History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 14

Author: Hurd, D. Hamilton (Duane Hamilton), ed. n 85042884-1
Publication date: 1888
Publisher: Philadelphia : J. W. Lewis & Co.
Number of Pages: 1538

USA > Massachusetts > Essex County > History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 14

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schools of his native town, entered the counting-room of Samuel Austin, of Boston, with a view to a com- mercial life. His plans in this direction were, how- ever, after two or three years abandoned, and he fitted for college under the care of Rev. David Peabody, the husband of his eldest sister, and afterwards Pro- fessor of Belles-Letters and Rhetoric in Dartmouth College, and graduated from Dartmouth in 1842. In 1844 he received the degree of LL. B. as a graduate of the Dane Law School, at Cambridge, and in 1883 received the honorary degree of LL.D. from his Alma-Mater. He finished his law studies at New Bedford, in the office of Clifford & Colby, a law firm composed of John H. Clifford, afterward attorney- general and Governor of the commonwealth, and Har- rison G. O. Colby, who, while Mr. Brigham was a student in the office, was appointed by Governor George N. Briggs, a justice on the bench of the Com- mon Pleas Court, and who resigned in 1847, and died in 1853. Mr. Brigham was admitted to the Bristol county bar in June, 1845, and after the appointment of Mr. Colby to the bench, became in July of that year a partner of Mr. Clifford. In 1853 he was ap- pointed by Mr. Clifford, then Governor, district-at- torney of the southern district of Massachusetts, com- prising the counties of Bristol, Barnstable, Nantucket and Dukes county. In 1856 the office becoming elective by a recent law, he was chosen attorney by the people of the district, and held the office until he was appointed by Governor Nathaniel P. Banks to a seat on the bench of the superior court, then first established. Judge Seth Ames, chief-justice of that court, was appointed in 1869 by Governor William Claflin, a justice of the supreme judicial court, and Judge Brigham was promoted to the seat of chief- justice, which he has since up to this time held.

Judge Brigham married October 20, 1847, Eliza Endicott, daughter of Thomas Swain, of New Bedford, and has four sons, one of whom, Clifford Brigham, a graduate of Harvard in 1880, lives in Salem, and as a partner of George Burnham Ives, a graduate of Har- vard in 1876, is engaged in the practice of law in Salem and Boston. During the residence of Judge Brigham in New Bedford, which terminated in 1860, he was interested in military affairs, and for a time was the efficient and popular commander of the New Bedford Light Infantry, one of the most active and respectable volunteer companies in the State. In 1860 he removed to Boston, and in 1866 to Salem, which place he has since made his residence. From the exacting labors of his official station he turns to music for his chief relaxation, and in whatever social circle he has lived he has done much to cultivate and refine its musical tastes. As a judge he has won not only the esteem, but the affection also of the mem- bers of the bar, and as a man he is universally be- loved.

SAMUEL SWETT was born in Newburyport June 9, 1782. He was the son of Dr. John Barnard and

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THE BENCH AND BAR.

Charlotte (Bourne) Swett, and eutered Harvard Col- lege in 1796, having been fitted by his father at the grammar-school in his native town. He studied law in Exeter, N. II., with Judge Jeremiah Smith, and afterwards with Judge Charles Jackson and Judge Edward Livermore, and was admitted to the Essex Bar in 1803. He began the practice of law in Salem, where he married, August 25, 1807, Lucia, daughter of William Gray. He relinquished practice in 1810 and removed to Boston, where he became a partner in the firm of Wm. B. Swett & Co. In the last year of the War of 1812 he entered the army as a volun- teer on the staff of General Izard, and served as a to- pographical engineer, with the rank of major. He was aide-de-camp on the staff of John Brooks, Gover- nor of Massachusetts, from 1816 to 1823, and was three years a member of the Legislature. His wife died May 15, 1844, and he died in Boston October 28,1866.

