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VOL. I.
TEttMM
Columbus Daily and Weekly Times.
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MEMORIAL TO GENERAL BENNING
EI.ECJ.VST SPEECHES— COVKT
nUtTSE CROWDED.
The Brnuty will Chl.irt.T ot <h* C ity
Present.
BIBOLmONS, ftc.
At 12 o'clock yesterday, the Superior
Court met to do honor to one of the bravest,
most chivalrous, and illustrious of our
dead. The ladles of Columbus were pres
ent in largo numbers, and the citizens
generally were there to attest their appre
ciation of the noble Henry L. Henning.
The family of Gen. Henning were provi
ded with seats Inside of the bar. The
chair and desk once occupied by our hero
General was draped in mourning. Inside
of the bar was seated the old army ser
vant, "Hilly,” who came as a devoted ser
vant to do honor to the man he loved.
Everybody knows how deeply tbo Times
lamented the death of our distinguished
patron, and in the speeches that follow,
will be found an Inadequate expression of
our veneration and love for Henry L. Hen
ning. We enjoyed the privilege of his
friendship, and are proud to do honor to
his memory.
Upon the announcement of tho Court
that it was ready to proceed with the
memorial rites, Col. A. 11. Chappell, in be
half of the committee, of which ho was
chairman, read the following report:
The Committee, coUHintiug of A. 11. Chappell.
Martin J, Crawford. liapbael J. .Hone*, Murk
U. Btandford aud John Peabody, Faquir* h.
wuorn lit* Honor, Judge Johnson, and tne mem
ber* of the Bar. at a meeting held tbe day ac
cording tbe death of our distinguished, deejn)
lam.jutod brother, Urnkhai. Henry L. Dknnino,
appointed to tho mourniul office of preparing and
presenting at this Term oi tne Court a worthy
tribute ti> bit memory, have Buffered under a
HruHe of painlul inadequacy to the sacred, iratt r
nal tank to which they have been assigned. They
have been ail the while conscious of their incoiu
petancy to give due expression to tho lot lings
wnich stir tneir own bosoms and pervade the en
tire community in reference to tuo beloved and
honored dead. On this scene, still instinct and
alive, as it were, with bis genius ami presence,
they are sensible that all the strains of grief and
eulogy that can be poured forth, must needs ia.ll
on the hearts of the stricken listeners, and only
excite their yearnings lor deeper solace to their
own pangs and richer offerings to bis worth.
Knowing, therefore, as wo well do, how little it
<an be hoped to come up to the full wants of the
occasion, would, nevertheless, lain make some
approach to the touching duty it imposes by
briefly dwelling with proud sorrow on the ebar
a ter and career, the virtues and merits of him
whom we mourn, and which have rendered the
name at HjbUhy L. Benning dear and memorable
alike to his professional brethren and to the
whole mass of his fellow-citizens.
His career was no ordinary one. It was long,
laborious, successful, aiatmguished, divc.rsilied,
divided, from the time of the opening of his ac
tive life, between hard labor and signal success
at the Bar and the dignified toiie and compensa
ting honors of the Bench; divided. a*aiu, between
the amihng pursuits of peace such as once blessed
this laud, and the stern avocations of a war, which
has left nothing but sorrow and ruin behind it
It was full forty years ag" that Gun krai. Bit win no
first took that seat at this Bar, whose very deso
lation will now long vividly recall him to our sad
thoughts. He came arrayed in the modest,
winniug glory that hs often been seen luminous
on talented, premising, ambitious youug man
hood, struggling bravely in the early stages of a
profession so Ooblaand difficult, so intellectual
and inspiring as the l*w. Both in person and in
mind, nature had endowed him well, —and supe
rior advantages of education, which ho had not
failed in boyhood and youth, to turn to the best
account, had also fallen to his lot. What abundant
assurance he gave, at a very early period, that he
was worthy ol all bis high advantages and was
likely to profit highly by them, is well attested
by the undying story, which however, his own
lips never told, of his indefatigable application
whilst in the University of Georgia, whf re he
graduated in 1X34, with the highest honors, bear
ing off the palm from such competitors and class
mates as Mo well Cobh and Hershcl V. Johnson.
A little more than twenty years before that time,
Columbia county'had given him a birth place,
but by the removal of liis parents when he was
yet a mere lad. Harris county ami then the new
couutry between the Flint and Chattahoochee be
came his home, and thither, upon his college ca
reer ending, he came back again, and loosing no
time entered upon the study of law in Talbottou
under tbe Holt. George W. Towns, subsequently
a member of Cougress and Governor of the Stat*-.
The same strenuous habits of diligence which
had distinguished him in college, characterized
him as a law student and expedited him in the
acquirement of legal lore, so that soon alter st
taming his majority in April 1b35, he was admit
ted to the Bar—a remarkably well-read neophyte.
But neophyte it was soon forgotten that ho was.
In his judicial studies he never relaxed, but con
tinued to devote himself to them with untiring,
delighted assiduity. And who can ever hope to
prosper and rise in the Law who does not take de
light in it? With General Bennino it became
tue passion ofni* life, and proficiency and emi
nence in his profession grew to be his engross
ing ambition. Of course, he was obliged to sue
coed, obliged to advance surely and rapidly, and
to take rank, by degrees, withSthe veterans with
whom bo had to contend. And then, too, it whs
*>t long before the Solicitor Generalship of the
Circuit v.a bestowed upon him by the Legisla
ture. Stimulated by this mark of public recog
nition and favor, so flattering at Ins time of life,
both as coming from a numerous Legislative As
sembly and as won over the heads of a crowd of
aspirants in open day and full before the public
eye, he applied himself more intensely than ever
to his books and business, to study and to the
practice.—-making thereby such progress as a
lawyer, and building up such a reputation, per
sonal and professional, as opened the way to him
in 1853 to a seat on the Bench of the Supreme
Court by tue voice of the Legislature.
He ware the ermine for six years with weal to
the State and honor to himself, ever exhibiting
capacity, industry and resources of learning and
knowledge, fully equal to tho requirements of
that exhaulted sphere of pure law in which he
now revolved. Here it so happened that what
those whs knew him intimately had ever regar
ded as one of his marked and most ennobling
traits, namely, a sterling manhood and conscien
tiousness, was often brought out to light by his
somewhat frequent dissenting opinions,—more
numerous and more elaborately supported by ar
gument than had perhaps ever occurred in the
case of any other Judge on e.ither side of the At
lantic. The nearest parallel castiT, which our
book present, is probably that of Mr. Justice
Buber, who certainly rather enhanced than
damaged hi* fame for legal knowledge and acumen,
as well as for judicial nerve and independence,
by his frequent dissentions from Mansfield and
Kenyon, and his other colleagues on King s
Bench. One thing is certain, our departed
brother stood well that trying ordeal of service
on the Bench under which not a few in the his
tory of our profession have failed and come to
loss of reputation. Asa Judge ho added to the
laurels which he had gathered at the Bar.
At the end of bis judicial term he returned at
once to the Bar, bringing with him all tbe accu
mulated a-1 vantages of prestige and increased
riches as a jurist, that had accrued from so many
laborious years spent by a man so laborious and
faithful to duty as himself on the Supreme Bench.
