Chapter 18 Emory Speer Family

WILLIAM SPEER (1747-1830)

ABBEVILLE COUNTY

SOUTH CAROLINA

HIS LIFE, FAMILY AND

DESCENDANTS

  

Compiled and Written By

Wade Edward Speer

 

With Special Help From

George William Whitmire, Sr., Jacksonville, Florida

William Arthur Speer, Jr., Atlanta, Georgia

Portraits By Edward Shanon Wood, Asheville, North Carolina

 

Published By

Wade Edward Speer

Marion, North Carolina

 

1998

 

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NOTES FOR ONLINE BOOK VERSION

Original page numbers did not survive the file conversion to the Internet-ready html format.

Some editing of the original text has been done, such as correcting typos and eliminating unnecessary line spaces.

All images, including portraits, tombstone sketches, house sketches, and signature tracings have been omitted; however the text accompanying the images is retained.

The William Speer Descendent report (Chapter 1) has been omitted. A greatly updated version can be found at:

http://www.familytreemaker.com/users/s/p/e/Wade-E-Speer/index.html

http://hometown.aol.com/wspeer1161/myhomepage/heritage.html

{Wade E Speer July 20, 2000}

 

CHAPTER 18

  

EMORY SPEER FAMILY

 

Emory Speer4 (William1, Alexander2, Eustace3) was a remarkable man. He became a highly influential Federal Judge in Georgia during the turbulent years following the Civil War. Often pursuing just but highly unpopular causes, Emory earned a reputation as an uncompromising staunch defender of individual and community justice. Although his political career was cut short because of his unpopular support of the Federal Government, Emory was not to be defeated. He switched to legal and teaching careers that grew rapidly and influenced not only everyone around him, but his legal judgments, professional writings and collegiate teachings continue to affect the lives of everyone in the United States. See Figure 18-1 for for Emory’s signature and Figure 18-2 for a portrait of the judge in his official robe.

 

c1909

 

Figure 18-1

Tracing of signature of Emory Speer4 (1848-1918).

 

Figure 18-2

Emory Speer4 (1848-1918), c1909. Drawn by Edward Shanon Wood7 from a photograph.

Emory4 taught and practiced justice with a blind eye toward the people involved. For example, at the same time that he defended the newly-acquired voting rights of Black Americans, he also prosecuted ‘Carpetbag’ operations that attempted to take unethical advantage of the local people. He limited the power of Railroad monopolies while expanding the power of the US Government to conscript men into the military.

More has been written about Emory than any other Speer family member. His abilities in public speaking, teaching and writing earned him a permanent place in the history of Georgia and the United States. Emory’s legal judgments and college lectures are monuments to justice and many have been used in later court cases and in law classes throughout the country. Many have been published. His public speeches, stressing the virtues of honorable men and the value of conciliation in the post-Civil War period, have also been published in many places. Some of these writings are reproduced in this book.

Emory’s habit of frequently antagonizing his Democratic neighbors by using the court to support and expand Federal powers eventually caused him problems. Twice he was denied a pending Presidential appointment to the US Supreme Court. And after more than thirty years on the Federal Bench, Judge Speer’s character and performance were attacked by some of his powerful enemies. A tense US Congressional investigation found no cause for the accusations. However, the damage to his career was great and part of his district was assigned to a new judge.

 

Growing Up Emory Speer4 may not have had a middle name; he certainly never used one. The 1850 CensusA lists him as "James Emory Spear"; however, other undocumented sources give the middle initial "F".B He is simply ‘Emory Speer’ in this book.

He was born September 3, 1848 to Reverend Eustace Willhouby Speer3 and Annie Elizabeth King (CHAPTER 17). He was born in the Methodist Parsonage Home in Culloden, Monroe County, Georgia and was named for the then Bishop of the Methodist Church. Emory University was named for the same Bishop.

Emory grew up as his father moved the family from place to place throughout Georgia serving various Methodist Churches. He was described as "Somewhat head-strong, quick and alert..."C

 

Emory in the Civil War At the age of 15, Emory4 joined the Confederate States Army in 1864 during the later days of the war. He joined Captain John T. Gains’ Company K of Lewis’ 5th Kentucky Mounted Infantry. Also known as The Orphan Brigade, this famous unit was created and staffed in the early days of the war before Kentucky sided with the Union. Emory was one of only 7 men from Georgia in The Orphan Brigade, but he became a life-long friend of Captain GainsD.

