History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I, Part 36

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 700

USA > Massachusetts > History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I > Part 36

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Hon. George Bliss says of him, "He was generally es- teemed as a sound lawyer and a skillful special pleader. His contemporaries valued his legal opinions."

SIMEON STRONG was born at Northampton in 1735, gradu- ated at Yale College in 1756, and devoted himself to the ministry for several years ; but relinquished the profession he had marked ont, which he could the more easily do as he had not yet been settled over a church, on account of pulmonary difficulties. Ile afterward read law in the office of Col. Worth- ington and commenced practice at Amherst in 1762, and was admitted to the Bar in November of that year.

After the stoppage of the courts, in 1774, there followed an interval of several years before he resumed practice. From 1780 to 1800 he had an extensive business, and regularly at- tended the courts. In 1800 he was appointed one of the judges of the Supreme Court. During his retirement from practice, it is said that he employed his time in an extensive revision of his law-books.

In summing np his character, Mr. Bliss says of him, " There were some traits in his character which may be worthy of par- tieular notice. He was very modest and unassuming in his deportment, and on all occasions treated the court before whom he appeared with deference and respect. Whatever he might think of the man, he always respected the judge. In

* It is said by one writer that there were suspicions of the colonel's loyalty to the cause of the colonies during the era of the Revolution, and that Zebina Steb- bins, chairman of the town committee of correspondence, once gave him a cer- tificate of good character against the charge of Toryism.

118

HISTORY OF THE CONNECTICUT VALLEY.

a person of his acquirements, and with wit of such caustic powers as he sometimes exhibited, and before judges at times for whom no very high claims could be advanced, this was a feature of character rarely to be found. It is possible this might partially be owing to the respect habitually paid to the old Superior Court; but I am satisfied it was principally per- sonal, and that he lost nothing in this way.

" I have known Mr. Strong to acquire considerable advan- tage by the course he pursued. Another trait not always to be found in the character of distinguished advocates was the perfeet fairness with which he was acenstomed to treat his antagonists. lle was as astute as any man to diseover a mis- take, but would never take unreasonable advantage of it. In his remarks to the jury the client or the ease might feel the keen point of his satire, but toward his brethren of the Bar he was always civil and courteous. He was eminently skilled in the science of special pleading. lle generally attended the courts in Woreester as well as Hampshire, and in the former part of his practice frequently attended at Berkshire.

" After deducting the intervals of his practice, he was nearly a third of a century at the Bar. His manner was not the most graceful, but the clearness, force, and point of his address to the jury always procured him great attention. As Judge Strong was more than five years on the Bench of the Supreme Court, the soundness of his legal opinions will appear from the reports. He died December 14, 1805.

" Among the distinguished members of the Bar before the Revolution was JONATHAN BLISS, of Springfield. He gradu- ated at Cambridge in 1763, read law with Judge Trowbridge, and was contemporary, and many years corresponded, with Francis Dana. He began practice in November, 1764; was in good practice, and esteemed an able advocate and coun- selor. At the approach of the Revolutionary contest, in August, 1774, having no family, he went to England, and never afterward resided in the United States. He was sue- cessively attorney-generał and chief-justice of the province of New Brunswick, and died in the latter office at an advanced age. These offices he filled with high reputation. His manners were those of a gentleman of the old school."*

With reference to the five last-mentioned attorneys, Mr. Bliss says they " were the only barristers there were in this [Hampshire ] county before the Revolution. Governor Strong and Judge Sedgwick were invested with this honor after the peace.

" One other distinguished man read law and was admitted to the Bar in this county, t though I do not learn that he ever practiced here. PIERPONT EDWARDS was of Northampton ; he was admitted February term, 1771. Ile soon removed to New Haven, where he acquired great professional celebrity. Ilis eloquence, as much as that of any other man, appeared to be strictly extemporaneous ; yet I had the opportunity of knowing that no person was aeeustomed to bestow more pains in preparing a case. He was wont to study it thoroughly, and examine all points likely to arise in it."

In speaking of the law-libraries of early times in this region, Mr. Bliss says that Col. Worthington's was the most exten- sive ; but that Maj. Hawley, after he purchased Gen. Lyman's old works, had a more valuable collection of ancient English authors. This last was mostly destroyed by fire about 1820 or 1822. Jonathan Bliss also had an extensive library, which remained in the country until after the peace of 1783.

From the records of the county it appears that the admin- istration of justice in the inferior courts was suspended during the years 1765 and 1766, for the reason that all renires were required by the celebrated " Stamp Act" to be on stamped

paper. These eourts, imbued with something of the spirit which actuated the people of the colony, declined to use the evidence of what was considered an unjust and unlawful tax, and continued all jury causes till the law was repealed.

