USA > Texas > The bench and bar of Texas > Part 17
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The assiduity with which he pursued his labors upon this work, and which was afterwards unremittedly applied to his duties as reporter and the demands of his profession, finally undermined a naturally robust and vigorous consti-
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O. C. HARTLEY.
tution. He became a martyr to his industry and ambition, and died of apoplexy of the brain at his residence in the city of Galveston on the 13th of January, 1859.
Mr. Hartley was a thorough scholar. Possessed of a patient fondness for investigation and the acquisition of knowledge, he had, from his early youth, devoted his life to its pursuit, and his mind was disciplined by a thorough and systematic training, and expanded by constant intel- lectual nourishment. Before he left his native State he had attracted the attention of Judge Jeremiah Black, who was at that time chief justice of Pennsylvania, whose friend- ship he secured and retained. He had also won the interest and esteem of Mr. Buchanan, who gave him flattering tes- timonials as a sessame to public confidence in Texas.
As a lawyer, his philosophical turn of mind led him to closely investigate the relations of things, and to study their correct association ; hence his skill in analysis was acute, and his powers of comparison and parity of reason, of a high order. He was careful in the selection of his prem- ises, and when conscious of their correctness his conclusions were deduced in a clear and logical train. He had accus- tomed himself to look at both sides of a question, and per- ceiving the proper line of attack, he was prepared to adopt the most effectual line of defense.
Notwithstanding his devotion to his profession, and his ambition to attain a high position at the bar, Mr. Hartley took a deep interest in the political issues of his day, and sought to measure all doubtful questions by the authority of the Constitution. He was a good constitutional lawyer, and his patriotism was kindled by the discussion of its in- terpretation and the merits of its provisions. He was ex- emplary in his private and social life. Reared by a Christian mother, he was early guided into the walks of piety, and at his death was a member of the Episcopal Church. He was one of the few precocious youths whose after life realized the hopes of parental ambition and the promises of early years. He possessed a high sense of honor, and his conduct was guided by an enlightened judg-
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ment and sensitive conscience. When the Legislature authorized the Governor to subscribe for his digest it pre- scribed that the binding should be law calf, and when his publishers remonstrated against that kind of binding and suggested law sheep, the usual material for such work, he insisted that it should be bound in the material designated by the Legislature, though it was apparent that the require- ment was the result either of ignorance or inadvertence. His works will preserve his name and memory as long as there remains an annal of Texas jurisprudence.
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THOMAS J. JENNINGS.
THOMAS J. JENNINGS.
Thomas Jefferson Jennings, an eminent lawyer and Attorney-General of Texas, was born in Shenandoah County, Virginia, in the month of October, 1801. His father, William Jennings, was sheriff of that county for a number of terms, and, in 1808, represented it in the Legislature of Virginia. He subsequently removed to Kentucky and set- tled in Todd County, where the subject of this sketch was chiefly reared and prepared for college. He graduated with first honors at the Transylvania University in 1825, and afterward taught a school in Tennessee two or three terms, during which he prepared himself for the bar.
In 1828 he began the practice of law at Paris, Tennes- see, but shortly afterward removed his office to Hunting- ton, where he entered upon the path of professional distinction in which he continued to advance during the remainder of his life. In 1835 he emigrated to Mississippi and settled in Yazoo City, where he obtained a large and lucrative practice. In 1840 he removed to Texas and located in San Augustine, at that time the Temple Bar of the young Republic, at which many eminent lawyers and judges began their successful career ; but having remained one year at San Augustine he located permanently at Na- cogdoches, where he practiced in copartnership with Judge W. B. Ochiltree until his talents and ability were recognized and confirmed by official promotion.
In 1852 he was elected Attorney-General of the State, and was re-elected in 1854. He declined a re-election in 1856 against the popular wish that he should continue in that office, and retired to his plantation near Alta, in Chero- kee County. But the efficiency of his public services were too highly appreciated to be dispensed with, and in 1857
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he was chosen to represent that county in the Legis- lature.