The consequence was, that an overwhelming
practice lay inviting before him. But it was a
harvest not destined even to ripen and come un
der the reaper’s hands. It was all scattered be
fore the storm of war and secession that was al
ready muttering and was not long in bursting
THE DAILY TIMES.
over our devoted Southern land. And now
another great transition, such an one "as tries
men's souls” to their topmost bent, signalled t>
Judge Bennino. For as yet be had never borne
aught other than the judicial title. He hesitated
not. He instantly obeyed the sign, and rushed to
exchange the forum f<*r the tented field, the law
for war and its perils, miseries and merciless
ness. A regiment of men almost immediately
showed itself, bristling up. as it were, like the ta
bled soldiers ot Cadmus, from tho very ground
on which ho stamped, and demanded him ss their
commander. He led them quickly far away to
faco the blazing front of war in old Virginia-’*
grand historic clime, there on her heroic soil to
shed their blood and lay down tbeir lives iu our
precious Southern cause;—himself all tbe while
at their head and in their midst, serene, firm as
a rock, encountering unflinchingly and sharing
fully with them all dangers and hardships, and
endearing himself also to them by his ceaseless
sympathy and care iu thoir behalf.
His merits as an officer were not unobserved
by his superiors in command iu the Confeder
ate Government, ami tho result was his promo
tion to the rank of Brigadier General whilst the
war was yet iu "mid volley." Iu this new and
more proniin c nt position, it fell to him to take
part in many of the roughest and most perilous
scenes of the long, vaccillatiug conflict, and ho
invariably performed his part well, ever at his
post, ever unsparing of himself, never shrinking
from duty. His sword gleamed on many a field;
in the fightings aud skirmishes around llich
mond, in the huge, disastrous collision at Get
tysburg, in the battle of the Wilderness aud on
other theatres of arms which will not be nameless
when the muse of History shall ht reuiti r rs'seher
recording pen to do justice to Southern heroism
and redeem Southern glory from the trauscieut
eclipse that has obaeuml it by reason oi the final
ill aurora* of our great Recessionary attempt. At
the battle of the Wilderness his blood flowed and
the wound ho there received, never ceased, to
the cud of his life, to give hint at times pain,
which he was in the habit of enduring with but
mere mention of the suffering or its cause.
When the war ended by the sheer exhaustion
of the South, and the stars and bars ha t to be
furled and laid away in everlasting mourning, lie
whose fresh grave we bedew anew to-day with
fraternal tears, came back again, war-worn and
depressed at heart, to his home and to the bosom
of his long-lone and long waiting family. But
when he came, be found no time for rest or ro
p.ise there. For not only had Southern liberty
been crushed by the result, but Southern wealth
and property had been annihilated, the very
frame-work southern society torn to pieces aud
universal impoverishment and disorganization
decreed as the general fate. It was under these
dire circumstances, that as well from necessity
as from predilictiou, he donned, upon the spot,
once more his professional harness aud came
again to the Bar, hoping imply to extort from
the now was ted and sterile fields of the law some
provision for his dear ones. He worked hard.
He stood facile princeps in our ranks. Nothing
that lie undertook was slighted. How assidu
ously be labored by day and by night, as well in
his office and bis study*at home, as in the Court
room, has been no secret to his brethren. Secret
it could not possibly be, f>r it stood continually
revealed by the infallible testimony of hip
thorough preparation in all his cases, at all times,
both as to law h. facts, w*d in all their details and
complication. But the strong man (for ho pos
sessed an iron constitution! not uufrcquently
presumed too far on his strength and his capacity
for labor and immunity from harm by (unreason
able and excessive work and too protracted
straining of his powers, physical and mental.
And it is thought probable that it was by one of
these strong-charactered, persistent impru
dences continued through almost the entire
night in perfecting the preparation ■ tone of his
cases, that he was at last broken down without
warning and the vital cord suddenly snapped.
In General Bennino'h veins coursed sumo f
the best blood of Georgia. From his own lips the
Chairman of your Committee had it that ho was
the great grand son of the celebrated Thomas
Cobb, of Columbia/ounty, who lived to be large
ly more than a cwftury old. and who was even less
remarkable fojf his longevity than for Ui wonder
ful manner iv which he boro up under his weight
of yarn, both in mind and body. This great old
man was the ancestor of the first Howell C'ohb—-
him who figured very prominently on our politi
cal stage sixty and seventy years ago— also of
Thomas W. (-’obb. tho greatest of the name and
next to William H. Crawford, generally deemed
the mightiest intellect the Stat.- boasted iu his
dav.— and. finally, those two other eminent men
of a more modern date, tho gifted brothers, Gon.
HoweUCobbaudGen.Thomasß.il Cobb, were
bis lineal descendants in the same degree with
General Bknkino.
Strong principles and firm, decided character
combined with an amiable, generous temper and
a robust, manly texture of mind distinguished
by solidity than brilliancy, by capacity than ge
nius. a pure and correct moral sense, along with
•the most perfect rectitude and honor in all
things, and a soul incapable of any of the im auer
patsious or impulses—these were the qualities
that adorned (<kn. fli nni.vo, and seemed rather
to be innate and inseparable hereditimeuts of his
nature than cograttments in any sort upon
it. He was wholly free, from artifice or preten
sion, yet lie certainly lacked not the amount of
self-estimation and Mf-nssertion necessary to
make a man be felt as a force and high value in
the world. He seems to have thoroughly under
stood himself and lus peculiar structure, and to
have recognized (lie great principle that labor is
the universal price that must be paid for all
things, aud in hia case at least, for things and
wealth that pertain to mind riot bus than for
those that are merely material, and he acted
through life on the principle that ho would find
his reward in being laborious, and that there
whs no other rqed to succes iu the profession he
had chosen.
But adieu to these imperfect, unavailing re
callings of characteristics which made our de
ceased brother so much the object of our pride,
honor, respect and affection ; unavailing they are
indeed, either to assuage our grief or to pene
trate " the dull cold ear of death." and reach and
rejoice him who now si< *-p deep and calm by the
side of those whom beloved, and who preceded
him to the grave. Allow your Committee, breth
ren, to bring its sad duty to a dose by asking
your acceptance of this, their Report, and pray
ing the order of the Court that it be entered on
the minutes, and that an exemplified copy tbereol
be transmitted by the Clerk to the daughters of ,
Gen. Bennino, now doubly orphaned. How our
hearts weep fur them under this their last and
great bereavement ! We pray our Heavenly
Father to be their comforter aud supporter, and
to over-watch, guard and bless them whilst He
< hastens them ! May He cheer and sustain
them, ever-dropping manna from on high iu their
desolate pilgrimage through this vale of tears.
Col. Ingriin, ono of tho ablest mwubers ;
of the Bar followed Col. Chappell in a
speech full of kind words, and replete
with sympathetic lire:
"General Bennino is dead!" On the morn
ing of the xth of July last, the sad news, like an
electric current, was conveyed from mouth to
mouth, throughout the city and surrounding
country, that "General Bennino wav dea l." All
were astounded, shocked and grieved at the sud
den announcement. For on the morning before
they had seen him on his way to the Court
House, walking the streets, with fiis accustomed
stately trend, with his books and brief in hand.
