History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 3

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 3

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INTRODUCTORY.

tice and two associate justices, to be appointed by the Governor, with the advice and consent of the Coun- cil, who shall have all the powers, rights and privi- leges, and be subject to all the duties, which are now vested in the Circuit Courts of Common Pleas rela- tive to the erection and repairs of jails and other county buildings, the allowance and settlement of county accounts, the estimate, apportionment and is- suing warrants for assessing county taxes, granting licenses, laying out, altering and discontinuing high- ways, and appointing committees and ordering juries for that purpose."

The Court of Sessions continued in the manage- ment of county affairs until March 4, 1826, when that part of their duties relating to highways was vested by law in a new board of county officers, termed " commissioners of highways." The act creating this board provided "that for each county in the Commonwealth, except the counties of Suffolk and Nantucket, there shall be appointed and commis- sioued by His Excellency, the Governor, by and with the advice and consent of the Council, to hold their offices for five years, unless removed by the Governor and Council, five commissioners of highways, except in the counties of Dukes and Barnstable, in which there shall be appointed only three, who shall be in- habitants of such county, one of whom shall be designated as chairman by his commission." The act further provided that the doings of the commis- sioners should be reported to the Court of Sessions for record, and that said court should draw their warrants on the county treasury for expenses incurred by the commissioners in constructing roads located by them.

On the 26th of February, 1828, an act was passed providing "that the Act entitled, 'An Act to estab- lish Courts of Sessions,' passed on the 20th day of February, 1819; also the Act in addition thereto, passed on the 21st day February, 1820; also the Act entitled, 'An Act increasing the numbers and extend- ing the powers of Justices of the Court of Sessions,' passed on the 6th of February, 1822; also the Act en- titled, 'An Act in addition to an Act directing the method of laying out highways,' passed on the 4th day of March, 1826, be and the same are hereby re- pealed.". It further provided that "there shall be ap- pointed and commissioned by His Excellency, the Governor, by and with the advice and consent of the Council, four persons to be county commissioners for each of the counties of Essex, Middlesex, Norfolk and Worcester, and three persons to be county com- missioners for each of the other counties of this Com- monwealth, except the county of Suffolk," "that the Clerks of the Courts of Common Pleas within the several counties shall be clerks of said county com- missioners," and "that for each of the counties in the Commonwealth, except the counties of Suffolk, Mid- dlesex, Essex, Worcester, Norfolk and Nantucket,

there shall be appointed and commissioned two per- sons to act as special county commissioners."

On the 8th of April, 1835, it was provided by law that in every county except Suffolk and Nantucket the judge of probate, register of probate and clerk of the Court of Common Pleas should be a hoard of ex- aminers, and that on the first Monday of May, in the year 1835, and on the first Monday of April, in every third year thereafter, the people should cast their votes for three county commissioners and two special commissioners. The law remained unaltered until March 11, 1854, when it was provided, that the county commissioners now in office in the several counties, except in Suffolk and Nantucket, shall be divided into three classes ; those of first class shall hold their offices until the day of the next annual election of Governor; those of the second class until the same election day in 1855; and those of the third class until the same election day in 1856, the commis- sioners now in office determining by lot to which each shall belong, and that at such annual election each year thereafter, one commissioner be chosen for three years. It was also provided that at the annual election in 1856, and each third year thereafter, two special commissioners be chosen.

Since the passage of the law of 1828 establishing Boards of County Commissioners the following per- sons have been appointed members of the Essex County Board :

1828-33 .- Asa W. Wildes, of Newburyport; Joseph Winn, of Salem ; Stephens Baker, of Ipswich ; Wm. B. Breed, of Lynn.

1834 .- John W. Proctor, of South Danvers, in place of William B. Breed.

1835-37 .- Mosee Newell, of West Newhury, in place of Asa W. Wildes. 1838-40 .- Asa T. Newhall, of Lynn, in place of John W. Proctor.

1841-43 .- Charles Kimball, of Ipswich ; Robert Patten, of Amesbury ; Wm. Whipple, of Rockport.

