But there was a young man, a member of the bar in 1802, whose elegant

person, whose winning address, whose uncommon abilities, which were

associated with industry and perseverance quite as uncommon, and whose

glowing patriotism, would have made an impression in any country and in

any age, and gained distinction in any sphere. Under such a portrait the

name of one man only can be written--that of ROBERT BARRAUD TAYLOR.

Young Taylor was eleven months older than Tazewell, was born in

Smithfield, attended in Norfolk the school of that elegant scholar, the

late Dr. Alexander Whitehead, became a student of William and Mary

College, where he remained till his duel with John Randolph, in which he

received a ball that he carried to his grave; studied law with Judge

Marshall, and in 1796, at the age of twenty-two, engaged in the practice

of the law in this city. His fine talents attracted universal attention,

and business crowded upon him. His voice, action, eloquence, were all in

fine harmony. As the district court system was then in operation, he had

an opportunity of witnessing the displays of the leading counsel of the

state in the neighboring town of Suffolk; and it was the dictate alike

of interest and ambition to prepare himself for the conflict with his

ablest contemporaries. Politics were the order of the day; and they soon

engaged the attention of young Taylor. I heard many years ago, that when

he came to the bar, and some time afterwards, he sided with his college

mates Tazewell, Randolph, Cabell, Thompson, and James Barbour, and

hailed with rapture the progress of the French revolution; but, shocked

by the barbarities which disgraced the later stages of that moral and

political maelstrom, and indignant at the unprecedented conduct of the

diplomatic agents of France in our own country, he determined to

separate from his early friends, and to uphold with all his influence

the administration of Washington and that of his successor. It is said

that he read with unmixed feelings of admiration and delight the

Reflections of Burke on the French Revolution, which had appeared about

six years before; and, if that work vanquished his early love of France,

he may be said at least to have fallen by a noble hand. At such a crisis

of foreign and domestic affairs, it was impossible that a young man with

such powers of eloquence and such fearlessness of spirit should be

allowed to remain at home, while all his old associates, and the oldest

and ablest politicians of the state were about to assemble in Richmond,

and to battle for the victory. He was accordingly returned, in 1799, by

the Borough of Norfolk to the House of Delegates, on the floor of which

the contest was to be decided. At the session of the previous year, the

Assembly had passed the celebrated resolutions of John Taylor of

Caroline, long since known to have been written by Mr. Madison, which

had been sent to the several states. The leading object of the present

session was to refer the answers of the states to a committee, and to

report an argument in defence of the resolutions of the previous year.

The report, since so well known as the Report of '99, or the Virginia

Report, drawn by Madison, was the consequence. When it was presented to

the House of Delegates, it was discussed by the prominent men of both

parties with eminent ability. Young Taylor performed his part with his

usual zeal and force, and, by the side of his illustrious namesake,

George Keith Taylor, opposed the adoption of the Report, which

prevailed, however, by a decided majority. He also sustained Mr. Adams

for the presidency in preference to Mr. Jefferson; and, when Mr.

Jefferson was elected, he opposed his administration up to 1802, when

Tazewell came to reside in Norfolk. Though opposed then, and as long as

he lived, to the party which, with few and short intermissions, has

controlled, from 1789 to the present day, the political action of the

state, his devotion to our blessed mother was as pure and as ardent as

was ever felt by any son who drew nurture from her bosom; and he was as

prompt to avenge her wrongs as to assert her rights--at once a

D'Aguessau in the forum and a Bayard in the field. Nor was that

affection unreturned. When the clouds of war were gathering round her,

Virginia entrusted her safety and her honor to his sword; and when the

returning light of peace shone upon her hills and valleys and over the

green savannahs of the East, and he had withdrawn from the arena of his

splendid fame, she invested him with her ermine, which he wore with

becoming grace to his dying hour; and she stood in tears at his tomb.

In this young man, Tazewell was to find an intimate friend, a fit, an

able, and a lifelong competitor. They were nearly of the same age: they

had been classmates in College, and had been in the Assembly together;

and while Tazewell was studying law in Mr. Wickham's office in Richmond,

Taylor was following suit a few doors off in the office of Gen.

