History of Cumberland Co., Maine, Part 25

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 780

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In May, 1827, he was admitted to practice in the Sn- preme Court of his native State, and at once removed to the western part of Maine and established himself at the town of Newfield, in the county of York. Here his pro- fessional life really began, although, while a student, his intelligence and practical knowledge had led to his being not unfrequently intrusted with the management of cases of' no little importance and intricacy. In consequence of early-acquired habits of study and reflection, and a memory of remarkable strength and accuracy, the young lawyer had brought with him into his newly-chosen field of prac- tice a substantial fund of legal knowledge and a capacity trained to apply it to the questions arising out of the busi- ness of men. He soon, consequently, made his way to the confidenee of the people among whom he lived, and found himself in the possession of a lucrative and increasing busi- ness. Not long after his settlement in Newfield, Mr. Clif- ford was married to Hannah, the cklest daughter of Capt. James Ayer, at that time a leading citizen of the town.

Nathan Glizzone

CUMBERLAND BENCH AND BAR.

Like those of her husband, Mrs. Clifford's ancestors par- ticipated in the struggles and sacrifices of the Revolution. Hannah Ayer was quite youthful when she was married, and has now for fifty-two years been the constant companion of her husband throughout all the leading passages of his career. With him, and with undiminished faculties, she enjoys to-day the long, eventful, and honorable retrospect which their joint lives afford. A lengthy period of absence from the State, the larger part of each year of which has been spent in Washington, has almost entirely removed Mrs. Clifford from the society of Maine; but in the sin- cere love of all who know her she holds a seat, from which, by no circumstances possible to her, can she ever be dis- placed.

Mr. Clifford was early led towards politieal life, and has always been a Democrat. Notwithstanding at the time of his coming to Newfield hardly a score of Democrats could be found in the town, he was, in 1830, elected by a large majority to represent it in the State Legislature, and three times was re-elected to the same office. In 1833 he was chosen Speaker of the House of Representatives, and in the following year again received the same honor. Con- tinued success accompanied him in the practice of his pro- fession, and in 1834 he was appointed attorney-general of the State. This office was then one requiring the exercise of the highest order of legal ability and acquirement, but this enlarged and more conspicuous stage of professional action served only in higher measure to illustrate and exem- plify the young attorney's talents and learning.

In the exciting political contest of 1838, Mr. Clifford was nominated and elected to Congress from the First Con- gressional District of Maine, and was re-elected in 1840. He left Congress with an established reputation as an able and accomplished debater and an accurate parliamentarian. Although originally in favor of the re-election of Mr. Van Buren, he supported the nomination of Mr. Polk with ardor, and entered with great earnestness into that campaign. Mr. Clifford was in the conduct of an extensive practice when he was invited to become a member of the cabinet of Mr. Polk as Attorney-General of the United States. The office was congenial to the tastes of the new incumbent, and in the channel of his life-long studies and practice. llis administration of its duties was such as to show himself a worthy successor of any that had preceded him in that high station. While a member of the cabinet he was appointed commissioner to exchange the ratifications of peace between this country and Mexico at the close of the Mexican war. After the establishment of peace between the two countries the commissioner remained in Mexico, under a new ap- pointment as envoy extraordinary and minister plenipoten- tiary. In 1849, having returned to this country, he re- moved to the city of Portland, which has ever since re- mained his place of residence. Ilere he again returned to the practice of the law, which he followed until his appoint- ment as associate justice of the Supreme Court of the United States by President Buchanan, in 1858.

When Mr. Justice Clifford took his seat upon the bench of the Supreme Court nearly all the district judges were old men, almost past service, and the appointment of eir- cuit judges had not then been authorized by the act of Con- 13

gress. The doekets were crowded with cases, many of long standing, and, as a consequence, an enormous amount of labor was devolved upon the new judge. To this he ap- plied himself with great energy. The incessant labor, how- ever, of several years was required before the business was reduced to the dimensions of the current cases. For sev- eral years the judge took scarcely a day of vacation, but all of the year not consumed in attendance upon the Supreme Court was spent in the performance of circuit duties.

