PAMPHLET COLLECTION 
 Dt^KE UNfVERSrXY LIBRARY 
 
 Hon. POWHATAN ELLIS. 
 
 OF MISSISSIPPI. 
 
 Vu 
 
PERKINS LIBRiVRY 
 
 UuKc University 
 
 Kare Dooks 
 
HON. POWHATAN ELLIS. OF M188I88IPPL 
 
 We deem it not inappropriate to ask 
 the readers of the Messenger, to turn 
 for a time from the exciting events of 
 the day. and recall the memory of one 
 who. for many years, occupied a high 
 public position, and by his services, 
 his sense of justice and honor, his 
 patriotism, courtesy, .and dignified de- 
 portmerft. secured for himself the gen- 
 eral confidence and respect. Within the 
 last week, the Hon. Powhatan Ellis, of 
 Mississippi, has passed from the scenes 
 «f earth. He was a native of Amherst 
 county, Virginia, the youngest son of 
 the late Major .losiah Ellis, of Red 
 Hill, in that county, and died at the 
 former residence of his brother, the 
 late Mr. Charles Ellis, of this city, in 
 the seventy-fourth year of his age. 
 
 Leaving Washington College, Vir- 
 ginia, in a rebellion with some forty 
 other students, after having been there 
 three years, he went to Princeton. i\ew 
 Jersey, but being denied admission in 
 consequence of his rebellious with-' 
 drawal from I^xington, he proceeded 
 to Dickinson College. Pennsylvania, 
 where he graduated in September, 
 1810. His father having died a short 
 time previously, on his return to Am- 
 herst, he spent the winter at home, but 
 in the spring of 1811. went to Staun- 
 ton, to read law with Mr. .Jacob Kin- 
 ney, who had a class of six or eight 
 students under him. In the fall of 
 the same year, he went to Williams- 
 burg to attend the law lectures of Judge 
 William Nelson, remained there until 
 the ensuing spring, when he went to 
 Prince Edward Court-House to read 
 law. during the summer, with Mr. Hen- 
 ry E. Watkins. at the same time at- 
 tending in the clerk's ofllce. with the 
 view to acquaint himself with forms 
 and practice — returned to William and 
 Mary in the fall, and passed through 
 the second course of law lectures — 
 which for a short time previous to the 
 death of Judge Nelson, in March. 1813, 
 was conducted by Chancellor Rol>ert 
 Nelson, of Yorktown. Besides the law 
 course, he attended the political and 
 philosophical lectures of Hishop Madi- 
 son, president of the college. The pres- 
 
 ent Judge Richard H. Field, of Cul- 
 peper. and the Hon. John Nelson, of 
 Baltimore, afterwards Minister to Na- 
 ples, and Attorney-General of the Unit- 
 ed States, were his classmates and 
 messmates at William and Mary. At 
 the close of the law course. Judge 
 Field and himself were licensed to- 
 gether. Chancellor Nelson. Judge Hen- 
 ry Coulter, and Judge William H. Ca- 
 bell signing the license of each. Judge 
 Ellis went to Lynchburg to commence 
 his practice. He had been there but a 
 short time when the British threaten- 
 ing an attack on Richmond, the Gov- 
 ernor issued a proclamation, directing 
 volunteers to repair to the seat of gov- 
 ernment and report; whereupon, he 
 immediately sallied out. attended by 
 fife and drum, himself bearing a flag, 
 beating for recruits through the streets 
 of the town. A volunteer rifle company 
 had been before partially organized. 
 In twenty-four hours after the receipt 
 »of the proclamation, this company was 
 completely organized and equipped, 
 and was the first, from an equal dis- 
 tance, to report upon the Capital 
 Square. The officers were William 
 Radford. Captain; Samuel Anthony, 
 Lieutena-nt; Samuel J. Wiatt. Ensign. 
 Judge Ellis served as a private. The 
 company remained in Richmond until 
 discharged by the Eexecutive. On its 
 return to Lynchburg, a reorganization 
 took place; Samuel J. Wiatt being 
 elected Captain, Powhatan Ellis Lieu- 
 tenant, and Paulus A. E. Irving. En- 
 sign. On the 22d of June. 1814. they 
 were ordered into service. They im- 
 mediately repaired to Richmond, des- 
 cending James river in batteaux, and 
 were ordered to Norfolk. There they 
 remained until peace was proclaimed, 
 in February, 1815. The troops at Nor- 
 folk, under the command of Brigadier 
 General Peter B. Porter, numbered 
 about 1.3.000. Among thpm were six 
 or eight companies of riflemen, with a 
 separate encampment and separate line 
 of sentinels, attached to the regular 
 army, under Colonel John Pegram. and 
 intended to operate with artillery. 
 Circumstances threw the command of 
 
lion. PotthaUtn Elli$, of MixitiHsippi. 
 
 the Lynchburg company principally 
 upon Lif'iitenant Ellis, and the drills 
 were frequently attended by the gen- 
 eral and his staff. Such was his mili- 
 tary bearing and spirit on all occasions 
 that in January. ISlf), when the Legis- 
 lature determined to organize a State 
 corps, and for that purpose made choice 
 of Robert H. Taylor and Armlstead T. 
 Mason, as Major Generals, and John 
 H. Cocke. Charles F. Mercer. David 
 Campbell and John W. Oreen. as Brig- 
 adier Generals. General Taylor recoin- 
 mended Lieutenant Ellis to the Execu- 
 tive, in strong and handsome terms, for 
 for a commission as Major. 
 
 It has been ascertained that in Au- 
 gust. 1S14, when the British fleet ap- 
 peared in Lynhaven Ray. a council of 
 war was held on board the flag ship, 
 and an opinion given in favor of an at- 
 tack upon the troops near Norfolk. A<i- 
 miral Cochrane was himself opposed 
 to the attack, and after obtaining a re- 
 consideration of the advice given, ul- 
 timately weighed anchor, and went up 
 the Chesapeake to the attack of Wash- 
 ington and Baltimorp. The friends of 
 Judge Ellis have often heard him .^peak 
 of the disappointment of General Por- 
 ter's troops at this circumstance, and 
 their vehement indignation when they 
 heard of the vandalism of the enemy In 
 burning the Capitol and archives of 
 the nation. 
 