1844 16. - Asa W. Wildes, of Newburyport, and Benj. F. Newhall, of Saugus, in place of Robert Patten and Wm. Whipple.

1847-49 .- John I. Baker, of Beverly, in place of Charles Kimball.

1850-54 .- Benjamin Mudge, of Lynn, in place of Benjamin F. New- hall.

In this last year-in accordance with the law passed March 11, 1854, providing for the division of the commissioners by lot into three classes, one going out each year, and another chosen by the people for a term of three years-John I. Baker drew the first class, Benjamin Mudge the second, and Asa W. Wildes the third. At the election of 1854, and at subsequent elections, the following were chosen :

1854 .- Stephens Baker, of Beverly, in place of John I. Baker.

1855 .- Eben B. Currier, of Lawrence, in place of Benjamin Mudge.

1856 .- George Haskell, of Ipswich, in place of Asa W. Wildes.

1857 .- Stephens Baker, rechosen.

1858 .- Eben B. Currier, rechosen.

1859 .- Abram D. Wait, of Ipswich, in place of George Haskell.

1860 .- James Kimball, of Salem, in place of Stephens Baker.

1861 .- Jackson B. Swett, of Haverhill, in place of Eben B. Currier. 1862 .- Abram D. Wait, rechosen.

1863 .- James Kimball, rechosen.

1864 .- Jackson B. Swett, rechosen.

1865 .- Abram D. Wait, rechosen.

1866 .- Jamues Kimball, rechosen.

HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

1867 .- Jackson B. Swett, rechosen.

1868 .- Charles P. Preston, of Daovere, in pince of Abram D. Wait. 1869 .- James Kimball, rechosen.

1×70,-Jackson B. Swett, rechosen. 1871 .- Charles P. Preston, rechoseo.

1872 .- James Kimball, rechosen.

1873 .- Zachariah Graves, of Lynn, in place of Jackson I. Swett. 1874 .- Joseph O. Proctor, of Gloucester, iu place of Chas. P. Prestoo. 1875,-Jamies Kimball, rechosen.

1876 .- Zacharinh Graves, rechosen.

1877 .- Joseph O. Proctor, rechosen. 1578 .- John W. Raymond, of Beverly, in place of James Kimball. 1879 .- Geo. J. L. Colby, of Newburyport, in place of Zachariah Graves. 1880 .- Zachariah Graves, in place of Joseph O. Proctor.

1881 .- Julın W. Raymond, rochosen.

1882 .- Edward B. Bishop, of Haverhill, in place of Geo. J. L. Colby.

1883 .- Geo. I. L. Colby, in place of Zachariah Graves.

1884 .- John W. Raymond, rechosen.

1885 .- Edward B. Bishop, rechosen.

1886 .- David W. Low, of Gloucester, in place of Geo. J. L. Colby.

The Circuit Court of Common Pleas, which was established in 1811, was abolished on the 14th of February, 1821, and the Court of Common Pleas es- tablished with four justices, one of whom it was pro- vided by law should be commissioned chief justice. On the 1st of March, 1843, the number of judges was increased to five; March 18, 1845, it was increased to six ; May 24, 1851, to seven. On the 5th day of April, 1859, the Court of Common Pleas was abol- ished, and the present Superior Court established, with ten judges, which number was increased, May 19, 1875, to eleven.

The Superior Court of Judicature, which was es- tablished June 26, 1699, received no appointments to its bench after 1775. During its existence the fol- lowing judges were appointed :

1692 .- Wm. Stoughton (Chief Justice), Thomas Danforth, Wait Win- throp (Chief Justice, 1708), John Richards, Sammel Sewall (Chief Jus- tice, 1718).

1695 .- Elisha Cooke.

1700 .- John Walley.

1701 .- John Saffin.

1702 .- Isaac Addingtoo (Chief Justice, 1703), Johu Ilathorne, Joho Leverett.

17 8 .- Jonathan Curwlo.

1712 .- Benjamin Lynde (Chief Justice, 1728), Nathaniel Thomas.

1715 .- Addington Davenport.

