THE LIFE OF

CAPT. JOE H. FUSSELL

 

BY MARGARET ROBERTS FUSSELL

 


This little book was written and compiled by Mrs. Fussell
and the net receipts from the sales will go to her ac-
cording to a specified written contract with her.
The price of the little book is 50 cents.

 


 

MAY, 1916
PUBLISHED BY THE CUMBERLAND PRESS;
NASHVILLE, TENN.

 


 

INTRODUCTORY.

The regret of my husband's declining days, was the unfinished state of the church in which he worshiped. The wish, upon my part to accomplish this great desire, has prompted me to send this little volume out into the world, with the hope, also, that many may be induced to emulate his example, as a true Christian gentlemen. These motives have moved me to choose this medium through which to solicit the help of friends in publishing this book, just a simple story of his life, simply told. In as much as we traveled the years so long together, it has been almost impossible to eliminate myself entirely, but I have tried to do so as much as possible.

MARGARET ROBERTS FUSSELL.

 


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A SIMPLE TRIBUTE TO MY HUSBAND.

Thou didst remember in days of youth
  The Ruler of all mankind;
And God fulfilled his promise true,
  And length of days was thine.
Near fourscore winters of storm and stress
  Had silvered thy raven hair,
Near fourscore summers with wealth of bloom,
  Stole not thy form, so fair--
And tho' the "Almond" blossomed white
  The "golden bowl" broke not;
Strong was the "silver cord", ne'er "loosed",
  So rare to mortals lot!
Of the Master's work thou didst not tire,
  But faithful to the last;
To the church of God, was ever true,
  To its tenets e'er held fast.
Thy faith increased, as floating down
  The river of time so deep,
The wings of God's love were as sails so true,
  That wafted thee to beautiful sleep!
"Somewhere in the sunlight of God's love",
  Thou art viewing His wonders o'er'
Thy reward will be great, and "face to face,"
  Thou'lt see Him ever more.
                                                      M. R. F.


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HISTORY.

Hon. Joseph H. Fussell was born in Maury County, Tennessee, in 1836. The only son of Henry Barrett Fussell, and Eliza Carolina (Kincaid) Fussell.

His paternal grand-parents, John Fussell and Polly (Fitts) Fussell were English.

His maternal parents, Joseph and Eliza (McLeece) Kincaid, were Scotch Irish.

His maternal grand-father, Joseph Kincaid, one of the first settlers of Maury county from Kentucky, married in that state, Eliza McLeece at the home of Mr. Clay, an uncle of Henry Clay, the latter being present at the wedding.

Joe H. Fussell attended Jackson College, a noted Institution in Columbia, which was burned by the Federals during the late Civil war.

He graduated from this College with degrees, A.B., 1858, and later A.M., delivering the valedictory in Latin on that occasion.

When quite a boy he learned the carpenters trade under his father, an architect, and contractor, and they together built some of the finest houses of that day and time, in and around Columbia, Tennessee.

Later on he taught school three years, studied law under A. M. Looney, Judge A. O. P. Nicholson, and


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Judge William Martin. Admitted to the Bar in 1860. Entered the Confederate service April 19th, 1861, 1st Tennessee Cavalry C. S. A. Sworn into service 17th of June of same year. Was in command of Co. E. 1st Tennessee Cavalry until the surrender.

He was Past Master of Free and Accepted Masons: Past Grand Commander of Knights Templar of Tennessee, having been Eminent Commander for five years. Organizer of Knights of Pythias in Columbia, Tennessee, holding for six years the office of Chancellor Commander.

He was elected Attorney General of 9th Judicial Circuit of Tennessee in 1870, holding this office for sixteen years, (two terms.) In 1873 he was married to Mrs. Margaret Roberts Porter, daughter of Capt. Wm. Tate Roberts, and grand daughter of Gen. Isaac Roberts. Nominated for Governor of Tennessee on state credit and prohibition platform in 1882, by the "Sky Blue" Democrats.

 

AT HOME.

Our home was called Resthaven, and truly it was a haven of rest for him! He enjoyed his home more than any one I ever knew; seeming to throw off all business, giving himself up to the pleasures our dear home brought. Nothing gave him more delight than


page 6

entertaining his friends. He would wander over the place, watching the birds of which he was unusually fond, knowing their habits and most of their names. Never allowed game of any kind to be killed, consequently the large forest trees sheltered many feathered songsters.

Although he was away from home a great deal, I never left him but once during our long married life--I spent two weeks in Chicago, and while there he sent me a box of Hyacinths from our front yard, with two verses of original poetry, which I trust I shall be pardoned for quoting here.

"I send you, my dear a box of flowers,
  'Twill remind you of earlier younger days;

When compliments and smiles were rendered in showers,
  With music and love in harmonious lays.

But the grey year's love is far more sweet,
  Made strong and beautiful by yesterday's years.
One thought, one aim has guided our feet,
  With oneness akin to the "music of the spheres."


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One shining quality possessed by him was his devotion to his parents, especially to his mother, who was widowed many years since. To his sisters, was ever kind and affectionate and they always depended upon his judgment and counsel.

Children came to see him, was a great favorite with them, owning to his magnetic and gentle manner. He always made friends of them.

 

AS A STUDENT.

He was a close student, always at the head of his class-Exceptionably fine Green scholar, and excelled in Latin. On the play ground he was a great favorite--could "jump farther, and could jerk a stone farther than any of his class mates. Never mischievous, and was always willing to assists any boy with his lessons. Was never quarrelsome, but ever ready to act as peace-maker."

 

AS A LAWYER

Judge Fussell was a forcible speaker, and from his long experience as Attorney General, was enabled to win most of his cases. Well informed, keen, analytical, practical, eloquent, he handled his cases remarkably.


page 8

He was incorruptible, even in his campaigns, he never resorted to under-hand methods to gain votes, but always advised his friend to "play fair."

So able was he, that he was called to practice in other state, engaging in some of the most noted criminal cases of his time. He was a magnetic speaker, and always held his crowd. It is to be regretted that he left no written speeches. He rarely ever wrote one--only headings. As an impromptu speaker, he was without a peer, swaying his audience, (often in tears) at his will.

Vigorous of indomitable energy, and strong will power, he never swerved from what he thought was right.

He was popular with the bar, and will long be remembered by them as an able, fearless conscientious practitioner. A lady said to me, "Capt. Fussell wrote my will, I asked him how much I owed him for the work." He replied, "Nothing Madam, I have never yet charged a widow for anything, and I am not going to begin now."

 

AS A PATRIOT AND SOLDIER.