WILLIAM S. ALLEN was the son of Ephraim W. Alleu and born in Newburyport in 1805. He gradu- ated at Dartmouth College in 1825, and after study- ing law with Stephen W. Marston, was admitted to the Essex Bar in 1827. For several years he was a partner of Caleb Cushing, and a representative from Newburyport in the General Court. He was the first editor of the Newburyport Daily Herald, started by himself and his brother, Jere. S. Alleu, in 1832. At that time the Herald and the New Bedford Mercury, which started a few months earlier, were the only daily papers in Massachusetts outside of Boston. About the year 1835 he removed to St. Louis, where he was elected to a judgeship, which he held for sev- eral years. During the last twelve years of his life he was connected editorially with the St. Louis Re- publican, and died in St. Louis in June, 1868.

STEPHEN HOOPER was the son of Stephen Hooper, a prominent merchant of Newburyport, and was born in that town in 1785. He was fitted for college at the Dummer Academy, and graduated at Harvard in 1808. He was admitted to the Essex County bar in 1810, and opened an office in Newburyport. He rep- resented the town of Newbury, to which town his father removed while he was a youth, and which place he continued to make his residence in the Gen- eral Court when he was twenty-five years of age, and at the age of thirty-one he was chosen a State Sen- ator. In 1818 he removed to Boston, and there de- voted himself to the practice of his profession. He was for several years an alderman of the city, and there died in 1825.

EDWARD ST. LOE LIVERMORE was born in Ports- mouth, New Hampshire, April 5, 1762. His father, Samuel Livermore, born in Waltham, New Hamp- shire, May 14, 1732, died at Holderness, New Hamp- shire, in May, 1803, and was Attorney-General of New Hampshire, member of the Continental Congress, member of the convention to adopt the Federal Con- stitution, president of the Constitutional Convention

of 1791, judge of the Supreme Court, member of Con- gress and United States Senator. His son Edward was a counsellor at law, and United States Attorney, and judge of the Superior Court of New Hampshire. He removed to Newburyport, and while a resident there was chosen member of the tenth Congress in 1806. He removed to Boston in 1813, and died at Lowell, September 22, 1832.

SAMUEL SUMNER WILDE, so long a distinguished justice on the bench of the Supreme Judicial Court, deserves as a resident in Essex County eleven years, a place in this record. He was born in Taunton, Mass., February 5, 1771, and graduated at Dartmouth College in 1789. He read law with David L. Barnes, of Taunton, who was afterwards judge of the United States District Court for Rhode Island. He was ad- mitted to the bar in 1792, and removed to Maine, practising his profession in Waldoboro' and Warren and Hallowell, to which last place he removed in 1799; while at Warren he represented that town in the General Court, and while at Hallowell was twice chosen one of the electors of president and vice-presi- dent, and in 1814 was a member of the executive council. In 1815 he was appointed by Governor Caleb Strong an associate justice of the Supreme Court of Massachusetts, and at the separation of Maine from Massachusetts he removed to Newbury- port, where he resided until 1831. He received the degree of doctor of laws from Bowdoin College in 1817, from Harvard in 1841, and from Dartmouth in 1849.

In early life he was an active Federalist, and lived to be the only surviving member of the Hartford Convention. He continued on the bench thirty-five years, and resigned in 1850, at the age of seventy-nine years. To those readers who remember Judge Wilde, and have been able by personal observation to meas- ure his abilities as a jurist and his high character as a man, the following letter written in Hallowell in 1820, with its estimate of the judge in the early days of his judicial life, will be interesting :

" HALLOWELL, May 31, 1820.

"It is with much regret that we learn that Judge Wilde is making preparations to leave the town and the State of Maine in order to reside in Massachusetts, and there exercise the functions of a Judge in the Supreme Court in that State.

" In his several capacities of a judge, citizen, friend and acquaintance, his value has been so generally known and felt among us that his de- parture must necessarily be viewed with concern. On the bench he is conspicuous for his talents and learning, as well as for his candor and impartiality. He is at all times affable, and yet he preserves erder ; by his industry and arrangement he despatches business ; though he knows how to be patient when the case demands it; to his mildness he joins firmness, and by his personal character he adds weight to his judicial decisions ; since his sincerity gives assurance that these decisions are in- dependent and conscientious. As a citizen he was formerly much en- gaged in public affairs, and yet he continued never to lose his temper or te give personal offence, and his intentious aud fair dealing never called in question cither when conducting his own affairs or those of his clients. Those who have known Judge Wilde as a friend are those who will most feel his loss ; since the warmth of his feelings, the pleasant- ness of his temper, and his desire to render services were always con- spicnous in his intercourse with them." * * *

Judge Wilde died in Boston, June 22, 1855.

HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

This record will be closed with a list of the present members of the Essex County bar :

Amesbury .- Horace I. Bartlett (also at Newbury- port), George E. Bachelder, George W. Cate, George Turner, Frank C. Whiting.

Andover .- George W. Foster, George H. Poor.

Beverly .- Frederick W. Choate, Samuel A. Fuller D. W. Quill, (also in Salem).

Bradford .- Henry Carter (also at Haverhill), Frank H. Pearl.

Danvers .- Danicl N. Crowley (also in Salem), Wil- lis E. Flint, Edward L. Hill, Stephen H. Phillips (also in Salem), J. W. Porter, Alden P. White (also in Salem).

Essex .- Frank C. Richardson (also at Salem).

Georgetown .- W. A. Butler, Jeremiah P. Jones.

Gloucester .- Archibald N. Donahue, John J. Flah- erty, Wm. W. French, M. J. MeNeirny, Wm. A. Pew, Jr., J. C. Pierce, Charles A. Russell, Edgar S. Taft, Henri N. Woods, Sumner D. York.

Hamilton .- Daniel E. Safford.

Haverhill .- Abbott & Pearl, N. C. Bartlett, Wm. E. Blunt, B. F. Brickett, Harry J. Cole, Edward B. George, J. P. Jones, B. B. Jones, H. N. Merrill, Wm. H. Moody, Moody & Bartlett, John A. Page, Isaac E. Pearl, Winfield S. Peters, C. H. Poor, H. M. Sargent, E. B. Savage, Warren Tilton, R. D. Trask, H. H. Webster, John J. Winn.

Ipswich .- George Haskell, Edward P. Kimball, Charles A. Sayward.

Lawrence .- Benjamin C. Ames, M. H. Ames, Charles U. Bell, T. Burley, Joseph Cleaveland, Charles A. De Courcey, D. F. Dolan, Newton P. Frye, John S. Gile, W. F. Gile, N. W. Harmon (deceased), H. F. Hopkins, MI. S. Jenkins, Wm. S. Knox, P. W. Lyall, D. B. Magee, J. J. Mahoney, Wm. T. McKeone, W. F. Moyes, John R. Poor, D. W. Proctor, Aretas R. Sanborn, John C. Sanborn, C. F. Sargent, Caleb Saunders, Charles G. Saunders, Daniel Saunders, Edgar J. Sherman, John M. Stearns, Andrew C. Stone, John P. Sweeney, Wmn. L. Thompson, George L. Weil.

Lynn .- D. O. Allen, John R. Baldwin, T. F. Bart- lett, John W. Berry, George J. Carr, N. D. A. Clarke, Wm. C. Fabens (also at Marblehead), Joseph F. Han- nan, R. E. Harmon, Nathan M. Hawkes, H. F. Hurl- burt, W. B. Hutchinson, Ira B. Keith, Caleb Lamson, Charles Leighton, W. H. Lucie, James R. Newhall, Thomas B. Newhall, M. P. Nickerson, Wm. H. Niles, Wm. F. Noonan, Dean Peabody, E. K. Phillips, T. H. Romayne, Wm. O. Shea, J. H. Sisk, Eben F. B. Smith, Calvin B. Tuttle, Frank G. Woodbury, John Wood- bury.

Marblehead .- Win. D. Trefry (also at Salem).

Merrimac .- T. II. Hoyt, M. Perry Sargent. Methuen .- Wm. M. Rogers, W. R. Rowell.

Newburyport .- J. C. M. Bayley, Charles C. Dame, John C. Donovan, Joseph G. Gerrish, Frank W. Ilale, Harrison G. Johnson, Nathaniel N. Jones, Amos Noyes, Nathaniel Pierce, John N. Pike, E. C.

Saltmarsh, Thomas C. Simpson, Eben F. Stone, David L. Withington.

Peabody .- Sidney C. Bancroft, Frank E. Farnham, Charles E. Hoag, George Holman, Engene T. Mc- Carthy, Benjamin C. Perkins, Frederick G. Preston, Thomas M. Stimpson (also in Salem), Wm. P. Up- ham (also at Salem), F. W. Upton, Henry Wardwell, Charles A. Weare.