As a Federal judge, it is not now necessary to say any- thing of the distinguished subjeet of this notice. His active judicial life is still a part of the present time, and his character and abilities are the subjects of every-day honor and respect. His opinions delivered in the Supreme Court form a respectable part, both in number and impor- tance, of forty volumes of the reports of the court, to wit : Howard, Black, Wallace, and Otto. Ilis judgments upon the circuit are, in part, embodied in four volumes of " Clif- ford's Reports," edited by his son, William Henry Clifford, Esq., of the Cumberland bar. For several years Judge Clifford has been the senior justice of the court, and after the death of Chief Justice Chase, became acting chief jus- tice.

This sketch would still be incomplete if Judge Clifford's selection as president of the electoral commission of 1877 should be omitted. The events of that memorable period are still recent, the recollection of them fresh in the public mind, and many of the actors still survive. The time, therefore, for an analysis of the merits of the decision in connection with the lives of any of the members of that tribunal has not yet come. But whatever may be the ver- diet of history concerning the motive or character of the final adjudication of that great committee, Americans of the present generation will bear witness that the calmness, wis- dom, and justice of the venerable presiding officer's rulings and decisions evoked, in the heat of discussion, a frank and universal admiration. Agreeing with the minority of that body, the president delivered an opinion upon the question of the Florida returus, and declined to give any judgments upon the votes of the other contested States.

Six years ago Judge Clifford was privileged to retire from the bench, with the liberal pension provided by law. But retirement from active duty is not in accordance with his habits or disposition. He is still in vigorous health and in the full possession of matured faculties, trained and dis- ciplined by great study and a most varied experience. He has outlived the most of his generation, and still exhibits no signs of bodily or mental decay. He has crowned the life of a distinguished lawyer with what seems its most fit- ting ending, the character of' a wise and great judge. In- dustry, truthfulness, and fidelity are the prominent traits of the judge's character. He has, however, always been no- ticeable for extreme suavity of disposition and urbanity of manner, in a combination at least not usual, to wit : with great force of character and unyielding determination in the face of difficulties. That roughness or ruggedness of bear- ing, which in many most estimable men seems to be the concomitant of energy, is in him supplanted by a sincere politeness of nature, by a gentleness which shows that great force of will is not inconsistent with kindness and consider-

HISTORY OF CUMBERLAND COUNTY, MAINE.

ation for the feelings of others. With him, an indomitable mental and moral constitution is clothed with a mild and gracious exterior, and still he is essentially a self-made man. During the scenes of a most active life, he has found time to repair the defects of the edneation of early years. Ilis judicial writings exhibit a clear, compact, and weighty style, and his memorial notices of some of his brethren who have fallen asleep, their day of labor ended, abound with grace and tenderness of expression. The colleges of New England have not failed in a recognition of his acquisitions and learning. Bowdoin and Dartmouth Colleges and Brown and Harvard Universities have at different times conferred upon him their degrees of Doctor of Laws.

Judge Clifford's fame rests on the abiding foundation of substantial worth and years of conscientious devotion to ex- alted duty. Among men he is truly to be considered happy, for he is living in the ripe season of a long and well spent life, rich in honors, in the highest station, with none of the infirmities of age, surrounded by the love and veneration of numerous descendants, having deserved and won the cordial regard and respect of his country.

HON. BION BRADBURY .- His father, Jeremiah Brad- bury, a native of Saco, Me., commenced the practice of law in Biddeford, removed to South Berwick, and was ap- pointed by President Madison collector of the port of York, which place he held until 1820, when he was appointed clerk of the courts, and removed to Alfred. Ile held this office for twenty years, and removed to Calais, Me., where he resided till his death, in 1848.

His mother, Mary Langdon, was daughter of Capt. Seth Storer, of Saco, and granddaughter of Mrs. John Storer, of Wells, who was sister of Governor Langdon of New Hamp- shire, one of the signers of the Declaration of Independ- ence. Mr. Bradbury's paternal grandfather was a captain of the Revolution.