As a soldier in the Confederate army, he rendered valiant service both as a private, and an officer. He was brave and gallant, experiencing many nar-


page 9

row escapes and thrilling scenes. While he participated in one hundred and nineteen engagements, he never received a shot; but at Thompson Station his horse ran him into the enemies lines, and while bullets whistled around him, they did no more damage than cutting off some of his young whiskers. He lost his hat and feather, but worried more over the loss of his beard. It seemed almost a miracle that he was not killed, for as he said, the shot rained around him "like a shower of hail", but in his wild ride, (for he never rode anything but a fast horse), his left foot was crushed in some way, he never could tell how, and he suffered sometimes intensely, all of his life from it.

I write this little sketch of some of his experience in the war of which he often told stories around the fireside. These are his words: "I was sworn into service the 17th of June, 1861. My company was commanded by Capt. John B. Hamilton. I was a private. I went with the first troop to Bowling Green, Ky., served throughout the first Kentucky campaign. Breckenridge was Brigadier General." "After the battle of Fort Donelson, I served through all the early campaigns in Tennessee and through North Alabama. Was in active service in and around Shiloh and Corinth, Miss. It was at Shiloh, that I and a comrade were cut off from our Com-


page 10

mand and we remained on post of duty five days and nights without a morsel to eat, or a drop of water. We had been placed there on picket, and I suppose they forgot to relieve us. We were cut off by the Yankees; they camping pretty near us. We didn't dare leave our post and were afraid to move about. The first night we got a scare--we saw something white not far from us in a dense thicket; it seemed to move about, but made no noise. We whispered to each other that it surely was a ghost, but daylight revealed an old family burying ground and the ghost was the leaves shaking up against a white tombstone. We were under fire every day, the tress were riddled with bullets, and as for our horses, poor things they were literally eaten up by the gnats--they were perfect sights--of course they died after reaching camp. I have most forgotten the particulars, it has been so long. We got so we didn't want anything to eat, our mouths and tongues were so swollen and sore from chewing oak leaves--I have most forgotten but I think this was the way of it--I left him up there, and I made my way down to find our boys, and he was to be sent for, if I didn't get killed. So as I crawled into camp everyone was surprised, they had given us up for dead, or thought we had been made prisoners. Well, they worked over me, rubbing, and giving me just a spoonful of


page 11

water at at time, and just half a biscuit. For several hours I was kept under this treatment, and finally I thought of my poor comrade left up on the picket line, and told the boys to send for him, which they did. What we regretted most was that our faithful brutes died after suffering agonies all those days and nights. But such is war. I was carried into Corinth and was fed very sparingly for several days. I slept off and on until I got strong again. I had a nurse. Looking back now, I don't see how it could have been possible for us to have lived through those days. We could not sleep for fear of the enemy. We could not move about, or make the least noise, so day after day we sat and chewed oak leaves, or the bark from the limbs, expecting every hour to be relieved by our boys, or to be killed by a stray bullet. Oh! it was a horrible experience, the worst I ever went through during the war."

"After that, I was in all the engagements around Corinth. From there we retreated down south in Mississippi." I had charge of the picket lines most of the time at Baldwin. Was with General Price, ("old pap" as he was called by all the boys.) I had charge of rear guard on retreat through Walter Valley and Oxford, Miss. Had charge of the squad who carried the Flag of truce to General Grant at Coffey-


page 12

ville, which held his forces by planting my flag in the middle of the road until nightfall, in order to give our troops the advantage of the water. Fine water. I went with General Armstrong's Brigade to Grenada, Van Dorn's Division, from which point General Van Dorn left for his raid on Holly Springs."

"I was Aid-De-Camp to General Armstrong's Brigade on that raid, and it was here that I captured the spy, that would have ruined us by losing Holly Springs, We were going to this place, I was upon the roadside, lying down, with my head resting on my saddle, and my horse was grazing near me. The sun was going down and it was a quiet peaceful scene, when I happened to look up, and I saw coming down the road a rather tall nice looking young man, dressed in a new Confederate uniform. I sat up then, but he saluted carelessly, and was passing by; somehow, I felt that he was not a true Confederate. I said "Halt"--he stopped of course. Said I, "which way are you going?" He said, "I am looking for a horse to ride. I have just come from the hospital, and I want to get to my command." "But," said I suspicioning something wrong--"you are going the wrong way, you are going away from the command." I saw in a moment that he knew he had blundered, but he braved it out. Then he said, "I thought that I would go out


page 13

here and get me some butter-milk. I know the boys will give me some." I very quietly, but firmly said, "stop right where you are, you are not going out." His face paled, and he trembled, but he never said another word. I then called up an orderly Sergeant, C. C. Vaughan and ordered him to carry a note and the young man, up to General Armstrong's headquarters. Soon he returned with this order to me. "Select six men, load each gun but one, dig a grave, blindfold this young man and shoot him." "I was sorry for the young man, so I said to him," you know the fate of a spy, but I am sorry for you--if you give me your name and have anything to say, or to send to your friends, I promise you upon the honor of a soldier, I will do my best to find them and send them anything that you may give me," but he shook his head; so they led him off--my orders were to "give him time to pray if he wants too", and so, just as the sun was going down, I heard the firing off in the woods, and I knew this promising youth was no more. No one ever knew where he came from, or his name. I felt bad for a little while, but soon learned that this boy (for he was not much more) would have ruined us. He had in his boots the full number of every command and all our plans for the attack next morning at Holly Springs.


page 14

At daylight we went marching into the town and surprised the whole gang. They were asleep in their tents, and we had a gay time pulling them out of their nice cots with their night clothes on. We captured the whole bunch. "Gen. Grant's train moved out for Corinth, as we rode in and if we had been twenty minutes sooner we would have gotten him. Everything, the entire force of Yankees was captured; with all their stores."

Out on the "Cold Water Road" about half a mile from the square, a force of Yankees charged into our lines cutting off Col. Wheeler myself, and two Couriers. Wheeler was commanding Armstrong's Brigade at that time. A volley was fired into us, Col. Wheeler was wounded, and the horses of the Couriers were killed. About twenty-five of this squad charged us, and cut off Wheeler and myself from the command. Wheeler made his escape around a garden fence and into the town, while I had a duel with a big fat Dutchman. We were twenty feet apart. His first shot, went wild. This gave me time to draw my pistol, I begged him not to shoot me, as I felt I was a prisoner, and told him if he raised his gun I would kill him, (I was a good shot.) My entreaties were of no avail. He vigorously sought a chance to shoot (our horses were prancing around), and just as he dropped his gun


page 15

on me, I quickly fired--well, he fired not in return. Knowing my life would pay the forfeit, I wheeled to the left and started full speed down the "Cold Water Road", within the lines of the enemy, followed by the entire squad of twenty-five or more Yankees yelling like mad men every step. they yelled like old time Negroes calling hogs. I was on my favorite steed, Caesar--pure copper bottom blood--in one half mile I gained seventy-five yards on them. In the "Cold Water" bottom I ran into a dense fog--couldn't see fifteen feet ahead of me, I turned to the left, and found myself in an open field. I stopped and waited for them to pass through the fog, still yelling, and I could hear the splashing of water as they crossed the creek, and they still went on. I then rode through fields until I came to higher ground out of the fog, where I found many soldiers wandering through the fields, as if not knowing where to go. They seemed confused and did not know what to do. I was wearing a long gray cloak with a blue lining. In my extremity, I turned the blue side out, and every Yank I met I would order back from the town. They thought that I was one of their officers."

