a fighter himself. Hocket, in addressing the jury, said, "Gentlemen, I will not say that Carrol Joiner has sworn to a lie; but this I will say, the big-fisted fighting man, Col. Garland, has said that Carrol Joiner has sworn to a lie, and he has proved it, too, gentlemen. And I will say this, if I wanted to swear to a lie, I would swear precisely like Carrol Joiner has sworn in this case." The result was an acquittal.
INDEPENDENCE DAY, AND GRIEVANCES OF THE COLONIES.
Ladies and gentlemen, you have appropriately appointed this day, the 4th of July, to lay the corner-stone of the splendid edifice which you have devoted to the administration of justice ;
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the 101st anniversary of our national independence! the decla- ration of which was drawn by the great apostle of liberty, Thos. Jeffersou, and portrays in living light the grievances of the Col- onies, and the causes that impelled them to take up arms to fight freedom's battles.
It may be expected of me to review the causes that led our patriot fathers to a determination to declare their independence of the mother country. The merchants of England complained of their losses by the depreciation of the value of colonial paper, and the Board of Trade resolved that this paper should not be received in payment of debts. This order set the whole country on fire. English navigation laws closed the ports of the Colo- nies against foreign vessels, and forbid them to import goods only from England, and in English vessels only, and imposed heavy duties upon the home-trade with the Colonies. The man- ufactories of the Colonies were totally prohibited from competing with those of England, and they were subjected to intolerable restraints. The interests of New England were chiefly commer- cial, and these restrictions bore heavily on that section. Repub- lican principles sprung into existence during the reign of James I., when disputes concerning the royal prerogatives ran high. The Pilgrims planted the Plymouth Colony in 1620. The Hu- quenots of France shortly after this period planted their Colo- nies in South Carolina, and extended their settlements into North Carolina, Georgia, and Virginia. Both were bold, chiv- alrous races, who would die by their principles; the one had been oppressed in England, the other in France; warred upon and driven from their native land for their opposition to Mon- archy and the Established Church, they devoted their lives to civil and religious liberty. Germany, Spain, the United Prov- inces, and Italy, oppressed by a like despotism, sent forth their best population. They all sought the wilds of America for the indulgence of the freedom of opinion which was denied them at home, and brought with them the spirit of independence and the right of self-government. Every revolution in Europe sent forth the best population, until the whole lump had been leav- ened with the spirit of liberty.
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