History of Charlestown, New-Hampshire, the old No. 4, Part 49

Author: Saunderson, Henry Hamilton, 1810-1890
Publication date: 1876
Publisher: Claremont, N.H., The town
Number of Pages: 798

USA > New Hampshire > Sullivan County > Charlestown > History of Charlestown, New-Hampshire, the old No. 4 > Part 49

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MARSHALL M. MYRICK, b. in Woodstock, Vt., Apr. 20th, 1801 ; in. March 31st, 1843, Catherine A. Walker (dau. of John and Philey (Spencer) Walker) b. Jan. 16th, 1818. Ch. I. Madison M., b. Dec. 26th, 1843 ; m. Aug. 5th, 1868, Lucina Riggs, of Ludlow, Vt., by whom he has one child, Clarence Riggs. II. Florence H., b. June 25th, 1845 ; m. Oct. 3d, 1862, Francis P. Spaulding, of Springfield, Vt., and has two children, Fred M., and Morton M. Mr. Myrick came to Charlestown in 1843-removed in 1850-returned in 1873.

JOIIN NEVERS, JR., m. Lucinda Moody (dau. of Jacob Moody, of Northfield) Dec. 19th, 1821. Ch. I. Lucinda M., b. Dec. 20th, 1824. II. Ebenezer J., b. Feb. 26th, 1828; m. Malvina Parkman. III. Sylvia, m. Nathan Fisher-removed to Northfield, Mass., and died 1874.

TIMOTHY W. O'HAYER (son of Timothy and Elizabeth O'Hayer, county of Limerick, in Ireland) b. 1830; m. March 9th, 1849, Johan- na Madegan (dau. of Dennis and Ann (Me Carty,) Madegan, county of Clair, Ireland) b. Ang. 1st, 1830. Ch. I. Timothy P., b. March 9th, 1850 ; m. Bridget Mc Grath, July 12th, 1873. One son, John Sher- man, b. Apr. 22nd, 1874. II. Annie, b. Dec. 3d, 1852. III. Lizzie, b. Feb. 22nd, 1854. IV. Ellen, b. March 16th, 1856. V. Mary, b. Dec. 15th, 1858. VI. John, b. Sept. 11th, 1862. VII. Joseph D., b. Nov. 2nd, 1864. VIII. James M., b June 26th, 1867.

PATRICK O'LEARY (son of Michael and Mary (O'Sullivan) O'Leary) b. in Co. of Kerry, Ireland, in 1838; m. Nov. 25th, 1860, Elizabeth Coffey (dau. of Thomas and Mary Coffey ) b. in Co. of Kerry, Ireland, in 1840. Ch. I. James Coffey O'Leary, b. Aug. 14th, 1861. II. Mary O'Leary, b. Oct. 29th, 1863. III. Thomas O'Leary, b. March 25th, 1868. IV. Elizabeth O'Leary, b. June 27th, 1870. V. Kate O'Leary, b. Aug. 14th, 1872. VI. Margaret O'Leary, b. Feb. 20th, 1875. Mr. O'Leary came to Charlestown, Aug. 19th, 1860.

HON. SIMEON OLCOTT.

Hon. Simeon Olcott was the first member of the legal profession, who settled in Charlestown, and the first who opened an office in New- Hampshire, west of the Merrimac River. He was the son of Timothy

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Olcott, jr., of Bolton, Connecticut, and Eunice White, of Hatfield, Massachusetts, and was born Oct. 1st, 1735. He was educated at Yale College, at which institution he graduated in 1761, and as it is supposed, commenced immediately the study of law. The exact date of his establishing himself in Charlestown, has not been ascertained, but it could not have been later than 1764 .* The earliest date at which his name appears in the Proprietors' Records, is December 9th, 1768, at which time he was chosen Chairman of a committee, with John Hastings, jr., and William Heywood, to proportion the amount of quit rent due from each proprietor, to His Majesty's government, agreeable to their charter; and also to receive and pay the same to the Receiver General, at Portsmouth. This would indicate that he was not at that time a new comer.

It would seem a wide field on which this future Judge and States- man entered, when we now count the pleasant towns and villages which adorn the territory between the Merrimac and the Connecticut ; but it is not its extent, that is to be considered. so much as its condition, if we would forni a proper estimate of his situation or calculate the probability of his success.

