USA > Connecticut > Litchfield County > Woodbury > History of ancient Woodbury, Connecticut : from the first Indian dead in 1659 to 1854 > Part 41
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He married Ruth, only daughter of Rev. Noah Benedict, third pastor of the first church in Woodbury, and had one child, Hon. Na- thaniel B. Smith, now residing in this town.
Almost immediately after entering upon the practice of his profes- sion, he rose to eminence in it. Some of his first arguments were masterly forensic efforts. At that period the bar of Litchfield was second to none in the state. It was furnished with a large number of men of distinguished ability. Notwithstanding this competition, he soon found himself favored with a large and successful practice, and rose more rapidly to the highest grade of his profession than perhaps any other man before him. His powers of thought and elo- cution gave him almost unlimited dominion over his audience. Whenever he spoke, there was a breathless silence. All eyes were upon him, and all ears heard. In October, 1789, less than two years after his removal to this town, he was elected a member of the Gen- eral Assembly, and was re-elected four times previous to 1795. By this means an opportunity was afforded him of becoming more gen- erally and widely known. In the house he was a distinguished member, and took a leading part in the deliberations. To him this state is indebted in no inconsiderable degree, for some of the leading measures of those times. Among these may be mentioned the grad- ual extinction of slavery, and the permanent system of common school education, connected with the disposal of the public lands be- longing to the state. In the year 1795, Yale College bestowed upon him the honorary degree of master of arts. In the same year he was elected a member of the congress of the United States, in which office he served four years, when he declined a second re-election. That
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body then embraced the first talents in this country. Amid such a constellation of able and distinguished men, though his course was less brilliant than that of a few others, yet such were his strong com mon sense, and his clear and comprehensive views on every subject which he discussed, and such his precise and original mode of think- ing and of expression, that his speeches were always heard with marked attention, and his opinions highly regarded. He particularly distinguished himself in the discussions in the house, relating to the ratification of the British treaty.
On his making known his intention to decline a third election to Congress, in the fall of 1798, he was placed in nomination for a seat in the council, or upper house of the legislature of this state, elected in 1799, and on his return from Philadelphia, in the spring of 1800, took his seat as a member of that body. He remained a member of this body till May, 1805. In October, 1806, he was elected a judge of the supreme court, and it is not too much to say, that though this state has frequently had more learned judges in her courts of justice, it is much to be doubted whether, on all accounts, she ever had a bet- ter one. Of the distinguished ability and impartiality with which he discharged his duties while on the bench of this court, too much ean scarcely be said.
It was while occupying this station that he first began to experi- ence the latent causes of that disease, which finally terminated his life. It did not, however, become very alarming till the fall of 1817. Then he began to feel the necessity of leaving the bench, and had come to the resolution to do so, but from some improvement in his health, in the course of the winter, and from the state of public affairs in relation to the court and other matters, he was induced to change his purpose, and consented to stand or fall with his brethren. This was the period called " toleration times," and much bitterness of party spirit existed. He accordingly remained in office till 1819, when the new organization took place under the present constitution of the state. This was the last year of his public services, and for him it was fortunate that it was so, as a longer continuance in them might have hastened the termination of his life. He left the bench with a high and unsullied reputation, followed by the regrets of his fellow- citizens, even of those whose political opinions did not accord with his own. Of the views of his sound, practical good sense, entertained by his contemporaries, a single instance only, among many, will be no- ticed. This was his appointment, in conjunction with Chancellor
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Kent, of New York, and a distinguished divine of New Hampshire, to establish a new site for Williams College.
