THREE GREAT JUDGES.
A SPEECH IN TWO LANGUAGES--LONG SESSIONS--MATTHEWS, MARTIN, AND PORTER
--A SINGULAR WILL--A SCION OF '98--FIVE HUNDRED DOLLARS FOR A LITTLE
FUN WITH THE DOGS--CANCELLING A NOTE.
The Legislature of Louisiana, forty years ago, sat in New Orleans, and
was constituted of men of varied nationalities. It was common to see
in close union, Frenchmen, Germans, Italians, Englishmen, and
Americans, with here and there a Scotchman, with his boat-shaped head
and hard common sense. The Creole-French and the Americans, however,
constituted the great majority of the body.
When the cession to the United States took place, and the colony soon
after was made a State of the Union, the Constitution required all
judicial and legislative proceedings to be conducted in English, which
was the legal language. But as very few of the ancient population
could speak or read English, it was obligatory on the authorities to
have everything translated into French. All legislative and judicial
proceedings, consequently, were in two languages. This imposed the
necessity of having a clerk or translator, who could not only
translate from the records, but who could retain a two-hours' speech
in either language, and, immediately upon the speaker's concluding,
repeat it in the opposite language.
This complicated method of procedure consumed much time, and
consequently the sessions of the Legislature were protracted usually
for three months, and sometimes four.
This fact caused many planters, whose business called them frequently
to the city during the winter, to become members of the Legislature.
At this time, too, representation was based on taxation, and the
suffragist was he who paid a tax to the State. The revenues of the
State were from taxation, and these taxes were levied alone upon
property. There were no poll taxes, and very few articles except land,
negroes, and merchandise were taxed. The consequence was, the
government was in the hands of the property-holders only.
The constituency was of a better order than is usually furnished by
universal suffrage, and the representation was of a much more elevated
character than generally represents such a constituency.
Party spirit, at that time, had made little progress in dividing the
people of the State, and the gentlemen representatives met cordially,
and constituted an undivided society. There was no division of
interest between different sections of the State, and the general good
was consulted by all. The Legislature was then composed of substantial
men. The seat of government being in the city, and the sessions held
during the winter and spring months, men of business, and especially
professional men, might represent the city constituency, and yet give
a good portion of their time to their usual avocations.
Good laws were the consequence; and the Bench being filled by
executive appointment, with the consent of the Senate, and their
tenure of office being for life or good behavior, insured the
selection of proper men for judges. The Supreme Court was composed at
that time of three judges, Matthews, Martin, and Porter. Matthews was
a Georgian by birth, Martin was a native of France, and Porter an
Irishman: all of these were remarkable men, and each in his own
history illustrative of what energy and application will effect for
men, when properly applied in youth.
Chief-Justice George Matthews was the son of that very remarkable man,
Governor George Matthews, of the State of Georgia. He was born in
Oglethorpe County, Georgia, and received only such education as at
that time could be obtained in the common country schools of the
State. He read law in early life, and was admitted to the Bar of his
native State. His father was Governor of the State at the time of the
passage of the celebrated Yazoo Act, alienating more than half of the
territory of the State.
This act was secured from the Legislature by corruption of the boldest
and most infamous character. Governor Matthews was only suspected of
complicity in this transaction from the fact that he signed the bill
as governor. His general character was too pure to allow of suspicion
attaching to him of corruption in the discharge of the duties of his
office of governor.
At the period of passing this act, the United States Government was
new. The States, under their constitutions, were hardly working
smoothly; the entire system was experimental. The universal opinion
that the people were sovereign, and that it was the duty of every
public officer to yield obedience to the will of the majority, clearly
expressed, operated strongly upon the Executives of the States, and
very few, then, attempted to impose a veto upon any act of the
Legislatures of the different States. Tradition represents Governor
Matthews as opposed individually to the act, but he did not feel
himself justified in interposing a veto simply upon his individual
opinion of the policy or propriety of the measure, especially when he
was assured in his own mind that the Legislature had not transcended
their constitutional powers; and this opinion was sustained as correct
by the Supreme Court of the United States in the case of Fletcher
_vs._ Peck.
The great unpopularity of the transaction involved the Governor and
his family. Men excited almost to frenzy, never stay to reflect, but
madly go forward, and, in attempts to right great wrongs, commit
others, perhaps quite as great as those they are seeking to remedy.
Governor Matthews, despite his Revolutionary services and his high
character for honesty and moral worth, never recovered from the
effects of this frenzy which seized upon the people of the State, and
is the only one of the early Governors of the State who has remained
unhonored by the refusal of the Legislature, up to this day, to call
or name a county for him. This unpopularity was keenly felt by the
children of Matthews, who were men of great worth.
