History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 18

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034

USA > Massachusetts > Middlesex County > History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 18

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Mr. Butler was in the State Senate in 1859-60, and in the former year performed an important part in the

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revision of the statutes. In that year the writer was with him in the Senate, and had abundant opportu- nities to observe and measure the various qualities of his head and heart. Though opposed to him in poli- tics, he was not sufficiently blind to fail to discover those traits of character which have attracted to him the circle of friends which, like satellites, he has always carried with him in his social and political orbit. He disclosed two sides-a sharp bitterness of antagonism, and the warmest of hearts ; a harsliness of deportment at one time, and at another a polish of manner and conversation not easily excelled ; now inspiring those about him with fear, and again as gentle as a child, as affectionate as a brother, as lov- ing as the dearest friend. His character seemed to consist of extremes ; like the extremes of the magnet one attracted, the other repelled, and no one looked on him with entire indifference. So, in his treatment of men, as he could be implacable in his antagonism he could never forget a friend or be faithless to his interests. Indeed, it has seemed to the writer as if his regard for friendship and its obligations were the in- spiring cause of that seeming bitterness, which he has exhibited towards those who have attacked and de- nounced him.

The Superior Court, established by the Legislature of 1859, was mainly the work of his hands. The old Common Pleas Court had, with the material of which it was mainly composed, evidently outlived its useful- ness, and the bill creating the new court was drawn by Mr. Butler, and has stood the tests of time and criticism. The retiring court, consisting of Edward Mellen, chief justice, and Henry Walker Bishop, George Nixon Briggs, George Partridge Sanger, Henry Morris and David Aiken, associates ; gave way to the new court, consisting of Charles Allen Chief Justice, and with him as associates, Julius Rockwell, Otis Phillips Lord, Marcus Morton, Jr., Seth Ames, Ezra Wilkinson, Henry Vose, Thomas Russell, John Phelps Putnam and Lincoln Flagg Brigham.

In 1860 Mr. Butler, having passed through the various preliminary grades, was brigadier-general of the militia, with headquarters at Lowell. In that year he was a delegate to the Democratic National Convention held at Charleston in April. His presence was a familiar one in Democratic National Conven- tions, as he had never failed to attend one since the nomination of James K. Polk in 1844. Mr. Parton says that "he went to Charleston with two strong con- victions in his mind. One was that concessions to the South had gone as far as the Northern Democracy could ever be induced to go. The other was that the fair nomination of Mr. Douglas by a National Democratic Convention was impossible." General Butler was a member of the committee to construct a platform. The committee divided, making three reports-one by the majority adhering to the demand for a slave code for the Territories and protection to

the slave trade; one by the minority, referring all questions in regard to the rights of property in States or Territories to the Supreme Court, and one by General Butler, reaffirming the Democratic principles laid down at the National Democratic Convention at Cincinnati in 1856. The report of General Butler was adopted, hut a nomination failed to be made, and the convention adjourned to meet at Baltimore on the 18th of June. At Baltimore the convention was again divided. The Douglas men nominated their chief for the Presidency, and Herschell Johnson, of Georgia, an avowed disunionist, for Vice-President. The other members of the convention retired and nominated for President John Cabell Breckenridge, of Kentucky, and Joseph Lane, of Oregon, for Vice- President. General Butler was one of the supporters of the latter nominations. The Douglas platform said, "We do not know whether slavery can exist in a Territory or not. There is a difference of opinion among us upon the subject. The Supreme Court must decide and its decision shall be final and bind- ing." The Breckenridge platform said : "Slavery lawfully exists in a territory the moment a slave- holder enters it with his slaves. The United States is bound to maintain his right to bold slaves in a Territory. But when the people of a Territory frame a State Constitution they are to decide whether to enter the Union as a slave or free State. If as a slave State, they are to be admitted without question. If as a free State, the slave-owner must retire or emanci- pate." In addition to the two tickets of the Demo- cratic party, there was the ticket of what was called the Bell and Everett party, with John Bell, of Ten- nessee, for President, and Edward Everett, of Massa- chusetts, for Vice-President, which constructed no platform and expressed no opinion on the question of slavery then at issue, and the ticket of the Republi- can party, with Abraham Lincoln for President and Hannibal Hamlin, of Maine, for Vice-President, which distinctly opposed the extension of slavery into the Territories.