Conceive then that there was only one court in the State at the time Mr. Olcott commenced business in Charlestown, and that that was at Portsmouth. There were no counties or shire towns, as there are now, for though there had been several attempts to divide the State into counties, for the purpose of securing to the people greater conven- ience, in the administration of justice, no project of the kind had suc- ceeded. From all parts of the State, therefore, all the inhabitants were under the necessity of resorting to Portsmouth, for the decision of every case, requiring adjudication in the courts; and such was the condition of the roads at that period, as to prevent that distant seat of justice, from being easily reached. A case at law was thus toof ex- pensive a matter, to be undertaken, except on occasions, where either property was involved to a considerable amount, or where the decision of the court in criminal cases seemed imperatively demanded. This state of things, however in one respect, seemed to produce a very good result, as its effect was to create a strong public sentiment in favor of

* This is made certain by an old letter in possession of the writer.

7 In a Journal kept by Hon. Samuel Stevens, I find the following. “Expen- ses journey from Charlestown to Portsmouth and Boston, in Sept. 1773, Dr. to cash £4 12s 9d.

Simeon Chott

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justice, and thus often led to the adjustment of difficulties, without an appeal to the law.

But the courts were not only at a great distance, but it is also to be added that they were much of the time in a most uncertain state. The judges were without salary (except a fee for cases tried) and therefore no one fitted to hold the office could be induced to retain it for any considerable time. The reasons for witholding salaries from the judges, may be amusing, to the present generation.

To give them numerically, 1st, it was with great difficulty that the State, without appropriating any thing for the judges, could raise mon- ey to defray its absolutely necessary expenses.

This was true, especially during the French wars, when forts had to be built, and the frontiers defended from Indian depredations and troops raised by the State to be paid ; and these with other things, made the burden of taxation very heavy. The reason given therefore, was one that appealed alike powerfully both to the government and the people.

The 2d was, that the position of judge was an honorable one, and the honor of the office ought to be considered by those who held it, a suffi- cient remuneration. The cogency of this was probably better appreci- ated by those out of the office, than in it.

The 3d was, that good citizens owed it to the State, especially in times of difficulty, to make sacrifices for its welfare.

But the final reason was, that it was harder for the people than the judges, as the case stood ; for such were the difficulties in reaching the courts, that the expense of bringing their suits before them was scarce- ly to be borne. But all these reasons, however cogent they might ap- pear, often failed to induce persons who were appointed to a judgeship to accept it. There were, therefore, occasional periods, when there could hardly be said to be any courts. This state of things continued till 1771, when it was remedied by the division of the State into five coun- ties. These were named by the Governor, after some of his friends in England-Rockingham, Strafford, Hillsborough, Cheshire and Grafton. The counties of Strafford and Grafton, being much less populous than the others, were to remain annexed to the county of Rockingham till the Governor, by advice of Council, should declare them competent to the exercise of their respective jurisdictions, which was done in 1773.

On the erection of Cheshire County, Charlestown and Keene were established as Shire towns, or half Shire towns as they were usually called ; the courts in their regular sessions alternating from one to the

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other. This was a great convenience to the people who heartily rejoic- ed to be relieved from their tedious journeys to Portsmouth, and the dangers which often beset their way.

The public record of Mr. Olcott shows that after establishing him- self in Charlestown, he grew in favor with the people to such a degree that he was'very soon elected to some of the most honorable offices in the gift of the town. In 1769-70 and 71, he was one of the selectmen. In the latter year he was also elected delegate to the Assembly at Portsmouth, which office he held for three years. In 1770 and 72, he was moreover unanimously chosen to direct the deliberations of the town as their Moderator. In 1773, he received the appointment of Judge of Probate, with a salary of twenty-four pounds sterling in ad- dition to which his business had so increased that he deemed it suffi- cient to allow of the admission of a partner ; and in July of that year Benjamin West, who became subsequently one of the most dis- tinguished lawyers in New-Hampshire, was admitted to that connec- tion. But though he had been prospered thus far, most difficult times for the profession were fast approaching. Even then the murmurings of the storm that was gathering began to be heard which was soon to burst abroad in the Revolution, when the mere fact that a man be- longed to the legal profession, would be enough to bring his character into suspicion. We may learn the feeling which existed in this por- tion of the state from the following transaction which took place at Keene, towards the close of the year 1774. Elijah Williams, Esq., a lawyer of that place having instituted a suit against a citizen the writ commencing in the usual form, "George the Third by the Grace of God, King &c," a large company of people, some of them from the neighboring towns, soon assembled ; and having seized Williams took him to a barn in an out of the way place, and made him solemnly promise to stop the suit, and to issue no more writs in the name of the King. And this same feeling prevailed not only in Keene, but every- where through the county, in consequence of which, an end was put to all regular judicial proceedings in Cheshire, so that from the winter of 1774, no more courts were held till 1778 .*

