Alexander H. Handy
The subject of this sketch was born in Somerset County,
Maryland, on the 25th of December, 1809. He was well
educated, and, having obtained his license as a lawyer, removed
to Mississippi in the year 1836. In January, 1837, he was
admitted to the bar of the High Court of Errors and Appeals,
and entered at once upon a most successful professional career.
In 1853 he was elected to a seat upon the bench of the High
Court over Judge William Yerger, who was then upon the
bench, but who had rendered himself unpopular with the
dominant party in consequence of his opinion in the case of
Johnston vs. The State, in which he maintained the liability of
the State for the payment of the bonds of the Union Bank.
Judge Handy held this office until October, 1860, and was then
re-elected without opposition.
In 1865 he was again elected a judge of the High Court over
George L. Potter, and in January, 1866, was appointed Chief
Justice of Mississippi. In November, 1866, he was re-elected
without opposition, but resigned the position on the 1st day of
October, 1867, by letter to the Governor, in consequence of the
court's being placed by the Federal Government in subordination
to the military power of the United States.
He then removed to the city of Baltimore and resumed the
practice of his profession, but was soon after appointed Professor
of Law in the University of Maryland, which position he
held until 1871, when he returned to Mississippi and resumed
the practice of law at Jackson, and in October, 1877, was
admitted to the bar of the Supreme Court of the United States.
Judge Handy has always been a firm believer in the doctrine
of States rights, is immovably Southern in his views, and
favored secession both as a right and a necessity. He was
appointed by the Governor of Mississippi, in December 1860,
as a commissioner to the State of Maryland in relation to
the political crisis then existing; and failing in his efforts to
communicate with the Legislature of that State, in consequence
of the refusal of its Governor to convoke that body, Judge
Handy addressed himself directly to the people, and in his
speech delivered at Princess Anne, on the first day of January,
1861, presented the subject of secession-its right and its reason-
in a lucid and elaborate manner. He depicted, with the ken of
inspiration, the policy and purposes of the party about to take
possession of the Federal Government, and showed that the
principles announced by the President-elect and the leaders of
his party were subversive of all equality in the Union, destructive
of the rights of the Southern people, and virtually a revolution
of the Government. But, although the people of Maryland
were aroused by his presentment of the situation, they could do
nothing in view of the action of the State Government.
In 1862 Judge Handy wrote and published a pamphlet
entitled "Secession considered as a Right in the States composing
the late American Union of States, and as to the Grounds of
Justification of the Southern States in exercising the Right." In
this treatise he thoroughly and ably discussed the fundamental
principles of the American Government, the conditions upon
which it was created, and its interpretation by the authors of the
Federalist. The work is a profound and instructive constitutional
argument, which every lawyer should read who seeks a thorough
knowledge of the history, character, and interpretation of the
Constitution of the United States.
Judge Handy is a fluent speaker, a polished writer, and an
interesting companion. The qualities which so eminently fitted
him for a judge designated him for other marks of distinction,
and in 1861 the title of LL.D. was tendered him by the
faculty and trustees of the University of Mississippi, but his
modesty impelled him to decline the honor; and in 1867, on
his resignation as a judge of the High Court, he was offered the
position of Professor of Law in the same institution, but that was
also declined.
As a lawyer Judge Handy is learned and profound, and his
legal learning is united to a character of unspotted integrity,
and is blended with a purity which eminently fitted him for the
bench. As a judge, his uniform urbanity, together with his
able and dignified manner of administering justice, excited the
admiration of the bar. His decisions are searching and comprehensive,
clear and logical in enunciation, and exhaustive in
their elucidation of the rights of the parties. His opinions
are numerous, and enter largely into the composition of sixteen
volumes of the Mississippi Reports, from vol. 26 to vol. 41,
inclusive.
They are characterized by an independence of thought and a
self-reliance which bespeak the possession of resources rarely
acquired, and a fertility of legal genius which only a clear and
well-defined sense of right and wrong could inspire, and which
only talents of the highest order could develop.
These decisions constitute for his fame a far more splendid and
enduring monument than all the pillars and shafts that mechanism
could rear, and are records more glorious than all the volumes of
praise and adulation that history could produce.
Through them his name is inscribed luminously and indelibly
upon every title-deed, every tenure, and every relation of the
society of Mississippi.
Judge Handy now resides in Canton, Madison County, and is
still engaged in the practice of his profession.
Source: The Bench and Bar of Mississippi by James D. Lynch, New York: E. J. Hale and Son, Publishers,
17 Murray Street, 1881
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