of
Muscatine County Iowa
1911
| History of Muscatine County Iowa 1911 | |
Source: History of Muscatine County Iowa, Volume I, 1911, pages 369-371
JUDGE S. CLINTON HASTINGS. Judge S. C. Hastings' father, Robert C. Hastings, was a native of Boston but removed in early life to central New York, where he married Miss Patience Brayton, whose family had been among the earliest settlers of that region. Seven children were born of this marriage. Receiving an academic education, young Clinton came west and studied law for two years in Lawrenceburg, Indiana, removing to Muscatine, then Bloomington, in 1837. Here he was admitted to the bar and began practice but was soon appointed justice of the peace by Governor Dodge, of Wisconsin Territory, which included Iowa. 'Squire Hastings used to say that his jurisdiction covered the whole western territory, extending to the Pacific ocean.
As justice of the peace, he had but one case to try during his term. It was a criminal charge. He found the accused guilty of stealing $30 from a citizen and $3 from the court. He was sentenced to be taken by the constable to a grove near by, to be there tied to a tree and to receive on his back thirty-three lashes--thirty for the theft from the citizen and three for that from the court--then to be transported across to Illinois and banished from Iowa forever. The sentence was executed under the eye of the court in the presence of a large crowd of people.
Mr. Hastings was successively elected as a member of the Iowa council and house of representatives, and on Iowa being admitted to the Union, he took his seat as the state's first representative in congress. At the end of his term he was appointed chief justice of Iowa but after one year's administration, removed in 1849 to California, where, six months after his arrival, he was chosen by the legislature, chief justice of the new eldorado. Retiring from the bench, he was elected attorney general of the state, in which office, from its enormous fees, he laid the foundation of his great fortune. (Suel Foster, the Judge's brother-in-law, thought that he could not have acquired much property in office but that the opportunity came when he acted as agent for parties interested in recovering the large grants of lands made by the Spanish and Mexican governments before California was ceded to the United States.)
Judge Hastings was married in Muscatine in 1845 to Miss Azelia Bratt, daughter of Delevan Bratt, of Moscow. Mrs. Hastings died at Pau, in Europe, in 1876. Eight children were born of this marriage. Judge Hastings died, February 18, 1893.
In an issue of the Davenport Democrat published in 1881, the following reminiscent article appeared, which, upon perusal, will give the reader an insight to one side of the character of the man: " Alexander McGregor was one of the original proprietors of the town of Davenport, and a terror in this region in the practice of his profession. He was very abusive when handling a case--very. It was his game to scare the other side out of their case before a jury if he could. The first case Hastings had after he came to Muscatine, he found McGregor on the other side--and McGregor attempted his old tactics, and Hastings met him on his own ground. When McGregor abused his witnesses, he abused McGregor and astonished court and jury by his daring to do such a thing; in his speech to the jury McGregor bore down on Hastings like fury, and when Hastings came to reply, he just raked McGregor from head to foot, black-guarded him, called him names and made him so mad he was red as a brick. And Hastings won the case. Three weeks later, Hastings met McGregor in Davenport, Mac's own town. A farmer from Cedar county was Hastings' client, and the trial was before two justices, according to the old time way. It was in 1838. McGregor had fixed it up to pack the jury and Hastings saw the game and determined to check-mate it. He knew that McGregor was a power and determined to expose his tactics. The whole trial was a wrangle between the attorneys more than anything else. When the argument came up the two lawyers got into a bitter quarrel and at last McGregor called Hastings a liar, rose to go for him, and Hastings knocked him down. Then McGregor rushed out of the court room across the street to a grocery store, where he borrowed two pistols--ugly things they were, much like Deringers--and went back to court, where Hastings was talking to the jury. Hastings told the jury that McGregor had two loaded pistols in his pockets but he was a coward and dare not use them! And then Hastings, without ever looking at McGregor, abused him. McGregor trembled with rage--actually became purple in the face, but he didn't fire. Hastings' face was turned, for he was very careful to keep his eyes right on the jury. The result was the jury hung until they were discharged, three or four of them being in favor of a verdict for the judge's client. That was the last of the case--the Cedar county farmer was never bothered again."
Another incident in the career of the two pioneer lawyers is interesting in this connection: "In the winter of 1838-9 Hastings and McGregor were both members of the territorial council, which held its session in Burlington. McGregor introduced a bill for the chartering of the Wilson ferry between Davenport and Stevenson (Rock Island.) It might be called a pretty liberal charter. It was reported that Mr. McGregor was the attorney for Mr. Wilson when at home. The council took it up, appointed a committee of investigation, the committee reported that the statement was true and the council expelled Mr. McGregor, notwithstanding the exertions of Hastings in his behalf, for Hastings tried hard to limit the action to censure by the chair instead of expulsion."
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