USA > Connecticut > Litchfield County > A biographical history of the county of Litchfield, Connecticut: comprising biographical sketches of distinguished natives and residents of the county; together with complete lists of the judges of the county court, justices of the quorum, county commissioners, judges of probate, sheriffs, senators, &c. from the organization of the county to the present time > Part 14
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years his political opponents, in consequence of the intimacy and friendship existing between him and the late Chief Justice Spencer, who was the leading spirit of the republican party of that day, used to call him "Spencer's Foot."
Troy proving to be a more fortunate location for a commer- cial town, and increasing more rapidly in business and popu- lation than Lansingburg, and being also the shire town of the county, Mr. Foote soon changed his residence to that place and entered into copartnership with John Bird, Esq., (a native of Litchfield,) a gentleman of brilliant intellect and finished schol- arship. Their copartnership continued for several years, and was finally dissolved by the death of Mr. Bird. In 1801, only four years after his admission to the bar, Mr. Foote had ac. quired considerable eminence in his profession. He had at- tracted the notice and secured the friendship of Governor George Clinton. So high an estimate did the Governor put on his talents and worth, that in August of that year he caused him to be appointed Assistant Attorney General of the State: The District over which his official jurisdiction extended, em- braced the large and flourishing counties of Columbia, Rens- selaer and Greene. 'T'he duties of this office required the ex- ertion of high professional talents, and they were discharged by Mr. Foote to the entire satisfaction of the public. He held the station for several years, and until a change in the party politics of the State caused a general change in the official incum< bents.
After the discontinuance of the professional connection be- tween him and Mr. Bird, he pursued his business alone for sometime ; but finding it impossible to attend the courts where his extensive practice required his presence almost constantly, and also give the requisite attention to the attorney's business in the office, he entered into a new copartnership with a gen- tleman of high respectability, who had industry and tact. for business, and was well versed in the practice of the law. This
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was a fortunate arrangement for both. Their labors were in- cesant, and they were very prosperous. His partner gave his attention principally to the duties of an Attorney and Solicitor which confined him to the office, while Mr. Foote performed those of counsellor and advocate. He was almost constantly engaged in the trial and argument of causes. He excelled particularly in trials before juries, and in that branch of his profession had few if an superiors in the State. His influence and standing as a politician kept pace with his progress as a lawyer.
Finding that the capital of the State afforded a more con- venient location for him than the then village of Troy, he 'dissolved his copartnership in August, 1808, and shortly after- ivards removed to the city of Albany, where he spent the re- mainder of his days. During this period he took an active part in politics, wrote considerably for the press, and exerted a strong influence in favor of the side he espoused. He was on one oc- casion a prominent candidate for the office of United States 'Senator, and his friends for a time believed they should accom- plish his election, but did not.
His young and only surviving brother, Samuel A. Foote, entered his office as a clerk in 1811. Samuel North, Esq., was then his partner. Mr. North's ill health obliged him to withdraw from the duties of his profession in February, 1812. From that time, Mr. Foote's brother took charge of the business of the office. Mr. North's illness proved fatal. He died in January, 1813, while yet a young man, beloved and admired in life, and mourned in death, for his moral qualities and intel- lectual attainments. This event opened the way for a profes- sional connection between Mr. Foote and his brother, who had then just attained his majority, but had not studied law the length of time required by the rules of the court for admission to the bar. Mr. Foote, however, availing himself of the time had spent in the office while a youth, and before entering col-
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lege, made a special application to the Court, who dispensed with the rule in favor of his brother, and admitted him to an examination. He was found qualified, received his license, and the brothers entered into copartnership in January, 1813: This connection was happy and prosperous, but of short dura- tion. Mr. Foote attended the Circuit Court of Rensselaer County, held at Troy in the early part of July, 1814. He was engaged in several important trials ; the weather was unusually warm, and his temperament ardent. Over exertion brought upon him a bilious fever. He returned home, medi- cal aid was obtained and nothing serious apprehended for some days. But on the fourth or fifth day of his illness, the fever began to rage and the disease assumed an alarming aspect. On the 21st of that month, and in the 42d year of his age, af- ter an illness of only eleven days, he died in the full maturity of his intellectual and physical powers.
