Lumpkin was very decided in his opinions, and open in their expression, yet there was none of that empoisoned bitterness in these expressions so characteristic of political aspirants in that day. Such was alien to his kindly nature; and if it had not been, there were other causes to estop him from any such indulgence. His family was large. There were eight brothers; only one of these was younger than himself; these were about equally divided in political sentiment, and they, at least some of them, less amiable or less considerate than himself. He was the favorite of all, and was continually in communication with all of them, and was really the moderator of the family, and the healer of its feuds. At this time, too, the deep morality of his nature was growing into piety, and this sentiment was mellowing from his heart even the little of unkindness that had ever found a place there.
At twenty-five years of age he was sent, by an almost unanimous vote, to the Legislature from his county. He came with an exaggerated reputation for talent, especially for oratorical talent, and many of his friends feared he would not be able to sustain it in that body, where there were many of age and experience, with characters already long established for learning and eloquence, and also many young men from different parts of the State, who, like himself, had already won fame for high talent. Among these was Robert Augustus Bell, in sight of whose grave I write these lines. He passed away in early life, but Georgia never produced a brighter or a nobler spirit. There were also Charles Dougherty, (who died young, but not without making his mark,) William Law, Hopkins Holsey, and others, who have honored themselves and the State by eminent services on the Bench and at the Bar, and in the councils of their native and other States to which many of them emigrated.
At the very opening of the session, Lumpkin took position with the first on the floor of the House of Representatives. His first speech was one of thrilling eloquence, and, before its conclusion, had emptied the Senate chamber; many of its oldest and most talented members crowding about him, and listening with delight.
The memory of that day revives with the freshness of yesterday. Two or three only remain with me now, to recall the delight with which all hearts were filled who acted, politically, with Lumpkins, as the beautiful and cogent sentences thrilled from his lips, with a trembling fervor, which came from an excitement born of the heart, and which went to the heart. Bell, Brailsford, Dougherty, Rumbert, and Baxter, who, with myself, grouped near him, all are in the grave, save only I, and, standing a few weeks since by the fresh mould that covers Joseph H. Lumpkin, and yesterday by the grave of Bell, my mind wandered back to the old State House, and to those who were with me there. Separated for more than forty years from the home of my birth, being with, and becoming a part of another people—a noble, generous, and gallant people—and almost forgetting my mother tongue, these had faded away almost into forgetfulness; but, tottering with years, and full of sorrows, I am here amid the scenes made lovely and memorable by their presence, when we were all young and hopeful. They come back to me, and now, while I write, it seems their spirits float in the air of my chamber, and smile at me. Why is my summons delayed so long? All that made life lovely is gone—youth, fortune, and household gods. My children are in bloody graves—she who bore them preceded them to eternity; yet I live on, and sigh, and remember, while imagination peoples with the past the scenes about me. The faces, the jest, and merry laugh come again; I see and hear them again. Oblivion veils away the interval of forty-five years, and all is as it was. Oh, could the illusion last till death shall make it truth! It is, I feel, but a foretaste of the reality soon to be, when hearts with hearts shall group again, and the reunion of sundered ties be eternal.
Lumpkin served a few sessions in the Legislature, and retired from public life to devote his entire attention to his profession. He had married, almost as soon as he was admitted to the Bar, one to whom he had been attached from boyhood, and the cares of a family were increasing and demanding his attention and efforts. No man ever more faithfully discharged these duties.
The judiciary of Georgia had consisted of two courts only—the superior, and inferior or county court—from the organization of the State. The country had long felt the want of a supreme court, for the correction of errors, and to render uniform the decisions upon the law throughout the State, which, under the prevailing system, had become very diverse, and which was becoming grievously oppressive. Finally it was determined by the Legislature to establish a supreme court. After the passage of the law, however, its organization was incomplete for the want of judges. Party was distracting the councils of the State, and was carried into everything, and each party desired a controlling influence in this court, and their united co-operation in selecting judges could only be effected by the dominant party consenting to Joseph H. Lumpkin's accepting the chief-justiceship. He consented to do so, and the organization of the court was completed. This position, under repeated elections, he continued to hold until the day of his death, which occurred in the spring of 1867.
No man, perhaps, ever had the confidence of a people in the discharge of a high judicial duty more than had Joseph H. Lumpkin. His public duties were discharged with the most scrupulous conscientiousness, as were all of those pertaining to his private life and relations. He died in the neighborhood of his birth, and where he had continued to live through his whole life, passing through time with the companions of his childhood, and preserving their confidence and affection to the last. His death was sudden, and deeply mourned throughout the State, which had delighted so long to honor him. His name is identified with her history, as one of her brightest and best men.
The talents of Judge Lumpkin were of a high order, and though he distinguished himself as a jurist, they were certainly more fitted for the forum than the bench. Those who knew him best, and who were best fitted to judge, unite in the opinion that his eminence in political life would have been greater than that which distinguished him as a judge. He was a natural orator, and his oratory was of the highest order. His ideas flowed too fast for the pen, and he thought more vividly when on his feet, and in the midst of a multitude, than when in the privacy of his chamber. His language was naturally ornate and eloquent, and the stream of thought which flowed on in declamation, brightened and grew, in its progress, to a mighty volume. This, with the fervor of intense feeling which distinguished his efforts, made them powerfully effective. In toning down these feelings, and repressing the ornate and beautiful to the cold, concise legal opinion, his delivery lost not only its beauty, but much of its strength and power. He might have been less useful, but certainly he would have been more distinguished, had he pursued the bent of his genius. Abilities like Lumpkin's must succeed respectably, if directed to any pursuit; and even should they be prostituted to base and dishonorable purposes, they will distinguish the possessor above the herd.
His temperament was nervous, his sensibility acute, and his sentiments exalted. Fluent, with great command of language, he was peculiarly gifted for display in debate, and it was supposed, when he first came into the Legislature, that he would soon rise to the first position in the national councils. But he determined for himself a different field; and, in view of his eminent services as an able and conscientious judge, who shall say he did not choose wisely?
In an almost adjoining county to that of the residence of Judge Lumpkin, was coming forward, in the profession of law, another gifted son of Georgia—Walter T. Colquitt. He was a compeer, at the Bar, of Chief-Justice Lumpkin. They were admitted to practice about the same time. He was a native of the county of Hancock. His mother was the only sister of the eight brothers Holt, every one of whom was distinguished for probity and worth. They all lived and died in the State, and every one of them was a representative man. They have all left descendants but one, and none yet have stained the name. As their ancestors, they are energetic, honest, and most worthy citizens.