USA > New Hampshire > Strafford County > History of Rockingham and Strafford counties, New Hampshire : with biographical sketches of many of its pioneers and prominent men > Part 7
USA > New Hampshire > Rockingham County > History of Rockingham and Strafford counties, New Hampshire : with biographical sketches of many of its pioneers and prominent men > Part 7
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1 The biographical sketches in this chapter (excepting that of himself and those of most of the lawyers of Portsmouth) are by Governor Charles Il. Bell. Those of the Portsmouth lawyers (Daniel Webster and William M. Richardson excepted) are by Col. William H. Hackett.
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BENCH AND BAR.
of interest ; and hence the best and surest security that even the press, the school, or the pulpit can find for the peaceful performance of its highest functions is when protected by and intrenched behind the bul- warks of law, administered by a pure, independent, and uncorrupted judiciary.
The Rockingham County bar has from its begin- | May 14, 1702 (O. S.). He taught school in Chelsea ning numbered among its members able jurists, tal- ented advocates, and safe connselors. Here many have lived, flourished, and died, while others still are upon the stage of action who have been promi- nent in the advancement of the interests of the connty and figured conspicuously in the councils of the State.
PORTSMOUTHI,
for so many years the important town of the State, and noted for the extent of its commerce, wealth, and political importance, naturally maintained an able and influential bar, whose members had a large prac- tice, and some of whom were known throughout the conntry from their political as well as their legal celebrity.
MATTHEW LIVERMORE (son of Samuel) was born in Watertown, Mass., Jan. 14, 1703; graduated at Harvard College, 1722, and went to Portsmonth to keep school and study law. He was admitted to the bar in 1731, at which time there was no regularly educated lawyer in Portsmouth. He practiced ex- tensively in Maine and New Hampshire. He was attorney-general of the province and king's advocate in the Admiralty Court. He was afterwards judge of the Superior Court of New Hampshire, and died Aug. 11, 1762.
WILLIAM PARKER was born in Portsmouth, Dec. 9, 1703, and, after being for a while at school, was apprenticed by his father to a tanner, but on attain- ing his majority became master of one of the public schools. He then studied law, and was admitted to the bar in 1732. He was clerk to the commissioners selected to settle the boundary line between New Hampshire and Massachusetts ; was register of pro- bate, surrogate, and judge of admiralty. He was a representative in the Assembly for several years from 1765 to 1774. In August, 1771, he was appointed justice of the Supreme Court, and held this office until the Revolutionary war. He was not only a well-read lawyer, but an excellent scholar. He died April 21, 1781.
WYSEMAN CLAGGETT was born in Bristol, Eng- land, in 1721, and came to Portsmouth to serve as the king's attorney-general in 1758. He married in Portsmouth, 1759, Miss Warner, and died at Litch- field in 1784. As king's attorney he was faithful in the discharge of his "duties," but when the "Stamp Act" was promulgated he was one of the earliest to remonstrate. His father was Wyseman Claggett, a barrister at-law in Bristol. Mr. Claggett was re- nowned as a classical scholar. In Alden's " Collec- tions" there is a copy of an inscription on an elegant
marble baptismal vase in Portsmonth, which is said to have been written by Mr. Claggett. In the war of the Revolution he took sides with the people at the risk of very much of his property, then within the power of the British government.
SAMUEL LIVERMORE was born in Waltham, Mass.,
in 1750-51, and during the latter year entered Nassan' Hall College, N. J., graduating in September, 1752. After teaching for a while he studied law with Judge Trowbridge, and was admitted to the bar in June, 1756. Commencing practice at Waltham, he removed to Portsmouth in 1757; thence, in 1764, he removed to Londonderry, which town he represented in the Legis- lature in 1768. He was commissioned attorney-gen- eral in 1769, then again living at Portsmonth. In 1775 he removed to Holderness. In 1776 he was again made attorney-general. In 1779 he was a dele- gate to the Continental Congress, and also in 1781. June 21, 1782, he was appointed chief justice of the Supreme Court. In 1790 he resigned his judgeship. In 1789 he was representative to Congress. In 1793 he was chosen United States senator, and again in 1798. He resigned the latter office in 1801. He died May, 1803, aged seventy-one.
