XX A LAWYER OF THE OLD SCHOOL
JUDGE ARRINGTON, THE IDEAL LAWYER—EULOGIZED BY OTHER JUDGES—BOOKS HIS EARLY COMPANIONS—BECOMES SUCCESSIVELY A METHODIST PREACHER, A LAWYER, AND A JUDGE—WRITES SOME SKETCHES OF LIFE IN THE SOUTHWEST —HIS APOSTROPHE TO WATER RECITED BY GOUGH.
In the old Supreme Court-room at Ottawa, almost a half-century ago, I saw and heard Judge Alfred A. Arrington for the first time. For two hours I listened with the deepest attention to his masterly argument in a cause then exciting much interest because of the large amount involved. The dry question of law under discussion, "as if touched by the enchanter's wand," was at once invested with an interest far beyond its wont. As I listened to the argument of Judge Arrington, and witnessed the manner of its delivery, he appeared in the most comprehensive sense the ideal lawyer. He seemed, indeed, as he probably was, the sole survivor of the school of which Wirt and Pinckney were three generations ago the typical representatives. His dignified bearing, old-time apparel, and lofty courtesy toward the Court and opposing counsel, all strengthened this impression. He had a highly attractive appearance, and as was said by a contemporary, "to crown all, a massive Websterian forehead, needing no seal to give the world assurance of a man."
"Sage he stood,
With Atlantean shoulders, fit to bear
The weight of mightiest monarchies; his look
Drew audience and attention still as night
Or summer's noontide air."
Since then I have listened to advocates of national renown in our great court and in the Senate sitting as a High Court of Impeachment, but at no time or place have I heard an abler, more scholarly, or more eloquent argument than that of Judge Arrington in the old court-room at Ottawa, Illinois, on that day long gone by.
The most eminent members of the Chicago bar were the eulogists of Judge Arrington when he passed to his grave, near the close of the great Civil War. Judge Wilson, in presenting resolutions in honor of the deceased, voiced the sentiments of his associates when he said:
"For more than thirty years at the bar and upon the bench, I have been associated with the legal profession; and I may say without offence that of the many able men I have known I regard Judge Arrington, take him all in all, as the ablest."
The venerable Judge Drummond said:
"I have rarely heard a man whose efforts so constantly riveted the attention from the beginning to the close of his discourse. For while he trod with firm and steady steps the path of logic, his vivid imagination was constantly scattering on each side flowers of fragrant beauty, to the wonder and delight of all who heard him. He was a great lawyer in the highest and largest sense of the term —great in the extent and thoroughness of his legal learning, in the vigor and acuteness of his reasoning, and in the power of his eloquence."
The Hon. Melville W. Fuller, the present Chief Justice of the United
States, said:
"When he arose to discuss a question, he exhibited a perfect knowledge of every phase in which it could be presented; and men never grew weary (especially if the argument involved Constitutional construction, in which department he stood primus inter illustres) of admiring the amplitude of his legal attainments, the accuracy of his learning, the compactness of his logic, and the majestic flow of his eloquence, and more than all, that firmness and breadth of mind which lifted him above the ordinary contest of the forum.
"It is a source of the deepest consolation that he found peace at the last; that the grand spirit, before it took its everlasting flight, reposed in confidence on the Book of Books; that its departure was illumined by that precious light which ever renders radiant the brief darkness 'twixt mortal twilight and immortal dawn."
And yet, alas, his name has now almost passed from the memories of men; the veil of time has settled over him; no distinct image is recalled by the mention of his name. How suggestive this, of the ephemeral fame of even a great lawyer:
"Swift as shadow, short as any dream
Brief as the lightning in the collied night."
Words long since uttered by an eminent jurist have not lost their significance:
"There is, perhaps, no reputation that can be achieved amongst men that is so transitory, so evanescent, as that of a great advocate. The very wand that enchants us is magical. Its effects can be felt; it influences our actions; it controls and possesses us; but to define it, or tell what it is, or how it produces these effects, is as far beyond our power as to imprison the sunbeam. In the presence of such majestic power we can only stand awed and silent."
There was much of romance, and somewhat of mystery, that gathered about the life of Judge Arrington. Born of humble parentage in the pine forests of North Carolina, with no advantages other than those common in the remoter parts of our country a century ago, from the beginning he apparently dwelt apart from the conditions surrounding him. At an early age he removed with his father's family to the then wilds of the Southwest.