But, alas, it was his last brief! He had labored
on it nearly all the night before, ft was a ease iu
which he felt a great interest, aud all bis great
energies were concentrated upon it. But his
physical strength was not equal to the pressure,
anil he fell by the way. weak, exhausted,
lyzedl Tbe giant in strength hau become, in a
moment, like an infant, helpless and unconscious
of his own situation, lie sent word to the Court
that he "would be there after a littl*-." With
the last flickering light of his great Intellect still
lingering upon his brief aud the case in hand, he
fell—fell literally "in harness;" fell after the la
bor of more than lorty years in tbe profession
which he loved so well, aud around which he had
shed an undying lustre.
But he fell not among strangers. He was in the
midst of friends, who conveyed him. with tender
care, to bis home All that friends and family and
medical skill could do, was done for his relief.
But his appointed time had come. The silver
cord was breaking; and like an unconscious
infant in its cradle, the strong man was laid
upon his bed for hi* last sleep! He scarcely spoke
afterward. in the evening of that day I
saw him for tho last time; then unconscious,
speechless and sleepi -! profoundly. And thus,
iu the midst of f'am.jy and friends; and in
shadows au*l stillness of tin* midnight hour; ami
without pain aud without a struggle he quietly
and peacefully passed away. To the call of his
name upon these earthly Court dockets he will
respond no mere. In these halls we hay** long
leen accustomed to see him ami to hear his voice.
We miss him iu his accustomed place. There is
an empty chair, aud a vacant desk. Others must
hereafter occupy them! The tokens arc so nu
merous and the signs around us ar*; so real, that
we are forced to the solemn realization ot an
nouncement, that "General Bennino ih dead!"
And he was buried out of our sight.
It sometimes happens that the last funeral rites
bestowed upon the dead, give some indication of
the estimation in which they are held iu the
community where they have lived. It was a beau
tiful Sabbath morning when our friend was
buried. And Columbus, in all its history, has
never witnessed such a numerous multitude of
sorrowing citizens, in the funeral train of any of
its dead. The grief was universal. All classes
participated in it. The high and the low; the
rich add the poor; black and white; all denomi
nations and associations, religious, social, civil
aud military—all, with heartfelt sorrow, joined
the solemn train, as it moved toward tho final
resting place of their friend. And I feel that I
shall neither wound the feelings of the living,
nor do any injustice to the memory of the dead,
when I say that no citizen of Columbus has ever
gone down to his grave, s > sincerely, heartily
ana universally honored, respected and beloved,
as was General Bennino.
What manner of man was he, thus to have won
the esteem, and to have entwined himself around
the affections of all classes oi men? His reputa
tion among men was all of his own making. He
belonged to no one of the numerous associations of
COLUMBUS, GA., SUNDAY, NOVEMBER 21, 1875.
the present day. He relied not upon any ances
tral fame to elevate himself above ordinary mor
tals. He never resorted to any triek. or artifices
or disguises, to win his way to the love and ad
miration of his fellow-men. In ull his ways he
was ever simple, earnest, truthful and straight
forward; aud at the same time manly, courteous
and dignified. Tho strength of a giant, and the
simplicity of a child, were never more harmoni
ously blended together in the same person.
At the time of his death lie w hs over sixty years
of age. lie whs educated at our own State Uni
versity. and graduated with tho highest honors
ot his class; showing thus early in life something
of that laborious research and indomitable ener
gy that characterized his maturer years. For
more than forty years In* was a member of this
Bar; aud at mi early age he was elected Solicitor
General ol this Circuit, and discharged th duties
of that office with distinguished ability. Ami at
the early age ot about forty-live lie obtained tbe
highest honors of liis profession, in this State, by
being elected Judge of the Supreme Court* and in
that high tribunal he served with great distinc
tion lor tho full term of six years. Iu the Geor
gia Reports may be found the result of his la
bors as a Judge. That part of hia life’s record has
been made up, and there it will stand, lorever!
To that record his friends point the present and
coming generations, as ••foot-prints on the sands
of time," for information as to his ability and
character as a Judge.
11* resided in this city ami was a member of
this Bar for more thau forty years; and some ot
us have known him all the way along through
these years, from the beginning to the ending ot
his professional career. Asa lawyer, ho hail but
few equals. To his profession, he consecrated
all the labors and energies of his life. His great
success was the result of careful, patient and in
cessant, labor. For success iu his prolessiou lie
sacrificed everything else, except honor. Neither
social pleasures, nor family ties, nor personal in
terests. were sufficient. t*> seduce him lrom the
supreme bustness of his life—to gain renown as a
lawyer. Iu this he was successiul, for he was a
great, lawyer aud had but few superiors. liis great
superiority over others consisted in thorough
preparation. The order of his mind was neither
quick nor brilliant. He was not what the world
usually calls a brilliant, or captivating popular
orator. But before a Court und jury, his clear
statements oi facts, his solid logic, and earnest
ness of style, combined with his own convictions
ot right, roiidi red him almost irresistible. His
style us au orator was all his own. lie imitated
nobody. Ho borrowed lrom nobody; to all the
borrowed aits and graces or oratory lie was
totally indifferent. In his addresses lie seemed
to have no thought of himself, or of his style.
His whole energies wore concsntrated upon the
subject in hand. He was cool, deliberate, clear
in statement, holiest in biH own convictions ol
right, sternly logical, always in earnest, aud at
times, vehement, and truly eloquent.
But there was un interregnum in his profes
sional lit**, l'oi tour years liis brieis wore all
laid aidde, aud the sword was substituted in thoir
place. When the war commenced he had scarcely
over drawn a sword or shouldered a musket, lie
was among the first to volunteer; aud among the
last to surrender at the ’‘peach tree.” First a
private; then a Colonel; and b fore the final sur
render he was a Brigadier General. Whilst a
sol lit r his whole energies w ove consecrated to the
work before him. Ho went to the front to Jiyht!
His convictions, that he waa fighting for a just
cause, were strong ami irreversible, and hi
staked his life amt liis fortune on tho result
liis life was spared, but liis fortune was lost. His
blood was freely shod; but his wounds were all in
front. Soldiers' loved him, because he was brave;
'officer* respected him. because ho was vigilant,
and just, and true to duty; the world admired
and applauded him, because he was ready to sac
rifice life and fortune in what he deemed a just
cause! And finally, with liis honor all bright and
untarnished, bh a soldier, he laid aside the sword
and again took up his briefs!
Forty years a lawyer and member of this Bar!
And who’ during all'these years have been liis co
temporaries aud competitors? Who arc these
with whom he has associated and wrestled aud
contended; and where are they to-day? i speak
only of the dead ! Thirty of them went bcion
him. He had mingled with them iu these halls;
j and, one by one, they liav*- passed away, and lie,
in his turn, has followed them. And these arc
their names, an 1 remember them:
; Win. Dougherty, Seaborn Jones, Walter T. Col
| quitt, Alfred Iverson, G. K. Thomas, Joseph
j Sturgis, K. B. Ahxrmler, M. J. Wellborn, Hines
Holt. Wiley Williams. S. A. Bailey, I\ T. Schley.