Mr. Foote was a large man, full six feet in height, had a good constitution, and a well formed and muscular frame: His forehead was high, and his eyes dark and remarkably bright. Cut down unexpectedly and early in life, no portrait of him was taken, and his likeness only remains in the recollection of those who knew and now survive him. He was married to Elizabeth Colt in December 1803. She survived him, and also a daughter and only child, born in December 1804. His daughter was married some years after his death to Lebbeus Booth, Esq. Mr. Foote had a strong and active mind, a warm and generous heart. Had he enjoyed the advantages of an early and thorough education, he would have had few equals in this country. As he was, he had no superiors in the State of New York, in those contests at the bar where ready wit, strong and discriminating judgment, powerful reasoning and great intellectual resources were essential to success. He wrote as he spoke, with vigor and wit, but without the elegance or polish of a finished scholar. A brief notice like the pres-
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ent will not permit a reference to any of the in juria ... in which he was engaged, nor extracts from his speeches, many of which were published in the newspapers and pamph- lets of the day, nor even a recital of the many anecdotes told of him, and which show the force and brilliancy of his unpolish- ed but exhaustless and spicy wit.
One act of Mr. Foote's life should not be omitted, nor for- gotten whenever his name is mentioned. The present Fe- male Academy in the city of Albany, owes its existence main- ly if not entirely to him. It is now and has been for many years one of the most valuable institutions in this country. It was commenced in February, 1814, under the name of the "Union School in Montgomery Street." The original sub- scription paper is still extant, bearing date the 24th of that month. The subscriptions are made payable to Mr. Foote, who, it is proper to remark, started the project and obtained the subscribers' names.
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DANIEL S. DICKINSON.
'T'he able and distinguished Senator whose name heads this sketch, is a native of Goshen, and was born on the 11th of September, 1800. When he was about six years of age, his father removed to the present town of Guilford, Chenango county, N. Y. Carrying with him into that new country his New England habits and spirit of enterprize, he established a common school, of which his own family, with others, had the benefit. Daniel attended this school winters until he had reached the age of sixteen, when he was apprenticed to a me- chanic in the neighborhood, to learn the art and mystery of manufacturing woolen cloths. From this time he had no other advantages than such as are common to all apprentices. Hav. ing procured such books as he could, he continued the more practical studies, without the aid of a teacher, among which was the art of surveying, which he subsequently practiced ex- tensively. At the termination of his apprenticeship, he had qualified himself for a teacher, and for several years thereafter divided his time between teaching, studying, surveying, and working at his trade.
In 1822 he married. In 1825 he commenced studying law in the office of Messrs. Clark & Clapp, counsellors at law, Norwich, N. Y. Being destitute of pecuniary means, and hav- ing a family to support, he still continued to teach and survey, rising early and sitting up late to pursue his professional studies, until 1829. In February of that year, he was about making application to the Court of Common Pleas of Chenango coun- ty for admission to the bar; but was informed that this would
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be opposed by some of the senior members, the rule of all courts requiring that the studies must be pursued "in the office," while his had in part been pursued out of the office, He ac- cordingly waived the application to the inferior court, and went to Albany where the Supreme Court of the State was then sitting-called in person upon Chief Justice Savage, rela- ted to him the peculiarities of his history, and asked to be ad- mitted to examination. The Chief Justice granted his request, and he was admitted to the Supreme Court, which gave him .. access to every court in the State.
Mr. Dickinson immediately opened an office in Guilford, where he did a small business until 1831, when he removed to Binghamton, Broome county, a distance of forty miles from his former residence. Here his business rapidly increased, and he was brought in collision with some of the ablest members of the bar in the State. In 1834, he was chosen President of the village of Binghamton; and in 1836, he was elected a member of the Senate of New York for four years, ending the 31st of December, 1840. As a Senator, he was ex officio a Judge of the Court for the correction of errors.
In 1840, Mr. Dickinson was nominated for the office of Lieu- tenant-Governor of the State, but was defeated at the general election. In 1842, perceiving that he was often spoken of by the public press in connection with the office last named, he wrote a letter declining the honor of a nomination. He was, however, nominated, and elected by about 25,000 majority. He entered upon the duties of this station on the 1st of Janua- ry, 1843, and continued their exercise for two years. The Lieutenant-Governor of that State is President of the Senate, Chief Judge of the Court of Errors, a Regent of the University, President of the Canal Board, &c.
