USA > Texas > The bench and bar of Texas > Part 35
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During the war he was made brigadier-general of Texas State troops, and his services everywhere were rendered
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with zeal and efficiency ; and his devotion to the cause which he had espoused never wavered, nor did his spirit wane so long as there was any hope of its success. But when the curtain closed over the scene, he yielded complacently to the just demands of the result, and was content with the pos- session of honor.
At the close of the war he returned to the practice of his profession, and formod a copartnership with Judge George F. Moore, which continued until the latter was again elected to the Supreme bench ; and when Judge Moore was removed by military authority their copartnership was re- sumed and continued until the latter was elected the third time to the bench of the Supreme Court. He afterwards formed a copartnership with Judge John Hancock, which still exists.
General Shelley is a lawyer of fine ability, and a man of the sternest integrity. He possesses a profound knowledge of law, and his powers of research are acute and indefati- gable. He is true and faithful to his clients, and a man of exemplary character in all the relations of life. His men- tal vigor, accurate judgment, and intense application render him a safe counselor, and he has been eminenty successful in all the branches of the profession. He has been engaged in many important cases, and in many involving questions of first importance in the jurisprudence of the State, among which may be mentioned the following: -
Fisk v. Miller, 20 Texas, 572, which was a suit for injunc- tion, and to obtain a second action for defendant, as allowed plaintiff in trespass to try title by statute. Held, that the right of a second suit was not given to defendant.
Mitchell v. Burdett, 22 Texas, 633. Defendant must show the incidents of ownership as specified in the statute, and all these continued in connection for the full period of five years, to maintain the plea of limitation.
Dorn v. Dunham, 24 Texas, 366. This case involved the question of possession in good faith by one who pur- chased of a tenant in common a specified portion of the common estate.
Green v. Bank, 24 Texas, 508-522.
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NATHAN G. SHELLEY.
Houston, Top. & B. R. R. Co. v. Randolph, Treasurer, 24 Texas, 317. Establishing a rule upon the subject of man- damus.
Berry et al. v. Shuler, 25 Texas, 140, 143. The rule under the statute giving effect to appeal and writ of error bonds as judgment liens from the date of execution.
Ex parte F. H. Coupland, 26 Texas, 386. This case.in- volved the question of the constitutionality of the Conscript Act of the Confederate States Congress. He was attorney- general at the time.
Cherry v. Speight, 28 Texas, 503. This was a suit upon a judgment in favor of an administrator of an estate in Mis- sissippi to enforce payment out of assets brought to Texas, in the hands of the administrator of the judgment debtor who died after judgment in Mississippi.
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RICHARD B. HUBBARD.
Richard Bennett Hubbard, minister of the United States to the Japanese Empire, was born in Walton County, Georgia, in the year 1834. He enjoyed excellent early advantages and graduated with honor at Mercer Univer- sity in 1851. Having afterwards attended a course of law lectures in the University of Virginia he graduated in the law department of Harvard College in 1852, and soon after- wards removed to Texas and located in Tyler, where he entered upon the practice of his profession and has since · continued to reside. He was a young man of amiable dis_ position and exceedingly popular manners, which, with his fine talents, introduced him at once to public notice and favor, and his professional advancement was rapid aud con- tinuous. But his patriotic and beneficent traits of character naturally inclined him to the field of politics and in 1855 he relinquished a large a lucrative practice and entered upon the canvass of the State in the interest of the Democratic party against the Know-Nothing organization. The earn- estness of his manner and the brilliancy of his oratory fascinated the people and his services were of decided and enduring value to his party.
In 1852 he was sent as a delegate to the convention at Cincinnati, which nominated Mr. Buchanan for the Presi- dency and at the request of many leading Democrats can- vassed Texas in advocacy of his election. Through the influence of General Rusk and J. Pinckney Henderson, who were impressed with his ability and usefulness, he was ap- pointed by Mr. Buchanan United States attorney for the Western District of Texas, and discharged the duties of that office with distinguished efficiency until 1858, when he resigned it and was chosen to represent his county in the
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Legislature, in which his services were again conspicuous. In 1860 he was elected one of the delegates from Texas to the Charleston Convention, in which he was an ardent sup- porter of Breckinridge and Lane, and exerted all his powers to secure their election in the heated contest of the cam- paign which ensued.