"When I came to the street north of the square, and struck the street in a low part of ground, I again came into another dense fog. Finding the


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fence down, I rode out into a street and came square upon a squadron of Infantry, standing in a line, arms grounded. I saw they did not recognize me as a Confederate, so I put on a bold front, saying, "Who is in command of this squad?" They pointed him out to me. He at once came up and saluted, "Said I, don't you know that you are surrounded?" Said he, "I am waiting orders." Without a moments hesitation, I ordered them to "Shoulder Arms," then wheeled them by fours to the left, ordering them to "Double Quick March." This they did in full military style. They way was now clear. I rode into Holly Springs just in time to engage in a skirmish with a squad of Cavalry in rear of the stores on the north side of the square--(I'll tell you of this another time.) After leaving Holly Springs for a few miles, I spent the balance of the day paroling Yankee prisoners, and a glad looking set they were." Now I heard from my Dutchman, he was not killed. If I killed a man during the war I didn't know it.

 

AS A TEMPERANCE WORKER.

As has been said in another article, he was one of the first to advocate regulation of the liquor traffic. He canvassed the State thoroughly--making Prohibition speeches of great force. He was Presi-


page 17

dent of the "Amendment Work" in Tennessee, which was to leave the question with the people in popular vote, but those days the temperance cause was very unpopular, consequently the measure was defeated.

He was an avowed temperance man, and held to that as long as he lived. After his defeat he received a great many letters. I quote a few to show how his work in the Prohibition cause was appreciated:

                                    Nashville, Tenn., Nov. 10, 1882.
Capt. J. H. Fussell,
   My Dear Sir: The press, the purse, the sword--for there has been in Tennessee a political reign of terror, has beaten you, but you have made friends and reputation, and I would rather have the record you have made in the past few months than to wear any crown that human agency can devise, obtained through the devices, and with the appliances employed to defeat you.
                                               Your friend,
(GOV.) JAS. D. PORTER.

                                   Nashville, Tenn., Nov. 10, 1882.
Dear Sir: I thank you for the grand display of moral courage which you exhibited in this canvass just closed.


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   You have set an example which will not be lost on the young men of our state, in whose hands must rest her future weal or woe.
   You have borne the banner entrusted to you, as only a true man could, and have returned it pure and spotless.
                      Your true friend,
                                                  J. J. MARTIN.

                                    Nashville, Tenn., Nov. 10, 1882.
Joseph Fussell, Esq., Columbia, Tenn.
   Dear Sir: The fight is over, but as regards right, we are still wearing our flag. Your followers feel that they had a true-gallant leader--one whom they are proud of--and one who presented truth honesty and temperance plainly and boldly.
   You have not lost anything in this campaign and have the consciousness of knowing that you did your duty faithfully.
          J. B. O'BRYAN.

                                      Murfreesboro, Tenn., Nov. 9, 1882.
   My Dear Brother Fussell: The battle has been fought and the result declared, but by the grace of God the war is not over.
   Intemperance is an evil which will be put down, hence your cause must win it may be years, but it is bound to win for God's hand is in it.


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   The Christian people of this state owe you a debt of gratitude which they can never repay. I am glad there is one man who has the moral courage to oppose this whiskey iniquity of this country, and I am glad that your name will appear in history just as it does. I wish mine were written right along by the side of yours.
                                     Your friend,
                                            (REV.) J. H. WARREN.

 

A PORTION OF A LETTER FOUND AMONG PAPERS.

Dear Sir: The evils arising from the use of intoxicating liquors in the election of officers of county or of state, are seen and felt in every department of the execution of the duties of the office thus won, and the damage not only recoils upon the head of him who, in a drunken state sold his vote, but also visits the home and interests of him who silently cast his opposing vote.
   The influences which produce the officer are the influences which move the officer, and that influence does not cease to be exerted upon the performance of every important duty of that office.
   Why should we be surprised when his conduct clearly demonstrates the fact that he is not unmindful of the power which made him, and seeks oppor-


page 20

tunites to manifest his unfeigned gratitude? Hence, liquor shops are powers in the land; and "Jug Groceries" set up under the eaves of the ballot box, steal therefrom the dear hopes the people have therein, and undermine the very foundations of society and government.
   To remedy--seek by the strong arm of the law of the land, to bring to punishment any person who directly, or by aiding or abetting, dares to violate any of the statutes which should stand as safeguards to the ballot box, and the right of the citizen. Again, the evils above spoken of, owe their existence in a great measure to the encouragement and countenance given by those regarded as "Standard Bearers." Hence, the importance of placing the standard in the hands of men who can bear it in the face of the enemy without reproach. The examples of whose lives, whether young or advanced in years, may possess the power without open denunciation, to correct the errors which have caused so great concern and threatened such dire consequences to the country. The strength and energy of the youth of the land are demanded in the solution of this problem.
   When purity of thought, and purity of principles, and a strict adherence to same, when the "office seeks the man, and not man the office," have inter-


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posed and supplanted the familiar scenes of intemperance, bribery, and corruption, and not 'till then, will the pillars of society be secure, and the foundations of Government be sure, upon which to build.
                                    I am yours respectfully,
                                                         JOE H. FUSSELL.

 

AS A CHURCH WORKER.

It is scarcely worth while for me to try to tell what he did for the Cumberland Presbyterian Church. Others can do that better than I. But this I know; no man ever took more interest in church and in Sunday school, than he. He never missed any church service willingly. Was nearly always at his post of duty. When our church was rent asunder, he felt it keenly, and after one of the first meetings held in Nashville in its interest, he came home and said to me, "I am going to devote the rest of my days to the saving of our church; this will be my life work." His face beaming with the high resolve. And truly he did give all of his time, thought and means, to this cause. After he began to get feeble, I remonstrated with him, saying, that the Lord did not require him to kill himself working. He looked earnestly at me, and putting his hand upon my shoulder said, "Don't hinder me Margaret,


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this is my life work." Ever after that I just lived in his reflection--content to stay at home and "take care of the stuff" while he went out to battle for his Lord.

For nearly a year he was not able to write much, I did most of his work on the "minutes of the different church organizations; answered all of his letters, and helped him all that I could. While not able to sit up in bed but a few minutes at a time, he would try to finish up his "minutes" in time for the Presbyteries and Synods. I found a beautiful piece of poetry, called "The Bird With a Broken Wing," by Miss Dromgoole, I read it to him, I saw that it made an impression on him, and holding out his hand he took the lines, looked over them, then raising himself in bed, said, "Listen," he then recited from memory the last verse.