Bion Bradbury was born in Biddeford, York Co., Me., Dee. 6, 1811. Ile received his academie education at Gorham and South Berwick Academies, and graduated at Bowdoin College in 1830. For the year 1831 he was pre- ceptor of Alfred Academy. He commenced the study of law at Alfred with Hon. Daniel Goodenow, completed his legal studies with Hlon. William Pitt Preble, of Portland, and was admitted to the bar at Alfred, York Co., in May, 1834. In July of the same year he commenced practice in Calais, Washington Co., Me., and soon after formed a law partnership with Hon. Anson G. Chandler, which continued until 1838, when Mr. Chandler was appointed to the bench. In 1842 he was a member of the State Legislature from Calais, and served on important committees. He was ap- pointed collector of customs at Eastport, Me., in 1844, re-appointed by President Polk, and received a second re- appointment by President Pierce. He was member of the State Legislature from Eastport in 1849 and 1850, a member of the National Democratic Convention held at. Cincinnati in 1856, and also at Charleston and Baltimore in 1860. He was Democratic candidate for Congress in the Sixth District of Maine in 1858, and defeated by a bare majority. In 1862 he was elected to the Legislature from Eastport, as a war Democrat, by the unanimous vote of both parties, and in 1863 was the Democratic candidate

for Governor .* During all his official relations he continued the practice of the law, and since his removal to Portland, in 1864, has remained constant in the duties of his profes- sion As a lawyer, Mr. Bradbury is learned, cautious in advising litigation, ever giving counsel in favor of compro- mise and settlement of disputes, and to a remarkable degree always retains the confidence of both parties. As an advo- cate, he is persuasive with the jury, skillful in the examina- tion of witnesses, graceful and spirited in his oratory. As a legislator, he was one of the foremost debaters, and con- trolled largely the policy of his party, who sought his advice constantly. He always took an active part in all matters of local, State, and national legislation. Not less to be ad- mired as a citizen and neighbor, he possesses a well-balanced mind, an evenness of' temperament that controls his action at all times, a frankness of manner that places friends and strangers alike at ease while engaged in conversation, a sympathetic heart for the needy, a kind word ever ready to cheer the less fortunate, and whether surrounded by his family, engaged in a perplexing case of litigation, or in anxious debate in the halls of legislation, he is ever the courteous, genial, and agreeable gentleman. He married in 1837 Alice, daughter of Johnson Williams, of Brooklyn, N. Y., and afterwards for many years a resident of Water- ville, Me. They have five children living,-Albert W., a practicing lawyer in Portland ; Bion, Jr., attached to the Coast Survey ; Mary Langdon, widow of the late Charles C. Wells; Alice, wife of Charles F. Libby, Portland ; and Marcia Dow Bradbury.

IION. ELBRIDGE GERRY, youngest son of Peter and Mary Gerry, was born in Waterford, Oxford Co., in the then province of Maine, Dec. 6, 1813. His father, a native of Harvard, Mass., at an early age, with a view to the im- provement of his health, emigrated to Maiue, to engage in the arduous life of a pioneer, clearing the forests and making himself a future home. lle was a good specimen of the sturdy stock that in the earlier days conquered our rude soil, leveled our forests, created our towns, founded our churches and schools, and lifted the province of Maine into the dignity of an independent State. He married Miss Mary Cutler, of Sudbury, Mass., a refined and attractive woman. For several years he was a Representative in the State Legis- lature. He was laborious, thrifty, and exact in the man- agement of his own affairs as well as of those intrusted to his care, and was universally esteemed for his integrity and conscientious fidelity to duty. Peter Gerry was a zealous and active member of the Methodist Church, and his house was the free and welcome home of the traveling preachers of that denomination. He was one of four persons to erect the first. Methodist church in Waterford.

With such an example before him, Elbridge Gerry could scarcely fail in the battle of life to win success. His boyish pursuits were full of vitality and energy. The gun and fishing-rod were his familiar companions, and the woods, the hills, and the streams, his favorite resorts. In his own language, poetically expressed, reciting the glowing memo- ries of his youth,-

* In 1874, Mr. Bradbury was the Democratic nominee for Congress from Portland.

Photo. by Lamson, Portland.

Bron Marburg

Ellengregory

CUMBERLAND BENCH AND BAR.

" Into the depths of forests sublime I plunged and traveled, regardless of time ; The dazzling gloom and the wild array Hurried the hours and shortened the day.

" The forests, so peaceful. so profound, Awf'ly grand in the absence of sound. Were like silent majesty to me. Land of my boyhood, honor to thee !"

