The Memories of Fifty Years Part 31

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 impa.s.sioned, 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 cla.s.sical, 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 a.s.sociations he was aristocratic and select. He could not tolerate presumptuous ignorance; but to the modest and un.o.btrusive 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, furnis.h.i.+ng 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 surpa.s.sed 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 circ.u.mstances, 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.

CHAPTER XXIX.

AMERICANIZING LOUISIANA.

POWERS OF LOUISIANA COURTS--GOVERNOR WILLIAM C.C. CLAIBORNE--CRUEL O'REILLY--LEFRENIER AND NOYAN EXECUTED--A DUTCH JUSTICE--EDWARD LIVINGSTON--A CARICATURE OF GENERAL JACKSON--STEPHEN MAZEREAU--A SPEECH IN THREE LANGUAGES--JOHN R. GRYMES--SETTLING A CA. SA.--BATTURE PROPERTY--A HUNDRED THOUSAND DOLLAR FEE.

The Supreme Court of the State of Louisiana differs in this from that of the other States: it has jurisdiction as well of the facts as of the law.

In the trial of all cases in the district or lower courts, the testimony is made a part of the record, and goes up to the Supreme Court for supervision, as well as for the enlightenment of the court, which pa.s.ses upon the facts as well as the law; thus making the judges in the lower courts merely masters in chancery, with the exception, that where the decision of the judge is considered correct, it is approved and made the judgment of the Supreme Court.

This court, by reason of its very extraordinary powers, becomes of the highest importance to every citizen, and is really by far the most important, as it is the most responsible branch of the Government.

The executive can only execute the law; the legislative acts are revisable and amendable, so often as the Legislature holds its sessions; but the judicial decisions of the Supreme Court become the permanent law of the land. True, these decisions may be revised and overruled, but this is not likely to be done by those judges who have made them, and the tenure of office is such as practically to make them permanent.

Under the first Const.i.tution of the State, these judges were nominated by the executive, and confirmed by the Senate. This Senate consisted of seventeen members, chosen by the people from senatorial districts containing a large area of territory and a numerous population. This concentration of responsibility insured the selection of men of the first abilities, attainments, and moral character. So long as this system obtained, the Supreme Bench was ably filled, and its duties faithfully and wisely discharged, with one exception only; but for the sake of those who, though not blamable, would be deeply wounded, I forbear further remark.

Governor William C.C. Claiborne, who was the Territorial Governor, was elected by acclamation the first Governor of the State. He was a Virginian and a man of fine attainments. His peculiar temperament was well suited to the Creole population, and identifying himself with that population by intermarrying with one of the most respectable families of New Orleans, and studiously devoting himself to the discharge of the duties of his office, he a.s.sumed some state in his style of living, and when going abroad kept up something of the regality of his colonial predecessors. Thus suiting the taste and genius of the people, and in some degree comporting with what they had been accustomed to, at the same time a.s.suming great affability of manner, both in private and in the discharge of his public duties, he rendered himself extremely popular with both populations.

Governor Claiborne studiously promoted harmony between the people of the different races const.i.tuting the population of the State, and especially that of New Orleans. The State had been under the dominion of three separate nations. The ma.s.s of the population, originally French, very reluctantly yielded to Spanish domination, and not without an attempt at resistance. For a time this had been successful in expelling a hated Governor; but the famous O'Reilly, succeeding to the governors.h.i.+p of the colony, came with such a force as was irresistible, suppressing the armed attempt to reclaim the colony from Spanish rule. He made prisoners of the chiefs of the malcontents, with Lefrenier at their head, and condemned them to be shot. One of these was Noyan, the son-in-law of Lefrenier. He was a young man, and but recently united to the beautiful and accomplished daughter of the gallant Lefrenier. His youth, his chivalry, and extraordinary intrepidity excited the admiration of the cold, cruel O'Reilly, and he was offered a pardon. He refused to accept it, unless mercy should be extended to his father-in-law: this having been denied, he was executed, holding in his own the hand of Lefrenier, defiantly facing his executioners and dying with Roman firmness.