He was strongly Southern in his views and sentiments and favored prompt and vigorous measures of resistance to the threatening attitude of the incoming administration of President Lincoln toward the institutions of the South. He was a member of the Texas secession convention in 1861, in which, with a conscientious conviction of right, he cast his fortune and sacred honor with the fate of the Con- federacy. He was soon afterward stricken with paralysis, by which he was confined to his bed for nearly two years and never fully recovered from the effects of the attack; but having removed in 1864 to Tyler, he formed a copart- nership with Thomas Selman and continued his practice there until 1877, when he removed to Fort Worth, which was the field of his last professional labors. He died at the latter place on the 20th of September, 1881.
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JOHN A. WHARTON.
JOHN A. WHARTON.
The subject of this sketch was born in Nashville, Ten- nessee, during the month of April, 1809. His parents were natives of Virginia. His father, William Wharton, was born and reared in Albemarle County, and his mother, whose maiden name was Judith Harris, was reared in the adjoining county of Nelson. They removed to the neigh- borhood of Nashville soon after their marriage and were among the pioneer settlers of that country.
John lost his father when he was about seven years of age, and in a short period his misfortune was more than doubled by the death of his excellent mother. Thus situated, his uncle, Jesse Wharton, who was also a citizen of Nash- ville, became the guardian of his person and his little fortune. He gave him the best opportunities for acquiring an education that Nashville could then afford; but John is said to have been averse to the discipline and application necessary to attain distinction as a scholar; yet he was an ambitious and aspiring youth, and as soon as he was qualified, chose the law as his profession, and began a vigorous preparation for the bar.
Having obtained his license, and finding the bar at Nashville crowded with many lawyers of eminence, he saw but little immediate prospect for one of his age and attain- ments, and determined to remove to New Orleans and seek his fortune by the practice of his profession in that city. He was but twenty-one years of age when he located in New Orleans, where he maintained himself by his practice for about four years.
In the meantime his older brother had married a Texan lady and had become a resident of this State; and it was apparent that the Texans would soon declare their inde- pendence of Mexico and establish a government for themselves. This prospect opened a new and inviting field
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to young Wharton. He had been reared in the immediate neighborhood of General Jackson, of whom he was a great admirer, and drawing his inspirations from the fame and sentiments of that famous chieftain, he immediately and ardently espoused the cause of Texas.
In 1833 he abandoned his residence and his practice in New Orleans and removed to Brazoria County, where his brother then resided, and from that time became a zealous advocate of the Texas Revolution. The history of those times shows that as early as the 23d of June, 1835, the municipality of Columbia, in the county of Brazoria, had the honor of first calling for a consultation. The citizens of the county generally approved this course, and at a public meeting held on the 15th of August following, instructed their committee of safety to prepare an address to all the people of Texas, requesting union and concert of action for a general consultation of all the municipalities.
In furtherance of this movement, John A. Wharton, Branch T. Archer, William H. Jack and others, were appointed a committee, who, on the 20th of August issued an address which was dispatched to all the jurisdic- tions, advising that an election should be held in each municipality on the 5th of October, for the purpose of choosing five delegates to represent them in a consultation to be convened at Washington ten days afterwards.
In this and in all subsequent proceedings, John A. Wharton was among the leading spirits. In the conflict which shortly ensued, he was the adjutant-general of Gen- eral Houston, and bore a conspicuous part on the battle- field of San Jacinto. When the onset was over and the Mexicans surrendered and threw down their arms, he was as solicitous to save the lives of the prisoners as he had been but a few moments before to win the battle.
It will be borne in mind that this occurred within a very short time after the massacre of the Texas soldiers at the Alamo and Goliad; and the soldiers at San Jacinto, burn- ing to revenge the deaths of those who had been their com- rades in arms, charged upon the camp of the enemy with the inspiring war cry, " Remember the Alamo ! Remember
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Goliad !" So intense was the excitement, that they con- tinued to massacre the Mexicans after they had surrendered and thrown down their arms. To arrest this, Wharton threw himself, as it were, between the parties, and com- manded the Texan soldiers to cease firing upon the enemy. Finding that one man disobeyed his command and was about to fire upon a Mexican, Wharton drew his pistol and leveled it at the disobedient soldier, commanding him to desist. At the same time, so great was the excitement that three other Texan soldiers leveled their rifles upon Whar- ton, determined to shoot him if he executed his threat.