Perhaps it is proper to say a few words more of the intellectual and moral powers of one who so successfully concentrated the admi- ration and respect of his fellow-citizens. As we have seen, he owed little to education and the force of early training. He held his powers by a higher diploma than any university could furnish. Providence bestowed upon him original, native powers, rarely equaled, certainly not surpassed by any of his compeers, save perhaps Oliver Ellsworth. For keenness of discernment, accuracy of investigation, adroitness in argument, and energy in delivery, it was difficult to find his equal anywhere. His powers of elocution were more effective than those of any other public man of the state except Pierpont Edwards. His mind had an unusual power in penetrating every subject submit- ted to its analysis. He saw them at a glance in all their connections and ramifications. Such conclusions as subordinate minds attain by patient labor and reflection, he knew by intuition. Ile possessed the rare power of being equal to the emergency, whatever it might be. Like other strong minds, his powers were not enfeebled by diversion to a multiplicity of objects. He could, at any and all times, coneen- trate his whole mental power upon the subject under examination ; and while seeing a thing clearly himself, he possessed the faculty of so vividly presenting the subject to the minds of others, that they could see it in the same clear light. IIe read human nature with great accuracy, and was rarely deceived in the estimates he made of men. To the exercise of judicial functions he was eminently adapted. He generally reasoned without much consulting authorities, and by a comparison of his reasoning with that in books he had never read, it often appeared that he had arrived at the same results, and by the same processes of reasoning, that Mansfield or Ellenborough had done before him. In fine, as a " man of mind-of exalted capabili- ties and pure aspirations, few of his generation might be compared with him." After his death, Judge Reeve remarked, "I will not say that Judge Smith has not left his equal, but I will say he has left no superior living." A distinguished ex-governor of the state, now liv- ing, lately said of him, " Connecticut never produced a greater intel- lect than Judge Smith possessed."
It still remains to speak of a most interesting part of the history of Judge Smitlı. Reference is made to that part in which he appears as a Christian. He was never an infidel. IIe possessed too much sense, candor and fairness of mind to allow of that. His conduct was
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so far from this that he always entertained a high respect for the Christian religion. Yet he, at one period of his life, had doubts re- specting that important change which is wrought by the spirit of God in the hearts of men, as a necessary preparation for a better world. For many years he felt a strong desire to prove the reality of such a change in his own experience, if, indeed, such a change were a real- ity. At length, at the age of forty-six, in the full vigor of his under- standing, at a time of life when his imagination, never the controlling faculty of his mind, could not be supposed to have deceived him, and in the hour of calm, deliberate reflection, such a change was wrought upon him. Certainly some great and remarkable change took place in his experience. Of it he was conscious, and frequently spoke to his Christian friends. Under its continned and prevailing influence, through many years, he afterward lived, and under the same influ- ence he appeared, at last, to die, full of those calm, steadfast, cheer- ing hopes beyond this life, to which such a change, and nothing else, is wont to give birth. The circumstances of this change were such as usually mark it in great and earnest minds. Of its reality, as the work of a divine agent, he appeared to entertain no doubt. These views and feelings were for some time kept concealed from his most intimate friends, from a perhaps mistaken regard to considerations of prudence, and even of duty. Placed as he was, in an office of high responsibility, and at that day, of some delicacy and difficulty, too, through the violence of party strife and animosity, and fearing that in this situation, a public avowal of his change might be attributed to unworthy motives, and made use of for improper purposes, he, for a time, retained the important secret within his own heart. His feelings on these subjects are alluded to in a letter to his son, then a student in Yale College, dated April 18th, 1813, as will be seen by the following extract : .
" You may well suppose, that I have not formed a very high opinion of the outward forms of religion, and in that respect, perhaps, I may have erred. I have, indeed, latterly entertained doubts of the correctness of my conduet in that particular. But whatever importance may be attached to the outward fornis of religion, I entertain no doubt of the high importanee, and the absolute necessity of that internal principle, implanted by regeneration. The doctrine of spiritual birth, whatever ridicule and contempt the world may cast upon it, is, nevertheless, the life and soul of the Christian scheme, and whoever denies It altogether, or what is worse, because more insidious, denies its spirituality, and places the change in something in which it does not exist, may as well deny the whole Christian religion, and form one altogether of his own, better adapted to his natural disposition. Since I have begun, I should delight in
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writing mnuch on the subject, did not my strength in some measure fail me, and did not I fear, that your patience would fail you. Perhaps, indeed, I have written enough unless you should wish to have more, in which case I have no objection to correspond further. Your present age is of all others best adapted to these inquiries and pursuits. And surely the solemn truths which all agree in-that the continuance of life is short and uncertain-that death and a never- ending eternity of happiness or woe, are awfully certain, are sufficient to call np the attention of any rational being to the subject, and at least lead him to search the Scriptures. Though I am willing you should keep this letter, I would not have you show it, or mention its contents to any one. I have had my reasons, and still have, for not wishing to become the object of remark on this subject. Perhaps they are not sufficient-be that as it may, you must allow me to be the judge.