General Butler returned to Massachusetts and to Lowell an unpopular man, but defended his course with ability, though without success. He was the candidate for Governor on the Breckenridge ticket and received only six thousand out of one hundred and seventy thousand votes. He had previously been the Democratic candidate for the same office, and received fifty thousand votes.

In December, 1860, Mr. Lincoln having been chosen President in November, General Butler went to Washington, and, in company with Southern Demo- crats, declared himself in unmistakable terms against any attempts to break up the Union. No Republican was more emphatic in his denunciation of the treasonable language which he heard. His friends at the South insisted that the North would not fight against secession. He told them that the North would fight, and that if the South went into a war there

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would be an end to slavery. "Do you mean to fight yourself?" they asked. "I would," he said, "and by the grace of God I will." South Carolina seceded, and it was expected that a delegation would come to Washington to present the ordinance of secession to the President. Mr. Black, the United States Attor- ney-General, had given it as his opinion that the pro- ceedings of South Carolina were legally definable as a "riot," which the forces of the United States could not be legally used in suppressing. General Butler said to the Attorney-General: "You say that the government cannot use its army and navy to coerce South Carolina in South Carolina. Very well, I do not agree with you; but let the proposition be granted. Now, secession is either a right -or it is treason. If it is a right, the sooner we know it the better. If it is treason, then the presenting of the ordinance of secession is an overt act of treason. These men are coming to the White House to present the ordinance to the President. Admit them. Let them present the ordinance. Let the President say to them: 'Gentlemen, you go hence in the custody of a marshall of the United States as prisoners of state, charged with treason against your country. M Summon a jury here in Washington. Indict the com- missioners. If any of your officers are backward in acting, you have the appointing power ; replace them with men who feel as men should at a time like this. Try the commissioners before the Supreme Court, with all the imposing forms and stately ceremonies which marked the trial of . Aaron Burr. I have some reputation at home as a criminal lawyer, and will stay here and help the District Attorney through the trial without fee or reward. If they are convicted, execute the sentence. If they are acquitted, you will have done something toward leaving a clean path for the incoming administration. Time will have been gained; but the great advantage will be that both sides will join to watch this high and dignified pro- ceeding ; the passions of men will cool; the great points at issue will become clear to all parties ; the mind of the country will be active, while passion and prejudice are allayed. Meanwhile, if you cannot use your army and navy in Charleston Harbor, you can certainly employ them in keeping order here."

The war followed, and on the 15th of April, 1861, Fort Sumter had fallen, and the President's procla- mation for troops was issued. A brigade of four regi- ments was called for from Massachusetts, to be com- manded by a brigadier-general. The Third, Fourth, Sixth and Eighth Regiments were selected to go. The Third and Fourth went by water to Fort Mon- roe ; the Sixth went by land, meeting its well-known experience in its passage through Baltimore, and on the 18th of April, with the Eighth Regiment, Gene- ral Butler, the brigadier-general selected, started by rail for Washington. From this point, during his service in the war, his history forms a part of the history of his country. His arrival at Annapolis hy

water from Havre de Grace, his rescue of the frigate "Constitution," his possession of Annapolis and the Na- val Academy, his reconstruction of the railroad track to Annapolis Junction and his possession of Balti- more are related on too many historic pages to be repeated in this narrative.