Thus this brave and noble man saved the life of a sup- pliant enemy at the imminent peril of his own.
On the day after the battle, when General Santa Anna was taken to the headquarters of Houston, in the disguise of a common soldier, Wharton, fearing that, if he was recognized by the Texans, they might, in their blind fury, put him to death, had recourse to a ruse whereby he could command the attention and acquire influ- ence over the minds of the soldiers. Having assembled them by a call " To arms !" he addressed them as follows: " Soldiers, on yesterday each individual in this gallant army covered himself with glory, winning the freedom of our country by conquering a force more than twice our numbers. You have defeated in battle and taken as pris- oner the commanding general of the Mexican army, Santa Anna, the President of eight millions of people. He, who but yesterday deemed himself the arbiter of others' lives, is now a suppliant for his own. Remember, soldiers, that the truly brave are always generous, always merciful. The eyes of the world will soon be attracted towards us by the glory of our achievements. Let us do nothing to tarnish our arms; but, on the contrary, let us prove to mankind that we are as generous as we are brave." This speech perhaps saved the illustrious prisoner from assassination and the army of San Jacinto from disgrace.
The next office held by Colonel Wharton was that of Secretary of the Navy. After the Mexican army had abandoned Texas and the courts were organized, in the year 1837, he opened an office in the town of Brazoria and
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engaged again in the practice of law. E. M. Pease, Esq., became his partner, and they practiced together under the firm name of Wharton & Pease, until the month of April, 1838. Then John W. Harris became a partner of the firm, and the three practiced together under the name of Harris & Pease. Their practice soon became extensive, and they were engaged in the most important cases.
In the summer of 1838 Colonel Wharton was elected to represent the county of Brazoria in the House of Repre- sentatives of the Republic. He repaired to Houston (which was the seat of government ), in the fall of 1838, to be present at the meeting of Congress. There he was taken violently ill and died in the latter part of that year.
John A. Wharton was a man of a superior caste of mind. He was self-relying ; formed his opinions from his own judgment, and was of a stern and independent will. He was regarded as one of the leading lawyers of the Republic. At the bar he was esteemed an able competitor. He was a logical and eloquent debater, and his high moral stand- ing gave great weight to his arguments. The consequence was that he practiced his profession with great success.
Among those with whom he associated he had the warmest and most devoted friends. These he deserved to have; for those who knew him best were at a loss which to admire most - the elevation of his mind or the generosity of his heart.
I can not better conclude this sketch than by quoting a few extracts from the eulogy pronounced upon Colonel Wharton by David G. Burnet, the ex-President of the Republic. When his remains were brought into the House of Representatives, and the members of Congress with many others were there assembled, the venerable ex- President commenced his eulogy thus : "The keenest blade upon the battle-field of San Jacinto lies broken be- fore you."
In a subsequent portion of his address he said, " A nobler spirit than John A. Wharton's does not adorn the annals of Texas; " and to show the nobility of Wharton's nature the speaker continued: " And all the oppressed that wanted strength had his at their command."
Gov. E. M. Pease
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ELISHA MARSHALL PEASE.
ELISHA MARSHALL PEASE.
The subject of this memoir was born in Enfield, Con- . necticut, on the 3d of January, 1812. His early educa- tional advantages were limited to the schools of his native town and a short attendance at an academy in West Field, Massachusetts. At the age of fourteen years he was placed as a clerk in a country store and early acquired a knowl- edge of accounts, and the habits of promptness and punc- tuality in business, which characterized him in after life and insured for him a successful career.
