as to allow them to testify in such cases. At that time there was
a great deal of feeling throughout the country on the subject of
slavery, and any attempt to legislate in behalf of the colored people
was sure to excite opposition, and give rise to suggestions that its
promoter was not sound on the slavery question. The presentation
of the petition accordingly stirred up angry feelings. It created a
perfect outburst of indignation, and some one moved that the petition
should be thrown out of the window; and the motion was passed almost
unanimously. If I recollect aright, there was but a single vote in the
negative. I was standing by Mr. Fairfax when he was informed of
the proceeding. He at once denounced it, and said, in energetic
terms--"This is all wrong--the petition should have been received. If
my horse or my dog could in any way express its wishes to me I would
listen to it. It is a shame that a petition from any one, black or
white, should not be received by the Legislature of the State, whether
it be granted or not." I was greatly impressed at that time with
the manliness of this expression in a community which looked with
suspicion on any movement in favor of extending any rights to the
colored race.
On another occasion, some years afterwards, when I was Judge of the
Supreme Court of the State and he was the clerk of the court, there
was a good deal of complaint against Harvey Lee, the reporter of the
court, who was appointed to the office by Governor Weller. I believe
that Lee was instrumental, but of this I am not certain, in getting a
law passed which took the appointment of the reporter from the court
and gave it to the Governor. He was an inferior lawyer, and, of
course, had very little practice. The appointment, therefore, to which
a fair salary was attached, was eagerly sought by him. His reports,
however, were so defective that an effort was made by the judges to
get the law repealed and have the appointment restored to the court.
This led to a bitter feeling on his part towards the judges, and in a
conversation with Mr. Fairfax he gave vent to it in violent language.
Mr. Fairfax resented the attack and an altercation ensued, when Lee,
who carried a sword-cane, drew the sword and ran it into Fairfax's
body. Fortunately it entered the chest above the heart. Withdrawing
the sword Lee made a second lunge at Fairfax, which the latter
partially avoided so as to receive only a flesh wound in the side. By
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