of
Muscatine County Iowa
1911
| History of Muscatine County Iowa 1911 | |
Source: History of Muscatine County Iowa, Volume I, 1911, pages 365-369
JUDGE JOSEPH WILLIAMS Joseph Williams was born in Huntington, Westmoreland county, Pennsylvania, December 8, 1801. Of his boyhood and youth but little is known. He was one of the fortunate few. While he made no pretentions to extensive reading, he managed to secure a knowledge of principles and his quick intelligence and phenomenal memory supplied what else was lacking.
He was distinguished above all others in the early territorial days for his humor, his wit and for his musical talent, which in spite of himself and the dignity of his office, led him to mingle in all crowds as a "hail fellow;" yet we must not judge from this part of his history that he was dissipated, or that he encouraged dissipation in others,--far from it. He allowed no man to surpass him in the practice and dignity of a gentleman or in his support of those principles of temperance and morality, which are the ground work of a well ordered society. He was not a profound lawyer but he had the quickness and sagacity to see the right of every question, as well as the courage and manhood to seize upon it, and to declare his convictions irrespective of parties and favorites. It was these qualities that made him a most popular judge, for during his judicial career, which was coeval with the territorial period, he was the most popular of the three judges upon the supreme bench. His memory calls up the universal popularity with which he was regarded by those who knew him as a man and judge, as well as those whose knowledge consists only of the stories that have been told of him by his old-time associates.
The judicial duties of the supreme court of Iowa and of the circuits to which the three judges were assigned were not so onerous and engrossing as to preclude other activities. The pioneer communities were ambitious and sought to branch out in all directions. Men competent to direct these budding energies and enterprises were few, and each had of necessity to play many parts. Our subject seemingly entered with enthusiasm into the plans of his fellow citizens of Bloomington. Here was he located, as most convenient to his district. In December, 1838, the territorial legislature granted to Joseph Williams and Charles A. Warfield authority to operate and maintain a ferry across the Mississippi at Bloomington, and for one mile above and below the town. It was provided that horse or steam power should be used, and that individual property rights at points where landing might be established should not be disturbed or violated. In securing this concession, however, the ambitions of the projectors evidently outran their abilities. The ferry was not established and the privilege lapsed.
In the same year the genial jurist joined with the handful of Christians who had established the Methodist church in Bloomington, and proved a strong support in the days of feeble fortune. He is named as one of the stewards in the roster of 184O, and was one of the board of trustees in 1845. He was also one of the organizers of the temperance society formed in his home village.
During the summer of 1839 Judge Williams purchased a farm a few miles west of Muscatine and deserved the gratitude of the settlers by putting up and operating a horse power mill. In a speech made before the Old Settlers' Association in 1880, J. P. Walton said: "We recollect taking a bushel of corn on the back of an Indian pony and going eight miles to this mill. We paid twelve and a half cents for the privilege of grinding. Our pony was small and the mill ran quite hard and ground slow, so that it took all day to go to the mill, do the grinding and get back. We had to furnish the corn and the power, pay twelve and a half cents toll, and then do our own grinding."
In May, 1839, the first corporation election was held in Bloomington and as a result, Joseph Williams received thirty-eight of a total of forty votes for president of the village board. He was also first named in the list of incorporators of the Bloomington and Cedar River Canal Company. It is of record that the Judge was really enthusiastic over the project.
The three supreme court justices, Mason, Wilson and Williams, served through the entire territorial period from 1838 to 1846. During these years there were brought before the highest tribunal many issues of importance, and decisions were given and precedents established which had marked influence upon the after current of events. In the case of a fugitive slave, brought on habeas corpus proceedings, the territorial court held that "where a slave with his master's consent becomes a resident of a free state or territory, he could not thereafter be regarded as a fugitive slave, nor could the master under such circumstances exercise any rights of ownership over him. When the master applies to our tribunals for the purpose of controlling as property that which our laws have declared not to be property, it is incumbent upon them to refuse their cooperation."
This clear toned enunciation of the doctrines of free men upon free soil fixed the place of Iowa through the succeeding years of agitation and struggle. "When it is remembered," says Benjamin F. Gue, "that the three judges (all democrats) thus early enunciated the doctrine of humanity and equity, that slavery was local and freedom a natural right, the liberty loving people of Iowa will forever honor these pioneer judges, who, in their sturdy manhood and love of justice, immortalized their names in an opinion in direct conflict with the infamous later decision of the national tribunal in the case of Dred Scott."