1718 .- Edmund Quincy, Paul Dadley (Chief Justice, 1745).

1728 .- John Cashing.

1733 .- Jouathan Remington.

1736 .- Richard Saltonstall.

1738 .- Thomas Graves.

1739 .- Stephen SewuHl (Chief Justice, 1752).

1745 .- Nathaniel llubbard, Benjamin Lyude (Chief Justice, 1771). 1747 .- John Cushing.

1752 .- Chambers Russell.

1766 .- Peter Oliver (Chief Justice, 1772).

1760 .- Thomas Hatchinson (Chief Justice).

1767 .- Edmund Trowbridge.

1771 .- Foster Hutchinson.

1772 .- Nathaniel Ropes.

1774 .- Williain Brown.

1775 .- William Cushing (Chief Justice, 1777), John Adams (Chief Justice), Nathaniel P. Surgeant, William Reed, Robert Treat Paine.

1776. - Jedediah Foster, James Sullivan.

1777 .- David Sewall.

Nathaniel Ropes, William Brown, David Sewall, Jedediah Foster and Nathaniel P. Sargeant were Essex County men. On the 20th of February, 1781, an act was passed establishing the Supreme Judicial Court as the successor of the Superior Court of Judicature. It was established with one chief justice and four as- sociates, but in the year 1800 the number of associates was increased to six, and the State was divided into two circuits, the East including Essex County and Maine, and the West including all the remainder of the State, except Suffolk County. In 1805 the number of associates was again fixed at four, and so remained until 1852, when their number was increased to five. In 1873 the number of associates was increased to six, and of one chief justice and six associates the court is now constituted. Those in the above list after 1774 were judges of the Superior Court of Judicature of the State of Massachusetts, and not of the province. Of the judges of the Superior Court since its organization, in 1781, the following have been Essex County men : Theophilus Parsons, Charles Jackson, Samuel Putnam, Caleb Cushing, Wm. C. Endicott and Otis P. Lord, who will be referred to in another chapter containing sketches of the bench and bar.

The administration of probate affairs, as has been already stated, was in the hands of the County Court during the colonial period up to the accession of Pres- ident Dudley, in 1685. It has also been stated that he assumed the jurisdiction to himself, but delegated it in one or more counties to a judge of probate ap- pointed by him. Under the administration of Andros the Governor personally attended to the settlement of estates exceeding fifty pounds, and it is presumed that smaller estates came within the rules established by Dudley. After the deposition of Andros the old colonial method was resumed and continued until the charter of the province went into operation, in 1692. Under the provincial charter jurisdiction in probate affairs was conferred on the Governor and Council, who claimed and exercised the right of delegating it to judges and registers of probate in the several coun- ties. During the provincial period there was no Pro- bate Court established by law, but the judge and register exercised their powers under authority de- rived only from the Governor and Council. On the 12th of March, 1784, a Probate Court was established, of which the judge and register were appointed by the Governor until, under an amendment of the Constitu- tion ratified by the people May 23, 1855, it was provided after some previous legislation that in 1856, and every fifth year thereafter, the register should be chosen by the people for a term of five years. In 1856 a Court of Insolvency was established for each county, with a judge and register, and in 1858 the offices of judge and register of this court were abolished, as well as those of judge and register of probate, and the offices of

Of these, Judges Jolin Hathorne, Jonathan Curwin, Richard Saltonstall, Stephen Sewall, Benjamin Lynde, judge and register of probate and insolvency estab-

INTRODUCTORY.

lished. In the same year it was provided that the register of probate and insolvency should be chosen by the people, for a term of five years, at the annual election in that year and every fifth year thereafter. In 1862 the Probate Court was made a court of rec- ord. The offices of judge and register have been held by the following persons since the provincial charter went into operation, in 1692 :

App. JUDGES.

App. REOISTERS.

