USA > Connecticut > Litchfield County > The bench and bar of Litchfield County, Connecticut, 1709-1909 : biographical sketches of members, history and catalogue of the Litchfield Law School, historical notes > Part 28
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of the Court, which bear his name, the high duties of that great office have been sacredly discharged. When Chief-Justice Seymour died, Governor Richard D. Hubbard, in a public address, declared : "I think we can all say in very truth and soberness, and with nothing of extravagance in eulogy, that we have just lost the foremost, un- deniably the foremost lawyer, and take him for all in all, the noblest citizen of our State." If it be too much to say this of a son, whose years were almost a score less than those of the father, surely it is not too much to affirm that never did son tread more worthily in the footsteps of an honored parent, and never did untimely death break truer promise than this which has deprived our State of those years of ripened usefulness, which would have made the career of the son as fruitful in honor, and all good, and good to all, as that of the sire. But God knows best, and doubtless what is, is for the best. Certainly to him who lies crowned with the beautiude of Christ, upon the pure in heart, it is well .- AUGUSTUS H. FENN.
Picture on page 130.
MOSES SEYMOUR, JR. was born in Litchfield on June 30th, 1774. He held the office of Sheriff from 1819 to 1825. He gave little personal attention to it, being actively engaged in business,-and deputiz- ing his brother Ozias who was his deputy, to attend
to the Court duties. He was for a while Postmaster at Litchfield. He gave the site on which the Court House is now located to the County to be used only for County purposes. He was a large landholder, and en- gaged largely in the ex- change and sale of real property. He died in Litchfield, May 8, 1826. (See Sedgwick's Address.)
ORIGEN S. SEYMOUR, born in Litchfield February 9, 1804, grad- uated from Yale College in 1824, admitted to this Bar in 1826 and located in his native town in which he resided until his decease, August 12, 1881. He frequently represented the town of Litch- field in the General Assembly and was elected Speaker of the House in 1850. In 1851 he was elected to Congress and again in 1853. In 1855 he was elected one of the Judges of the Superior Court, which office he held eight years. In 1864 and 1865 he was nomi-
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nated for Governor by the Democratic Party. In 1870 he was elected a Judge of the Supreme Court of Errors and in 1873 was its Chief Justice, which office he held until retired by the Constitutional limitation of age in 1874. After his retirement he was engaged most of the time as a referee. The new code practice adopted by the Legislature in 1879 was prepared by a Commission over which he presided. He received the degree of I. I. D. from Trinity Col- lege in 1866 and from Yale, 1873.
The obituary notice and tributes to his great worth published in the 48 Conn. Report are but faint expressions of the feelings of all of the legal fraternity and leading citizens of the State of Connecti- cut regarding this distinguished member of our Bar.
The following obituary notice was published by the New Haven Register at the time of Judge Seymour's death : "This distinguished citizen of Connecticut died at his home in Litchfield, this morning. after a comparatively brief illness, in his 78th year. Possessed of a fondness for study, he prepared for college, and entered Yale at the age of sixteen, graduating in the class of 1824. His chosen 'pro- fession was the law, and by his assiduity and natural gifts he speedi- ly arrived at the highest rank at the Bar. Though devoted to his profession he engaged astivily in politics, espousing the Democratic cause. He was a member of the House of Representatives of Con- necticut in 1842, 1843, 1849 and 1850, being Speaker in the latter year. In 1851 he was elected to Congress from the 4th District, and at the expiration of his term was re-elected. In 1855 he be- came a Judge of the Superior Court, continuing in office until 1863. In 1870 he was promoted to the Supreme Bench. He was Chief Justice from June 5. 1873. to February 9. 1874, when he became disqualified by reason of having reached the age of 70 years, and retired from the Bench, which he had greatly adorned. Upon his retirement from the Bench he resumed the practice of the law, be- ing consulted in a great number of important cases. He served on various State Commissions, one of which was that appointed to settle the disputed boundaries between New York and Connecticut. His most important recent public duty was that upon the commis- sion to revise the Civil Practice in the State courts. Of this com- mission he was the chief part, and the report adopted by the com- mission, of which he is the reputed author, was ratified by the Legis- lature and is now the established law of the commonwealth. The series of brilliant lectures delivered by him before the Yale Law School and members of the New Haven Bar. in advocacy of the adoption of the revised civil practice, had much to do with its final adoption. Though advanced in vears he was elected a member of the House of Representatives of Connecticut in 1880, and was a con- trolling spirit in that body, although his usefulness was impaired latterly by ill health.