Fifty years after the war, Captain Gains wroteC:

"When we were falling back before Sherman’s columns on the Macon road, in 1864, a young fellow, anxious to do something to ‘repel the invader,’ joined us. He was then not quite sixteen years old. This youngster who preferred to join a veteran command rather than Joe Brown’s Militia, was {Emory Speer}. He was enrolled as a member of my company, and three days later, at Griswoldville, he had his ‘baptism of fire.’ He remained with us till the close, although we tendered him a discharge after the fall of Savannah. He was paroled at Washington, Georgia, in May, 1865, along with General Lewis’ Brigade, and, like the rest of us has remained loyal to his country and to his flag. As I watched his demeanor in camp and on the march and in line of battle, I came to admire the manly little fellow. I saw in the future a bright career for him."

The last battlefield engagement of the Civil War involved Emory4 and The Orphan Brigade during Potter’s Raid in South Carolina. The Battle of Boykin’s Mill, Kershaw County was fought on April 18, 1865 between Black troops under the command of Federal General Edward E. Potter and an outnumbered Confederate force, including the Orphans. The war was nearly over, the South was loosing, and the Confederate units had little hope of stopping Potter’s troops. The Battle of Boykin’s Mill was one of several encounters as the Federals pushed the Confederates south. During the final encounter on April 21, the last man killed under the Confederate flag was an Orphan who fell that day. The final battle is described in W. C. Davis’ 1980 book on The Orphan BrigadeE:

Emory Speer, now of Hawkins’ Company K, "‘saw that the veterans around me seemed hopeless.’ The men in the ranks realized, he thought, that by now the Confederacy had lost everything, and that their continuing resistance was only a charade. Yet, when {General P. M. B.} Young gave the order to advance, forward they went with all the old verve. It was the last charge of the Orphan Brigade.

"After a few yards the enemy artillery sent solid shot toward the Kentucky line. Speer saw one cannon ball bounce along the ground like a child’s toy straight toward his company. It struck a man on his right, but not killing him. Suddenly there came an order to halt."

Word about Lee’s surrender on April 9 and Johnston’s surrender on April 18 had finally reached the battlefield in South Carolina. The war was over. The Orphan Brigade retired from the battle and made its way to Washington, Wilkes County, Georgia where it surrendered and everyone was paroled on May 29, 1865. Another Civil War-related story concerning Emory has been recorded. Rice (1961) attributes Emory with making the following statement concerning the Confederate States of America Army treasure rumored to have been buried or stolen in Georgia in May 1865 at the time Jefferson Davis was captured by the Union forcesF:

"He {Judge Emory Speer} knew it was a fact {that the treasure existed}, and that he got some of the money"; inferring that some of the treasure money was paid to him as a fee for his legal services.

 

Schooling And Law Practice Emory Speer4 returned home after the war and entered the University of Georgia (formally called Franklin College) in Athens, Clarke County, Georgia. He graduated in 1869 with an

AB Degree. Emory’s patron and personal friend during these years was Senator Benjamin H. Hill who eloquently counseled his fellow Georgians to accept the results of the war and cooperate with the Federal authorities in the restoration of the State. Emory apparently learned these principles well; he devoted the rest of his life to implementing them. Like his grandfather Alexander Speer2 (William1), Emory leaned toward Republican or Federalist ideals and did not always agree with the masses of people around him.

Emory studied law under the tutelage of Senator Hill and was admitted to the Georgia Bar Association in November 1869. During his career, he also received D.Sc., LL.B. and LL.D. DegreesG,S.

He began his practice in Athens and for the next several years, devoted himself to righting the numerous ‘carpetbag’ injustices that were widespread following the war. In 1871, he was instrumental in the re-location of the Clark County Seat to Athens. In recognition of this and other efforts, he was appointed Solicitor General of the old Western District by Governor James M. Smith in 1872. At 23, he was the youngest ever to serve this post.

 

Marriage Emory4 married Sallie Dearing September 8, 1869. Sallie was born January 31, 1851 to Dr. Albin P. and Eugenia E. Dearing. Sallie may have been the sister of the Albin P. Dearing who married Lula Josephine Middleton Speer4 (William1, Alexander2, Algernon3) who was Emory’s first cousin. Emory and Sallie had 5 children (see below). Sallie died August 3, 1879 only 10 years after marrying Emory. She is buried in the Eustace Willhouby Speer family plot in the Oconee Hill Cemetery in Athens, Clark County, Georgia (Figure 18-3).

 

 

Figure 18-3

Tombstone of Sallie Dearing Speer (1851-1879). Oconee Hill Cemetery, Athens, Clarke County, Georgia.

 

Emory The College Professor Emory4 was the Dean of the Law School and Professor of Constitutional Law at the Georgia Baptist Convention’s Mercer University in Macon, Bibb County, Georgia from 1886 until his death in 1918G. He apparently was involved with the Law School even earlier, perhaps as a student and/or lecturer. Emory himself was a Methodist, but his long and illustrious teaching career at Mercer brought him great recognition and respect. In addition, he was a trustee of the University of Georgia in Athens from 1877 until 1885.

