History of Hillsborough County, New Hampshire, Part 9

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1885
Publisher: Philadelphia : J.W. Lewis
Number of Pages: 1168


USA > New Hampshire > Hillsborough County > History of Hillsborough County, New Hampshire > Part 9


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Mr. Bartlett has four brothers-Joseph S., who re- sides in Claremont, and Solomon, John Z. and George H., who reside in Sunapee-and two sisters,-Mrs. Thomas P. Smith and Mrs. John Felch. His parents passed away at the advanced age of eighty-two years, in the enjoyment of an ample competency, the fruits of a long life of earnest and cheerful labor, and the practice of a stern, self-denying economy, a character- istic of the best type of our New England husbandry.


Mr. Bartlett's early life was mainly spent upon his father's farm, laboring through the summer season and attending school during the winter. He early de- veloped a decided taste for literary pursuits, and from childhood devoted a liberal share of his leisure mo- ments to the perusal of such books as were accessible to him. He also contributed liberally to the current literature of the day, and showed remarkable facility in both prose and poetic composition. He received his education at the academies at Washington and New London, after which he commenced the study of law in the office of Metcalf & Barton, at Newport. He studied subsequently with George & Foster, at Concord, and with Morrisson & Stanley, at Manches- ter, being admitted to the bar of Hillsborough County, from the office of the latter, in 1858. In that year he began the practice of his profession at Wentworth, N. H., and in 1863 removed to Manchester, where he has since resided. For some two years he was law- partner with the late Hon. James U. Parker, the partnership terminating with the retirement of the latter from active business. In June, 1867, he was appointed, by Judge Clark, clerk of the United States District Court for the New Hampshire district, since which time he has not actively practiced his profes- sion, but has devoted himself to the duties of his office, which became very onerous and responsible upon the passage of the Bankrupt Law, about the time of his appointment. The holding of this office under the government of the United States has disqualified him from accepting any office under the State gov- ernment. He was clerk of the New Hampshire Sen- ate from 1861 to 1865, Governor Smyth's private secre- tary in 1865 and 1866, treasurer of the State Reform School in 1866 and 1867. In the same year he was unanimously chosen city solicitor, but declined a re- election, owing to his appointment as clerk of the Dis- triet Court. In 1872 he was elected, as the nominec of the Republican party, mayor of the city, and served till February 18, 1873, when he resigned in accord-


ance with the policy of the national government at that time, which forbade United States officials from holding State or municipal offices. His cheerful co- operation with the administration in this matter, though at a sacrifice of a most conspicuous public position, was handsomely recognized by President Grant, through Attorney-General Williams. His last official act as mayor was to order the city treasurer to pay the amount due him for salary to the Firemen's Relief Association. Mr. Bartlett has been a trustee of the Merrimack River Savings-Bank from 1865 to the present time, and a trustee of the People's Sav- ings-Bank from its organization, in 1874. He is also a director in the Merchants' National Bank. He was the Master of Washington Lodge of Freemasons from April, 1872, to April, 1874, and now holds the position of United States commissioner, to which he was ap- pointed in 1872. The only positions of trust he has held since his appointment as clerk of the United States Court are as a member of the last Constitutional Convention and chairman of the commission ap- pointed by the Governor and Council to investigate the affairs of the New Hampshire Asylum for the In- sane.


Mr. Bartlett married, December 8, 1858, Miss Han- nah M. Eastman, of Croydon, N. H., by whom. he had one son, Charles Leslie, who died at the age of four years, and one daughter, Carrie Bell.


Clarke's "History of Manchester," from which the foregoing facts are gathered, closes its biographical sketch of Mr. Bartlett as follows: "Mr. Bartlett has a keen, well-balanced mind, whose faculties are always at his command. He thinks readily, but acts cautiously, and seldom makes a mistake. Hence he has been financially successful in almost everything he has un- dertaken. He is one of the most practical lawyers in the State, and was for several years in charge of the law department of the Mirror, giving general satis- faction, and his withdrawal, when his business com- pelled it, was a source of much regret to the readers of that paper."


In 1881 Dartmouth College conferred upon him the honorary degree of Master of Arts.


In 1882, Mr. Bartlett was elected to the New Hamp- shire State Senate, resigning his office as clerk of the United States District Court. At the assembling of the Legislature, on account of his eminent fitness, he was chosen president of the Senate, an office second in rank to that of Governor of the State.