* Whereas by reason of the present war, the Courts of law within the County of Cheshire have for a long time past been inactive and the several actions in each Court pending cannot be brought forward,

Resolved that henceforth the Court of Common Pleas, General Sessions of the Peace, and Superior Courts of Judicature within said County, be opened and held at the several times and places prescribed by law for holding said Courts respec-

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It has often been asserted that at the commencement of the Revolu- tion, there were only three lawyers west of the Merrimac river ; two of whom were tories, and the third though a whig was a timid man and did not dare to accept office under the new government, appre- hending that the whole affair would be put down as a rebellion. Doubtless many have supposed this statement to embody a historical fact. But if any allusion was intended either to Mr. Olcott, or Mr. West, it is without foundation ; for the evidence that Mr. Olcott was either timid or time-serving is entirely wanting, and the fact, that Mr. West was a volunteer in the army in a company of horse, is sufficient to substantiate his claim one would think to the character of a patriot. Doubtless such reports had their origin in the suspicion excited every where against the legal profession, which made it almost impossible for the people of New-Hampshire to believe that a lawyer could be a true citizen. And this jealousy of the profession produced results which viewed in the light of the present time reflect upon those who were influenced by it no great honor ; for it led to instances of as ab- solute a tyranny and wrong as the patriots of the Revolution were re- sisting. It was this which led to the arrest and keeping under sur- veillance of Hon. Joshua Atherton-and it was from this also that Thomas Cummings a young lawyer of Litchfield, who left home for the purpose of joining the continental army, was proscribed and forbid- den to return. It was thus at the opening of the Revolution that every man who had any thing to do with the practice of law was looked upon with distrust. We are not therefore to receive without some allowance the traditional reports of timidity and toryism, many of which never had any foundation in truth ; but we ought rather to condemn that spirit of the times through which so many were led to attaint the characters of not a few true men.

But the unsettled condition of the courts, arising out of the outbreak of the Revolution, had scarcely begun to be remedied, when another serious difficulty occurred in the conflict of jurisdiction between New- Hampshire and Vermont. Thirty-eight towns on the east side of the Connecticut river, having formed a union with the latter State, the

tively ; and all appeals or other matters which have been or are now returnable to either of the said Courts shall be taken up and sustained by the Court or Courts respectively to which the same were returnable or appealed and all writs, pro- cesses, Judgments and executions in either of said courts, pending at the time of their last sitting are hereby revived in the same manner as if no lapse had inter- vened. Tuesday Nov. 24th, 1778. (State Records.)

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towns lying northerly above Claremont, Newport, Unity and Wen- dell, were annexed to the counties of Windsor and Orange, while the towns named and those lying south of them, were erected in one entire and distinct county by the name of Washington, over which with special statutes for the transfer of cases from the New-Hampshire to the Vermont courts, it was designed that the laws of Vermont should be extended. If there had been little order before, it was not made greater by such an arrangement ; and legal business which had begun to revive was again thrown into confusion.

The territory which had been annexed to Vermont east of the Con- necticut River was also divided into four Probate Districts, viz. the Dis- tricts of Keene, Claremont, Dresden and Haverhill.

Oct. 13th, 1781, the Council in conjunction with the General Assem- bly, who were holding their session at Charlestown, proceeded to the choice of Judges of the Superior Court, and the following persons were elected. His Honor Elisha Payne, Esq., Chief Judge. The side Judges were Moses Robinson. John Fassett, jr., Bezaleel Woodward and Joseph Caldwell, Esq. The first and fourth were from New-Hampshire. Robinson, Woodward and Caldwell declined the offices tendered them, and their places were respectively supplied by Paul Spooner, Jonas Fay and Simeon Olcott. Mr. Olcott was elected on the 26th, of Oct., 1781, and his letter of resignation was dated Jan. 28th, 1782 and was laid, by Governor Chittenden, before the General Assembly, at Benning- ton, on the 11th of February following, with numerous other papers re- lating to the Eastern and Western unions.

