Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
After my second session in the Legislature, I applied myself with
unremitting application to the practice of the law. My practice in
Lancaster and some of the adjoining counties was extensive, laborious,
and lucrative. It increased rapidly in value from the time I ceased to
be a member of the Legislature. During the year ending on the 1st of
April, 1819, I received in cash for professional services $7,915.92,
which was, down to that time, the best year I ever experienced.[3]
Among his professional employments at this period, I find the following
modest allusion to a cause in which he gained great distinction:
During the session of the Legislature of 1816–17 I alone defended the
Hon. Walter Franklin and his associates on articles of impeachment
against them before the Senate; and during the session of 1817–18, I
defended the same judges on other articles, and had for associates Mr.
Condy and Mr. Hopkins. I never felt the responsibility of my position
more sensibly than, when a young man between 25 and 26 years of age, I
undertook alone to defend Judge Franklin; and although he was anxious I
should, again the next year, undertake his cause without assistance, yet
I insisted upon the employment of older and more experienced counsel.
As the impeachment case referred to in the close of this sketch was the
occasion of Mr. Buchanan’s early distinction at the bar, a brief account
of it may be here given. It was a prosecution instituted from political
motives, and was a lamentable exhibition of party asperity. Judge
Franklin was the president judge of the court of common pleas for a
judicial district composed of the counties of Lancaster, Lebanon, and
York. His associates were not lawyers. At a period of great political
excitement, which had continued since the close of the war with Great
Britain, there arose a litigation in Judge Franklin’s court which grew
out of one of the occurrences of the war. In July, 1814, the President
had made a requisition on the Governor of Pennsylvania for the services
of certain regiments of militia. The troops were called and mustered
into the Federal service. Houston, a citizen of Lancaster, refused to
serve; he was tried by a court-martial, held under the authority of the
State, convicted, and sentenced to pay a fine. For this he brought an
action in the common pleas against the members of the court-martial and
its officer who had collected the fine. On the trial, Judge Franklin
ruled that when the militia had been mustered into the service of the
United States, the control of the State and its power to punish were
ended. The plaintiff, therefore, recovered a verdict. Judge Franklin was
subjected to this impeachment for ruling a point of law on which the
Judges of the Supreme Court of the United States afterwards differed.
In a diary kept by a gentleman who watched this impeachment with the
deepest interest, I find the following allusion to Mr. Buchanan’s
argument:
Public-domain text, read in full here on John Shaqi.
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