William H. Crawford was at this time filling a large space in the
public confidence of the people of Georgia, and gave to Governor
Matthews his confidence and friendship. It was he who persuaded George
Matthews, the son, to emigrate to Louisiana. He frankly told him this
unpopularity of his father would weigh heavily upon him through life,
if he remained in Georgia. "You have talents, George," said he, "and,
what is quite as important to success in life, common sense, with
great energy: these may pull you through here, but you will be old
before you will reap anything from their exercise in your native
State. These prejudices against your father may die out, but not
before most of those who have participated in them shall have passed
away: truth will ultimately triumph, but it will be when your father
is in the grave, and you gray with years. To bear and brave this may
be heroic, but very unprofitable. I think I have influence enough with
the President to secure an appointment in Louisiana--probably the
judgeship of the Territory, or one of them."
Matthews feared his qualifications for such an appointment, and so
expressed himself to Crawford. The civil law was the law of Louisiana,
and he was entirely unacquainted with this. Crawford's reply was
eminently characteristic. The great principles of all laws are the
same. Their object is to enforce the right, and maintain impartial
justice between man and man. In hearing a case, a judge of good common
sense will generally find out the justice of the matter. Let him
decide right, and do substantial justice, and he will, ninety-nine
times out of one hundred, decide according to law, whether he knows
anything about the law or not. And such a judge is always best for a
new country, or, in truth, for any country. The appointment was
secured, and George Matthews left his native State forever.
Soon after reaching Louisiana, he married Miss Flower, of West
Feliciana--a lady in every way suited to him. She was of fine family,
with strong mind, domestic habits, and full of energy. They were very
much attached to each other, and were happy and prosperous through all
the life of the great judge. Mrs. Matthews still lives, and in the
immediate neighborhood of her birthplace, and is now active, useful,
and beloved by all who know her, though extremely old.
When the Territory was organized into a State under the Constitution,
Matthews was appointed chief justice of the Supreme Court by Governor
Claiborne--an office he held through life, and the duties of which he
discharged with distinguished ability, and to the honor of the State
and the entire satisfaction of the Bar and the people.
The mind of Judge Matthews was strong and methodical. His general
character largely partook of the character of his mind. He steadily
pursued a fixed purpose, and was prudent, cautious, and considerate in
all he did. There was no speculation in his mind. He jumped to no
conclusions; but examined well and profoundly every question--weighed
well every argument; but he never forgot the advice of Mr. Crawford,
and sometimes would strain a point in order to effect strict and
substantial justice. As a judge, he was peculiarly cautious. However
intricate was any case, he bent to it his whole mind, and the great
effort was always to learn the right--to sift from it all the verbiage
and ambiguity which surrounded and obscured it, and then to sustain it
in his decision. Upright and sincere in his pursuits, methodical, with
fixity of purpose, he was never in a hurry about anything, and was
always content, in his business, with moderate profits as the reward
of his labor. As a companion, he was gentle, kind, and eminently
social; but he gave little time to social entertainments or light
amusements. In his decisions as a judge, he established upon a firm
basis the laws, and the enlightened exposition of these, in their true
spirit. A foundation was given to the jurisprudence of the State by
this court, which entitles it justly to the appellation of the Supreme
Court, and to the gratitude of the people of the State.
The life of Judge George Matthews was one of peculiar usefulness.
Learned and pure as a judge, moral and upright as a citizen,
affectionate and gentle as a husband and father, and humane and
indulgent as a master, his example as a man was one to be recommended
to every young man. Its influence upon society was prominently
beneficial, and was an exemplification of moral honesty, perseverance,
and success. He won a proud name as a man and as a jurist, and
accumulated a large fortune, without ever trenching upon the rights of
another. He secured the confidence and affection of every member of
his wife's family--a very extensive one--and was the benefactor of
most of them. He was beloved and honored by all his neighbors, through
a long life. In his public duties and his private relations he never
had an imputation cast upon his conduct, and he died without an enemy.
François Xavier Martin was a native of France. In early life he
emigrated to the United States, and fixed his residence at Newbern,
North Carolina. He was poor, and without a trade or profession by
which to sustain himself, or to push his fortunes in a strange land.
He labored under another exceedingly great obstacle to success: though
pretty well educated, he could not speak the English language. But he
had a proud spirit and an indomitable will. He sought employment as a
printer, choosing this as a means of learning the English language.
Though he had never fingered a type in his life, he had that
confidence in himself which inspired the conviction that he could
overcome any difficulty presenting itself between his will and
success.
