USA > Massachusetts > Worcester County > Worcester > History of Worcester, Massachusetts, from its earliest settlement to September, 1836 : with various notices relating to the history of Worcester County > Part 25
USA > Massachusetts > Worcester County > Worcester > History of Worcester, Massachusetts, from its earliest settlement to September, 1836 : with various notices relating to the history of Worcester County > Part 25
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41
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JOSHUA EATON.
substratum of pious devotion pervading his whole life. He acquir- ed the reputation of a faithful and honest practitioner. Although his talents could not entitle him to eminence, he obtained extensive em- ployment. While his worldly prospects grew brighter, his attention was awakened to his spiritual condition, and prospects of higher use- fulness opened. The captivating and energetic eloquence of White- field diffused a contagions enthusiasm on religious subjects. The spirit was imbibed by Eaton, and cooperated with his own inclina- ions and the recollections of the earnest desires of his parents, to nduce him to abandon the profession he had adopted, and to seek the service of the altar. After five years practise at the bar, he com- menced the study of theology. The fervor of his exercises was deem- ed fanatical, and he incurred the censure of the church in Worces- er. Feeling aggrieved by their disciplinary measures, redress was sought by appeal to an ecclesiastical council. In a private diary is entered, under date Oct. 23, 1743, ' This day detained from the house of God, and I think to forbear preaching any more, until after the council. I hope I even long again to go up to the house of God, ind to tread his courts.' Three days were dedicated by him to fast- ng, humiliation, and prayer, on account of the difficulties. The roubles of his spirit were at length removed, by his restoration to christian communion. It was noted, Nov. 25, ' The church was pleas- ed to restore me to christian privileges without any acknowledg- ment, and gave as a reason for what they had done in censuring me, hat they looked upon me, as being actuated by an overheated brain.' The next Sabbath he resumed his clerical occupation, and preached o acceptably in the South Precinct of Leicester, now the town of Spencer, that he was soon after invited to settle there, and ordain- ed, Nov. 7, 1744. Zeal in the performance of duty overcame infir- nity of body, and habitual depression of mind. The enjoyments and honors of his former situation never elicited regret for deser- ion. He writes, Feb. 7, 1744, ' Attended court at Worcester upon business : but, oh ! the tumult, and dissipation, and snares, that attend he courts. I think, I would not return to the practise of the law on any consideration.' A faithful ministry was finished by death, April, 1722. The fragments of his diary are replete with indications of deep humility, ardent piety, and conscientious regard to duty. The successive decease of his children and consort, the sufferings of ong sickness, and the afflictions of his lot, exemplified his resigna- tion and patience. After his death, a volume of plain and judicious discourses, not remarkable either for brilliancy or force, were pub-
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LAWYERS.
lished by his friend, Rev. Eli Forbes of Brookfield, who pronounced his funeral discourse, and received the custody of his papers.1
STEPHIEN FESSENDEN, a native of Cambridge, was graduated at Harvard University in 1737, studied with Judge Trowbridge, and probably succeeded Eaton in the practise of the law in Worcester. Specimens of instruments drafted by him, exhibit remarkable neat- ness and accuracy. A crowd of irregular practitioners, pressing into business, seem to have cut off his supplies, and finally driven him away. 2
JOSEPH DYER was a person of another description. Not bred to the profession, he came here in 1736, and commenced business as office and shopkeeper. Law and merchandise lie treated as equal- ly matters of trade. With some ingenuity and acuteness, he fell, at length, victim to the litigious spirit he encouraged in others. Having worked himself into the belief of the validity of a peculiar view of the qualifications of voters, the opposition of others to his own con- struction, produced a degree of monomania. It was his pleasure to interpose exceptions to all municipal proceedings until he became the common nuisance of the inhabitants. For more than twenty years he protested either verbally or in writing, against acts specially or doings generally of the town. No taxes could be collected from him, unless by levy of warrants of distress on his chattels. Year after year, the people resolved to sustain their officers in the execution of coer- cive process for payment of his share of common charges. At length, it seems to have been determined to silence the voice of continual re- monstrance, and subdue resistance to legal assessments, by depriva- tion of liberty. In 1759, Dyer was committed to the common jail, for neglect to discharge a fine incurred by absence from a military mus- ter, nominally of & 16 in the depreciated currency, really of small amount in specie. The remedy was ineffectual. He entered his cell protesting against the law, its process, and the prison. Protest- ing he would never come out by submission to the payment of a far- thing, he settled himself down in the house of the government as a home. His beard, permitted to grow unshorn, gave him the aspect of an ancient philosopher in retirement. The little emolument of professional business, and the income of the shop managed by his family, gave food for his subsistence. Two years went by, and the citizens, alarmed lest his obstinacy should bring upon them the sup-
The biographical sketch prefixed to this volume, and Willard's Address,have furnish- ed materials for this notice.