Born of a family distinguished both in law and in politics, Judge Seymour was one of its most brilliant scions. He was a cousin of
7
OZIAS SEYMOUR
ORIGEN S. SEYMOUR
SEYMOURS.
MORRIS W. SEYMOUR
ORIGEN STORRS SEYMOUR
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Horatio Seymour of New York, a relative of Ex-Governor Thomas H. Seymour of Connecticut, and leaves behind him two sons at the Bar, Morris W. Seymour of Bridgeport and Edward W. Seymour of Litchfield ; another son, Rev. Storrs O. Seymour is a prominent Episcopal clergyman in Litchfield. In politics Judge Seymour was a consistent, unflinching and earnest democrat. In religion he was an Episcopalian, being a devout and devoted Churchman.
While Judge Seymour was prominent in all the walks of life, whether in church affairs, politically or socially, he will be chiefly remembered as a great lawyer and a good man. By his qualities of mind and training he was specially fitted to ornament the Bar. His intellect was clear and cloudless ; he grasped the salient points of a controversy with remarkable ease and quickness ; in statement he was luminous, perspicacious and strong. His style of oratory was simple unornamental but pellucid and most convincing. Those who heard him argue a case were convinced in spite of themselves that Judge Seymour reasoned from internal conviction of the truth of his cause and they felt that the argument flowed from his intellect as a logical sequence of established facts. Hence he was, while unrhetorical, a most persuasive speaker. By his death the Bar of the State loses its brightest luminary, his party an able and effective. advocate, the church a pious and noble member, and society one who was amiable, gentle and affectionate, and who loved mankind because he recognized in them something akin to divinity. Viewed in every aspect his death must be regarded as a public calamity. That he will rest in peace needs no assurance. With such a noble life, such lofty aspirations, such a pure purpose, and with such noble fulfillments of the promises of his early manhood, he leaves behind him a record which, while it is the honor and glory of his family, is also a delight and blessing to the public. Judge Seymour was a good and great man. Ile needs no further eulogy.
His portrait is on page 210.
OZIAS SEYMOUR was born in Litchfield July 3. 1776, was a brother of Moses Seymour. Jr. He held the office of Sheriff from 1825. when he succeeded his brother in that oflice. to 1834. He was the father of the late Chief Justice Seymour. He died in Litchfield. His picture is included in the Seymour group.
MORRIS W. SEYMOUR, son of the late Chief Justice Origen S. Seymour and brother of the late Supreme Court Judge. Edward W. Seymour, was born in Litchfield in 1842, was a member of the class of 1866 Yale, graduated from Columbia Law School in 1868 and was at once admitted to the Litchfield County Bar. Mr. Seymour be- gan practice in Bridgeport and was soon elected successively city clerk, city attorney and corporation counsel. In 1881 and 1882 he was a member of the State Senate and was chiefly instrumental in establishing the State Board of Pardons of which he has been for many years, a valued member. He has been lecturer on law at Yale
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University and has given especial attention to admirality and patent cases in the highest courts of the nation. Mr. Seymour's summer residence is at the old homestead in Litchfield.
ORIGEN STORRS SEYMOUR, is a son of Morris W. Seymour, gradu- ated from Yale College in 1894 and from Yale Law School in 1896 and was admitted to this Bar in 1896. Is in practice in New York City.
FRANK W. SEYMOUR, born in Colebrook in 1871, graduated from Yale College in 1892 from Yale Law School in 1894, admitted to this Bar in 1804. Resides in Winsted and is Judge of the Win- chester Town Court. and Judge of Probate of that district.
JAMES P. SHELLEY was born in Torrington in 1859 and admitted to this Bar in 1880. Resides and practices at Winsted. Has a large practice in Pension matters and Government claims.
GEORGE F. SHELTON was a native of Southbury, but was ad- mitted to this Bar in 1851. He located at Seymour and soon be- came interested in extensive manufacturing operations in that town. He was very active in State Military matters and at one time held the office of Major General. He was also very prominent in politi- cal affairs. He died at Seymour, October 17, 1902.
GEORGE F. SHELTON was born in Southbury and graduated from Yale College in 1877. He studied law in Woodbury and was ad- mitted to this Bar in 1880. His professional life has been in the Western States very much interested in railroad litigation. He is now in practice in Butte, Montana, and is one of the counsel for Senator William A. Clark in his extensive mining industries.