He found the editor of the newspaper kind, and apparently indifferent;
for he asked no questions relative to his qualifications as a printer,
but, requiring help, gave him immediate employment. He went to
work--was very slow, but very assiduous and constant, never leaving
his stand until he had completed his work. There was a compositor near
him, and he watched and learned without asking questions. Owing to the
little English he knew, no questions were asked; but it was observed
in the office that he was rapidly improving in this, and in the
facility of doing his work. The paper was a weekly one, consequently
he had ample time for his work, and he improved every moment. The many
mistakes he made in the beginning were attributed to his ignorance of
the language, and it was not until he became the most expert
compositor in the office that it was known that he had never, until he
entered this office, been in a printing-office. He was so abstemious
in his habits that those about the office wondered how he lived. He
rarely left the composing-room, and, in his moments of rest from his
work, was employed in studying the language, or reading some English
author. A bit of cheese, a loaf of bread, some dried fish, and a cup
of coffee constituted his bill of fare for every day, and these were
economically used. He never spoke of home, of previous pursuits, or
future intentions. He held communion with no one--his own thoughts
being his only companions--but steadily persevered in his business.
No amusements attracted him. He was never at any place of public
resort. He was the talk of the town, though none had seen him unless
they visited the little, dirty, inky office in which he was employed.
He never seemed to know he was an object of curiosity, and when--as
sometimes was the case--half a dozen persons would come expressly to
see him, he never turned his head from his work, or seemed to be
conscious of their presence.
In this office his progress was very rapid, and it was not very long
before he became the foreman in the composing-room. He continued in
that capacity until he became the owner of the entire establishment.
Not content with the life of a printer, he disposed of his printing
establishment and paper, and came to New Orleans. Before leaving
France he had read some law, and now he applied himself closely to its
study. In a short time he rose to distinction, and was in a lucrative
practice. It was a maxim with Judge Martin never to be idle, and never
to expend time or money uselessly. He found time from his professional
duties to write a history of Louisiana, which is, perhaps, more
correct in its facts than any history ever written.
Early deprivations, and the necessity of a most rigid economy to meet
the exigencies of this straitened condition, created habits of
abstinence and saving which he never gave up. On the contrary, like
all habits long indulged, they became stronger and more obdurate as
life advanced. Before his elevation to the supreme Bench, he had
accumulated a fortune of at least one hundred thousand dollars, which
he had judiciously invested in the city of New Orleans. The tenure of
his office was for life, and his ambition never aspired to anything
beyond; but he devoted himself to the duties of this with the
assiduity of one determined, not only to know, but faithfully to
discharge them. Judge Martin was conscientious in all that he did as a
man, and remarkably scrupulous as a judge. He was unwilling to hasten
his judgments, and sometimes was accused of tardiness in rendering
them. This resulted from the great care exercised in examining the
merits of the case, and to make himself sure of the law applicable to
it.
The peculiar organization of the Supreme Court of Louisiana imposes
immense labor upon the judges; they are not only charged with the duty
of correcting errors of law, but the examination of all the facts and
all the testimony introduced in the trials in the District Court. In
truth, the case comes up _de novo_, and is reviewed as from the
beginning, and a judgment made up without regard to the proceedings
below further than to determine from the record of facts and law sent
up, holding in all cases jurisdiction as well of facts as law--and in
truth it is nothing more than a high court of chancery.
Judge Martin was fond of labor, but did not like to do the same labor
twice; hence his particularity in examining well both facts and law,
in every case submitted for his adjudication. He wished the law
permanently established applicable to every case, and disliked nothing
so much as being compelled to overrule any previous decision of the
Supreme Court. His mind was eminently judicial; its clear perceptions
and analytical powers peculiarly fitted him for the position of
supreme judge. But there was another trait of character, quite as
necessary to the incumbent of the Bench, for which he was altogether
as much distinguished. He was without prejudice, and only knew men
before his court as parties litigant. It was said of him, by John R.
Grymes, a distinguished lawyer of New Orleans, that he was better
fitted by nature for a judge than any man who ever graced the Bench.
"He was all head, and no heart."
This was severely said, and to some extent it was true, for Judge
Martin appeared without sympathy for the world, or any of the world.
