was reorganized as cavalry, when it was attached to the command of General Early, and served under him for the remainder of the war. After the surrender of General Lee, his command attempted to join General Johnson in North Carolina, but the cessation of hostilities took place before it could reach him. Returning home, Judge McFarland again took up his practice in his old circuit. On the resignation of Judge Nelson, in Decem ber, 1871, the remaining judges requested the appointment of James T. Shields. Gov ernor Brown appointed him, and Judge Shields accepted the office; but he reconsidered, and in an hour afterward he declined it. The court then joined in a request for the appointment of Judge McFarland. He was appointed, elected by the people in 1872, and re-elected in 1878. He died during his second term, on Oct. 2, 1884. Judge McFarland was but little past fifty at the time of his death. The loss to the
State was irreparable. It was a misfortune that his service on the bench did not cover more than eleven years. Considered in some aspects, he was the ablest judge Tennessee has ever had. The judicial poise of his mind was perfect. He had pre-eminently the power to see clear and think straight. His written opinions are the best to be found in the Tennessee reports. They are not long, as a rule. There are not many citations of authorities. There is no disregard of them, however, enough being referred to to show that he had a due respect for the marks of the pioneers who had first passed that way. His conclusions are clearly stated, and seem self-evident truths when one reads them; but the judge did not content himself with that. He always showed the reasons why his conclusions ought to be the law, and he was the master of the art of the exposition of that. He thought so clearly that it seemed impossible for him to write otherwise than plainly.
