Page images
PDF
EPUB

.

[graphic][ocr errors][merged small]

perhaps, the most prominent feature of his forensic eminence. His great integrity and love of justice, his kindness of heart, which continually beamed in his face, lurked in every tone of his voice, and gave air to every act and gesture of the man, were even superior in effect to the charms of eloquence, in which he was by no means deficient.

Judge Guion was a great favorite with his brother members of the bar, and was popular with all classes of the people. He displayed always a warm and attractive cordiality, a sincere suavity of manner, and a courtesy that gushed from the pure fountains of benevolence. Indeed, kindness was the controlling attribute of this great and good man- -a man whose abilities were well worth the fee of fame, and whose many endearing traits of character entitle his name to be entwined with wreaths of living green in the memory of every Mississippian who delights to cherish and honor the noblest virtues of humanity.

JOSEPH HOLT.

Joseph Holt was born in Breckenridge County, Kentucky, in the year 1807. He received a thorough and finished education in the college at Danville, and was thoroughly-trained for the profession of law. He was admitted to the bar at Elizabethtown in 1828, soon attained a high rank as a lawyer, and served with distinction as district-attorney there, previous to his emigration to Mississippi. He removed to the latter State in 1837, and settled first at Jackson, where he resided a short time, and then removed to Vicksburg. He brought with him to Mississippi a high reputation both as a lawyer and politician. He had taken a prominent part in the race of Richard M. Johnson for the Vice-Presidency, and in the National Democratic Convention of 1836 had delivered a speech that gave him great credit, and which was read with admiration throughout the Union.

With such a prestige his reception in Mississippi was of course warm and flattering, and which, with his unassuming dignity of manners and great ability as a lawyer, placed him at

once in the front rank of the profession, and he became one of the brightest lights that ever shed lustre upon the bar of Mississippi.

Mr. Holt was gifted with a mind of brilliant powers. His perceptions were remarkably acute and penetrating; his comprehension as vast as the range of fact and the field of jurisprudence; and in the discussion of general principles of law he had no superior at the Mississippi bar. His mild and gentle manners, calm demeanor, and dignified bearing, conduced greatly to the triumphant effect of his logic. His accomplishments as a forensic orator were of the most forcible and striking character. Clear and comprehensive in the statement of his cases, well fortified at all times by precedent and analogy, lucid and logical in his arguments, fair and exact in his summation, with a ready and unlimited command of language, his eloquent and stirring perorations bore away the sympathy and judgment of courts and juries into an irresistible current of conviction.

Mr. Holt was engaged in many of the most important cases ever brought before the courts of the State, and was frequently the opponent of Mr. Prentiss, of whom he was, in some way, considered a prominent rival. Indeed, Mr. Holt had many friends and admirers who claimed for him the meed of superiority. He was a strong advocate of Democracy, while Mr. Prentiss was a Whig, and this caused, no doubt, a claim to be advanced by their respective friends which neither of the eminent counsel advocated. They were opponents in the noted case of Vick et al. vs. the Mayor and Aldermen of Vicksburg. In this case Newit Vick, who owned the soil where Vicksburg now stands, proceeded in 1819 to lay off lots for the future city, leaving the space between the front street and the river as a common for the use of the future inhabitants, and according to this plat began to dispose of the lots, but died soon after. The town was built pursuant to this plan, but in 1836 the heirs of Vick laid claim to the "common." The board of Mayor and Aldermen filed a bill in chancery to quiet title in the city, claiming that the property had been dedicated by Newit Vick to the public use.

Mr. Holt was engaged as leading counsel for the complain

The suit involved

ants, and Mr. Prentiss for the defendants. more than half a million of dollars, and was managed on both sides with the most consummate skill and ability. The Chancellor decided in favor of the city, upon which Mr. Prentiss appealed to the High Court. The able arguments of the counsel were written, and are found reported in full in 1 Howard, 379. In this case the whole question of dedication of easements and public uses was thoroughly and ably argued. The question is an interesting and important one, from the fact that it involves many conflicting precedents, and that there has been no fixed line drawn between express and implied dedications.

The High Court reversed the decree of the Chancellor, and dismissed the bill and injunctions, upon which Mr. Holt took the case to the Supreme Court of the United States, which in turn overruled the decision of the High Court and sustained the decree.

The arguments in this case will well repay the close study of any practitioner.

After having remained about ten years at the Mississippi bar, and having reaped an ample fortune from his practice, Mr. Holt returned to Kentucky, and took up his residence in the city of Louisville; soon after which he went abroad, visiting various countries in Europe, and on his return to the United States he was, in 1857, appointed by President Buchanan as Commissioner of Patents at Washington. In 1859 he became Postmaster-General, and on the resignation of John B. Floyd, in 1860, he was placed for a short time at the head of the War Department.

In 1862 he was appointed Judge Advocate General of the United States army, and in that capacity took a prominent part in the trial and execution of the unfortunate Mrs. Surratt, the first woman ever executed by authority of the United States Government. For his connection with this matter, whatever may have been his official attitude and obligations, he has received, and no doubt will always receive, the disapprobation of all fair-minded mankind.

After this transaction, and the expiration of his office as Judge Advocate, Mr. Holt retired from public view, and has since lived

« PreviousContinue »