   "Save that piece." So I did:--
   "And I love to think when the heart of Pain
   In the shadow of night bides near,
   And I flood the dark with a rapture-strain
   That it reaches God's list'ning ear;
   That his great heart throbs to the song I bring,
   And He knows His bird with a broken wing."

He had the finest memory of anyone I ever saw, never took him but a few moments to memorize


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anything that please him. He was fond of reciting this, Joaquin Miller's, "Is It Worth While?"

"Is it worth while that we jostle a brother,
Bearing his load on the rough road of life?
Is it worth while that we jeer at each other
In blackness of heart?--that we war to the knife?
God pity us all in our pitiful strife!"

The last time that he ever made a talk in church was at Mt. Nebo, while we were staying at Wayland Springs. Rev. Mr. Porter had just closed a splendid sermon and asked if any one wished to make some remarks. He tottered to his feet, and as usual, made one of his glowing speeches, and closed, by reciting the last verse of that poem, "The Bird With the Broken Wing." He compared himself to the bird with the broken wing, and that "God knew his bird with the broken wing." It was very affecting, and I think no one who heard him that day will ever forget that pathetic figure in grey, swaying to keep himself steady, as he said he "never missed an opportunity to speak for Christ, and was always glad to do so." I shall never forget it.

After he became feeble and it tired him to read aloud, I read to him, and we were going through the Bible the second time. This prayer I found pinned in his Bible.


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A PRAYER.

"Oh, most merciful God, cast me not off in the time of my old age; forsake me not if my strength faileth. Make my hoary head to be found in righteousness. Preserve my mind from dotage and imbecility, and my body from protracted disease and excruciating pain. Deliver me from despondency in my declining years, and enable me to bear with patience whatever may be Thy Holy will. I humbly ask that my reason may continue to the last, and that I may be so comforted and supported, that I may leave my testimony in favor of the realty of religion, and of Thy faithfulness in fulfilling Thy gracious promises. And when my spirit leaves this clay tenement, Lord Jesus, receive it. Send some of the blessed angels to convey my inexperienced soul to the mansions which Thy love has prepared; and oh may I have abundant entrance ministered unto me into the kingdom of our Lord and Savior Jesus Christ."--Archibald Alexander.

He was the bravest man in sickness I ever knew. Having had a very strong constitution and always enjoying the best of health, it was wonderful how he endured the pain, the sleepless nights, the intense suffering which came to him the last years of his life. His patience was marvelous! never mur-


page 25

mured--but often said, he was going through. Even though suffering often, he would sit under the beautiful vine clad tree, with the sun shimmering through its foliage, that we both loved so well, noticing the different flowers, and inhaling their perfume--the borders of violets with their sweet little lips filled with dew, or the golden buttercups nodding in the breeze--the whole yard that spread out like an immense soft-tinted rug, with amber, olive, purple and gold, was enjoyed by him--Oh! those days!--They have vanished as silently and completely as the mist before the sun--or the fading of a beautiful dream. Like unto a lone traveler lost in the desert sands. Alone in the cold grey dawn of old age without a guide.

Out on a trackless ocean, without rudder, oar or compass, my frail craft is drifting--nothing left me but the precious, sweet, tender memory of his dear love and care.

"A good name is rather to be chosen than great riches, and loving forever rather than silver and gold."


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DEATH OF JUDGE FUSSELL.

Judge J. H. Fussell died at his home at Columbia, Tenn., last Thursday evening, November 4, 1915. He was in his seventy-ninth year. The funeral took place next day at 2:30 p.m. from the Cumberland Presbyterian Church in Columbia. The services in the church were conducted by Rev. A. N. Eshman, in which Revs. H. A. Gray, J. R. Goodpasture, B. J. Reagan, J. L. Hudgins and W. H. McLeskey took part. They were appropriate in every feature and particular. The church was crowded to overflowing by members and citizens who had come to pay their last tribute of respect to so deserving a man, citizen and churchman. After the services in the church, the remains were turned over to the Masonic Fraternity, under the rituals of which they were interred in the beautiful Columbia cemetery.

Judge Fussell leaves no children, but a devoted wife to whom the heart of the whole church goes out in sincere sympathy in so sad and sore a bereavement. If we were called upon to pay our best tribute to the memory of our departed friend and brother it would be his constant, tender and chivalrous concern for the wife who shared with him all the fortunes and misfortunes of life. It was in his


page 27

home and personal life that we the better and easier find the unblemished leaves of his life.

We shall not at this time pause to pay a full tribute to the life and career of Judge Fussell. Possibly no other name is more familiar to the church than that of Judge Fussell or one with which we associate to a greater degree all the traits of a true and noble character. We must leave to another time the full and deserved tribute.

As all know, Judge Fussell's health has been gradually yielding for some three or four years past. Nearly one year ago he was stricken down and confined to his room and bed some months. He rallied temporarily the past two months or more, and was able to give some partial attention to church and other affairs. But those who came in contact with him could not see much that gave hope for permanent restoration to his former usefulness and activity. The fatal stroke came suddenly on the day before his death, and within twenty-four hours he passed peacefully away.

In reference to Judge Fussell's early championship of the cause of prohibition in Tennessee, we have in the final outcome a most striking illustration that victory in behalf of any righteous cause comes through the faith and courage of those who dare to suffer defeat in its behalf. And that those


page 28

who write their names indelibly on the pages of history are those who never fear or hesitate to stand with a minority in behalf of conviction.--Cumberland Presbyterian Banner.

 

JOSEPH H. FUSSELL.

The death of Joseph H. Fussell at his home in Maury county, Thursday evening, removed another distinguished son of Tennessee; one of uncommon character, and an exemplar of all that is gentlemanly. As a young man he responded to be beloved south's call to arms and by his courage and his bravery won the love of his fellow man. As a lawyer and the representative of the people, he rendered service and fearless discharge of public duty.

As a churchman, he gave his time and his talents to the spread of a Christian's creed, and to the greater power of the church. As a public man he espoused the highest principles of his day and times and was a stalwart in the war against fraud and deceit. As an exponent of temperance he was one of the pioneers of Tennessee, and his service to the cause can not be too generously commended. He argued, he spoke and he labored, to inculcate the idea of temperance and no man contributed more to the final triumph of abstinence than Joseph H. Fus-


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sell. Soldier, citizen and churchman; a manly man has gone to his reward.--Tennessean and American.

 

CAPT. J. H. FUSSELL, NOTED TENNESSEAN, DIES AT COLUMBIA.

Prominent Lawyer, Citizen and Soldier Succumbs at the Age of Seventy-Nine Years.

Capt. Joseph H. Fussell, seventh-nine years old, one of the most prominent citizens of Tennessee, and a man who had achieved distinction as a lawyer, a soldier and a churchman, died at his home in Columbia Thursday evening, November 4, at 7:00 o'clock. While he had not been in robust health for a year or two, his illness only became serious last week. Acute eczema was the cause of his death.