He had no social habits; he lived in seclusion with his servant Ben, a
venerable negro, who served him for all purposes. These two had been
so long and so intimately associated, that in habits and want of
feeling they seemed identical. Ben served him because he was his
master and could compel it. He tolerated Ben because he could not well
do without him. He kept an interest account with Ben. He had paid for
him six hundred dollars, when first purchased. Ten per cent, upon this
amount was sixty dollars. His insurance upon a life policy, which risk
he took himself, was one hundred dollars. His services were regularly
valued by what such a man would hire for. Ben accompanied him on the
circuit, and died at Alexandria. When this was told him, he
immediately referred to this account, and declared he had saved money
by buying Ben, but should be loser if he paid his funeral expenses,
which he declined to do. Judge Martin was very near-sighted, and it
was amusing to see him with his little basket doing his marketing,
examining scrupulously every article, cheapening everything, and
finally taking the refuse of meats and vegetables, rarely expending
more than thirty cents for the day's provisions. His penurious habits
seemed natural: they had characterized him from the moment he came to
the United States, and were then so complete as not to be intensified
by age and experience. For many years, he had no relative in this
country, and he created no relations, outside of his business, with
the community in which he lived. His antisocial nature and his
miserable manner of living kept every one from him. Secluded, and
studious in his habits, he never seemed solitary, for his books and
papers occupied his entire time. His thirst for knowledge was coequal
with his thirst for money--and why, no one could tell. He never made a
display of the one, or any use of the other but to beget money. There
seemed an innate love for both, and an equal disposition to husband
both. He seemed to have no ulterior view in hoarding--he endowed no
charity, nor sought the world's praise in the grave, by building a
church or endowing a hospital. With mankind, his only relations were
professional. He never married, and had no taste for female
society--was never known to attend a ball or private party, to unite
himself with any society, or be at a public meeting--never indulged in
a joke or frivolous conversation, and had no use for words unless to
expound law or conclude a contract; strictly punctual to every
engagement, but exceedingly chary in making any.
As Judge Martin advanced in years, his habits became more and more
secluded. He had written for a brother, who came to him from France.
This brother was quite as peculiar as himself--they lived together,
and he in a great degree substituted Ben, at least so far as society
was concerned. Now he was rarely seen upon the street, or mingling
with any, save an occasional visit to some member of the Bar, who,
like himself, had grown old in the harness of the law. During the
early period of the State Government he reported the decisions of the
Supreme Court: these reports are models, and of high authority in the
courts of Louisiana.
Judge Martin's mind was one of peculiar lucidity and extraordinary
vigor; its capacity to acquire, analyze, and apply was quite equal to
that of the great Marshall; its power of condensation was superior to
either of his compeers, while its capacity for application was never
surpassed. It had been trained to close and continuous thought, and so
long had this habit been indulged that it had become nature with him.
His phlegmatic temperament relieved him from anything like
impulsiveness in thought or action; all work with him was
considerately approached and assiduously performed. His habits were
temperate to austerity, and his mode of life penuriously mean; but, as
said of another judge, this may have been the result of habit growing
from extreme necessity--though the same characteristics were
conspicuous in his brother: like the Judge, he was unmarried, and,
though but little younger, was always spoken to and spoken of as his
boy-brother. Like his confrere, he remained upon the Bench until he
died, which was in extreme old age.
It has been asserted by some that Judge Martin soiled his reputation
in his will. It was a very simple and brief will, giving all he
possessed to his brother, and was autographic--that is, written in his
own hand, and signed, dated, and sealed up, and upon the back of the
document written, "This is my autographic will," and this signed with
his own proper hand. Such a will is almost impervious to attack under
the laws of Louisiana.
The law of Louisiana levies a tax of ten per cent, upon all estates or
legacies made to leave the State for foreign countries. The brother of
Judge Martin, as soon as his will was administered and the proceeds of
his estate were in hand, left the United States for France, carrying
with him three hundred thousand dollars, the entire amount of which
the Judge died possessed; and it was subsequently ascertained that he
had left written instructions with his brother to dispose among his
European relatives this sum in obedience to this secret letter of
instructions. This was considered as his will proper; and it was
contended that the transaction was a fraud, to deprive the State of
the legal percentage upon the amount going out of the country. An
attempt was made to recover this amount from his executor, but failed;
and the attorney for the State was rebuked by the Supreme Court for
attempting an imputation dishonorable to the character of the deceased
Judge--a legacy bequeathed to the State, in the distinguished services
rendered to her by him and through so many years of his life. The
facts are as stated. It is true, the will was a clear bequest of all
his estate to his brother, a resident of the State, and the memorandum
a mere request, and this might have been destroyed or disobeyed with
impunity. The will alone was the authoritative disposition of his
estate; the brother claimed under this, and the property once in his
possession, it was his to dispose of at pleasure.
The death of Judge Martin was regretted by every one as a serious loss
to the State, though he had attained very nearly to the age of
fourscore. He had failed, from the entire want of social and
sympathetic attributes in the composition of his nature, to fasten
himself upon the affections of any one, though he commanded the
respect of all for the high qualities of his intellect, his public
services, and the consistent honesty of his life. He was followed to
the grave by the entire Bench and Bar, and most of the distinguished
people of his adopted city. But I doubt if a tear was shed at his
funeral. He was without the ties in life which, sundered by death,
wring tears and grief from the living who loved and who have lost the
endeared one. All that the head could give, he had--the heart denied
him all: in life he had given it to no one, and his death had touched
no heart; and no tear embalmed his bier, no flower planted by
affection's hand blooms about his grave. Still he has left an
imperishable monument to his fame in his judicial career.
