The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1909-04-26
RECONSTRUCTION JUDGE
CAME TO FRONT AFTER WAR

In connection with the death of for
mer Judge Thomas j. Mackey of South
Carolina, the News and Courier, of
Charleston, s. c.. reproduces a charac-
teristlc charge delivered by him from
the bench illustrative of his methods
and of conditions in South Carolina in
reconstruction times, A Republican
member of congress named A. S. Wal
lace had given note for 5000 as part
payment for biography of himself,
published by some hack writers. IT
was a favorite weakness of the scala
wags, carpetbaggers and shabby adven-
turers who ruled the state to pose as
old.time South Carolina gentlemen,
When Wallace made the note he was
asked what interest should he stated
IN case Of his failure TO meet it at ma
turlty. He answered grandly that If
he failed to pay promptly interest
might be charged at per cent an hour.
The note was so written, When it was
overdue five years an ingenious and
painstaking lawyer calculated that Wal
lace owed his bioghaphcrs $4,000 and
brought suit for that amount in Judge
Mackey's court. The Judge IN his
charge said the evidence showed that
the biographers had described A. S.
Wallace As a patriot. n Christian and a
gentleman aud thereby had damned
themselves hopelessly and inevitably.
He quoted scripture TO prove that the
whole world is inadequate compensation
to man for the loss of his soul. There
fore, the sum claimed by the biogra
pliers was moderate and he directed
that the foreman of the jury come to
the desk and sign a verdict for the
full amount. Mackey at that time was
a Republican, but, as may be guessed
from his charge and comments. his feel
ing toward Representative Wallace was
not cordial
Mackey was one Of the smartest and
most reckless of the reckless adventur
ers developed by reconstruction and
the Palmetto state is full of stories of
memories of him. 1t was he who an
nounced. either from the bench or in a
public speech. that he had made care
full investigation and discovered that
Franklin j. Moses, Jr.. was n lineal de-
scendant of the impenitent thief of the
crucifxion. Discussing the habit of
Tharsparilla Wright, the hsping
Philadelphia negro who was an associ-
ate justice of the supreme court. of get
ting drunk and preaching in the Co.
lumbia barrooms, Judge Mackey said he
had investigated Wright IS ancestry and
accounted for his inebriate piety by the /
fact that his remote ancestor on the
banks of the Congo had, single handed
eaten a very devout Wesleyan mission
ary, thereby acquiring religious tenden-
cies which he transmitted to his pos
terity.
Judge Mackey, although a native of
Charleston, was fond of amusing him
self with the peculiarities Of that an
cient and respectable city. On one oc
casiou he described dramatically the |
finding of dead body at point equal |
ly distant from Charleston, Augusta and
Columbia and how a post~mortem dis
covered that the stomach Of the corpse
contained three grains of rice and a
spoonful OF cistern water. whereupon
TO Charleston as being proved by the evi-
dence uDquestionably to belong there.
of his stories was that he had |
been forced to flee from Charleston !
while vet a youth because he had mad
remarked that in the world |
there were steeples taller than st. Mi
chael's In the year of the revolution, |
1876, he "crossed Jordan as the pro- |
cess of going over to the Democrats was |
described, and became one of Hamp !
ton S most effective, INSCRIPTIONS and |
daring supporters. He announced his |
change of heart by riding into pub
lie meeting at EdGefield on an OK and
wearing red shirt. Going down to ap-
pear before the supreme court in sup
port of one Of his peculiarly outrageous
opinions, favoring the Democrats, he |
told The people who gathered at a sta
tion to hear him talk that he intended
10 present to the court thirteen conclu
sive reasons in support of his position,
which reasons he had then on his per
SON. Whereupon he produced and eX~
hibited two siX-shooters and bowie
knife. He was the originator of the as
'ertion that the Republican party had
seven distinct principles-fve loaves
md two small fishes.
Probably no more brilliant man ever
sat on the bench anywhere When he
was made a judge he never had prac-
Iced law and so far as can be ascer-
aimed never had studied it. Yet he
always could find law for any decision
)r ruling he saw fit to make If he
,ouIdn't find it he invented it as he
vent along. His impulses were good,
lie was fighter from the heart and
le had way Of arriving at substantial
Justice by the most absurd routes. He
delighted to say the widest and most
'idiculous things with an air of pro,
'ound gravity and intensity. He was
born actor and love of applause was.
perhaps. the ruling passion of his life.
Perhaps there have been and are other
men like him, but for the full develop
nent of character and characteristics
Ike his, stress and turmoil and times Of
intense passion and strong crises are
(Va.) News Leader