1692. Bartholomew Gedoey.

1692. Stephen Sewall.

1698. Jonathan Curwin.

1695. John Croade.

1702. John Appleton.

1698. John Higginson.

1789. Thomas Berry.

1702. Daniel Rogers.

1766. John Choate.

1723. Daniel Appleton.

1762. Samuel Rogers.

1773. Peter Frye.

1779. Daniel NoyeB.

1816. Nathaniel Lord (3d).

1852. Edwin Lawrence.

1854. George R. Lord.

1856. James Ropes.

1857. Jonathan Perley, Jr.

1858. Henry B. Feraald, Judge of Insolvency.

1859. George F. Choate, Judge of P. and I.

1858. Charles H. Hudson, Register of P.

1859. Abner C. Goodell, Register of P. and I.

1878. Jeremiah T. Mahoney, Reg- ister of P. and I.

The executive officer of the court was, in colonial times up to 1685, called marshal, except in the very earliest years, when he was called beadle. As early, however, as 1634 the records show that James Penn was chosen marshal. Under President Dudley he was called provost marshal, under Andros he was called sheriff, and after Andros, until the province was established, in 1692, he was again called marshal. As nearly as can be ascertained, the marshals in Essex were as follows:

1663. Samnel Archard.

1686. Jeremiah Neale. 1691. Jobn Rogers.

1692. John Harris.

The sheriff's have been as follows :

1692. George Corwin.

1696. William Gedney.

1702. Thomas Wainwright. William Gedoey.

1708. Daniel Denieon.

1852. Frederick Robinson.

1710. Williamı Gedoey.

1854. Thomas E. Payson.

1715. John Denison.

1856. James Cary.

1722. Benjamin Marston.

1746. Robert Hale.

Under a law passed in 1831 the Governor was au- thorized, with the power of removal, to appoint sher- iffs for the several counties for five years. Under the nineteenth article of amendments of the Constitution, ratified in 1855, a law was passed in 1856 providing that in that year, and every third year thereafter, a sheriff should be chosen by the people of each county at the annual election.

The clerks of the courts were appointed by the courts during the colonial period. During the pro-

vincial period the clerks of the County Courts and those of the Superior Court of Judicature, and after- wards of the Supreme Judicial Court, were distinct until 1797, and the clerk of the latter two courts had his office in Boston. The appointment lay with the courts until 1811, when the Governor and Council were made the appointing power. In 1814 the ap- pointment was given to the Supreme Judicial Court, and there remained until 1856, when it was provided by law that in that year, and every fifth year there- after, clerks should be chosen by the people in the several counties. As nearly as can be ascertained, the following is a correct list of the clerks of the courts in Essex County :

1637. Ralph Fogg.

1783. Isaac Osgood

1795. Thos. Bancroft.

1647. Henry Bartholomew. Robert Lord. 1797. Samuel Holten,

1653. Elias Stileman. 1798. 'J'hos. Bancroft.

1804. Ichabod Tucker.

I812. Jos. E. Sprague. 1813. Ichabod Tucker.

1683. Benj. Gerrish.

1692. Stephen"Se wall.1

I828. John Prince, Jr.

1727. Mitchell Sewall. 1842. Ebenezer Shillaber.

1750. Jos. Bowditch,

1852. Asahel Huntington.

1771. Wm. Jeffrey.

1872. Alfred A. Abbott.

1774. Jos. Blaney.

1885. Dean Peabody.

During the colonial period the clerks of the courts were registers of deeds, and so continued until 1715, when it was provided "that in each county some per- son having a freehold within said county to the value of at least ten pounds should be chosen by the people of the county." In 1781 a law was passed renewing and continuing this practice, and the law remained in force until 1855, when it was provided that in that year, and every third year thereafter, a register of deeds should be chosen for the term of three years. The list of clerks, therefore, above given will cover the registers up to 1715. Since that date they have been as follows :