Reading .- Solon Bancroft, Chauncey P. Judd, E. T. Swift.

Rowley .- George B. Blodgett.

Salem .- Edward C. Battis, C. A. Benjamin, Clifford Brigham, George F. Choate, W. F. M. Collins,. Forrest L. Evans, Andrew Fitz, James A. Gillis, Wm. H. Gove, Joseph E. Quinn, Richard E. Hines, Nathaniel J. Holden, Thomas F. Hunt, A. L. Huntington, George B. Ives, Samuel A. Johnson, D. B. Kimball, Edward P. Kimball, George R. Lord, J. T. Mahoney, Eugene T. McCarthy, P. J. McCusker, Henry P. Moulton, Wm. D. Northend, Theodore M. Osborne, Charles S. Osgood, J. B. F. Osgood, B. C. Perkins, Sidney Per- ley, Wm, Perry, John W. Porter, D. W. Quill, Josiah F. Quinn, J. M. Raymond, C. W. Richardson, Daniel E. Safford, Charles Sewall, C. H. Symonds, Charles P. Thompson, L. S. Tuckerman, George Wheatland A. P. White, Frank V. Wright, J. C. Wyman.

Saugus .- Benjamin F. Johnson. Topsfield .- Benjamin Poole.

CHAPTER III.

OLD MODES OF TRAVEL.

BY ROBERT S. RANTOUL.

" You may ride in an hour or two, if you will, From Halibut Point to Beacon Hill, With the sea beside you all the way, Through the pleasant places that skirt the Bay ; By Gloucester Harbor and Beverly Beach, Salem Witch-haunted, Nahant's long reach, Blue-bordered Swampscott and Cholsea's wide Marshes, laid baro to the drenching tide, With a glimpse of Saugus spire in the west, And Malden hills wrapped in hazy rest.

" All this you watch idly, and more by far, From the cushioned seat of a railway-car. But in days of witchcraft it was not so ; City-bound travellers had to go Horseback over a blind, rough road, Or as part of a jolting wagon-load Of garden-produce or household goods, Crossing the fords, half-lost in the woods, By wolves and red-skins frighted all day, And the roar of lions, somo histories say. If a craft for Boston were setting sail, Very few of a passage would fail Who had trading to do in tho three-hilled town ; For they might return oro the sun was down,"

-Peggy Bligh's Voyage, by Lucy Larcom.

WHEN this region of ours was first colonized by Europeans, they contented themselves for a time

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OLD MODES OF TRAVEL.

with the rude means of conveyance and transpor- tation known to their savage neighbors. The fav- orite way to Boston, Plymouth and Cape Ann was by water. The "dug-out" was much iu use, being a pine log twenty feet long and two and one- half feet wide, in which they sometimes "went fowling two leagues to sea." These " caunowes" seem to have been inspected at stated intervals by a town surveyor, and passed or condemned according to their fitness for further survice. It was in swim- ming for one of these, from a desire to visit the Indian Village at "Northfield," that Governor Win- throp's son Henry, on the day after his arrival at Salem, was drowued in the North River. In one of these rude boats, no doubt, Roger Conant might often be seen making his way up Bass River, to visit his farm of two hundred acres, near the "great pond side." And Governor Endicott's little sloop-boat, or "shallop," flits across the pages of the ancient records, as, no doubt, she walked the waters of the bay and rivers, like a thing of life.

The condition of the trail, which was the only land transit between Salem and Bostou, is indicated by two contemporary writers of the first authority. On the 12th of April, 1631, Governor Endicott wrote to Governor Winthrop the following letter from Salem :

" Right Worshipful : I did expect to have been with you in person at the Court, and to that end I put to sea yesterday, and was driven hack again, the wind being stiff against us. And there being no canoe or boat at Sangus, I must have heen constrained to go to Mystic, and thence afoot to Charlestown, which at that time durst not be so hold, my body being, at this present, in an ill condition to wade or take cold. * * * The eel-pots you sent for are made, which 1 had in my boat, hoping to have brought them with me." % *

It will be observed that these worthies were not the plodders of the Colony. Their position insured them the best travelling facilities the times afforded. Governor Winthrop wrote in his journal, October 25, 1631, "The Governor, with Captain Underhill and other of the officers went on foot to Saugus, and next day to Salem, where they were bounti- fully entertained by Captain Endicott, and on the 28th they returned to Boston by the ford at Saugus River and so over at Mystic."