Alexander Porter, the junior by many years of Matthews and Martin, his
associates on the Bench, was an Irishman by birth, and came in very
early life to the United States. He was the son of an Irish
Presbyterian minister of remarkable abilities and great learning. As a
chemist, he was only inferior to Sir Humphrey Davy, of his day. During
the troubles of 1798, (since known as the rebellion of '98,) he was
travelling and delivering lectures upon chemistry through Ireland. He
fell under suspicion as being an emissary of the Society of United
Irishmen, who was covering, under the character of a scientific
lecturer, his real mission to stir up and unite the Irish people in
aid of the views of those who were organizing the rebellion. To be
suspected was to be arrested, and to be arrested was wellnigh
equivalent to being executed--sometimes with the mockery of a trial,
and, where evidence was wanting to fix suspicion, even by drum-head
court-martial. This latter was the fate of the accomplished and
learned Porter. The wrath of the Government visited his family. The
brother of the sufferer collected his own and the children of his
murdered brother, consisting of two sons and several daughters, and
emigrated to America. A number of emigrants from their immediate
neighborhood had selected Nashville, Tennessee, as a home in the New
World, and thither he came.
The education of Alexander, the eldest of the sons, had progressed
considerably in Ireland, and was continued for some years at
Nashville. Being poor, he was compelled to employ some of his time in
pursuits foreign to study, in order to supply him with the means of
pursuing the latter. This education was irregular, but was the
foundation of that which in maturer life was most complete. He studied
law when quite young, intending at first to remain at Nashville. The
competition at the Bar in that place was formidable, and he could not
hope to succeed as his ambition prompted, without patient application
for years. Louisiana had just been ceded to the United States,
Mississippi was filling with population: both these Territories would
soon be States. Already they were inviting fields for enterprise and
talent, and soon to be more so. Pondering these facts in his ardent
mind, and riding alone on one occasion to a justice's court in the
country to attend to some trifling matter, he chanced to overtake
General Jackson. He had been frequently importuned by Jackson to
remove to Louisiana. Jackson was, to some extent, familiar with the
country, had frequently visited it, and at that time was interested in
a retail store at Bruensburg, a place situated at the mouth of the
Bayou Pierre, immediately on the bank of the Mississippi River.
Mentioning his wish to emigrate to some point or place where he might
expect more speedy success in his profession, Jackson, with his
accustomed ardor and emphasis, advised him to go to one of these new
Territories, and in such colors did he paint their advantages and the
certain and immediate success of any young man of abilities and
industry, that Porter's imagination was fired, and he immediately
determined to go at once to one of these El Dorados--there to fix his
home and commence the strife with fortune, to coax or command her
approving smiles. Returning to Nashville, he communicated his
intentions to his uncle; they met his approval, and in a short time he
was ready to leave in search of a new home.
He was about to leave every friend, to find his home in the midst of
strangers, without even an acquaintance to welcome and encourage him.
But he was young, vigorous, and hopeful; alive, too, to all he had to
encounter, and determined to conquer it. Still, to one of his natural
warmth of feeling, the parting from all he had ever known, and all on
earth he loved, wrung his heart, and he lingered, dreading the parting
that was to come. His kind and devoted uncle, his brothers he loved so
tenderly, his sisters, and the friends he had made, all were to be
left--and perhaps forever. There were then no steamers to navigate the
waters of the West. He might float away, and rapidly, to his new home;
but to return through the wilderness, filled with savages and beset
with dangers, was a long and hazardous journey, and would require, not
only time, but means, neither of which were at his command.
He met General Jackson again. "What!" said he, "Alick, not gone yet?
This won't do. When you determine, act quickly; somebody may get in
before you. And remember, Alick, you are going to a new country--and a
country, too, where men fight. You will find a different people from
those you have grown among, and you must study their natures, and
accommodate yourself to them. If you go to Louisiana, you will find
nearly all the people French; they are high-minded, and fight at the
drop of a hat; and now let me tell you, it is always best to avoid a
fight; but sometimes it can't be done, and then a man must stand up to
it like a man. But let me tell you, Alick, there are not half the men
who want to fight that pretend to; you can tell this by their
blustering. Now, when you find one of these, and they are mighty
common, just stand right up to him, and always appear to get madder
than he does--look him right in the eye all the time; but remember to
keep cool, for sometimes a blusterer will fight; so keep cool, and be
ready for anything. But, Alick, the best way of all is to fight the
first man that offers, and do it in such a way as to let everybody
know you will fight, and you will not be much bothered after that.
Now, Alick, you will hear a great deal of preaching against
fighting--well, that is all right; but I tell you the best preacher
among them all loves a man who will fight, a thousand times more than
he does a coward who won't. All the world respects a brave man,
because all the better qualities of human nature accompany courage. A
brave man is an honest man; he is a good husband, a good neighbor, and
a true friend. You never saw a true woman who did not love a brave
man. And now do you be off at once, look for a good place, and when
you stop, stop to stay; and let all you say and all you do look to
your advantage in the future."