In 1897, Emory published some of his highly-acclaimed law-class lecturesH. In O. A. Park’s comprehensive biography, Edward J. Phelps is quotedC:

"These lectures are the best introduction I have ever seen to the study of the Constitution of the United States, and I wish they could be in the hands of every young man in the country whose thoughts are turned in that direction."

 

Emory The Politician In 1876, Emory4 resigned his position as Solicitor General to run for the US Ninth Congressional District Representative; however he failed to secure the nomination of the local Democratic Party. He tried again in 1878 and again failed to obtain the Democratic nomination. Feeling unjustly treated by inside politics, he ran as an Independent Democrat in the November general election that year and was elected by only 225 votes to the Forty-sixth Congress which served from March 4, 1879 until March 3, 1881. He quickly became popular and was re-elected as an Independent Republican in November 1880 by a wide majority, upsetting the established old-guard Democratic Party once again. he Forty-seventh Congress served from March 4, 1881 until March 3, 1883. Emory followed his conscience and voted with the Republicans on several issues. In addition, he had backed the nomination of a black man by the name of Davis as US Postmaster in Athens. As a result of these actions, he lost the hotly contested race in November 1882.

Emory had made numerous Republican friends and lost many Democratic supporters while in Congress. However, his days as an elected public servant were over and his judicial career was just beginning.

 

Second Marriage After the death of his first wife in 1879, Emory4 married Eleanora D. Morgan about 1883. Eleanora was the daughter of Dr. James E. Morgan of Washington, D. C. She was born February 5, 1858 and outlived Emory by a year. Eleanora must have been

instrumental in raising Emory’s five children. The family lived in Atlanta, Savannah and Macon. Eleanora died November 23, 1919 and is buried beside Emory in the Riverside Cemetery, Macon, Bibb County, Georgia (Figure 18-5).

 

Emory the Prosecuting Attorney On March 4, 1883, the day after his last term in Congress ended, Emory4 was appointed by Republican President Chester A. Arthur to fill a recently vacated position as US District Attorney to the North Georgia Circuit Court. In order to assume his new duties, Emory moved his new wife and young children to Atlanta.

The following evaluation of Emory’s prosecuting ability is given in O. A. Park’s biographyC:

"Years afterwards, a member of the bar (Alex. A. Lawrence), while testifying against him {Emory Speer}, made this statement, ‘I believe if he had remained at the bar, he would have made one of the greatest advocates that ever lived, because he was talented in that line, and talented as I have never seen any one else. He is the best cross-examiner of a witness I have ever known. He knows the jury; knows how to play on their passions, on their prejudices, as no living man I have ever seen could do. He has a faculty of marshaling evidence that I have never seen a living man able to equal!’

District Attorney Emory Speer4 successfully prosecuted the Banks County White Cappers, an offspring of the old Ku Klux Klan that conspired to keep Blacks from voting. Although locally unpopular, this judgment created the foundation that allowed the Federal Government to protect the voter at all times. Emory’s fame carried far outside Georgia. The judgment was upheld by the US Supreme Court and formed the basis for many later court cases guaranteeing voter rights. Once again, Emory had succeeded in antagonizing many of the influential Democratic Party men in Georgia.

 

Emory the Judge On February 18, 1885, at the young age of 36, Emory4 was appointed US District Court Judge to the Southern District of Georgia by President Arthur. Over great opposition, he was finally confirmed by a one-vote margin in the US Congress. Emory served for the next 34 years until his death in 1918.

Emory began his term as US Judge in Savannah in 1885 before moving his court and family to Macon in 1887. That same year, he purchased the house known as "The Cedars" in Vineville where the family lived for at least the next thirty years. This handsome columned house was originally built by Thomas Hardeman on 8.5 acres he bought for $150. The house and 9.5 cares were sold 3 years later to Robert Coleman for $6,000. Peter Solomon bought the estate in 1840 for $4,000 and did major remodeling, adding wings on each side to give it an ‘H’ shape and four columns grouped around the inset entrance prochI. The home, which is no longer standing, was located at 2056 Vineville Avenue in Macon. It is shown in several historic Library of Congress photograhsJ and was last owned by Sandford Birdsey (Figure 18-4)

 

 

 

Figure 18-4

Speer-Birdsey House "The Cedars", Macon, Georgia. Drawn in 1998 by Edward Shanon Wood7 from a 1936 photograph.

Numerous gala events occurred at The Cedars during Judge Speer’s ownership, including the marriage of each of his five daughters. The following description illustratesI:

"Earlier stories about the home point out the glamorous entertainment’s given there: ‘Probably no home in Georgia gathered around its banquet table more notables than The Cedars, for 30 years the home of the late Judge Emory Speer and his interesting family.’