 After the war he resumed the prac- 
 tice of his profession in T.rynchl)urg. 
 and remained there until April, ISir,. 
 During that time he was promoted to 
 the captaincy of his favorite company 
 of rifles, the number and efficiency of 
 which were greatly increased by him. 
 He commanded it indeed with decuied 
 eclat. It was while he commanded 
 this company, in November. ISli"). that 
 Genera] Jackson passed through 
 Lynchliurg. on his journey from Ten 
 nessee to Washington; everywhere the 
 most disting\iished attentions were 
 shown him! no where was a more patri- 
 otic enthiisiasm evinced than in Lynch- 
 burg. The riflfs having gone out be- 
 yond the town to meet and escort him 
 as he came in from Rushy Forest, at- 
 tracted the marked attention and com- 
 pliment of the old hero, who rode on 
 horseback by the side of Mr. Jefferson 
 (both of them siiperb horsemen), and 
 Captain Ellis being one of the mana- 
 gers at the dinner given on that occa- 
 sion by the cori)oration. was standing 
 
 by Mr. Jefferson's chair, when Mr. Jef- 
 ferson gave the beautiful toast, which 
 has l)een so often quoted: "Honor and 
 gratitude to those who have filled the 
 measure of their country's honor." 
 
 Before leaving Williamsburg. Judge 
 Ellis had formed the plan of practic- 
 ing his profession about a year in Vir- 
 ginia, and then removing to the South- 
 west, most probably to Natchitoches, 
 in Louisiana. Early in 1816, General 
 Jackson passed through Lynchburg 
 i.gain. on his return home. In a con- 
 versation with him. Judge Ellis was 
 led to state his plan of leaving Vir- 
 ginia, when the General was kind 
 enough to manifest an interest in it, 
 proffering him his assistance, and giv- 
 ing him letters of introduction to some 
 of his acquaintances in the western, 
 country. Among those who were kind- 
 est in also furnishing him letters and 
 subsequently cheering him in his 
 course, was Wilson Cary Nicholas, 
 Governor of Virginia from 1814 to 1816. 
 
 In comi)any then with young Mose- 
 ley. a personal friend, and a son of 
 Gen. Will. am Moseley, of Bedford, at 
 one time Treasurer of the Common- 
 wealth, and father-in-law of his old 
 captain. William Radford, he started 
 in .\pril. 1816. to seek his fortunes in 
 the valley of the Mississippi. Travel- 
 ing on horseback, they rode first into 
 Kentucky, through Abingdon, as far 
 as Beane's SUition — turned then to the 
 Crab Orchard, and visited Stanford, 
 Danville, and I^exington. In Lexing- 
 ton they were jointed by William C. 
 Breston (who had been a student with 
 him at Washington College), and by 
 two sons of Patrick Henry — John and 
 Winston — one of whom had been with 
 him at the same college, and the other 
 with his elder brother Thomas, at 
 Hampden Sydney. These sons of Mr. 
 Henry were distantly related to him; 
 their mother being a Shelton, and his 
 mother. Jane Shelton, the daughter of 
 Richard, who was a cousin of Mrs. 
 Henry, and both descended from tnat 
 ( aptain Shelton, of the Royal Navy, 
 whose ship, the "Coronation." compos- 
 ing a part of the grand fleet assembled 
 by the English. Sj^anish and Dutch, 
 under Admiral Russell, to meet the 
 French under Count Tourville, foun- 
 dered at sea, in a violent equinoctial 
 storm off Plymouth, in 1691, when iie 
 and all his company except a very in- 
 considerable number perished. 
 
lion. Powhitnn Ellis ^ of Mississippi. 
 
 These young men rode together to 
 Corydon, in Illinois, where the Terri- 
 torial Convention was sitting, prepara- 
 tory to the admission of that State into 
 the union. Moseley and himself, leav- 
 ing their friends there, descended the 
 Mississippi in a flat boat, or "Broad 
 Horn," together with Mr. Charles B. 
 Green, a wealthy and well educated 
 planter from the neighborhood of 
 Natchez: Mr. .James Railey, afterwards 
 also a wealthy planter of Mississippi, 
 and ever a devoted friend of Judge El- 
 lis. Dr. Cochrane, who became a suc- 
 cessful practitioner of medicine in New 
 Orleans, and Mr. James Garrard, who 
 succeeded General Shelby as Governor 
 of Kentucky, and was eight years Gov- 
 ernor of that State— from 1796 to 1804. 
 Mr. Green had with him about fifty 
 negroes, whom he was taking out to 
 one of his cotton estates. As they trav- 
 eled only during the day. "tying up" at 
 night, they were thirty days on the 
 river — from the 1st of July to the 1st 
 of August. The Judge then being very 
 athletic and active, it was fine sport 
 for him to jump out on the sandy 
 shores and sand bars and wrestle witn 
 Railey or Moseley, or practice with his 
 rifle at a mark, or passing game. 
 
 David Holmes was at that time Gov- 
 ernor of Mississippi Territory. Judge 
 Ellis had letters of introduction to him 
 and although when he left Virginia it 
 was his expectation to settle in Natchi- 
 toches, on the Red River, he was in- 
 duced by him and others to make trial 
 of Natchez, first, however, visiting 
 Natchitoches. Not being familiar with 
 the civil law. he commenced by read- 
 ing a course of that law. as well as the 
 territorial statutes, in the office of Mr. 
 Chri.stopher Rankin. U. S. District At- 
 torney, a gentleman to whose friend- 
 ship he became much indebted, and 
 whose many noble qualities won from 
 him a lasting regard. In the following 
 year, the Convention was held, which 
 organized the State government, and 
 Governor Holmes, being thereto duly 
 authorized, in September. 1817, ap- 
 pointed him a Judge to fill a vacancy 
 in one of the courts, until the State 
 should be admitted into the Union. At 
 the first session of the Legislature, four 
 Judges were elected for the State — each 
 had a separate and distinct circuit — 
 and the four together composed the 
 Supreme Court of Errors and Appeals. 
 Judge Ellis was one of these, having 
 
