History of Merrimack and Belknap counties, New Hampshire, Part 7

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520

USA > New Hampshire > Merrimack County > History of Merrimack and Belknap counties, New Hampshire > Part 7
USA > New Hampshire > Belknap County > History of Merrimack and Belknap counties, New Hampshire > Part 7

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He was also a menber of the vigilance committee, the chief duties of which were to watch the " Black Horse Cavalry."

We had reached the period of civil war. Armies were gathering, and the principles he had enunciated in the national House of Representatives he was ready to defend in the field. Abraham Lincoln called for seventy-five thousand volunteers for three months, and Colonel Tappan was one of the first men to enlist in the State. The command of the First Regiment naturally went to him, and he was accordingly ap- pointed and commissioned by Governor Berry. The regiment was mustered into the service of the United States from the 1st to the 4th of May, 1861, and on the morning of the 25th left for the seat of war. The regiment received one continued ovation as it moved to the front. In New York City it was presented with a silk flag, by Judge Bowney, and its passage through the streets of the great metropolis on the day of the fun- eral of Colonel Ellsworth created a scene never to be forgotten. It was the first regiment that had entered the field fully equipped, with field and staff officers mounted, and with seventy-five horses and twenty- one baggage-waggons. It wheeled into line behind the funeral cortege and marched down Broadway. Baltimore was reached in the afternoon of May 27th. The men disembarked from the cars, and, with loaded muskets and fixed bayonets, marched to the tune of " Yankee Doodle " unmolested through the city that had shed Union blood. On reaching Washington, the regiment marched up Pennsylvania Avenue and on to Kalorama, where it went into camp. As soon as the column had passed the White House, President Lincoln sent for Colonel Tappan, and, complimenting him highly on the appearance of his men, said, taking him by the hand, "Colonel Tappan, your regiment looks more like war than anything I have seen." On the 10th of June the regiment was joined to a brigade commanded by Colonel Charles P. Stone, and marched to Rockville, Md. At this time the Confederate army was skirting the right bank of the Potomac, and at no time during the war was the national capital in greater peril.

On the 14th of June the regiment moved towards Poolesville, the object of this movement heing to guard the river against the enemy, who were in large

force at Leesburg, Va. On the 17th the enemy opened fire on a portion of the regiment with rifles and six- pound cannon, and while Colonel Tappan was mov- ing with the remaining portion of the regiment to the scene of action, he was ordered back to guard against an anticipated attack from another direction. He was placed in command at Poolesville, and established a line of pickets for a distance of fourteen miles, from his camp, at Poolesville, down to Concord Ferry, thence up the Potomac to the mouth of the Monocacy. On the 6th of July a detachment, under command of Col- onel Tappan, moved to Sandy Hook, the reserve to be sent there by rail on the 7th, and that night moved up the river on the Maryland side twelve miles, arriving at Sharpsburg at two o'clock in the morning, and at Williamsport, twelve miles farther, in the af- ternoon, where they forded the river and stood on the "sacred soil" of Virginia. Here they joined the brigade, which moved forward to Martinsburg, where they joined the command of General Patterson, who had his running fight with Johnston, called the battle of Falling Waters. July 14th the regiment, with the rest of the division, moved on towards Win- chester. The enemy fled at their approach. They reached Bunker Hill in the afternoon of the same day. The troops were anxious for battle, but instead of marching on Winchester, a retreat was ordered to Charlestown. On the day of the battle of Bull Run, the 21st, the division marched to Harper's Ferry and went into camp on Bolivar Heights. July 21st found the regiment again in camp at Sandy Hook, and August 2d, their term of enlistment having expired, they embarked on board the cars for New Hampshire, being mustered out of the service at Con- cord, the 12th of August, 1861.

The men of Colonel Tappan's regiment were a portion of the time wretchedly clad, and endured many hardships. Owing to the reputation the regi- ment had acquired since entering the field, it was placed as the leading regiment on the right of the army in its extended operations in Maryland and Virginia. Of Colonel Tappan, "New Hampshire in the Rebellion " says : "As a commander he was pa- triotic, brave and thoughtful of and kind to his offi- cers and men, and respected by all."

Colonel Tappan was appointed colonel of the Fourth Regiment upon the resignation of Colonel Whipple, but declined the appointment, feeling that it would be doing injustice to the brave ranking offi- cers of that regiment. He was, subsequently, unani- mously elected colonel of the Sixteenth Regiment by its soldiers ; but Colonel Tappan, as well as the Gov- ernor of the State, thought it advisable that the commission should go to another.