"The {Macon} Telegraph {Newspaper} said in a write-up of an 1899 reception at The Cedars for officers stationed here at Camp Price during the Spanish-American War: ‘The Seventh Regiment Band gave a concert in the spacious grounds prior to the reception and afterwards furnished delightful music for dancing.’

"‘The grand old manor house of Judge Speer in Vineville, a relic of the good old ante-bellum days, was truly ablaze with brilliant lights and illuminations’ and also a brilliant gathering of handsome men and beautiful women ....and ‘an elegant supper was served at the hour when it could be best enjoyed, and refreshments were served throughout the evening.’

"‘Most enjoyable feature of the occasion was a cake walk in which Judge Speer, Judge Felton and Col. Dan Hughes and others took part...it proved to be such an enjoyable diversion that it was generally agreed that it would become popular at all select affairs this season.’

"When that was mentioned to her a few days ago {c1960}, Judge Speer’s daughter, Mrs. A. H. Heyward, the former Marion Speer, agreed that the occasion had been a lovely party. Then she laughed and added ‘That was the evening William fell in the punch bowl.’

"William was the Speer butler for many years. Replenishing the punch bowl he dropped in a cake of ice ‘and cracked the cut glass punch bowl the Bar Association had given Papa,’ she explained. Then in his consternation he almost fell in.

"Mrs. Heyward, telling of memories of The Cedars, parties and visitors, recalled the night a burglar broke in and went to the room occupied by ‘Cousin Dan Speer, visiting from New York.’ The guest saw the man, took him for a servant, and said ‘Come on in, you can fix the fire for me now.’ The man left and took with him the guest’s new fur-lined overcoat. It was found in the swamp several years later."

The burglary victim in the above story was Daniel Norwood Speer4 (William1, John2, William3) who was a wealthy industrialist from Atlanta (CHAPTER 10).

Moving the Federal court to Macon was highly unpopular with the influential people of Savannah and caused Judge Speer problems later.

The Federal Court that Judge Speer4 inherited was extremely unpopular and mistrusted in Georgia. It had been the Federal Court itself that was so often the instrument of oppression during the dark days of reconstruction before Judge Speer took over.

O. A. Park relates the following in his biography of the JudgeC:

"Finding that the court was unpopular and regarded as the representative of a foreign power, {Emory Speer} set to work to make it worthy of the respect and the confidence of the people. One of his first acts was a thorough revision of the jury boxes so as to eliminate the professional juror and the large mass of ignorant Negroes whose names had been continued therein since the days of Negro domination. He required of the lawyers and officials courtesy and respect, not only in addressing the court, but in all their relations with each other, and with litigants and witnesses. It was his constant effort to have the people feel that the Courts of the Union were their Courts; that they were responsible for the administration of justice therein. He sought ever to revive the old American spirit, to reunite the divided country, to make the people of his native State realize that it was a member of the Federal Union. In his charges to the Grand Jury, in all his public utterances (and he took occasion wherever offered to emphasize the thought) he dwelt upon this theme, and his was the most potent voice in bringing to the people of the State the realization that the American Government was their government, its courts their courts."

Judge Speer4 presided over many landmark cases, including civil rights, prisoners rights, Railroad monopolies, interracial marriages, money lending rules, labor unions, bankruptcy, government contracts, selective service, and marine laws. He presided over some monumental criminal cases. One of his most famous cases involved the forty-year-long legal battles of the Dodge Land litigation which were finally settled in favor of local land owners.

Judge Speer4 published a well-written and highly-regarded legal reference book in 1888 that clearly explained the Judicial duties of the Federal Courts versus those of the State CourtsK.

Park’s biography continuesC:

"Judge Speer wielded a facile, powerful pen. His style, like his father’s, was ornate but remarkably lucid. His opinions are models of clearness--particularly strong in statement of facts and the marshaling of evidence. They abound in classical quotations, historical illustrations, and not infrequently sparkle with humor. In literary style, they equal the best opinions of our great judges of whatever court.

"At different times in his long career he received testimonials of a most flattering character, testimonials as to his fairness, his impartiality, his uprightness as a judge, his learning, research and acumen, his scholarly attainments, his eloquence and his wonderful power of expression. These came to him from various sources, the bar of his district, the commercial bodies of its principal cities, labor organizations, municipalities, Confederate veterans, organizations of {Black} people, newspapers, the mighty dailies, and the humble country weeklies. Through all these tributes, there runs like a silver thread constant references to his unfailing sympathy for the unfortunate, the weak and the poor, ‘the humanity which marked his judicial career,’ ‘his many beautiful acts of mercy to the oppressed’".