The occupation of Baltimore by General Butler was not approved by General Scott, who sent to him, on the 14th of May, the following despatch: "Sir, your hazardous occupation of Baltimore was made without my knowledge, and, of course, without my approbation. It is a God-send that it was without con- flict of arms. It is also reported that you have sent a detachment to Frederick ; but this is impossible. Not a word have I received from you as to either move- ment. Let me hear from you." This despatch struck the general with surprise, as the various despatches received by him from Colonel Hamilton, then on the staff of the lieutenant-general, certainly warranted the movement he had successfully made. General Butler was soon after removed from the Department of Annapolis, which included Baltimore, and commis- sioned major-general of volunteers, in command of the Department of Virginia and North Carolina, with headquarters at Fort Monroe. In explanation of the conduct of General Scott it may be said that he had planned a combined movement against Baltimore of 12,000 troops, in four columns, marching from differ- ent posts, and was somewhat chagrined to find that General Butler had accomplished the occupation of the city with a small body of soldiers without blood- shed, and without even the semblance of resistance.

The commission of General Butler as major gene- ral was dated May 16th, two days after his occupa- tion of Baltimore, and thus he became, in reality, the senior major-general in the service of the United States. It is believed, however, that General Mcclellan and General Banks received ante-dated commissions after- wards, and thus on paper, but not in fact, became his seniors. The writer saw General Butler at Fort Monroe soon after he assumed command at that fort, and during the period of four days had an opportun- ity of observing his aptitude for military affairs and the growth of discipline among the three months' men stationed at the fort.

Early in August General Butler was relieved of his command in the Department of Virginia and North Carolina, and General Wool was appointed in his place. His removal, however, was caused more by a desire on the part of the War Department to place a skillful and experienced officer of the army in active service than by any dissatisfaction with the manner in which General Butler had performed his duties. One of the first acts of General Wool was to place Gene- ral Butler in command of the volunteer troops out- side the fort. This command included nearly all the troops in the department. Few were in the fort itself, hut the constantly-arriving regiments were stationed at Hampton, Newport News and other points in the

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vicinity. Most of these were fresh troops, lately en- listed and equipped, and needed the most rigid over- sight and discipline to prepare them for active ser- vice. Not long after he was placed in command of an expedition to reduce the forts at Hatteras Inlet, which sailed August 22d, and proved successful. On his return from that expedition his command of the troops outside Fort Monroe ceased and he returned to Washington. From Washington he came to Mas- sachusetts, having received from the War Department an order, issued September 16, 1861, "to raise, or- ganize, arm, uniform and equip a volunteer force for the war, in the New England States, not exceeding six regiments of the maximum standard of such arms, and in such proportions and in such manner as he may judge expedient ; and for this purpose his orders and requisitions on the quartermaster, ordnance and other staff departments of the army are to be obeyed and answered ; provided the cost of such recruitment, armament and equipment does not exceed, in the ag- gregate, that of like troops now or hereafter raised for the service of the United States."

These troops embarked from Boston Feb. 20, 1862, under the command of General Butler, and after the reduction of Fort St. Philip and Fort Jackson, on the Mississippi River, and their surrender to Admiral Farragut, May 1st, he took possession of New Or- leans, and remained in command of the Department of the Gulf until the arrival of General Banks, on the 14th of December, 1862, who, under a general order dated November 9th, assumed command. The cause of his removal was doubtless a diplomatic one, in which the French government was involved, hav- ing its origin in the treatment of French nentrals by General Butler, which our government really ap- proved, but which, through French spectacles, it might seem to disapprove by the removal of the gen- eral at whose hands it was received. If General But- ler had done nothing in the war prior to the occupa- tion of New Orleans, and nothing after he . was re- lieved of his command of the Department of the Gulf, his administration of affairs in that city alone would secure to him abundant and lasting fame. The limits fixed for this narration will not permit a de- tailed account of its brilliant incidents. It is a little singular that by his acts in that city he should have dulled the glory of Andrew Jackson, the master of his youth and age, by robbing him of one of his titles,' and becoming himself the hero of New Orleans.