For the last twenty-five years Colonel Tappan has been engaged in the constant practice of the law. He has always maintained a large practice in his county, and in many noted trials in other parts of the State he has been engaged. In the celebrated Paul

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

R. George will case he was associated with the late Caleb Cushing at his particular request.

By a close application to the study of the law through a period of five years, Colonel Tappan was admitted to the bar, after a thorough examination hy such a lawyer as the late Judge Perley, with no com- mon knowledge in all its branches, and perhaps fitted, had he so inclined, to become what is popu- larly known as a technical lawyer. But rather than a strict adherence to the mere technicalities of the law, but taking a broader and more comprehensive view of what the law is and what the practice of it ought to be, it is more in accordance with his nature to rely on the merits of each individual case and the great law of reason and common sense as applicable to them.

In 1876, Colonel Tappan was appointed Attorney- General of the State by Governor Cheney, which position he now holds. The administration of his office, and the manner he has conducted the large number of State and capital cases that have fallen to him, has been characterized by ability and a faithful discharge of its varied and important duties.

As an advocate, he goes to his work with great as- surance, moulds his thought into shape with stalwart strength, is clear and convincing, and the conviction that he is sincere in the cause he presents is impressed upon those that hear him.

During the time that he has been thus actively en- gaged in his profession he has, in many heated polit- ical campaigns, for which the State is so much noted, taken the stump in behalf of the cause of the Repub- lican party, and what he deemed to be for the welfare of the whole country. In the great contest of 1868, in Warner, the home of his friend and the nominee of the Republican party, General Walter Harriman, he made a speech of four hours' duration, in reply to Richard Vaux, of Pennsylvania, who had spoken there the day before, and had taken the ground that in the reconstruction of the Southern States the ad- ministration had acted outside of the Constitution. Colonel Tappan, taking as his text the clause in the Constitution that the "United States shall guarantee to every State in this Union a republican form of government," proceeded with heavy blows to destroy the argument of the day before. The impression that this speech made upon the writer, as well as upon the minds of all that heard him, still remains, and it was the opinion, regardless of party, that the object of it was accomplished.

In the national campaign of 1872, Colonel Tappan joined the Liberal Republican movement, and sup- ported his life-long friend, Horace Greeley, for the Presidency. Between these two men the strongest ties of friendship existed. Colonel Tappan believed that, more than any other man, Horace Greeley was the framer and builder of the Republican party. He was in Washington, as a member of Congress, during the great contest for the Speakership of the House of

Representatives. Horace Greeley was there, and he regarded him as the master-spirit that directed the jarring and discordant elements, and, uniting them on General Banks, secured his election as Speaker. The war being over, and the people of the North and South being citizens of one common country, he be- lieved that the desired era of peace and reconciliation would be brought about by the election of Horace Greeley, and preferred that it should come under the leadership of such a Republican than under a reign of the Democratic party. He therefore supported Horace Greeley, and while this course subjected him to adverse comment and criticism no one doubted his sincerity or the motives by which he was actuated. Nor did it imply that he had renounced any of the principles of the Republican party, to which he had adhered from the day of its birth, and with which, in the course of events, he again found himself in full accord.

Colonel Tappan has been three times married. His first wife was Emeline M. Worth, of Sutton, by whom he had one son, Frank M. Tappan, Esq., who resides near his father, in Bradford. His second wife was Mary E. Jenkins, of Boston, and his present wife was Miss Imogene B. Atwood, of Lisbon, by whom he has à little daughter, Helen L. Tappan.

· Of Colonel, Tappan, as a man and a citizen, the writer concludes this sketch by quoting from a letter of a neighbor, as follows : " Mr. Tappan's kindness to the poor and afflicted, his fidelity as a friend, his sensitiveness of heart and his honor in his profes- sion are proverbial among his most intimate ac- quaintances."