He was born in Maury county in January, 1836, and failed by two months of living out four score years. He is survived by his wife and a number of nieces and nephews. The funeral services was held at his home in Columbia, with the burial at Rose Hill cemetery in Columbia.

Rev. J. L. Hudgins, Rev. B. J. Reagen, Rev. W. H. McLeskey, Rev. J. R. Goodpasture and Rev. A. N. Eshman of Nashville attended the funeral.

Captain Fussell was a member of Forest's cavalry,


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entering the war as a private, and rising to command a company of these famous soldier of the Confederacy.

From 1870 to 1886 he was the attorney-general of the district now designated as the Eleventh circuit, and no public officer ever discharged duties with more courage, fidelity and ability.

In 1882 he was nominated by the "Sky Blue" faction of the Democratic party as its candidate for governor. In 1898 he was a candidate for judge of the Eleventh circuit.

In 1890 Captain Fussell, who had been an ardent advocate of prohibition or temperance, as it was termed then, was nominated for congress by a coalition of temperance supporters and the republicans. In 1908 he was the regular democratic nominee for state senator in the Twentieth senatorial district.

He was one of the pioneer advocates of prohibition in Tennessee and was for many years acknowledged its ablest representative in public life in the state.

As a churchman Captain Fussell was always active and prominent in the Cumberland Presbyterian Church. He was a member of the Board of Publication, and Stated Clerk of the Tennessee Synod. When dissensions arose in the Cumberland Presbyterian Church in 1903 and 1906, he declared in no


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uncertain tones a determination to remain a Cumberland Presbyterian. At the now famous Fresno conference he won distinction by his able and eloquent presentation of his side of the controversy.

In 1910 he was unanimously elected moderator of the General Assembly, which convened at Dickson, Tenn., where the Cumberland Presbyterian Church had been organized a hundred years before.

Captain Fussell was a notable figure at all gatherings, reunions, conventions and assemblies, striking in formal attire and with long, flowing curls that gave him distinction. In manner he was always courteous and genial.--Tennessean and American.

 

CAPTAIN JOSEPH H. FUSSELL.

Courageous Soldier, Attorney, Politician and Noted Character
in the Cumberland Presbyterian Church.

Capt. Joseph H. Fussell, prominent lawyer, Confederate Veteran, citizen and aged Cumberland Presbyterian, died last Thursday night, November 4th, at his home, having been in failing health for some time. Though Capt. Fussell had not been in robust health for some months, his condition was not dis-


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covered as being critical until a few days prior to his death.

Of Great Ability.

Not only a lawyer of profound ability, Capt. Fussell was exceptionally highly educated and intellectual. He was one of the best known Confederate veterans in the state and was also at one time prominent in politics. He was a great student all his life and possessed a mind that was peculiarly analytical and judicial.

Capt. Fussell early in life manifested a desire to accomplish something for his country. He enlisted at the age of eleven years as an American soldier to fight the Mexicans, but was rejected because of his mere youth. At the beginning of the Civil war, he enlisted in Forrest's cavalry. Many honors soon came to him as a reward for his ability. He entered the army as a private and was soon promoted to the command of a troop of soldiers of the Confederate army.

Christian Character.

He was honorable, conscientious and true. During all his campaigns for political office, he was careful to instruct his managers and those working in his behalf to conduct the campaign on the highest level and to resort to nothing of a sordid or dis-


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honorable character. Having been educated at a college that was notable in its day, he was considered one of the best attorneys and judges of his day. He was a man of sterling honesty and had always followed the high moral standards he had set for himself early in life. A sincere and unselfish friend, a devoted husband, ad strong patriot and of the highest class of citizen, his death comes as a great shock to his many friends and acquaintances in Tennessee and the South.

He had always taken an active interest in the annual reunions of the old soldiers. For ten years he has been looked upon by the Confederate veterans of Maury county as their leader and was honored with the election of lieutenant-colonel of the U.C.V. He was a man through whose veins flowed the blood of patriotism and intrepid bravery. He was the embodiment of gentlemanly traits, and it was tenacious and vigorous energy and determination that led him to accomplish things. He was prominent in fraternal circles, having been a Mason, Knights Templar and Knight of Pythias.--From the Maury Democrat.


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BAR PAYS A HIGH TRIBUTE TO LATE CAPT. J. H. FUSSELL

Able and Distinguished Services as a Public Prosecutor.
His Humble Christian Life His High Standards
and Strict Regard for the Ethics of His
Profession Are Testified to by
His Associate Lawyers.

At a meeting of the members of the local bar association on Friday afternoon, resolutions highly eulogistic of the late Capt. Joseph H. Fussell, long a lawyer here, were passed. These resolutions follow: "Resolved, That the state of Tennessee, as well as other states certainly have sustained a great loss in the death of Joseph H. Fussell whose life and purity of character has cat its influence on all who came in contact with him.

"Resolved, That his unswerving discharge of duty in the four years of civil war marked him as a true man.

"Resolved, That his able and distinguished service as attorney general of the state in this district, where he represented the state of Tennessee for sixteen years, also marked him as a man and a lawyer of great ability.


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"Resolved, That he was a living example of having made out of the life God gave him all that was in his power to make, because he led a pure and moral life, and unquestioned temperate life at all times, and always discharged his duty as he saw it.

"Resolved, That we recognize Joseph H. Fussell, as the original advocate of temperance in the state of Tennessee.

"Resolved, That his high standard of ethics and courtesy in the profession, and his uniform fairness in the practice of law will long be remembered at this bar.

"Resolved, That his humble Christian life was the crowning glory of the man.

"Resolved, That we tender to his widow our deepest and heartfelt sympathy.

"Resolved, That one member of the bar be appointed to present these resolutions to each the circuit and chancery courts to be spread upon the minutes and that a copy be sent to the newspapers for publication, and one copy to the widow of Joseph H. Fussell.

                                                                                   "W. J. WEBSTER, Chairman,
                                                                                   J. SHELBY COFFEY,
                                                                                   "J. C. VOORHIES."
                                                                                         Columbia, Tenn.


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FAITH.

I saw the man of four-score years
With palsied step, and low bowed head,
Heart free from sorrows, eyes free from tears,
With dauntless faith and courage, he said:

"I'm walking in the valley so low,
I'm looking for the light above;
I'm entering a land I do not know
Illumined by His face of love."

"I'll soon take leave of toils and cares,
I'll ere long, quit life's scenes of strife;
I'll one day soon, be free from snares,
And shout and sing in Heaven's new life."

When passing through the latest round
Are not the spoils well worth the fight,
When you my brother, a King full crowned
Are clothed in robes eternal bright?
                                                 --FUSSELL.

 

A TRIBUTE TO THE MEMORY OF HON. JOSEPH H. FUSSELL.

