History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 4

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1883
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1818

USA > Massachusetts > Bristol County > History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men > Part 4

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He was married to Betsey, daughter of the Hon. John Avery Parker, of New Bedford, a leading mer- chant of that city, and at his death the richest man in New Bedford.

Mr. Coffin never held office of any particular con- sequence, but confined his attention, time, and skill to his profession, and at his death, September, 1854, he was without question the ablest lawyer in South- ern Massachusetts. It is said that Daniel Webster, after a hard-fought case at Nantucket, in which Mr. Coffin was engaged against Mr. Webster, speaking afterwards about the case, and in answer to a ques- tion, " Who is Tim Coffin ?" said, "He is the ablest lawyer in the United States. He is one I should prefer not to meet of all others I know of."

It is said that he once, after a very able argument before the Supreme Court, in answer to the inquiry of the court (Chief Justice Shaw), " If he had any au-

1 The editor acknowledges his indebtedness in the preparation of this chapter to Hon. W. W. Crapo, ex-Attorney-General Geo. Marston, IIou. E. L. Barney, Thomas M. Stetson, Hon. Lincoln F. Brigham, Charles W. Clifford, Esq., and Rev. S. Hopkins Emery.

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thority to cite to the court to sustain his view and legal points?" replied, "No, your honor, that is for the court to be responsible for its decision. I should prefer not to." He was a very generous and liberal man, with a very kind heart. He was very strong in his likes and dislikes, so that he was a most ardent friend and a very disagreeable enemy. His body lies in the South Cemetery, New Bedford, and where a fine monument was erected to his memory by his children.

JOHN S. RUSSELL was born in New Bedford in 1797, and was the son of Charles Russell and Martha Tillinghast. He studied law in the office of Lemuel Williams, at New Bedford. After his admission to the bar he practiced law in Taunton. He afterwards moved to New Bedford, opened a law-office, and con- tinued in practice until his death in 1834. He was a well-read lawyer and well grounded in the principles of his profession. He was a Quaker. He acquired the reputation of being an honest lawyer; by that I suppose he was slow to advise men to go to law, acting out his religious convictions as well as his profes- sional observation. To this day, nearly fifty years since his death, whenever spoken of he is mentioned as one that maintained the honor of his professional life. He died in 1834, much esteemed and regarded by his neighbors and fellow-townsmen.

LEMUEL WILLIAMS was a lawyer who practiced in New Bedford some fifty years ago. He was at that time one of the leaders of the bar. He was at one time collector of customs in New Bedford, but many years ago he removed from New Bedford to Worces- ter, and so much of his professional life was spent out of the county, we have not thought it proper to say more about him, as he more properly belongs to Worcester County than to Bristol.

CHARLES H. WARREN was also one of the early lawyers in New Bedford. He occupied a very hon- orable position, was an able advocate, was for several years district attorney before 1836, afterwards was made judge of the Court of Common Pleas, and was an upright and faithful judge. After he returned from the bench he was made president of the Boston and Providence Railroad, which office he held until his death.

EZRA BASSETT was born in Rochester, in the com- monwealth of Massachusetts. His parents were poor people. He studied law with his brother, Anslem Bassett, Esq., at Taunton, and commenced the prac- tice of the law in Taunton. He also for a short time had an office in Attleborough. In 1834 he came to New Bedford, and there remained, having a consider- able share of the law business until his death, in De- cember, 1843. He was a good lawyer, had consider- able admiralty practice, and was earnest, energetic, and faithful in his client's interest. He had a large and well-selected law library, perhaps the best law library at the time of any lawyer in New Bedford. He is frequently spoken of by the present members

of the bar in the city of New Bedford with much respect. There is now only one member of the bar (Judge Prescott) at New Bedford who was practicing law at his death.