JOHN HENRY ALBINI was born October 17, 1843, at West Randolph, Vermont. He is the son of John and Emily (White) Albin. At the High School in Concord, N. H., he prepared for college, and entered Dartmouth at the fall term of 1860, and graduating therefrom in 1864, he commenced the study of the law with the late Hon. Ira A. Eastman of Concord, who was a prominent lawyer and at one time one of the judges of the Supreme Judicial Court. He pur- sued his legal studies assiduously, without interrup- tion, until October, 1867, when he was admitted to the bar. In April, 1868, he became a partner of Judge Eastman. In December of the same year, Samuel B. Page, Esq., removed from Warren, N. H., and became a member of the firm. They did a large business and it was one of the leading firms in the State. It was dissolved in 1874, at which time Mr. Albin became associated with the writer of this sketch, and by rea- son of whose appointment as Attorney General of the State, the relation was for a short time dissolved, as under a statute the Attorney-General was disqualified from practice, except in cases wherein the State was a party. This statute being repealed, the association was renewed.

1 By Mason W. Tappan.

.А. Шый

BENCH AND BAR.

Mr. Albin formed a partnership with Nathaniel E. Martin, Esq., of Concord, under the title of Albin & Martin. This firm has an extensive legal business.

Mr. Albin was a member of the Legislature from Concord, in 1872-73. During his first term he served upon the Judiciary Committee, and in 1873 was chair- man of the Committee on Railroads.

In 1875 he took up his residence in Henniker, N. H., but continued his business in Concord. He was elected to represent the town in the Legislature of 1876, during which session he was a member of the Judiciary Committee, and of several important special committees he was made chairman.

Mr. Albin has given much time and attention to Odd-Fellowship, and takes great interest in the mys- tic brotherhood. He has held all of the official posi- tions in the Grand Lodge of the jurisdiction, and at its annual session in 1879 was elected Grand Master. In September, 1881, he represented the Grand Lodge in the Sovereign Grand Lodge at its session in Cin- cinnati, and in that at Baltimore in September, 1882. At the session held in Cincinnati, September, 1881, a committee was appointed to prepare a Degree of Uni- formed Patriarchs, which consisted of William H. Crocker of Chicago, Theodore B. Elliott of Milwaukee, John H. Albin, C. B. Colledge of Washington, D. C., and John Heeseman of Charleston, S. C. The labo- rious duty of preparing the work contemplated, fell to Mr. Albin, and was performed with great care; he reported a Degree which was accepted by the commit- tee and almost unanimously adopted by the Sovereign Grand Lodge, at its session in Baltimore in September 1882. This committee was continued in existence, with full power over the Degree until it was dis- charged by the grand body at its session held in Providence, in September, 1883. At the September session of 1884, at Minneapolis, Minn., Mr. Albin was made chairman of the Committee of the Patriarchal Branch of the Order, and at the same session a special committee was appointed for the purpose of making any revision that might be deemed necessary so far as that Degree was concerned, and also to report such legislation as might be necessary to carry it into full effect. That committee was composed of Mr. Albin, ex-Governor John C. Underwood of Covington, Ky., and Edward A. Stevens of Minneapolis, Minn., with instructions to report at the session of the Sovereign Grand Lodge, at Baltimore, September, 1885.

To those who know Mr. Albin it is not too much to say, that he is one of the most active, industrious and well-read lawyers in the State, and, notwithstanding his constantly increasing business, he keeps himself thoroughly read up in the latest legal decisions, and makes it a point to provide himself with the best and newest text-books in the profession. No case comes to his hands hut is first thoroughly investigated in all its legal aspects ; and in preparing and presenting his cases to the court, jury, or whatever tribunal are to hear the same, in fact, in the whole conduct of a trial,

he takes high rank at the New Hampshire bar. No pains are spared and no labor is shirked which he considers will in any way tend to advance the cause or the interests of his clients.

Although actively engaged in his profession, Mr. Albin takes great interest in agricultural pursuits, and upon his farm in Henniker he spends many days of pleasant recreation.

He was married, September 5, 1872, to Miss Georgie A. Modica, of Henniker. They have two children, Henry A., born February 5, 1875, and Edith G., born August 5, 1878.

WILLIAM LAWRENCE FOSTER is the only son of John and Sophia (Willard) Foster. His father was one of thirteen children of the Rev. Edmund and Phœbe (Lawrence) Foster.