Mr. Hubbard was deeply imbued with the principles which actuated the Southern people in their withdrawal from the Union. The sentiments which prompted their action in- spired his political faith and he stepped boldly into the cur- rent of events which flowed from it. He favored secession as the only means for the accomplishment of what he con- ceived to be a righteous end, and when hostilities began he raised and commanded the Twenty-second Regiment of Texas infantry and served in the field until the close of the war. He then returned to Texas and devoted himself to agricul- tural pursuits on his farm in Smith County, until his politi- cal disabilities were removed, when he assumed his practice and has since devoted himself almost exclusively to his profession.
He was chosen by the Democratic Convention of 1872 one of the electors for the State at large on the Greeley ticket, and by his eloquence and energy contributed largely to the majority which Texas gave to that candidate. In 1874, he was the president of the Democratic State Con- vention which assemble at Austin, and was made chairman of the State executive committee. He was also a promi- nent candidate for the nomination for Governor, having re- ceived the next highest vote to that which nominated Governor Coke, and was afterwards declared to be the unanimous choice of the convention for the office of Lieu- tenant-Governor, to which he was elected by over fifty thousand majority. By virtue of this office he presided over the Senate of the Fourteenth Legislature, and his presidency of that body was characterized by a fairness, fidelity and ability which gave full satisfaction to the mem- bers and elicited the highest praise of the people. The new Constitution of 1875 vacated all the offices of the State, and in the following convention at Galveston he was
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re-nominated for Lieutenant-Governor by acclamation and was re-elected by more than a hundred thousand majority of the popular vote.
In December, 1876, he was elected to the gubernatorial chair in consequence of the election of Governor Coke to a seat in the United States Senate, and his administration is noted for being one of the most efficient and felicitous in the history of the State. The protection he afforded to the inhabitants of the frontier, his stern and energetic sup- pression of crime produced a feeling of safety which drew many immigrants to the State, and set in motion a flowing tide of prosperity. The measures of reform, which he especially advised in regard to public economy and finance, are characterized by the highest order of wisdom and fore- sight, and infused a healthful spirit into public polity.
His recommendations in regard to the funding of pen- sion bonds, the transportation of prisoners, the lease of convicts, the limitation of official perquisites and the dis- position of the public school lands, have been for the most part adopted by the laws of the State. But he was not in favor of a policy of false economy. While he advised the retrenchment of public expenditures within the means of the State to pay promptly and with honor, he advocated an enlightened and liberal statesmanship, which would " not by miserly compensations" drive the ablest judges from the bench, the most faithful clerks from their desks, and the soldiers from their frontier posts, and he favored the bestowal upon the institutions of charity, the colleges, uni- versities and free schools of Texas an intelligent liberality worthy of its dignity and the civilization of the age. Re- fering to the merits and defects of the new Constitution, in his retiring message in 1879, he said: -
" A final report from the retiring executive at this time would be incomplete in the absence of any allusion to our organic law and a statement of its practical operations during the period which has elapsed since it went into effect. Adopted by a very decided majority of our voting people. there were still serious misgivings on the part of many who gave their sanction to it at the polls that some of its novel
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and untried provisions would prove impracticable, and that the many restrictions thrown around the practical machin- ery of the State would, in the end, seriously embarrass the government and produce confusion in its administration. But looking back now at our recently past history and re- viewing the difficulties which have presented themselves and those which we have surmounted, it is ascertained beyond question that the fears of a respectable minority of our people were not well founded and that our organic law, although still imperfect in some of its details, has demon- strated its excellence by practical experience and operation, and should not be idly displaced and tampered with. Under its salutary effect the accumulation of public indebtedness has been wholly curtailed, the outstanding debts of many counties have been extinguished, the annoyance and expense of special litigation have been almost altogether abolished, the public revenues of the State have been better collected, crime has been more thoroughly detected and punished, and the dockets of many of our inferior courts have been cleared of their accumulations and speedy justice administered between litigants in accordance with the behest of our Bill of Rights.