This b.l.o.o.d.y tragedy was transacted upon the square in front of the Cathedral, where now stands the colossal statue of Andrew Jackson, in the midst of the most lovely and beautiful shrubs and flowers indigenous to the soil of Louisiana. The orange, with her pale green foliage, and sweet, modest white flowers, so delicate and so delicious; the oleander, the petisporum, and roses of every hue unite their foliage and blend their fragrance to enchant and delight the eye and sense, and to contrast too the scene of carnage once deforming and outraging this Eden spot.

Scarcely had the people become reconciled to Spanish domination, before the colony was retroceded to France, and again in no great while ceded to the United States.

The French were prejudiced against the Spaniards and despised them, and now the Americans were flowing into the country and city, with manners and customs intolerable to both French and Spaniards, hating both and being hated by both, creating a state of society painfully unpleasant, and apparently irreconcilable.

This state of affairs made the Governor's position anything but pleasant. But distressing as it was, he accomplished more in preserving harmony than one well acquainted with the facts would have deemed possible.

In doing this he was skilful enough to preserve his popularity, and secure his election to the Gubernatorial chair upon the formation of the State. Indeed, so great was his popularity, that it was said some aspirants to Gubernatorial honors incorporated the clause in the Const.i.tution which makes the Governor ineligible to succeed himself, lest Claiborne should be perpetual Governor.

Few men ever lived who could so suit themselves to circ.u.mstances as Governor Claiborne. There was a strange fascination in his manners, and a real goodness of heart, which spell-bound every one who came within the range of his acquaintance. He granted a favor in a manner that the recipient forever felt the obligation, and when he refused one, it was with such apparent regret as to make a friend. He sincerely desired the best interest of every one, and promoted it whenever he could. It was said of him that he never refused, but always promised, and always fulfilled his promise whenever it was in his power.

When coming to take charge of the Territorial Government he stopped at Baton Rouge, and spent the night with an honest Dutchman who kept entertainment for travellers. In the morning, when his guest was leaving, learning his official character, he took him aside, and solicited the appointment of justice of the peace for Baton Rouge.

"Certainly, sir," said the Governor, "certainly;" and the Dutchman, supposing the appointment made, hoisted his sign above his door, and continued to administer justice in his way until his death, without ever being questioned as to the nature of his appointment. The Governor never thought a second time of the promise.

The selection and appointment of Governor Claiborne for the very delicate duties devolving on an American governor, with such a population as then peopled Louisiana, showed great wisdom and prudence in Mr. Jefferson: he was to reconcile discordant materials within the Territory, and reconcile all to the dominion of the United States. He was to introduce, with great caution, the inst.i.tutions of a representative republican form of government among a people who had never known any but a despotic government; whose language and religion were alien to the great ma.s.s of the people of the nation. An American Protestant population was hurrying to the country, and of all difficulties most difficult, to reconcile into harmonious action two antagonistic religions in the same community is certainly the one.

Claiborne accomplished all this. His long continuance in office showed his popularity, and the prosperity of the people and Territory, his wisdom.

In all his appointments he exercised great discretion, and in almost every case his judgment and wisdom were manifested in the result; and to this, day his name is revered and his memory cherished as a benefactor. He was twice married, and left two sons--one by each marriage; both live, highly respected, and very worthy citizens of the city of their birth. His name is borne by one of the finest parishes of the State and one of the most beautiful streets in the city of New Orleans, and no man ever deserved more this high and honorable commemoration from a grateful people than did William C.C. Claiborne.

Among those most conspicuous in Americanizing the State and city at the early commencement of the American domination, after the Governor and Supreme Court, were Henry Johnson, Edward Livingston, James Brown, John R. Grymes, Thomas Urquhart, Boling Robinson, and General Philemon Thomas.

Edward Livingston was a citizen at the time of the cession, having emigrated from New York in 1801, where he had already acquired fame as a lawyer. He was the brother of the celebrated Chancellor Livingston, and had, as an officer of the General Government, in the city of New York, defaulted in a large amount. To avoid the penalties of the law he came to New Orleans, then a colony of a foreign government, and there commenced the practice of his profession. After the cession he was not disturbed by the Government, and continued actively to pursue his profession.