While in New Orleans on business in the fall of 1834 he was allured by the glowing accounts which he heard of the features and prospects of the country west of the Sabine, and determined to seek a home and fortune in its virgin wastes. He proceeded to Valasco and thence to the frontier settlements on the Colorado and located at Mina, now the town of Bastrop, where he began the study of law in the office of Colonel D. C. Barrett, who had just entered upon the practice of the profession. He pursued his stud- ies with energy and vigor; but his clerical qualifications caused him soon afterward to be appointed secretary of the Committee of Safety for the jurisdiction of Mina, and in this capacity he began that active participation in public ยท affairs which continued with intervals throughout his long, eventful and useful life.
The first sounds of the Texas Revolution in 1835 kindled the most ardent sentiments of patriotism and awakened every energy of its people. Mr. Pease was engaged in the first skirmish of the war at Gonzales, and was soon afterward made secretary of the council of the Provisional Govern- ment, and held that position until the government ad interim intervened in March, 1836. So marked and recognized
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were his abilities that, although he was not a member of the convention which declared the independence of Texas, they were invoked to assist in framing the ordinances of the new government and the Constitution of the Republic. During the summer of 1836 he served successively as chief clerk of the navy and treasury departments, and for a short time acted as Secretary of the Treasury upon the death of Secretary Hardeman.
In November, 1836, he was appointed clerk of the Judi- ciary Committee of the House of Representatives, and drafted the laws organizing the judiciary of the Republic, and the laws creating and defining the duties of the various county officers. At the close of the first session of Congress in December, 1836, President Houston ten- dered him the position of Postmaster-General ; but he declined the office and returned to the study of law in the office of Colonel John A. Wharton, of Brazoria.
In April, 1837, he was admitted to the bar at the town of Washington, but soon afterward accepted the office of Controller of Public Accounts. He resigned this position in the ensuing December and retired to Brazoria, where he resumed the practice of law in copartnership with Colonel John A. Wharton. In 1838, John W. Harris became asso- ciated with them, and after the death of Colonel Wharton, which occurred soon after, the firm of Harris & Pease continued for many years, and became one of the most dis- tinguished in the State. During this period Mr. Pease served as district attorney for a short time, and after an- nexation, in 1846, was elected to the first Legislature from Brazoria County. In the business of this assembly he took an active part, and was the author of the laws regulating proceedings in the District Courts and of many other laws of importance enacted during that session. He was re- elected to the House in the second Legislature, and, as chairman of the Judiciary Committee, originated the pro- bate laws of 1848.
In 1850 he was elected to the Senate in the third Legis- islature, and served during the regular session ; but, being absent from the State when an extra session was convened
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by Governor Bell during that year, he resigned and ter- minated his legislative services.
In 1853 he was elected Governor of the State and was re- elected in 1855. The period of his administration was one of great prosperity, and measures were adopted which pro- moted the permanent welfare of the State. The revolu- tionary debt of Texas was paid, a school fund of two millions of dollars was created ; alternate sections of lands granted to railroads were set apart for the benefit of public schools ; the lunatic asylum, orphan asylum, institutions for the deaf and dumb, and for the blind, were established, and ample grants of lands were made for their support. One hundred thousand dollars were set apart for a State university. All these measures were recommended by him and effected by his influence. The expenses of the State government were restrained below the amount of revenue derived from taxation, and at the close of his administration Texas was entirely free from debt. His rejection of the attempted deposit of the spurious Pacific Railroad bonds and other instances of watchful care over the interest of the State saved to it large sums of money. Governor Pease always acted with the Democratic party until the policy of secession drove him from it in 1861. He did not think that there was anything in the situation of affairs to justify that measure, and he viewed it as a sure path to disaster and humiliation. He remained in Texas during the war, but took no part in public affairs, and after its close acted with the Republican party. In 1867 he was appointed Provisional Governor of the State by the military authorities and held that office until 1869, when he resigned in consequence of a dif- ference of opinion between him and the commander of the district in regard to the reorganization of the State govern- ment. He represented Texas in the convention at Cincin- nati in 1872, which nominated Horace Greeley for President. In 1874 the office of collector of the port of Galveston was offered him by Secretary Bristow, which he declined, but accepted the position in 1879 when it was tendered him by President Hayes, which was his last public service. He was afterwards vice-president of the First National Bank
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of Austin, and died at Lampassas on the 26th of August, 1883.