" Some of these blessings might have been possible of ac- complishment under former systems, but for a majority of them we are indebted to our present Constitution. It could not be expected that it would prove wholly good, coming, as it did, from human hands, but in approaching the delicate task of its amendment, we should be mindful of the good developed in it and take care to hold fast to that, while reach- ing out for the attainment of additional excellence and the correction of manifest defects. In principle, an organic law should be seldom interfered with by legislation, but should remain fixed and stable, to be studied and understood by the people, with the aid of constantly recurring expositions from our highest courts and wisest judges. Frequent changes tend to beget a spirit of unrest and to induce a want of respect for that which has become the key-stone of American republicanism. A fixed written Constitution for each State and the nation, constitutes the distinguishing
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characteristic of our system of republican government, and the corner-stone of our future hopes as a people. Let u- not so act as to educate our people to look for constant change at each recurring session of the Legislature, but at the same time let us not flinch from the responsibility of proposing such corrections as the necessities of the State imperatively demand at our hands.
" From careful observation, it occurs to me that the chief defect in our present Constitution arises from the inade- quate machinery provided by it for the dispatch of litiga- tion when appealed to our higher courts. The overcrowded state of our appellate dockets was appreciated by the con- vention which framed the constitution, and steps were taken by that body to provide adequate relief therefor, by the creation of a Court of Appeals, and vesting it with ju- risdiction over appeals in all criminal cases. This action, it was thought, would afford sufficient relief to the dockets of our Supreme Court to enable that tribunal to dispatch all civil business then standing upon the dockets, and also new business that might come before it. A limited expe- rience of scarce three years has disappointed our just expec- tations and demonstrated the urgent necessity for further relief. Notwithstanding the division of labor so inaugu- rated, our Supreme Court is further behind in its business than at the date of the adoption of the Constitution ; and the Court of Appeals which, the first year of its existence, kept even pace with the business upon its dockets, since . the expiration of that time has found itself unable to dis- patch appeals as fast as they accumulate, and as a conse- quence, its dockets at Austin and Galveston, and especially at the former place, show a large accumulation of cases undisposed of and awaiting action. No candid citi- zen who has had an opportunity for observing the amount of labor performed by the judges composing the two courts will hesitate to attribute this lamentable condition of af- fairs to the inadequacy of the system, and not to the dere- liction of the individuals composing the two courts. Of all the public servants of the State, none are compelled to perform such ceaseless labor as they ; and it is due to them,
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in a lesser measure, as well as to the public interest in a greater, that machinery fully adequate to the speedy dis- patch of business be provided without delay, by prelimi- nary suggestions of the Legislature and ratification by the people. In the multiplicity of the theories for relief, and the almost universal conflict of opinion thereon, I can not hope that any suggestions I may make upon the subject will escape hostile criticism, or commend itself to the judg- ment of even a majority of your honorable bodies, but my purpose will be fully effected by drawing your early atten- tion to this most serious grievance, leaving you in your combined wisdom to adopt some measure that will afford immediate and effective relief to the people of the State; for they are the sufferers from this condition of things. Nor can I be expected to do more than convey a general outline of my impressions in a communication like this, without attempting any discussion or going into detail.
" The Court of Appeals bas demonstrated its capacity to dispatch all appeals of a criminal nature, and I can see no reason why their jurisdiction should not be limited exclu- sively to that character of business. It is most important to the State and to every citizen, financially as well as morally, that our judicial machinery for the suppression and punishment of crime should be fully adequate to our necessities, and in case of conviction, as little delay as pos- sible should occur in the decision of appeals taken therein. The certainty and celerity of punishment is the most im- portant factor in the suppression of crime, and as by ex- perience we have ascertained that the disposal of appeals in criminal cases will occupy the full time of the court, sound policy would seem to dictate that it should be re- lieved of its civil jurisdiction in the former class of cases, rather than we should embark upon further experiments, by its abolition or consolidation with other tribunals. With the consolidation of all civil business in the Supreme Court, the danger of conflict in decisions is greatly de- creased, if not altogether dissipated, and the main argu- ment against separate tribunals is met and answered.