30000 affectionate father M. B. IT
From other sources, as well as from the above, we learn that he was not altogether satisfied that the course of conduct he had adopted on this subject was the correct one ; for upon the taking place of a settled state of things in the society and church, and when his situa- tion in regard to public affairs became such as to preclude any mis- construction of his motives, he hesitated no longer to speak freely of his change, and to make a public profession of his faith in the Re- deemer, and of his high hopes of a glorious immortality growing out of that faith. His only and latest regrets seem to have been, that he had not before declared his attachment to his Lord and Saviour, and . been more openly and actively engaged in his service. In his last sickness, from the nature of his disease he had many distressing hours, but his confidence in those great truths never forsook him. To an uncommon degree they alleviated his sufferings. By them his path through the valley of death seemed illumined. The day before his deatlı, as his brother Nathan, of New Haven, stood by his bedside, he remarked, " I have had a hard day's work, brother, but I hope it will end peacefully before morning." While resting on these bright hopes of immortality, so animating and comforting, he was enabled to commit his family as well as his own future and eternal destiny, to Ilim whom he believed to be the Author and Finisher of his faith,
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and his spirit took its peaceful departure for the land of rest, on the 9th of March, 1822.1
HON. NATHANIEL B. SMITH,
Son of the preceding, was born at Woodbury, Dec. 7, 1795, and graduated at Yale College in 1815. IIe read law in company with Hon. Truman Smith and Hon. John M. Clayton, in the office of Hon. Noah B. Benediet, and with them and others at the law school of Judge Reeve, at Litchfield. They were together admitted to the bar of Litchfield county in 1818. He immediately engaged and fitted up an office in the " Glebe Building," at New Haven ; but his father, be- ing at this time in infirm health, induced him to change his purpose, and open an office in Woodbury. He continued the practice of his profession for two or three years, when the care of his father's estate, (he having a large landed property.) engrossed his time and atten- tion, and he has since remained in agricultural pursuits. He repre- sented the town in the General Assembly in 1828, and again in 1847. Ile was appointed judge of probate, May, 1838, and held the office by successive appointments till May, 1842.
HEZEKIAH THOMPSON, ESQ.,
Was one of the first lawyers in Woodbury, having commenced practice about the year 1757. For a sketch of his life, the reader is referred to the genealogy of the " Thompson Family," near the close of the volume.
DOCT. EBENEZER THOMPSON,
Was a physician in Bethlehem society for a number of years. Tradition is silent in regard to his standing in community, and his attainments as a physician. Ile died in 1750, leaving a wife, Mary (Judd,) and three daughters, Lois, Esther and Mary. His widow died in 1752.
1 The author has derived valuable aid in the foregoing sketch, from minutes fur- nished him by Rev. S. R. Andrew and Hon. Charles B. Phelps.
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DOCT. ABRAHAM TOMLINSON,
Resided in Judea society, and was there as early as 1758, his name appearing in the tax list as early as that year. He remained there some years, but finally removed to Milford, Conn.
DOCT. LEMUEL WIIEELER,
Settled early in Southbury society, in the practice of the medical profession. IIe was respectable in his profession, and stood well among his neighbors as a man and a citizen. He espoused the cause of his country, in the Revolution, and served for a time as surgeon's mate. He died in August, 1782, leaving a widow, Abiah, and one son, Obadiah, the same who has been mentioned in connection with the applicants for salt at the " Hollow store," and a daughter Pru- dence, who married a Baldwin.