He was the intimate friend of Daniel Clark, who was the first Territorial representative in Congress; and it has been supposed that, through the instrumentality of Clark, the Government declined pursuing the claim against him. He first emerged to public view in a contest with Mr. Jefferson relative to the batture property in the city of New Orleans. Livingston had purchased a property above Ca.n.a.l Street, and claimed all the batture between his property and the river as riparian proprietor. This was contested by Mr. Jefferson as President of the United States. He claimed this as public land belonging to the United States under the treaty of purchase. The question was very ably argued by both parties; but the t.i.tle to this immensely valuable property remained unsettled for many years after the death of both Jefferson and Livingston, and finally was decreed by the Supreme Court of the United States to belong to the city of New Orleans.

When, during the invasion of New Orleans by the English forces in the war of 1812 and '15, General Jackson came to its defence, Livingston volunteered as one of his aids, and rendered distinguished services to Jackson and the country in that memorable affair, the battle of New Orleans. A friends.h.i.+p grew up between Jackson and Livingston, which continued during their lives. Soon after the war, Livingston was elected to represent the New Orleans or First Congressional District in Congress. He continued for some time to represent this district; but was finally, about 1829, beaten by Edward D. White. At the succeeding session of the Legislature, however, he was elected a senator to Congress in the place of Henry Johnson. From the Senate he was sent as Minister to France, and was afterward Secretary of State during the administration of General Jackson. It was in his case that Jackson exercised the extraordinary power of directing the Treasurer of the United States to receipt Mr. Livingston for the sum of his defalcation thirty-four years before. At the time this was done, Tobias Watkins was in prison in Was.h.i.+ngton for a defalcation of only a few hundreds to the Government. These two events gave rise to the ludicrous caricature, which caused much amus.e.m.e.nt at the time, of General Jackson's walking with his arm in Livingston's by the jail, when Watkins, looking from the window, points to Livingston, saying to the General: "You should turn me out, or put him in."

Immediately upon this receipt being recorded, Livingston presented an account for mileage and per diem for all the time he had served in Congress, and received it. So long as he was a defaulter to the Government, he could receive no pay for public services.

As a lawyer, Mr. Livingston had no superior. He was master of every system prevailing in the civilized world; he spoke fluently four languages, and read double that number. As a statesman he ranked with the first of his country, and was skilled as a diplomatist. In every situation where placed by fortune or accident, he displayed ample ability for the discharge of its duties. It is not known, but is generally believed that, as Secretary of State, he wrote the state papers of General Jackson. The same has been said of that veteran Amos Kendall. There was one for which Livingston obtained the credit, which he certainly did not write--the celebrated proclamation to the people of South Carolina upon the subject of nullification. This was written by Mr. Webster. Upon one occasion, Mr. Webster, per invitation, with many members of Congress, dined with the President. When the company was about retiring, General Jackson requested Mr. Webster to remain, as he desired some conversation with him. The subject of South Carolina nullification had been discussed cursorily by the guests at dinner, and Jackson had been impressed with some of Webster's remarks; and when alone together, he requested Webster's opinions on the subject at length.

Mr. Webster replied, that the time was wanting for a full discussion of the question; but if it would be agreeable to the President, he would put them in writing and send them to him. He did so. These opinions, expressing fully Mr. Webster's views, were handed to Mr.

Livingston, who, approving them, made a few verbal alterations, and submitted the doc.u.ment, which was issued as the President's proclamation. The doctrines politically enunciated in this paper are identical with those entertained in the great speech of Mr. Webster, in the famous contest with Robert T. Hayne, on Foote's Resolutions, some years before; and are eminently Federal. They came like midnight at noon upon the States-Rights men of the South, and a Virginian, wherever found, groaned as he read them.

Mr. Livingston, though a Jeffersonian Democrat in his early life, and now a Jackson Democrat, held very strong Federal notions in regard to the relations between the States and the United States Government, and was disposed to have these sanctioned by the adoption of General Jackson.

Jackson, probably, never read this paper; and if he did, did not exactly comprehend its tenor; for General Jackson's political opinions were never very fixed or clear. What he willed, he executed, and though it cut across the Const.i.tution, or the laws, his friends and followers threw up their caps and cheered him.

Mr. Livingston was charged with the delicate duty of discussing the claims of our Government, representing its citizens, for spoliations committed upon our commerce under the celebrated Milan and Berlin decrees of Napoleon, and, backed by the determination of Jackson, happily succeeded in finally settling this vexatious question. A sum was agreed upon, and paid into the United States Treasury; but if I am not mistaken, none, or very little of it, has ever reached the hands of the sufferers. Upon the proof of the justice of their claims, France was compelled to pay them to the Government; but now the Government wants additional proof of this same fact, before the money is paid over to them.