William L.‘Jeter. John Schley, A. H. Cooper. A.
i MeDougnld, John A. Jones. C. J. Williams. Thus.
Watson, J. M.Guerry, J. N Ramsey, W. P. Ram
sey. P. H. Colquitt. Seaborn Henning, W. N.
Hutchins. D. Golightly, It. L. Panthers, It. W.
Denton. Josephus Kefi.de, W. B. Pryor, J. A.
Campbell.
Many of these were eminent nu n in their day
and able lawyers. I have known them ail, and
among them all, in my judgment, General Ben
nino had no peer as a lawyer. Home of us have
seen ail these thirty, now (hud, *" they passed
over the stage wlii st living. All these we have
seen, in life, contending, in ii.tellei tual strifes,
with our friend. Henry L. IGnmno We have
Hi-eu them, ill the midst of social enjoyment, ill
high debate, in sparkling lmni*r and moving
eloquence; as well us ill tin bitter repartes. en
gendered by lb*-antagonistic int’-rests represent
ed by them. This procession of the dead wo have
witnessed. But “dust unto dust.” was the decree;
and the thirty died; and at la t our friend died
ulh*.. The attorneys with their clients. Judges
ead jurors, witnesses and officers ol' Court, all
have gone down to the dust t"geth< r, and tin
poor worldly goods, about which they contended,
have perished with the litigants;all, all together,
are but dust!
But there are thirty others of us still living;
and as wo have seen tho procession of the dead,
so aro we just as surely organized, and are mov
ing on. and on, to the same destination; but the
order of this procession—who first and who lust
in it—thank God, is hiddi n from our eyes; That
curtain we would not raise, if we could!
A monument, would you erect to the memory
of General Bennino? Brass is not durabh
enough, marble not white enough! Let tbesterl
ing tra'ts of liis character, as stamp'd upon the
memory of his countrymen, stand as liis monu
ment. Truth, integrity, courage, moral and
physical; unimpeachable veracity, honor and
honesty untarnished! All these were eminently
his;anil these will endure forever! and let them
I stand as an imperishable monument to the mem
| ory of an honest man /
Judge Jos. F. Poll delivered the follow
ing eloquent address:
May it please your Honor: I am not willing,
could not be willing longer to retain my seat,
thus voluntarily to be shut off from the privilege
of adding the sanction of my poor approval to the
resolutions which have been read In our hearing,
sud which so fitly ami worthily epitomize the life,
character, and services of General Bennino.
The circumstances of our meeting, and the ded
ication of this hour affords us a most melancholy
pleasure. The service for the performance of
which we sit to-day, is of a nature at once, so sad,
so solemn, and yet in its rendering so grateful to
our hearts, that we highly esteem it us a privi
lege, for we in no wise tie. ept it as a burden. We
are not here to enact a meaningless ami a studied
form. We are not here to make a vain display of
counterfeited passion. We are here, sud we ded
icate this solemn hour, to recognize in its great
est extent our professional affliction, to endeavor
to realize iu its fullest force, our sense of having
been recently touched in our inmost hearts, and
to permit an ‘unobstructed vibration of tbecordu
which awake in us the liveliest appreciation of all
that is true ami manly, aud generous, and noble.
There are those here to-day who have known
the deceased much longer than I. There are
I those here to-day, your Honor among the num
i her, who, nearer*hi* own age, thrown with him
more arid oftener in the events of life, bound
more closely by the ties of life-long association,
connection and matured friendship, received from
him. doubtless to a fuller and more particular e.x
--! tent, the sacred trusts of the secrets of his soul,
I But, sir, there is no one here, nor elsewhere, no
man within the entire range and circle of Gene
ral Henning's acquaintance, or his lame, who en
tertained for him a deeper respect, or who (par
dun me for the saying) took a more careful and
unobstructed view of that whole arena of excel
lencies which exhibited him as a man formed in
Nature’s finest mould, and with all of Nature’s
most lavish prodigality.
It was a saying among the Ancients—a maxim
transmitted to us through the now unspoken Ro
man tongue—that we should speak nothing of the
dead except what was good. Asa benefit to the
living the maxim is wrong in its theory, unwise
us a custom, subversive of one of the main ends,
and many of tbe highest objects of human life.
Nay. sir. let that be spoken of a man after liis
death which truly describes him , which truly
notes the effect und consequence of his life.
• Speak of him as he was—nothing extenuate, nor
set down aught in malice,” but speak not with
bated breath, because forsooth he rests beneath
the sod. Apply, in all the elements of life and
character, that tost to General Bennino. and
what had his good name to fear? In moral excel
lence, in the best, the highest attributes of a no
ble manhood, he towered above the surrounding
multitude, like Haul above the surrounding hosts
of Israel, like Mount Chimborazo above the high
est sister peaks of the Andes. We could say that
Henry L Bennino was an honest man, could as
sert that he was an incorruptible man, could
truthfully state that hi* truthfulness drew paral
lel lines with truth itself, could affirm, borne
out in the statement by the whole record and by
all the facts of bis life, tout the spotless purity of
his character was even as the snow-cloud, still in
the upper heavens, before its contaminating touch
of an earthly atmosphere. And yet, when we
shall have said all this, we find oar bos .ru still
laboring with some struggling and unspoken sen
timent. We span with a single arch the stream
we’ve been striving to cross, and we say Henry
L Bennino died as he had lived, a grand old
man! Yes, grand in the very simplicity of his
grandeur.
When in his place at the bar. or from the hust
ings, it was Bennino'* to uphold and advance the
cause of right.
The foe might descry, in the glance of his eye,
The light that once blazed upon Diowed’s crest.
When under like circumstances, and with char
acteristic force and power, he denounced tho
wrong.
The eloquent blood
Spoke in his cheeks, and so divinely wrought,
That one could almost say liis body thought.
But now he is gone—paused a*ay; Lis varan
seat is before u, but he’s gone.
A spirit that went out, but left
Upon the momitein tops of derth
A light that made them lovely.
How well do I remember, how well must others
remember, a slight circumstance which, but a
court or two ago, transpired within these very
walls, aud which illustrates the man. It made a
deep impression on mo, aud doubtless impressed
others likewise; for as an exhibition of true
manliness, it was a model and a copy that all
may ‘’grapple to their souls with hooks of steel,"
aud wear it on their hearts forever. On an occa
sion of dispute on a matter of business, or on
some accidental disturbance, General Bennino
applied to anothor old, und eminent, and honored
member of this bar, who now sits within thfi
sound of my voice ami can attest the facts, lan
guage harsh, angry, and insulting. It sprung
from the moment; it went with the moment; it
was not noticed by the multitude, but only by
those of us whose position was adjacent, and who
saw, oven before the adjournment of the court,
that upon mutual explanation all was sntisthi to
ry between the gentlemen. But this did not sat
isty General Bennino; it did not fill the measure
ot his sense of duty. Ho when the court adjourn
ed. and the multitude was moving toward those
doors (for it was a court clay of unusual interest,
attracting a greater than the usual number of
spectators), with a wave of his hand, and in those
tones accustomed to command attention and re
spect, lie said; "To-day, in the heat of passion,
aud under u misapprehension ol the real facts,
I used to,” "language ugly, angry, in
sulting-under the circumstances highly unjust.