 been elected by a vote of 27 out of 32 — 
 those who voted against him alleging 
 as their sole reason, that he had not 
 resided sufficiently long in the State. 
 His circuit was the southern, extend- 
 ing to the bay of St. Louis, and includ- 
 ing a large portion of the original 
 French and Spanish population. It 
 was exceedingly interesting to hear 
 him speak of the habits of those people 
 at that day, their local customs, preju- 
 dices and traditions, and of the inci- 
 dents of his journeys, as he and the 
 iiiv>yers practising before him, trav- 
 eled on horseback from court to court, 
 trough a region in its primitive state, 
 but thinly settled, and partly occupied 
 by Indians — many of whom became his 
 warm friends. Among these he often 
 mentioned Greenwood Leflore, one of 
 the three principal chiefs of the Choc- 
 taws, a man of decided ability and 
 force of character, after whom the town 
 of Greenwood and Point Leflore lately 
 become prominent in the military oper- 
 ations on the Tallahatchie, were 
 named. He knew also and had been 
 the guest of such men as Folsom and 
 Tuppe-na-homo, of the Choctaws. and 
 Tish-a-mingo, McGilvery and Colbert, 
 of the Chickasaws. 
 
 In September, 1825, he was appoint- 
 ed by Governor Leake to fill a vacancy 
 in the Senate of the United States, cre- 
 ated l)y the resignation of ex-Governor 
 Holmes, wtio had been a second time 
 elected Governor of the State of Miss- 
 issippi. He took his seat a few days 
 after the opening of the session in De- 
 cember. The term for which he was 
 appointed, subject to legislative con- 
 firmation, did not expire until March, 
 1S27. When the election came on. be- 
 fore the Legislature late in the winter 
 of 1825-26. he was beaten by Mr. Thos. 
 B. Reed, after a very close contest, the 
 vote having been tied for several days, 
 but finally Mr. Reed obtained a ma- 
 jority of two. Judge Ellis, however, 
 continued to serve until Mr. Reed ap- 
 peared and was qualified, on the 11th 
 of March. 1826. In August. 1826. the 
 elections came on for members of the 
 l^egislature. The question of the Sena- 
 torial election was one of the tests 
 among the candidates, and when this 
 election came on for the new term, at 
 the session of 1826-27, Judge Ellis beat 
 Mr. Reed by a large majority. This 
 was an election for six years, com- 
 mencing the 4th of March. 1827. He 
 
lion. PouhaUiii EUis, of Misaimppi. 
 
 served five years, when he was appoint- 
 ed by General Jackson to suoceid 
 Judge Peter Randolph as Judge of the 
 I'nited States for Ow District of Miss- 
 issippi. He presided in the District 
 Court from the l)eginning of the fall 
 term of 1832 to the close of the spring 
 term of 1836. when he was api)oiuted 
 by General jacKson Charge d'Affairos 
 to Mexico. He remained in Mexico un- 
 til the last of December, 1S36. when he 
 came home under instructions from the 
 President. And on the Uth of March, 
 1837, was appointed by Mr. » an Hun-n 
 Envoy ii^xtraordinary and Ministi'r 
 Plenipotentiary to Mexico. He did not. 
 however. pro<eed on that mission until 
 March. 1839. from which time he re- 
 mained in Mexico until April. 1842. 
 After his return to the I'nited States, 
 he held no official position, though he 
 was frequently called before the public, 
 by his connection with the Democratic 
 jjarty, with which he uniformly acted. 
 
 During the twelve years that he sat 
 upon the bench, his conduct as a Judge 
 was marked by a faithful attention to 
 the duties of the station, an inflexible 
 zeal for the administration of justice, 
 the preservation of the public peace, 
 and the avoidance of those delays 
 which often weary the law-abiding 
 suitor. Whenever it was possible, con- 
 sistently with right, to extend favors, 
 they were invariably extended, but 
 when this could not be done, all par- 
 ties were rigidly compelled to a proper 
 obedience. At one term of his court, 
 when the revulsions of the "Flush 
 Times of Mississippi" had brought him 
 a very heavy docket, he disposed of 
 nearly 400 cases. When he left the 
 bench, it was with the regret of a large 
 mass of the virtue and intelligence of 
 the people. 
 
 The first credentials of Juage Ellis 
 as a Senator were presented and ho 
 took his .seat on the same day with 
 Judge Hugh L. White, of Tennessee. 
 He found then in the Senate Mr. 
 Holmes, of Maine, distinguished 
 among his contemporaries for wit, sar- 
 casm, anu readiness; Judge Woodbury, 
 of New Hampshire, equally learned and 
 laborious; Mr. Robbins, of tv-hode Is- 
 land, eminent as a classic; Mr. Van 
 Buren, of New York; Governor Dicker- 
 son, of New Jersey; General Sam 
 Smith, of Maryland; Littleton W. 
 Taxewell and John Randolph, from 
 Virginia: Nathaniel Macon, of North 
 
 Carolina; Mr. John Gaillard. so often 
 and so long president, pro tempore, of 
 the Senate, and his eloquent colleague. 
 Robert Y. Hayne, of South Carolina; 
 Judge Berrien, of Georgia: Colonel R. 
 M. Johnson and Judge Rowan, of Ken- 
 tucky; General Eaton, of Tennessee; 
 General Harrison, of Ohio; Johnston, 
 of I^uisiana; ^ving, of Alabama; Ben- 
 ton, of Missouri. Subsequently there 
 came in Webster, and Clay, and Cal- 
 houn, Tyler, McLane, Frelinghuysen, 
 Forsyth. Grundy, Livingston, Marcy, 
 Dallas, Mangum, Troup, and others, 
 the nuister-spirits of this country in 
 their time. It was an honor to have 
 been the cotemporary. enjoying, as he 
 did. the association and friendship of 
 such men, in a select body of forty- 
 eight, exercising high functions of gov- 
 ernment, upon a theatre which then, 
 and before and long afterwards, at- 
 tracted the talent, the patriotism, the 
 high spirit and the lofty ambition of 
 the first and best of a powerful and 
 prosperous nation. That very period, 
 too, saving the dissolution of the Un- 
 ion, is perhaps the most memorable in 
 the annals of the old government. The 
 sessions extending from ''2't to '32, both 
 inclusive, were replete with important 
 measures. The Mission to Panama, the 
 Occupation of the Oregon River, the 
 Suppression of Piracy, the Abolition 
 of Imprisonment for Debt, the Gradu- 
 ation, Sale and Distribution of the Pub- 
 lic Lands, the Removal of the Indians, 
 Internal Trade with Mexico, In- 
 ternal improvements, the Reeharter 
 of the Bank of the United States, the 
 Tariff which brought on Nullification, 
 the Veto Messages of President Jack- 
 son, were among the questions which 
 arose, involving national issues; to say 
 nothing of the "Reception of General 
 Lafayette," the "Assault on the t'resi- 
 dent's Secretary," the "Breach of Priv- 
 ilege," the ' Impeachment and Trial of 
 Judge Peck," and other questions, 
 more or less weighty, which gave rise 
 to exceedingly able and interesting de- 
 bates in Congress. 
 