Edmund, the grandfather of Judge Foster, was born at Groton, Mass., in 1754. He graduated at Yale College, studied for the ministry and became quite prominent as a preacher. He was settled over the church in Littleton, Mass., and continued to be its pastor until his death, in 1825, a period of more than forty years. He was at one time a member of the Massachusetts State Senate. In 1783 he married Phoebe Lawrence, of Littleton. She was the daughter of Colonel William Lawrence, of Littleton. Throngh his paternal grandmother Judge Foster traces his descent from Robert .Lawrence, of Lancashire, Eng- land, who was born about the year 1150. Attending his sovereign, Richard Cœur de Léon, in the war of the Crusades in the Holy Land, he so distinguished himself in the siege of Acre that he was knighted Sir Robert, of Ashton Hall.

The sixteenth in descent was John Lawrence, who came to America in 1635, and settled at Watertown, Mass.

The great-grandfather of Judge Foster was Abra- ham Foster, whose father came from England about the middle of the seventeenth century, and settled in Groton, Mass., where Abraham, Edmund and John Foster, the ninth child and third son of Edmund, was born. John Foster, in early life, removed to West- minster, Vt., where he married Sophia Willard, and where his only son, William Lawrence Foster, was born, June 1, 1823.

John Foster removed to Fitzwilliam, N. H., in 1825, and from thence to Keene, N. H., in 1834, where he died February 7, 1854. He was a captain in the old New Hampshire Militia, and was for many years high sheriff of the county of Cheshire. While resid- ing in Keene, John Foster was many years a trader, and his son assisted him in his store.

Judge Foster, when a boy, attended the common schools and afterwards studied in the Keene and Walpole Academies. When about seventeen years of age he commenced the study of the law in the office of Levi Chamberlain, Esq. In 1844 and 1845 he at- tended the Law School at Cambridge. In 1845 he was admitted to the bar in Keene, and for a short

HISTORY OF MERRIMACK COUNTY, NEW HAMPSHIRE.

time sustained a partnership with John N. Baxter, and afterward with Mr. Chamberlain. From 1845 to 1849 he was postmaster at Keene. From 1849 to 1853 he was clerk of the New Hampshire Senate. He was a member of Governor Dinsmore's staff, with the rank of colonel, by whom, in 1850, he was ap- pointed State reporter, holding that office till 1856. During his term of office he edited Vols. 17-19, 21- 31 inclusive, of the New Hampshire Reports.

In January, 1853, he married Harriet Morton, daughter of Hon, Hamilton E. Perkins, of Hopkinton, N. H., and in April of that year he removed from Keene to Concord, where he entered into partnership with Colonel John H. George. Hon. Charles P. San- born subsequently became a member of the firm, and upon Colonel George's retirement therefrom, in 1867, the partnership was continued by Messrs. Foster & Sanborn till October, 1869.

In 1854, Colonel Foster was appointed commis- sioner of the Circuit Court of the United States, which office he held until his election to the New Hamp- shire House of Representatives, in 1862. He was a member of the Legislature in 1862 and 1863. In 1863 he received from Dartmouth College the hon- orary degree of Master of Arts.

He was appointed a judge of the Supreme Judicial Court October 1, 1869, and held that office till October 1, 1874, when, upon the reorganization of the courts, he was appointed chief justice of the Circuit Court, with the late Judges Stanley and Rand as his asso- ciates. October 1, 1876, he was appointed a judge of the Supreme Court. He resigned that office July 1, 1881, and resumed the practice of the law. In 1884 he was reappointed an United States commissioner.

Judge Foster was very highly esteemed while a member of the court, and, as a lawyer, is noted for his legal attainments. He is a graceful writer and an eloquent orator, and has frequently been called upon to preside at public meetings and to deliver commem- orative addresses. His post-prandial speeches have been especially happy. He is a strong advocate before a jury.

JOHN HATCH GEORGE.1-The man who makes his way to the front rank at the bar and in politics, and holds his position without dispute for more than a quarter of a century, must be a person of ability, energy and sagacity. Especially is this true in New Hampshire, which, from the earliest period of our na- tional history, has produced some of the ablest law- yers and the keenest politicians known to the country. Such a man is Colonel John Hatch George, of Con- cord, whose name has long been a household word at every Democratic fireside in the State, and whose eminent legal position is recognized throughout New England.

He was born in Concord, where he has ever since resided, November 20, 1824. His parents were John

and Mary (Hatch) George, the former a prominent, respected and energetic citizen, who, though a native of Hopkinton, located in Concord in early manhood ; the latter, a daughter of Samuel Hatch, a leading citizen of the town of Greenland, among whose grand- children are included the Hon. Albert R. Hatch and John S. H. Frink, Esq., both also known as eminent lawyers and leading Democrats.