HON. H. G. O. COLBY 1 was the son of Rev. Philip and Harriet (Sewall) Colby, born 1807 in Hallowell, Me. His father was born in Sanbornton, N. H., July 30, 1779, and he was the son of Isaac Colby, a farmer of great industry and strong mind, strict integrity, stern common sense. The maiden name of the wife of Isaac Colby was Phebe Hunt, daughter of Philip Hunt, of Newburyport, Mass., very domestic in her habits, and of a very tender, loving heart. They had nine children. In the year 1800, Philip, the father of Judge Colby, went to Portland, Me., as a merchant's clerk, and afterwards established himself in mercantile pursuits in Hallowell, Me., which he followed for eight years. Six of these years he had been married to his first wife, Miss Harriet Sewall, daughter of Mr. Thomas Sewall, of Vassalborough, Me. They were married the 28th of June, 1804. They had two children. On the 24th of October, 1810, the eldest, a lovely boy of five years, died. "A very remarkable boy," writes Miss Caroline, a daughter of Judge Colby ; " his name Hamilton Van Renssalaer." In February of the following year, the 28th, 1811, the mother also died. "A woman of very fine and most lovely char- acter," writes again Miss Caroline, adding, "these, the mother and the son, are buried side by side at Augusta, Me."

This was the beginning of the Christian life of the father of Judge Colby. He joined himself to the church of Rev. Mr. Gillett, Hallowell, with his wife in her sick-room, and dedicated not only himself but his family to the Lord. He soon relinquished his secular business, and removing to Salem, Mass., spent nearly four years studying with Rev. Dr. Worcester, of the Tabernacle Church, and secretary of the Amer- ican Board of Missions. This course of study addi- tional to his academic course in Gilmanton, N. H., and supplemented by a large acquaintance with men and things in a long mercantile life, above all, aided and enforced by the teaching which comes from above, well furnished him for a successful and most nseful pastorate with the church in North Middle- borough, Mass., continuing from the summer of 1817 to the time of his death, Feb. 27, 1851, thirty-four years.

Harrison Gray Otis Colby, the subject of our present notice, was the only surviving child of the first marriage of the minister. He gave promise even in his boyhood of future eminence. So schol- arly was he that his mother's brother, the eminent Dr. Sewall, of Washington, took charge of his educa- tion and saw him through college.

After completing his study of law he was admitted to the Bristol County bar, taking up his residence in

1 By. Rev. S. Hopkins Emery, of Taunton.

HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.

Taunton. Subsequently he removed to New Bedford, having married his wife there, a daughter of John Avery Parker, Esq. Mr. Colby easily took rank among the foremost of the lawyers of the commonwealth. It was no surprise when he was promoted from the bar to the bench. He was of a tall, commanding figure, resembling in this respect his father, and, like this father, he was dignified, courteous, "every inch a gentleman."

His daughter Caroline, in 1876, writes : " My father died Feb. 22, 1853, and is buried in New Bedford. Four children, three daughters and a son, survived him, the latter being the youngest child, and now an officer in the United States navy. I have the honor and privilege of being the eldest of the family, and my mother has all her daughters with her, except the be- loved sister next to myself, who died ten years since, leaving a daughter, the only grandchild, as none of the others have ever married."

I will add, the widow of Judge Colby became the wife of Rev. Dr. Lambert, a distinguished clergyman of the Protestant Episcopal Church in Charlestown, Mass.

THOMAS DAWES ELIOT was born March 20, 1808, in Boston. His father, William Greenleaf Eliot, was of a Boston family, though a resident of Washington for the latter part of his life. His mother's family for many generations were also of Boston. He was named for his grandfather, Judge Thomas Dawes, of the Supreme Judicial Court, whose father was Col. Thomas Dawes, of the Boston Committee of Safety in the Revolutionary period. Mr. Eliot married in 1834, Frances L. Brock, of Nantucket. His brother, Dr. William G. Eliot, is chancellor of the Washing- ton University, at St. Louis, and has been long known as a distinguished Unitarian clergyman in that city. His youngest brother, Capt. Frank A. Eliot, of Phila- delphia, was killed at the battle of Chancellorsville in 1863.

Mr. Eliot was graduated in 1825 from Columbia College, in the District of Columbia, and delivered the Latin salutatory address. He soon after com- menced his law studies with his uncle, Chief Justice Cranch, of the Circuit Court of the district, and de- voted himself to a profession which never lost its charms to him. About 1830 he went to New Bed- ford, completed his studies with Judge Charles H. Warren, then in full practice, and upon his admission to the bar was invited to a partnership by Mr. War- ren. After Mr. Warren went upon the bench, Mr. Eliot's practice became very large, comprising com- mon law causes in Bristol, Plymouth, Barnstable, and the island counties, also an extensive equity busi- ness, and employment in admiralty causes, then be- coming very numerous in Southern Massachusetts. He was for about thirty years a regular attendant at all the jury terms in this part of the State, and in ad- dition to his business as senior counsel, kept up his own office business in all branches except criminal

practice. He was a thorough legal scholar as well as practitioner, master both of the great principles of the law and of its development by the decisions of the court, fully equipped and ready in the varying as- pects of a trial by jury, and also in the statelier and more scientific debates in banc.