I desire here, as publicly, more publicly than the
words were spoken, to retract and withdraw them
all."
'Tin sail that the King can do no wrong: and as a
maxim of law and history, ’tia looked to as a Bow
er of truth, transplanted hero from the land of
kings. Elegant idea; beautiful theory; grandilo
quent fiction; fairy dream ol fanciful perfection;
and yet how false, how sadly false in fact. The
King can and does do grievous wrong. Tbe King
subverts tho power the people gave him for their
own good, into purposes tbe basest, the most un
worthy, the most corrupt.
The king uses that kingly power which sprang
from the people ns its source, for the base pur
pose of the people's oppression—lor the baser
purpose of hiß own personal and moral degrada
tion. The king offtimes, to gratify a wounded
pride, if not to advance the schemes of a vaulting
ambition, brings war and violence, and famine,
bloodshed, aud blazing ruin, where he found hap
piness, contentment, prosperity, plenty, and the
ruling arts of peace. But here was a Kiug in
deed—one who. while determined to do another
the justice to inflict n-> wrong upon him, was so
much determined to do himself the justice to re
main no longer under the imputation of having
done a wrong; Nature's prince—a King, around
whose manly brow, Nature's gentle ami apprecia
tive hand fiad twined u wreath and crown of
purest gold, hail placed him out in society saying
to him, REIGN THOU AMONG THY FELLOWS.
As an attorney and advocate, open, candid,
fair. Asa jurist, spotless, impartial. Asa war
rior and patriot, brave, true, disinterested, sin
cere. Asa citizen and man—God's noblest work.
But he is gone, and at least wo may say—" we
shall not often look upon his like again."
Well do 1 remember the last time I looked up
on the pallid, careworn, but noble lace of the old
hero. 'Twas on the Friday morning of the night
•fills death, wb n at the moetiug of the Court it
whs announced to the sorrow of all that Gen.
Penning had been taken suddenly quite ill. 1
had the honor, with other gentlemen, to be as
sociated with him in an important case, on which
he had spent the small hours of that very morn
ing. preparing a brief, and which it was expected
he would argue. At the suggestion of associates,
I repaired to the store where the General was
receiving tire kind-attentions of the proprietor
and other friends. It was stated to him that we
did not deem it prudent for him to attempt an
argument that day—that the Court could doubt
it kh be adjourned until Monday morning, when
he could be heard. In atone of pain ami weak
ness, he replied, "No, Pmi. for two or three hours
at hast 1 cannot come.” Two or three hours
at least! How many hours, and days,
and weeks, and months, have passed, and
why does ho yet delay ? Alas, how little did the
old hero think perhaps how little certainly did 1
think, that before tbe rising of the morrsw's sun,
lie was to appear, not at this, but ut that eternal
bar, to which must be rendered au account ot all
things earthly. The Court adjourned until Mon
day, and doubting not that the GENERAL would
then be iu his accustomed place, 1 took advantage
ol'tlie occasion to visit friends iu the country.
1 here, entoff from direct communication with
tiie city—hearing nothing—and seeing no one
lrom tho city ---1 did not hoar of the General’s
death until the morning of liis burial. A note
written on other business stated that "General
Bennino died on Saturday morning at 3 o'clock
and would lie buried Sunday morning utD." 1
was shocked and astonish' ii. ihe plans of the
day, which were to return that afternoon were
quickly reconsidered, and we made ail practicable
speed to get hero in time for the fuueral Me
came into the city by an unaccustomed route
going by the cemetery—hoi'ing that the delay in
. id< ut to tue great gathering ot the people on
such an occasion, would enable us at least to
intercept and Join the caravan marching with
quiet, mournful tread to the sound of muffied
drum, bearing the old chieftain to the "pale
realms of shade." to place him in Ins "silent
chamber," in death’s halls -but we were too lute.
When within a few hundred yards of the enclos
ure we heurd the volleys of musketry that were
fired over the grave, and which ns they echoed
and re-echoed in tbe woods around us. told that
all was over On we urged, and arriving at the
gate of the enclosure, wo saw the multitude dis
persing—the procession broken—that the >nan
indeed, had "gone to liis long home,” and that
"moiirneiH were going about the streets." An
association of ideas caused mu to think of the
couplet,
They carved not a line, they raised not a stone,
But they left him alone in his glory;
and by a natural transition oi thought, 1 was re
minded that
li sleeps his lust sleep, he has fought hi* last bat
tle.
No sound ran awake him to glory again.
And then from out of the darkues* and the des
olation gleam' and a ray, and I said within my soul,
yes there is a Bound which can wuko him to
glory again—a sound which must awake him to
glory again -a Hound which will awake him to
glory again. ‘Tin tho voice of the Great Creator,
the voice of his Master, that speaks not in the
earthquake, the whirlwind, nor the storm; but in
a voice "still and small." And to his sublimated
spirit, standing disencumbered of ita earthly
burden, does not that voice whisper—because
you have been so true, because you have been so
magnanimous, because you have been so humane,
so char table in word and action, because you
have exhibited so many of the best, the highest,
the noblest traits of human character, the ex
ample you leave behind is at least u "cup of cold
water," givsu in My name and in the name of that
Christianity, wnich without professing you have
not failed to practice in many of Its highest types.
May we not be solaced too, by the reasonable,
comfortable hope, that when tho accusing spiri
has been wont to fly up to Heaven’s chancery
with the daily record of Denning’s faults, imper
fections, infirmities, and frailties, he would hluth,
as according to the mandates of stern duty, he
must render in un account of evil against such
a man; and that the recording Angel, as lie wrote
tin m down, was accustomed to drop upon the
page whole floods of tears aud blot it out from the
eternal remembrance forever.
CoI.J.M. Ruhkoll followed Judge Poll,
and spoke in nubstance as follows:
That ho had hoped until this morning
when lx* saw his name in the papers, that
he would he allowed to spend this memo
rial occasion in silence banqueting on the
rich memories of his lost and beloved
brother prepared by others, and without
furnishing: anything for the repast him
self.
That a student applied to an anciont and
celebrated select school of philosophy for
admission. The professor answered his
application by presenting a plans full to
overflowing with water so that it would
hold not one drop more. Tho student
promptly plucked a rose leaf from a flow
er convenient and placed it on top of the
water, showing that it would hold a rose
leaf more.
If he could add but a rose leaf to the
cup full to overflowing with heart-felt elo
quence-hut a single (lower to the garland
of sympathy so tastefully woven to the
memory of’his distinguished friend and
lost brother by the committee, it would be
all he could attempt and more than he
could satisfactorily perform.
Gen. Henning was a profound student
and thoroughly conversant with constitu
tional law arid liberty. He understood the
history of tire early Republics of wtrich
we have an accur ate knowledge and knew
tire history of thoir riser and downfall.