 Possessed of but few if any, of those 
 brilliant qualities, whose rare assem- 
 blage the world calls genius, yet pos- 
 sessing what we must admit to be far 
 better, a sound judgment, a resolute 
 purpose to pursue the right, and a ca- 
 pacity to gather wisdom from experi- 
 ence. Judge Ellis bore at least a useful 
 and an honorable part in the elevated 
 
JIoii. ]'<iirh<it((n Ellin, of Misxisxippi. 
 
 position he then occupied. In the ap 
 pointment of the standing committees, 
 which was hy ballot, he was assigned, 
 at different times, to those on Puolic 
 Lands, Indian Affairs, and Post Offices 
 and Post Roads — whose duties involv- 
 ed the consideration of qtiesuons most 
 nearly affecting the interests of his 
 State. One of his first acts was to ob- 
 tain an appropriation of a sum of 
 money for the repair of the post road 
 between Jackson and Columbus, run- 
 ning through the Indian countrj'. over 
 which the State of Mississippi had no 
 control ; the object being to put the ■ 
 road in such a condition that the mail\ 
 mifjht he travsportcd in covered car- 1 
 riages to Natchez and New Orleans!" j 
 At the same session he introduceu a] 
 bill, which was passed, to enable the | 
 President of the United States to hold; 
 a treaty with the Choctaw and Chicka- 
 saw nations of Indians. A majority of 
 the Mingoes. leaders, captains, and 
 warriors of those nations, were, as he 
 knew, opposed to the policy of removal, 
 but under e operation of this bill a 
 delegation of their own people was sent 
 to view the lands west of tlie Alississ- 
 ippi. which it was proposed to exchange 
 with them for their lands east of that 
 river, and upon the report of this dele- 
 gation a treaty was ultimately made, 
 providing for the extinguishment of ; 
 the Indian titles to all lands within \ 
 the limits of the State of Mississippi; j 
 a policy by which not only the perish- [ 
 ing consequences to the Indians, of a! 
 near connection with a white popula- 
 tion have been avoided, but they have 
 received in fair and willing exchange, 
 a country suitable for their purposes, 
 unexceptionable in every respect, and 
 secured to them by the most ample and 
 solemn .sanctions; they have received 
 pay for their former improvements — 
 been transported to their new homes 
 free of cost — and aided, protected, and 
 encouraged ever since their removal; 
 in fine, tested by time, it has proven 
 itself a policy which has effectually 
 tended to the preservation, improve- 
 ment, and happiness of the Indians; 
 while it has relieved one of our finest 
 sister States from an inexpressible em- 
 barra.ssment, and left her free to per- 
 form, as she has done, and is nobly do- 
 ing, her part in the maintenance of 
 Southern rights, privileges, and prefer- 
 ment. 
 
 His sagacity wa," shown on another 
 
 occasion during his Senatorial career. 
 In 1803. the United States acquired 
 Louisiana, and with it an open ques- 
 tion of boundaries for that vast pro- 
 vince. On the side of Mexico upon the 
 west, and of Florida upon the east, 
 this question was to be settled with the 
 King of Spain; on the north and north- 
 west with the King of Great Britain. 
 In 1818, it was settled with Spain by 
 our acquiring Florida — taking a boun- 
 dary on the west which gave away 
 Texas. The acquisition of Florida was 
 a desirable object, and had been long 
 properly sought; but the treaty by 
 which it was accomplished has been 
 regarded as a great oversight on the 
 part of the Southern States, in the 
 strong language of Colonel Benton — 
 '■ The new boundary, besides cutting off 
 Texas, dismembered the Valley of the 
 Mississippi, mutilated two of Its no- 
 blest rivers, brought a foreign domin- 
 ion (and it non-slaveholding) to the 
 neigborhood of New Orleans, and es- ' 
 tablished a wilderness barrier between 
 Missouri and New Mexico — to inter- 
 rupt their trade, separate their inhabi- 
 tants, and shelter the wild Indian dep- 
 redators upon the lives and property 
 of all who undertook to pass from one 
 to the other." Mr. John Quincy Ad- 
 ams, Secretary of State, was me nego- 
 tiator and ostensible author of this 
 treaty; but he afterwards stated on 
 the floor of the House of Representa- 
 tives, that in fixing the boundary he 
 had been governed by the vote of a 
 majority of Mr. Monroe's cabinet, who 
 were Southern men. The treaty was 
 signed on the anniversary of the birth 
 of Washington, was sent to the Senate 
 the same day. and unanimously ratified 
 the next day with the general appro- 
 bation of the country, and the warm 
 applause of the newspaper press. It is 
 interesting at this day to advert to the 
 reasons of Mr. Monroe, a Soiuuern 
 President, and the majority of his caoi- 
 net. Southern men, for pursuing such 
 a policy. What were they? There was 
 a repugnance, we are told, in the east- 
 ern portion of the Union. [New Eng- 
 land], not merely to territorial aggran- 
 dizement in the South and Southwest, 
 but to the consequent extension of 
 slavery in tuose quarters; and, to al- 
 lay that repugnance, and prevent the 
 slavery extension question from becom- 
 ing a test t?i Presidential elections, 
 ^■outhern men. in acquiring Florida. 
 
