Page:The Green Bag (1889–1914), Volume 08.pdf/390

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Sergeant Smith Prentiss. into the political arena at a meeting of par tisans opposed to President Jackson. But he directed his attack against the Vice-President Martin Van Buren. Referring to a claim that the latter, while minister to England, had settled the question of Great Britain's right to search American vessels, Mr. Prentiss aroused most intense enthusiasm by this eloquent sentence delivered with marked fire, scorn and passion. "Why, that question was settled by Madison's naval war; and even the youngest American sailor boy seated at a masthead, if asked by a Briton whether such right existed, would point to the mouth of the cannon on the deck below and indig nantly exlaim, ' Go thence and take your answer.' " " Even," said Judge Chilton, who was in the audience, "his political adversaries in the nationality of the sentiment forgot partisan bitterness and united in the excla mations of applause." In October, 1833, after a legal contention in which he was opposed by Henry S. Foote of the Bar (long afterwards Governor, and Federal Senator of Mississippi, and one of the few Union men of the South), personal difficulties arose, and Foote challenged Prentiss. They met with seconds at sun rise on the Louisiana side of the river, opposite Vicksburg. Foote was slightly wounded in the shoulder. But Foote re newed the challenge and was again wounded. In after years they became intimate friends — each perhaps sharing the sentiment ex pressed by old General Damas, in Bulwer's play of " Lady of Lyons," in " Egad, it is strange how much I like a man after I have fought him." In writing to his clerical brother an account of the duels, Prentiss said, "I am no advocate of duelling, and from principle shall always, if possible, avoid the custom; but here, if a man don't fight, life is rendered valueless to him both in his own eyes and those of the community." He begged his brother to conceal the inci dent from his mother, because it might shock her. And she never learned of the

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matter until after her son's untimely death. Nearly all of his compeers at the bar were Southrons, and many of them were jealous of him as a Yankee interloper; but when they discovered that he would fight, they were chary of giving him offense. But on one occasion, during a trial, when opposed by a member of the Bar named Claiborne, an altercation suddenly arose between them and the latter aimed a blow which Prentiss countered. The judge found both in con tempt, and ordered each to be imprisoned for twenty-four hours in the county jail. Clai borne had attempted excuses, but Prentiss with infinite drollery acknowledged the justice of the conviction and punishment, but added, "I have a favor to ask of your Honor, that I shall not be disgraced by having to share a cell with my adversary." The Bar and by standers were convulsed with laughter, and the judge controlled his own risibilities sufficiently to put them in custody of the sheriff, with the remark, "and separate cells." In the evening, many members of the Bar passed hours in Prentiss' cell, where supper was served and they enjoyed the exhaustless good humor of the captive. On the following day a concourse of citizens assembled at the jail to greet his release, and escorted him to the court house, where the interrupted cause was continued. Naturally, Prentiss' popularity attracted to him political leaders of the Anti-Jackson par ty, and he was soon elected to the legislature, to which he was re-elected eight times, and served therein as chairman of the Judiciary Committee. He participated largely in the debates, and became always the oratorical feature of the assembly, although he had as fellow members many distinguished men. But he alternated court house and Capitol building, and did not permit the pursuit of politics to interfere with devotion to his constantly increasing number of clients. He accumulated surplus moneys and invested these largely in a speculative purchase of corporation lands in Vicksburg, the title of