JOSEPH B. CLARKE was born in Gilford, N. H., June 21, 1823. He graduated from Brown Univer- sity, 1848. He commenced the study of the law with the late Judge Asa Fowler, of Concord, and subsequently entered the office of S. C. Lyford. at Laconia, and was admitted to the bar in 1853. He commenced the practice of his profession, in Manchester, in 1855; was city solicitor in 1858 and 1859; representative in the Legislature in 1850; was mayor of the city in 1867; was appointed


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HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE.


county solicitor in 1561, and held the office ten years. He is identified with the banking and other leading interests of the city, and " has taken part in whatever might be prominent in society at any time, interest- ing himself in politics, military affairs, banking, rail- ways, etc., and his election to the mayoralty of the city testifies to the confidence with which he has been regarded as a publie man. Cautious, prudent and thoughtful, a hard worker and a true friend, he has m udle a good name in the city, and is favorably known throughout the State. He is a good citizen and was one of the foremost men and most liberal givers in the construction of the First Baptist Church."


HON. BENJAMIN FRANKLIN AYER,1 the son of Robert and Louisa (Sanborn) Ayer, was born at Kingston, April 22, 1825. He graduated at Dart- mouth College in 1846, and read law with George W. Morrison, Esq., and at Harvard University Law School. Went into practice in Manchester in July, 1849; was elected clerk of Common Council in the same year and again in 1850. He was a partner in the practice of the law with Samuel H. Ayer, Esq., from about 1850 until the decease of the latter, then continued in business alone until June 1, 1854, at which time he became the law-partner of Herman Foster, which partnership continued until April 10. 1857. He represented Manchester in the New Hampshire Legislature in 1853 and was attorney for Hillsborough County from 1853 to 1856. One year later he removed to Chicago, III. He succeeded Sam- uel H. Ayer, Esq., as solicitor for Hillsborough County and held the office several years. He has held the office of city solicitor in Chicago and is the present attorney of the Illinois Central Railroad.


HON. SAMUEL UPTON, who has spent most of his active life in the city of Manchester, in this State, has been long known as an earnest and aggressive worker in politics and a sincere advocate of the cause of temperance and of religion. His father, Daniel Up- ton, a descendant of John Upton, an Englishman of considerable means, who settled very early in what is now the town of Danvers, Mass., came to Wilmot, this State, in 1816, where he lived until his death, which occurred in 1856. He married, for his second wife, Asenath Teel, of Goffstown, N. H., in 1822, and had a large family of children. Of him it has been said that he possessed little of worldly wealth, but was rich in Christian faith and good works ; that he possessed sound intelligence and made his influence felt in moulding into form the crude elements which at best enter largely into the composition of all new settlements.


His eldest son by this marriage, Samuel, the subject of this sketch, was born September 12, 3824. The story of his early life differs little from that of many others who have, unaided by fortune, successfully struggled against hardships and privations. Cour-


ageously, however, he entered the contest, though his delicate health counted against his success. Exhaust- ing at an early age the resources of the public schools, at that time indifferent in quality, and limited in quantity, he sought, by such labor in the field and the workshop as his health would permit, to obtain means for further education in the academies of the State. In time he was enabled to attend one term at the New London Academy, and subse- quently completed a course at Kimball Union Acad- emy, Meriden, N. H., in the fall of 1849, defray- ing, by manual labor during vacations and by teach- ing winters, the entire expense of his course. He loved books, and the pleasure derived from their study was to him ample compensation for the many depri- vations through which their companionship was pur- chased. While pursuing his studies and subsequently he taught in the public schools,-one term in Danbury, N. H., three in Wilmot, two of which were in his own district, into which school he introduced modern methods of teaching, and raised its standard a marked degree, infusing an ambition and pride among the pupils which is still felt.


He also taught one term at Meriden immediately after his graduation and finished one term at Cornish Flatt, from which school the unruly boys had driven the former teacher; then taught four terms in Ash- land, Mass., five in Manchester, N. H., four of which were in connection with the High School as assistant or principal. He also taught in academies one term each at Ashby, Mass., Corinth, Vt., and Deering, N. H. As a teacher he was eminently successful, and though fond of the work, he was looking forward to the law as a profession. For this purpose he com- menced reading law in the office of Butterfield & Hamlin, Andover, N. H., in the spring of 1851; re- mained in that office one year, then completed his studies in the office of D. & D. J. Clark, in Manches- ter, N. H., in the fall of 1854. Upon admission to the bar he opened an office in that city, and soon was admitted to practice in the United States Circuit Court. In 1857 he was appointed justice of the Po- lice Court in Manchester, which office he held for seventeen years. During his occupancy of this posi- tion the powers of the court were extended, and his administration of the duties of justice received gen- eral commendation from all parties.