 

Emory The Public Speaker Emory’s considerable eloquence while addressing a group of people was reminiscent of his father Reverend Eustace Willhouby Speer3 and his grandfather Alexander Speer2. His oratory earned him fame and wide-spread recognition. Emory4 was often called on to give keynote speeches, including the following:

1871 Commencement Address, Univ. of GA, Athens, Georgia.

1880 Daniel Webster Speech, Young Men’s Library Association, Atlanta, Georgia.

1887 Commencement Address, Univ. of GA, Athens, Georgia.

1894 James Edward Oglethrope Speech, GA Sons of the American Revolution Annual Banquet, Savannah, Georgia.

1895 Keynote Address, Cotton States International Exposition, Atlanta, Georgia.

1896 Robert E. Lee Speech, Emory College, Oxford, Newton County, Georgia.

1897 Fourth of July Address, Jefferson Club of Augusta, Augusta, Georgia.

1898 Ulysses S. Grant Address, Grant’s 77th Birthday, Grant Birthday Association of Galena, Galena, Illinois.

1898 Speaker, Peace Jubilee (American victories in the Spanish- American War), shared stage with President McKinley; Chicago, Illinois.

1901 Keynote Speaker, John Marshall Day Celebration, Savannah, Georgia.

1901 Keynote Speaker, 100th Commencement Univ. of GA (Franklin College), Athens, Georgia.

1902 Robert Edward Lee Speech, Univ. of VA, Charlottesville, Virginia.

1905 Joseph Emerson Brown Speech, Commencement, Mercer Univ., Macon, Georgia.

1905 Robert Edward Lee Speech, Commencement, Emory College, Oxford, Georgia.

1908 Thomas Erskine Speech, Commencement, Mercer Univ., Macon, Georgia.

1909 Abraham Lincoln Speech, Lincoln Centenary, New York.

1910 Appomattox Day Celebration, Hamilton Club, Chicago, Illinois.

1911 Abraham Lincoln Speech, Lincoln’s Birthday, Republican Club, New York, NY.

1916 Keynote Speaker, Dedication of Confederate Memorial, Stone Mountain, Georgia.

Emory4 published a collection of his best biographical speeches in 1909L. The book includes biographies of Abraham Lincoln, Robert E. Lee, Ulysses S. Grant, James Edward Oglethorpe, Alexander Hamilton, John Marshall, Erskine, and Joseph E. Brown.

The following description of Emory’s public image is recordedC:

"Erect and dignified of bearing, with piercing eye, graceful in every movement, faultless in dress--his was a figure to attract attention at any public gathering and before any audience; while his well modulated voice, under perfect control, caught the ear, and his eloquence held the attention of any company whether in the mountains or the wiregrass of his native State, in the centers of trade and industry, or at the great seats of learning."

Lucian Lamar Knight, the great chronicler of Georgia’s statesmen, wrote the following about Emory and his 1880 Daniel Webster SpeechM:

"Than Judge Speer, there were few handsomer men. He was Alcibiades and Apollo in one and he possessed in an eminent degree the physical power which is needed to complete the orator’s furnishings. Though accustomed to hearing the great orators of Georgia since earliest boyhood, I never knew what depths of unsounded music lay hidden in some of the simplest words of the English language until I heard them on the lips of Emory Speer. One sentence lingers in memory after more than fifty years from a speech which he delivered before the Young Men’s Library Association of Atlanta, in 1880. He was speaking of Daniel Webster, ‘the fame of whose statesmanship,’ he said, ‘has illustrated the flag of our country whenever its gorgeous folds have streamed and will prove as enduring as the granite mountains of his childhood’s home.’

The 1895 COTTON STATES AND INTERNATIONAL EXPOSITION in Atlanta was conducted to show the world the ‘New South’, fully recovered and prospering thirty years after the Civil War. Judge Speer’s keynote address at the opening ceremonies on September 18 eloquently presented the facts while paying great tribute to those who had made sacrifices, including the soldiers of all wars. His concluding remarks, repeated below, emphasized his view that the outcome of the Civil War was the best for everyone, including the SouthN:

"And if we had succeeded and destroyed the Union, what then? Two powerful Anglo-Saxon nations with all the hatred and resentment resulting from separation after internecine strife could not have confronted each other across the imaginary line without frequent wars and the most exhausting preparation for them. The resources of the people would have been consumed by the expense of a strong military government. Modern forts must have bristled on every vantage on the border, modern iron-clads and batteries of incalculable cost must have guarded our harbors and our coasts. Steeped with suspicion and rankling with revenge, the great American people, divided into hostile sections like France and Germany, would have waited for the signal to ‘loose the dogs of war.’ No other condition could have been possible for the proud and resolute people of America. The blood-stained annals of our race prove this to be true. Militarism here as on the continent of Europe would have for years withdrawn the able-bodied population from the pursuits of industry, and the charms of home, and our young men, instead of pursuing productive occupations, would have wasted the best years of their lives in military servitude. The sergeant and corporal would have been substituted for the professor and the preacher. Destructive taxation would have reduced the people of this land of comfort and freedom to the level of the pauperism of Europe. Oh, my countrymen, we should be grateful to God that He spared us the calamities I feebly picture. How unwisely, I need not say, we marched down into the valley and shadow of death, but He who rules the destinies of nations was with us. His rod and His staff did comfort us, and He has restored our soles, and is even now leading us through green pastures and the waters of comfort. And here and now, not before our enemies, for thank God we have none, but before the people of the habitable globe, He spreads the table that all may come and see and know the bounties and benefactions He has showered on this favored people. And shall we not be worthy of His loving kindness, His care for our past and His provision for our future? Yea, we shall say with the psalmist of old, ‘surely goodness and mercy shall follow us all the days of our lives, and we shall dwell in the house of the Lord forever.’"

Emory’s 1898 Ulysses S. Grant Address on the occasion of Grant’s 77th birthday on April 27, expresses not only his oratorical eloquence but also his firm belief that the North and South had settled their differences and were now united as equal partners. Judge Speer, the great Southern spokesman at the time, was invited to speak at this celebration for the Federal General who was victorious over the South in the Civil War. April 27, 1898 was a tense time of pending war with Spain and President McKinley had called for volunteer soldiers only four days earlier. The address is given belowO:

 

Ulysses S. Grant

"For the life of a mighty nation thus conceived by the patriots and sages of the Revolution and nurtured by the providence of God, this great American fought. It was for this, at Shiloh, with the river at the back of his torn and bleeding battalions, he scorned the thought of retreat. It was for this at Vicksburg he braved the miasma of the swamp, and the roar of the crevasse, until the levees along the river were but cities of the dead. For this he dared to cross the turbid floods of the Mississippi and like Caesar at the siege of Alesia, interposed his command between two armies. For this he stormed the face of Mission Ridge. For this he led the massy columns of his brave soldiery into the gloomy shades of the wilderness, and entered upon the year of battles when the rifles were never voiceless and the dread artillery was scarcely hushed. To this silent man, in his youth and simple young manhood, who had been evolving powers of which he himself was not aware, was accorded in the second year of his leadership the greatest military command under government the world has ever known. That his armies were tremendous is true, but other generals trained like him, with equal opportunities, had equal armies and they had all failed even as the sons of the ancient Hebrew passed before the prophet of God, and Samuel said: ‘The Lord had not chosen thee, but when David came, the Lord said arise, anoint him for this is he.’ And had he not foremen worthy of his steel? Who so ready as he to record his estimate of their constancy and their valor? The sincerity of their convictions he did not question. Here in his imperial state where the nobility of young manhood has given ‘bond in stone and ever during brass to guard and to immortalize’ the ashes of the Confederate dead, here where lived your great commander who in his last recorded words declared that they deemed their principles dearer than life itself, it needs not that I should laud the manhood or defend the sincerity of Southern men. No affront would he permit, when they stacked arms, to the worn and wasted veterans of Lee. The great commander was in battle their sternest foe, their gentlest victor in defeat. ‘They are our countrymen now,’ he said to his gallant soldiers before the last wreath of smoke had floated away from the firing lines at Appomattox. How he kept his soldierly word to General Robert Edward Lee when the parole of that great soldier was threatened will forever endear his memory to Southern men. We are brethren now, shoulder to shoulder, under the glory-bright ensign of our common country, and I thank God that with the clear vision of the dying the noble patriot whom we commemorate today, lived to this truth. In simple phrase and infinite pathos he wrote: ‘I feel that we are on the eve of a new era when there is to be great harmony between the Federal and Confederate. I can not stay to be a living witness to the correctness of this prophecy, but I feel it within me that is to be so. The universal kind feeling expressed for me at time when it was supposed that each hour would prove my last seemed to me the beginning of the answer to "Let us have peace."’ With such emotions in his heart, this great American died.

"And, my countrymen, his prophetic words were true. Now in our country’s need we are a reunited people. His magnanimity to Southern men, his soldierly fidelity to his great adversary has found its reward in the devotion to his country of that other Lee, who amid the curses and the treachery of the stealthy Spaniards, the pestilence among their victims and the cruel massacre of our sleeping sailors, with consummate courage and manliness has maintained the honor of the flag. Far to the South in the State of my birth and my love, in a park in beautiful Savannah, where soft winds from the Atlantic rustle the palms, swing the silver censers of the acacia, and disperse the fragrance of the magnolia and the rose, noble men and gentle women have reared a monument to the Confederate dead. On its face, taken from the grand poetry of Scripture, are these words:

Come from the four winds, O Breath,

And breathe upon the slain, that they may live.

