Page:The Green Bag (1889–1914), Volume 05.pdf/148

Rh in the General Assembly of 1821 from Jefferson and Greene Counties, he was chosen by that body to succeed Judge Emmerson, who resigned in 1822. He was a man of culture, and paid much attention to painting and music. Zoology and mineralogy were passions with him. He was widely read and a most entertaining talker. His strongly marked features accurately portrayed his characteristics.

His opinions were always forcibly written, often with a touch of humor. Judge Catron, in the case of State vs. Smith & Lane, 2 Yerger, 271, had, in holding that the selling or buying of a ticket in a private lottery was gaming within the meaning of the statutes of Tennessee, written a fierce philippic against gambling of all kinds, rehearsing its direful results, and describing vividly the scenes at games of faro, hustlecap, loo, the thimble, grandmother's trick, and other games, and finally instituting a critical comparison by analogy between faro and a lottery. His vigorous personality often led Judge Peck to dissent. He could not concur in the conclusion reached by Judge Catron, and he closed his dissent with this sly allusion : — "It is said that a similarity may be traced between lotteries and some of the methods or plans pursued in gaming: that it depends on hazard and chance. ... I speak of the subject of gaming with diffidence. My habits have never led me into it, even so far as to learn a single game beyond the back gammon board; and even on that I have never attained so much skill as to venture the smallest sum, though sometimes I may have purchased lottery tickets."

Before the appointment of an official reporter, Judge Peck had supplemented the labors of Judges Overton, Cooke, and Haywood by publishing a volume of the decisions of the court.

In 1823 the number of judges of the court was increased to four; and William L. Brown, then one of the leading lawyers of the State, was elected as the additional judge. He resigned, however, in July, 1824. At that time the number of judges was increased to five. John Catron was elected in the stead of Judge Brown; and Hugh Lawson White, who had just finished his labors as Commissioner under the Spanish treaty, and was shortly to become United States Senator, was elected to fill the newly created office, but declined it. Governor Carroll appointed Thomas L. Williams to the vacancy, but he likewise refused to accept the office. The Legislature then declined to elect any one to fill the place, and the bench remained with only four members. On the death of Judge Hay wood in December, 1826, Henry Crabb was appointed in his stead, but he died during the year 1827. The Legislature then reduced the number of judges to three, but increased it again to four in 1831. when Nathan Green was made an associate justice, and John Catron made Chief-Justice. The court was constituted until 1834 of Judges Catron, Whyte, Peck, and Green.