Joseph H. Fussell was an example of the highest type of Christian character. His private Christian


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life was without reproach. What first impressed me was his intense love for his church. He loved his church as a son his mother; not only his church, but the cause for which she stands. In him the church had a faithful friend and servant. In his public life he never ignored an obligation his church imposed upon him; he heard naught, but the still small voice of duty, and with him to hear was to obey His will was invincible, his motives pure. His purposes were definite, but exemplary and lofty.
                                           His former pastor,
                                                         REV. T. H. PORTER.

 

                                                                                       Battle Creek, Michigan, Nov. 6-15.
   My Dear Mrs. Fussell: I am deeply grieved to learn of the death of your distinguished husband, and I beg to offer you my profoundest sympathy and condolence.
   I might enumerate his many fine qualities of heart and mind, and tell you of my love for him, but that would not afford the comfort you need. God alone can do that. Let me repeat what Judge Fussell himself would say: "Earth has no sorrow, that Heaven cannot heal."
                  Very truly,
                        (JUDGE) W. C. CALDWELL.


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                                                                                   Dyersburg, Tenn., Nov. 12-15.
   My Dear Friend: For a number of days I have intended writing you, even before the end, which appeared from the press reports to be inevitable.
   The church generally will miss him something like I do--Mrs. Parker and I visited the General Assembly at Memphis, but there was an unnatural air because our old friend was not present. Then we knew how seriously ill he was to miss that meeting. He was so companionable, so bright even under depressing circumstances. I cannot tell you how Mrs. Parker and I both miss him, and regret his going.
                                         With deepest sympathy,
                                                                     J. N. PARKER.

 

                                                                             Jackson, Tenn., Nov. 9-15.
   My Dear Mrs. Fussell: There are no words that can express my sorrow on account of the going of my dear friend, Judge Fussell, or that will adequately express my sympathy for you.
   Your husband in my humble estimation, was by all odds, the grandest character in our church, and he will be sadly missed in her councils; but I am sure it is sweet to you to know, that "In the sunlight of God's love" he will still live among us, by the beautiful influence he exercised while living and working with us.


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   May the sweet benediction of God's love, abide with and comfort you, is the sincere prayer of his friend, and yours.
                                                                                          Most sincerely,
                                                                                                             W. E. DUNAWAY.

 

                                                                                          Moberly, Mo., Nov. 12-15.
   Dear Mrs. Fussell: I see from the "Banner" that you have entered your Gethsemane. I wish that I could say something that would take the anguish out of your heart.
   Do not think the manly form you laid away was your husband. That was only the old garment that he had out grown--the cage from which the imprisoned bird had flown, the shell from which the pearl had been taken. In that wonderful prayer that Jesus once offered on the night of his betrayal are these words, "Father, I will that they also whom thou hast given me, be with me where I am that they may behold my glory." It was in answer to that prayer your husband went away.
   If you will think of your husband being with Jesus you will find comfort. "Now our Lord Jesus Christ himself, and God, even our Father which hath given us everlasting consolation and good hope through grace-comfort your heart."
                                    Yours in loving sympathy,
                                                                       J. W. DUVALL.


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                                                                            Decatur, Ill., Nov. 8-15.
Mrs. Joseph H. Fussell.
   Dear Friend: The "Nashville Banner" has brought the sad intelligence of the death of your husband. I write to express my profound sympathy because of your sad bereavement.
   While memory serves me, I cannot forget the day when your husband, a cultured young man, gave his heart to Christ. I was kneeling near his side and the pastor of the Methodist Church was sweetly singing:

"Religion makes me cheerful,
  Bless the Lord!
Mine eyes will not be tearful,
  Bless the Lord!
On Pisgah's top, oh let me stand,
And every moment view the land
  'Til I get there!"

   Many present were so filled God's love, that they could not refrain from praising Him aloud.
                                           A true friend,
                                                           REV. J. N. McDONALD.

 

                                                Nashville, Tenn., Nov. 26-15.
   Dear Mrs. Fussell: These verses were sent to me two years ago when my dear Harry was taken to


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that home "Beyond" by a very dear friend of mine--Mrs. Charles A. Locke, from her summer home in Canada.
   Now about the time your dear husband "entered into rest," Maj. Locke, (her beloved) ascended on High. He, too, a "Confederate Veteran" of the old type. I was to see her and told her I would send to you this poem. She said, "Do send her also my sympathy and love.' She also told me that these verses were written and laid upon the casket of the late Mrs. Gladstone, by the Princess of Wales; and that Maj. Locke knew and esteemed Maj. Fussell very highly. Now they have gone together to eternal rest.
                                             Yours in love,
                                                              M. M. LEFTWICH.

(These Are The Verses.)

NOT VERY FAR.

"It seems such a little way to me,
Across to that strange country--"The Beyond,"
And yet, not strange--for it has grown to be
The home of those of whom I am so fond,
It makes it seem familiar, and most dear
As journeying friends bring distant countries near.


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"So close it lies, that when my sight is clear,
I think I almost see the glittering strand;
I know I feel those who have gone from here,
Come close enough sometime to touch my hand.
I often think, but for my veiled sight,
We should find Heaven round about us here.

"And so for me, there is no sting to death--
And so the grave has lost its victory:
It is but crossing with abated breath
And with set face, a little strip of sea,
To find the loved ones waiting on the shore,
More beautiful, more precious than before.
"I cannot make it seem a day to dread,
When from this dear earth I journey out
And join the loved ones, so long dreamed about,
In that still dearer country of the dead.
I love this world--yet I shall love to go
To meet the friends who wait for me I know.

"I never stand above a bier,
And see the seal of death set on some well loved face;
But that I think, one more to welcome me,
When I shall cross the intervening space
Between this land, and that one over there--
One more to make the 'strange Beyond' seem fair."


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                                                      Carters Creek, Tenn., Nov. 8-15.
  Dear Mrs. Fussell: The inevitable having invaded your home, I write to assure you that I am sharing your great sorrow.
   Truly a great Christian Prince and nobleman has fallen. One, for whose many virtues I loved and respected as dearly and tenderly as a brother; but with aching heart I bow in submission to the will of "Him who doeth all things well," assured of the fact of a happy meeting in the "sweet by and by."

"Farewell, farewell, a sad farewell;
  We will breathe it o'er and o'er,
'Till round God's throne at Jesus feet,
  We'll meet to part no more."

   "God is our refuge and strength, a very present help in trouble.
   Commending you to His tender mercy, etc.
                                           Your friend,
                                                            W. J. PASSMORE.

 

                                                               Fulton, Ky., Nov. 17-16.
Mrs. J. H. Fussell, Columbia, Tenn.
   My Dear Mrs. Fussell: I have just read of the death of Brother Fussell, and hasten to express my regrets at his loss, and assure you of my sincere sympathy in your great sorrow.


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   Permit me, also as the Stated Clerk of the General Assembly, to express for that body as largely as possible our prayers for you.
   May our Father in Heaven bless you.
   Please read 1st. Cor. 16: 23.
                                    Yours in His service,
                                                              D. W. FOOKS.