Marshall. Even on the score of physical beauty they were not unmatched.

Though belonging to different models, each in his sphere was, in youth,

in middle life, and in old age, among the finest looking men of their

generation. Sometimes the aspect of Taylor was magnificent. I saw him

one afternoon thirty years ago as he was returning from the court in

Portsmouth. He was passing from Toy and King's corner to Hall's. The

waves of recent debate were sweltering in his breast. His person was

erect; his gait was rapid; with one hand he held his cloak in a graceful

fold, and with the other he grasped his ivory curule staff. I thought of

Cicero hastening up the Capitoline hill to announce in the forum the

death of Catiline on the Picenian plain and the slaughter of the

traitor's band.

There were, however, some differences between them, which, or some of

which, observable at first, grew more distinct in the lapse of years, in

their places of nativity, in their temperaments, in their intellectual

traits, and in their politics. Both were partly of Gallic descent; but

here they differed as in other things. Tazewell was French on the

father's side; Taylor on the mother's. Tazewell's ancestors were from

that city on the banks of the Seine in which the piratical Northmen had

dwelt, which they had made the capital of a warlike empire extorted from

one of the drivelling descendants of Charlemagne, and which they had

called by the defiant title of Normandy. Taylor's ancestors belonged to

that pious and not less heroic race, which, under the name of

Huguenots, battled, not for rapine and conquest, but for the rights of

conscience and for a large public liberty, and which, though defeated

and driven from their ancestral land, the beautiful land of the fig, the

olive, and the vine, to the chalky shores of old England, were more than

triumphant in the virtue of their cause. The music familiar to the ears

of Tazewell's ancestors was the wind from the boisterous North Sea and

the turbulent Bay of Biscay; while Taylor's forefathers were refreshed

by the gentle gales of Araby blown across the blue Mediterranean to the

banks of the Rhone. The blood of both had been strongly mixed with the

blood of that Anglo-Saxon race, which, crushed at times, and even for

centuries, was apt to rise again, and build its fortresses to freedom

out of the ruins of the very temples of its oppressors.

Tazewell was born on the north side of the James, Taylor on the south--a

distinction of no little significance in Virginia politics to this very

hour. Tazewell, insensibly imitating those grave old rovers of the sea

whom he counted among his kin, was, even under great provocation, cool

and wary, and only the more dangerous; Taylor, whose southern blood

coursed in torrents of fire through his veins, though at times in the

highest degree self-poised and calm, had less command of his temper, and

showed more plainly the smart of the hostile shaft; and, though prompt

as lightning to return it, did not always send it back to the enemy as

steadily as he might have done with more deliberation. Their modes of

reasoning differed as widely as their temperaments. Each was a supreme

master of reasoning in his respective department; and, if we look along

their entire course at the bar, it is hard to say which of the two won

the most verdicts. Perhaps, though both of these able men wielded at

times an almost omnipotent sway over juries and over the bench; yet it

may be said that the style of Tazewell was more decisive with the court,

and that of Taylor with the jury. Each seemed necessary to the greatness

of the other; and it is probable that, if Tazewell had not been

constantly pressed throughout his career by such a man as Taylor, he

would never have made those wonderful displays before a jury and in

popular assemblies which form no small part of his fame; and that

Taylor, unless checked by the severe logic of Tazewell, would, indeed,

have been, as he was, the great advocate of his time, but would have

failed to acquire that reputation for profound ability and learning in

the law, which no less a judge than Marshall acknowledged in terms of

high commendation. In a strictly legal point of view, it would have been

best that both these able men had been removed in early life from the

deteriorating influence of inferior courts, and transferred to a higher

sphere. Had they gone together to New York, and had been compelled to

follow their cases through the highest courts as well as the lowest, or

had confined themselves to appellate tribunals, they would in their

daily efforts have reared a legal reputation coextensive with the Union,

and, perhaps, more durable. It is only necessary to state that Taylor

remained at the bar ten years after the retirement of Tazewell; that he

was then called upon to preside in the courts in which he had reaped his

brilliant fame; that, when a long and honored judicial career seemed to

stretch before him, he was snatched away at the comparatively early age

of sixty; and that Tazewell survived him more than a quarter of a

century.[4]