He remained at home until sixteen years of age, receiving only the educational advantages then afforded by the com- mon schools. During this period, though full of boyish fun, and not very fond of study, he always led his classes in the lessons. Self-reliance was characteristic of him from boyhood.

He acquired the habit of public speaking, for which he was thereafter noted, in the youthful debates with his school- fellows, in which were discussed the gravest topics of the hour, and into which he entered with great earnestness. Before he was sixteen years old, he had by his own exertions accumulated several hundred dollars, and being desirous of obtaining a suitable education for some profession, he en- tered Bridgton Academy, and at this and other similar in- stitutions for several years sedulously pursued his studies. teaching school in the winter months.

An incident occurred when he was about twenty years old, while visiting at home, which may be appropriately re- lated here as illustrative of the character of the man. At a large gathering of the people of Waterford, assembled to discuss the temperanee question, a resolution was offered that the members of the temperanee society should give their business patronage exclusively to those who belonged to the association. The elergymeu, physicians, and other leading citizens advocated the proposition, no one appearing in opposition. Young Gerry very reluctantly consented to assume the negative, and, without previous preparation, he threw himself with such spirit and ability into the discus- siou that the veterans pounced upon him from all sides of the house with great vehemence. The presiding officer, a grave and venerable elergyman, tried to overawe him, but without effect. He maintained manfully his ground, and brought to bear upon the question the weapons of keen wit, strong logic, and moral, religious, and social reasons, which, by the verdict of the audience, were of conclusive force. The vietory was his, and established the fact that the young man had the forensic power which foreshadowed his future suecess as a speaker on the platform in the halls of the State Legislature and Congress, and as an advocate at the bar.

In 1837, Mr. Gerry began to read law in the office of Hon. Stephen Emery, and in June, 1839, was admitted to the bar in Oxford County, opened an office in Waterford. and entered at once upon a large and lucrative practice. From the commencement of his practice he assumed the entire control of his own causes, not only as attorney, but as advocate, and soon rose to the front rank in the county and State.

In January, 1840, he was elected elerk of the House of Representatives of the State, and in 1841 he was appointed a United States commissioner in bankruptcy. In 1842 he was appointed county attorney by Governor Fairfield, and in 1843 was elected to the same office by the people. In

1845 he resigned the office of county attorney. the proper discharge of its duties seriously interfering with his prac- tice, and for the further reason that he had been elected a member of the House of Representatives.

This Legislature was marked for its ability, having among its prominent members such men as Hon. William Pitt Fessenden, IIon. Phineas Barnes, Hou. E. Wilder Farley, and Mr. Howe, now United States Senator from Wisconsin, all leaders of the Whig party. It is due to Mr. Gerry to say that he took rank at once among the prominent leaders of the forces on the other side. The session was one of peculiar interest. from the magnitude of the questions in debate. His first and ablest speceh was on the admission of Texas, being an exhaustive and logical argument in favor of the measure, and winning the commendation of friends and foes alike. As chairman of the committee on the Dorr Rebellion in Rhode Island he reported a series of resolutions, which he sustained with great ability. He was also a member of the committee on the Oregon ques- tion. The granting of the charter of the Atlantie and St. Lawrence Railroad, pending at that session, was not only voted for by Mr. Gerry, but earnestly and effectively sus- tained by him in debate. At this session, in the absence of the Speaker. he was eleeted Speaker pro tem.

In 1848 he was elected a member of the Thirty-first Con- gress, from the First Congressional District of Maine. It was a stormy and acrimonious session. It began with a protraeted struggle over the election of Speaker, and the caucus sessions of each political party were exciting, per- sonal, and bitter. In the debates on these occasions Mr. Gerry took conspicuous part, and thus early established a reputation for courage and ability. The question of slavery tinged every issue.