STEPHEN SHELTON was admitted to this Bar in ISII from Plymouth.
DANIEL SHERMAN, of Woodbury, born August 14, 1721, was perhaps the most distinguished man that had arisen in the town previous to his day. He was a descendant of Samuel Sherman, of Stratford who emigrated to this country from England, in company with his brother, Rev. John Sherman, and his nephew, Capt. John Sherman, ancestor of Hon. Roger Sherman. He was a justice of the quorum for twenty-five years, a Judge of the Litchfield County Court for five years from 1786. For sixteen years he was Probate Clerk for the district of Woodbury, and Judge of that district for thirty-seven years. He represented his native town in the General Assembly sixty-five sessions, retaining the unbounded confidence of his fellow-citizens. This was by far the longest period of time any one has ever represented the town. He was a member of the Council of Safety from 1777 to 1781. He was a man of command- ing powers of mind, of sterling integrity, and every way qualified for the various public trusts confided to his care. He died at Wood- bury, July 2. 1799, full of honors, and was followed by the affec-
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tionate recollections of the inhabitants of the town among whom he had so long lived. (History of Woodbury). He was the an- cestor of Major-General William T. Sherman, and of Hon. John Sherman, M. C.
ROGER SHERMAN, a signer of the Declaration of Independence in 1776, was born in Massachusetts, and came to New Milford in 1750. He was admitted to this Bar in 1754 and in 1761 removed to New Haven where he lived until his death, July 23. 1793. See article on Signers of the Declaration, page 172.
OLIVER SKINNER, born in Litchfield July 18, 1782, and admitted to this Bar in 1803.
RICHARD SKINNER, LL. D. was born in Litchfield May 30th, 1778, the son of General Timothy Skinner and Susannah Marsh, his wife. He was admitted to the Bar in 1800, and removed to Manchester, Vt.
At the deidcation of the Mark Skinner Library in that town July 7, 1897, the following sketch of Richard Skinner was given by his townsman, Judge Loveland Munson: "It was in the year 1800 that Richard Skinner, then 22 years of age, and fresh from the Litchfield Law School, became a resident of Manchester and com- menced the practice of his profession. He was appointed State's Attorney for Bennington County in the second year of his practice, was elected Judge of Probate for the District of Manchester five years later, and was continued in those offices until called to more important fields of service. He was a member of Congress from 1813 to 1815, three times chosen Governor of the State, a Judge of the Supreme Court of the State for eight years, the first Chief Judge of the Court as now organized. The esteem in which he was held is sufficiently attested by the fact that for twenty-eight years, and until his voluntary retirement, he was continuously in the public service." His death occurred in Manchester May 23. 1833-
ROGER SKINNER was a brother of Richard Skinner, and was born in Litchfield June 10, 1773, and admitted to the Bar in 1793. He began practice in Litchfield but removed to the State of New York. He was Judge of the United States Court in the Northern District of that State.
ROGER S. SKINNER graduate from Yale College in 1813 and was admitted to this Bar in 1816.
BARZILLAI SLOSSON graduated from Yale College in 1791, was admitted to the Fairfield County Bar in 1793, and settled in Kent, where he died in 1843. ( See Boardman's Sketches).
JOHN SLOSSON, a son of the foregoing was admitted to this Bar in 1801. Resided in Kent where he was a prosperous merchant.
WILLIAM SLOSSON was admitted to this Bar in 1800 from Kent.
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AARON SMITH was a son of Gen. David Smith of Plymouth, grad- uated at Yale in 1790, studied at Reeves Law School and was ad- mitted to this Bar in 1793. In 1809 he located in Litchfield, where he held many official positions and died there in 1834.
CHAUNCEY SMITH, was a lawyer in Sharon in 1819, 1820. (Conn Reg.)
ERASTUS SMITHI of Plymouth was admitted to this Bar in 1828, and located in Hartford about 1833 and practiced there for forty years. He died in 1878.
JAMES W. SMITH admitted to this Bar in 1884. He went to Kansas and practiced a few years and in 1895 returned to Winsted where he is now in practice.
JOHN COTTON SMITH, born in Sharon February, 12, 1765, graduated from Yale in 1783, admitted to this Bar in 1786. He located in his native town where he died December 7th, 1845. His whole life was one continual employment in pub- lic official capacity, was rep- pesentative in Congress four terms: Judge of the Superior and Supreme Courts of Con- necticut : Governor of Con- necticut 1813 to 1817. It is impossible in this brief state- ment to mention all of his other positions. A memorial biography of his life was published. See Boardman's Early Lights.