1692. Stephen Sewall.

1870. Ephraim Brown, South.

1727. Mitchell Sewall. 1870. Gibert E. Hood, North.

1774. John Higginson. 1875. Ephraim Browo, South.

1780. John Pickering. 1875. Abiel Morrison, North.

1807. Amos Choate.

1878. John R. Poor, North.

1832. Ralph H. French.

1879. Chas. S. Osgood, Sonth.

1852. Ephraim Brown, Jr.

Up to 1869 the registry of deeds for the whole county was kept at Salem. But on the 22d of June, in that year, an act was passed providing that the city of Lawrence and the towns of An- dover, North Andover and Methuen should con- stitute a district for the registry of deeds, under the name of the Northern District of Essex, and that the other towns in the county should con- stitute the Southern District. It also provided that the Governor and Council should, on or before the 1st day of the following October, appoint a register for the Northern District to hold office until a regis-

1 Was also clerk during the administration of Dudley, and probably during that of Aodros.

1762. Benjamin Lyade.

1779. Benjamin Greenleaf.

1798. Samuel Holten.

1816. Daniel A. White.

1854. Nathaniel S. Howe. 1857. Aboer C. Goodell, Judge of Insolvency.

1858. Abner C. Goodell, Register of Insolvency.

1670. Henry Sherry.

1685. Robert Lord.

1766. Richard Saltonstall. 1779. Michael Farley.

1792. Bailey Bartlett.

1831. Joseph E. Sprague.

1867. Horatio G. Herrick.

1779. Samuel Osgood.

1658. Hilliard Veren. Bart. Gedney.

1766. Nathaniel Ropes.

xii

HISTORY OF ESSEX COUNTY, MASSACHUSETTS.

ter should be chosen by the people of the towns in the district at the annual election in 1870. It further provided that the register of deeds then in office should continue until a register for the Southern Dis- triet should be chosen by the people of the district in 1870, and that he should deliver on demand to the register of the Northern District all original deeds or other instruments recorded and remaining in his office conveying or relating to land or estates in said Northern District.

After the formation of the counties it was provided by law, in 1654, that each county should annually choose a treasurer. This provision was renewed by an act passed in 1692, after the formation of the province, and continued, it is believed, up to 1855, when it was provided that a county treasurer should be chosen in that year, and every third year thereafter, for the term of three years. Up to 1654, when provision was made for the election of county treasurers, the treasurer chosen by the General Court was the treasurer of the whole colony. These were as follows :

May 13, 1629, George IIarwood.1

Dec. 1, 1629, Samuel Aldesy.

1636. Richard Dummer. 1637. Richard Bellingham.

1632. William Pynchon. 1640. William Tyng.

1634. William Coddington. 1644 to 1654. Richard Russell.

No further record of county treasurers is accessible before 1774. From that date they have been as fol- lows :

1774. Michael Farley.

1792. Stephen Choate.

1852. Daniel Weed. 1853. Allen W. Dodge.

1813. Bailey Bartlett.

1878. Edward K. Jenkins.

1814. Nathaniel Wade.

The only courts connected with the county remain- ing to be mentioned are the Police and District Courts. Of the Police Courts there are five-those in Gloucester, Lawrence, Lynn, Haverhill and New- buryport. That of Gloucester is for that city alone, and its officers are James Davis, justice ; Ellridge G. Friend and Wm. W. French, special justices; and Summer D. York, clerk. That of Lawrence is also for that city alone, and its officers are Nathan W. Har- mon, justice ; Wilbur F. Gile and Charles U. Bell, special justices ; and Albert A. Tyler, clerk. That for Lynn is for that city alone, and its officers are Rollin E. Harmon, justice ; Ira B. Keith and John W. Berry, special justices ; and Henry C. Oliver, clerk. The Police Court of Haverhill comprises within its juris- diction Haverhill, Bradford and Groveland, and its officers are Henry Carter, justice; Ira A. Abbott and Henry N. Merrill, special justices; and Edward B. George, clerk. That of Newburyport comprises New- buryport and Newbury, and its officers are John N. Pike, justice; David L. Withington and Horace I. Bartlett, special justices; and Edward F. Bartlett, clerk. The only district court is the First District Court of Essex, which comprises within its jurisdic- tion Salem, Beverly, Danvers, Hamilton, Middleton, Topsfield and Wenham, and is held at Salem. Its

officers are Joseph B. F. Osgood, justice; Daniel E. Safford and Nathaniel I. Holden, special justices; and Samuel P. Andrews, clerk. Police Courts were originally established in Salem, 1831; Newburyport, 1833; Lawrence, 1848 ; Lynn, 1849; Haverhill, 1854; Gloucester, 1858. That of Haverhill was re-established in 1867, taking Bradford and Groveland within its jurisdiction, and the jurisdiction of the Newburyport Court was enlarged by the addition of Newbury, in 1879. The first Essex District Court was established in 1874.