% Willard's Address, 51.
227
JAMES PUTNAM.
port of himself and his children, held a meeting to consider his situa- tion, and proposed to release the two thirds of the fine given by the statute to the corporation, if the residue was paid. The offer was re- jected. Three years longer, Dyer persisted in remaining under con- finement, probably sweetening the solitude by the compilation of a dictionary of the English language, afterwards published. A sub- scription was raised, against his will, by the charitable ; the sum ne- cessary for liberation was advanced, and he was told that he was free. The habit of resisting was so inveterate, that he objected to this be- nevolence, refused to remove from his rooms, and was, at length, only ejected by force. Dyer left the jail, as he entered it, protesting against the right to put him in or out. The first use of liberty, was to commence a suit against the keeper for false imprisonment : the failure of the action contributed to the recovery of mental sanity, impaired on a single point only. He afterwards removed to New- fane, Vt.1
In the same low class of pettifoggers, was NATHANIEL GREENE, a shopkeeper, who attended courts, made writs, drew wills and deeds, and did business in the humbler walks of the profession, from 1746, to 1760.
JAMES PUTNAM, H. U. 1746, attained and deserved the highest rank of professional distinction. He was born in that part of Salem, now Danvers, in 1725, studied with Judge Trowbridge, and com- menced the practise of the law in Worcester in 1749. Strong na- tive power was increased by extensive acquirement and unwearied cultivation. His ability and learning soon gave him a flood of clients, and enabled him not only to contest, but to hold, posses- sion of the best business, while Trowbridge, Hawley, Gridley, Pratt, and the other celebrated counsellors who attended the terms of our courts, were competitors. The highest encomium which can be be- stowed upon professional qualification, was pronounced, in after life, by an associate, who well knew his worth :2 'Judge Putnam was an unerring lawyer ; he was never astray in his law. He was, I am in- clined to think, the best lawyer of North America.' His argu- ments were marked by strong and clear reasoning, logical precis- ion and arrangement, and that sound judgment whose conclusions were presented so forcibly as to command assent. A well read law- yer, skilful pleader, safe adviser, and successful advocate, his exten-
1 Ebenezer Dyer is mentioned in Thomson's Gazeleer of Vermont, as one of the first settlers of Newfane in 1766. He was probably son of Joseph.
2 Cited in Willard's Address, G1.
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LAWYERS.
ding fame gave him wide sphere for action and usefulness. Retain- ed in Middlesex and Hampshire, he attended the courts of those counties constantly, and, in important cases, assisted in those of Suf- folk, where then, as now, the best talents of the state were gathered. At a time when military rank was given as the real distinction of merit, and had not become worse than an empty title, he was Col- onel of a regiment. When Jonathan Sewall was raised to the bench of the Court of Admiralty, James Putman was appointed his suc- cessor, as Attorney General of the province. When the revolution commenced, having given the whole weight of his high character and great influence, to sustain the royal government, he was com- pelled to take refuge in Boston.
He accompanied the British army to New York ; thence he went to Halifax, and embarked for England in 1776, where he remained until the peace of 1783. In 1784, he was appointed member of the Council of New Brunswick, and Judge of the Supreme Court of that province. In the discharge of the duties of his judicial office, he obtained the highest praise which human ambition should desire that of inflexible justice. The sternness and austerity of officia demeanor, and the reserved habits of social life were relieved by flashes of wit which are described as irresistible. He resided in the city of St. John, and retained the office of Judge till his death, Oct 23, 1789.
Among those who received legal education from him, were Pres ident John Adams, Joshua Atherton of Lancaster, Rufus Chand ler, and Nathaniel Chandler of Worcester.