In the autumn of 1844, he was elected a Presidential Elector fui he State at large, and as such gave his vote for Mr. Polk for resident of the United States. About the same time, he
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received from Governor Bouck the appointment of United States Senator, to fill the vacancy occasioned by the resigna- tion of Mr. Tallmadge, whose term was to expire on the 4th of March, 1845. On the assembling of the Legislature, he was elected to fill that vacancy, and was subsequently re-elected for the full term of six years, which expire March 4, 1851.
In addition to the legislative and congressional speeches, (some of which have been widely circulated and extensively read,) several of his addresses have been published. The earliest of these with which we have met, was delivered at the Annual Fair of the Queens County (N. Y.) Agricultural Society, October 17, 1843. The only other one now before us, is An. Address to the Hermean Society of Geneva College, August. 2, 1848.
Governor Dickinson is still in the prime of life, and a long public career may be still before him. Of course any sketch of him at this time must of necessity be incomplete. The fact,. too, that he is so conspicuous and earnest a partizan, renders it no easy task for a biographer to do him "equal and exact justice." He has not been content to run a noiseless career,. or walk in the beaten track of ordinary life. Few public men. have more unrelenting political enemies than he-and still fewer could ever rally around their standard a host of more devoted personal and political friends. None who have known him personally, or who have listened to or read his addresses, will call in question his ability. As a self-made man, his his- tory is. full of interest and encouragement to the youth of our republic.
In May, 1850, several hundred of his fellow-citizens in the counties of New York, Westchester, Kings, Queens and Rich- mond, addressed him a card inviting him to a public dinner in the city of New York, in order that they might " have the op. portunity of giving full utterance to the sentiments of respect and confidence with which his distinguished political services.
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to our country had inpired them." In concluding their invita- tion they say, " In the trying crisis through which our country, and we may add, the cause of the world's freedom and of re- publicanism, is now passing, the State of New York is most fortunate in being represented in the Senate of the Union by one whose patriotism soars above the level of time serving purposes, and whose eminent talents and moral worth com- mand respect, both in the State he represents and in the Coun- cils of the Nation." Among the names signed to this card, we recognize those of ex-Mayors Mickle, Lawrence, and Morrris ; Hon, Messrs. Win. B. Maclay, James R. Whiting, Aaron Ward, Campbell P White, Gen. Sandford, Gen. George P. Morris, Theodore Sedgwick, Francis B. Cutting, Schuyler Livingston, Gen. Henry Storms, and others equally distin- guished. The municipal authorities of New York also joined the citizens in doing him honor.
The invitation was accepted by Senator Dickinson, and the 17th of June was fixed upon for a public demonstration. On the afternoon of that day he arrived in the cars from Philadel- phia, accompanied by ex-Senator Stewart, of Maryland. On reaching New York in the steamboat from Jersey City, his hon- or, Mayor Woodhull, in company with a Special Committee from both branches of the Common Council, wert on board the boat, and after each member of the Committee had been intro- duced to the Senator, the Mayor read to him the Resolution of the city authorities, and addressed him briefly, cordially wel- coming him, and extending to him the hospitalities of the city. At the conclusion of Senator Dickinson's reply, he was coul- ducted by the commitiee to a splendid barouche, (drawn by four dark bay horses, ) in which he was seated with the Mayor, the President of the Board of Aldermen, and Alderman Shaw. In the rear of the barouche followed a train of carriages, con- taining the members of ths common council and other persons connected with the city government. The New York Globe
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adds, " A large number of citizens were in attendance at the landing, and greeted the favorite son of the Empire State in true republican style. At the Astor House, where rooms had been provided for the guest by direction of the City Authorities, Senator Dickinson was waited upon by hundreds of citizens, who were anxious to pay their respects to the man whom they had so long admired as being one of the warmest defenders of our state and national liberties."
The Dinner came off at Tammany Hall during the evening, and over two hundred citizens shared in the festivities. The toasts and speeches on the occasion, however, were too much of a partizan character to be reported here. We will conclude this sketch with two or three extracts of letters from distin- guished statesmen which were read at the festival.