Before we leave the Court-room of 1802, glancing, as we pass, at the

face of young Maxwell, then just returned from Yale, who four years

later was to make a name for himself, and of Arthur and Richard Henry

Lee, brothers, whose sparkling eloquence ruled the fierce democracy of

the day, and bespoke its ancestral source, and of others who were about

to step on the threshold of professional life, the young man, sitting at

the clerk's table, and intent upon his work, raising now and then his

dark chestnut eyes to the Counsel or to the Court, his jet black hair

curling about his tall forehead, his erect port telling of the military

exercises in which he so much delighted and excelled, seems, in vision,

to rise before me. Born in Henrico, within a stone's throw of the

birthplace of Henry Clay, who was his intimate personal friend and

colleague in the clerk's office under Peter Tinsley,--the county-man and

colleague also of our late esteemed fellow-citizen, Thomas Williamson,

another pupil of Tinsley,--he had performed such faithful service in the

General Court, that at the age of twenty-four, he was chosen, in May of

the preceding year, the clerk of the Norfolk Courts. His skill in his

business, the industry and integrity that shone in all his paths, his

cordial and polished manners, his martial spirit, which approached

something too near "an appetite for danger," but which was finely

tempered to the social sphere, conciliated the public esteem; and, while

he acquired the reputation of the readiest and the ablest clerk of his

day, he became, during the excited period from 1802 to 1815, when war

with Spain, with France, with England, was the order and the trouble of

the day, one of the most complete soldiers of our citizen corps. Leaning

to the federal side in politics, he, like the gallant Taylor, knew no

party when the sword was to be drawn. At the early age of twenty-five he

was made Colonel of the Ninth Regiment, was in active service during the

Douglas war, as the affair that grew out of the affair with the

Chesapeake was called, and, during the late war with Great Britain,

commanded in the field the Second and Ninth Regiments, establishing an

exactness of discipline and an _esprit du corps_ which was a favorite

topic of remark in the army. He was the soul of honor. His name was an

authority, his word was a witness, wherever the one was known or the

other uttered; and there were those who predicted for him, whether he

should engage in the field or at the bar, a brilliant fame. Between him

and Tazewell, who were nearly of the same age, the most affectionate

friendship existed--a friendship which, founded on mutual esteem, and

cemented by mutual kindness, has descended already to the third

generation. In 1823, at the age of forty-seven, this excellent man

passed away. I only knew him in his latter years and in my boyish days.

I see him as, when our waters were filled with hostile fleets, he

marched at the head of his regiment, on a horse richly caparisoned,

shining with silver and steel. I see him as he walked along the street,

a tall slim man, quick in his movements, and inspiring, by his air and

gait and benignant eye, respect and even affection. He was early bald on

the upper part of his head; but, by way of atonement, wore to the last,

sometime after it was dropped by others, a long queue, that attracted

the passing glance of the boys. He was, I think, except Seth Foster and

Moses Myers, the last of the queues. He came of an old Anglo-Saxon

stock. His name for centuries in Scotland and in England had been borne

by archbishops and illustrious laymen; and in our own times, in the

earlier part of this century, it was the synonym of British

philanthropy. But neither early nor late, in the Old World or in the

New, was it ever borne by a nobler or a purer man--a man over whose

grave more gentle and more precious memories should hover--than WILLIAM

SHARP.