He was appointed to the Department of Virginia and North Carolina, and during the campaign of 1864 he participated in the military operations before Petersburg and Richmond as commander of the Army of the James. In December, 1864, he commanded an expedition against Fort Fisher, and in November, 1865, resigned lis commission. From 1866 to 1871 he was a member of Congress from the Essex Dis- trict, and in 1868 one of the managers of the im- peachment trial of President Johnson. At the Re- | many years, July 17, 1890.

publican State Convention in 1871 he was a candi- date for nomination for Governor, and defeated by William B. Washburn. In 1879 he was an independ- ent candidate for Governor, and in 1882 he was chosen Governor by the Democratic party, and served through 1883. In 1883, on his re-nomination, he was defeated by George D. Rohinson. He is still, at the age of seventy-two, enjoying and successfully man- aging a large practice, and as a statesman and poli- tician may be said to have, though perhaps not the largest, yet the most enthusiastic following of which any public man in our country can boast.

CHARLES EDWARD POWERS was born in Townsend May 9, 1834, and is the son of Charles and Sarah (Brooks) Powers, of that town. He graduated at Harvard in 1856, and, after studying medicine for a time, read law at the Dane Law School, and gradu- ated in 1858. He settled in Boston, and has since made that city his place of residence and business.

FRANCIS WINNIE QUA was born in Lisbon, N. Y., Sept. 2, 1845. He was admitted to the Middlesex bar in 1878, and settled in Lowell. He was a member of the Massachusetts House of Representatives in 1888 and 1889, and served with credit to himself and to his constituents. He married, September 6, 1879, Alice L., daughter of Michael Harden, of Ogdensburg.

ROBERT ALEXANDER SOUTHWORTH was born in Medford May 6, 1852, and is the son of Alexander and Helen Southworth, of that town. He graduated at Harvard in 1874, and, after studying law in the office of Charles Theodore and Thomas H. Russell, was admitted to the Suffolk bar in 1876. He has been assistant clerk of the Massachusetts House of Repre- sentatives, and secretary of the Republican State Central Committee. In 1888 he was a member of the State Senate. He now practices law and resides in Boston.

GEORGE CLARK TRAVIS was born in Holliston, August 19, 1847, and graduated at Harvard in 1869. He was admitted to the Middlesex bar in 1872, and, after practicing law in his native town several years, removed to South Framingham, where he lived and practiced until 1886, when he removed to Groton, his present place of residence, continuing his office in Framingham and occupying one also in Boston. He married, April 5, 1871, Harriet March, daughter of Austin G., and Mary Charlotte (Marcb) Fitch, of Hol- liston.

JOHN C. DODGE was born in New Castle, Maine, in 1810, and graduated at Bowdoin College in 1834. In 1842 he opened a law-office in Boston and made a specialty of maritime law. He represented Cambridge in the House of Representatives, and was a member of the Massachusetts Senate. He was president of the Board of Overseers of Bowdoin, and received from that college, in 1875, the degree of Doctor of Laws. He married, in 1843, Lucy Sherman, of Edgecomb, Maine, and died in Cambridge, where he had resided

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GEORGE BEMIS was born in Watertown in 1816, and graduated at Harvard in 1835. He read law at the Harvard Law School and was admitted to the bar in 1839. He practiced law in Boston until 1858, when a severe hemorrhage of the lungs so far impaired his health as to cause him to abandon ordinary profess- ional employment and to spend a large part of the remainder of his life abroad. He was employed in connection with Judge Phillips in the preparation of a code of criminal law for Massachusetts, which, how- ever, was not adopted by the Legislature. He dis- tinguished himself in the trial of Abner Rogers a con- vict who killed the warden of the State Prison, being associated in the defence with George T. Bigelow, afterwards chief justice of the Supreme Court. He was also associated with John H. Clifford, Attorney - General, in the prosecution of Dr. Webster for the mur- der of Dr. Parkman, and the preparation of that cele- brated case was the work of his hands. His own earn- ings, with some inherited property enabled him to devote the last twenty years of his life to the study of public law, and, especially after the Rebellion to the subject of belligerent and neutral rights and duties. He rendered valuable assistance to the State Department in the discussion of the claims of the United States against Great Britain for the depredations of the Alabama and other cruisers from British ports against our commerce, and published several spirited and able pamphlets as a contribution to the controversy. He died at Nice, in Italy, January 5, 1878.