The Hon George M. Dallas, late Vice President of the Uni- ted States, writes as follows-" As patriots and politicians, you have every reason to approve the public conduct of your Rep- resentative in the Senate of the United States, Gov. Daniel S. Dickinson. During my service in that chamber, I did not fail to notice the untiring zeal, manly frankness, quick and pow- erful ability which he invariably applied to forward the interests and sustain the sentiments of the commonwealth of New York. It is no wonder that you should desire, at the present interest- ing juncture in national affairs, to mark prominently with your encomium and encouragement a public agent so eminent, so honorable, and so useful ; and it would give me very sincere gratification, were it in my power, to join you at the enter- tainment for that purpose on Monday next, to which you have obligingly invited me. I am, however, constrained by my en- gagements to forego this pleasure, and content myself with of - fering to your indulgent adoption the following toast : 'The Patriot Senator of New York-He who cherishes no higher aim than his country's good, and adopts no higher law than his country's Constitution.' "
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The Hon. Lovis Cass says, "I have received your invita- tion to be present at the dinner to b" given to your able and patriotic Senator, Governor Dickinson, for his services during the period of excitement growing out of the slavery question, and regret that I cannot accept it. This testimonial of your approbation has been as nobly won as it is honorably bestowed. It comes in good time, and from a good quarter-from the Com- mercial Metropolis of our country, and now, when the dark hour is upon us. I have observed with pride and pleasure the conduct of your Senator, during this whole unhappy controver- sy, and never was a State represented in the councils of our nation, with more patriotism, firmness and consistency."
Letters of similar purport were read from Governor Marcy, Hon. James Buchanan, Hon. George Bancroft, Chancellor Walworth, Governor Toucey, &c.
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JEDEDIAH STRONG.
Perhaps no name occurs more frequently upon the Litch- field Town and County Records, for a period of twenty-five years, than that of JEDEDIAH STRONG. He was a son of Supply Strong, one of the first settlers of Litchfield, where he was born on the 7th of Nov'r. 1738. In 1761, he graduated at Yale College, and first studied divinity, but soon abandoned it for the profession of law. He became a member of the bar of this county, but, being constantly in some public statiou for many years thereafter, he had little or no business before the Courts.
In 1771, Mr. Strong was elected a Member of the Connec- ticut House of Representatives, and held a seat in that body for thirty regular sessions-during several of which he was Clerk of the House. In 1774, he was chosen a Member of the Continental Congress. In 1780, the Legislature appointed him a Judge of the County Court, an office which he held for elev- en years. In the mean time he had been elected to the Coun- cil, or Upper House of the Legislature, in place of which the Senate has since been constituted. In all of these honorable public employments he appears to have given general satisfac- tion, both to the Government and to the people.
"At a town meeting of the inhabitants of Litchfield, legally warned, held on the 3ist of August 1770,-Mr. ABRAHAM KILBORN, Moderator-It was Voted to chose a Committee to attend the General Meeting of the Mercantile and Landed Interests of the Colony, at New Haven, on the day after the Commencement. Jedediah Strong, Esq., and Capt. John Osborn, were chosen said Committee."
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In 1774 and '75, he was appointed a member of the Revo- lutionary " Committee of Inspection," in connection with Ol- iver Wolcott, James Morris, Seth Bird, Abraham Kilborn, Andrew Adams, Abraham Bradley, and others.
At the commencement of the Revolution, Mr. Strong was appointed by the General Court, a Commissary of Supplies for the Army. In April, 1775, the Governor and Council sent him to Albany with a special commission to secure all "the arms belonging to this colony, left there during the French War, and return them as soon as might be." In the spring of the following year, the Legislature selected him as one of a committee "to procure £1,800 in specie, in exchange for bills, and pay the same to the Governor for the use of the Northern Army, on a request of Congress." During the period of the disaffection in the army in 1777, complaint was made to the Legislature against several militia officers in Litchfield county : and Jedediah Strong, Capt. John Watson, Reuben Smith, and H. Fitch, were appointed a committee "to examine the facts and report to the Assembly."