Among the causes which attracted public attention in which he was engaged we note the great litigation between the two divisions of the denomination of Friends, where the title to the Quaker meeting-houses in Massachusetts and Rhode Island was at risk, and in which the usages and faiths of the respective sects underwent legal investigation ; also the contests in this county, where he maintained the chartered powers of the Massachusetts Medical Society on issues raised by physicians of the homeopathic school. We note also a private suit, but which from its novelty and magnitude drew general professional and public at- tention, as the result depended upon the execution, force, and effect of mutual wills. This was the suit of Hetty H. Robinson es. Thomas Mundell, involving an estate of three millions. The subject of marine insurance was of great and growing importance during his practice. The whaling fleet of New Bed- ford alone contained about four hundred vessels, and we find his name in the reports of nearly all the causes which grew out of the losses of this great fleet, and the curious peculiarities of whaling-ships and whaling. His tastes were so professional that he twice declined an appointment to the bench. He had no desire for office-holding as such, and after serving in the Massachusetts House of Representa- tives and Senate, as the young lawyers were expected to do, kept aloof from political action for many years, devoting himself to practice in the courts, where his reputation for skill, force, and honorable methods was an enviable one. He was of great industry, close application, and conscientious fidelity to his clients, and never lost their confidence.

In 1854 he was invited by the Whigs of the First Congressional District to become their candidate for Congress for an unfinished term. His election fol- lowed, and he took his seat in the Thirty-third Con- gress, in the midst of the intense excitement attendant upon the introduction of the Kansas-Nebraska bill, took part in the debate, and his printed speech was circulated by the Whig party to prove its concurrence with the growing anti-slavery sentiment of the State. The next year the Whig party went down before the Native American organization. Its State ticket and all its members of Congress were defeated, and the party never again appeared in political action.

The slavery issues were now engaging political attention. The "Conscience Whigs," so called in Massachusetts, deemed their old party useless for the situation, and sought, with the aid of the Free-Soil organization and practical anti-slavery men of all schools, to organize anew. The result was the Re- publican party. Mr. Eliot was greatly interested in

7. 2. Elcor

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its formation. He organized the first meeting of the new party in this county. He was unanimously nominated as its candidate for attorney-general of the commonwealth, but declined the nomination, and later presided at its State Convention. After he had been absent from Congress for two congressional terms, the First District again elected him by an immense majority. From this re-election he con- tinued in Congress without opposition till his refusal of further service in 1869. He was early identified in Congress with the anti-slavery spirit of the North. In 1854 he made the first effort for repeal of the Fugitive Slave Law by offering a bill for that pur- pose. In the session of 1861-62 he urged the adop- tion of views by the government that should enforce its loftiest authority, and his speeches and debates show how little he regarded all forms and traditions which stood in the way of the safety of the people, which is the suprema lex. He insisted that the pro- tection of the endangered national life justified the strongest measures. He ridiculed the idea of war upon peace principles, and the notion then prevalent of protecting rebels in their slave property when those slaves were wanted for the national defense. In this session he introduced a resolution declaring the right and duty of military commanders to emancipate the slaves of rebels, and supported it by a speech. In 1862, as chairman of the Select Committee on Con- fiscation, he reported two bills, one for the confiscation of rebel property and one for the emancipation of slaves of rebels. The former was passed, but the latter passed the House only. In 1864 he was chair- man of the Committee on Emancipation, and reported and advocated the bill establishing a Bureau of Freed- men's Affairs, which became a law. It was in the conception, formation, and passage of this bill, and in his watchful care of the interests of the bureau when organized, that he performed a service which places liis name not only among far-seeing statesmen, but among the wisest and best philanthropists. It is one of the enduring honors of the nation's statute- book, a high-water mark of the humanities of civil- ized legislation. It was vetoed by President Johnson, and was only carried over his veto by the unflagging zeal and devotion of Mr. Eliot.