IIoH. I'utrluitan Kllix, of Missxixnippi. 
 
 gave atcay Texas — refusing, absolutely, 
 to include joithin our limits as much 
 territory as Spain offered.'* Though 
 the treaty was ratified with such unan- 
 imity on our side, Sjiain hesitated, de- 
 layed, and finally suffered the time 
 limited for the exchange oi ratifica- 
 tions, to expire. New negotiations 
 were then entered upon, which resulted 
 in the ratification by Spain of the for- 
 mer treaty, but this not l>eing within 
 the time originally prescribed, it be- 
 came necessary to submit it again to 
 the American Senate, which was done 
 in the session of 1820-21. It was rati- 
 fied a second time, and almost unani- 
 mously, but not quite, four votes being 
 given against it. and all by Western 
 Senators. In the meantime. Mexico, 
 (of which Texas was an integral part), 
 ceased to belong to Spain. She pro- 
 claimed her independence, repulsed 
 all Spanish authority, and continued 
 successfully to resist the mother coun- 
 try; in consequence of which no Span- 
 ish commissioners could go to Texas 
 to join those of the United States in 
 running and making the new boun- 
 dary. The government of the United 
 States then undertook lo establish the 
 boundary with Mexico herself. This 
 was done by treaty in the year 1828, 
 adopting the boundaries previously 
 agreed upon loith i^pain. Upon the 
 question of ratifying the treaty with 
 Mexico, only three Senators voted in 
 negatively, namely: Colonel Benton, of 
 Missouri; Judge William Smith, of 
 South Carolina (afterwards tendered 
 an appointment on the Supreme Court 
 by Mr. Van Buren). and .ludge Ellis, 
 of Mississippi. This Texas was the 
 country which the United States got 
 back in 1848 at the expense of a war 
 and a hundred millions of dollars. 
 
 The celebrated Sunday Mail Report, 
 of the Committee on Post-Offices and 
 Post Roads, to which had been referred 
 various petitions remonstrating against 
 the transportation and delivery of the 
 mails on the Sabbath, was made while 
 Judge Ellis was a member of that 
 committee. The report was presented 
 by Colonel R. M. Johnson, as chairman, 
 but it was written by Amos Kendall — 
 tough the leading ideas were suggested 
 
 *Mr Preston said of this act — "We 
 thrf'w away a gem that would have 
 bought ten Floridas." 
 
 by Mr. Calhoun, and it was revised and 
 corrected by the Rev. Mr. Brown, a 
 clerk in one of the departments, who 
 wa.< a man of talents and a good writer. 
 Great issues, as we have said, were 
 before the country when he was in the 
 Senate. The national legislation was 
 dangerously complicated by some of 
 thcni, bringing the two parts of the 
 double system. State and Federal, into 
 .serious disagreement, and treatening 
 to compromise their harmonious ac- 
 tion. It is not to be expected that any 
 man. however conscientious, exact and 
 careful in the performance of public 
 duties, could pass through such a pe- 
 riod without heated opposition and 
 strong crimination. Judge Ellis ex- 
 perienced his share of partisan enmity 
 and aspersion. He was especially 
 brought into almost constant variance 
 with the last of his colleagues, the Hon. 
 George Poindexter, who. having been 
 successively Delegate. Representative, 
 Governor and Senator of Mississippi, 
 had much influence at home, and being 
 a man of decided talents, skilful in de- 
 bate, and well versed in politics, had a 
 corresponding influence with the oppo- 
 sition party, to which he belonged in 
 Congress. Nevertheless, Judge Ellis, 
 on his retirement, was welcomed by 
 many gratifying manifestations of re- 
 spect and confidence among those who 
 knew him best. A public meeting, said 
 to have been the most numerous and 
 respectable that had ever been wit- 
 nessed on a similar occasion in Nat- 
 chez, was held there, at which such 
 gentlemen as Fontaine Winston, Esq., 
 the Lieutenant-Governor, Col. Chotard, 
 Mr. R. M. Gaines, Capt. J. B. Nevitt, 
 Dr. Cartwright, and others, were ap- 
 I)ointed "a committee of congratulation 
 to wait upon Judge Ellis, to convey to 
 him the sentiments of this meeting, to 
 shake him by the hand, and to bid him 
 welcome to the State which he alone 
 has truly represented in the Senate, to 
 assure him of the high estimation en- 
 tertained for him by a large majority 
 of his constituents; to express their 
 entire approbation of his political 
 course in the Senate; to inform him 
 that his i)olitical friends have not for- 
 saken him, but that his independence, 
 firmness, and political integrity amidst 
 the storms of faction which raged 
 around him have drawn them closer to 
 him; and likewise to invite him to par- 
 take of a public entertainment at as 
 
//'///. Poirhntiiii FJUx, (if Mississippi. 
 
 early a day as would suit his conveni- 
 ence." At the public entertainment 
 subsequently given, the regular toast 
 proposed in his honor was in these 
 words: "Our distinguished guest, the 
 Hon. Powhatan Kllis — In private life, 
 of spotless reputation; in public life, 
 an able and faithful representative in 
 the councils of the Republic. We say 
 to him in sincerity and truth: Well 
 done, thou good and faithful servant, 
 receive the reward due to fidelity from 
 faithful Mississippians.' 
 
 One of his traits as a public man 
 ought not to be passed in silence. While 
 he coveted high-toned, honorable popu- 
 larity, and received the plaudit, "well 
 done, thou good and faithful servant," 
 as a recompense for the honest per- 
 formance of duty more highly appre- 
 ciated by him than any other earthly 
 consideration, no man of equal promi- 
 nence ever perhaps vexed the public 
 less wiib his own praise or used the 
 newspapers less as heralds of his 
 movements and actions. 
 