" Whatever reform may secure the approval of your hon-
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orable bodies, I must be pardoned for reminding you that the vast extent and varied interests of our State, and the immense population, present and prospective, within its borders, demand a judicial system of no ordinary charac- ter, and that a system suited to small States, or to ours in its infancy, will not suffice for us now. Two millions of people can not have their rights adjudicated by a judicial machinery provided for and adapted to the wants of three hundred thousand; and in applying a remedy to these de- fects, let us not sacrifice efficiency for the sake of false economy, but let us rather preserve the methods of a true economy by providing courts in which ' every person, for an injury done him, in his lands, goods, person, or reputa- tion, shall have remedy by due course of law.'"
The administration of Gov. Hubbard gave satisfaction to all classes of people, and at the Democratic nominating convention of 1878, before which he was not a candidate, he received the unmistakable assurance of popular favor expressed in the following resolution introduced by Judge Thomas J. Devine, and adopted with but two dissenting votes : -
" Resolved, That it is the sense of this convention that the administration of Gov. Hubbard has been eminently wise and just, and that he deserves the unqualified appro- bation of the people of Texas."
In 1876 Gov. Hubbard delivered a Centennial oration which was extensively published, both in this country and in Europe, and has been, no doubt, the means of inducing many people to emigrate to Texas. He appeared in 1879 before the Merchant's Exchange of St. Louis, and pre- sented the inducements which Texas offered to the capital- ists of that city for the investment of their means, and succeeded in engaging them to build the Grand Trunk Narrow Gauge Railroad from Texarkana to the Rio Grande, for which he has been the general attorney.
In 1884 he was sent as a delegate to the convention at Chicago which nominated Mr. Cleveland for the Presidency, . and was chosen temporary chairman of that assembly, in which the dignity of his bearing and the urbanity of his
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manners gained for him great respect and admiration. His portly appearance was accepted as typical of the grandeur of the event, and as auspicious of the magnitude of its result. It is an inherent element in the human mind, which can not be entirely eradicated by culture and experience, to associate great deeds and eminent qualities with a powerful physical organization, and when we are re- minded that the mighty Achilles, after slaying the great Hector, succumbed to the comparatively feeble javelin of Paris, and that the fragile sling of David was more effective than the ponderous beam of Goliah, we are disposed to refer it to the miraculous. Whether it may be ascribed to a state of mind kindred to that produced by sublimity, or to some subtle mesmeric agency, it is certain that a portly physical aspect and stentorian tone of voice, when there is no apparent effort to daunt or overawe, add greatly to the force of an orator and advocate; and when these are really combined with great powers of intellect the pre-eminence is complete.
Governor Hubbard possesses a large and vigorous mind as well as a huge physical form, and as an orator he has received the sobriquet of " the Demosthenes of Texas." He possesses in a high degree the power of feeling and making others feel an appreciation of the sentiment, " Si vis me flere, primum dolendum est tibi," the eloquence of passion. " The highest order of eloquence," says Mr. Blair, " is always the offspring of passion. A man may persuade others to act, by mere reason and argument ; but that degree of eloquence which gains the admiration of man- kind and properly constitutes an orator, is never found without warmth or passion. Passion, when in such degree as to arouse and enkindle the mind without throwing it out of the possession of itself, is universally found to exalt all the human powers. It renders the mind infinitely more en- lightened, more penetrating, more vigorous and masterly, than in its calmer moments. A man actuated by a strong passion becomes much greater than he is at other times ; he is conscious of more strength and force, he utters greater sentiments, conceives higher designs, and executes them
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with a boldness and felicity of which, on other occasions, he would think himself entirely incapable."