During the time of the discontinuance of the New-Hampshire Courts and the conflict of authority between the two states, there is little infor- mation to be glean d concerning Mr. Olcott's professional life. That he did much business is scarcely probable, but that he diligently employed his time in making preparation for the future duties of his profession we may well believe. He also erected him a house on what is now the Sherman Paris place, which was so goodly a building and so superior to the common structures of the time that the main portion of it, though it has passed through many mutations, is still retained. After it was fin- ished Mr. Olcott, not wishing immediately to occupy it, rented it for a time to Dr. William Page, in whose interesting family he found a home very agreeable to his tastes. In this family he continued to remain till 1783, when believing that the time had come for forming a connection which he had long contemplated, he married, in Oct. of that year, Miss Tryphena Terry, of Enfield, Connecticut, and thus laid a foundation for

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those domestic relations which no one enjoyed more than himself. If any have, at this distant day, any curiosity in relation to the appearance of the young bride, there have been fortunately left, through the jour- nal of a cotemporary who saw her on her arrival in Charlestown, the means of gratifying it. He describes her as being very fine looking (a blooming beauty is the original expression) and as a lively, agreeable and accomplished lady. They arrived in Charlestown on the 24th of Oct. 1783, having performed the journey from Connecticut on horse- back with no other guides than marked trees for a considerable portion of the way. They were accompanied by the bride's brother and sister, Mr. Benjamin and Miss Ruth Terry, and also by their friends, Mr. Kib- ber and Miss Hannah Olmstead. We would like to know the particu- lars of their journey but it is to be regretted that with too many other things which would be of deep interest to the present generation, they are lost in oblivion.

Mr. and Mrs. Olcott on their arrival in Charlestown, arranged a home for the fall and winter with Dr. Page, where they remained till about the middle of the following March, when, conceiving that boarding was not the most agreeable mode of life for a man in his circumstances, Mr. Olcott took his house and they entered upon the varied enjoyments and cares of house-keeping by themselves.

Mr. Olcott was now fairly settled in life, and as the war had closed and the circumstances of the times became more favorable to the prac- tice of his profession, he began to experience the degree of prosperity to which his merits entitled him. He was not, therefore, left long in a pri- vate position to pursue the common routine of professional business, for, on the 25th of Dec., 1784, he was appointed Chief Justice of the Court of Common Pleas. In this position he served a little over six years, when, on the 25th of Jan., 1790, he was elevated to the position of Asso- ciate Justice of the Superior Court. This office he continued to hold till the 28th of March, 1795, when he was given the Chief Justice- ship, which he held till June, 1801, when he was elected to represent the State as a Senator in Congress. He was elected, not for a full term but to fill a vacancy occasioned by the resignation of Hon. Samuel Liv- ermore, of Holderness. The time for which he was elected expired in March, 1805. After this he retired to private life, in which he contin- ued till the 22nd of February, 1815, when he died at the age of 79 years, greatly lamented by the public at large, and a very extensive circle of personal friends, leaving a shadow on the home whose enjoyments were

. always greatly heightened by his presence.

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Judge Olcott had little opportunity to become a distinguished advo- cate, sinee, as soon as the courts had become permanently established, he was given a position on the bench. But as a judge, it is not too much to say of him, that he exhibited an extensive knowledge of law, for one of his time. He moreover undoubtedly possessed a clear per- ception of the right application of its principles. His legal decisions, therefore, by the members of the bar, were almost invariably accepted as being sound. He consequently had their respeet. Nor was this all, for by the mingled dignity and affability with which he presided, and his agreeable pleasantry when out of court, he also secured their en- during friendship and esteem. In presenting a case to the jury, his language was clear and perspicuous, in which all particulars in the evi- dence, were carefully weighed and exhibited in consecutive order. He very carefully avoided everything adapted to excite their prejudices or their passions, but made his appeal directly to their good judgment and common sense, of which mental qualities few men than himself had a greater share.

Judge Oleott was in his whole character so conservative that it would have been well nigh impossible for him to have become a vio- lent political partisan. While in the Senate, his course was such as to gain him the reputation of being one of the soundest and most discreet of its members. The late David Holton whose mother was a sister of Mr. Oleott, who was twenty years of age, at the time of his election to the Senate, used often to rehearse the opinions he had heard expressed of him during his senatorial career. "One time he used to say I was standing on Brattle street, in Boston, listening to some intelligent gen- tlemen, who were earnestly discussing the condition of public affairs, when Mr. Olcott happened to pass. Affected by something in his ap- pearance, all paused till they might suppose him to be fairly beyond hearing, when one of them asked "Do any of you know that gentle- man ?" At which Mr. Holton ventured to inform them that he was Judge Olcott, from Charlestown, No. 4-the senator from New-Hamp- shire. "Is that Mr. Olcott ?" said the gentleman, who had asked the question, "I consider him one of the very best men in the nation."

