The Memories of Fifty Years

How Juries Were Drawn-Gum-Tree vs. Wooden-Leg-Pre

powers of mind. With a limited education, he commenced the study of the law when quite young. But despite this serious defect, which was coupled with poverty and many other disadvantages incident to a new country impoverished by war, and wanting in almost everything to aid the enterprise of talent in a learned profession, soon after his admission to the Bar he attracted the attention of the community, and especially the older members of the Bar, as a man of extraordinary capacity, and already trained in the law. So tenacious was his memory of all that he read or heard, that he not only retained the law, but the author and page where it wa

of the faces of the different members of the family; and of Napoleon, that in early childhood his favorite amusement was to build forts and array his playmates into co

acity in the most stupendous manner. In such as these, this manifestation is early and palpable. Yet the same peculiarity exists wherever there is mind sufficient to connect cause a

: hence we see thousands struggling painfully through life in a hated avocation, and witness many a miserable lawyer whom nature designed to be a happy blacksmith. His toil of life is always up hill, without the possibility of ever attaining the summit.

n party, was largely in the ascendant in the State, and would accept no compromise. It was willing to receive new converts and prefer them according to merit, but would accord no favor to an unrepentant enemy. At this time there were many young, talented men rising to distinction in the State, who were Federalists. With some of them ambition was superior to principle; they recanted their principles, and, in the ranks of their former opponents, reaped a harvest of political distinction. Prominent among these was John Forsyth. He had delivered a Fourth of July oration at Augusta, distinguished for great ability and high Federal doctrines. Abrah

ized his talents and integrity could never be persuaded to aid in giving these to the country. He was more than once beaten for the Senate of the United States; and once by Forsyth, who was not announced as a candidate, and who was at the time minister plenipotentiary of

s compass was illimitable-from the most refined and delicately pungent to the coarsest and most vulgarly broad; but always

onsequence was that each circuit had, in many particulars, its own peculiar law, antagonistic to that which was received as law in the adjoining circuit. The uniformity of law, so essential to the quiet and harmony of a people, and so necessary in defining the title and securing the tenure of property, by this system was so greatly disturbed, that it led to the informal assembling of the judges at irregular periods, and upon their own responsibility, to reconcile these discrepancies. This in some degree obviated the necessity of a supreme court for the correction of errors; but was very unsatisfactory to the Bar, who were almost universal in their desire for the establishment of a tribunal for this purpose. But there was

as talesmen to serve on that jury. The same act made it the duty of the presiding judge of each circuit to draw, at the termination of each term of his court, and in open court, a certain number of names from each box, which were entered as drawn upon the minutes of the court, to serve as grand and petit jurors at the ensuing term of the court. The special juries, for the trial of cases in equity, and appeals from the verdicts of petit juries, were formed from the grand juries, and after the manner following: A list was furnished by the clerk of the court to the appellant and respondent. From this list each had the right to st

review before this jury, whose oaths allowed a latitude, enabling them frequently to render a verdict,

tly determined by the reputation they bore in the community in which they lived. This fact stimulated uprightness of conduct, and often dete

hing not known to the prescience of the Almighty, it was what the verdict of a petit jury would be, when they left the box for the jury-room. Dooly was an opponent of Crawford through life-a friend and intimate of John Clark, Crawford's greatest enemy. But his character was devoid of that bitterness and persistent hatred characteristic of these two. C

d, and appointed a day of meeting. Tate had lost a leg, and, as was usual in that day, had substituted a wooden, one. On the appointed day, Tate, with his friend, re

n the wo

present, I presume

n as he can

hat use you have for a gum in th

another to-morrow, and be pegging about as well as usual. If he hits mine, I may lose my life by it; but almost certainly my leg, and be compelled, like Tat

olonel Dooly; you do

rawford, I thought e

mber, colonel, your name, in no enviable l

olonel Dooly, "I would rather fill ever

t Tate and Crawford left the field d

oduced his friend to another as the inferior judge of the Inferior Court of the inferior County of Lincoln, and was knocked down for the insult, he intreated the bystanders not to suffer him to be inj

pular. This popularity, however, was personal, not political, and could never secure to him any political distinction. He was ambitious of a seat in the United States Senate, a distinction to which he more than once aspired; but here the grinning ghost of Federalism always met him, frightening from his support even the nearest of his social friends. Mr. Crawford's wishes controlled the State, through the instrumentality of those he had distinguished with his countenance. None doubted the patriotism or capacity of Dooly for the position;

ve scorned to become parties to such corruption; nevertheless they were inculpated, and had to share the infamy of the guilty few who thus accomplished the purchase, as they shared the profits arising therefrom. But it did not stop with the participants. Their personal friends suffered, and no one individual so fatally as Dooly. He asserted the power of the Legislature to sell-he was sustained by the decision of the Supreme Court-he was not a stockholder-he afforded no aid with his personal influence; yet the