But to awaken this passion described by Mr. Blair there must be some inspiring influence, some ruling motive. This may be, as it often is, a selfish ambition or a desire of ap- plause, or it may arise from the softer emotions of the heart, or from a spirit of patriotism in which are blended all the noblest sentiments of humanity. To this last we niay ascribe the inspirations which characterize the best eloquence of Governor Hubbard.
During the presidential campaign of 1884, at the request of the Democratic National Committee, he canvassed the State of Indiana for the election of Cleveland and Hendricks, and his visit was everywhere received with the greatest appreci- ation and applause. His imposing personal appearance, fine powers of oratory, placid manners, and flow of humor enlisted the good will of the people for himself and his sec- · tion as well as for his cause, and his services and ability have been recognized in his recent appointment as Envoy Extraordinary and Minister Plenipotentiary of the United States to the empire of Japan.
Ex-Governor Hubbard has been twice married. His first wife was Miss Eliza Hudson, daughter of a distinguished physician of Lafayette, Alabama, and his second one was Miss Janie Roberts, of Smith County, Texas ; a lady whose charming grace and winning manners have added to the popularity and success of her husband.
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A. J. PEELER.
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A. J. PEELER.
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The subject of this sketch, one of the most eminent members of the bar of Texas, was born in Harris County, Georgia, on the 22d of April, 1838. When he was about ten years of age he immigrated with his father's family to Florida, where he resided until the spring of 1873 when he removed to Texas. His educational advantages were good, and before he had attained the age of majority he was ad- mitted by a special act of the Legislature of Florida to practice law in all the courts of that State. He received his license from the Circuit Court at Tallahassee, the capital of the State, in 1857, and entered at once upon the prac- tice of his profession at Newport, a small town about twenty miles from the capital. He remained there about two years and was then elected clerk of the Supreme Court, an office at that time of considerable importance, and which under the Constitution was required to be filled by joint ballot of the two Houses of the Legislature. He continued in this office, and at the same time attended to such prac- tice as he could obtain until the outbreak of the war be- tween the States, when he immediately entered the army and served first under General Bragg at Pensacola and afterwards under General Lee in Virginia until the battle of Gettysburg, in which he was wounded and taken pris- oner. At the time of his capture he was first lieutenant in Company I of the Fifth Regiment of Florida Infantry, and had served for a long time as adjutant of that regi- ment. For several days previous to the battle he acted as aide-de-camp to Colonel Lang, who was in command of the Florida brigade. On the second day of the battle, and just before the order to charge was given, Lieutenant Peeler, who was mounted, was sent to bring forward some men who
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had been stationed a short distance from the main line of battle. He returned with them just as the charge was begun, in which he joined and went through the fight on horseback until he was wounded, being the only mounted officer of the command. Of his gallantry on that occasion and also at the battle of Chancellorsville much was said by his comrades and the newspapers of the time. Having re- mained more than a month at Camp Letterman hospital, which was established near the battle-field, and afterwards a short time at the West's Building hospital in Baltimore, he was sent with a large number of other Confederate officers to Johnson's Island, in Lake Erie, where he was confined as a prisoner of war until a short time before the surrender of General Lee at Appomattox. Besides the battles of Chan- cellorsville and Gettysburg he participated in the battle of Fredericksburg and other fights in the hard fought fields of Virginia.
On being released from prison he returned to his home in Tallahassee, resumed his profession and engaged quietly but vigorously in the great struggle which was now common to all the Southern people - to procure meat and bread for themselves and families. He did not possess a cent, but was soon afterwards fortunate enough to be employed in the defense of a quartermaster of the United States army, who was being tried by a court-martial. And it is a singu- lar incident that an ex-Confederate officer, with even the Confederate buttons upon his worn and tattered coat, which under military orders were required to be covered, should have earned his first fee in appearing before the handsomely uniformed officers of the United States army and in repre- senting an officer of that army. A dollar in greenbacks seemed then to be a fortune, and he counted several hundred of them for his fee in this case, and says that he never felt so rich in his life. In quick succession he ap- peared in various important cases before military commis- sions. The determination of all controversies, for a while. even those involving the life and liberty of the people of the South, rested with these tribunals, and his services were valuable to his countrymen.
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