Long years after this parting scene, and when Porter had become a
national man, he used to love to recount this conversation to his
friends, and the impression it created upon his mind of the wonderful
man who had so freely advised him.
When Porter came, he explored the entire country, and selected for his
home Opelousas, the seat of justice for the parish of St. Landry. To
reach this point from New Orleans, at that time, required no ordinary
exertion. He came first to Donaldsonville, where he hired a man to
bring him in a small skiff to the courthouse of the parish of
Assumption. There he employed another to transport him through the
Verret Canal to the lakes, and on through these to Marie Jose's
landing, in Attakapas; then another was engaged to take him up the
Teche to St. Martinsville, and from there he went by land to
Opelousas. This route is nearly three hundred miles.
The banks of the Teche he found densely populated with a people
altogether different in appearance, and speaking a language scarcely
one word of which he understood, and in everything different from
anything he had ever before seen: added to this, he found them
distrustful, inhospitable, and hating the Americans, to whose dominion
they had been so recently transferred.
He used to relate an anecdote of this trip, in his most humorous
manner. "I had," he said, "been all day cramped up in the stern of a
small skiff, in the broiling sun, with nothing to drink but the tepid
water of the Teche. I was weary and half sick, when I came to the
front of a residence, which wore more the appearance of comfort and
respectability than any I had passed during the day. It was on Sunday,
and there were a number of decently dressed people, young and old,
upon the gallery or piazza, and there were great numbers of cattle
grazing out on the prairie. Here, I thought, I may find some cool
water, and perhaps something to mix with it. I landed, and went to the
front gate, and called. This was quite near the house, and I thought
some one said, 'Come in.' I opened the gate, and started for the
house. At this juncture, a tall, dark man, wearing a very angry look,
came from the interior of the house, and stopping at the gallery door,
looked scowlingly down upon me as I approached the steps. '_Arrêtez!_'
he said, waving his hand. This wave I understood, but not the word,
and stopped. He spoke to me in French: I did not understand. I asked
for water: this he did not understand, as it was pronounced with
considerable of the brogue. Turning abruptly round, he called aloud,
'_Pierre!_' and a negro man came out, who was directed to ask me what
I wanted. I told him, water: this he translated for his master. He
spoke again angrily to the negro, who told me there was water in the
bayou. 'Then, can I get a little butter-milk?' I asked. As soon as
this was translated to him, he flew into a violent rage, and commenced
gesticulating passionately. 'You better run, sir,' said the negro, 'he
call de dogs for bite you.' I heard the yelp in the back yard, and
started for the gate with a will: it was time, for in a moment there
were a dozen lean and vicious curs at my heels, squalling and snapping
with angry determination. I fortunately reached the gate in time to
close it behind me and shut off my pursuers, amid the laughter and
gibes of those in the gallery. I took my boat, and a few miles above
found a more hospitable man, who gave me my dinner, plenty of milk,
and a most excellent glass of brandy. I inquired the name of the
brute, and recorded it in my memory for future use. Ten years after
that, he came into my office, and told me he wished to have my
services as a lawyer. He had quarrelled with his wife, and they had
separated. She was suing him for a separation, and property, dotal and
paraphernal. If she recovered, and there were strong reasons for
supposing she would, he was ruined.
"'Why do you come to me?' I asked.
"'Ah! Advocat Porter, my friend tell me you de best lawyer, and in my
trouble I want de best.' He stated his case, and I told him I would
undertake it for a thousand dollars.
"'_Mon dieu!_' he exclaimed, with a desponding shrug, 'it is not
possible to me for pay so much.'
"'Then you must employ some one else.'
"'But dere is none else dat be so good like you. Monsieur Brent is for
my wife--Got damn!--an' you is de best now, so my friend tell me.'
"'Very well, then, if you want my services, you must pay for them; and
you had better come to terms at once, for here is a note which I have
just received from Mr. Brent, telling me he wishes to see me, and I
expect it is to engage me to assist him in this very case.'
"'_O mon dieu! mon dieu!_' he exclaimed, in agony. 'Vell, I shall give
you one thousand dollar.'
"I immediately wrote a note for the amount, payable when the suit was
determined; but it was with great difficulty I could induce him to
sign it. At length he did, however, and I gained his case for him. He
came punctually to pay his note. When I had the money in hand, I told
him I had charged him five hundred dollars for attending to his case,
and five hundred for setting his dogs on me.
"'I been tink dat all de time,' he said, as he left the office."