known as children in his manhood, preferred over him; and, in the consciousness of his own superiority to most or all of these, rather despised than regretted the prejudices of the public-influenced by men designing and selfish-which consigned him to obscurity because of an honest difference of opinion upon a point of policy which ninety out of every hundred knew nothing about. While the companions of his early youth were filling missions abroad, executive offices at home, and Cabinet appointments, he was wearing out his life in a position where, whatever his abilities, there was little fame to be won. Still he would make no compromise of princ

very member of Congress was in the interest of Crawford; and yet there was a majority of the people of the State attached to the Clarke faction. He and his friends had long been proscribed, and they pleaded persecution. The natural sympathies of the heart were touched by these appeals, and it was feared the State would be lost to Crawford in the coming Presidential election. Every effort was now to be made to defeat this faction against him, headed by Clarke. The election of Governor at this time was by the Legislature; and it was not anticipated that there would be any difficulty in the re-election of Rabun, and, consequently, there had been no agitation of the question before the people at the recent election of members of the Legislature. Scarcely a tithe of the people had even heard of the candidacy of Clarke when his election was announced; and, at the time, so little interest was felt on the subject, that very few objected to his election. Clarke was a man of violent passions, and had been, to some extent, irregular and dissipated in his habits. When excited by any means, he was fierce; but when with drink, he was boisterous, abusive, and destructive. Many stories were related of terrible acts of his commission-riding into houses, smashing furniture, glass, and crockery-of persecutions of his family and weak persons he disliked. This had aroused in the pious and orderly members of society strong opposition to him, and at this time all his sins and irregularities were widely and loudly heralded to the public. The prea

ked rule, the

t to the Governor. This was followed by a sermon half made up of the irregularities of Clarke's life. This was the tocsin to the church, and

ent his name to the nation as a candidate for the Presidency, it was supposed his support would be unanimous in Georgia. Time had given opportunity for the prejudices and hatreds of youth to wear out with the passions of youth. Those, however, who knew John Clarke, were not deceived when he successfully rallied a party in opposition.

s in their votes. Besides, his family connections were most respectable. Griffin Campbell and Dr. Bird were his brothers-in-law, and were men of high character and great influence. The friends of these gentlemen united in his support. And there was still another, whose influence, to the writer's knowledge, carried four young, talented members of the House to the support of her father-Ann Clarke, the only daughter of John Clarke, who had no superior among her sex in talent, beauty, and accomplishments, in the State. D

to increase it, and the material was abundant; yet there were formidable difficulties in his way. All, or very nearly all of the leading families of the State-the Lamars, Cobbs, McIntoshes, Waynes, Telfairs, Cummings, Tatnals, Dawsons, Abercrombies, Holts, Blackshears, and many others-were Republicans, and active in the support of Crawford for the Presidency. These a

nored the State. They seemed to hold a possessory right to the distinguished positions, and to dictate who should be elected to the minor ones. Young ambition submitted, but, was restless and impatient to break away from this dominion. Party stringency had enforced it, but this was loosened, and all that was now wanting was a head to rally them into a new and formidable party. Every old Federalist in the State who had clung to his

he would write, and would write anything he supposed would further the ends of his party. Almost immediately after the election of Clarke, the opposition presented the name of George M. Troup, who had been voted for as an opposing candidate at the time of Clarke's election. It was but a little while before the State trembled with the agitation which seemed to disturb every breast. None could be neutral. All were compel

to promote a quarrel. Churches were distracted and at discord, and the pulpit, for the first time in Georgia, desecrated by political philippics. Pierce then, as now, was the leading minister of the Methodist Church in the State, and abstained in the pulpit, but made no secret of his preferences upon the street. Duffie travelled everywhere. He had by unkindness driven from him his wife with her infant child, and, in her helpless and desperate condition, she had taken refuge with the Shaking Quakers in the West, and remained with them un

ny other. Bold, unscrupulous, and passionate, he, regardless of his profession, mingled freely, at county musters and political barbecues, with the lowest and vilest of the community, using every art his genius suggested to inflame the mad passions of men already excited to frenzy. In after life the viciousness and unscrupulousness of his nature overmastered his hypocrisy and burst out in acts

regaining the lost power of the old Crawford or Republican party. Many young men of talent had espoused the Clarke faction, and, under the guidance of Dooly, Campbell, and Clarke, were doing yeomen's work for the cause. Among these was Charles J. McDonald, whose fine character and family influence rendered him c