Little can be said in this chapter of the carly history of the Essex bar. Of those who were early called to the bench were Nathaniel Saltonstall, of Haverhill, born in 1639, and a graduate of Harvard in 1659; Bartholomew Gedney, of Salem, born in 1640; Thomas Berry, of Ipswich, a graduate of Harvard in 1712; Andrew Oliver, of Salem, a graduate of Harvard in 1724; Samuel White, of Haverhill (Harvard), 1731; John Hathorne, of Salem, born in 1641; Jonathan Curwin, of Salem, born in 1640; Richard Saltonstall, of Hav- erhill, born in 1703 (Harvard), 1722; Stephen Sew- all, of Salem, born in 1702 (Harvard), 1721; Benja- min Lynde, of Salem, born in 1700 (Harvard), 1718; Nathaniel Ropes, of Salem, born in 1726 (Harvard), 1745; William Brown, of Salem (Harvard), 1855,-all of whom were on the bench of the Superior Court of Judicature, but not all educated in the law. The bar was divided into two classes-barristers and at- torneys, and this division continued until 1836, though after 1806 under a rule of court counselors were substituted for barristers.

The term " barrister " is derived from the Latin word barra, signifying bar, and was applied to those only who were permitted to plead at the bar of the courts. In England, barristers, before admission, must have resided three years in one of the Inns of Court if a graduate of either Cambridge or Oxford, and five years if not. These Inns of Court were the Inner Temple, the Middle Temple, Lincoln's Inn and Gray's Inn. Before the Revolution this rule seems to have so far prevailed here as to require a practice of three years in the Inferior Courts before admission as bar- rister. John Adams says in his diary that he became a barrister in 1761, and was directed to provide him- self with a gown and bands and a tie wig, having practiced according to the rules three years in the In- ferior Courts. At a later day the period of probation seems to have been four years, and at a still later seven years.

With regard to the continuance of barristers after the Revolution, the following entry in the records of the Superior Court of Judicature may be interesting :

"Suffolk, SS. Superior Court of Judicaturo at Boston, third Tuesday of February, 1781, present William Cushing, Nathaniel P. Sargeant, David Sewall and James Sullivan justices : and now at this term the fol- lowing rule is made by the court and ordered to be entered, viz .: where- as, learning and literary accomplishments are necessary as well to pro- mote the happiness as to preserve the freedom of the people, and the learning of the law when duly encouraged and rightly directed being

1 Chosen in England.

xiii

INTRODUCTORY.

as well peculiarly subservient to the great and good purpose aforesaid, as promotive of public and private justice : and the court heing at all times ready to bestow peculiar marks of approbation upon the gentlemen of the bar, who, by a close application to the study of the science they profess. by n mode of conduct which gives a conviction of the rectitude of their minds and a fairness of practice that does honor to the profes- sion of the law shall distinguish as men of science, honor and integrity, Do order that no gentleman shall be called to the degree of barrister until he shall merit the same by his conspicuous hearing, ability and honesty ; and that the court will, of their own mere motion, call to the bar such persons as shall render themselves worthy as aforesaid; and that the manner of calling to the bar shall he as follows : The gentle- man who shall be a candidate shall stand within the bar ; the chief jus- tice, or in his absence the senior justice, shall, in the name of the court, repeat to him the qualifications necessary for a barrister-at-law ; shall let him know that it is a conviction in the miod of the court of his being possessed of those qualifications that induces them to confer the honor upon him ; and shall solemnly charge him so to conduct himself as to be of singular service to his country hy exerting his abilities for the defence of lier Constitutional freedom ; and so to demean himself as to do honor to the court and bar."

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History of Essex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 3

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