 .ludge Ellis' first mission to Mexico 
 was one of more than usual delicacy 
 and importance. Mr. Edward Livings- 
 ton, no less distinguished as a diploma- 
 tist than a jurist, who had then but re- 
 cently returned from France as En- 
 voy, and who from having been Secre- 
 tary of State, and previously a Sena- 
 tor, was well acquainted with the for- 
 eign relations of the country, in a letter 
 which he wrote to Judge Ellis, ex- 
 pressed the opinion that it was the 
 most important of all missions of the 
 United States at that day. Commenc- 
 ing immediately after the battel of 
 San .lacinto, which had resulted in the 
 defeat of the Mexican army and the 
 capture of General Santa Anna, their 
 general-in-chief, and tne President of 
 their Republic, when the whole Mexi- 
 can mind was poisoned with hatred 
 toward the government and people of 
 the United States, it was no easy task 
 to soothe the irritadon, avert new ag- 
 gressions and injuries, and at the same 
 time secure payment for many claims, 
 amounting to nearly two millions of 
 dollars, and satisfaction for numerous 
 insults, which had long formed the 
 subject of correspondence between the 
 two governments. Gen. Jackson did 
 not forgot on this occasion his cardinal 
 principle of foreign policy, to ask only 
 what is right, and submit to nothing 
 wrong. Under his instructions, a de- 
 
 mand was finally made in the most 
 formal manner, for the adjustment of 
 all pending questions, which not hav- 
 ing been complied with in a given 
 length of time. Judge Ellis withdrew 
 from Mexico, bringing the archives of 
 the legation with him. Mexico having 
 subsequently made satisfaction for the 
 insults complained of. and sent a spe- 
 cial Minister to Washington, who en- 
 tered into a treaty providing for the 
 payment of all claims of citizens of the 
 United States, Judge Ellis went out 
 upon his second mission, which in its 
 turn became complicated, not only by 
 repeated occasions for new demands 
 of a similar nature, but also and espe- 
 cially because of the famous Santa Fe 
 exjieditlon. From the beginning to the 
 end, however, he omitted no opportuni- 
 ty and relaxed no effort to obtain the 
 good will of our neighbor, protect our 
 national respectability, and secure us 
 from designed aggression — and it is be- 
 lieved that the United States have 
 rarely had a Minister abroad who com- 
 manded more fully than he did the re- 
 spect and esteem, not less of the gov- 
 ernment to which he was accredited, 
 than of the government whose agent he 
 was. His conduct and his correspond- 
 ence were equally marked by firmness, 
 dignity, courtesy, and the strictest re- 
 gard to justice and propriety. 
 
 The amount of labor in the legation 
 at Mexico was excessive; yet it was 
 performed with an assiduity, system 
 and thoroughness which elicited the 
 commendation of the Department and 
 of the Commission constituted for the 
 adjudication of claims under the con- 
 vention of April. 1839: the Commis- 
 sioners, on the part of the United 
 States, being Governor Marcy of New 
 York, and Judge Rowan of Kentucky, 
 and the accomplished linguist and 
 scholar, Mr. Alexander IMmitry. now 
 , of this city, being their secretary. 
 
 It is curious to speculate upon the 
 consequences of the conduct of a single 
 individual. Judge Ellis was tendered 
 the appointment of Charge d' Affaires 
 to Mexico, about the first of April, 1835, 
 to succeed Mr. Butler, who had asked 
 and obtained leave to return home. 
 Texas had then only reached the con- 
 fines of that struggle in arms which re- 
 sulted in her separate independence. 
 J ne revolutionary spirit had, indeed, 
 three years previously, shown itself in 
 the affairs of Anahuac and Velasco, and 
 
8 
 
 lion. PoirluiUni Ellin, i>f MiKsinMippi. 
 
 Other proceedings, on the part of the ' 
 colonists, hostile to the Mexican Gov- 
 ernment. But tranquility had oeen ap- 
 parently restored by the election of 
 General Santa Anna to the Presidency, 
 and the supposed triumph with him of 
 the Constitution of 1S24. Colonel Aus- 
 tin was then in the city of Mexico, 
 charged with the presentation of the 
 memorial of the Convention of San : 
 Felii)e. peaceably urging the constitu- 
 tional right of Texas to be admitted 
 into the Confederacy as a State sepa- 
 rate from Cohahuila. In short, it was 
 more than six months Defore the ap- 
 pointment of a "Committee of Safety" 
 in Texas, before any of those "Texas 
 meetings" were held in the Lnited 
 States for the purpose of providing 
 help for those who were regarded as 
 brothers though residing beyond our 
 national boundary, and before the first 
 battle was fought, at Gonzales, in sup- 
 port of State sovereignty, and against 
 centralism and the despotic power of 
 Santa Anna. 
 
 In a conversation with the President 
 and Secretary of State (Mr. Forsyth) 
 soon after the appointment was tender- 
 ed him. .Judge Ellis suggested that if, 
 after the arrival of Mr. Butler, it 
 should appear to them desirable or pro- 
 per that that gentleman should return 
 to Mexico, it would be entirely agree- 
 able to him that such an arrangement 
 should be made. Mr. Butler arrived in 
 Washington not long after this conver- 
 sation, and upon his suggesting that 
 he was on the eve of completing a 
 treaty which had cost him much trou- 
 ble, it was deemed proper to authorize 
 his immediate return, with a view to 
 its completion. Mr. iSutler spent some 
 time with his friends in South Caro- 
 lina, and when he started on his return 
 to Mexico, instead of proceeding by the 
 usual southern route from New Or- 
 leans to Vera Cruz, travelled overland 
 in a private conveyance, from Arkan- 
 sas to the city of Mexico, a journey of 
 1.400 miles, passing through Texas, 
 without the Government at Washing- 
 ton having the least intimation of his 
 purpose to do so. It is probable that 
 he wished merely to satisfy himself, 
 by personal observation and associa- 
 tion, of the true condition of affairs 
 in Texas, and the value of that terri- 
 tory, which he knew his Government 
 desired to acquire. However this may 
 be. much precious time was thus lost. 
 