He was the author of the Coolie Bill, and its pas- sage was due to his efforts. The system of importa- tion of Chinese coolies bound by labor contracts was leading to a system hardly less abominable and degrad- ing than actual slavery. Under his lead the Thirty- seventh Congress enacted a stringent law prohibiting American vessels from engaging in this trade, a result deemed by the anti-slavery sentiment of England and America as second only to the abolition of the African slave trade.

At the end of the war Mr. Eliot desired to leave Congress, but the urgent call of the district prevented, and he remained in failing health till 1869, and then absolutely declined a renomination after a service of

eleven years. He then hoped to resume practice at the bar, but increasing illness prevented. His death occurred June 14, 1870.

Eminent as he was in forensic and parliamentary debate, he was not less so in conscientious fidelity to duty, for unselfish patriotism and his noble advocacy of human rights. He had the well-won esteem of the bar and bench. In public life, too, he was com- pletely trusted by his associates and respected by his political opponents. His position was never doubtful ; he felt it the duty of statesmen to try to lead the people where they should go, and was willing to take the risks of such a course. An anecdote may be in place here showing how the astute head and kindly heart of President Lincoln recognized the same qualities in Mr. Eliot.

A citizen of Massachusetts of good character was indicted for embezzlement from a post-office. The trial was a difficult one upon evidence mainly cir- cumstantial, and the result a conviction and heavy sentence.

An application for pardon was made to the Presi- dent by the neighbors of the defendant, who had long known him and could not believe him guilty.

Mr. Lincoln referred the topic to the Law Depart- ment, and this led to an adverse and positive report from the United States attorney who had tried the case. Mr. Lincoln was not satisfied. He had ac- quired doubts of the propriety of the conviction, partly from his own examination of the case and partly from the zeal of the prosecuting officer, which he said was praiseworthy but might be too partisan. At last he wrote upon the papers " referred to Hon. T. D. Eliot .- Abraham Lincoln." Mr. Eliot made a careful investigation, was convinced that the verdict was wrong, and so reported to the President.

A pardon followed with a promptness that sur- prised and rather provoked the prosecuting officers. When Mr. Eliot next met Mr. Lincoln the latter ad- vanced with both hands extended and face full of sat- isfaction, " Well, Eliot," said he, " we've got our man clear."

We close this sketch of Mr. Eliot by an extract from the New Bedford Mercury, written at the time of his death :

" Mr. Eliot was pure-minded, kind-hearted, of ster- ling integrity, and of a most catholic spirit. In our unreserved intercourse with him, we can recall no instance in which he indulged in any unkind, un- charitable, or disparaging remarks about even those who had maligned him. He spoke no ill of his neighbor, but evinced a spirit of charity as beautiful as it is rare.

" He was a deeply religious man, always ready with good words, and as ready with good works. Of his labors in the Sunday-school of the Unitarian Church, where for years he was superintendent, many of our readers have grateful recollections. His heart was in the work, and he deeply regretted the necessity of its

HISTORY OF BRISTOL COUNTY, MASSACHUSETTS.

relinquishment. Thousands will call to mind his in- valuable services as president of the National Con- ference of Unitarian Churches and also of the Amer- ican Unitarian Association, his admirable tact in the chair, his hearty zeal and enthusiasm, and his earnest and successful exertions for fraternal nnion. He was a generous man, prompt to give to every good object, and foremost in his contributions of money or of labor to sustain all benevolent enterprises. Better than any triumph at the bar or the highest honors won in po- litical life is the simple record of his unselfish Christian life. He rests from his labors, and his works do follow him."

JOHN HAM WILLIAMS PAGE1 was born at Gilman- ton, N. H., and was graduated at Harvard College in the class of 1826. In September of that year he took charge of Friends' Academy at New Bedford, where he continued until the spring of 1829, when impaired health compelled him to resign that position. After a brief season of rest he commenced the study of the law, and was for a time at the Dane Law School in Cambridge. He was admitted to the bar in June, 1832, and at once opened an office at New Bedford, where he soon acquired a remunerative practice. His vigorous mind and capacity and method of applica- tion had mastered the principles of legal science, and his quickness of apprehension and practical industry soon made him familiar with the details of business. His vigor, earnestness, and evident ability attracted and retained clients, who never had occasion to regret their selection of counsel. If he excelled in any one branch of professional service more than another it was in the application of the law to the affairs of active business. He had grown into ripeness of experience and preparation when the disturbed condition of prac- tical affairs, before and in the year 1837, before there was any insolvent law or bankrupt law, furnished abundant occupation for bright, energetic, and capa- ble lawyers. Mr. Page had at this time a large client- age, and no one was more faithful and indefatigable than he was in his employment. He maintained a leading position at the bar of Bristol County, prac- ticing also in the counties of Plymouth, Barnstable, Nantucket, and Dukes County, until he removed to Boston to assume the duties of treasurer of the Law- rence machine-shop, a large manufacturing establish- ment, in which place he continued for many years.