RUFUS CHANDLER, II. U. 1766, son of the second judge Johr Chandler, was born at Worcester, May, 18, 1747, and died in Lon don, Oct. 11, 1823. He studied with James Putnam, was admitted to the bar in 1768, and practised in Worcester until the Courts wer closed, in June, 1774. Inheriting the loyalty of the family which shared so freely in the bounty of the king, he left the country on the commencement of hostilities, and resided in England as a private gentleman.
He was more remarkable for accuracy and method, than for higl mental endowments. Fidelity in business, and purity of life, secur ed the confidence of his clients. He was economical in his habit from principle, and most punctiliously neat in personal appearance
LEVI LINCOLN, born May 5, 1749, was third son of Enoch Lin coln, a strong minded and substantial farmer of Hingham, membe of the revolutionary committees, and frequently representative of tha
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LEVI LINCOLN.
town. Unable to afford liberal education to all his children, and unwilling to bestow peculiar advantages on one, the son was bound apprentice to an ironsmith.1 Indications of talent, and of strong in- clination for literary pursuits, were early exhibited. While he yet wrought at the anvil, he indulged the taste for reading in the hours allotted for sleep, and devoted a portion of the night to the study of the Latin and Greek languages. Sedate and thoughtful manner, and diligence and capacity in the acquisition of knowledge, interested others in his welfare. Assistance and encouragement were derived, from Mr. Lewis, long master of the Grammar School, and from the Rev. Dr. Gay, for whom his pupil cherished enthusiastic veneration. As the love of literature increased, he abandoned the forge, and after six months preparation, entered Harvard University, where he was graduated in 1772. Originally intending to adopt the clerical pro- fession, his purpose was changed by an accidental visit to the courts, when the eloquence of the elder Adams threw its power over the pending cause. He commenced the study of law with Daniel Farn- ham, Esq. in Newburyport, where he staid a year, and then complet- ed his noviciate in the office of Joseph Hawley of Northampton, dis- tinguished as jurist, statesman, and patriot. In April, 1775, he marched as volunteer with the minute men to Cambridge : as the emergency of danger which called for the service had passed, and the army settled down in their entrenchments for protracted siege, he returned; was admitted to practise in regular course in Hamp- shire, and immediately established himself in Worcester. A wide and clear field for the exertion of talent was presented. The prin- cipal men of the county had espoused the cause of the royal gov- ernment, and been driven from their homes, or deserted their coun- try. Two lawyers only remained at the bar when the temples of justice were reopened, in 1775, after having been closed by the tu- mult of arms for a year.2 Decision of character and energy of pur- pose, capacity to lead and popular address, soon gave him prominent station. Introduced into extensive business, he still devoted his tal- ents to the cause of independence, and immediately became an ac- tive member of the committees of the revolution. Animated appeals to patriotism in written addresses, and printed communications to
1 Jeremiah Lincoln of Hingham, who had been a soldier in the French wars, and esca- ped from the massacre of Fort William Henry. He died at Lunenburg, Mass. Anoth- er of his apprentices, Dr. Peter Hobart of Hanover, left his work shop for the Universi- ty. Solomon Lincoln's History of Hingham, 90. 127.
2 The late Judge John Sprague of Lancaster and Joshua Upham of Brookfield.
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LAWYERS.
the newspaper of the town, attest the ardor of his devotion and the powerful expression of his pen. When the courts commenced, after their suspension, in Dec. 1775, he was appointed Clerk. In Jan. 1777, on resigning, he was commissioned by the executive council, Judge of Probate, and held the office till 1781, when it was relin- quished, in consequence of interference with professional engage- ments.