From his boyhood he was active in politics, and in his school-days showed an aptitude for political dis- cussion much in advance of his years. On the sla- very question he had but one opinion,-that if human slavery was not wrong, nothing was wrong, and he lost no opportunity to wage warfare upon that institution. He east his political fortunes with the Liberty party, and his first vote was probably counted as scattering. In the organization and success of the Republican party he took an active interest, and was prominent as a public speaker, making many canvasses of the State. He represented Manchester


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THE BENCH AND BAR.


in the State Legislature in 1855 and 1856, and in December, 1863, was appointed, by President Lincoln, commissioner of Board of Enrollment for the Second Congressional District, which position he held until the close of the war, in 1865. He was also appointed visitor to the West Point Academy in 1861, but owing to sickness in his family, was unable to attend the ' examination. He also served three years on the Public School Board in Manchester, taking an active interest in the schools, especially in the High School, the Lincoln Street Grammar School and the Training- School, the care of which was especially assigned to him as a sub-committee.


As a temperance worker he was connected with several organizations and delivered an address before the State Temperance Convention on "The History and Workings of the Prohibitory Law," which at- tracted much attention, and was published by the convention in pamphlet form for circulation. Early in life he united with the Congregational Church, and in some capacity has ever since been connected with its Sabbath-schools. For eight years he was superin- tendent of the Franklin Street Sabbath-School, in Manchester, to the interest of which he devoted much time and labor, and he now looks upon the time thus spent as the most pleasant and profitable of his life.


In 1875 he removed to Western Iowa, hoping the change might benefit the health of his wife, and free- ing himself from political work, be enabled to de- vote a few years to a more remunerative occupation. There he engaged in mercantile business with his brother-in-law, under the firm-name of Prescott & Upton, and the firm soon became well known in the business community for its enterprise and success. As individuals, they did much to build up the new town and to establish for it a good reputation. It was said to be the only town between Dubuque and Sioux City free from the curse of beer-saloons. To this new field of labor Mr. Upton carried with him not only his zeal for temperance, but also his love for Sabbath-school work, uniting with the school the first Sabbath after his arrival, and laboring as teacher of the class of adult scholars and as superintendent during his residence there. He also served as a mem- ber of the Public School Board, and on the incorpora- tion of the town, refusing to allow his name to be used for mayor, he served as one of the Council.


In 1883 he returned to New Hampshire, settling in Goffstown, opening a law-office there and in Man- chester, and also engaging in trade. He is at present superintendent of the Sabbath-school in the village where he resides, and a member of the Board of Edu- cation. In 1857 he married Jennie L. Merriman, one of the teachers in the High School at Manches- ter. Their only child died in infancy. Measured by results, Mr. Upton can look back upon a most suc- cessful life. Engaging in the liberty cause when to befriend the negro, even in New England, subjected one to vile taunts and social ostracism, he has seen


the cause he knew to be right spread until slavery is forever dead and a President, elected by its former supporters, escorted to the Capitol by a battalion of negro soldiers without exciting comment. Advocating a prohibitory liquor law when liquor was openly sold in every town in the State, he has lived to see the liquor traffic suppressed in all but one or two cities in the State, and the measures he advocated received almost the unanimous approval of both political parties. As a public speaker he possesses in a marked degree a capacity for marshaling facts and for pre- senting them to the public in a manner which both pleases and instructs. For his efforts in politics and the cause of temperance he has been both censured and praised, but no one has doubted for a moment the integrity of his purpose or the unselfish motives which have ever prompted him. He is yet in vigor- ous health, and likely to enjoy for many years the proud satisfaction of having been an active worker on the successful side in the two great struggles, one of which has relieved the country of human slavery, while the other has well-nigh driven from his native State the liquor saloons with their train of evils.