CHIARLES II. WEBB, M. D.,
Is the son of Charles L. Webb, Esq., of Litchfield, and was born in that town. He studied medicine under the direction of Dr. Abbe, of Litchfield, and took the degree of Doctor of Medicine, at the Uni- versity of New York. He settled in the practice of his profession in Woodbury soon after his graduation, remained here some years, when he removed to the state of New York, where he remained a few years, whence he returned to this place, and still resides here in the full prac- tice of his profession. He married Miss Jennette Moody, daugliter of James Moody, of Sharon, and has three daughters. He had a son, a very promising lad of ten years, who was drowned while bathing in the Pomperaug River, Aug. 5, 1844.
DOCT. EBENEZER WARNER.
The subject of this sketch has been, perhaps, sufficiently noticed in a former chapter of this volume, but he is introduced here again to show an unbroken chain of physicians for four generations, all bear- ing the Christian name of Ebenezer, and all practicing their profes-
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sion and ending their lives in the place of their birth, except the first. The latter died in 1755, and left three sons, Ebenezer, Benjamin and Thomas, and six daughters, Martha, Margaret, Rebecca, Lydia, Fran- ces and Rachel. Ile had a daughter Tamah, who married Remem- ber Baker, and was the mother of Capt. Remember Baker, of Revo- Intionary memory. Benjamin was the father of Col. Seth Warner, of the Revolutionary army. Mary, the sister of Capt. Baker's father, married Joseph Allen, and became the mother of Col. Ethan Allen, the hero of Ticonderoga. Baker was therefore cousin to both Allen and Warner, but they were not related to each other. Ebenezer, mentioned above, became the second Doet. Warner, and father of the third Doet. Ebenezer, who was the father of Doct. Ebenezer War- ner the fourth. There were also a Doet. Reuben and a Doet. Ben- jamin Warner from these families. They were men of that stamp, who are said to " take up their profession in their own head," which means that they were not regularly bred physicians. They used, principally, combinations of roots, herbs and other domestic medicines in their practice, and several of them became distinguished for their success in treating disease. They are also said to have used freely the " gall of rattlesnakes." The descendants of these men are nu- merous in the original territory, and elsewhere, at the present day.
COL. SETH WARNER.
All readers of our country's history are familiar with the exploits of the Green Mountain Boys, and it is agreed on all hands, that Ethan Allen, Seth Warner and Remember Baker, mentioned in the pre- ceding sketch, were, to say the least, among their most efficient lead- ers, and among those who suffered most for their cause. The char- acter of Col. Warner has been ably drawn by Daniel Chipman, LL. D., of Vermont, in a little book published by him in 1848, and all that is intended in this sketch is to give a brief statistical account, drawn principally from that memoir. It is not proposed to go over the same ground again, and give a full memoir, though it would be a pleasing task, did the limits of this volume allow it, to give a full his- tory of this so honorably distinguished son of ancient Woodbury.
HIe was born in Roxbury parish, in the year 1743. Without any advantages for an education beyond those which were to be found in the common schools of those times, the nearest of which, at the date
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of his birth, was in the present limits of Woodbury, nearly six miles from his birthplace, he was early distinguished by his energy, sound judgment, and manly, noble bearing. In 1763, his father, Dr. Ben- jamin Warner, son of the first Dr. Ebenezer Warner, removed to Bennington, in the New Hampshire grants, the second year after the first settlement of the town. The game with which the woods abounded at once attracted the attention of young Warner, and he was soon distinguished as an indefatigable, expert and successful hunter. He was also a skillful botanist, and often alleviated the sufferings of the settlers, by the skillful applications of "roots and herbs." About this time a seene began to open, which gave a new direction to the active and enterprising spirit of Warner; the contro- versy between New York and the settlers upon the New Hampshire grants had commenced. New York claimed jurisdiction to the Con- nectieut River, and New Hampshire also claimed jurisdiction to with- in twenty miles of the Hudson River. The crown decided in favor of the claim of New York, and established the western bank of the Con- neeticut as its eastern boundary. All this would have been well enough if it had been a simple change of jurisdiction, but New York claimed that the decision in its favor invalidated the patents of the settlers' lands, granted to them by the government of New Hamp- shire, and proceeded to grant the lands to others. Hence arose the contest, the settlers refusing to leave the lands they had bought and paid for in good faith. They therefore determined to resist the ex- ercise of the authority of New York within the grants. When a sheriff undertook to serve any process, he was resisted by force. This course was not adopted until after the trial of several suits at Albany, under the direction of Ethan Allen, it was found that no jus- tice could be obtained at court. During the whole contest with New York, Warner was the commander, or rather the leader, for all put themselves under his guidance, and in all their conventions and con- sultations, he was looked up to as the able, prudent and safe counsel- or. In 1771, the governor of New York issued a proclamation offering a reward of twenty pounds each, for the arrest of Ethan Allen, Seth Warner, Remember Baker, and some others. Under this proclamation, Baker was early next year seized in the night, and hurried with the greatest speed toward Albany, but was rescued by Warner and his party before reaching that place. Still later, the governor of New York offered a reward of fifty pounds each, for the arrest of Warner, Allen and Baker.
