El Paso daily herald. (El Paso, Tex.) 1881-1901, 1897-08-31
but his greatest fame lay in the direc

but his greatest fame lay in the direc
ton of his political life
AS lawyer he was consider by
his fellow members of the bar as able,
shrewd and courageous. He was par
ticularly sound upon constitutions al
questions. AS prosecutor he was
no quarter to the civil code. But let
this part of his career go. Every one
is familiar with Jack Evans the United
States district attorney.
Judge Evans appeared on the public
stage in 1869, as member of the re-
construction constitutional convention,
from Waco, McLennan county. That
convention composed entirely of repub-
lican members, became rent asunder
upon what was called the A binitio doc
trine. Judge Evans was the apostle OF
the doctrine. This controversy is for
gotten and has passed into history. To
divide the Hamiltons-Jack Hamilton
becoming an opponent and Morgan
Hamilton an advOcate-tbe late Gov.
Davis took the lead in opposition to
JACK Hamilton. and while the "Ablni-
ito" doctriue was finally eliminated
from the constitution the split continued
and resulted in disaster to republic
cans A correspondent in The Express
discussing the ''Abinitio" doctrine
says:
THE Abinitio doctrine was embodied
in the report of the committee (gener-
al proviSions) which was drawn with
the creates care and SO ably that the
opponents of this doctrine did not dare
to combat the sections as proposed, but
offered substitute which is not as
good as a similar declaration passed by
The rebel convention of 1866. AS to
the Albinitio doctrine it was the re-
source of all the principle in all the
controversies in the convention; it Is
the very soul of reconstruction in this
state
Judge Evans was an unknown man
until this fatal controversy arose, in
fact, he is credited with first giving
form to the Abinitio doctrine, which,
in short, declared the ordinance of
secession and all legislation founded
thereon null and void. This declara-
ton was Interpreted as interfering
public debt made by the state during
secession. In short, Alb nitio as orig
inally proposed did not materialize in
the constitution of 1869, but Jack Evans
became famous, and may be listed
among the giants of the CONSTITUTIONAL
convention of 1869, and for ability it
ranked high. The gladiators in the
forensic arena then have almost all
gone the way of all the world.
In physical characteristics Judge
Evans was always an apparently sickly
man; his appearance even in 1869 was
that of an invalid. He was always
sick, and yet he Outlived most of his
Stalwa art coz tempOrarles.
1t is easier to say pleasant things of
the dead than to speak of facts. The
cOmmonest clOd gets plimentary
obituary equal to the greatest genius,
but in sketch of the character or life
of a man vino has played an important
part in his cOuptry's history it is but
just to speak OF him truthfully. Judge
Evans was not a man who attracted
friendly intercourse. He had no mag
netism. The estimation he was held in
was won by sheer force of intellect;
yet there was a kindly sympathetic
deeply charitable side to his nature
that never appeared on the surface be-
cause he was not a hypOcrit. He pos
sessed little or no self pride and never
seem inflated with his personal sue
| cess.
| He was bitter partisan aud drew
the picture of his opponents in the
light of truth, as he saw it.
AS young man he was forced into
the Confederate army, and although s
native of South Carolina he was ar
original union man. He hated the
southern conference and never tool
any pains to hide his hatred. On the
stump his speeches were considered
very bitter. He never failed to cali
the roll of the Confederate statesmen
Robt. Tombs boosted he would call tn,
| roll Of his slaves on the foot of Bunse,
Hill monument. Jack Evans insisted
on calling the roll of the Confederat,
or rather seces sion statemen befor,
great gatherings of people.
Judge Evans was a champion of tn
negro, but in the later days of his lif
he expressed sad disappointment
over the political status of his colore,
brothers. The last political gatherin,
he attended was the exciting republic
an convention at Mission Garden, prio
to the last congressional and pres
idential campaign, where he stoo
with barred head in front of the plat
form that had been guarded by tn
Elmendorf police, protesting agains
the outrage then being perpetrate
by the Ogden Clitford-Terr E.
mendorf wing of the party. His ar
peal was unheaded and it was his las
appearance as q republican part
gladiator.
lie was man of sorrows; it was So
dom thatlevity appeared as his CUES,
Much should tie forgiven, much be re
membered of such man He file,
, the machine. in which fate cast hi
lot. Had his life been spent in som
other section of tt union withou
| doubt, it would have been crowns
with the laurels OF true genius,