The two extremes, the Abolitionists of the North and the fire-eaters of the South, joined hands in arraying the two sections against each other. To counteract the mischievous designs of these men, and with the view to prevent the bloody collision which he never doubted would otherwise ensue, Mr. Gerry, with other patriotie members, labored earnestly and faithfully, and as the result the threatened disaster was for the time arrested. At this session the com- promise measures introduced by Mr. Clay were passed. Into the discussion of these and related questions, MIr. Gerry entered with great earnestness. One of his speeches, reported at length in the Congressional Globe, is a full, strong, compact presentation of his views upon the rights and powers of Congress, as well as upon their limitations. His description of the evils of slavery-its antagonism to human rights, as well as to the material interests of the uation-is given with graphie force. But while he de- nounced the institution, and showed that the sentiment of the framers of the republic was adverse to its continuanee, he took his stand upon the constitution. Though he had no doubt of the power of Congress to interdict slavery in the Territories, he deemed such interdiction in the eases in issue unnecessary, as nature had itself' erected a barrier which could not be passed. He was, therefore, in favor of leaving the question to the people of the Territories.

Among the important matters of national concern before this Congress was that of the reduction of postage to the

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HISTORY OF CUMBERLAND COUNTY, MAINE.

present rate. In the light of present experience, it would hardly seem that this great reformatory measure could have created much debate. Yet it was then considered by many a very hazardous experiment, and excited much heated dis- cussion. Mr. Gerry, with strong faith in its success,-a faith which time has fully justified,-sustained the bill by a clear and concise speech, by his personal influence, and by his vote.

Among the prominent men who constituted this notable Congress were Senators Clay, Webster, Calhoun, Benton, Douglas, Houston, Jeff. Davis, Cass, and Chase, and in the House, Howell Cobb, Toombs, A. H. Stephens, R. C. Winthrop, and Giddings, of Ohio.

At the close of his term he declined a renomination and returned to his practice as a lawyer in Waterford. His business increased to such an extent that he removed to Portland, where he continued in the active work of his profession in Oxford, Androscoggin, and Cumberland Counties for some six years, when his health broke down and he was compelled to retire.

Although thus for several years in political life, co- operating earnestly with the leading minds of the Demo- cratie party, and holding important official positions, Mr. Gerry was wise enough to subordinate politics to his pro- fession. As a public speaker he was bold, aggressive, argu- mentative, and profoundly in carnest. Possessed of an at- tractive personal presence, tall and straight, nervous, and ever inspired with his subject, he always commanded the elosest attention of his audiences. His cultivated taste for general literature, which began iu carly life and which he retains, has aided him in all his career and has sweetened and mellowed the weary hours of a long and painful illness. As a writer he was terse and logical. He was not only a good advocate, but was a sound lawyer, well acquainted with constitutional and the common law. He was ardently attached to his profession, and his mind had been liberal- ized by pursuits outside of the law. A question of his- tory, romance, or law were all equally interesting to him. Socially, he is genial, fond of conversation with his friends, and devotedly attached to them. He married, Nov. 22, 1849, Miss Anna St. Clair, the brilliant and accomplished daughter of Hon. Richard Jenness, of Portsmouth, N. H., by whom he has three children,-Aliec, who was married to Mr. A. M. Patterson, of Baltimore ; Elbridge, a lawyer in New York City ; and Elizabeth J. Gerry.

HON. JOSIAH I. DRUMMOND, LL. D., was born in Wins- low, Me., Aug. 30, 1827, and graduated from Waterville College in 1846. Ile taught school three years, including part of the time he was in college, and was admitted to the bar in October, 1850. He was married December 10th of the same year. He was elected to represent Waterville in the Legislature of 1857, also re-elected and chosen Speaker of the House in 1858, where he won much reputation for his promptness and ability as a presiding officer. He was elected to the State Senate in 1860, and, during the ses- sion, was elected attorney-general of the State, to which of- fice he was re-elected in 1861, 1862, and 1863. In 1860 he removed to Portland ; was elected to the Legislature frou that city to fill a vacaney, was elected Speaker, and declined a re-election. He was city solicitor of Portland for several

years, and for over six years served on its school committee. For some years past he has steadily refused political offices, and devoted himself to his profession. in which he main- tains a high position as a counselor and advocate, and holds the position of attorney for important corporations. As a citizen and as a lawyer no one in the State commands more thoroughly the confidence and esteem of his fellow-eitizens.

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History of Cumberland Co., Maine, Part 25

Author: Clayton, W. W. (W. Woodford) Publication date: 1880 Publisher: Philadelphia, Everts & Peck Number of Pages: 780

Author: Clayton, W. W. (W. Woodford)
Publication date: 1880
Publisher: Philadelphia, Everts & Peck
Number of Pages: 780