The Montgomery advertiser., 1902-12-14


 LAtohfield. A tact is now to be noted which is of unusual interest In 1fs9 he compiled and psiblished the 'Neports Of Cases Adjudged in the Superior Court of the State of Connecticut, from the year 17s5. to May. 17ss," which has the unique distinction of being the first volume of law reports published in America. His work indicates rare legal ability, and is still authority in the courts. MT. Kirby the same year took the initiative in an- other matter of great moment. He wrote the pledge and organized the first so- ciety, having for its object the promotion of temperance, ever formed in America. In 1791 he was first chosen to the Con- necticut Legislature, in which body he served continuously with eminent satis- faction to his local constituency as well as to has State, until 1891. In the latter year he was named by President Thomas Jefferson as the Supervisor of the Inter nal Revenue and Direct Tax for Con- necticut. It was doubtless while filling this position that he was made Land Commissioner in 1893, as above narrated. It should be noted that Mir. Kirby was one of the original thirty-five proprie- tors of the Western Reserve" in Ohio, and was one of the first board of direc- tors of the company.s Locally he took prominent part in affairs. and was at one time Colonel of the 17th Regiment of Connecticut Militia. MT. Kirby was a Mason. and took an active part in the work of the Craft. His library and sword are said to be now in the Masonic Lodge of Litchfeld, of which he was a member. He was an original member of the Rhode Island Society of the Cincinnati.
 MT. Kirby was a staunch Democrat, which explains MT. Jefferson's regard for him. He was several times the nominee of his party for Governor of Connecticut, but always failed of election. An extract from letter of a kinsman will be inter- esting on this point. He was the cham pion of Jefferson, and brought down upon himself the whole weight of the Federal power. then dominant and overwhelming. On fast days, the magistrates and clergy of Connecticut would illuminate against Jefferson and his ndherents-that day be- ing a privileged day for them and the clergymen in Litchheld would sometimes be so personal that all eyes in the meet ing-house would be turned towards Kirby as he sat in his pew, as being the one hit, and as he could not talk back, and unable to bear it longer, he left the church and was one of the principal founders of the Episcopal Church in Litchfeld. now one of the strongest churches there, and the best endowed; so true it is. that IIlc DIOOu OL UHS IldIlSiS 10 tAiO oSch oA the church."
 Judicial Career.
 When President Jefferson came to ap- point successor to W. c. C. Claiborne as Governor of the Mississippi Territory. on December 1, 1894, he wrote to MT. Kirby offering him the presidency" of that Territory. It was declined. but why is not now known. Later he was ap- pointed Land Commissioner, as above stated, and while in that position he was named as Judge. But little Is known Of his career as Judge in his new field. The only glimpse discovered of him in this capacity is found in letter, dated at Fort Stoddert, 18th Feb. 1Sl2,' from Judge Harry Toulmin to John Graham. Secretary of State. This was in reference to and in a sense a defense against sun dry charges" preferred against MT. Toul- min by Grand Jury of Baldwin County, Mississippi Territory, and he says of the cha aracter of tho public men of the Ter ritory: Judge Kirby made an early and had he lived, 1t would probably have | been an effectua1 attack upon them. But he died. I came. and was only solicitous to preserve harmony, and to excite to | common exsrtions for the public good" Death and Burial at Fort Stoddert. At best Judge Kirby could not have held more than one term of court, for he died October 20, 1894. at Fort Stoddert As the U. S. Government maintained cantonment there with a body of sol diers, his remains were inferred with all the honors of war and other demonstra- tons of respect Hts body was laid away in the little cemetery to await the last judgment. Mt. Vernon, as Is known, Is now in the hands of the Alabama Insane Hospital One of the trustees of thls ln- stitution, Col. Samuel Wll John, on be- ing told by the wrdter, some months ago of his discoveries as to Judge Kirby, made local inquiry at Mt. Vernon In reference to the matter. In response communi- cation was received by him from Thomas Rogers. of Mt. Vernon, from which the following pertinent extract Is made:
 T arrived at Mt. Vernon January 14, 1e5o When I came here I visited Fort Stoddert. I found the remains of chim- neys, which were built of sand rock; they have since been removed by negroes. l also found broken delf, and the neck of champagne bottles. In the cemetery, httle north of Fort Stoddert, on the lake I found a reo cedar board, at the head of a grave with the name nicely cut, 'Ephraim Kirby, died Oct. 4th, (2o) 1S04 ss This board was the only one lef' to show where the cemetery was. I af- rewards visited the place, and found that the board had been destroyed by forest fires" And so it Is that there Is now no monument to mark the grave; and in deed the exact location of the grave will be hard to Identify.
 His Character.
 In conclusion I think 1t may with all propriety be claimed that Alabama has r,art in the splendid heritage left by this distinguished man. Certainly there Is in his life much to emulate. Strong of mind and will, patriotic in all crises, far see ing and constructive in his mental oper ations, he towers above scores of hi public contempora ries. does the noun tain peak above the hill. He was essen tiany a pioneer-the first to edit a pub