CHAPTER I

CHARLES CLINTON NOURSE

[Illustration: _Charles Clinton Nourse_

Photogravure by Elson, Boston

From Photograph by Edinger]

Autobiography of Charles Clinton Nourse

Prepared for use of Members of the Family

CONTAINING THE INCIDENTS OF MORE THAN FIFTY

YEARS' PRACTICE AT THE BAR IN THE STATE OF IOWA

PRIVATELY PRINTED

MCMXI

Copyright 1911

BY CHARLES CLINTON NOURSE

THE TORCH PRESS

CEDAR RAPIDS, IOWA

CONTENTS

I ANCESTRY AND EARLY LIFE 7

II EARLY EXPERIENCES IN IOWA 18

III REMOVED TO DES MOINES 38

IV RESUMES THE PRACTICE OF LAW 56

V SOME IMPORTANT LAW SUITS 79

VI VISITS VIRGINIA RELATIVES 95

VII PLEASURE TRIP TO COLORADO 99

VIII CENTENNIAL ADDRESS 104

IX TEMPERANCE AND PROHIBITION 109

X REGULATION OF FREIGHT AND PASSENGER TARIFFS 142

XI DES MOINES RIVER LAND TITLES 152

XII A. O. U. W. CONTROVERSY 163

XIII IMPORTANT EVENTS IN CAREER 165

XIV THE BROWN IMPEACHMENT CASE 171

XV MORE LAW CASES 185

XVI BIRTH OF A SON AND PERSONAL INCIDENTS 193

XVII BREEDER OF SHORT HORN CATTLE 203

XVIII B. F. ALLEN BANKRUPTCY 208

XIX ABOUT PROHIBITION 215

XX PERSONAL INCIDENTS 226

CHAPTER I

ANCESTRY AND EARLY LIFE

DES MOINES, IOWA, MAY, 1908

TO MASTER JOSEPH CHAMBERLAIN,

DEAR JOE:

I promised your father that I would write you a long letter containing

in detail something of a biography of myself. He assures me it is not

intended for publication, but only for your perusal and for such

friends of the family as may now or hereafter deem it interesting to

know something of those of the family who have preceded them.

In Washington county, in the state of Maryland, near the little stream

of Antietam creek, where was fought one of the memorable battles of our

Civil War, there is located a quaint, old fashioned village called

Sharpsburg. The inhabitants of the village and neighborhood were in a

large part Germans or of German descent.

On one corner of the public square there still remains, in fairly good

repair, an old fashioned stone dwelling house. In this house on the

first day of April, A.D. 1829, I was born, as were also my two older

brothers, Joseph Gabriel and John Daniel, born respectively June 25,

1826, and November 30, 1827. This stone house at one time belonged to

my grandfather, Gabriel Nourse, who was the son of James Nourse. The

ancestors of the latter are given in a book now in the possession of

your mother, entitled _James Nourse and his Descendants_.

In the basement or first story of this stone building my father taught

school about the time of the birth of his three boys, given above. At

that early day the people of the village and surrounding country were

not supposed to be very highly educated. If children were taught to

read and write indifferently and something of arithmetic, at least as

far as the single rule of three, their education was supposed to be

sufficient for the practical purposes of life. My father has related to

me that when he first commenced teaching in the village, in the

presence of such a company as usually assembles around a country store,

a wise man of the village explained to his admiring hearers that the

cause of the changes of the moon resulted from the fact that the earth

came between the sun and the moon and hence obstructed the light in

such a way as to produce the new moon and the various changes until the

full moon. My father rashly attempted to suggest that the wise man was

mistaken, for the obvious reason that the moon in its first quarter

could be seen in the heavens at the same time as the sun could be

observed, and it was impossible that the moon could be partially

darkened by the shadow of the earth. The wise man was rather mortified

by this exposure of his ignorance, but did not acknowledge his error,

but angrily reproved a young man for presuming to differ with him.

In this stone building also my grandfather, Gabriel, died in April,

1839, and was buried in the village churchyard. This stone house is

still standing at the date of this writing, and the basement room where

my father taught school is occupied as a store-room for vending relics

and curiosities gathered from the battle-fields of the neighborhood.

Three miles from the village of Sharpsburg, on the Virginia side of the

Potomac river, there is another quaint, old fashioned village called

Shepherdstown. Here my mother, Susan Cameron, was born October 25,

1803, and was married to my father, Charles Nourse, June 10, 1825. Here

in this village my mother died October 10, 1835. There is still

standing in this town the old Methodist church, surrounded by a village

churchyard, where will be found modest tombstones marking the graves of

my mother, and of many of her brothers and sisters, and also her

mother, Susan Cameron, who died at Shepherdstown, Virginia, July 20,

1855. My mother's father's name was Daniel Cameron, born in Scotland,

October, 1753. His wife was also of Scotch descent. Her family name was

Clinton, which name was bestowed upon me, and in honor of my

grandmother and to please her I have always been known in the family by

the name of Clinton, my first name being Charles, so named after my

father. My father, Charles Nourse, was born at Frankfort, Kentucky,

April 15, 1801.