When, in 1802, Tazewell appeared at the Norfolk bar, party politics were

in a state of active fermentation. The passions of men became involved

in the contests of the day to an extent which has not been reached

since, and entered into the private relations of life. Men of business

who had important cases for trial, and who were, for the most part,

attached to the federal party, called in the aid of the federal members

of the bar; but it was soon seen that the young republican lawyer, who

had voted for the resolutions of '98-'99, and for the report of

'99-1800, and who had helped by his vote in the House of Representatives

to elect Mr. Jefferson president, had introduced a new practice into the

courts, and began to win verdicts in the greatest cases from all his

federal opponents. The result was, as it always will be, that ability

and learning prevailed over prejudice, and Tazewell was soon employed on

the one or the other side of every great question. As an illustration of

the strength of the political prejudices which prevailed, and which

entered into domestic affairs, when Tazewell became a member of the

Norfolk bar, I may mention an incident I heard many years ago. When it

was rumored that Tazewell was paying his addresses to the eldest

daughter of Col. Nivison, who belonged to the federal party, an old and

active federalist observed that the Colonel would never allow a daughter

of his to marry a democrat; and, as an illustration of the bigotry of

the opposite party, I may mention that I have heard old republicans say

that Tazewell's democracy was tainted by marrying into a federal family;

and that his marriage was the true explanation of the change of his

relations with the administration of Jefferson, of which I shall treat

in another place. And here it may be proper to state that, in 1802, Mr.

Tazewell led to the altar Anne Stratton, the eldest daughter of Colonel

John Nivison; a lady with whom he lived most happily for fifty-four

years, and whom, after an interval of eighteen months, he followed to

the grave.

In the fall of 1803, William Wirt, whose brilliant genius has reflected

so much credit on his adopted Commonwealth, came to reside in Norfolk.

Like all his legal compatriots, he had been an active politician, and

had been clerk of the House of Delegates for three sessions, during the

last of which, the session of 1799, the Virginia report was adopted, and

was a warm personal and political friend of Mr. Jefferson. It is from

his pen that the beautiful resolutions of the Virginia Assembly,

approving the administration of Jefferson at its close, proceeded; but

then he was not known even as the author of the Letters of the British

Spy which, though they had been printed in the Richmond _Argus_ in the

early fall, had not been collected into a volume. He was welcomed most

cordially by Mr. Tazewell, by whose persuasion he had come to Norfolk,

and whose business was now so overflowing that he offered, as we are

told by Wirt, to withdraw from several courts purely for his benefit.

The success of Wirt was flattering, but, overcome by the fear of the

yellow fever, and seduced by family attachments, in the early summer of

1806, he removed to Richmond. While he resided in Norfolk, he was

engaged with Mr. Tazewell in the case of Shannon (1804), which was tried

in Williamsburg, and which excited the most intense interest in Eastern

Virginia. Of Mr. Tazewell's speech on the trial Mr. Wirt always spoke in

terms of enthusiastic admiration, which was not the less glowing as

until that time he had looked upon Mr. Tazewell only as a severe

logician, and incapable of the loftier flights of eloquence. The

buoyancy of Wirt's spirits is exhibited in his admirable letters

published in the memoir of Mr. Kennedy; and his gentle courtesy and

generous nature are yet freshly remembered in our city. As a proof of

his playfulness, I have heard Mrs. Tazewell say that when Wirt would

call at her house, on his way to court, he would beg her for a bundle of

newspapers to stuff in his green bag, to make a show of business as he

passed into the court-house. When the Old Bachelor appeared, a series of

essays in imitation of the Spectator, which Wirt published after leaving

Norfolk, he delineated at full length the character of Tazewell, under

the name of Sidney, and of General Taylor under that of Herbert; and I

refer to the number as a gratifying evidence of the estimate which he

placed upon the genius and acquirements of those eminent men. And now

that the grave has closed above Wirt and Tazewell, it is refreshing to

contemplate the cordiality of their friendship, and the substantial

welcome which Tazewell extended to Wirt; and it is proper to say that,

but for the revelations of Mr. Wirt himself contained in his published

letters, and in the statements of his nearest friends, the recollection

of the generous kindness of Mr. Tazewell to Wirt, as may be said of many

other cases, would have remained unknown to his surviving friends.