JJernago’gisrrr was the leading cause and
demagogues Gmi. Henning despised, lfe
had none of their wiles and tr icks and
countenanced none in others. But two
classes of animals in the world could at
tain the hights of the Egyptian pyramids
—the eagle and the serpent. So In the po
litical world but two classes of individuals
could attain the heights of fame—the dem
agogue and the statesman. The dema
gogue appropriately coni pared to the ser
pent contorting Its flexible body into an
hundred shapes in winding its slimy way
through the crevices and cavities of the
monument until its summit is atttained,
when, hanging from its lofty height, it
hisses at nobler men below.
Illustrated by the Roman, Catiline, and
a rich harvest of smaller creatures evolv
ed by tho late war, like scum thrown to
tho surface of agitated waters, while, in
the language of Junius, "heavier bodies
sank to the bottom.” The statesman com
pared to the eagle rising on expanded
wings and with a swoop of its broad pin
ions In open sunlight, proudly perching
there. Fitly illustrated in the character,
life and services of our deceased brother,
who fell with years and civil aud military
honors, and tottering on the verge of tho
tomb, threw back upon tho memories of
his life a flood of light and legal learning,
like the sun sinking in the West at even
ing gilds with beams ol golden beauty
the Eastern mountains.
Gon. Bennino beliovorl in the right of
secession, and was n State Rights man
of tho old school. Ho believed as llrmly
as he believed in his own existence,
that the cause of States Rights was the
cause of constitutional liberty; that if tho
checks which tho Stub's hold on the Fed
eral Government were torn loose tills
Republic would run into a despotism,lor,
what is worse, anarchy. The thought that
our Northern sisters were seeking to cut
looso tho cheeks held by the South, and
when remonstrances were vain, tie appeal
ed to arms. He did not say “go,” but “fol
low,” though unacquainted with military
“red,” through tho whole war. When the
war ended he applied himself uncomplain
ingly to hie business—accepted the situa
tion. He advised his countrymen to go to
work and build up tho waste places, and
endeavor to restore our old Constitution
and constitutional liberty when tire mad
ness of tho hour had passed.
Mr. Russell said that in ail countries and
in all ages it had been customary to com
memorate the deeds of illustrious men aud
illustrious events. This sentiment, uni
versal In human nature, was beautifully
illustrated in the classics. In the last week
his little daughter was reading her lesson
in Virgil, and she had advanced where
.Eneas, from rank showers of blood arid
the red glare of blazing roofs, escaped
from Troy, and being tossed about by land
and sea for many years, found himself,af
ter shipwreck, enveloped in a cloud by his
goddess mother and in the streets of an
cient Carthage. Ho then saw the Trojan
battles, “nmgna pars fui,” arranged in or
der and painted on the walls. Hector,
Achilles, and Priam holding up his feeble
hands, showing that even strangers, in a
strango land, did homage to valorous
deeds; that but. few year's would elapse
before marble could not be found white
enough on which to inscribe tier deeds of
the Confederate dead, among whom Gen.
Banning was a chief.
'The most exquisite touches of the
painter could not exaggerate on glowing
canvas the battle scenes through which
they had passed, and a greater than l’he
ndstoeles would tie required to recount
the glories that cluster around tho mem
ories of those who surpassed, because
they so often repeated, the valor of
the Greeks of Marathon.
But “life’s titful fever is o’er” with our
brother and wo are left to mourn.
“Honor, duty, youth, beauty- what are ye?
Harks that float lightly on life's rapid
stream,
Wash’d ever and anon by sorrow’s wave,
Then wreck’d on that most certain shoal,
The gravel"
A number of our fair ladies have graced
this occasion. 'Tire Jewish women wore
once ill captivity for seventy years—you
not so long. They sat down by the waters
of Babylon and wept, and hung their
harps upon the willows and sang the songs
of Zion. God raised up old Nernehiah and
he got permission to rebuild tho walls of
Jerusalem. He was a good political econ
omist and instituted a diversion of labor.
He told every nran and woman to go to
work; the sword in one hand and the trow
el in the other; to go to work in earnest
aud opposite thoir own house. They did
go to work and rebuilt tho walls and then
another temple which was more magnifi
cent. than tho first.
The passions of ten years ago are dying
away and becoming matters of history.
Ret ns be encouraged by the example of
Henry L. Henning, and keep steadily at
work. The cause of constitutional liberty,
for which ho fought, will fie studied by our
Northern brethren, and it is to be hoped
that we may yet rebuild, with Northern
aid, a second Constitution, with safeguards
to liberty, and more magnificent
ttian the ilrst. Then it will be seen that
Iris illustrious life and labors will not have
been in vain.
G. E. Thomas, Esq., ably represented the
vounger members of the Bar, and paid the
following just tribute to General Henning:
May It please your honor: while others
are paying their tributes to the memory
of our noble Brother, it is but lit that the
younger members of tho Bar should lay
their offering upon the ministers of this
meeting. To mo, unexpectedly, has been
assigned that duty.
“Oh when the heart is full 1 Widen burn
ing thoughts come crowding thickly up
for utterance. Then the poor common
words of courtesy aro such a very mock
ery."
1 say, “when the heart is full,” because
when I look around and see over there the
faces of those who were with him where
the shot fell the tickest. When I hark
there and see his faithful servant who has
conre to do his memory reverence and cast
ing my eye further around, I see so many
of our citizens who as a community are
present, especially so many of our noble
women—a sight! have never beheld on
any similar occasion—it brings soiforoibly
to mind the open, frank countenance, tho
mild and pleasant gray eyes, the noble,
manly brow and form of him who once
sat there, my heart is so full that X feel
inadequate to express a lifting tribute to
one so dear to us all. Therefore I shall
endeavor only to give an outline of his
character as presented to us younger
members of tiro Bar.
Asa lawyer and jurist he had the ap
pearance of one in search of hidden treas
ure tic: truth, and he sought it night and
day, and when he appeared before a jury
he was armed at every point with the law
and found his side with an impregnable
wall of facts. In argument he was not an
experienced and crafty swordsman to
parry blows and thrust Iris antagonist at
some unrecorded monument—but when
his antagonist presented an issue of law
or facts, he brought his mighty intellect
to bear upon rather like a blow from a
ponderous hammer, and if it was not gold
it crumbled, if it was-not truth it was
broken.
The brother just, proceeding me has re
marked that the whole Confederacy
moaned his loss. I will go further, and
say that his loss is not alone felt in the
Confederacy. For when the issues of war
had decided the fate of the Confederacy,
ho put forth his every effort for the bone
lit of the whole country and his heart was
trig enough to embrace it, and his loss is
felt to-day from one end of our nation to
the other, and thoy would all rise to do
honor to his memory.
Such is tho character of the man, my
young bretheren that we are now paying
our last tribute of respect. What are wo
doing to tit ourselves to tako the places of
those who have gone before us? You
have hoard our brother Ingram read the
Roll of tire Head. It seems to me that the
place on which we stand is hallowed and
that the spirits of the illustrious dead
were present to do honor to the occasion.
Let us hero on this occasion rededicate
ourselves to our profession and put forth
every exertion to fit ourselves for the
Bench, the Bar, tho Halls of Legisla
tion ; yea even to tako our arms if need be
in defence of our noble land in emulation
of the illustrious example of ITenby L.