There were then several men of eminence at the Bar in the Opelousas
and Attakapas country--Brent, Baker, Bowen, and Bronson. The superior
abilities of Porter soon began to be acknowledged. His practice
increased rapidly, and when a convention was called to form a
constitution for the State of Louisiana, Porter was elected from
Opelousas as a delegate. Still very young, and scarcely known in the
city or along the coast parishes, he came unheralded by any
extraordinary reputation for abilities. Very soon, however, he was
taking the lead amid the best talent in the State.
In every feature of this Constitution the mind of Porter is apparent;
and to-day, to one who has witnessed the forming and passing away of
many constitutions, and their effect upon public morals and the
general interests of the country, it appears the best that was ever
given to a State in this Union. To those who were most active in the
formation of this Constitution, and who had most at heart the
protection of every interest in the State, the judicial system was
most interesting. The preserving of the civil law as the law of the
land, and which was guaranteed by the treaty of cession, and at the
same time to engraft American ideas upon that system, was a delicate
and difficult matter. The French and the French Creoles were desirous
of retaining as much of French law and French ideas as possible. To
these they had always been accustomed: they thought them best, and
were very loath to permit innovations. A written constitution was to
these people entirely a new thing. Accustomed to almost absolute power
in the hands of their Governors, with his council--these being
appointed by the Crown, to which they owed allegiance--they could
hardly comprehend a constitutional representative form of government,
and, naturally distrustful of the Americans, they feared every move on
their part. Porter was an Irishman, and they distrusted him and Henry
Johnson less than any others of the convention speaking the English
language. Where a difference of opinion seemed irreconcilable between
the two interests, Porter was generally the referee, and he was always
successful in reconciling these disputes, and bringing both parties to
the support of his own views, which were those generally between the
two extremes. In this way he succeeded in having a constitution framed
as he wished it, upon the organization of the State Government. Under
this Constitution, with Matthews and Martin, he was placed upon the
Bench of the Supreme Court. Here he remained for many years; but his
ambition sought distinction in the councils of the nation, and he
resigned his seat to become a candidate for the Senate of the United
States.
He had, years before, married the sister of Isaac L. Baker, of the
Attakapas country, by whom he had two daughters. One of them had died
in early life; the other--a most lovely woman--was under the care of
his maiden sister, who resided with him, and had charge of his
household until her death. Subsequently to the death of this lady,
this only child was married to Mr. Alston, of South Carolina, but
survived her marriage only a short time, dying childless.
He was successful in his canvass for the Senate, and in that body he
soon became prominent as an orator of great powers, and as a most
active business man. It was here the long-existing acquaintance with
Mr. Clay ripened into deep friendship. Porter had always been the
supporter of the views of Mr. Clay, and during his six years' service
in the Senate, he gave a hearty and efficient support to the measures
representing the policy of that great statesman.
After the expiration of his senatorial term he retired with an
exhausted constitution to his elegant home in the parish of St. Mary,
where he devoted himself to his planting interest, now very large.
After the death of his daughter, his health declined rapidly; yet,
notwithstanding his debilitated condition, he was chosen by a
Democratic Legislature, a second time, as senator to the United States
Congress; but he never took his seat. Just before the meeting of
Congress, he visited Philadelphia for the purpose of obtaining medical
advice. Dr. Chapman made a thorough examination of his case, which he
pronounced ossification of the arteries of the heart, and which was
rapidly progressing. He advised the Judge to return immediately home,
and not to think of taking his seat in the Senate, as he was liable to
die at any moment, and certainly must die in a very short time. He
left immediately for his home.
Some years before this, Mr. Clay found himself so embarrassed that it
was necessary for him to apply to his friends for aid. Judge Porter
came forward and loaned him a large sum, for which he held his note.
Upon reaching Maysville, in descending the Ohio, on his return from
Philadelphia, Porter debarked, and went, by stage, to Lexington, where
he visited Mr. Clay, and spent one night with him. Finding his disease
increasing, and fearing, unless he hurried, that he might never reach
home, he declined a longer visit. When in the carriage, (so it was
stated at the time, but I do not vouch for the fact,) he took the hand
of Mr. Clay, and, pressing it tenderly, said, "Farewell until
eternity!" and bade the boy drive on. Mr. Clay found his note left in
his hand, marked across the face, "Paid."
On reaching home, his health seemed for a short time to rally; but he
began again to sink. Finding it impossible to lie down to sleep, he
anticipated speedy dissolution. As a politician, he had been greatly
harassed by a dissolute press, and, as a lawyer and prominent man, he
had made some enemies. Among these was Thomas H. Lewis, a
distinguished lawyer of Opelousas, who, of all his enemies, he hated
most, and he was an honest hater. A clergyman was spending some time
with him, and apprehending that he might pass suddenly away, remained,
in company with Mr. James Porter, his brother, almost constantly with
him. Only a day or two anterior to his death, after some conversation
upon the subject of the great change, leaning back in his reclining
easy-chair, he seemed to forget the presence of these two, and, after
remaining for more than an hour entirely silent, without moving or
opening his eyes, he commenced to speak, as if communing with himself.