In tracing the career of a great lawyer, we should follow him through

the courts in which his life was spent; but here, unfortunately, no

records appear which can throw any light upon the subject. The grandest

efforts of counsel are made in the presence of the court and of the

jury, and of those spectators who may happen to be in the court-room at

the time, and are soon forgotten. Many heroes, the poet tells us, lived

before Agamemnon, but are forgotten, because they had no poet to record

their praise; and, before the days of the stenographer, the most

brilliant harangues in our inferior courts perished with the breath of

them who uttered, and of those who heard them. Such has been the fate of

Mr. Tazewell. Of all the speeches which he addressed to the courts and

juries of Norfolk, from 1802 to 1821, not a vestige remains; and all

that we know is, that he was employed on one side or other of all the

important cases of that interval; and that he exhibited abilities which

easily placed him at the head of the bar of the Commonwealth, and

attracted the attention of all who, whether in foreign countries or our

own, held any connexion with our city. I shall pass over his criminal

cases altogether, though they abound in striking passages; and of his

civil cases in the courts of the State during his practice, I shall

select two only, and rather by way of allusion than in full detail, one

of which was tried at the beginning of this period, and the other in

1821 near its close.

About the year 1798, an eccentric individual named John Taylor, but

better known as Solomon John, to distinguish him from two other persons

of the same name living in Norfolk at the same time, a man of wealth and

position, but believed to be slightly deranged in some respects, was

returning from a hunting excursion, and, stopping at Burk's Gardens,

which have long since given way to the houses now composing Hartshorne's

Court, deliberately discharged his piece, which was loaded with small

shot, at a crowd of people, and wounded a man named Rainbow in the leg,

which was at length amputated. Rainbow instituted a suit, an action of

trespass on the case, in the Borough Court, and filed a declaration in

that form. Tazewell, as Taylor's attorney, offered to demur to the

declaration, a mode of pleading which, though old as the English law

itself, was a novelty in the borough; and the Court refused to receive

it. Mr. Tazewell took a bill of exceptions to the District Court at

Suffolk. The point of the demurrer was that the action should have been

trespass _vi et armis_. The District Court affirmed the decision of the

Borough Court; and an appeal was taken to the Court of Appeals, which

reversed the decision of the inferior courts. Until this time the

distinction, which is merely technical, had been hardly perceptible to

the courts of England and of this country, and was by no means settled

law; but thereafter the points of difference were regarded as clearly

defined; and both in England and in the courts of the United States, the

case of Taylor vs. Rainbow has always been cited as conclusive of the

question.

The other case, which was one of the last in which he appeared at the

Virginia bar, was Long vs. Colston, and was argued in 1820, in the Court

of Appeals. His associate in the case was Mr. Wickham, and the opposing

counsel were Gen. Walter Jones and Mr. Stanard; and it was decided by

Judges Roane, Cabell, and Coalter. The arguments of Tazewell are not

stated; but Mr. Gilmer, who reports the decision, laments that no

official reporter was present "to give to the profession even a sketch

of the profound and comprehensive views of the counsel." The question

was on the doctrine of Covenant; and I am told by learned counsel who

have examined Mr. Tazewell's notes in the case, that this was, in their

opinion, the greatest forensic display ever made in this country.

I recall an anecdote which was current at the time, and which shows the

effect of Tazewell's argument on the court. Roane, one of the judges

whose reputation has been held almost sacred in Virginia, was not

prejudiced in favor of Tazewell, in consequence of old political feuds;

but he was so transported by his argument that he could hardly think or

speak of anything else during the day. It is said that, on the day of

the argument, Roane had invited a party to dine with him, and after the

adjournment of the court went to his study at home, where he appeared

moody and abstracted. Meantime his company had arrived, and, as the

Judge still lingered in his office, his wife went to him and informed

him that the company was waiting; but all she could get from him were

such broken sentences as these: "Yes, the first man that ever argued a

law case," "the greatest of all our lawyers," "beyond all comparison our

first lawyer;" while she, abandoning him to his reveries, led the guests

to the table.

An incident which shows the character of Tazewell in an amiable point of

view deserves a passing allusion. When he had retired for some time from

general practice in our courts, he was induced to argue in the Superior

Court in Portsmouth a memorable case of insurance in which he had been

consulted; and, for the benefit of the junior members of the bar, he

discussed all the difficult and leading points of the case at full

length, and with all his ability, and made an impression upon the court,

and upon the bar, which was gratefully and delightfully remembered.

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