Having been thus engaged as a prominent leader of the Green
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Mountain Boys, in their contests with the authorities of New York, the subject of this sketch was well fitted to engage in the arduous struggle of the Revolution. Accordingly we find him in the very commencement of that contest, engaged in the enterprise against the enemy's posts on Lake Champlain. Allen commanded the party that took Ticonderoga, and Warner commanded that which took Crown Point. After Col. Hinman's regiment reached Ticonderoga, Allen and Warner set off on a journey to the Continental Congress, to procure pay for their men and liberty to raise a regiment on the New Hampshire grants. In both these objects they were successful. The regiment was raised, and Warner was appointed its lieutenant- colonel, by a vote of forty-one to five. In September, 1775, Warner was found at the head of his regiment, during the siege of St. John's, by Montgomery. Gen. Wooster wrote him a letter in January, 1776, asking him to raise a body of men in the middle of winter, and march them into Canada. In an incredibly short time, Warner, in answer to the summons, appeared in Canada with the required num- ber of men. On the 5th of July, 1776, Congress again resolved to raise a regiment out of the troops that had served with so much rep- utation in Canada, and Warner was again appointed lieutenant- colonel. He raised his regiment, and repaired to Ticonderoga, where he remained till the close of the campaign. He was in service again in 1777, and was present at the battles of Hubbardston and Benning- ton.
Soon after the battle of Bennington, Warner was advanced to the rank of colonel, but was unable to, perform much active service after this. His constitution naturally strong and vigorous, gave way under the fatigues and hardships which he endured in the service, particu- larly in his winter campaign in Canada. In a return of his regiment, made November 10th, 1777. Col. Warner was returned " sick at IIoo- sick." Ile recovered from this sickness, but was never afterward able to perform any active service, and, of course, received no further promotion. He was, however, continued in the command of his regiment, residing with his family at Bennington, to the end of the year 1781. In 1782. Warner removed to his native parish, in hopes of obtaining relief from the painful disorders under which he was suffering, but his hopes proved fallacious, and he gradually wasted away till the 26th of December, 1784, when death put an end to his sufferings.
Ile was rising six feet in height, erect and well-proportioned, his countenance, attitude and movements indicative of great strength and
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vigor of body and mind, of resolution, firmness and self-possession. His commanding appearance, and known character, undoubtedly saved him from many an attack by the "Yorkers." In one instance only did any one attempt to arrest him single-handed. An officer from New York attempted to arrest him by force, and Warner con- sidering it an act of lawless violence, attacked, wounded and disarmed him, but with the spirit of a soldier, saved his life, and permitted him to return to New York. He pursued his public and private business among the settlers in the different towns, with apparent unconcern, and yet he was always prepared for defense. He seemed to be en- tirely unconscious of fear. He was distinguished for his cool cour- age, and perfect self-possession, on all occasions. He was so much engaged in public affairs that he almost entirely neglected his own, and the moderate property which he inherited, he spent in the ser- vice of his country, and left his family destitute. The proprietors of several townships gave him tracts of land, of considerable value, as a reward for his services in defense of the New Hampshire grants, but the greater part, if not all of them, were sold for taxes, and his heirs never received any considerable benefit from them. In October, 1787, the legislature of Vermont generously granted to his heirs 2,000 acres of land, in the north-west part of the county of Essex. When that section of the state was explored, this land was found to be of little or no value, and it yet remains unsettled.
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