" At the time the courts were stopped, in 1774, there were probably in Hampshire and Berkshire a little more than twenty persons who paid some attention to professional business, but the principal part of it was done by a much less number. Of these, Worthington and Hawley never returned to practice, though Col. Worthington had several students in his office after 1774. Jonathan Bliss had removed, as I have stated, and three out of five barristers entirely left the courts. Many of the other lawyers retired, and either never came to the Bar again or did very little business there.

"The courts of justice were closed in August, 1774, and no Court of Common Pleas was appointed till May, 1778. The Superior Court might have been holden onee or twice dur- ing the interval ; but very little professional business was done till the elose of the Revolutionary war. The most of what was done was by Governor Strong and John Chester Williams.

" At the close of the Revolutionary war business was very greatly inereased in our courts. The fountains of justice, which had been some time elosed, were suddenly opened, and the torrents seemed likely to overwhelm everything in their course. But this was soon cheeked. Barriers of various kinds were interposed, and the doors were but partially open. At this time the people in this county were greatly in debt. The merchants at Boston and New York had before the Revolu- tion, many of them, given extensive credit to the country traders ; they, in their turn, had generally sold their goods on credit.

" Those debts which had escaped the blast of paper-money- and many such there were-had aeeumulated to a large amount. In addition, too, the public burdens pressed very heavily. The debts ineurred for hiring and supporting soldiers, as well as direct taxes, were beyond the means of the people to dis- charge. There was no market for produce, and its price was greatly reduced. Distressed and driven almost to desperation, instead of imputing their sufferings to the real causes, the people looked only to the immediate instruments, the attor- neys, and sheriff's, and collectors of taxes, and considered them as nuisances and pests to society.

" From the latter part of the year 1784 the practice of the law was for several years in this county under a eloud. Mobs obstructed courts of justice and opened the prisons. Great pains were taken by artful and designing men, by means of publications in the newspapers and in various other ways, to fasten popular odium on the profession, and for a time their efforts were successful.

" Lawyers were accused of multiplying suits unnecessarily, and of improperly enhancing bills of costs. However this might be in other parts of the commonwealth,-and I have never heard any proof of the assertion in regard to any county, -it is certain that in this there was no foundation for the ac- cusation.

" The Bar in this eounty, as a body, took a variety of measures to avert the odium. They determined to discourage all suits, where it could be done with safety, and adopted a practice, which has since become extensive, instead of appeal- ing or continuing actions at large, that of continuing them for final judgment, thereby diminishing the expense, and giving each party as much advantage as would have been de- rived from an appeal upon default. But all expedients were ineffectual."

The discontent among the people sueeeeding the Revolution resulted in conventions which met to consider the state of the country and to devise measures for relief in various places, prominent among them being those held at Worcester, on the 15th of August, and at llatfield, on the 22d of the same month, 1786.

* It is stated by Dr. Booth that Mr. Bliss returned to Springfield in 1791, married a daughter of Col. Worthington, and returned to New Brunswick. One of his sons became a lawyer in London, England, and another was made chief-justice of the Court of Queen's Bench, in Nova Scotia, and resided at Halifax. + Old Hampshire County.

119

HISTORY OF THE CONNECTICUT VALLEY.

These conventions voted themselves constitutional bodies, and drew up formidable lists of grievances, prominent among them being the lack of a circulating medium and the "method of practice of the attorneys-at-law."

The discontent finally culminated in the celebrated " Shays Rebellion," which was quelled by force of arms in January, 1787. But the difficulties were not disposed of by its suppres- sion, and the General Court undertook to remedy the existing evils by numerous acts, among which was the one known as the " See Cause Aet," which, however, was passed in Decem- ber, 1786, before the dispersion of the insurgents.

This act gave justices of the peace greatly-increased juris- diction, and was, no doubt, intended to virtually do away with the necessity for employing attorneys in all ordinary cases. This law was somewhat modified after 1790, but busi- ness did not return to its regular channels until about the year 1800.

Mr. Bliss closes his remarks upon the old Bar of Hampshire County with somewhat extended notices of Governor Caleb Strong and Judge Sedgwick, from which we make copious extracts. Of Governor Strong he says, "Ile was born at Northampton, Jan. 9, 1745, and graduated at Cambridge College in 1764. After he left college his health was very feeble, and he was so much afflicted with weakness in his eyes as to be entirely unable to read. He, however, commenced the study of law with Maj. Ilawley, and was accustomed to pro- cure his father or one of his sisters to read for him. He spent considerable of his time in journeying to regain his health. I have not been able to find any record of his admission. I have been told that the courts were for some time disinclined to admit any more attorneys, but finally consented to admit him.