Judge Oleott being nearly seventy years of age, at the expiration of his senatorial term, had no ambition to continue longer in publie life. His last years were therefore spent in attending to his necessary per- sonal concerns, and in those home associations, which were exceeding- ly congenial to his disposition, but of which attendance upon the du- ties of his publie life, had for long periods deprived him. Judge Ol-

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cott was elected a trustee of Dartmouth College in 1784, which posi- tion he resigned in 1793.

Judge Olcott had three children, the first of whom, who was named George, died in infancy. The 2nd was George Olcott, long known in Charlestown as one of her most trustworthy as well as most public- spirited citizens, of whom a separate account will be given. The 3d was Henry, who was born in 1787. He was carefully educated and became a midshipman in the United States Navy, and afterwards sec- ond Lieutenant in the United States Marine Corps, which last office he held till his death, which occurred at the navy yard, in Gosport, Vir- ginia, September 17th, 1821. He never married.

Mrs. Tryphena Olcott survived her husband nearly seventeen years, and died January 6th, 1832. With many friends to lament her loss, she was laid in the hillside cemetery, in Charlestown, where the re- mains of Judge Olcott also lie.

GEORGE OLCOTT, EsQ.

GEORGE OLCOTT, 2nd son of Hon. Simeon and Mrs. Tryphena (Ter- ry) Olcott, was born Nov. 22nd, 1785. His early education was care- fully conducted, the most assiduous attention being paid, on the part of his parents, not only to the dicipline of his intellect but to the forma- tion and cultivation of his habits and manners. He was fitted for enter- ing Yale College, a little before he was sixteen years of age, and grad- uated at that institution the autumn before he was twenty. On leaving College he commenced immediately the study of law, and was admitted to the practice of the profession in the usual time, in which practice he successfully continued till 1824, when, on the charter of the Connecticut River Bank, he was elected its first cashier, which office he continued to hold till his death, Feb. 4th, 1864.

The following resolutions have place here :

Connecticut River Bank, Charlestown, N. H.

At a meeting of the Board of Directors of the Connecticut River Bank, in Charlestown, N. H., held, at the Bank, on Wednesday Feb. 10th, 1864, the following preamble and resolutions were unanimously passed :

Whearas, It hath pleased Almighty God to remove by death our be- loved friend and cashier, George Olcott, Esq.,-and

Whearas, We, the representatives of the Stockholders of the Bank feel it our duty to express the high esteem in which he was held,- therefore

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Resolved, That we, the Directors, most deeply feel the loss of our faithful and respected cashier, who, for a period of forty years has sel- dom been absent from the duties of his office, and has discharged them with a degree of honesty and fidelity rarely equalled ;

Resolved, That his high sense of honor, his obliging and courteous manners, and his deportment as a gentleman and Christian have uni- formly won for him the affection of all who knew him ;

Resolved, That while we deeply lament our loss we rejoice that after a useful and happy life, prolonged beyond the period usually allotted to man, le desired to depart and be with Christ, which is far better. He has finished his course, and gone to reap the reward of the faithful, leaving a rich legacy to his sons in his unspotted life ;

Resolved That we offer to the widow and sons of the deceased our heartfelt sympathies in their bereavement, and that we affectionately ten- der to them those gracious consolations which rest alone on the promises of Christ :

Resolved, That these Resolutions be placed upon the Records of the Bank, and a copy of the same be transmitted, by the President, to the family of the deceased,

HOPE LATHROP, President.

ROBERT ELWELL, -

ANSEL GLOVER, ASHBEL HAMLIN, JONATHAN BAKER. JOHN M. GLIDDEN, EDMUND L. CUSHING, L

Directors.

Mr. Olcott had no ambition for public office, but always preferred, where duty would allow, to remain in a private station. He was still frequently honored by his fellow citizens, as the following record of the offices to which he was elected will show : He was chosen Moderator in the years 1842-43-44 ; Town Clerk in 1819-20-21-22 and 24; one of the Selectmen in 1819-20-21 and 22, and Town Treasurer from 1837 till the time of his decease, which was in all 26 years. Though frequent- ly urged he would never consent to become a candidate for the legisla- ture nor for any office that would take him away for any considerable time from his duties in connection with the bank. The first resolution of the Directors was, therefore, no empty and unmerited compliment to his memory, but was called for by his unceasing fidelity to the best in- terests of those whom they represented.

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History of Charlestown, New-Hampshire, the old No. 4, Part 49

Author: Saunderson, Henry Hamilton, 1810-1890 Publication date: 1876 Publisher: Claremont, N.H., The town Number of Pages: 798

Author: Saunderson, Henry Hamilton, 1810-1890
Publication date: 1876
Publisher: Claremont, N.H., The town
Number of Pages: 798