reply, attacked him severely. He was not a man to be badgered by an anonymous writer in a newspaper. He demanded immediately of the editor the name of his correspondent, and that of George McDuffie, of South Carolina, was given. A challenge ensued-a meeting followed, in which McDuffie was seriously wounded, and which ultimately caused his death. This affair increased the hatred between the Georgians and Carolinians, as it did not cease with a single meeting. Gumming renewe

es of his peculiarities during his residence at the school were related by his preceptors to the young gentlemen from Georgia who followed him in the office in after years. A moot court was a part of the system of instruction, in which questions of law, propounded by one of the professors, were argued by students appointed for the purpose. On one occasion, Cumming was replying to the arg

r, Brook, Jessup, McCrea, Appling, Gaines, and Twiggs. Cumming, Appling, and Twiggs were Georgians. At the battle of Lundy's Lane he was severely wounded and borne from the field. He was placed in an adjoining room to General Preston, who was also suffering from a wound. Cumming was a favorite of Preston's, an

st remembered that there had not in the conflict been an officer wounded whose home was n

. In the reduction of the army he was retained-a compliment to his merits as a man and an officer.

are superior to mine, who have no other means of a livelihood. I

firm to his purpose, refusing always the proffered preferment. Upon one occasion, when written to by a majority of the members of the Legislature, entreating him to permit them to send him to the Senate of the United States, he declined, adding: "I am a plain, military man. Should my country, in that capacity, require my services, I shall be

he was very commanding. In his walk the whole man was seen-erect, dignified, and impetuous. Energy and command flashed from his great, gray eyes. His large head and square chin, with lips compressed, indicated the talent and firmness which were the great characteristics of his nature. Impatient of folly, he cultivated no intercourse with silly persons, nor brooked for a moment the forward impertinence of little pretend

his great and interesting conversational powers. Unexceptionable in his morals, he was severe upon those whose lives

ry as would bring his great qualities prominently forward in the service, and for the benefit of his fellow-men. His proud nature scorned the petty arts of the politician; and he doubtless felt place could only be had or retained by the use of these arts; he was of too high principle to descend to them, and held in great contempt those whose confidence

t him for a destiny which he believed an eminent one, he invited him to his home, and furnished him with the means of accomplishing this end. His ambition had often whispered to his young mind a proud future, and he commenced the acquisition of the education which was, as he felt, essential as a means of its attainment. In th

the State. Cheesboro was a young physician of great promise and extensive practice. Jealousy was the cause of the killing, and was evidently groundless. The deed was done in the house of Taylor, in the city of Columbia, and was premeditated murder. Mrs. Taylor was a lovely woman and highly connected. In her manners she was affable and cordial; she was a great favorite in society, and her universal popularity attracted to her the host of friends who so much admired her. Dr. Cheesboro was one of these, and the green-eyed monster made him, in the convictions of Taylor, the especial favorite of his wife. McDuffie was employed in his defence, and he made a most triumphant success against evidence, law, and justice. His speech to the jury was most effective. The tria

t. The opening was impassioned and powerful. Scarcely had he spoken ten minutes before the Bench, the Bar, the jury, and the audience were in tears, and, during the entire speech, so entirely did he control the feelings of every one who

gefield district, declined a re-election, that his legal partner, Mr. McDuffie, might succeed him, and he was chosen by acclamation. He came in at a time when talent abounded in Congress, and when the country was deeply agitated with the approaching election for President. Almost immediately upon his entering Congress an altercation occurre

fought him." But he was in for it, and must reply. His rejoinder was angry, and wanting in his usual biting sarcasm. McDuffie rose to reply, and, pausing, seemed to hesitate, when Baker from the gallery audibly exclaimed: "Lay on, McDuff, and damned be he who first cries hold, enough!" The silence which pervaded the chamber was broken by a general laugh, greatly disconcerting Randolph, but seeming to inspire McDuffie, who went on in a strain of vituperation witheringly pungent, in the midst of whic

ecially prominent in their demonstrations of hostile feeling, not excepting the belles of the respective States. Between them, I believe, it never went beyond words; but they were frequent in conflict, and sometimes very bitter and very witty ones escaped from lovely lips, attesting that the face of beauty was underlaid with passion's deformity. With the young gallants it went to blows, and, on a few occasions, to more deadly strife; an

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alike old Br

South Ca

ny so appreciative, that, as if by common consent,

under a massive brow-his mouth large, with finely chiselled lips, which, in meeting, always wore the appearance of being compressed. In manners he was retiring without being awkward. His temperament was nervou

reconciled, and sincerely so-both regretting the past, and willing to bury its memory in social intimacy. McDu

hed, leaving him, long before his death, a melancholy imbecile. In all the relations of life this great man was faithful to his duties-a devoted husband, a sincere friend, a kind neighbor, and a considerate and indulgent master to his slaves. He was one of those rare creations for which there is no accounting. None of his family evinced more than very ordinary minds; nor