In 1637 Governor Winthrop passed through Salem on foot, with a large escort, on his way to and from Ipswich, and next year visited Salem by water and returned by land. The first party of Salem people who visited Boston after its settlement are said to have spent four days on the way, and, on the follow- ing Sabbath, to have put up a note of thanks in our First Church (now restored and standing in the rear of Plummer Hall) for their safe guidance and re- turn.

In 1650, as we learn from Parkman's " France and England in North America," the first essay was made, at the instance of the Colony of Massachusetts, to- wards negotiating a reciprocity treaty between these English settlements and the French colonies in Can-

ada. A Jesuit ambassador from Quebec set out in company with a converted Indian chief, to visit Bos- ton, and secure the military aid of this colony against the Iroquois, in consideration of some privileges of trade to be granted by the French. He made his way from " Kepane" (Cape Ann), where he was forced ashore by stress of weather, to Charlestown, "partly on foot-partly in boats along the shore," and from that peninsula the priest crossed by boat to Boston,- probably the first Romanist who ever received a wel- come - in the Puritan Colony. On returning, he stopped at Salem, and dined with Goveruor Endicott, who, he says, spoke French.

Some felling of trees and hoisting ofrocks was needed to convert these muddy trails into bridle-paths, and then the colonist moved about through the forest, ac- companied by good-wife on a pillion behind and fol- lowed perhaps by a pack-horse, sweating under well- stuffed panniers. "Such a way as a man may travel on horseback, or drive cattle," the court ordered laid out by Richard Brackenbury, Mr. Conant and others from the ferry at Salem, to Jeffrie's Creek, now Manchester. Poets sing false, or the saddle was sometimes mounted on the backs of neat cattle, in those early days, as now-a-days in South Africa and San Domingo :

" Then, from a stall near at hand, amid exclamations of wonder, Alden, the thoughtful, the careful, so happy, so proud of Priscilla, Brought out his snow-white Bull, obeying the hand of its master,- Led hy a cord that was tied to an iron ring in its nostrils,- Covered with crimson cloth and a cushion placed for a saddle.

She would not walk, he said, through the dust and heat of the noon- day ;

Nay, she should ride like a Queen,-not plod along like a peasant. Somewhat alarmed at first, hut reassured by the others, -

Placing her hand on the cushion, her foot in the hand of her hus- band,-

Gaily, with joyous laugh, Priscilla mounted her palfrey."

After the bridle-paths came the roads. The con- figuration of our surface did not favor the use of canals, and we escaped that dreary stage in the devel- opement of transportation. Roads multiplied apace, but they were constructed not so much on mathemati- cal, as on social principles. Nothing is more enter- taining to the idler than to trace out some old aban- doned lane, wandering between crooked walls- choked up with underbrush of barberry, alderberry, rose-bush, fern and bramble-arched with grand old elms, and seemingly leading nowhere. Some dilapi- dated cellar-wall or ruined well soon answers the ques- tion "whither wilt thou lead me ?" The pioneers built their homes where the soil was tempting, the slopes attractive, and material at hand. Villages were small and infrequent. Hence roads were made to reach the homesteads of single colonists, and not with prime re- gard to directness between town and town. And as the distance around a hill was no greater than over it, and the cost of excavating must be avoided, these roads, in uneven places, became still more circnitous, from the hills they encountered. Their original cost has been expended many times over, in widening,

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HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

straightening, and leveling them, so that the curious observer will find on either side of the present road, grass-grown bits of the old highway leading off a little, and soon returning to it.