 General Cos had not only then set out, 
 at the head of a large body of disci- 
 plined troops, to enforce the decrees of 
 the National Congress, under the orders 
 of Santa Anna, but news of the action 
 at Gonzales, and the capture of Go- 
 liad, which preceded the surrender of 
 Cos at San Antonio de Bexar, must 
 have reached the capital about the time 
 that Mr. Butler arrived there. Worse 
 than this. During the month of March, 
 1S,35, an act had passed the Congress of 
 Cohahuila and Texas, providing for the 
 sale of the enormous quantity of four 
 hundred leagues of the public domain, 
 to a small company of private adven- 
 turers, at a price grossly dispropor- 
 tioned to its true value. The law, it 
 is believed, originated in fraud, and the 
 Congress was shamefully imposed upon 
 by those who obtained its enactment. 
 The Mexicans, always suspicious, took 
 up the impression that Mr. Butler was 
 concerned in this transaction, and that 
 the object of his journey througu 
 Texas was both as an adventurer, to 
 look after his interest in lands, and an 
 (Muissary, to instigate revolution. His 
 influence, as a diplomatic representa- 
 tive of the United States, was of course 
 at an end. Who shall say that if Judge 
 Ellis had gone out as was intended in 
 the early spring, under the instruc- 
 tions which General Jackson was pre- 
 pared to give, and did afterwards give, 
 authorizing the negotiation for a boun- 
 dary "from the eastern bank of the Rio 
 del Norte to the thirty-seventh degree 
 of latitude, thence along that parallel 
 to the Pacific," and placing at his dis- 
 posal ten millions of dollars for the 
 purpose of satisfying Mexico, he might 
 not have obtained from the sagacious, 
 avaricious, unscrupulous Hero of Tam- 
 I)ico — in the then exhausted condition 
 of the Mexican treasury — the cession 
 of that greatly coveted region — thus 
 bringing into the Union Texas, which 
 had been given away, and all West of 
 the Rio Bravo, including Upper Cali- 
 fornia. 
 
 A conspicuous proof of his firmness 
 and justice was given on the occasion 
 of the capture of the Santa Fe expedi- 
 tion. Upon the facts before him, he 
 came to the conclusion that this expe- 
 dition was a military and hostile inva- 
 sion of Mexico, and that those citizens 
 of the United States who had taken 
 ; part in it, had no right to claim the 
 1 protection of their Government. He, 
 
lion. Poithntnn Ellis, of Minnixnijijn. 
 
 therefore, refused to make any demand 
 upon the Mexican Government in their 
 l)ehalf. This gave rise to grievous com- 
 plaints on the part of the sufferers, and 
 to a great clamor among their friends 
 and others in the United States. His 
 sympathies were, indeed, strongly en- 
 listed for the sufferers; he knew some 
 of them per-sonally, and entertained ! 
 friendship for the families and friends 
 of others; and he liberally contributed, 
 of his private means, for their comfort 
 and relief, and officially, and unoffi- 
 cially, used his utmost endeavors to 
 mitigate the severity of their treat- 
 ment. In particular, he urgeu upon 
 the Mexican Government, that while 
 the Government of the United States 
 was disposed to maintain, with strict 
 fidelity, amicable relations with the 
 Mexican Republic, and would not at- 
 tempt to screen from merited punish- 
 ment any of their citizens who might 
 be guilty of an infraction of tne laws 
 intended to preserve those relations yet 
 that summary, sanguinary, or undue 
 punishment of either Texans or citi- 
 zens of the United States, in Mexico, 
 would inevitably tend to excite and 
 foment, in this country, an acerbity of 
 feeling against Mexico, which would 
 be much more apt to defeat the sup- 
 posed objects of those punishments 
 than if the offenders were to have a 
 fair trial, and, if then convicted, were 
 to be punished in some proportion to 
 their offences. 
 
 This course, on the part of the Min- 
 ister did not fail to make its proper 
 impression upon the Mexican Govern- 
 ment; and accordingly, soon after the 
 arrival of the prisoners in Mexico, 
 when Judge Ellis had an audience for 
 the purpose of presenting his letter of 
 recall, the President, General Santa 
 Anna, as a testimonial of respect, amd 
 an acknowledgment of the friendly sen- 
 timents inspired liy his course, especial- 
 ly in reference to the Santa Fe prison- 
 ers, placed in his hands an order for the 
 liberation of a number of those unfor- 
 tunate men. Among those thus liberat- 
 ed were Franklin Cooml)s. a son of 
 General Leslie Coombs, of Kentucky, 
 and George Wilkins Kendall, the well- 
 known editor, auditor, and traveller, of 
 New Orleans. 
 
 .Judge Ellis' residence, in the superb 
 city of Montezuma, was attended with 
 much interest, social and political. He 
 witnessed more than one of those revo- 
 
 lutions, disorders, and strifes, which 
 have contributed so largely to deprive 
 our sister Republic of that "peace and 
 happiness, truth and justice, religion 
 and piety." without which there can 
 be no solid safety, honor or welfare for 
 any people. During the pronuiicia- 
 viento of the Federalists, in .July, 1840, 
 he was placed in an embarrassing posi- 
 tion. The troops under Urrea, belong- 
 ing to the garrison, ai midnight, took 
 possession of the palace, surprised the 
 guard, and made the President, General 
 Hustamente, a prisoner. The Presi- 
 dent's private secretary. Colonel Alex- 
 ander Yhary. a Greek by birth — who 
 had entered Mexico with Mina's expedi- 
 tion, in 1817, long suffered imprison- 
 ment in the loathsome dungeons of San 
 .Juan de Ulloa, and fought gallantly on 
 various occasions as an officer in the 
 Mexican service — was a frequent visi- 
 tor at the house of the American min- 
 ister, and came to be regarded by him 
 as a personal friend. Making his es- 
 cape from the palace, at the time the 
 president was arrested, knowing that 
 there prevailed on the part of the in- 
 surgents, a feeling of jealousy and vin- 
 dictiveness towards him as a foreigner, 
 and wholly at loss to determine what 
 ; to do in the sudden and unexpected di- 
 lemma which then presented itself, he 
 determined to ask the protection of the 
 flag of the United States. It seemed 
 but a repetition of the memorable in- 
 cident in Mr. Poinsett's mission, when 
 Madame Yturrigaray. flying before Za- 
 vala's troops, implored him to protect 
 her; and as in that case, so in this, the 
 protection was promptly and generous- 
 ly given. The captive president was 
 released on the second day. and the day 
 following was rejoined by his faithful 
 secretary; and after twelve days' fight- 
 ing, they returned to their apartments 
 in the palace, the public tranquility 
 having been restored. After this inci- 
 dent, the president frequently came, 
 attended by Colonel Yhar>-. to visit 
 .Judge Ellis in a friendly and informal 
 manner. 
 