Several years before my mother's death my father had removed from

Sharpsburg to Frederick City, Maryland, where he taught school for

several years, and while living there, to-wit, August 9, 1833, your

mother's mother was born.

My recollections of my mother are not very distinct, as I was only six

years old at the time of her death. Only one incident of my early

childhood I call to mind very clearly. I had been induced by my older

brothers and some neighbor boys, whilst playing in the market square at

Frederick City, to attempt to imitate them in the use of chewing

tobacco, which resulted in making me very sick. Whilst lying upon the

trundle bed in the room upstairs of the house where we resided, I

vomited very freely, and as I lay back upon my pillow, pale and weak

from the effort, I remember a kind face of one stooping over me and

sympathizing deeply, not knowing the cause of my illness, and I

remember how guilty I felt at being the object of so much undeserved

sympathy.

The last two years of our residence in Maryland we lived at a little

village at the foot of the Blue Ridge mountains called Burkettsville,

and during part of these two years my grandmother Cameron kept house

for us and had charge of her four grandchildren. I remember her very

distinctly, the most affectionate and patient woman it was ever my

fortune to know.

In February, 1841, my father, with his four children then living, took

the old fashioned stage-coach at Boonesboro, Maryland, crossing the

Allegheny mountains, coming on to Wheeling, crossing the Ohio river,

and thence via Zanesville and Somerset, Ohio, to the little village of

East Rushville in Fairfield county, Ohio. After teaching school in East

Rushville during the summer of that year, my father with myself and

sister Susan removed to Lancaster, the county seat of Fairfield county,

Ohio, leaving my two older brothers as heavy clerks in country

stores--my brother Joseph with a man named Clayton and my brother John

with a man named Paden, in two separate villages in the county of

Fairfield. My father taught school in Lancaster, Ohio, for four years,

I think most of the time for a compensation of $300 a year. As this sum

was hardly sufficient to support him and his two children at a

respectable boarding house, it became necessary for me to relieve the

situation and to start out in the world for myself. My first attempt

was in a country store at East Rushville with a man by the name of

Coulson. After four months heavy clerking with this man, he failed in

business and sold out his stock of remnants, and I returned to

Lancaster to my father. After a few months I again attempted to do

business in support of myself, and I hired out to another village

store-keeper, without any fixed compensation further than that I was to

have my board and clothes for my services. My duties consisted of

weighing out groceries, taking in eggs, butter, and feathers, and

packing and preparing for shipment the butter and eggs, for which there

was not sufficient local market. I also sold goods through business

hours, made fires both in the store and for the family, sawed wood,

milked the cow, and in the fall and winter fed, curried, and cared for

a half dozen horses that were shipped in the spring for the eastern

market. At the end of sixteen months of this kind of service my

employer advised me and also my father that I would never make a

merchant. I had positively refused to conform to his instructions in

doing business in the manner in which he thought was most for his

interest. He was engaged also at that time in buying leaf tobacco that

was raised in the Hocking hills, for which he paid about one-third

cash, one-third on short time, and one-third in goods out of the store.

He had three prices or more for nearly everything he had to sell,

depending, of course, on the character of his customer and the kind of

pay he was to receive. For instance: his cash customers, of whom there

were very few, received four pounds of coffee for a dollar. His long

credit customers, of whom there were many, received three pounds of

coffee for a dollar, whilst his trade customers, especially those who

took goods out of the store for tobacco, received two and a half pounds

of coffee for a dollar. It was not easy for a young boy, or as young a

boy as I was at that time, always to understand the exact standing of

the customers, and it was necessary to watch carefully the old man who

was proprietor of the store, who indicated by signs upon his fingers,

which I too frequently misunderstood, just exactly how much coffee for

a dollar a customer was entitled to. One remarkable incident of the

manner in which my employer did business I remember very distinctly.

During the day our little store was crowded with customers who had sold

tobacco to our employer and had to take their pay in part out of the

store. A young man by the name of Johnnie, who was a year or two older

than myself and a favorite with the proprietor of the store, had during

the day sold to a German woman a large red and yellow cotton

handkerchief for the sum of thirty-seven and a half cents that was

marked twelve and a half cents and had cost us eight and a third cents.