Mr. Livingston's learning was varied and extensive; he was a fine cla.s.sical scholar, and equally as accomplished in belles-lettres. In the literature of France, Germany, and Spain he was quite as well versed as in that of his native tongue. His historical knowledge was more extensive and more accurate than that of any public man of the day, except, perhaps, Mr. Benton. At the Bar, he met those eminent jurists, Grymes, Lilly, Brown, and Mazereau, and successfully. This is great praise, for nowhere, in any city or country, were to be found their superiors in talent and legal lore.

Livingston never had the full confidence of his party, and perhaps with the exception of General Jackson, that of any individual. In moneyed matters, he was eminently unreliable; but all admitted his great abilities. In social qualities, he was entirely deficient. He had no powers of attraction to collect about him friends, or to attach even his political partisans. These were proud of his talents, and felt honored in his representation, and with the rest of the world honored and admired the statesman, while they despised the man. He was illiberal, without generosity, unsocial, and soulless, with every attribute of mind to be admired, without one quality of the heart to be loved. In person he was tall and slender, and without grace in his movements, or dignity in his manners. With a most intellectual face, his brow was extremely arched, his eye gray, and his prominent forehead narrow but high and receding; his mouth was large and well formed, and was as uncertain and restless as his eye. No one could mistake from his face the talent of the man; yet there lurked through its every feature an unpleasant something, which forced an unfavorable opinion of the individual. Mr. Livingston lived very many years in Louisiana, and rendered her great services in codifying her laws, and making them clear and easy of comprehension. He shed l.u.s.tre upon her name, by his eminent abilities as a jurist and statesman, and thus has identified his name most prominently with her history. But without those s.h.i.+ning qualities which clasp to the heart in devoted affection the great man, and which const.i.tute one great essential of true greatness. And now that he is in the grave, he is remembered with cold respect alone.

Stephen Mazereau was a Frenchman, a Parisian, and a lawyer there of the first eminence. When about to emigrate to Madrid, in Spain, the Bar of his native city presented him with a splendid set of silver, in respect for his position as a lawyer and his virtues as a man. He remained ten years in Spain's capital, and was at the head of the Bar of that city; and when leaving it to come to New Orleans, received a similar testimonial from his brethren there to his worth and talents.

Immediately upon coming to New Orleans, he commenced the practice of the law, and at once took rank with Livingston, Lilly, Brown, and Grymes, who, though then a very young man, had already gained eminence in his profession.

Mr. Mazereau, except giving his State, in the Legislature, the benefit of his abilities, avoided politics, confining himself exclusively to his profession. In the argument of great questions before the Supreme Court of the State between these eminent jurists, was to be seen the combat of giants. Mazereau was a short, stout man, with an enormous head, which made his appearance singularly unique. In his arguments he was considerate, cautious, and eminently learned. Sometimes he would address the people on great political questions, and then all the fervor of the Frenchman would burst forth in eloquent and impressive appeals. I remember hearing him, when he was old, address an immense gathering of the people. He looked over the crowd, when he rose, and said: "I see three nations before me. Americans, I shall speak to you first. Frenchmen, to you next--and to you, my Spanish friends, last. I shall probably occupy two hours with each of you. It will be the same speech; so you who do not understand the English language, need not remain. You who understand French, may return when I shall dismiss these Americans--and you, my Spanish friends, when I am through with these Frenchmen." This he fulfilled to the letter in a six-hours'

speech, and I never knew a political speech effect so much.

For many years he was attorney-general of the State, and legal adviser and counsellor of the Governor. Although his practice was eminently profitable, he was so careless and extravagant in money matters, that he was always poor and necessitous, especially in his old age.

It really seems one of the attributes of genius to be indifferent to this world's goods, and when time and labor have done their work, and the imbecility of years obscures its brilliancy, to droop neglected, and, if not in want, in despised poverty. Such was the fate for a short time of this great man--but only for a short time. His powerful intellect retained its vigor, and his brilliant wit all its edges, to within a little while of his death. Sadly I turn back, in memory, to the day he communicated to me that his necessities would compel him to dispose of the beautiful and valuable testimonials of the Bar of two proud nations to his character and abilities. His great intellect was beginning to fade out; but, as the sun, declining to rest canopied with increasing clouds, will sometimes pierce through the interstices of the dark ma.s.ses, and dart for a moment the intensity of his light upon the earth, the mind of Mazereau would flash in all its youthful grandeur and power from the dimness that was darkening it out.

