HON. CONSTANTINE W. BUCKLEY, of Texas.
CONSTANTINE W. BUCKLEY, Judge of the seventh Judicial District of the State of Texas, was born on the 22d of January A.D., 1815, at Mount Airy, in the State of North Carolina.
When about the age of five years he was sent to school. When six years old his father died, leaving him to the entire care and management of his mother, who continued him in school, where he made such rapid advances in learning, that its patrons and teachers pointed to him as one of its most promising scholars. His mother within a year from the decease of his father, very much against her son’s wishes. This marriage, doubtless, had a great influence upon his life, as he never afterwards took any pleasure in the home of his birth, and resorted to every means to escape from it - although his stepfather was always kind and indulgent, and kept him constantly at school.
Having progressed as far as the teachers of his neighborhood could instruct him, he was sent to an Academy at Germantown, Stokes county, to be prepared for college. Here he remained eighteen months, during which time he had made all the necessary progress in the various branches to admission into college, not then being fourteen years of age. His disposition and intelligence, added to his studious habits, made him a decided favorite with all his teachers; one of whom proposed to send him to college at his own charge, if his family would not do so, and was exceedingly solicitous on the subject. When this kind teacher afterwards learned what profession his favorite pupil had adopted, he was grieved not to have been permitted to carry out his design. The gentleman is now a popular and successful physician.
Being fully prepared for college he returned home, and always having doubted the capability of his stepfather to manage his estate properly, and fearing that he would ultimately be thrown upon his own resources, became desirous of embarking in some pursuit that would enable him to live and prosper by his own exertions. (We would here state that his father left him an ample estate to give him a finished education, with enough to commence active life upon besides.)
After repeated importunities his mother consented to let him visit Georgia, where a half brother of his stepfather, who was very kind to him, resided, upon a promise that he would return in six weeks. He accordingly went to Georgia in the winter of 1828-9, and refused to return with his stepfather, who made an effort to carry him back to North Carolina, but without success. Being thus left among strangers, without a friend save one, he went to school a short time, and then procured a situation in a mercantile house for his board and clothing. This situation he retained for about five years, during which time he was a constant reader of the politics of the day, history, &c.; and, as all Georgia youths of that period, became well versed in the history of our Government, its powers, duties, &c. When about nineteen years of age he commenced the mercantile business on his own account, and continued in it until the spring of 1837 - a season so disastrous to all who were engaged in trade, when, as all others, he failed. Mr. Buckley honestly surrendered every dollar of assets to his partner for the purpose of liquidating the debts of the firm.
During the whole period of his mercantile life his intimate friends endeavored to persuade him that he had mistaken his vocation, and urged upon him the study of law, insisting upon his adaptation to that profession. He resisted their importunities, doubting his own abilities. After he saw that failure was inevitable, he read Blackstone’s Commentaries, but with no idea of ever becoming a lawyer. Ultimately the crash came, and being proud in feeling, and unwilling to remain in a section of country where circumstances had changed his position for usefulness and enterprise, he concluded to emigrate to Texas, then presenting a fine field to ambition, courage and talent. He arrived at Houston, where he has resided since the 1st of June, 1838, penniless and friendless, but very soon obtained a situation in the State Department, (this then being the seat of Government) as a clerk. Here he resolved to test his capacity to become a successful lawyer. He served faithfully in his place, and at the same time read two hundred pages of law daily for some fifteen months. His reading was under the direction of Mr. Chief Justice Birdsall, formerly a Judge of the Circuit Court of New York, a ripe scholar, learned lawyer, and an accomplished gentleman.
About the first of 1839 he was admitted to the bar upon the recommendation of Judge Watrous, U.S. District Judge for Texas, the late Hon. Wm. H. Jack, and Joseph A. Swett, Esq., three of the most distinguished lawyers of Texas, who were appointed a committee for the purpose. Notwithstanding his admission to the bar he continued to hold his post in the State Department, and to read his accustomed number of pages of law until September, 1839, when the seat of Government was removed to the city of Austin. When this event took place opened an office in Houston and commenced the practice, and brought to the first term of the Court more suits than any other member of the bar, although the bar of Houston then numbered many of the most distinguished lawyers of Texas. From this period, practice poured in upon him, and his success increased with his rapidly increasing reputation.
In February, 1847, he was without solicitation appointed Judge of the seventh Judicial District, and unanimously confirmed by the Senate, over which he has presided every since.
Of the mental capacity and legal acumen of Judge Buckley it would be almost impossible to speak in language too strong. His habits of study are fit models for the most ambitious aspirant for legal honors, and he finds more real fascination in Blackstone and Bacon than the most enthusiastic ready of poetry can do in the pages of Milton and Byron. At this day he reads more law than any lawyer in the State. When at the bar his cases were studied with intense care, and every point so fortified that he never despaired of success. Great and continued as was his good fortune, and many and brilliant the victories he won, still success to him was never a matter of indifference, but even up to the very day of his elevation to the bench, he glorified as much in carrying off the palm of the legal field as if it was his maiden effort, and destined to stamp his future prospects. In the beginning of his professional career, in fact until many years thereafter, his diffidence as a speaker was very great. By practice, perseverance, and as a result of what an iron will can achieve, he has surmounted that obstacle, and is now master of a fine, bold and easy elocution, persuasive to juries, and instructive to the Court.