There, upon the very border line of civilization, his associates for a time were the advance guard, the adventurers and soldiers of fortune that in a large measure constituted the civilization of the southwestern frontier during the early years of the last century. With his early environment, his subsequent career seems a marvel. It can only be explained upon the supposition that through with them, he was not of them.
"His soul was like a star, and dwelt apart."
His companions were his books. Denied the advantages of early scholastic training, he was, from the beginning, an omnivorous reader. He cared little for the allurements and excitement of society. At the age of seventeen, he joined the Methodist Episcopal Church, and was soon after licensed to preach. For four years he rode the circuit, enduring all the discomforts and dangers then and there incident to his calling. His field may be called the Ultima Thule, bordering upon the Rio Grande and inhabited by Indians. Untutored audiences were stirred to the depths by his fervid appeals. Church buildings were yet in the future; the congregations assembled in God's first temples, and listened with rapt attention to the fiery eloquence of the delicate, youthful messenger, whose soul seemed on fire.
A gentleman who had heard Arrington writes:
"He was then young, delicate, as brilliant as a comet, and almost as erratic. Without research or mental discipline, he could electrify an audience beyond all living men, and arouse in the minds of those who heard him the wildest enthusiasm."
For some cause, possibly never to be explained, he suddenly abandoned the ministry, began the study of the law, and when a little past the age of twenty-one, was admitted to the bar. After some years of successful practice in the rude frontier courts of Arkansas, he removed to Texas, where he was soon appointed a judge, and assigned to the Rio Grande circuit. In addition to his judicial labors, he now wrote and published some graphic and interesting sketches of border life, vivid pictures of conditions then existing in the Southwest among a people the like of which we shall not see agin, a people upon whom the restraints and amenities of civilized life sat but lightly, who were in large degree a law unto themselves, and with whom revenge was virtue.
One of his publications, "Paul Denton," still has a place in many of our libraries. It is, in part, a narrative of the thrilling experiences of an early Methodist circuit-rider—presumably himself —upon the southwest border. In this will be found his marvellous apostrophe to water, which, as was said by Judge Dent, "was so familiar to the lecture-going public of the last generation owing to its frequent declamation from the rostrum by the temperance lecturer, Gough."
The hero of the book, Paul Denton, had been announced to preach at a famous Spring, where "plenty of good liquor" was promised to all who would attend. During the sermon, a desperado demanded: "Mr. Denton, where is the liquor you promised?"
"There!" answered the preacher in tones of thunder, and pointing his motionless finger at a spring gushing up in two strong columns from the bosom of the earth with a sound like a shout of joy. "There," he repeated, "there is the liquor which God the Eternal brews for all his children. Not in the simmering still over the smoky fires choked with poisonous gases, surrounded with stench of sickening odors and corruptions, doth your Father in heaven prepare the precious essence of life—pure cold water; but in the green glade and grassy dell, where the red-deer wanders and the child loves to play, there God brews it; and down, low down, in the deepest valleys, where the fountains murmur, and the rills sigh, and high upon the mountain-tops where the naked granite glitters like gold in the sun, where the storm-cloud broods and the thunder-storms crash; and far out on the wide, wild sea, where the hurricane howls music and the big waves roll the chorus, sweeping the march of God—there he brews it, the beverage of life, health-giving water.
"And everywhere it is a thing of life and beauty—gleaming in the dew-drop; singing in the summer rain; shining in the ice gem till the trees all seem turned to living jewels; spreading a golden veil over the sun or a white gauze around the midnight moon; sporting in the glacier; folding its bright snow-curtain softly about the wintry world; and weaving the many-colored bow whose warp is the rain-drops of earth, whose woof is the sunbeam of heaven, all checkered over with the mystic hand of refraction.
"Still it is beautiful, that blessed life-water! No poisonous bubbles are on its brink; its foam brings not murder and madness; no blood stains its liquid glass; pale widows and starving orphans weep not burning tears into its depths; no drunkard's shrieking ghost from the grave curses it in the world of eternal despair. Beautiful, pure, blessed, and glorious. Speak out, my friends, would you exchange it for the demon's drink, alcohol?"
In Calvary Cemetery, Chicago, rests all that is mortal of Judge
Arrington.
"Tread lightly on his ashes, ye men of genius, for
he was your kinsman!
Weed clean his grave, ye men of goodness, for
he was your brother!"