Francois Xavier Martin
lie csiiiio lo New Bern as a foreigner, unable
to speak our language. Then lie advanced
rapidly from printer l«> eilitor. legislator,
historian, lawyer and outstanding jurist.
His was a full life indeed.
I ORD BYRON said tliat truth was
1 stranger than fiction, mid the lift-
“*of ray subject is an apt illust ra¬
tion of the inherent truth of his state-
ment. For Martin emigrated from his
native France to
л
strange land, and
there he Itfcnme a printer, an editor,
л
legislator, an historian, an author,
a lawyer and an outstanding jurist;
and where he became a distinguished
figure in three different states of our
•American Union.
He was born in Marseilles, France,
in 1702. but when a youth of seven¬
teen be left France seeking adventure,
and for three years be lived on the
island of Martinique. He then emi¬
grated to North Carolina and settled
at New Hern. Ittis not known whether
lie could speak English on his ar¬
rival in this state in 1783 or whether
he learned the language after his ar¬
rival. As he was totally without means,
he at first sought to support himself
by teaching French, hut as there were
hut few persons at New Bern who
cared to l»ecomo versed in the French
tongue, Martin had to look about him
for more profitable employment, and
he therefore determined to become a
printer.
Started as a Printer
At that time there was hut one press
in New Bern, owned hv liohert Keith,
who was publishing a newspaper
known as the North Carolina Gazelle.
Martin learned the printer’s trade un¬
der Keith; and with the industry and
frugality characteristic of the French
people, he laid by sufficient funds to
acquire the paper for himself, and
soon wo find hint ns its editor. He
also published various almanacs,
pamphlets, ami hooks, ami as early as
17s.'» was an applicant for appoint¬
ment as State Printer.
Martin was evidently a man of
great natural ability, for he attract¬
ed the attention of Governor Abner
Nash, who urged him to study law.
He became sufficiently versed in this
science as to he admitted to the Bar
in 1789, hut his talents were not in the
direction of the practitioner, hut of
the jurist; and it was not until later
in life when he ascended the bench,
that he became famous as a lawyer.
By
В.
C. LAWRENCE
His legal education did not cause
him to cease his business as a print¬
er. hut his new profession did turn
his initial to legal channels, and we
soon find him authoring and publish¬
ing lawbooks. He issued a volume on
"Justices of the Peace”; another on
“Decisions of the Superior Courts”;
a textbook on “Sheriffs"; another on
“Executors"; and a large number of
translations of French novels. His
work ns a printer was now becoming
well known and in 1791 he was desig¬
nated by the General Assembly to
publish "Private Acts of North Caro¬
lina"; ami “Acts of the General As¬
sembly.” By 1804 lie had become so
well known as a lawyer and as a
printer, that he was authorized hv
the General Assembly to compile and
issue a revision of the statute law.
This lie did in two volumes, known as
"Martin’s Revisal," and it is interest¬
ing to note that in later years lie per¬
formed a similar .service in Louisiana.
Elected to House of Commons
In 1800 he was elected to the House
of Commons from the borough town
of New Bern and re-elected the fol¬
lowing year. Ilis career in this state
was now drawing lo a close, although
he was still to publish the work by
which lie is best remembered, li is "His¬
tory of North Carolina,” hut this was
not issued Until 1829, long after hi'
removal from the state.
Martin was now so well known for
his legal attainments that in 1809
President Madison appointed him as
one of the Judges for the Territory of
Mississippi. This position lie held
something more than a year, residing
in Natchez; hut the following year he
was transferred to a position on the
bench of the territory Orleans • • no
doubt on account of his familiarity
with the French language and people,
and in that territory lie made his home
in New Orleans. When the territory
became a state in 1812. Martin became
its first Attorney General, a position
he filled with marked ability until
IMo when lie was appointed by Gov¬
ernor Claiborne as a member of the
Supreme Court of that state, lie re¬
mained on this bench until his death
in 184<5, for the last ten years serving
in t he capacity of Chief Justice.
Louisiana furnishes the queerest
system of laws and legal procedure
to he found in any state of our union,
as it is a patchwork of Spanish.
French and American law. The coun¬
try bail Ikh'U under Spanish domin¬
ion, and when it passed to the control
of til.- French, the Code of Napoleon
was adopted. But the courts held that
this did not supersede the old Spanish
law, except where the two were in
conflict; so the decisions of the terri¬
torial courts wore based upon an ad¬
mixture of Spanish and French laws.
With the admission of the state into
the union other complications were
added, as our Federal Constitution
guarantees the right of trial by jury,
which had not theretofore been effec¬
tive in Louisiana; also provisions re¬
specting the issuance of writs of habeas
corpus: and other provisions totally
inconsistent with the previously
prevailing Spanish and French laws.
Not an Easy Task
It will therefore be seen that it was
the task of Judge Martin to reconcile
and harmonize these conflicting laws
and to carve out an entirely new sys¬
tem of jurisprudence for a new state;
a task which he performed with dis¬
tinguished ability, so that today Ixniis-
inmi lawyers say Martin was one of
the ablest Judges that ever graced
their bench.
Martin was a prodigioib worker,
and his judicial labors did not serve
to abate his literary work, lie pub¬
lished eighteen volumes in Louisiana
a> well as a digest of the laws
«
-f that
state known as "Martin's Digest";
and in 1827 he brought out hi- two-
voluine “History of Loni»iana." In all
lie published thirty-four volumes
-и
monumental task for a man whose du¬
ties required him t>> Is1 upon the bpindi
practically every day.
It was not until 1829 that he
brought out his two-volume “History
( Continued on pagr Iwenty-four)