 

                                                           Elkmont, Ala., Nov. 10-16.
   My Dear Heart-broken Friend: The shock of Captain's going away, has cast a gloom over our hearts and home. We sat and talked of his great life, and the good that he has done. He has been a helper to so many, and no one to take his place in many respects.
   I can't realize that he will no more walk into the little church on the corner, with a glad smile and welcome, for even the smallest child, so long he has been the Superintendent of the Sunday School; and now there is a blank where he once walked, and talked, and gave his splendid sermons on the Sunday School lessons.

Oh! ye weary, sad and tossed ones,
Droop not, faint not, by the way;
Ye shall join the loved and just ones,
In the land of perfect day.


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Harp strings touched by angel fingers,
Murmur in my raptured ear;
Evermore their sweet song lingers,
"We shall know each other there."
  Yours in deep sorrow for you,
                                        LIZZIE TYLER.

 

                                                                    New York, Nov. 13, 1915.
   My Dear Madam: I have just received the last edition of the "Maury Democrat" containing a notice of your distinguished husband's death.
   I am greatly grieved to know that he has joined the silent ranks, and beg to offer you my sincere and heartfelt sympathy.
   His death is a distinct loss to the community in which he lived, and for whose citizens he did so much. Though a few years my senior, I was with him at Jackson College. My younger brother was a member of his Company in the Confederate Army, and I feel a personal sorrow in his demise.
   So many of our comrades are crossing over the river to rest in the shade, that my heart must sorrow when I hear of the passing of as noble, as gallant and brave a man as Joe Fussell.
          Very respectfully and sincerely yours,
                                       R. H. GORDON.


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                                                    Pulaski, Tenn., Nov. 14-15.
   Mrs. J. H. Fussell: I do not know how we will get along with our Presbyterial work. Will miss him so much. When I read of his death, I said, No! not dead, but asleep waiting the time when you go to him.
   How well impressed on my mind his many good talks, and eloquent speeches--the good counsel and great help he was to me. How many times I have been discouraged, but it would all leave when Hon. J. H. Fussell would rise to his feet.
                               With love and sympathy,
                                                                   S. C. REED.

 

                                                 Moultre, Ala., Nov. 7, 1915.
   Dear Mrs. Fussell: I know how your heart must ache. You and Capt. Fussell were such close companions, and I must say that I never saw two people who seemed to enjoy their relationship more than did you two. I am sure you feel a great need of him, although it must be a great comfort to you to reflect upon the kind of life Mr. Fussell led, and how much good he wrought. Truly did the "Tennessean" speak, when it said, "a manly man has gone to his reward.
                                                          BESSIE M. CROWELL.


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                                             Pulaski, Tenn., Nov. 7-15.
   Dear Mrs. Fussell: I feel sure that it will be no intrusion upon your sorrow to know that you have friends to sorrow with you.
   It is a comfort to feel that we have friends, true friends, whose tears mingle with ours in the agony of affliction, and whose hearts touch our hearts in the strength of tenderest sympathy.
   I mourn with you, the loss of a true and noble friend; one without guile or deceit. A chivalrous comrade under the flag we loved. One whose memory will linger as an incentive to all that is good, and a benediction to all who touched in nearness the gentleness, and humility of his life.
                         In truest sympathy,
                                                 GEO. T. RIDDLE.

 

                                              Fayetteville, Tenn., Nov. 5-15.
   Dear Cousin: When the sad message came last night that Cousin Joe had passed away, my heart reached out in deepest and tenderest sympathy to you.
   There is nothing to say in the passing away of such a good man, but "All is well with him."
   He made such a brave fight to stay with you, as


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he told us last May, and I wondered if later, in his desperate condition he won out so long.
                           Your loving cousin,
                                                     ORRA CARTER.

 

                                                 French Lick Springs Hotel, Nov. 14-15.
   Dear Mrs. Fussell: I have just learned of the death of your dear husband.
   I wish to express to you my heartfelt sympathy, and at the same time to express some of my thoughts about him.
   I knew him intimately for more than half a century. I never knew a braver, a more loyal, truer man in my life. He was possessed of the modesty characteristic of these traits.

"Steel true and blade straight,
The Great Artificer made my mate."
                          Sincerely,
                                        D. B. COOPER.

 

                                                     Petersburg, Illinois, Feb. 25-16.
   Dear Mrs. Fussell: I had the esteemed privilege of meeting your husband, Judge Fussell a number of times at assemblies.
   I admired him very much, as I think all true Cumberlands must. He was deservedly dear to the


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members of our communion of whatever section of the country. Certainly I had a respectful and affectionate regard for him. I regarded Judge Fussell and the late Mr. S. A. Cunningham of Nashville, as two of the most perfect gentlemen I ever met; genial and charming in manner, noble of soul, and unimpeachable in principle. The church has sustained a great, it would seem irreparable loss in him. Although you must miss him cruelly in the home, and we must miss him sorely at our Assemblies, rest assured he is with the Assembly of the Just in heaven. That loving soul is now where all is love, and neither pain, nor sorrow, nor weariness shall ever come near him again. May the Lord bless and keep you.
                                              Sincerely,
                                                    MARY H. STEPHENSON.

 

JUDGE JOE H. FUSSELL.

Rev. W. T. Dale, D. D., Nashville, Tenn.

My first recollection of Brother Fussell dates back to 1877. He was then in the midst of his glory as State's Attorney, which office he filled with distinction for sixteen years. He was a terror to evil doers. One man testifies that he prosecuted him for


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disturbing public worship, and them "passed the collection hat around and he dropped in $80.00." He was States Attorney from 1870 to 1886 of what is now designated as the Eleventh Circuit, and it can be truthfully said that no public officer ever discharged his duties with greater courage, fidelity and ability. As a criminal lawyer, he had no superior. When he undertook the prosecution of a murder case he generally secured a verdict of "guilty."

In 1882 he was nominated by the "Sky Blue" faction of the Democratic party as its candidate for Governor. The platform on which he was nominated had a prohibition plank in it, and he was defeated by Gen. Wm. B. Bate. But it may be stated that the prohibition plank in his platform was not alone responsible for his defeat. The platform also had another plank in it that caused a split in the party at that time, and that had to do with the settlement of the State debt.

In 1898 Capt. Fussell announced himself an independent candidate for Judge of what is now Eleventh Judicial Circuit, and was elected by 1200 to 1500 votes. But as the Hardin County box, which gave him his largest majority, was lost in the Tennessee river, he was "counted out," although it was certain that he had received a large plurality of votes. Hence, he has been called "Judge Fussell"


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ever since, and rightly so, as he, without any doubt, was elected by the people. The writer was one who voted for him at that time, and never did he cast a vote with greater satisfaction to himself.