"The prayer has been granted. They live, oh, my countrymen, they live in millions of their gallant sons and kinsmen, quickened into life and power as American citizens by the generosity of Grant, and the magnanimity of the nation he served, and in the day of our country’s need, under the flag of our fathers, in even line with the veterans of the Union, and the noble manhood of the North, the ground shaking with their measured tread, and the cries of the enemy drowned by the rebel yell, clear the way with their flaming volley, they will bear down upon our country’s foe. Then the truth will be seen of all men that the union which Washington fostered, and Grant did so much to save will be indeed perpetual, the greatest citadel of civil and religious liberty on earth, a glory to the Most High God and a blessing to humanity in all the years to come."

Emory described himself as "Ever an advocate of the re-unification and fraternal relation between the people of our once dissevered land..."P. He often expressed his credo: "He best loves and serves his State, who country loves and serves the best"P.

 

Emory Almost Makes Supreme Court Justice Judge Emory Speer4 was twice considered for appointment to the US Supreme Court, but circumstances beyond his control intervened and the appointments never materialized.

 

Charges Against Judge Speer Late in his career, charges of improper behavior were made against Judge Speer4 by several of his enemies, particularity people who had lost financially due to his court judgments and influential Savannah men who still felt shorted by the court being held in Macon. In 1913, the US Congress responded to the charges by launching an investigation into the Judge’s official conduct. The chief complaint accused the Judge of tyranny, overbearing, arbitrary and oppressive conduct including using the court for his own personal benefitQ

"With the most rigid scrutiny of Judge Speer’s record of thirty years on the Bench the committee found nothing to justify impeachment, but gave a verdict of censure, although a minority favored complete exoneration.

"Judge Speer was allowed to remain on the Bench, but Congress created a new judgeship in the Southern District of Georgia..." to serve Savannah.

In 1914, Emory4 defended himself by writing a comprehensive review of his career in a 319-page document entitled: Statement and Reply of Judge Emory Speer to House Resolution No. 234. Included are dozens of supporting testimonials signed by hundreds of his friends.

 

Death Judge Emory Speer4 died December 13, 1918 at the age of 70 in Macon, Georgia. He is buried beneath a beautiful four-column white marble gallery in the Riverside Cemetery in Macon (Figure 18-5).

 

 

Figure 18-5

Tombstones of Emory Speer4 (1848-1918) and Eleanora D. Morgan (1858-1919). Riverside Cemetery, Macon, Bibb County, Georgia.

  

Children Emory Speer4 and Sallie Dearing had five daughters:

Born Died

1) Lulie Speer unknown After 1918

2) Dau2 of Emory Speer unknown After 1918

3) Ann Middleton Speer 26 May 1872 10 Aug 1940

4) Marion Sherwood Speer 11 May 1874 28 May 1970

5) Sally Dearing Speer 4 May 1876 16 Jun 1959

 

1) Lulie Speer5 (William1, Alexander2, Eustace3, Emory4) was married March 14, 1901 to Samuel Tower Crecelius. The ceremony took place at The Cedars in Macon, Bibb County, Georgia. Samuel Tower Crecelius was living in Kentucky in 1919 when he was chosen by the Jefferson Davis Memorial Association to design a monument to the Confederate President, to be erected in Davis’ birthplace in Fairview, Christian County, Kentucky. Crecelius was described as "...an engineer and architect of great ability, who had laid out Yellowstone Park for the government."R

2) Dau2 of Emory Speer5 (William1, Alexander2, Eustace3, Emory4) married William Aubrey at The Cedars in Macon, Bibb County, Georgia. She was living in San Antonio, Texas in 1918.

3) Ann Middleton Speer5 (William1, Alexander2, Eustace3, Emory4) was born May 26, 1872. Ann Middleton married John Howard Burr on July 20, 1893 at The Cedars in Macon, Bibb County, Georgia. The ceremony was performed by her grandfather Reverend Eustace Willhouby Speer3. Ann Middleton and John Howard had a daughter Eleanor Burr6 (William1, Alexander2, Eustace3, Emory4, Ann5) who was born February 2, 1898 and died August 21, 1932. Eleanor is buried in the Emory Speer family plot in the Riverside Cemetery in Macon (Figure 18-6). Anne Middleton later married Eugene Anderson. Ann Middleton died August 10, 1940 and is also buried in the Emory Speer family plot in the Riverside Cemetery in Macon (Figure 18-6).