An old family of the county has been in the habit of making a yearly pilgrimage from Cape Ann to Andover, over the road as it was two or three genera- tions back, faithfully tracing out, wherever it was possible, each oxbow in the way, with its ancient trees and low-roofed farm-house and well-sweep and brook. Hawthorne has thus described one of the most tempt- ing of these lovely by-ways, in his account of " Browne's Folly," written for the "Weal-Reaf" in 1860 :

"Along its base ran a green and seldom trodden lane, with which I was very familiar in my boyhood ; and there was a little hrook, which I remember to have dammed up till its overflow made a mimic ocean. When I last looked for this tiny streamlet, which was still rippling freshly through my memory, I found it strangely shrunken ; a mere ditch ladeed, and almost a dry one. But the green lane was still there, pre- cisely as I remembered it ; two wheel tracks, and the beaten path of the horses' feet, and grassy strips between ; the whole overshadowed by tall locust trees, and the prevalent barberry bushes, which are rooted 60 fondly into the the recollections of every Essex man."

These old roads belonged to the period when a journey to Boston was a thing to be thought of for days before-and only to be embarked on in pleasant weather. Dobbin must be brought in from pasture -- be rested and fed up a little, and have his shoes looked to ; the "one-hoss shay," with its capacity for stowage like that of the ark,-

" Thorough-brace bison skin, thick and wide,- Boot, top, dasher of tough old hide Found in the pit when the tanner died,"-

this lumbering conveyance was to be cleaned up over night and its wheels put in order; the Sunday suit must be aired and dusted, and when at last the eventful morning dawned fresh and fair, and the leave-taking of several generations was accomplished, the journey of the day was to be performed, by not too burthensome stages, relieved by episodes of break- fast and baiting at the " Creature Comfort," or some other favorite half-way house, and a scrupulous with- drawal of Dobbin from the too active influence of the mid-day sun.

A few figures will show how much distances from point to point have been reduced since these days. We find the following in "Travis's Almanac," Bos- ton, 1713.

"From Boston to Portsmouth (Ferry's excepted), 62 Miles, thus accounted.

" From Winisimit, to Owens 4 Miles, to Lewes's 2 & half, to the Sign of the Galley at Salem 9, to the Ferry at Beverly I, to Fiskes at Wenham 5, to Cromtons at Ipmoich 6, to Bennets ut Rowley 3 & half (which is called the half-way house), to Sargeants at Newbury, the upper way by Thurrel's Bridge 8, but from Rowley the right hand way by the Ferry is but 7 to said Surgeunte, to Trues, or to Pikes Gate at Salisbury 2 & half, to Nortons nt Hampton J & half, lo Sherbons at said Town 2, to Johnsons at Greenland 8 & half, and to Harvies ut the three Tons at Portsmouth 5 Miles & half."

In April, 1775, Col. Pickering marched his regi- ment from Salen on the alarm of the fight at Lexing- ton. To explain his failure to reach the scene of ac-

tion, he gives these distances in his journal. Salem to Danvers, two miles; to Newell's in Lynn, seven miles; to Malden, six miles; to Medford, three miles ; to Boston, four miles; making the route from Salem to Boston, towards the close of the last century, twenty-two miles.

The character of the public houses of the time is closely allied to our subject. The "Sign of the Galley at Salem," mentioned by Travis, was, no doubt, the "Ship Tavern," on School Street, at the corner of what are now Church and Washington Streets, the old Governor's house, brought up by water from Cape Ann, and rebuilt there and successively occupied by Conant and Endicott. It was kept, in 1713, by Henry Sharp, who, in 1701, advertised a calash to let, the first recorded instance of such a convenience in Salem. Modern travelers would hardly think these inns well described by the term "ordinary," under which they were licensed. They were conditioned to allow no tippling after nine at night; the house must he cleared on week-day lecture of all persons able to attend meeting ; no cakes or buns to be sold, this was in 1637, on fine of ten shillings, the prohibition not to extend to cakes "made for any buryall or marriage, or such like special occation." In 1645, the widow of an innholder is licensed " if she procure a fitt man, that is Godly, to manage the business." In 1659, the law forbids dancing at taverns, and as late as 1759, the sale of spirits, wines, coffee, tea, ale, beer and "syder " on the Sabbath.

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 14

Author: Hurd, D. Hamilton (Duane Hamilton), ed. n 85042884-1 Publication date: 1888 Publisher: Philadelphia : J. W. Lewis & Co. Number of Pages: 1538

Author: Hurd, D. Hamilton (Duane Hamilton), ed. n 85042884-1
Publication date: 1888
Publisher: Philadelphia : J. W. Lewis & Co.
Number of Pages: 1538