Gaining his preliminary education in the excellent public schools of his native town and in the old Con- cord Academy, Colonel George entered Dartmouth College in 1840, being then fifteen years of age, where he diligently pursued his studies for about three years, until the death of his father compelled his return home and the non-completion of his college course. The faculty subsequently conferred upon him his graduating degree, which was followed by that of Master of Arts. Among his classmates at Dartmouth were several who became prominent at the bar and in public life, including the late Hon. Harvey Jewell, and Hons. A. A. Ranney and Horatio G. Parker, of Boston, and ex-Governor Charles H. Bell.

If young George was unfortunate in the loss of his father, and in the failure to complete the college course consequent thereon, he was especially fortunate in being favored with the kindly regard of that brilliant son of New Hampshire, General Franklin Pierce, who, as a friend of the family, had become conversant with his qualities and characteristics, and readily dis- cerned the line of action best calculated for the de- velopment and successful exercise of his powers. Fortunate as he was, however, in the enjoyment of the friendship of General Pierce at this time, it may safely be assumed that he never would have been the recipient of such favor had he not given evidence of the possession of abilities above the common order. The really great lawyer has a lofty regard for his pro- fession, and will never be found influencing any one to enter upon its pursuit who is not likely to honor the profession and bring credit to himself. When, therefore, upon the invitation of General Pierce, young George entered upon the study of the law in the office of the former, -as he did soon after leaving college, and at the time when that distinguished man was in active practice,-it was under circumstances every way propitious to that ultimate success credit- able alike to each. During his three years of legal study under such tutelage, he made that rapid progress which characterizes the advance of the ambitious and enthusiastic young man, well equipped, mentally and physically, for the work in hand, thoroughly in love therewith, guided by wise counsel and inspired by brilliant example; and when, in 1846, he was ad- mitted to the bar, and entered upon the practice of his profession in his native city, it was with unusual thoroughness of preparation.

At the opening of his professional career, Colonel George was again particularly fortunate. General Charles H. Peaslee had loug ranked among the most

1 By H. H. Metcalf, in "Clarke's Successful New Hampshire Men."

BENCH AND BAR.

careful lawyers of the State, and had acquired an ex- tensive practice. He was a warm friend of General Pierce, professionally and politically, and, like him, an intimate friend of the George family. Entering largely into public life, its engrossing duties withdrew his attention more and more from professional en- gagements, rendering desirable a partnership alliance with some active and competent young man. Such alliance was offered to and promptly accepted by young George, who thus auspiciously commenced his professional career.

The limits of this sketch will not permit a detailed account of the progress and success of its subject ; but it may be stated, that from his entrance upon legal practice to the present time, all his energies and facul- ties have been heartily devoted to the labors and duties of his profession, in whose performance he has won a high measure of fame, as well as a fair amount of that substantial reward which the world largely regards as the prime object of human effort. His con- nection with General Peaslee continued about five years, and was followed by a professional alliance of a similar character with Sidney Webster, Esq., then a young lawyer of fine abilities and brilliant promise, who has since become distinguished in legal and dip- lomatic circles. This partnership continued till Mr. Webster left Concord to become private secretary to General Pierce, upon the accession of the latter to the Presidency, in 1853. Soon afterward, Colonel George formed partnership relations with Hon. William L. Foster, who subsequently became, and long remained, a judge of the Supreme Court of the State, and with them Hon. Charles P. Sanborn was also for a time associated.

Not only in behalf of an extensive private client- age have the professional services of Colonel George been employed, but for many years, also, in behalf of the public,-he having been appointed solicitor for Merrimack County in 1849, and re-appointed in 1854, discharging the duties of the office until 1856, when he was removed for partisan reasons, the Republican party signalizing its ascendency by a clean sweep of Democratic officials. From 1853 to 1858 he was United States attorney for the district of New Hamp- shire, appointed by President Pierce.

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History of Merrimack and Belknap counties, New Hampshire, Part 7

Author: Hurd, D. Hamilton (Duane Hamilton), ed Publication date: 1885 Publisher: Philadelphia [Pa.] J. W. Lewis & co. Number of Pages: 1520

Author: Hurd, D. Hamilton (Duane Hamilton), ed
Publication date: 1885
Publisher: Philadelphia [Pa.] J. W. Lewis & co.
Number of Pages: 1520