The next day she returned with one of her neighbors who also had to

take her pay out of the store for tobacco, and she wanted another of

those red and yellow cotton handkerchiefs, which Johnnie sold her of

course at the same price. In the evening Johnnie and myself had to go

over to the old gentleman's residence before we retired for the night

and attend family prayers. During the evening the old gentleman recited

Johnnie's exploits in selling those cotton handkerchiefs for three

times the marked price, and then chuckled gleefully, praising Johnnie

for his success and how he would make a merchant, but that I would

never learn; and then turning to his eldest daughter he said: "Hand me

the bible, dear, we will have prayers."

Whilst living with this old gentleman I became thoroughly disgusted

with mercantile life, as I then saw it and witnessed it, and cast about

in my own mind seriously to know what I should do for the future. I

realized that I neglected my opportunities whilst attending school

under my father's instructions, and I resolved, as far as I could under

the circumstances, to supply the omission. I got out my old Kirkham's

grammar and my arithmetic and algebra, and spent many of my nights

after the store closed in study. At the end of sixteen months of this

life I returned again to my father, who was still at Lancaster. During

the last year that I lived at Lancaster I assisted my father in his

school, teaching the younger children, and still to a limited extent

pursuing my own studies.

In the fall of 1844 my father determined to remove to Kentucky, leaving

my sister Susan, your mother's mother, with Mrs. Catherine Sumner, a

most excellent Presbyterian lady with whom my father had boarded for

several years during his stay in Lancaster. My father first stopped at

Millersburg, Bourbon county, and took up school, but only remained

there a few months, having in the meantime heard of a vacancy in the

position of principal of the public school in Lexington. Having secured

this position at a salary then of only $600 a year, we removed to

Lexington in the early part of 1845.

I became one of the assistant teachers in this school at a salary of

twenty dollars a month for the first year, but subsequently was

promoted to the position of first assistant at a salary of thirty

dollars per month, and continued to occupy that position until the fall

of 1849, when I secured, by courtesy of the city council of the city of

Lexington, the favor of entering the law school of Transylvania

University, the city having a number of scholarships in that

institution at its gratuitous disposal. During the four years that I

taught school as an assistant in the city school, I still pursued my

own private studies at night, reciting to my father in the morning

before school hours, until about the year 1848, when I had saved money

enough from my meager salary to procure some text books of the law, and

commenced reading law. In the meantime I had formed the acquaintance of

a young lawyer, Abraham S. Drake, who became a very devoted friend of

mine and superintended my reading, giving me such instructions as were

necessary. My situation as a teacher in the public school in Lexington

was very trying upon my health. I had an average of about fifty small

children in a small room not more than twenty feet square, about six

hours a day except Saturday, and had to occupy myself with my private

studies when I ought to have had the privilege of and needed exercise

in the open air. I had some satisfaction, however, in the success of my

scholars, making it a specialty to teach them the art of reading well

and reading aloud, an art which in the subsequent years I have found

our public schools are sadly neglecting. I hope, dear Joe, you will

succeed while you are going to school in learning to read, that being a

neglected and almost a lost art in this day and generation.

In August, 1846, my father returned to Lancaster, Ohio, and married

Miss Hetty Herron, an adopted child of Mrs. Catherine Sumner's with

whom my sister Susan had been living. Returning to Lexington, he

continued teaching until 1850, when he removed to Millersburg,

Kentucky.

In the fall of 1849 I entered the senior class of the law department of

Transylvania University, and in March, 1850, graduated and received my

diploma from that school. My preceptors were two very able judges of

the supreme court of Kentucky, to-wit, Judge Robinson and Judge

Marshall. I had first taken up the idea of becoming a lawyer during my

residence in Lancaster, Ohio, where I frequently spent my Saturdays in

attendance upon the courts, listening with great interest to the

speeches and discussions of the eminent men who constituted the bar at

that place, among them Henry Stansbury, afterwards Attorney General of

the United States, Thomas Ewing, afterwards Secretary of the Treasury

of the United States during General Harrison's administration, Hocking

H. Hunter, afterwards one of the judges of the supreme court of Ohio.

Whilst residing in Lexington, Kentucky, I pursued the same course,

visiting the courts whenever opportunity offered, hearing such men as

Henry Clay and Thomas F. Marshall, and other distinguished lawyers of

Kentucky, arguing their cases.

In the meantime I had joined the Methodist Episcopal church on

probation, and made the acquaintance of Miss Rebecca A. McMeekin.