" It is said he began to practice in 1772, and in that year ] first find him named as attorney of record. It is very mani- fest that the court pursued no fixed course in regard to admis- sions, and it is also probable that some were admitted whose names may not appear on record. As it was but little more than two years from the time that Strong began to practice to the time when the courts were interrupted, it is probable that his business was not very extensive. But after the courts were re-established, and until he left the Bar, in 1800, his practice was more extensive than that of any person in the county. He regularly attended the courts in Worcester and Berkshire, as well as this county. Though much employed in public business, he generally was able to attend to his pro- fessional engagements as well as his public duties. That fore- cast which was so remarkable a trait in his character was advantageously employed in making his arrangements to at- tend the courts without deserting public business. When at General Court or at Congress, he would come and attend a court and return, and perhaps not be missed at all.

" He was one of the most diligent and industrious men living ; he improved every moment. With a very large civil docket and many criminal cases to manage,-for he was publie prose- cutor for the county from the re-establishment of the courts, in 1778, till he left the Bar,-his business was so arranged as to be always ready. Habits of procrastination, which are some- times found among lawyers, he never indulged, and it was astonishing how much business he wouldl accomplish without any noise, or even the appearance of extraordinary engage- ments. His mind was uncommonly versatile : interruption did not seem to break its course. He would resume a subject, after attending to some important business, as though nothing had intervened. He was very fond of reading, and always had a book at hand, that he might improve every leisure moment. His knowledge of law was more universal than that of any of those already named, but I am not prepared to say that he was so peculiarly distinguished in the doctrines of real actions as Judge Strong ; but in this branch of the law he was respectable, and there was no deficiency when applied

to practice. His draughts and forms were uncommonly accu- rate. It was rare indeed that any defects or mistakes were discovered. Being peculiarly skilled in draughting, he was much employed in this branch of business.

" Many of the statutes of the United States and of this com- monwealth were formed by him. Ilis pleading was, among professional men, always received as good authority ; it was, however, rather less in the English style than that of his master, or of Judge Strong.

"Governor Strong's aid and counsel were as much sought after and relied on as those of any one. He was a very suc- cessful advocate before a jury. His manner was as different from that of Hawley as could well be conceived. His address was pleasing and insinuating. He commonly began in a very low tone of voice, talking to the jury in a very familiar man- ner, but so as to gain their attention. Whether others heard or not, he was not concerned. Not infrequently, before those whom he addressed or any one else suspected it, he had gained his point. I have frequently heard it observed by one who had been called to practice in all the counties in the State that he found no man he so much feared as closing counsel as Caleb Strong.

" Ile was the favorite advocate when the rights of humanity were to be vindicated. He early took a decided part in favor of the negroes. As he lived several years after he retired from public life, and in good health and spirits, his conversation was uncommonly instructive and entertaining. He had known most of the great men of our country from the early part of the Revolution, and been conversant with most of the important measures that had been postponed or adopted ; and as his memory was very tenacious, he was ready to give an- ecdotes of nearly all, and in such a manner as was always pleasing. Ile was twice offered a seat on the Bench of the Supreme Court, but declined it. He died Nov. 7, 1819, in his seventy-fifth year."

The HON. THEODORE SEDGWICK "was born at Hartford, West Division, in Connecticut, in the year 1746 ; graduated at Yale College in 1765, read law in the county of Berkshire with Mark Hopkins, Esq., and was admitted to the Bar in 1766. It is said that he did not complete his college term, and was therefore admitted to the Bar very young. The first no- tice I find of him, in our courts in this county, is at the May term of 1767. He first practiced in Great Barrington, then removed to Sheffield, and afterward to Stockbridge. He was fast rising into eminence when the Revolution interrupted the regular administration of justice. From the beginning of his practice until the year 1802, when he was appointed a judge of the Supreme Judicial Court, he regularly attended our courts and practiced at our Bar. His practice, however, was subject to many interruptions by public business. As he was many years a judge, those who did not know him personally may, from the reports, learn how profound his knowledge of law was. He was ardent in his feelings, and of a sanguine temperament. His eloquence was forcible and commanding. What he gained was by fair means. His attacks were above- board ; he gave warning, and put his adversary upon his guard. In all important causes his assistance was requested, and he was frequently called out of the State.

"There is one thing which ought to be mentioned to his honor. He stood many years at the head of the profession in the county of Berkshire. During his professional life he had many students. His pupils, through his attention and that of an honorable gentleman long associated with him, came into practice much better indoctrinated than many of those who had served a clerkship in this county."