The appointment of supreme court justices in 1838 was for a term of four years. John Tyler had succeeded President Van Buren when this period had expired. The appointees were democrats, while the national administration was whig. It was naturally expected that the "spoils system" would prevail, and that officials from the dominant party would be chosen to replace these men. Certain interested politicians in Bloomington had prepared a statement, purporting to voice the sentiment of the district, asking the removal of Williams. This was sent to Washington and came to the knowledge of General Dodge, who was friendly to the Judge. He secured a copy and returned it to the supporters of Williams in Iowa. These resented the secret work thus revealed and found no difficulty in securing a numerously signed counter petition. As it happened, of the three judges Williams was the only one to whom the position was important. Both Mason and Wilson had other resources and were not anxious for reappointment. To Williams his place on the bench was a congenial occupation, to which he was accustomed, and was his sole means of livelihood. He therefore thought his chances might be improved by a personal visit to Washington, and armed with the enthusiastic endorsement of his friends started on his long journey east. "In these days," says one who has written variously of the episode, "he had to travel by steamer to St. Louis, up the Ohio to Maysville (which was then the terminus of the great 'National Pike' commencing at Cumberland, Maryland.) Taking the stage at Maysville he found himself seated in front of a lady, pretty, brilliant and entertaining. The Judge was, both by nature and practice, a ladies' man and sought to ingratiate himself into her favor by making himself as agreeable as possible, which was no difficult task, for he was a gentleman of Chesterfieldian manners. He communicated to the lady his name, his rank and the purpose of his journey eastward; but, strange to say, for the Judge was not a bashful man, he did not learn the lady's name nor anything of her social position. Reaching Baltimore, the travelers separated. Williams stopped in that city for a few days to visit friends and then completed his journey to Washington. There, having freshened himself from the effects of travel, he called upon President Tyler. Upon his name being announced he was received, much to his surprise, with unusual kindness and courtesy of manner. The President entered into familiar conversation with him as though he had been a life-long friend. Many questions were asked of Iowa, of the Judge's associates in office and of other men in the territory until the office-seeker almost forgot the purpose for which he had gone. Rallying, however, he ventured to suggest the matter of his reappointment. 'Oh!' said the President, 'that matter is all fixed to your satisfaction, Judge,' and immediately commenced to talk upon other subjects. After a little, Williams renewed his attack, when the President said: 'Your appointment has been made and the secretary will furnish you with your commission when you are ready to return home.' 'But,' ventured the Judge, 'I could not think of going back with a reappointment for myself and with my associates left out in the cold.' 'That matter you will also find arranged satisfactorily,' replied the President; 'I have reappointed all three of you. And by the way Judge,' added the chief executive, there is a lady in the adjoining room who I know would be greatly pleased to meet you, and would request that you join me in a call upon her.' The Judge had the courage to say it would afford him great pleasure to meet the lady, though he had no idea who she was. Accompanying the President into another room, a lady beautiful in appearance, graceful in manner, and with an earnestness quite unusual among strangers, rushed to the Judge, seized him by the hand and cordially greeted him. 'Judge Williams, this is Mrs. Tyler, my wife,' said the amused President to the astonished Judge, and lo! it was the woman with whom the latter had traveled three days and as many nights over the mountains and through the valleys from the Ohio to the Potomac. 'I hope Judge,' said the lady, 'that you have found everything to your satisfaction. I spoke to the President when I returned home and told him of your kindness and asked him to reappoint you and your associates.' Whereupon the three joined in familiar conversation as though they had known each other for years."
In December, 1846, Iowa was admitted as a state into the Union, and the terms for all territorial officials ceased with the appointive powers of the general government. Upon adjournment of the first state legislature the governor, Ansel Briggs, appointed Joseph Williams as chief justice of Iowa to succeed Judge Charles Mason. In 1848 he was succeeded by Seranus C. Hastings, but the next year he again gained a seat on the supreme bench and retained the same until 1855.
We have a glimpse of Judge Williams in another role in 1846, when a St. Louis paper thus described him: "Judge Joseph Williams of Iowa, distinguished for his great versatility of talent, paraded with the (Texas) volunteers of Burlington, Iowa, and marched at their head, playing the fife. The Judge is a perfect specimen of a happy man. He is a devout member of the Methodist church and attends scrupulously to his religious duties. He is also one of the best temperance lecturers we ever heard; is judge of the second district of Iowa; associate justice of the supreme court; a fine poet; a superior musician; fifer for the Texas volunteers; the tallest kind of a companion we ever met at the social board--and he tells the best story of any humorist of the day."
With his qualities of head and heart, Judge Williams acquired a fame that was almost national. In 1857 he received appointment from President Buchanan as one of the district judges for the territory of Kansas, and was soon as much at home among the people and as much of a favorite with the bar as in Iowa. In this new location he made some fortunate land purchases in the vicinity of Fort Scott. This property soon increased in value and in the investment, wisely held, fortified the owner's later years against the results of earlier improvidences.
So successful had been the judicial career of our subject in Kansas that President Lincoln requisitioned his legal services during the war of the rebellion. In 1863 the Union general in command at Memphis, Tennessee, urged the establishment of a court in that city, operations of the war having disrupted all the regular civil functions. Judge Williams was offered and accepted the position of judge and served in that capacity until the close of the war. It was an arduous position and difficult because of the peculiar conditions. Yet it is of record that the strong sense of justice, the constant exercise of common sense and the kindliness of temper which always characterized the man, won from even those who were enemies for the time, respect and regard.
At the close of the war Judge Williams returned to Iowa and for a few years resided at the old home near Muscatine. In February, 1870, he left for Fort Scott, Kansas, to look after matters connected with his property interests at that place. Within a short time of his arrival he was taken ill. His sickness developed into pneumonia and his death occurred March 31, 1870.
Judge Williams was married at Hollidaysburg, Pennsylvania, in 1827, to Miss Mary Rogers Meason. His family followed him to Iowa in 1839 and made their home in Muscatine until the departure of the Judge for Kansas. Husband and wife are buried side by side in the cemetery at Muscatine, the latter passing away September 10, 1870.
It will not be out of place here, as showing the versatility of the man and the depth of his sentiments to append here from an article entitled Judge Williams as a Poet, which appeared in the Iowa Historical Record for April, 1896, and which was contributed by the late T. S. Parvin:
"I think I have stated elsewhere that Judge Williams was a poet of no mean order. I have just come across two of his effusions in this line, one humorous and the other sad, for he was a man equal to every emergency in life. On one occasion when visiting his old home in Pennsylvania, he called at the law office of his old friend and fellow student, Jerry Black. Not finding him in, he left this card as follows:
'Oh, Jerry, Jerry, I've found you at last,
And memory goes back to the scenes of the past,
As I think of old Somerset's mountains of snow,
When you were but Jerry, and I was but Joe.' "
Back to Historical Index Page