The Montgomery advertiser., 1902-12-14


 Connecticut. and in pursuance of an act of Congress of the United States. passed on the twenty-seventh day of March, lsol, entitled An Act for the appoint mont of an additenaa Judge of the Mis- sdssippi Territory, and for ether pur- poses do appoint him the additional Jduge for the said Territory to reside at or near the Tombigb settlement; and do Authorize and empower him to execute and fulfill the duties Of that Office ac- cording to law. and to Have and to Hold the said Ofice with all the powers, priv fleGee and emolumsnts to the same of raEht appertaining during his good be- haviour, and to the end of the next Ses- sion of the Senate of the United States. and no longer.
 Tn Testimony whereof have caused these leters to be made Patent. and the Seal of the United States to be here unto affixed.
 p Given under my Hand at the City of ' Washington, the Sixth day of (sesi.) April. in the year Of our Lord one thousand eight hundred and four, and of the Independence of the EIs4th Th Jefferson. By the President:
 James Madison,
 Secretary of State.
 Mir Kirby, at the time of his appoint ment, was a Land Commissioner. who had been appointed, with Robert Carter Nicholas, of Kentucky, to ascertain "the rights of persons claiming lands" in the territory east of Pearl River. This brought them to Fort Stoddert. on the Alabama River, near the present Mount Vernon, Ala, where they entered upon their duties February 2. 1So4.'
 T.~o xHn- homo in the Hast MT. Kirby set out by way of the Western wa ters for New Orleans, whence he went by way of sailing vessel to Fort Stoddert. From the Claiborne Correspondence In the State Department at Washington, was obtained the following Interesting ex- tract from letter. dated January 10, 1894, by Gov. W. c. c, Claiborne ot New Orleans, to Hon. James Madison, Secretary of State. It gives reference to Mir. Kirby as we'll as affording glimpse of public affairs for the period:
 'yMr. Kirby and Mir. Nicholas, on their way to Tombigby arrived in this city on the evening before last, and will proceed in two or three days to their place of destination. They have had tedious passage but as the business on which they are employed will be speedily dis patched (for the titles to lands in that quarter are neither numerous nor compli- cated) I presume no public injury will arise from the delay. I find that MT. Kirby Is much pleased with Louisiana. and learn Mir Robert Williams is equal ly SO with the Mississippi Territory. should a Territorial Government be es- tablished in Louisiana, I am induced to think Mir Williams and MT. Kirby would each accept of commissions as Judges of the New Territory. The merits of these worthy men are too well known at the seat of Government to need any recom- mendation of mine."
 Sketch of MT. Kirby.
 Mir. Kirby was born, February g, 1757, in Judea Society, Ancient Woodbury, Conn, and was the son of Abraham Kirby farmer. The house in which he was born has long since been destroyed, but the land on which it stood is still known as "the Kirby farm" About 1763 his parents removed to Mtchf1eld. Conn. His boyhood days were spent in the occu- patton usually enga ging q farmers lad, but incidents of these years. and of his early education arc wanting.
 However, he was trained as patriot for on the news of the battle of Lexing- ton, he joined . company of volunteers. and arrived at Boston In time to take part in the battle o6 Bunker Hill. In the latter part of IT'S. together with oth- or yOunK HnCu Ou 4IpGnhC10 SOuhbyy Ho united in forming company of volun- teer cavalry The men furnished their own horses and equipment: and served about two years. The following Is Mir. Kirbys record for this period of service: ''Elpf1raim Kirby, private. enlisted De- oember A, 17Te. of Litchfeld, farmer. Stature, fl. c. Complexion dark. eyes dark brown hair. Discharged August 2, 177s." His daring and bravery were con- spfcuous on many fields. He was In many satties and slCrmishes. In the en- gagemsnt at Elk River, he received seven sabre outs on the head, and was loft on the field as dead. From the fearful outs on his head he Is said 10 have lost portion of his brain, and he was for a long time unconscious. However, his in- telligence was suddenly restored, and he at once re-entered the service of his country, continuing active until inde- pendence was achieved. At one time he was Lieutenant in e Rhode Island com pany. In all he Is said to have been in nineteen battles and skirmishss, receiv- ing thirteen wounds. including the sabre cuts already mentioned. These honorable evidences of service he carried with him to the grave.
 The Revolutionary War ended, with wfdened experience and aspiration he set about preparing himself for an enlarged sphere of usefulness For awhile he was a student in Yale College, but he did not graduate In 17S7 his alma mater con- ferred upon him the degree Master of Arts in recognition, doubtless, of his ex- banding reputation. In IAtchfield resided Reynold Marvin. who before the war had been Kings attorney. but who had re- linquished his official station to throw himself with the cause of the colonists. Determining to embrace the profession of law. MT. Kirby entered the office of MT. Marvin. and under his Instruction he was soon admitted to the bar. If was at this time, having entered upon the practice. that he married Ruth Marvin, the dauga1- ter of his patron and teacher. From this time forth until his removal to the south west, although interested in many other