The Genesis and Descent of the System of Civil Law Prevailing in Louisiana. an Address, Delivered at Request of the Faculty of the Law Department of T
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Charles Erasmus Fenner was an American soldier, jurist.
Background
Charles Erasmus Fenner was a member of a well-known Southern family. His grandfather, Dr. Richard Fenner of North Carolina, fought in the Revolutionary War and was one of the original members of the Society of the Cincinnati. His father, Dr. Erasmus D. Fenner, a distinguished physician, married Annie America Callier, who was of Scotch-Irish descent, settled in New Orleans in 1840, and assisted in the founding of the New Orleans Medical Journal in 1844. He himself was born at Jackson, Madison County, Tennessee.
Education
He received his early education in the New Orleans public schools, proceeding thence to the Western Military Institute of Kentucky.
Having completed his academic training at the University of Virginia he studied law in the office of J. P. Benjamin at New Orleans, took a course in the law department of the University of Louisiana, and was admitted to the Louisiana bar in 1855.
Career
Commencing practise in partnership with L. E. Simmonds, a leading member of the New Orleans bar, he rapidly came to the front. On the outbreak of the Civil War he entered the Confederate army as first lieutenant in the Louisiana Guards and served in Virginia under Gen. Magruder, being promoted captain.
In April 1862, his term of enlistment having expired, he organized Fenner’s Louisiana battery of light artillery at Jackson, Mississippi, and took part in the fighting at Port Hudson, serving later under General Joseph E. Johnston in the Army of Tennessee. Attached to General J. B. Hood’s forces in the Nashville campaign, his battery covered the rear of the Confederate army on the retreat from Nashville.
He was with Gen. R. Taylor’s detachment when the latter surrendered at Meridian in 1865. He had consistently declined promotion since it would necessitate severing connection with his battery. On the termination of hostilities he resumed practise in New Orleans and in November 1865 was elected a member of the first post-war Louisiana legislature, serving one term.
This was the only occasion upon which he sought political honors, though he took an active interest in public affairs and was conspicuous whenever any matter of vital interest to the city or state was agitated.
When the Nicholls and Packard controversy came to a head in 1876 he prepared the resolution which was passed at the mass meeting in Lafayette Square setting forth the inalterable antagonism of the people to the Packard government and announcing that the latter could only be maintained in power by military force.
In 1880 he was appointed by Governor Wiltz an associate justice of the supreme court of Louisiana, and, being reappointed by Governor McEnery on the expiration of his term in 1884, retained this position till 1894. As a member of the judiciary his wide experience, firm grasp of legal principles, and eminently sane outlook made him a strong figure and he enjoyed the confidence and respect of the entire community.
On leaving the bench he resumed practise, confining himself to consultations, and his services were requisitioned in an advisory capacity in much difficult litigation up to within two years of his death. Apart from the law, his chief interest lay in educational work. He had at the request of Paul Tulane become first vice-president of the board of administrators of the Tulane Fund, and as such took a prominent part in the organization of the Tulane University of Louisiana, being elected in 1884 professor of civil law—a position which, as a member of the administration, he was unable to accept.
In 1892 he became president of the board, continuing in active contact with all phases of the work of the university till his resignation in 1908. He was also a member of the board of trustees of the Peabody Educational Fund.
Achievements
During these years his reputation as a lawyer steadily increased and he achieved an outstanding position at the bar.
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Views
A fluent and impressive speaker, he was much in request on patriotic and anniversary occasions and was the author of a number of legal and historical addresses and papers.
Membership
In November 1865 was elected a member of the first post-war Louisiana legislature. He was also a member of the board of trustees of the Peabody Educational Fund.
Connections
He married, October 16, 1866, Caroline, daughter of Jacob V. Payne, a leading New Orleans merchant of his time.