JOHN COTTON SMITHI, JR., born in Tivoli, N. Y., graduated from Yale in 1830, admitted to the Bar in 1832. He resided in Sharon and is known much better as a politician than lawyer. He held a very influential position in the Democratic party for many years. He died at Sharon, November 21, 1879, aged 68 years.
JOSEPH L. SMITH, born in New Britain, Conn .. May 28, 1776, located in Litchfield about 1802. where he practiced until the war of 1812. He married one of Ephriam Kirby's daughters. In con- sequence of the active part he took in the 6th of August Festival 1806, he lost most of his practice. He was appointed by the ad- ministration a Major in the war of 1812, remaining in service till 1818, when he removed to Florida. From 1823 to 1827 he was a Judge of the United States District Court for Florida. He died at St. Augustine May 24. 1846. Gen. Ephriam Kirby Smith who was the last Confederate General to surrender his command was a descendant of the above.
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JUNIUS SMITHI was a son of Gen. David Smith and a brother of Aaron Smith, born in Plymouth October 2, 1780. He graduated at Yale College in 1802, and then attended the Litchfield Law School, and was admitted to the Bar and began his practice in New Haven, but soon became interested in mercantile business which necessitated his removal in 1805 to London, England, and in which he was engaged until about 1832.
During this period Robert Fulton had demonstrated the practic- ability of using steam for propelling vessels and Smith conceived the idea that steam could be used in Ocean Navigation. It was a preposterous scheme at that time. The little boats would move on narrow rivers outside of waves and winds but on the broad bosom of the ocean Neptune's power could not be withstood, and Smith's efforts were laughed at as fancies of an idle dreamer. He per- severed, however, after many rebuffs both in England and America some of which were strangely laughable : he succeeded in chartering a trial vessel but no one would take any stock in his building one. After six years the Sirius a small craft of seven hundred tons steamed out of the harbor of Cork on April 4. 1838, bound for America or as the papers of the day had it for destruction, but in nineteen days steamed into the bay of New York.
The arrival of this craft under steam in New York opened the new era of commerce and it was not long before a company was formed and a new steamship called the British Queen was built and soon Smith received great honors, Yale College adding an L. L. D. to his name.
He subsequently bought a plantation in South Carolina and be- gan the culture of the tea plant which he imported from China, and proved the possibility of growing it successfully in the United States.
NATHANIEL SMITH was born in 1762, within the limits of the present town of Washington, then a part of Woodbury. He com- menced life a farmer and cattle dealer, with scarcely the advantages of a common education. Such, however, was the impulse of his powers, he surmounted all obstacles. Studied law with Ephraim Kirby and Judge Reeve, at Litchfield, and was admitted to the Bar in that county in 1787. He commenced the practice of law at Woodbury and rose more rapidly to the highest grade of his pro- fession than almost any other man has done. His powers of thought and elocution gave him almost unlimited dominion over his audienec. He was a member of the House of Representatives in the State Legislature October 1789. October 1791, May 1792, Oc- tober 1794 and May 1795. In 1797 he was elected a representative from this State in the Congress of the United States. Having served in that capacity two terms he declined a re-election in 1801. In 1802, he was elected to the Council or Upper House of the Legislature of this State : a situation he resigned in 1804. In 1805. he was appointed States Attorney for the County of Litchfield, and
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Judge of the Supreme Court, in October, 1806. In the latter of- fice he continued until 1819. He died March 8th, 1822.
NATHANEL B. SMITH, born in Woodbury December 1795, gradu- ated from Yale College in 1815 and admitted to this Bar in' 1818. He began practice at New Haven but soon removed to Woodbury. He continued in practice only a few years. He died in Woodbury.
COL. NATHANEL SMITHI, a son of Nathaniel B. Smith, born in Woodbury in 1831, admitted to the Bar. Never engaged in the practice of law and during the rebellion was appointed Major of the 19th Conn. Infantry and was promoted to be its Lieutenant Colonel, resigning therefrom for disability May 6, 1864. He died at Woodbury AAugust 26, 1877.
NATHAN SMITH was born in Roxbury in 1770 and was admitted to this Bar in 1792 and located in New Haven. He became one of the most celebrated lawyers in the State, and had a very extensive business. He was United States Senator and died while holding that position in the City of Washington, December 6, 1835.