Governor Pease was endowed with intellectual talents of a high order. He was quick to perceive the character and gist of a proposition, acute in discerning those features of a question which form the hinges of reason, and prompt in the exercise of a sound judgment. He possessed great in- tellectual independence, and, however extensive may have been his knowledge of the opinions of others, always relied upon himself for a satisfactory and conscientious solution of the facts and principles which underlaid the subjects of his investigation.
As a lawyer these qualities rendered him a safe and sure- footed guide and counselor. His conclusions were the re- sult of a deep and patient search for truth. His judgment was sustained by a calm, impartial and discriminating mind, and his views were maintained with honesty and can- dor. Few lawyers were more expert in determining the merits of a case upon proper statement of the facts, and he never counseled hopeless or doubtful litigation, but made it a rule to advise his clients that a bad compromise was often better than a good suit.
In consequence of an impediment in his speech he made no pretensions to oratory, and rarely made an oral argu- ment at the bar ; but when he did address the court or jury, notwithstanding his disadvantages, so great was the confi- dence reposed in his judgment and sincerity that he never lacked the most interested attention, nor failed to make a favorable impression. His briefs were always clear, fair and logical, and while his patient research armed him with every available feature, he never sought an undue advan- tage. So fixed and prominent were these traits that Chief Justice Wheeler once said that the statements of the facts in his briefs were always so lucid and just he could rely upon them without reference to the record.
Candor and sincerity were the ruling traits of his charac- ter. He followed the guide of principle and never tem- porized with expedient ; but while he possessed an adamantine will, he was quick to recede from a position
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which could not stand the test of reason and experience. These qualities would have rendered him an excellent judge. His decisions would have been strictly upon the merits of a case, regardless of the persons who might have been the parties to the contest. He considered the law as the common base of society, upon which every member should stand with a fair and equal footing; and its proper admin- istration the most sacred function pertaining to human affairs. The deep indentations which its great principles had wrought in his mind met with reciprocal impressions upon his heart, and it was to him truly a " rule of action" in all the relations of life, which he delighted to enforce upon those who sought to violate its precepts or evade the dictates of justice. His accurate perception, acute analysis and superior judgment enabled him to eliminate from almost every medley of circumstance or contrariety of precedent the principles of truth and equity. He was thoroughly familiar with the laws of Texas, and with the elements and peculiar combination of its jurisprudence, which he knew in its origin and in all the phases of its development. This, with his unswerving integrity and known love of justice, invited confidence and patronage, and he was one of the most successful practitioners in the State.
His strong will and independent interpretation of the nature and import of events impelled him, while he was Provisional Governor, to advocate a policy obnoxious to a large majority of the Texan people. But it was not the dictate of partisanism, as charged by his opponents. He was as honest in his political convictions as in his legal opinions. It was an error arising from the novelty of cir- cumstances, rather than from a capricious will or inimical design. He believed that the tenets and policy of the dominant party, emerging from the results of the civil war, were permanent and unalterable, and that the sooner and more effectually they were accepted. and enforced, the sooner would peace and prosperity be re-established. But when, during the administration of Governor Davis, he saw the iniquities to which they might lead, he recoiled from
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the partisan excesses of that executive and threw his great influence into the scale of conservatism.
In private and social life, Governor Pease was a model of propriety and gentility. He carried his best qualities into the circles of friendship and affection, and in all his dealings with his fellow-men not a breath of injustice or undue advantage marred the faith reposed in his personal integrity. His word was deemed a sufficient seal to any obligation, and no man was more readily and safely trusted. He was congenial, generous and kind-hearted, and his home was the seat of a genuine and flowing hospitality. He was married in 1850 to Miss L. C. Niles, of Windsor, Connecticut, and this accomplished and most excellent lady still maintains, at her elegant seat near Austin, the hospitality which, in his lifetime, welcomed his friends to his generous board.
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