 

 

ELEANOR

DAUGHTER OF ANNE SPEER

AND JOHN HOWARD BURR

FEB. 2, 1898

AUG. 21, 1932

 

ANNE SPEER ANDERSON

MAY. 26, 1872

AUG. 10, 1940

 

Figure 18-6

Tombstones of Eleanor Burr6 (1898-1932) and Ann Middleton Speer5 (1872-1940). Riverside Cemetery, Macon, Bibb County, Georgia.

 

4) Marion Sherwood Speer5 (William1, Alexander2, Eustace3, Emory4) was born May 11, 1874. She married Andrew Hasell Heyward, Sr. at The Cedars. Andrew Hasell was born January 11, 1883 and died May 9, 1953. Marion Sherwood died May 28, 1970 and is buried beside her husband in the Emory Speer family plot in the Riverside Cemetery in Macon (Figure 18-7).

 

 

MARION SHERWOOD SPEER

WIFE OF

ANDREW HASELL HEYWARD

MAY 11, 1874

MAY 28, 1970

 

ANDREW HASELL HEYWARD

JAN. 11, 1883

MAY 9, 1953

 

Figure 18-7

Tombstones of Marion Sherwood Speer5 (1874-1970) and Andrew Hasell Heyward, Sr. (1883-1953). Riverside Cemetery, Macon, Bibb County, Georgia.

 

Marion Sherwood Speer5 and Andrew Hasell Heyward, Sr. had four children:

Born Died

4-1) Marion S. Heyward6 unknown unknown

4-2) Andrew Hasell Heyward, Jr.6 unknown unknown

4-3) Emory Speer Heyward6 3 May 1904 23 Mar 1990

4-4) Eustace Willoughby Speer Heyward6 c1912 10 Jan 1991

4-3) Emory Speer Heyward6 (William1, Alexander2, Eustace3, Emory4, Marion5) was born May 3, 1904 and married Eugenia Louise Powell. Eugenia Louise was born February 14, 1904 and died September 1, 1980. Emory Speer Heyward6 died March 23, 1990 and is buried beside his wife in the Emory Speer family plot in the Riverside Cemetery in Macon (Figure 18-8).

  

EMORY SPEER HEYWARD

MAY 3, 1904

MAR. 23, 1990

 

EUGENIA LOUISE POWELL

WIFE OF

EMORY SPEER HEYWARD

FEB. 14, 1904

SEPT. 1, 1980

 

Figure 18-8

Tombstones of Emory Speer Heyward6 (1904-1990) and Eugenia Louise Powell (1904-1980). Riverside Cemetery, Macon, Bibb County, Georgia.

 

4-4) Eustace Willoughby Speer Heyward6 (William1, Alexander2, Eustace3, Emory4, Marion5) was born about 1912 and died January 10, 1991. His daughter Marcella Heyward7 (William1, Alexander2, Eustace3, Emory4, Marion5, Eustace6) married a Mr. Kuykendall.

5) Sally Dearing Speer5 (William1, Alexander2, Eustace3, Emory4) was born May 4, 1876. She married Capt. Matt Howland Signor at The Cedars on May 10, 1900. The ceremony was performed by Charles H. Strong, Rector of St. John’s Church, Savannah, Georgia. Sally Dearing Speer died June 16, 1959 and is buried in the Emory Speer family plot in the Riverside Cemetery in Macon (Figure 18-9).

 

 

SALLY DEARING SPEER

WIFE OF

CAPT. MATT H. SIGNOR

MAY 4, 1876

JUNE 16, 1959

Figure 18-8

Tombstone of Sally Dearing Speer5 (1876-1959). Riverside Cemetery, Macon, Bibb County, Georgia.

 

 

NOTES FOR CHAPTER 18

  

A Jarvis, G. H., 1981, p. 40.

B Undocumented family stories.

C Park, O. A., 1919, p. 103, 105, 107, 112, 117 & 119.

D Confederate Veteran Magazine, v. XIX, no. 11, 1911, p. 534.

E Davis, W. C., 1980, p. 250-1.

F Rice, T. B., 1961, 475.

G Dowell, S., 1958, p. 390 & 401.

H Speer, Emory, 1897.

I Speer, Emory, c1960.

J Photograph Collection, Washington Memorial Library.

K Speer, Emory, 1888.

L Speer, Emory, 1909.

M Knight, L. L., 1933, v. IV, p. 306-7.

N Cooper, W. G., 1896, p. 108.

O Hart, M. A., 1929, p. 265-7.

P Speer, Emory, c1914, p. 318-9.

Q Cooper, W. G., 1938, p. 441.

R Confederate Veteran Magazine, v. XXVII, no. 11, 1919, p. 408.

S Hull, A. L., 1901, p. 121.