Appendix L. Judge Harry Toulmin - A SKETCH

[The following script for a speech, in typescript, is among papers handed down to

Priestley Toulmin III, by whose permission I reproduce it here. The occasion and

author are unknown.]

In March 1804, Hon. Harry Toulmin, a resident of the State of Kentucky, was

appointed by President Jefferson Judge of the United States Court, at that time

called the superior court, of the Mississippi Territory. He came to the Territory

by way of the Ohio and Mississippi rivers by barge - a boat for the carriage of

passengers or freight, and used in those days by sovereigns, officers, magistrates,

etc. - and of New Orleans and Mobile on the same craft, and, ascending the Mobile

River, landed at Fort Stoddert, a short distance below the mouth of the Tombigbee

River, and settled near there in that part of the Territory which was subsequently

included in the State of Alabama, on the formation of that State. He was one of the

early settlers, and was the pioneer jurist, the history of our judiciary having

begun with him. His first court was held in the fall of 1804 in what was then, and

is now, Washington County, at a place he called "Wakefield", in memory of

Goldsmith's good vicar. Fort Stoddert was not only a military garrison, but was at

that time a prominent post, and,being a port of entry, the admiralty court was held

there. Judge Toulmin's territorial jurisdiction extended westward to the

Mississippi River, which was the western boundary of the Mississippi Territory.

The town of Natchez on that river was one of the places at which the territorial

court was held by him. His usual mode of travel from his home to the several places

at which the court was required to be held was on horse back, and, as a general

rule, his only companion on these long and hazardous journeys through a county

sparsely settled by white people, but abounding in Indians (many of whom were of

hostile tribes), was his faithful body-servant (as called in the old times) - a

young negro man by the name of Tony. He owned Tony in Kentucky and brought hime

with him on his removal from that State to the Mississippi Territory.

On June 21st, 1886, in this city, Tony died, at not less than 102 years of age.

He believed he was 111 years old, but from the best evidence obatianable by the

Toulmin family at the time of his death he was thought to be 102 uears old at that

time. Uncle Tony", as he was called by the younger members of his master's family,

was a man of far more intelligence and character than is ordinarily found among his

race. He was a man of fine sense and excellent character, and possessed the entire

confidence of his master. He was at all times humble, dutiful and faithful. He was

devoted to his master in life, and he always showed a reverence for his memory that

was as beautiful as it was extraordinary. As attesting Judge Toulmin's kindly

nature and his esteem and affection for his fathful servant, he provided for his

emancipation by his will, in relation to which he used the following language. I

read an extract from the will: "It has long been my intention to emancipate Tony,

the son of Becky, on account of his faithful and affectionate services, and because

I think he can act discreetly as a freeman which very few negroes can do ... I do

not wish to petition our Alabama Assembly about his emancipation. I scorn to

petition for what I believe to be a right ... Let him be sent with proper passports

and extracts from this my will, and money to bear his expenses, to Kentucky. I

believe he can be made free by the laws of that State, but if he cannot, let him

have liberty to go to any state where he can obtain freedom. I bought him when a

child, and I feel towards him almost as one of my family rather than as a slave. I

think he is fit for freedom, and I think the more of him inasmuch as his mother, who

was very depraved, has given strong evidence of reformation and a regard to the

Christian character".

Tony preferred to remain with "old master's people", as he termed them. He had

married a woman belonging to one of the family, and he was also unwilling to leave

her and the two or three children which had been born to them. Here he remained,

practically a free man though nominally a slave as long as slavery existed,

maintaining himself until too old to do so, when his children and some of his

master's descendants furnished him with assistance as he needed it, and in his last

days comforted him with evidence of their regard and sympathy.

Judge Toulmin in his communications, by correspondence and otherwise, with the

Spanish Commandant of Mobile, prior to its acquisition by the United States,

exhibited diplomatic ability of a superior order.

In 1819 the territory, out of which the State of Alabama was carved, having a

sufficient population, the congress of the United States authorized the holding of a

convention to form a state constitution. The subject of this sketch was a member of

that convention, and prominently participated in the organization of the state

government. He had digested the laws of the Mississippi Territory, and he compiled

the first digest of the laws of Alabama. His reputation was that of an able,

upright and just judge, and of a diplomatist of more than ordinary accomplishments.

He was an excellent scholar, a fine writer, and an energetic man, with great force

of character. He was noted for his hospitality and as a delightful fireside

companion. His house was the rendez-vous of all the prominent persons who visited

the frontier, among them, Jackson, Claiborne, Benton, Gaines and others. His

character and conduct secured the confidence of the public, and won the hearts of

many friends, and enabled him to exert a large and wholesome influence in the

upbuilding of the country and developing its civilization and progress.

As giving a slight idea of the troublous times of that day, and evidencing his

active interest, patriotism and vigilance in those times, I will, with your

permission, read two letters written by him to General Claiborne in 1813, one of

which is a copy, and the other in his own hand-writing, which has been preserved.

[Here read, 1st the printed letter, and 2nd, the original.]

Judge Toulmin died in December 1824, and was buried in Washington County, Alabam,

at a place called "Old Washington Court House".

His descendants are numerous. A few of them are scattered throughout the United

States in states other than Alabama and Kentucky, but many are found in central and

south Alabama,and in Kentucky, in which latter state he resided and held high

position as educator, lawyer and citizen, before removing to the Mississippi

Territory.

[PT suggests one of the letters to Claiborne mentioned may have been one now in

the Alabama archives at Montgomery, written at Mobile 9 Nov 1813, which closes: "My

son attends you. I commit him to your friendship. Teach him obedience, caution and

decorum. I take it for granted that he will not want courage. I hope it will be

preceded by discretion." The son referred to was presumably Theophilus (*133116),

then 17. PT has a copy of this made by Martha Dabney/Toulmin, second wife of

*13311C2, but does not believe *13311C2 was author of the speech.]