In 1779, he was specially designated to prosecute the claims of gov- ernment to the large estates of the refugees, confiscated under the Ab- sentee Act : and was Commissioner to expedite the payment of the Continental tax. He was delegate of the town to the convention in Cambridge for framing a state constitution. In Feb. 1781, he was elected by the Legislature, under the Confederation, representative in the Continental Congress, but the honor was declined. In 1783, he was called by the Supreme Court to the degree of Barrister at law, a judicial distinction only conferred on himself and Judge Sprague in the county, after the revolution. 1 In 1796, he was representative in the General Court : in 1797, member of the Senate of the Common- wealth; and exerted strong influence in the legislative action, par- ticularly in the modification of the judicial and school systems. In the autumn of 1800, although his democratic principles were known to be opposed to those of a majority of the electors, he was returned representative to the seventh Congress, and was chosen to supply the vacancy occasioned by the resignation of Hon. Dwight Foster at the then next session. He was selected, soon after taking his seat, by President Jefferson to form one of his cabinet. On the 5th March, 1801, he was appointed Attorney General of the United States, and was provisional Secretary of the State, until the arrival of Mr. Madison at the Federal city, in May following. The duties of the former charge separating him from his family, it was resigned, after nearly four years service. 'I received last night,' writes Mr Jefferson, Dec. 28, 1804, ' your letter, proposing to resign your office ; and I received it with real affliction. It would have been my greatest happiness, to have
1 The following precept is an example of the form in which the honorary legal distine- tion, now obsolete, was conferred.
To Levi Lincoln, of Worcester, Esquire, Greeting. We, well knowing your ability, learning, and integrity, command you, that you appear before our Justices of our Su- preme Judicial Court next to be holden at Boston, in and for our county of Suffolk, on the third Tuesday of February next, then and there, in our said Court, to lake upon you the state and degree of Barrister at Law. Hereof fail not. Witness William Cushing, Esq. our Chief Justice at Boston, this 25th day of December, A. D. 1783, and in the eighth year of our independence. By order of Courl. Charles Cushing, Clerk.
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LEVI LINCOLN.
kept together to the end of my term our executive family ; for our harmony and cordialty have really made us but as one family. Yet, I am a father, and have been a husband. I know the sacred duties which these relations impose : the feelings they inspire ; and that they are not to be resisted by a warm heart. I yield, therefore, to your wishes. You carry with you, my entire approbation of your official conduct, my thanks for your services, my regrets on losing them, and my affectionate friendship.' In the spring of 1806, he was elected member of the Council of Massachusetts. In 1807, and 1808, he was Lieutenant Governor of the Commonwealth. On the decease of Gov. Sullivan, in Dec. 1808, he discharged the duties of Chief Magistrate for the remainder of the term of office. He was nominated for election as Governor, in 1869, but, in the revolution of party, his competitor, Gov. Gore, prevailed. He afterwards de- clined being candidate, when the ascendancy of the political princi- ples to which he adhered, would have rendered success more sure. In 1810 and 1811, he was again councillor. In 1811, he was ap- pointed Associate Justice of the Supreme Court of the United States. ' You will see,' writes President Madison, ' by the commission which will be forwarded from the Department of State, that I have taken the liberty of nominating you to the Senate as successor to Judge Cushing, notwithstanding your remonstrances against a recall in- to the national service. I was induced to this step, not only by my personal wishes, but by those of others, between whom and yourself exists all the reciprocal respect that can add weight to them, and par- ticularly by their persuading themselves, that your patriotism would acquiesce in an appointment, however contrary it might be to your pre- vious inclinations. I venture to flatter myself that in this we may not be disappointed : and that, in every event, you will regard the liberty I have taken in imposing the dilemma upon you, with the indulgence due to my motives, and to the great esteem and sincere friendship of which I pray you to accept my renewed assurances.' Weakness of sight, terminating in almost total blindness, rendered it necessary to decline even such solicitation, and to retire from public life.1 Par- tial restoration of vision, enabled him to resume the cultivation of the farm and the classical studies, both objects of passionate attach- ment, and among the fields and with the pages of his favorite Latin
1 Mr. Jefferson writes ; 'be assured your place is high among those whose remem- brance I have brought with me into retirement and cherish with warmth. I was over- joyed when I heard you were appointed to the supreme bench of national justice, and as much mortified when I heard you had declined.'
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LAWYERS.
authors, to alleviate the infirmities of decaying health and pressing age. He died, April 14, 1820, aged 71.
