The Montgomery advertiser., 1905-02-05
Judge Harry TouImln.

known as the Greek War"
 Judge Harry TOuImln.
 In March, 1894, Hon. Harry Toulmin, 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 sov- ereigns. 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 Tom bigbee 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 set | tiers. and was the pioneer jurist, the history of our Judiciary having begun with him. Ills first court was held in the fall of 1894 in what was then, and Is now. Washington County. at a place which he called "Wakefield' in memory of Goldsmith's good vicar. Fort Stoddert was not only a military garrison but was at that time a prom 1 inent post and. being a port of entry. the admiralty court was held there. Judge Toulmin's territorial jurisdic- tion extended westward to the Miss issippi River, which was the western | boudary of the Mississippi Territory The town of Natchez on that river was one of the places at which the territo- rial 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 com panion on these long and hazardous journeys through a country sparsely | settled by white people, but abounding with Indians, many of whom were of hostile tribes, was his faithful body servant Gas called in the old times)- young negro man by the name of Tony. He owned Tony in Kentucky and brought him with him on his re- moval from that state to the Missis- sippi Territory.
 On June 21st. 1886, in this city. Tony died, at not less than 1O2 years of age. | He believed he was III years old. but from the best evidence obtaInable | by the Toulmin family at the time of his death he was thought to be 102 years old at that time. Uncle Tony" as he was called by the younger mem bers of his masters family, was a man
 
 | 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 l faithful. He was devoted to his master | In life, and he always showed a rev. erence for his memory that was as beautiful as 1t was extraordinary. As attesting Judge Toulmin's kindly na- !, | faithful servant, he provided for his emancipation by his will, in relation to which he used the following language. read an extract from the will: Tt has long been my intention to em- ancipate Tony. the son of Becky, On account of his faithful and affectionate services, and because l think he can act discreetly as a freeman which very l few negroes can do. I do not wish to petition our Alabama As- sembly about his emancipation. scor1 to petition fer what I believe to be right. Let him be sent with prop CT passports and extracts from this, my will, and money to bear his ex- penses. to Kentucky. I believe he can l 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 ob- | tain freedom. I bought him when a
 
 as one of my own family rather than as slave. I think he is fit for free | dom, and think the more of him is- asmuch as his mother who was very depraved. has given strong evidence of | reformation and a regard to the Chris tian character"
 Tony preferred to remain with 'old masters people," as he termed them He married a woman belonging to one of the family, and he was also unwiI- ling to leave her and the two or three children which had been born to them. Here he remained, practically a free man though nominally slave, as long as slavery existed. maintaining him self until too old to do so, when his children and some of his master de- scendants furnished him with assist ance as he needed. and in his last days | comforted him with evidences of their reg trd and sympathy.
 Judge Toulmin in his communica- | tions, by correspondence and other | wise, with the Spanish commandant of Mobile, prior to its acquisition by the United States, exhibited diplomatic ability of superior order.
 In 1919 the territory, out of which
 the State of Alabama was formed, | having a Eufficient population, the congress of the United States author l ized the holding of convention to form state constitution. The sub Ject of this sketch was a member of that convention and prominently par, ticipated 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 diplomatist of more than orr
 dinary accomplishments. He was an
 excellent scholar. fine writer, and an | energetic man, with great force of
 character. He was noted for his hos pitality and as a delightful fire-side
 companion. Ills house was the rendez- z-nll. nE All Lhe ..rn...l-, a..k ..a-.n.a. z-kn