In the spring of 1850, after my graduation in the law department of

Transylvania University, I determined to visit Ohio. I had some idea of

settling in that state, as my two brothers who remained in Ohio were

then in business in Fairfield county, my oldest brother Joseph having

commenced the mercantile business on his own account at New Salem,

Ohio, and my brother John had commenced the practice of medicine in the

village of New Baltimore in the same county. Before leaving Lexington,

however, I felt it due to myself and to Miss McMeekin to explain to her

my frequent visits to her house. I wrote her a letter telling her of my

hopeless condition financially and of the uncertain prospects of my

success in my profession, but protesting my affection for her and my

good faith in the attentions that I had paid her, and asking her to

decide our future for herself. She made no reply in writing, but in my

next visit to her she simply expressed her faith in my ultimate success

in my profession, and her entire willingness to risk the future, so

that when I left Lexington for Ohio, which I did in April, 1850, I was

simply engaged to be married.

When I arrived at Lancaster I entered the office of John D. Martin, an

eminent lawyer of that place, in pursuance of a previous correspondence

with him. He had been a particular friend of my father and an assistant

to him in his school during my father's residence in Lancaster in

1842-3. He already had his nephew, Charles Martin, as an assistant in

his office and could not offer me any compensation or any work. After

two months I found it necessary to do something to replenish my

exhausted finances. I first took a select school in Millersport a small

town on the canal a few miles north of New Baltimore. After teaching

here for three months I took the winter school in New Baltimore at a

salary of $30 a month. In the meantime, through the acquaintances of my

brother Joseph, located at New Salem, and my brother John, located at

New Baltimore, I became known throughout that part of the country as an

embryo lawyer. Although not admitted regularly to the practice of law,

in the courts of record, I had the right to practice before the

justices of the peace of the county, and during that summer I tried

some seventeen cases before these inferior courts. I still continued my

studies of the law, using very frequently a book known there as

_Swan's Treatise_, compiled for the benefit of the justices of the

peace of the state by Judge Swan, of Ohio. This book also contained

many references to the supreme court decisions of the state, and I was

accustomed after school hours to walk to Lancaster and borrow these

reports from my friend, Mr. Martin, frequently taking them home and

using them upon the trial of my cases, which always occurred on

Saturdays when I had no school.

During my stay in Ohio, I read carefully and with much profit to

myself, the daily reports of the proceedings of the state convention

that was then forming a new constitution for that state.

Many eminent lawyers were members of the convention, among them Mr.

Stansbury, afterwards Attorney General of the United States, and Mr.

Raney, afterwards Judge of the supreme court of the state of Ohio.

Occasionally the learned men of the convention indulged their sense of

humor, and among other incidents of the debates I recall the following:

Among other members of the convention there was an uneducated man by

the name of Sawyer. Mr. Stansbury, of the committee on the judiciary,

reported a provision relating to the powers of certain courts,

authorizing them to issue writ of habeas corpus, procedendo, quo

warranto, and mandamus.

Mr. Sawyer objected to these Latin terms being in the constitution on

the ground that many of his constituents could not understand the

meaning of such terms and he wanted the committee to put the words into

English language, and also asked for an explanation of the meaning of

these words.

Mr. Stansbury very courteously explained that the difficulty was not in

the use of the terms proposed, but it was because his friend did not

understand the nature of these writs. For the benefit of Mr. Sawyer he

explained their meaning, but suggested that the use of any English

terms or words would not make the character of the writs any better

understood to those who are not familiar with the law. He said that the

literal meaning of the words "habeas corpus" was to have the body, and

the writ was issued in case any one complained of being illegally

imprisoned, or restrained of their personal liberty, and was intended

for the purpose of having the body of the person in whose behalf the

writ was issued brought before the court, in order that the cause of

his restraint or imprisonment might be inquired into and its legality

or illegality be determined; that to call the writ, a writ to have the

body, would not make the term any more intelligent than to use the

words "habeas corpus."

That the word "procedendo" simply meant to proceed or go ahead, and was

a name of a writ that was issued by the appellate court to an inferior

tribunal, authorizing them to proceed in accordance with the opinion of

the appellate court. Out of respect to the character of a man who had

become famous in the west, of an early day, he would suggest to his

friend Sawyer that this writ might be called a writ of "David Crocket,"

as it was a favorite motto of that individual to "Be sure you are right

and then go ahead."

That the literal meaning of the words "quo warranto" was, "Why do you

do it?" It was a writ issued by some superior court to an inferior

court or tribunal, corporation or officer, to ascertain by what

authority they exercised certain powers; that the only term in English

that would express the particular character of the writ would be the

words, "Why do you do it?"

The writ of "mandamus" was a writ issued by the court commanding some

inferior tribunal or officer to do and perform certain duties which

were required by law and which he had refused to perform. That the only

words in the English language that would properly define the character

of this writ would be, "Do it, damn you."

It is not necessary to add that Mr. Sawyer gave the convention no

further trouble in regard to the Latin names of these writs.

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