JOHN W. BACON was born in Natick in 1818 and graduated at Harvard in 1843. After leaving college he taught for a time in the Boston High School, and after reading law was admitted to the Middlesex bar in 1846. He practiced law in Natick fourteen years, and from 1859 to 1862 was a member of the State Senate. In 1866 he was appointed by Governor Bul- lock chief justice of the Municipal Court of Boston, and in 1871 by Governor Claflin one of the justices of the Superior Court. He died at Taunton, March 21,1888.

WILLIAM WHITING was born in Concord, March 3, 1813, and graduated at Harvard in 1833, and after teaching private schools at Plymouth and Concord, read law at the Harvard Law School and was ad- mitted to the bar in 1838. He opened an office in Boston, and very early, by assiduous labor and an ex- haustive preparation of all cases placed in his charge, won a place in the front rank of the Massachusetts bar. He married Lydia Cushing, daughter of Thomas Russell, of Plymouth, and William G. Russell, a Harvard graduate of 1840, and brother of his wife, read law in his office and became lis partner in busi- ness. In 1864 he was appointed solicitor of the War Department and served three years. In 1868 he was a Presidential elector and in 1872 was choseu Repre- sentative to Congress, but died before he took his seat. In 1862 he published a work entitled "The War Powers of the President and the Legislative

Powers of Congress in Relation to Rebellion, Treason and Slavery." He also published various pamphlets, chiefly legal arguments before the United States Courts, and a memoir of Rev. Joseph Harrington. He died at Roxbury Highlands, June 29, 1873.

JOHN COCHRAN PARK was born in Boston, June 10, 1804, and graduated at Harvard in 1824, in the class with George Lunt and Elias Hasket Derby. He was admitted to the bar about 1827 and lived to be the oldest member of the Suffolk bar. In the early days of his practice he was active in military matters and at various times commanded the Boston City Guards, the Boston Light Infantry and the Ancient and Honorable Artillery Company. He joined the last-named company in 1829, was its adjutant in 1837, its second lieutenant in 1845, its first lieutenant in 1850 and its captain in 1853. He was also the clerk of the company from 1830 to 1833. For many years he was an active and prominent member of the Whig party and one of the most fluent and popular speak- ers in its ranks. He passed through the Free Soil party into the Republican party, and continued his connection with that party until the Presidential campaign of 1888, when he voted for Grover Cleve- land. In 1851 he was appointed by Governor Bout- well district attorney for the Suffolk District and re- mained in office until 1853. In 1860 he removed to Newton, where he continued to reside until his death, which occurred April 21, 1889. He married twice, his first wife being a daughter of Abraham Moore, already referred to as an attorney, first in Groton and afterwards in Boston. At his death he left a widow and one son, another son having died of wounds re- ceived in the war.

In Newton Mr. Park was appointed by Governor Long, in 1881, judge of the Newton Police Court, and remained on the bench until his death. The social atmosphere of Newton was especially congenial to him. Thrown into a circle of educated and scholarly men, he found a happy opportunity for the display of the rare literary and conversational powers which he possessed. In the church with which he was connected, in its Sunday-school and in various movements for reform, he found a welcome field for his naturally refined and philanthropic tastes. The various papers read by him in the Newton Tuesday Club, of which he was a member, show both the tendency of his mind and its strength and clearness to the last. In 1877 he read a paper on the "Morals of the Young," in 1878 one on "Prose Writers of Fiction," in 1879 "The Government and the Indians," in 1880 " The Poor and Pauperism," in 1881 "Marriage," in 1883 "Orators and Oratory," in 1884 "Political Parties" and "A Mission of Peace to the South," in 1886 "Communism, Socialism and Strikes " and " Parlia- ment and Congress," and in 1888 " We, the People."