Before this he was a member of the House of Rep- resentatives, and was chairman of the Railroad Com- mittee. During his service there a charter was granted for a railroad from Middleborough to Sand- wich, as the Cape Cod Branch Railroad, in which Mr. Page took a strong interest, and a few years later he was chosen president of that railroad corporation, and remained as such until his death. He supervised the financial affairs of the railroad company during the extension of the road from Sandwich to Hyannis,

and assisted largely to maintain its credit and make it finally successful. He was vigilant to understand all the details of the affairs of the company, and was thoroughly informed in railroad management.

He took a deep and practical interest in agriculture, and was for a number of years the president of the Bristol County Agricultural Society, which was never more successful than while under his efficient manage- ment.

While Mr. Page showed great capability in all the various matters with which he was concerned, in none was he more conspicuous than as a lawyer. It was an evident mistake that he left a profession the duties of which he was so well suited to fill and adorn to enter quite late in life upon the more uncertain field of business, and in which he was not wholly successful. Mr. Page was an excellent scholar as well as lawyer, and his social qualities endeared him closely to those who knew him best and understood him best.

JOHN HENRY CLIFFORD,2 the sixth of thirteen children of Benjamin and Achsah (Wade) Clifford, was born in Providence, R. I., on the 16th of January, 1809, and graduated at Brown University in 1827. He was admitted to the bar of Bristol County in 1830, after completing his course in the study of law, under the direction of Hon. Timothy G. Coffin, at New Bedford, and of Hon. Theron Metcalf, after- wards one of the judges of the Supreme Judicial Court of Massachusetts at Dedham, Norfolk Co., Mass. On the 16th of January, 1832, he married Sarah Parker Allen, daughter of William Harland and Ruth (Parker) Allen, the latter a daughter of Hon. John Avery and Averie (Standish) Parker, who was a descendant in the sixth generation from Capt. Miles Standish.

He practiced law in New Bedford from the time of his admission to the bar to the day of his death, at first, for a brief period, as the partner of Hon. Timo- thy G. Coffin, subsequently, for nearly ten years, as the partner of Harrison G. O. Colby, Esq., his class- mate in college. From 1845 to 1853 his student of law, Lincoln F. Brigham, now chief justice of the Superior Court of Massachusetts, was his junior partner, and after 1853 he had no partner in the practice of law.

His first appearance in public life was in 1835, when he was a representative of New Bedford in the Legislature of Massachusetts. It was the year of the revision of the statutes of the commonwealth, and he did good and faithful service on the large committee which had that subject in charge. In 1836 he be- came one of the aides-de-camp of Governor Everett, and retained that position until, by a single vote out of a hundred thousand votes, Mr. Everett's chief magistracy was brought to a close in 1840.

Before Mr. Everett went out of office, however, in 1839, he had conferred upon Col. Clifford, in

1 By Hon. George Marston.

2 By Hon. L. F. Brigham.

Fiz+ - 77

Johult. Clifford

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whom he had the highest confidence, the appoint- ment of district attorney for the Southern District of Massachusetts, an office in which he served the com- monwealth assiduously and successfully for nearly ten years.

Meantime, in 1845, the county of Bristol had elected him a member of the Senate of Massa- chusetts, where he gave renewed evidence of his ability and accomplishments as a debater and a legis- lator.

In 1849 he entered upon the duties of an office which was to be the field of his longest and most distinguished public service. In that year he re- ceived from Governor Briggs the appointment of attorney-general of the State.

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History of Bristol County, Massachusetts, with biographical sketches of many of its pioneers and prominent men, Part 4

Author: Hurd, D. Hamilton (Duane Hamilton) ed Publication date: 1883 Publisher: Philadelphia, J. W. Lewis & Co. Number of Pages: 1818

Author: Hurd, D. Hamilton (Duane Hamilton) ed
Publication date: 1883
Publisher: Philadelphia, J. W. Lewis & Co.
Number of Pages: 1818