"I have," he said, "retrospected all my life, and am satisfied. Many
things I have done I should not; but they were never from a bad
motive. I have accomplished more than my merits were entitled to. To
the inconsiderate generosity of the people of Louisiana I owe much of
the success of my life. I have filled the highest offices in their
gift, the duties of which I have faithfully discharged to the best of
my abilities, and, I believe, to the satisfaction of the people of the
State. I have differed with many of my fellow-citizens, and some of
them are my enemies; but from my heart I have forgiven them all, as I
hope to be forgiven by them, and by my God, before whom I must in a
few hours appear." He paused many minutes, and then emphatically
added: "Yes, Lord, even Tom Lewis."
The opinions of Judge Porter in the reports of the decisions of the
Supreme Court are magnificent specimens of learning, logic, and
eloquence. Of every question he took a bold and comprehensive view,
and the perspicuity of his style and the clearness of his ideas made
all he wrote comprehensible to the commonest capacity. In his
decisions he was merciless toward a suitor where he discovered fraud,
or the more guilty crime of perjury. His wit was like the sword of
Saladin: its brilliancy was eclipsed by the keenness of the edge. In
debate he was brilliant and convincing; in argument, cogent and lucid;
in declamation, fervid and impassioned, abounding in metaphor, and
often elucidating a position with an apposite anecdote, both pointed
and amusing. His memory was wonderful, and his reading extensive and
diversified. He had so improved the defective education of his youth
as to be not only classical, but learned. Impulsive and impetuous, he
was sometimes severe and arrogant toward his inferiors who presumed
too much upon his forbearance. In his feelings and social associations
he was aristocratic and select. He could not tolerate presumptuous
ignorance; but to the modest and unobtrusive he was respectful and
tolerant. For the whining hypocrisy of pretended piety he had the
loftiest contempt, while he gave not only his confidence, but his most
sincere respect, to him whose conduct squared with his religious
professions. He was a Protestant in religion, as his father had been;
but was superior to bigotry or the intolerance of little minds and
lesser souls. Like all men of exalted genius, he was erratic at times,
and uncertain in his temper. He died without pain, bequeathing his
large estate to his brother, with legacies to his sister in Ireland,
and to some friends there. To Mr. Clay he left his great diamond ring.
He had, at his death, attained only to the age of fifty-seven years.
Like Judge Martin, his besetting sin was love of money; but he was not
a miser. To his slaves he was remarkably kind and indulgent, never
permitting them to be persecuted by any one, and always treating them
with paternal kindness--attentive to their comfort, furnishing them
with good houses, beds, and an abundance of food and clothing--indeed,
with everything which could contribute to their comfort or happiness.
His hospitality was not surpassed by any gentleman in all the land.
All who have visited at Woodlawn, the beautiful and beautifully
improved residence of Judge Porter, will remember the warm Irish
welcome and luxurious hospitality of its accomplished and talented
master.
Thus have I attempted a slight sketch of the characters, minds,
peculiarities, and services of these eminent men and jurists, who
reduced to order and form the jurisprudence of Louisiana. It was the
eminent abilities and extensive legal learning for which they were so
eminently distinguished, as well as the stern integrity of each one of
them, which prompted the executive of the State to select them for
this delicate and onerous position. At this time, there were not three
other men in the State combining so fully all these traits. Their long
continuance in office systematized the law and the proceedings in the
courts, making order out of chaos, and building up a jurisprudence not
inferior to that of any country. Under the peculiar circumstances,
this was no very easy or enviable task. The country was now American,
and it was important that the judicial system should approximate as
nearly as possible to the American system, and, at the same time,
preserve the civil law as the law of the land. This law is a most
beautiful system of equity, and is disrobed of many of the
difficulties which surround the common law, and which oblige in every
common-law country a separate and distinct system of equity.
The criminal code was that of the common law. It was so radically
different from that which had heretofore prevailed in the country,
that it was absolutely necessary, in order to secure to the accused
the trial by jury, that this change should be made.
Owing to the extended commerce of New Orleans, many cases arose of
contracts made in the common-law States, and this must control these
cases. To reconcile and blend the two systems became, in many of
these, a necessity. To do this required a knowledge of both on the
part of the judges, and this knowledge, in order that no error might
misdirect, should be thorough. It was happily accomplished, and now
the system is clear and fixed, and will remain a monument to the
learning and genius of this court.
Of the three judges, Matthews alone left descendants, and he but
two--a son, who soon followed him to the grave, and a daughter, who is
still living, the accomplished lady of Major Chase, formerly of the
engineer corps of the army of the United States.