He was a n.o.ble specimen of a French gentleman: a French scholar, and a Frenchman. His memory is embalmed in the hearts of his friends of every nation who knew him in New Orleans. Strictly moral in his habits, full of truth and honor, and overflowing with generosity, social in his habits, and kindly in his feelings, he made friends of all who came in contact with him; and yet he had his enemies. His intolerance of everything that was little or mean, and his scorn and hatred of men of such character, was never concealed, either in his conversation or conduct. Such men were his enemies, and some, too, were his foes from the intolerance of political antagonism; but the grave obliterated these animosities, and the generous political antagonist cherishes now only respect for this truly great man. With deep grat.i.tude my heart turns to his memory: his generous kindness, his warm friends.h.i.+p was mine for long years, and to me his memory is an incense.

John R. Grymes was a Virginian and close connection of John Randolph, of Roanoke, whose name he bore; but of this he never boasted, nor did any one hear him claim alliance of blood with Pocahontas. Mr. Madison appointed him district attorney of the United States for the district of Louisiana, when a very young man. This appointment introduced him to the Bar and the practice immediately. He was one of those extraordinary creations, who leap into manhood without the probation of youth: at twenty-two he was eminent and in full practice, ranking with the leading members of the Bar. Truly, Grymes was born great, for no one can remember when he was not great! Never, in company, in social life, with a private friend, at the Bar, or anywhere, was he even apparently simple or like other men; in private, with his best friend, he spoke, he looked, and he was the great man. He was great in his frivolities, great in his burlesques, great in his humor, great in common conversation; the great lawyer, the great orator, the great blackguard, and the great companion, the great beau, and the great spendthrift: in nothing was he little.

His language was ornate, his style was terse and beautiful; in conversation he was voluble and transcendently entertaining; knew everybody and everything; never seemed to read, and yet was always prepared in his cases, and seemed to be a lawyer by intuition. He was rarely in his office, but always on the street, and always dressed in the extreme of the fas.h.i.+on; lived nowhere, boarded nowhere, slept nowhere, and ate everywhere. He dined at a restaurant, but scarcely ever at the same twice in succession; would search for hours to find a genial friend to dine with him, and then, if he was in the mood, there was a feast of the body and flow of the soul; went to every ball, danced with everybody, visited the ladies; was learned or frivolous, as suited the ladies' capacities or attainments; appeared fond of their society, and always spoke of them with ridicule or contempt; married, and separated from his wife, no one knew for what cause, yet still claimed and supported her. She was the widow of Governor Claiborne, and a magnificent woman; she was a Spaniard by blood, aristocratic in her feelings, eccentric, and, intellectually, a fit companion for Grymes. She was to Claiborne an admirable wife, but there was little congeniality between her and Grymes. Grymes knew that it was not possible for any woman to tolerate him as a husband, and was contented to live apart from his wife. They were never divorced, but lived--she in New York, or at her villa on Staten Island; Grymes in New Orleans. He never complained of her; always spoke kindly, and sometimes affectionately of her; denied the separation, and annually visited her. Their relations were perfectly amicable, but they could not live together. Grymes could have lived with no woman. In all things he was _sui generis_; with no one like him in any one thing, for he was never the same being two consecutive days. He had no fixed opinions that any one knew of; he was a blatant Democrat, and yet never agreed with them in anything; a great advocate of universal equality, and the veriest aristocrat on earth; he would urge to-day as a great moral or political truth certain principles, and ridicule them with contemptuous scorn to-morrow. He was the most devout of Christians to-day, the most abandoned infidel to-morrow; and always, and with everybody, striving to appear as base and as abandoned as profligate man could be: to believe all he said of himself, was to believe him the worst man on earth. He despised public opinion and mankind generally; still he was kind in his nature, and generous to profligacy; was deeply sympathetic, and never turned from the necessitous without dropping a tear or giving a dollar--the one he bestowed generously, the other he rarely had to give; but, if an acquaintance was at hand, he would borrow and give, and the charity of heart was as sincere as though the money had been his own.