Judge Robert C. Pitman, a member of the club, in a fitting memorial, says of Mr. Park : "His career was as versatile as it was protracted. But few have

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touched life at so many points. We were reminded by the honors paid at his funeral of his early and long-continued interest in military life. We know the traditions of his fascinating oratory when Web- ster and Everett and Choate and Phillips were in their prime; he served in both branches of the Legis- lature; at the bar he had a long and varied career upon the civil and criminal side, which was crowned at last with faithful years of judicial duties; always prompt to turn aside for any service in education, charities or reforms, and having a life-long interest in religion, its services and instructions."

JOHN SPAULDING was born in Townsend, August 8, 1817. He is descended from Edward Spaulding, who came to New England about 1630, and first set- tled in Braintree. Edward, the ancestor, was made a freeman in 1640, and was one of the original grantees and settlers of Chelmsford in May, 1655. By a wife, Margaret, who died in August, 1640, he had John about 1633, Edward about 1635 and Grace. By a sec- ond wife, Rachel, he had Benjamin in 1643; Joseph 1646; Dinah, 1649, and Andrew 1652. Of these chil- dren, Andrew, who was born November 19, 1652, and died May 5, 1713, married Hannah Jefes, of Billerica, April 30, 1674, and had Hannah, Andrew, Henry, John, Rachel, William, Joanna, Benoni and Mary. Of these, Andrew, who was born in Chelmsford, March 25, 1678, and dicd November 7, 1753, married Abigail Warren, February 5, 1701, and had Andrew, Jacob, Henry, Josiah, Ephraim, Isaac, Abigail, Jo- anna, James, David, Benjamin and Sarah. Of these, Isaac, who was born in Chelmsford, October 28, 1710, and died March 4, 1776, married Sarah Barrett, and removed to Townsend, where his farm is still in the family. His children were Jonathan, Lydia, Sarah, Benjamin, Abigail, Lucy and Esther. Of these, Ben- jamin was born in Townsend, August 14, 1743, and died May 27, 1832. He married Mary Heald Decem- ber 5, 1765, and had Benjamin, Peter, Mary, David, Joel, Abel, Isaac, Sarah, Ephraim and Nancy. Of these, Benjamin, born in Townsend, April 17, 1767, died May 21, 1842. He married, first, Sibyl Wallace, March 19, 1789; second, Sibyl Sanders, August 1, 1797, and third, Mrs. Betsey Searle, May 2, 1822. His children were Sibyl, Benjamin, John, Polly, Levi, Peter, Jonas, Abigail, Susan, Samnel and Amos. Of these, John, born in Townsend, May 10, 1794, married Mrs. Eleanor Bennett, of Boston, in 1814; second, Eliza Lawrence Spalding, of Shirley, June 3, 1830, and third, Esther Pierce, of Townsend, May 22, 1834. His children were Eliza Ann, horn October 1, 1814; John, August 8, 1817 ; Mary Heald, April 6, 1820 ; Sibyl, September 12, 1822; Caroline Matilda, October 18, 1824; Abel, September 21, 1831; Ellen Maria, November 13, 1842; Theodore Lyman, April 21, 1845; Lyman Beecher, February 25, 1847; Theo- dore Eddy, May 3, 1849, and Ellen Rebecca, Febru- ary 23, 1854.

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History of Middlesex County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 18

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1890 Publisher: Philadelphia, J. W. Lewis & co Number of Pages: 1034

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1890
Publisher: Philadelphia, J. W. Lewis & co
Number of Pages: 1034