The present members of the Manchester bar are as follows :


John H. Andrews, Charles II. Bartlett, John P. Bartlett, Samuel N. Bell, John C. Bickford, Henry W. Blair, James F. Briggs, Albert O. Brown, Henry E. Burnham, Charles A. Carpenter, Bradbury P. C'illey, Benjamin F. Clark, Daniel Clark, David F. Clark, B. F. Clark, Henry S. Clark, Joseph B. Clark, Lewis W. Clark, Lucian B. Clough, Charles E. Cochran, David Cross, Josiah G. Dearborn, James E. Dodge, Joseph W. Fellows, John Foster, Christopher A. Gallagher, Michael J. Healy, Isaac L. Heath, Nathan P. Hunt, Henry H. Huse, Edwin F. Jones, Joseph L Boeuf, William Little, George A. Little, Frank C. Livingston, Samuel D. Lord, Thomas D. Luce, George I. McAllister, John T. Moore, Charles R. Morrison, George W. Morrison, Herbert F. Norris, Charles A. O'Connor, Dennis F. O'Connor, Alphens C. Osgood, Jesse B. Patten, William R. Patten, David L. Perkins, David P'. Perkins, George W. Prescott, Albion R. Simmons, Isaac W. Smith, James B. Straw, Cyrus A. Sulloway, Ar- thur D. Taggart, Elijah M. Topliff, Newton II. Wilson.


PERLEY DODGE was born in New Boston, N. Il., May 17, 1799. He is the son of William and Rachel (Poland) Dodge. His father was a farmer, and the boyhood of Mr. Dodge was spent on the farm until his sixteenth year. He then fitted for college, and finally graduated at Union College, Schenectady, N. Y., in the class of 1824. He chose the law as his profession, and studied with Titus Brown, of Frances- town, and Nehemiah Eastman, of Farrington, N. H. October, 1827, he was admitted to the bar, and began practice with his former instructor, Titus Brown, at Francestown and New Boston. This copartnership was continued until 1832, in March of which year Mr. Dodge removed to Amherst, N. H., where he now re- sides at the advanced age of eighty-six years. He continued the practice of law at Amherst until 1839, when, in October of that year, he was appointed clerk of the courts of Hillsborough County, the multiform duties of which position he faithfully discharged until March, 1857. He then returned to the practice of his profession, which he has continued to the present


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HISTORY OF HILLSBOROUGH COUNTY, NEW HAMPSHIRE.


time, though for the past few years he has practically retired from the active duties of the profession. Mr. Dodge has been a wise and safe counselor and a suc- cessful practitioner, and is regarded as one of the old- est and most honored members of the New Hampshire bar.


In 1837 he was elected as representative from Am- herst to the General Court, and again in 1853 and 1854 he was re-elected to the same position. Was chairman of the committee on banks in 1853, and of railroads in 1854.


It may be stated, as a remarkable fact, that Mr. Dodge has attended every court of record in Hills- borough County since his admission to the bar, and during all the years he was clerk of the court, he took every verdict from the jury except one (and that omission was occasioned by his illness). Mr. Dodge is a calm, dignified, plain-spoken man, of clear judg- ment and comprehensive intelligence ; conservative in his views, yet in hearty sympathy with whatever in his judgment tends to the elevation of the mental or moral tone of the community in which he lives, or of mankind in general. In politics he has always been a Democrat.


He married, May 31, 1831, Harriet, daughter of Hon. Peter Woodbury, of Francestown, and sister of the Hon. Levi Woodbury. Their children were,-


Perley Woodbury, born March 28, 1839, married Sophia E. Phelps, August 13, 1863, and resides in Amherst. They have one child, Charles Perley, born September 3, 1864, now a tudent at Sherburn Falls, Mass.


Charles William, born September 4, 1842, married, first, Rebecca C. Christy, of New Boston, September 4. 1869. She died January 2, 1873. He married, second, Lelia J. Small, March 11, 1878. She died April 4, 1885, in Amherst. They have one child liv- ing. Martha Belle, born July 10, 1882. Maurice Whipple, born July 31, 1881, died June 25, 1883.


Martha W., born June 25, 1846, married James B. Whipple, of New Boston, June 25, 1877, and died July 21.1881.