Of another prominent attorney Mr. Bliss says : " The Hox. ELI P. ASHMUN bad not the advantages of a public education. Hle read law with Judge Sedgwick, and was a bright example to what eminence, notwithstanding the want of a thorough classical education, and notwithstanding very great feebleness

120

IHISTORY OF THE CONNECTICUT VALLEY.

of voice, a person may arrive. It will be no disparagement to any one to say that he was for many years at the head of the profession in this county. He was an eminent advocate and sage counselor ; but he was more, very much more, than these cpithets imply."

Previous to the year 1826 the territory now constituting the four western counties of the State had furnished one governor, two judges of the Supreme Court, two members of the old Congress, four United States senators, one speaker of the House of Representatives of the United States, one member of the original United States Constitutional Convention, three members of the convention that formed the State constitution, seven representatives in Congress, twenty-seven State sena- tors, six State councillors, one president of the State Senate and two speakers of the House of Representatives, eight judges of the Common l'leas and Circuit Courts, five judges of Pro- bate, and four sheriff's.

In summing up his remarks upon the Bar, Mr. Bliss con- tinues : " The men of whom I have given a particular account had not the advantages which students now have. Probably a copy of Blackstone was not to be found in the county before the year 1770. They had llale and Gilbert, and, a short time before the Revolution, Bacon's Abridgment, but there was not in the county a copy of Cornyn's Digest. They had Coke and Littleton, as well as Rastell, Fitzherbert, Bracton, Brit- ton, and Fleta. It is, however, to be recollected that what they had was in a narrow compass. They were not obliged, in acquiring the treasures of legal seience, to hunt for them in hundreds of detached volumes, or to search for gold where it was spread out so thin, or the thread of it drawn so fine, that even a modern microscope could scarcely discover it. A per- son who was apt to learn might sooner get all their books by heart than cursorily look through modern law-publications."

The following is a list of the attorneys and counselors, either admitted to the Bar in the county of Hampshire or practicing in that county, from 1786 to 1826, taken from the appendix to Hon. George Bliss' address in 1826: Elihu Ly- man, Moses Bliss, Simeon Strong, Theodore Sedgwick, Caleb Strong, Justin Ely, John Phelps, Samuel Fowler, William Billings, John Chester Williams, Abner Morgan, Edward Walker, John Chandler Williams, Alexander Wolcott, Sam- uel Lyman, Pliny Mirrick, Samuel Hinckley, John Hooker, Ephraim Williams, John Barrett, Samuel Mather, George Bliss, Joseph Lyman, John Taylor, William Coleman, Jona. E. Porter, Simeon Strong, William Ely, John Phelps, Eli P. Ashmun, Jona. Leavitt, Elijah Paine, Stephen Pynchon, John Ingersoll, Solomon Stoddard, Win. M. Bliss, Richard E. Newcomb, Jonathan Grout, Hezekiah W. Strong, Charles P. Phelps, Samuel Lathrop, Elijah Bates, Solomon Vose, Jonathan Dwight, Jr., Jotham Cushman, Benjamin Parsons, Edward Upham, Jonathan Woodbridge, Joseph Proctor, Samuel F. Dickinson, Phinehas Ashmun, Joseph Bridgman, Sylvester Maxwell, Wm. Billings, Elijah II. Mills, Pliny Arms, Elijah Alvord, Samuel C. Allen, Theodore Strong, Edmund Dwight, Oliver B. Morris, Henry Barnard, Giles E. Kellogg, Charles Shepard, John Nevers, James M. Cooley, Solomon Strong, Alvin Coe, Noah D. Mattoon, Isaac C. Bates, Jonathan II. Lyman, John M. Gannett, Lewis Strong, Alan- son Knox, Asahel Wright, Mark Doolittle, Samuel Orne, Hooker Leavitt, Samuel Howe, Phinchas Blair, Samuel Cut- ting, Isaac B. Barber, Laban Marey, Israel Billings, Deodatus Dutton, Apollos Cushman, Rodolphus Dickinson, Edward Bliss, Daniel Shearer, Calvin Pepper, Wm. Blair, John H. Henshaw, James Stebbins, Wm. Ward, George Grinnell, David Willard, Horace W. Taft, John Drury, Franklin Rip- ley, Thomas Powar, Augustus Collins, Dyer Bancroft, War- ren A. Field, Patrick Boise, John Mills, John Hooker, Jr., Samuel Johnson, Wm. Knight, John Howard, Benjamin Day, Joshua N. Upham, George Bliss, Jr., Justice Willard, Charles F. Bates, Solomon Lathrop, Wm. Bowdoin, Hophni