Judge Fussell was one of the pioneer advocates of prohibition in Tennessee, and was for many years acknowledged as its ablest champion. He was sent for to go to different parts of the State to deliver addresses on the subject. The writer has heard him tell of thrilling experiences he has had with advocates of whiskey. But he never flinched from his duty. He was as true a soldier in this cause as he was when he was captain of a company in Forest's Cavalry. Many and daring were the experiences he had while in the service of his country, as we have often heard him relate. But no less so were some of his achievements in behalf of the cause of prohibition. There were times when it would have seemed that his life was at stake; but he always met the foe with that courage which caused the enemy to quickly retreat.

Judge Fussell was a Cumberland Presbyterian from the "crown of his head to the soles of his feet." He was faithful to his duties to his church. Often has he, while States Attorney, been known to leave his court on Saturday evening after adjournment and travel the greater part of the night in order to


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be in his place as Superintendent of his Sabbath School on Sabbath morning. The writer once knew him to leave the place of the meeting of Presbytery, after its final adjournment at five o'clock on Saturday evening, and travel fifty miles that night in order to be with his Sabbath School and church the next day. In this case, his pastor, the late Rev. T. Jeff Dixon, accompanying him.

But his brightest glory shone forth when the "merger wave" struck the church. It was then that the church not only needed a man of conviction, but a man with the nerve to stand by his conviction. The church found just such a man in the person of Judge Fussell.

Who that heard it can ever forget that sublime utterance of his at the Fresno General Assembly, California, when, in closing his address for the loyalists on the union question, he said: "Somewhere in the sunlight of God's love the Cumberland Presbyterian Church will live on." And, thank God, the church has weathered the storm and the old Cumberland ship is proudly sailing on with her "Whosoever Will Banner" floating in the breeze. And some day this grand old ship, with its precious cargo of human souls, will round the cape and enter the harbor where all God's children are anchoring one by one.

 


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But later on, in the Fresno Assembly, Dr. Black came forward with a resolution calling on Dr. A. R. Taylor to read a letter which he had prepared to be read and adopted by the Assembly as a "Pastoral Letter" to be sent to the churches informing them of what had been done by the Assembly, on the union question. But this resolution met with a storm of protest from the loyalists from all parts of the house. At length Judge Fussell arose, and pointing to the Moderator, Dr. J. B. Hail, with an emphasis never to be forgotten, said: "Sir, would you now drive the wedge that is to divide us asunder? The cord that now binds us together is stretched to its utmost tension, it will bear no further tension." Then raising his hand high up toward heaven, he continued: We now stand upon the dividing line; advance another inch if you dare." The applause that followed on the part of the loyalists was deafening. It shot consternation into the union ranks. One man went to Dr. Black and told him to withdraw his resolution. At first he said he would not do it. The other brother, Rev. J. R. Henry, I believe it was, said: "You had better; you will see something if you don't." At this Dr. Black arose and said: "I do not wish to flaunt the red rag in the face of the minority; I withdraw the resolution." It is believed that if Judge Fussell had


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led a revolt in that Assembly that possibly ever one of the one hundred and eleven loyal Commissioners would have followed him. But he saw that it would not be the best thing to do. And yet I do not know that we gained anything by waiting another year to take that very step.

Anyway, it was reserved for Judge Fussell to take the lead in this matter a year later, when the Moderator's gavel fell for the last time, and he announced the Assembly adjourned "sine die." It was then that Judge Fussell's stentorian voice was heard announcing that all loyal Commissioners would meet in the Grand Army Hall to complete the work of that Assembly. When they assembled in the Hall, they quickly filled vacancies which had been caused by the seceded members and went on with the work as if nothing had happened. And when they had finished their work, they adjourned in regular order to meet at the "Birth Place of the Church," in Dickson County, Tenn., May, 1907.

In May, 1910, the Centenary year of the church's existence, Judge Fussell was chosen Moderator of the General Assembly at Dickson, Tenn., by acclamation. He made the opening address to the General Assembly at Evansville, Ind., the next May.

He was noted for his eloquence, whether in the court room or in the church judicatures or else-


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where. In personal appearance he was very striking, "his long hair and distinguished bearing singling him out even among strangers" as a man of ability. He was purely extemporaneous in speaking, and when he became animated, he drove conviction home to the mind of his hearers. He was able in Sabbath School addresses, and was often called on.

Those who heard his address on "The Resurrection of Christ from a Lawyer's Standpoint at the Synod in East Nashville, October, 1914, were delighted and edified. Many regrets have been expressed that a stenographer was not on hand to take down his address, and give it to the world.

We once said to him: "Brother Fussell, you ought to have been a preacher." His reply was: "We need more lay preaching."

But now he is gone. His implements of warfare have been laid aside, and he has been permitted to enter into rest. He has joined the blood-washed throng before the throne of God, with such worthies as the Rev. Baxter C. Chapman (a brother-in-law), Caruthers, and Maxey, two former pastors, and hosts of others. He "fought a good fight," hence has finished his course, he has kept the faith, henceforth there is laid up for him a crown of righteousness which fadeth not away. I doubt whether he has fully received it yet, for the same reason that


page 56

I doubt whether Paul has fulled received his. Men live on after death in the minds and hearts of the people, and just as some soul is led to Christ through our influence, a new star will be added to our crowns of rejoicing. Therefore, no man can be fully rewarded until the aggregate of his life-work is footed up.

But who shall be able to fill his place in church and State? His mantle has been laid aside. Who shall pick it up and wear it worthily as he did?

But now as we stand by the river's side, trying to get a glimpse of the other bright shore and the loved ones gone before, we can but exclaim: "Farewell, true yoke-fellow, until the great vernal when earth and sea shall deliver up their dead and humanity comes forth in immortal youth and vigor."

                     "The battle's fought, the vict'ry's won,
                            Enter thy Master's joy."
   Nashville, Tenn., Nov. 26, 1915.


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   "Somewhere in the sunlight of God's love the C. P. Church will live on."

   Oh! the struggle and the strife
   While the battle waxes "warm,"
   With tears and heartaches rife
   As we breast the cruel storm!

   The altars of our fathers,
   And the faith of our mothers,
   In memory sweetly gathers
   Around our faithful brothers!

   Now in God we'll ever trust,
   And from Him, our strength we bring
   The "Whosoever Will," must
   Through the earth its glories ring.

Chorus.

   Somewhere in the sunlight,
   Somewhere in the sunlight;
   The sunlight of God's love,
   Our church will e'er live on!
                                                 --FUSSELL.


 Thursday Evening, November 4, 1915,

 Joseph Fussell rested

 Rest, weary heart!

Great heart that pulsed for all mankind:

Rest, o'er-wrought brain

That teemed with glorious thoughts of mind:

Rest, pain-racked body!

From mortal anguish now set free,

Rest, blessed rest!

A well-earned rest, sweet rest for thee!
                                            Margaret Roberts Fussell.

 

 


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Updated 14 August 2019

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