Henning. "F’orlie is freedom’s now, and
fames orro of the few 1 the immortal names
that were not born to die.”
Capt. C. It. Russell spoke in endorse
ment of the resolutions, and made use of
tire following remarks:
*|May it please your Honor; The able and
eloquent gentlemen who have preceded
me have left but little for me to say, but
my love for Geneiiax, Henning is too
strong to permit the Court to adjourn with
out my rising to express my hearty as
sents to tho resolutions. Their liberal
views are worthy of the great and good
man whose virtues and fame we seek to
commemorate. It is truo he has passed
away from earth and our blame or cen
sure is nothing to him now. The most
eloquent eulogies that human lips can
utter, and the loftiest monuments that
human hands can build, cannot affect
him now. Hut it Is consoling to us to
Know that a general expression of love for
him which lives in every Georgian’s and
Southerner’s heart wore heard long before
liis death, and that honor shod noble
lustre around the last years of his lifo.
lie was a representative man,and one of the
representative men of our lost cause. But
he sheathed his sword before his death.
The resolutions need no support which
human lips can by human languago give.
Their subject Is tneir support. The name
of Henry L. Henning appeals at once,
and strongly to every true heart in this
Southern land. Lot political partisans
Influenced by fanaticism ami the hope of
political plunder. And fault with and
condemn us. They will be forgotten
whou the name of Henry L Henning will
bo resplendent with immortal glory.
May it please your Honor, in the course
of nature my career upon earth must
terminate. God grunt that when the
hour of my death comes, I may look up to
Heaven with that confidence which the
life ami character of Genkhap Henning
gave him. He died a good man, with a
good life a pure conscience. May It please
your Honor, I have no other remark to
make upon lire occasion.
Col. J. M. Russell road a beautiful letter
from Hon. 11. \V. Hilliard in relation to
tiro death of General Benning. It was
a beautiful production and well worthy of
publication, but wo have been unable to
get hold of it.
Maj. It. J Moses concluded the occasion
with a beautiful speech, and an affecting
tribute to tho memory of Ills lllustrous
friend. Ho in the course of his remarks
said:
May it please your Honor, my Brethren
of the Bar, and you, my fellow citizens:
The incident so gracefully referred to by
my brother I'ou, to which I was a party,
has so touched my feelings, that I almost
wish I had taken tho precaution Ur write
out my response to the resolutions, for I
fear that my heart is too full to trust to its
emotions lest my manhood should fail me.
Tho report of the venerable Chairman,
informing us that the deceased had a long
line of noble ancestry. Tho record of his
life teaches us that had ho had no distin
guished progenitors,his descendants would
never have to trace their lineage farther
back than the deceased to show that they
had sprung from honorable loins, and
proud may ho bo whose closing hours can
unfold such a record as that which is left
by Henry L. Benning.
The lessons of Iris life aro a rich inheri
tance, not only to his immediate family,
but to all who survive him. Lot us not
mourn
—“For him who having newly won
The bound of man’s appointed years, at
last;
Life’s pleasures ail enjoyed, life’s labors
done—
Serenely to his Anal rest has has passed,
While" the soft memory of virtues, yet,
Lingers like twilight huso, who tho
bright suu is set."
We are here to-day to offer our earnest
and heartfelt tribute of respect and affec
tion to the memory of our departed
brother. Wo aro here to show to you, tho
younger Members of the Bar, the value of
a noble life, und to teach you, that when
life’s iltful fever is over iu estimating
character, wealth is as tlr* drop of metals,
and that virtue and integrity represent
the true value of life. This is all the
grave, cannot cover. Character, good or
evil, survives the dead and leaves its im
press on the living. We are here to teach
this lesson, and how could it be more in
delibly Impressed than by thi! surround
ings under which it Is given?
Look at this intelligent auditory. When
before has this hall been so tilled with a
commingling of intellect, virtue and ro
ll nement ? Look upon the cheek of beauty,
and behold the emotional tears trickling
in quick succession, silent messengers of
love to the hero dust which lies iu yonder
tomb. You, my aged associates, whose
course is nearly run, iind consolation In
this scone. And you, my younger brotheru,
who are just entering on the threshold of
your profession, what sharper spar does
your vaulting ambition need than the
prospect of an ovation like to this when
your cancer is closed. In this respect,
may it please your Honor, in this alone
there is wisdom in the custom of inform
ing the Court of the death of an eminent
member of tiro profession. It is well to give
this public expression to the feelings of
those who survive. It places on record
tho prominent traits of character by which
eminence Is achieved, and offers an ex
ample to those whoso walks are the same.
Save fur this purpose, why should wo in
form the Court that Henry L. Henning.
the best beloved, and most distinguished
Member of tho Bar in our Circuit, has.
since tiro last session of the Court, passed
from earth as full of honors as years?
Alas 1 you know tne fact full well How
oiten during this term of the Court have
you looked in vain at yonder vacant seat,
and failed to meet the recognition you
have sought, tho knoly eyo, tiro broad ex
pansive and intellectual brow, the Ann set
mouth, indicating indomitable will, the
Humosthenian head that crowned tho
manly form of our departed brother. All,
all is gone. We know that the casket is
buried in yonder grave-yard, but where is
the immortal spirit that controlled its be
ing? Who knows? Not I nor you, nor
any one on earth. We hope, believe and
trust thatoven now it is in the full enjoy
ment of its eternal reward. We know the
life of tins deceased, we know that his
place is vacant, and 1 know that if 1 had
tho power and determine, it should re
main vacant and never be desecrated by
mortal man, until sornejyoung jmember of
the Bar, profiting by the lesson taught by
tire lifo of the deceased, shall reach the al
titude which ho attained. To fill that va
cant place is worthy uny man’s ambition.
After the remarks by which I have been
preceded, it is unneccessary lor one to re
hearse tire incidents of the life of the de
ceased, I will merely say, that as a citizen
soldier and jurist, Henry L. Henning had
reached the pinnacle of fame.
Asa citizen, he was distinguished for
his manly virtues, courageous, charitable,
guiliess and sympathetic. In the language
of 001. jlngraam. “he combined the force
of a giant with tlio gentleness of a child.”
Asa soldier, his courage and his patriot
ism were co-equal, and—each —all that his
country could ask or hope for.
Asa jurist, he was pure as
the emblematical ermine, and just
as the goddess whose minister
ho was. In all ttn walks of lifo
Henry L. Benning illustrated man’s
full and perfect measure, and we who have
chosen the profession of the law, may
congratulate ourselves that the deceased
lived to reflect upon it tho honor of his
life. Eulogy can add nothing to his mem
ory. The record of his life is a part of
the proud history of our Commonwealth.
His end was sudden and peaceful. He
is mourned by countless friends, not only
here, but wherever he was known—and
that knowledge was limited by a nation’s
bounds. He diod as I think he would have
chosen to die, had ho had tho power to
choose. In tho discharge of his profes
sional duties, he was on his way to tiro
Court House, prepared to argue an
important question, when stricken by the
shaft of death. He never rallied from the
blow, but into his eternal slumber at
peace with God and man. Let us estimate
his example, and so live that when our
sun has set, its reflected rays will leave
nuch a line of light along tho paths we
tread.