In 1788 he was chosen a Delegate to the Convention which adopted the Constitution of the United States.
Judge Strong was also conspicuous in all matters of local in- terest in the town. He was Town Clerk for sixteen years- a Lister and Inspector for six years-a Selectman for thirteen years-besides being a Constable, Grand Juror, Surveyor, &c.
The first wife of Judge Strong was Ruth Patterson, to whom he was marriad on the 17th of April 1774. She having died, he was married to Susannah, daughter of the Hon. George Wyllys, of Hartford, (Secretary of State,) on the 22d of Janu- ary, 1788. Previous to this last date, his popularity had begun to wane. By our town records it appears that committees were appointed to oppose certain claims of his against the town -- and subsequently a committee was chosen to prosecute him for allodrod "due to the town." He had scarcely been mar-
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ried a year, before his young wife petitioned the General Court for a divorce, on the ground of intemperance, personal abuse, &c .; and her petition was granted. In 1789 he re- resigned the office of Town Clerk "at the particular request of the Selectmen."-and after the year 1791, he appears to have lived in obscurity and poverty until his death in 1802: His remains were interred in the burying-ground west of the village of Litchfield, but no stone was ever erected to his mem- ory. He left one daughter, who died unmarried.
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EDMUND KIRBY.
In another part of this volume we have briefly noted the life and character of the Hon. Ephraim Kirby, a distinguished lawyer and politician of the last generation. He had three sons, viz., Ephraim, who died young ; Reynold-Marvin, a Ma- jor in the U. S. Army ; and Edmund, the subject of this sketch. One of his daughters married Major Belton, of the Army ; an- other became the wife of Colonel Joseph L. Smith, who was formerly an attorney in Litchfield, subsequently an officer in the Army, and at a still later period was Judge of the District of East Florida. She was the mother of Major Ephraim K. Smith, who fell in the assault on Molin del Rey. in Mexico ; and Lieutenant Edmund K. Smith, who was also distinguish- ed in the war with Mexico.
EDMUND KIRBY was born at Litchfield on the 8th of April, 1794, and continued to reside in his native town until the breaking out of the war between the United States and Great Britain in 1812, when he received a Lieutenant's com- mission in the Army. He served with distinction throughout the war, on the Northern and North-Western frontier, and re- ceived the highest commendation from his superiors in rank: Immediately after the Peace of 1815, he was placed in com- mand of the military station at Detroit, in the Territory of Michigan. This was a frontier post, and the few white set- tlers scattered along the line, were constantly exposed to the depredations of the savages. Hence the duties of the officers and soldiers there stationed, in protecting and defending our own citizens, were frequently of the most onerous and difficult
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nature-requiring courage, sagacity, and skill. Here Kirby remain for five years, and until appointed Aide-de-Camp to Major-General Jacob Brown, whose daughter he married. In 1821, he was transferred to the City of Washington, having been appointed to the honorable and responsible post of Ad- jutant General. He remained at the seat of Government, in the discharge of the duties of this office, for about two years, when, having been appointed Paymaster, he took up his resi- dence in Brownville, Jefferson county, N. Y., (the seat of his father-in-law, Gen. Brown,) where his family have since con- tinued to reside.
From 1832 to 1840, Major Kirby served faithfully through the Black Hawk, Creek and Seminole wars. His duties proper, were but a small part of those actually rendered by him. On the march, in the camp, and in the field-wherever duty or danger might call-he was wise and prudent in council, and prompt and efficient in action. The diseased or the wounded soldier found him at his side, to soothe his sufferings and ad- minister relief.
Soon after General Taylor marched to the Rio Grande, he was joined by Major Kirby, who continued at his side, as an accepted Volunteer Aide-de-Camp, until the "Regulars" were called to join General Scott. For his distinguished services at the taking of Monterey, he was promoted to the rank of Lieu- tenant-Colonel. In addition to his arduous duties as Chief of the Pay Department, he also acted as a Volunteer Aide to Gen- eral Scott at Vera Cruz, Cerra Cordo, Contreras, Cherubusco, Chepultepec, and the City of Mexico, and distinguished him- self for wisdom, bravery and fidelity. For his meritorious ser- vices in this campaign, he was honored by the President and Congress with a Colonel's commission.
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