'For a period of nearly forty years,' says Mr. Willard, ' he was in active life, and bore leading part amid vast and important chan- ges in our community, such as none of the present generation can be called on to witness. He was, without question, at the head of the bar, from the close of the Revolution till he left our courts at the commencement of the present century. His professional business far exceeded that of any other member of the bar. He was retained in every case of importance, and for many years, constantly attend- ed the courts in Hampshire and Middlesex, [and frequently those of the neighboring states. ] His great command of language, his pow- er in searching out the truth from unwilling witnesses, in analysing, arranging, and presenting to the mind the evidence of the case, ren- dered him a highly popular advocate, and gave him great success in jury trials. Wide reading and extensive practise constituted him a learned jurist.' The arbitrary encroachments of the royalist clergy- men, claiming the sovereign right of veto, were successfully resisted by him. His love of religious freedom, broke through the ecclesias- tical usurpations of early time, and contributed to establish the con- flicting interests of church, parish, and minister on sure distinctions. The fetters of negro bondage were broken in Massachusetts, by the decision, in a case, in which his whole energies were exerted, that the relation of master and slave could not justify assault. The ' Far- mer's Letters,' published in 1800, and 1801, were widely circulated, produced powerful sensation in the political world, and busied the press, for a long time, with efforts to answer their arguments, and personal attack on their author.
He was one of the original members of the American Academy of Arts and Sciences, Trustee of Leicester Academy, first President of the Worcester Agricultural Society, and associate of many useful institutions.
It is not for the partiality of filial reverence to attempt to deline- ate the private character of a venerated sire. All that is permitted by the plan of this work, is to indicate the public and professional standing of our citizens, where neither space nor ability afford hope of doing justice to their merits.
WILLIAM STEARNS, H. U. 1770, was born in Lunenburg, Mass. He first commenced the study of divinity, and preached for a short time, but was not settled as a clergyman. He then devoted himself to the law, was admitted to practise, Dec. 1776, and established
233
EDWARD BANGS.
himself in Worcester. During one year he was connected with Daniel Bigelow, Esq. in the publication of the Massachusetts Spy. His professional business was considerable until his early death, in 1784. He possessed good sense, respectable learning, lively wit, and much kindness of feeling.
EDWARD BANGS was born in Harwich in the county of Barnstable, Sept. 5, 1756. He prepared for college at Dummer Academy, in Newbury, under the instruction of the celebrated Master Moody, and entered Harvard University, in 1773. He remained in Cam- bridge during the spring vacation of 1775, when the British troops marched to Concord. On the 19th of April, as soon as intelligence of the hostile movement was received, he hastily equipped himself from the armory of the college company, repaired to the scene of action, and fought gallantly during the day. He saved the life of a British soldier, severely wounded, who had been overtaken in flight, and was about to be sacrificed to the vengeance of his captors. The events of the war dispersed the students, and interrupted, for a time, the course of instruction. Mr. Bangs continued his studies at home, until the halls were again opened. He graduated in 1777, in the same class with the late Rufus King, James Freeman, William Bent- ley, Thomas Dawes, and others, who became eminent as learned divines, or able civilians. He immediately entered the office of Chief Justice Parsons at Newburyport, and was admitted to the bar, in Essex, in 1780. The same year, he removed to Worcester, and commenced business in partnership with William Stearns. This con- nection continued about two years. After its dissolution, he pursu- ed the profession alone, and with good success. When the insurrec- tion broke out, he engaged with great ardor in defence of the con- stitution. His pen was exerted in the cause of order with ability. In January, 1787, he joined the army of Gen. Lincoln, as a volunteer. In that brief campaign, he suffered so much from exposure and hard- ship, that his health was impaired, and the foundation of disorders laid, from which he never recovered. In 1805, he formed a part- nership with William E. Green, who had just removed from Grafton to Worcester, which subsisted until 1811. He was appointed Attor- ney of the Commonwealth for the County of Worcester, on the resig- nation of Hon. Nathaniel Paine, by the Court, and soon after reap- pointed by the Govenor and Council, Oct. 21, 1807. He was re- moved to the bench, as Associate Justice of the Court of Common Pleas for the western circuit, Oct. 8, 1811, on the first organization of that court. This office he retained till his death, June 28, 1818 at the age of 62.
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LAWYERS.
He was representative of Worcester, in the General Court, from 1802 to 1811 inclusive : for many years one of the board of select- men ; was on many important committees ; and sustained various town offices. Without seriously interrupting his professional avo- cations he took a prominent part in political transactions. In 1801, he was nominated for member of Congress from Worcester south dis- trict, but declined the honor. During the stormy period of party controversy, he was induced to become a candidate for the same sta- tion, but his competitor was elected.
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