 The diplomatic corps at that day in 
 Mexico, consisted of Mr. Parkenham, 
 the English minister, who was after- 
 wards in Washington; Baron de Cyp- 
 rey, the French minister, who had suc- 
 ceeded Baron Defaudis. whose demands 
 brought out the squadron under Ad- 
 miral Baudin and the Prince de Join- 
 ville: Baron Von Gerolt. now and for a 
 
10 
 
 lion. Powhatan Ellin, of Mhsitmippi. 
 
 number of years past Prussian minis- 
 ter in Washington: Haron de Norman. 
 Belgian: and Don Angel Calderon de la 
 Barca. of Spain, twice minister at 
 Washington, whose talented and very 
 accomplished wife has given so pleas- 
 ing a description of "Life in Mexico, 
 during a residence of two years in that 
 countr>'." Mr. Brantz Mayer was. for 
 one year, Secretary of the American 
 legation, and inscril)ed his book, which 
 he afterwaj'ds wrote, entitled "Mexico 
 as it Was and as it Is." to his friend. 
 Judge Ellis. Among the often received 
 and acceptable guests of our minister, 
 were Mr. William Macluro. in early life 
 a resident of this city, afterwards a 
 confidential agent and correspondent of 
 Mr. .Jefferson, in Europe, and honorably 
 known as long the President and bene- 
 factor of the Academy of National 
 Sciences, at Philadelphia, Dr. Antom- 
 marchi. the surgeon who was chosen 
 by Cardinal Fesch to attend upon Na- 
 poleon, at St. Helena, who was present 
 at his death, and opened his body after 
 death: and Mr. Egerton, an English 
 artist — a landscape painter, of emi- 
 nence, who was murdered in the most 
 horrid manner, with his lovely young 
 English bride, as they were taking an 
 evening walk from their pretty resi- 
 dence at Tacubaya. 
 
 In stature, .Judge Ellis was six feet, 
 two inches; he weighed about two hun- 
 dred and ten pounds. His limbs were 
 well proportioned, his carriage and 
 manner elevated: his whole deportment 
 dignified and comely: his features regu- 
 lar, forehead expansive, and head finely 
 developed. Mrs. Trollope, in her 
 "Black Book," pronounced him "the 
 handsomest man in Congress." Cer- 
 tainly, in his diplomatic uniform, and 
 by the side of the Mexicans, who are 
 generally small, he was a remarkably 
 fine looking man. Without laying too 
 much stress upon mere appearance, 
 however, we may say, that being com- 
 manding in person, habitually attentive 
 to dress, and scrupulous in the obser- 
 vance of the established forms of polite 
 society, there was displayed in him a 
 union of dignified comi)laisance and 
 kindness at once pleasing and refined. 
 
 In the year 18:*.:'.. he was married to 
 Miss Eliza Rebecca Winn, of Washing- 
 ton, D. C, daughter of Mr. Timothy 
 Winn, formerly a purser in the United 
 States Navy. Her mother was a daugh- 
 ter of Benjamin Gasker Dulany, of Shu- 
 
 ter's Hill, near Alexandria, Virginia, 
 and a sister of the late Commodore 
 Bladen Dulany of the U. S. Navy. He 
 had only two children — a son, who died 
 in infancy, and a daughter, now sur- 
 viving him. The death of his wife in 
 the spring of 1835, was one of the rea- 
 sons which induced him to consent to 
 go abroad. She possessed rare beauty, 
 grace, and accomplishment, united with 
 singular sweetness of temper, and a 
 highly cultivated taste. The late Major 
 ,Iames Gibbon, a great admirer of fe- 
 male beauty, on seeing her at a bridal 
 entertainment given to her in this city, 
 ri'marked, that she was tne most lovely 
 woman he had ever seen — except her 
 mother. 
 
 While greatly devoted to tue State 
 of his adoption, in which he so long 
 resided, and which gave him so many 
 proofs of confidence and approval, he 
 nevertheless, at all limes, turned with 
 I)eculiar love to his native soil. To 
 breathe the bracing air of Piedmont, 
 Virginia, to drink the pure, cool, deli- 
 cious water of the spring from which 
 he drank when a l)oy, to look upon the 
 mountain slopes of the Tobacco Row, 
 and the Blue Ridge, where he hau often 
 camped in deer hunt, was an exquisite 
 relish and enjoyment. One of the sub- 
 jects which most interested him a few 
 months previous to his death, was an 
 effort to acquire the old homestead of 
 his father and his grandfather, which, 
 to his great regret, some years since, 
 passed out of the family. He thought 
 to make it a resting place for himself 
 and the ])alance of his days. Alas! life, 
 its homes and its scenes, on this sine of 
 the grave, are closed to him forever. 
 
 The departed we cannot recall, but 
 we may preserve his memory, and it 
 will be well if, in many respects, we 
 follow his example. It is no mean epi- 
 taph to write of one who was forty- 
 live years a public man, that he was 
 virtuous — that whenever tried, he 
 proved himself a safe depositary of 
 trust and power — that from the day he 
 assumed the responsibilities of a man, 
 even to that when the shadow of death 
 was flitting l)efore his eyes, he was in 
 all his conduct firm, courteous, honor- 
 able — and that while in al)ility he 
 claimed not to rank with many of his 
 illustrious cotemporaries, there was, 
 I)erhaps, not one of them whose respect 
 he did not command in a high degree, 
 and who would not say of him, "honor 
 
Hon. PowJuUan Ellis, of Mismssippi. H 
 
 and gratitude to the man who has per- credit to himself, his friends and his 
 formed his whole part in life with country." 
 
 Richmond, Va., March 25, 1863. 
 
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