In the course of Judge Buckley’s career he has presided over two judicial districts in addition to the one for which he was commissioned. Wherever he has been, his administration has proved honorable to himself, beneficial to the country, and vindicatory of the majesty of the law. At the end of every circuit he bears home with him “those golden opinions,” which the bar, the people, and the press united, pay of a just tribute to his independence, intelligence, discrimination, impartiality and decision. His charges to juries are clear and intelligible. His opinions bear the impress of much thought, deep research, and an intimate knowledge of the law and facts of the case presented for his judgment. There is no man in the State possessed of a more critical and thorough knowledge of the statutes than Judge Buckley. So great is the estimate placed by friends upon his capacities, that they warmly urged him to suffer his name to be presented at the election in August, 1851, to the consideration of the public as a candidate for the Supreme Court Bench. He ranks as one of the most popular, able and distinguished members of the Texas Judiciary.
In September, 1840, Judge Buckley married Miss Lurana Jane Phillips, daughter of the late Col. Zachariah Phillips, of Coweta county, Georgia, a lady of fine personal appearance, superior intellect, and most exemplary piety. Mrs. Buckley died near Houston on the 16th of September, 1851, leaving three children. The community in which she lived, the numerous friends she had endeared to her by her many amicable qualities, and the church of which she was a most worthy and active member, joined their tears with those of the heart-stricken husband, and bereaved orphans, over her grave.
In conclusion it gives us great pleasure in being able to bear testimony to the excellence of Judge Buckley’s private character. He most deservedly sustains the reputation of a moral man, and, by his own example, seeks to inculcate in the minds of all his own high respect for truth, honesty, and good behavior. In fact his morality almost partakes of Christianity, for which, and its glorious precepts, he entertains the most profound respect, and for the advancement of whose salutary influence he has ever been a liberal contributor.
As a father and husband he is most affectionate and devoted. His family constitute an object most dear to his heart; and a desire to advance the happiness and comfort of his children and wife is a paramount feeling. When not forced abroad in discharge of public duties, his own fireside forms the point of attraction, where he can always be found. With a warm heart and generous impulses, he is the centre of a circle of devoted friends. His social qualities are very great, and his hospitality unbounded. Possessed of fine colloquial powers, he never fails to make himself both instructive and interesting as a companion; and always dignified in deportment, yet he is easy of access, and especially affable to the young.
Source: Biographical Sketches of Eminent American Lawyers Now Living, by John Livingston, April & May, 1852, Parts II & III, published 1852; Pgs. 485-488
NOTES:
(1) Constantine W. Buckley md. (1) Luraina J. Phillips, 8 Dec 1840, Coweta Co. GA.; md. (2) Mrs. Ann R. Nibbs, 27 July 1852, Fort Bend Co. TX.
Children of Constantine W. Buckley, Sr. & 1st wife, Lurana Jane Phillips:
(1) Frederick Zachariah Buckley, b. ca 1842 TX.
(2) Constantine W. Buckley, Jr., b. ca 1847 TX.
(3) Mary Louise Buckley, b. ca 1849 TX; md. William H. Howard, 15 Apr. 1868, Harris Co. TX.
Photo OF JUDGE BUCKLEY - Source: Legislative Reference Library of Texas, Austin, Texas:
www.lrl.state.tx.us/index.cfm
………….Another interesting instance is found in the case of Thomas W. Nibbs, an Alabama lawyer who came to Texas in 1835 and tried his profession for several years with little success. Dr. Hunter advised him to come out on Oyster Creek and become a planter. In 1840 he got together a few negroes and bought some land on credit. The first year he planted nine acres in corn by making holes in the soil with a stick and raised 900 bushels of corn. When he died a few years later he had a large plantation and an increasing gang of slaves and his thrifty widow paid the debt off the plantation with the proceeds of a single cotton crop, after which she married Constantine W. Buckley , who in 1860 assessed his wealth at $325,000.
Source: History of Fort Bend County, Texas, by Clarence Wharton, published by Anson Jones Press, 1950; Pg. 166
Add'l Info:
Buckley , Constantine W. - Constantine W. Buckley was born in Surry County, North Carolina, on January 22, 1815. He moved to Georgia in 1822 and opened a mercantile business at Columbus in 1835. Early in 1838 he moved to Houston, Texas, where he was a clerk in the State Department until September, 1839. In November he was admitted to the Texas bar and began practicing law. Appointed judge of the Seventh Judicial District by James Pinckney Henderson in 1847, he was elected in 1852 but resigned in 1854 to return to private practice and farming. Buckley was elected to the Texas House of Representatives from Austin and Fort Bend counties in 1857, was defeated for associate justice of the Supreme Court in1858, and was re-elected to the legislature in 1859, serving as chairman of the judicial committee. Twice married, Buckley had three children. He drowned in the Brazos River opposite Columbia on December 19, 1865.
BIBLIOGRAPHY: Amelia W. Williams and E. C. Barker (eds.). Writings of Sam Houston, V (1941); Texas State Gazette, August 14, 1852; Dallas Herald, September 1, 1858, and January 13, 1866; Northern Standard, June 26, 1858.
Source: The Handbook of Texas, Volume I, Walter Prescott Webb, Editor-in-Chief, published by The Texas State Historical Association, 1952; Pg. 238