Judd, Ithamar Conkey, Norman Smith, James Fowler, Elisha Hubbard, Eli B. Hamilton, Daniel Wells, Samuel Wells, Al- fred Stearns, Caleb Rice, Jonathan A. Saxton, Frederick A. Packard, Lucius Boltwood, Jonathan Eastman, Waldo Flint, Charles E. Forbes, Cyrus Joy, David Brigham, Aaron Arms, Joseph P. Allen, Benjamin Brainard, Jonathan Hartwell, David A. Gregg, Epaphras Clark, Benjamin Mills, Timothy C. Cooley, John B. Cooley, Asa Olmstead, Horace Smith, Joshua Leavitt, Mason Shaw, Elisha Mack, John H. Ash- mun, Samuel F. Lyman, Justin W. Clark, Horatio Byington, Emory Washburn, Horatio G. Newcomb, Wm. B. Calhoun, Josiah Hooker, Wm. Bliss, Erasmus Norcross, Daniel N. Dewey, Myron Lawrence, James W. Crooks, Richard D. Morris, Dan Parish, Ilomer Bartlett, Osmyn Baker, Elijah Williams, Francis B. Stebbins, Norman T. Leonard, Reuben A. Chapman, George Ashmun, Henry Chapman, Stephen Emory, - Field, Edward Dickinson, Andrew A. Locke.

The attorneys and counselors admitted to the Bar in Hamp- shire County since 1826 have been as follows :

1827 .- Edward Hooker.

1829 .- Arad Gilbert, William Dwight, Chas. P. Huntington, Elijalı Williams (2d).

1830 .- William M. Lathrop, Henry Stark weather, Fred'k H. Allen, William G. Bates, Barlow Freeman, William D. Gerc.

1831 .- George G. Parker, Benjamin D. Hyde.

1832 .- Chauncey B. Rising, Almon Brainerd, Francis Dwight.

1833 .- Samuel L. Ilinckley.

1834 .- Lincoln B. Knowlton.

1836 .- Samuel Henshaw Bates.

1839 .- Addison II. White.

1840 .- John Chester Lyman.

1842 .- Charles Delano, Whiting Griswold, Henry L. Dawes Ervin HI. Porter, Calvin Torrey.

1844 .- Samuel T. Spaulding, Horace 1. Hodges, Chauncey P. Judd.

1845 .- William Allen, Jr.

1846 .- Wm. W. Whitman, James W. Boyden.

1850 .- D. G. Sherman, F. H. Underwood, Lewis J. Dudley, Charles Allen.

1852 .- John Newton Rogers.

1858 .- Ephraim L. Lincoln.

1859 .- James R. Dewey, Homer B. Stevens, Wm. E. Turner.

1860 .- Charles 11. Day, Jos. Lyman Morton, Robert Ogden Dwight. 1862 .- Justin P. Kellogg.

1863 .- William P. Duncan.

1864 .- Francis A. Beals.

1865 .- Daniel W. Bond.

1866 .- Charles L. Gardner.

1868 .- John C. Hammond.

1869 .- Ilenry H. Bond.

1872 .- Win. Bradford Homer, Wm. Slattery, Jr., Timothy R. Pelton. 1873 .- Terrence B. O'Donnell.

1874 .- John B. Bottum.

1875 .- Moses M. Ilobart.

1876 .- Arthur Watson.

1877 .- Charles N. Clark.

1878 .- James 1. Cooper, Enos Parsons, Wm. II. Clapp, David Ilill, John B. O'Donnell, Robert W. Lyman.

1879 .- Edward A. Greeley.

The following attorneys resident in Hampshire County were admitted elsewhere: Wm. A. Dickinson, John Jameson, Edward E. Webster, Wm. P. Strickland, Alburn J. Fargo, Wm. G. Bassett, Thaddeus Graves, George Kress, Franklin D. Richards, Henry C. Davis.

The following is a list of the members of the Bar in Ilamp- den County from 1812 to 1879, with the date of their admit- tance :

121

HISTORY OF THE CONNECTICUT VALLEY.

1812 .- Patrick Boise .*

1813 .- John llooker, Jr.,* George Hinckley, ; John Howard .*

1814 .- Solomon Lathrop .*

1815 .- Charles F. Bates,* Benjamin Day,* George Bliss, Jr.,* Eli B. Hamilton .*

1816 .- Gorham Parks .*

1817 .- Alfred Stearns,* Caleb Rice .*

1818 .- William B. Calhoun,* John B. Cooley .*

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I, Part 36

Author: L.H. Everts & Co Publication date: 1879 Publisher: Philadelphia : Louis H. Everts Number of Pages: 700

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 700