PERRY SMITHI was born in Washington, Conn., studied law at the Litchfield Law School and was admitted to the Bar in 1807 and settled in New Milford, where he died in 1852. He was a United States Senator for six years from March 4, 1837.
PHINEAS SMITH, JR. was a younger brother of Hon. Truman Smith, born in Roxbury, graduated from Yale College in 1816, ad- mitted to this Bar in 1818 and removed to Vermont, where he died.
RICHARD SMITH was born in Roxbury in 1769, graduated from Yale College in 1797. admitted to this Bar in 1801 and died in 1805.
RICHARD SMITH, a native of Sharon graduated from Yale Col- lege in 1825, admitted to the Bar in 1830, died in Sharon, December 21, 1878, aged 76.
TRUMAN SMITH was a son of Phineas and Deborah Ann (Jud- son ) Smith and was born in Roxbury, Conn. on the 27th of Novem- ber, 1791.
Mr. Smith graduated at Yale College in the class of 1815, was admitted to the Bar in 1818, and located in Litchfield where he re- sided until 1854 when he removed to Stamford, residing there until his death, May 3rd, 1885.
Two of his uncles, Nathaniel Smith and Nathan Smith had at- tained fame and rank at the Bar and in public life, and it seems natural that Truman Smith should be a successful practioner and be honored with many political offices. He was a member of the State Legislature in 1831, 1832, and 1834. He was a member of the 26th and 27th Congress ( 1839-43) for the 5th District and of the 29th and 30th ( 1845 to. 1849) for the 4th District. He was
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chairman of the National Committee in the Taylor campagin and offered a seat in the Cabinet which he declined. From 1849 to 1854 he was a member of the U. S. Senate. This honor he resigned and opened an office in the city of New York, and continued in practice there until the 16th day of May, 1871. when he handed over all his business to a younger lawyer, Cephas Brainerd, retaining in his own hands but two cases, known as the Lockwood and the Humaston cases.
President Lincoln appointed Mr. Smith Judge on the part of the United States of the Mixed Court at New York, established under the treaty of 7th of April, 1862, with Great Britain, and he held that position until the abrogation of the treaty in 1870.
At the Litchfield School where he acquired the preliminary knowledge of his profession, he was under the instruction of Tap- ping Reeve and James Gould : and among his fellow students were John M. Clayton of Deleware and John Y. Mason of Virginia.
Upon entering Congress, Mr. Smith at once took a prominent position. He was a member of the Committee to which were finally referred some of the questions arising in regard to the famous New Jersey Election case and he drafted the minority report upon that case. This the majority in Congress refused to print, but it was printed in New Jersey and largely circulated. His associates in the minority report were Millard Fillmore, John Minor Botts and Ben- jamin Randall. The discussion was conducted with the greatest acrimony and John Quincy Adams in his Diary says, "Mr. Smith made a speech of three hours in answer to Fisher's most disingenuous speech.'
It was Mr. Smith's habit all through his Congressional career to discuss in extenso some of the more important measures pending in the various sessions, and these speeches he always circulated among his constituents, his feeling being that they ought to know from the printed speeches as well as from the votes of their repre- sentatives what they were actually doing and saying in Congress.
Mr. Smith was deeply interested in legislation looking to the improvement of the means of communication in the country, hence he was exceedingly active in regard to the construction of the Sault Ste. Marie canal. Perhaps it may be safely said that the initiation and construction of the canal was more due to him than to any other one person. One of his last speeches in the Senate was in advocacy of a railroad and telegraph line connecting the two oceans.
Shortly before he resigned from the Senate he made his speech famous at that time and since, in reply to Douglas and against the repeal of the Missouri Compromise.
Mr. Smith came to New York at the age of sixty-three, probably too late in life to attain at that Bar a success correspondent to his talents and learning. The most important case which he conducted there was Lockwood vs. The N. Y. Central Railroad which is re- ported in 17 Wall. 321. The question presented was whether it
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was competent for a common carrier to secure exemption from liability for negligence by a stipulation in a ticket to that effect. The particular action was in favor of a drover who was taking cattle over the road under what was called a drover's pass. The courts of New York had decided in favor of the exemption. Mr. Smith's action was brought in the United States Circuit Court and Mr. justice Smalley overruled the defense and the jury returned a ver- dict for $25,000. This verdict was set aside by Mr. Justice Nelson on appeal as excessive. The case came on for a second trial before Mr. Justice Woodruff who also overruled the defense and the jury found a verdict for $17.500.
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