Would that it had pleased Almighty God
to spare the deceased longer to our com
panionship, but It has been decreed other
wise, and who is there here who dares to
doubt tiro wisdom and justice of omnipo
tence because the hidden purposes of the
Divine hand are beyond Iris comprehen
sion? Not I! l bowin humble submission
to the Decree. Then—
“ Let us rejoice that he has livod thus long;
Mourn not that ho has gone to his re
ward,
Nor deem that nature did him wrong,
Softly to disengage tho vital chord.
For when his hand grew weak, and his eye
Dark with tho mists of age, it was his time
to die.”
I move the adoption of the resolutions.
Judge M. J. Crawford in behalf of
NO. 27 r
tho Court read the following beautiful
tribute to General Benning;
In response to what, has been said of the
life and character of Gen. 11. L. Henning,
I will say that I have known birr, for about
forty years, ami for nearly thirty years
of that time I was In the closest personal,
political ami social relations with him. In
all those years 1 nover know him do an
act or give utterance to one thought which
was unbecoming a gentleman. It always
seemed to me that nature made him in" a
mould (lint rendered him incompetent and
incapable of an unworthy act. His very
presence Inspired one with confidence in
his Integrity; and If that were so, how
much more wonderfully did ho win upon
you when you listened to the expressions
of his mind, which were always truthful,
noble and sincere! He was freer from
guile anil insincerity than any man I ever
knew. Perhaps In some respects it had
been bettor fur him that he should have
been loss frank than he was; but in his
own great heart ho wo*ld havo dospised
himself had he felt that he could be guilty
of insincerity or deceit. In every thing
which ho undertook he devoted himself
with hereto earnestness and energy.
From the day he entered college to the day
he fell, worn by exhaustive and profes
sional toil, on his way to this Court-room,
he had most arduously pursued the busi
ness of tho hour. At college ho sought
the honors of his class; he gave up every
thing save this, and with all tho energy of
his character ho struggled with tho bright
minds of his fellows until tho triumph
came. Then he commenced tho study of
thi! law, and with the exception of four
years the remainder of his life was given
up to that. But few of those whom I now
see around me know anything of tho long,
earnest, laborious year s ho gavo to his
profession. Ho sought Its honors, ami
with all the earnestness of his nature he
bent himself to the accomplishment of his
great object. Ho gavo too much for them
—ho gave up many hours of domestic
happiness which ho should have enjoyed.
Life is too short and honors too empty to
weigh them in such a scale. Hut ho had
his object, and with a purpose unchange
able he gave himself to its accomplish
ment. The highest honors in his profes
sion which his State could give him, ho
attained, and tho ermine fell upon him.
With that same earnest, self-saoriilcing
spirit he gave up all olse, that ho might
with fidelity discharge lus trust. How
well ho did it, let Ids decisions speak.
When the groat struggle betweon the
States came, ho, more than anything which
he had ever desired, wished for tlie inde
pendence of the South. This desire was
so earnest and so thorough, that with all
his soul and mind ho threw himself imme
diately in front of tho foe, and, with a de
termination to do and dare all that one
man could to accomplish his object, he
stood until tho overwhelming tide of war
rolled over our armies and left scarcely
men enough to provide food arid shelter
for the widows and the orphans which it
Imd made. And then, when he saw the
flag go down, he turned himself toward
his stricken home, and from that day ho
was no more himself. Soon anothor blow
fell upon him with more crushing weight
than Iris last summons—and that was tho
calling of his lovely wife from earth to
Heaven. From these sad scenes he nover
rallied except to duty; this he observed
and kept until worn down by tho heavy
tasks of life, und fell when none expected
it, after weeks of toil. It is a comfort to
me to know that his death was such as ho
wished, and that without tho usual agony
which precedes it, ho gently fell Into tho
quiet grave.
The earth has no such man now known
to me. Tho State should honor Itself by
rendering proper honors to Henry L.
Benning.
NEW YORK ITEMN.
New York, Nov. 20.—A special ca
ble to the Herald from London, says
the United States steamers Franklin,
Alaska and Juniatta, have arrived at
Villa, France, from Naples.
A Herald Special from Thoinaston,
Connecticut, saj's Bunnell, the de
tective, has returned from liis search
in Connecticut for Charley Boss. Ho
believes ho lias seen Charley Ross.
He says the woman who had him al
ways dresses tho child in girl’s
clothes when passing through a
town. Says the ehilds’ eyes are dark
brown; he could not be mistaken.
Ho followed the pair all day, but
having a poor horse, was compelled
to return. He will catch her to-day,
aud bring her to the telegraph sta
tion.
A special from Trenton, New Jer
sey, says a prize light for S2OO a side,
between Win. Walker and James
Wheodon, took place about three
hundred miles from Philadelphia, in
tho State of Delaware, yesterday
morning. Tho party were from Phil
adelphia and were conveyed to tho
lighting ground in a steam tug. The
contest lasted one hour and seven
teen minutes. Forty-one rounds were
fought. Walker hud the best of the
lighting to the tenth round, when he
began to waver, and in the forty-lirst
round he was knocked out of time.
Walker was badly punished. The
fight was a very scientific one. After
the contest tho party returned to
Philadelphia.
Charles B. Orvis and Dexter D. A.
Reid, two deulers in hardwares, oc
cupying a room at 52 Centre street,
have absconded, leaving debts be
hind them aggregating from $75,000
to SIOO,OOO. Orvis is said to be an old
swindler. He formerly operated in
Toronto, Canada, having au office in
King steet, and ostensibly dealt in
Kansas lands, but his real business
was advertising for clerks, whom he
invariably swindled. He played a
similar game in Chicago, and being
forced to leave, came to New York.
His first venture was in the hotel
line at Eighth street und Broadway,
whore he failed, with $20,000 in judg
ment against him. Reid was former
ly of Boston, where bo enjoyed first
class credit. Reid and Orvis swin
dled their creditors by selling goods
and pocketing the proceeds. Orvis
had received a number of consign
ments of Harwoods, from the West,
but was so slow in making returns,
that un investigation was made, the
result of which has been his abscond
ing. It is believed that both have
gone to San Francisco.
MONTGOMERY NEWS.
CASES CONTINUED.
Montgomery, Nov. 20.—1n the city
court yesterday, the Meads were dis
charged.
The Westley jury is still out. Ru
mor savs it is about equally divided.
Mr. Ed. Bowman, yard master of
tho Western Railroad, had his foot
badly mashed this morning in
switching off some cars. The wound
will lay him up some time.
Owing to the absence of Judge
Woods and illness of Judge Bruce, no
United States Court was held this
morning, and tho cases against Robt.
Woods and others of Columbus,
Ga., for violating Enforcement Acts,
was continued.
In the Probate Court, James Do
zier, administrator of tho estate of
Perry Dozier, deceased, has been or
dered to muke a final settlement, or
show cause why lie should not.
Pearsall vs. Pearsall, still continues
in the Chancery Court.
Tbe I-ate Ml.
Montgomery, Nov. 20.—From tho
latest advices it now appears that the
new Constitution will be ratified by
from 50,000 to 55,000 majority 1