HON. AARON FLINT SAWYER was born April 24, 1780, nt Westminster, Mass. He was educated at Dartmouth, from which college he was graduated in 1404. He practiced law for many years at Mont Vernon, N. H., and removed to Nashua about 1828, and there followed his profession until his death, Jan- uary 1, 1847. An able lawyer, he was longa conspic- vous man in the community, and represented Nashua in the Lower House of the State Legislature in 1847. the year of his death. He was a gentleman of the old school, with some not unpleasant cecentricities arising from the strong positiveness of his nature; a kind- hearted and cheerful individual, he was a good citizen, an excellent neighbor and a strong friend. He was an eminent Christian, and for years a zealous worker and teacher in the Congregational Sabbath-school. Ile married, August 20, 1511. Hannah Locke, grand-


daughter of Rev. Samuel Locke, D.D., president of Harvard College from 1770 to 1773. Of their children, two have attained eminence in the legal profession ; the oldest, Samuel L., now of Independence, Mo., has been for a long time a leading member of the bar of that State and a circuit judge for many years. He has also been a member of Congress. Aaron W., his third child, occupied an equally honorable and dis- tinguished place at the New Hampshire bar.


HON. AARON WORCESTER SAWYER1 was born in Mont Vernon, Hillsborough County, N. H., October 11, 1818, and died in Nashua, N. H., August 23, 1882. He was the son of Hon. Aaron F. and Hannah (Loeke) Sawyer. His father was a man of liberal education, a lawyer by profession, a gentleman of the old school, a man of warm and generous impulses, a devoted and active Christian. His mother was Hannah Locke, a granddaughter of Rev. Samuel Locke, D.D., the president of Harvard College from 1770 to 1773. Mrs. Sawyer was a woman of strong and marked character, of much refinement and excellent judgment, and the moral and intellectual qualities of Judge Sawyer bore the strong impress of his mother's character and training. The first few years of Judge Sawyer's life were passed in Mont Vernon, from which place his father removed, about 1828, to Nashua. He was educated at the public schools of Nashua, and the academies of Hancock, Derry and Nashua. During the years which he devoted to the study of the law, and, in fact, before he entered upon its study, com- meneing at an early age, he taught the winter terms of the district schools in neighboring towns. This was an occupation in which he took great enjoyment and in which, pursued for eight or ten years, he acquired an exceptional and deserved popularity. In this pur- suit he exhibited a diligence, patience and thorough- ness which marked the character of the man, while he drew to himself the friendship of his pupils and their patrons with a strength and warmth which remained through life.


He was admitted to the bar in 1844, and in 1846 began the practice of the law in Nashua. From that time until 1872 his professional career was continuous, uninterrupted and successful. Commencing with a love of business and fondness for legal lore, his practice was marked by a wonderful patience of research in its profound depths, an unflinching courage in the ad- vancement and presentation of his views, and an un- swerving fidelity to his client and his cause. He was no machine lawyer, ready at all times to try, but indifferent to results; nor did he prostitute his profes- sion to speculative purposes, unprofessional in char- acter. His presentation to court and jury was earnest, vigorous, persuasive and convincing, and, on occasions, eloquent. The natural tendency of his mind was at once mathematical and logical. His memory was


1 Chiefly condensed from a memorial address by General Aaron F. Stevens before Hillsborough County har.


A. M. Sawyer


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THE BENCH AND BAR.


fresh and retentive, his knowledge of human nature accurate and profound, and in his appreciation of the individual man, he was seldom, if ever, deceived. Those who have been associated with or opposed to him will agree that when putting forth his whole strength,-bringing all his resources to bear upon the contention of the hour,-his power was wonderful, and his success almost certain.


In 1848, Mr. Sawyer formed a copartnership with Hon. Charles G. Atherton, one of the most eminent men of New Hampshire, a connection which continued till the death of the latter, in November, 1853. From that time he pursued the practice of his profession alone until April, 1858, when he formed a professional connection with General Aaron F. Stevens, which continued for more than a quarter of a century.


Mr. Sawyer was a positive man, with fixed and distinct ideas and opinions. He had, withal, a spirit of independence, which led him sometimes to grow impatient of the restraints of organizations and the behests of party discipline; but in his loyalty of con- viction of what was demanded for the welfare of his country he was never known to fail. He was a warm and ardent patriot, and met with alacrity the call of the Governor for financial aid, when the first warlike note of the Rebellion fell upon the ear of New Hamp- shire. Eminently fitted as he was for public station, the allurements of ambition never drew him from the more congenial comforts and joys of home or the ardent pursuit of professional duty and success. A small measure of public fame satisfied a mind well fitted to correct the vagaries of politics, and to test the genu- ineness and value of human pretension.




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