JOHN SAMUEL SHERBURNE, the son of John and Elizabeth (Moffat) Sherburne, was born in Ports- mouth in 1757, and died in that town Aug. 2, 1830, aged seventy-three. After reading law he began practice in Portsmouth. He was a representative in Congress from 1793 to 1797 ; attorney for the United States for the district of New Hampshire from 1801 to 1804; judge of the District Conrt of the United States from May, 1804, to the date of his death. In the war of the Revolution he served with distinction, and lost a leg in battle. He married Submit, dangh- ter of llon. George Boyd, in October, 1791.
JOHN PICKERING was born in Newington in 1738; graduated at Harvard College in 1761; was chosen United States senator in 1789. In Angust of 1789 he was appointed justice of the Supreme Court, and chief justice in July following, serving until 1795. Was then appointed judge of the United States Dis- trict Court, and served till 1804. He was noted for his strength of character, learning, and personal ex- cellence. He died April 11, 1805.
CHARLES STORY was appointed judge of the Court of Admiralty for New Hampshire in the fall of 1696. He sailed from England for Portsmonth late in the same season, and reached that town in January, 1797. ' On the 19th of January he presented his commission to the President and Council, and it was read, ap- proved, and recorded. In 1699 he was appointed register of probate, continuing in office till his death. His last record bears date Dee. 11, 1774. In 1712 he was attorney-general of the province, and was en- gaged in many prominent suits. Hlis residence was at New Castle.
JONATHAN MITCHELL SEWALL was born in Salem,
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HISTORY OF ROCKINGHAM COUNTY, NEW HAMPSHIRE.
Mass., in 1748, and read law with Judge John Pick- ering in Portsmouth. He began practice at Haverhill, N. H., and was register of probate for Grafton County in 1773. Previous to 1787 he removed to Portsmouth, where he was register of the Court of Admiralty. He was admitted to the bar of the Circuit Court of the United States, Nov. 20, 1790, and held high rank as a counselor in the courts of the States. His poetic writings have to some extent survived him. He wrote an address presented to President Washington on his visit to Portsmouth, and an oration delivered July 4, 1788. He was the author of the oft-quoted lines,-
" No pent-up Utica contracts your powers, But the whole boundless continent is yours."
Mr. Sewall died March 28, 1808, aged sixty years.
DANIEL HUMPHREYS was the son of Rev. David IIumphreys, of Derby, Conn., and graduated at Yale College in 1757. He became a lawyer and a teacher of the Sandemauian doctrines. He came to Ports- month in 1774, and was United States district attorney from 1804 to 1828, and was a member of the conven- tion to frame a new Constitution in 1791-92. He was in considerable practice, and was a man of unblem- ished character.
JOSEPH BARTLETT was noted for his eccentricities and wit. He was born at Plymouth, Mass., June 10, 1762, and graduated at Harvard College in 1782 with a high rank in scholarship. He studied law first at Salem, Mass., then went to England. Returning, he was a captain of volunteers raised by Massachusetts to put down Shay's rebellion. After this he resumed his legal studies and was admitted to the bar. He prac- ticed at Woburn and Cambridge. In 1803 he removed to Saco, Me., where he had a good practice. After losing his influence and a large share of his business in Saco by the prosecution of a protracted libel suit, he for a while lived in Branch, and came to Portsmouth in 1810. He died in Berlin, Oct. 27, 1827. Ile pub- lished an edition of poems dedicated to John Quincy Adams, and while in Saco edited a paper called the Freeman's Friend. July 4, 1805, he delivered an oration at Biddeford. He was a fluent, and at times eloquent, speaker, abounded in wit, which was at ready command, but his habits of life and a lack of firmness of purpose prevented his attaining a position at the bar which he otherwise might have filled. He married Ann Witherell, of Kingston, Mass., but left no children.
EDWARD ST. LOE LIVERMORE was a son of Hon. Samuel Livermore, and born in Portsmouth in 1762. He studied law and practiced his profession in Ports- mouth, and was United States district attorney for the District of New Hampshire from 1789 to 1797. Mr. Livermore was a member of the convention chosen to revise the Constitution of the State of New Hamp- shire, which assembled at Concord on the 7th of Sep- tember, 1791. His father was president of the con- vention. He was justice of the Superior Court of
New Hampshire from 1797 to 1799, and subsequently removed to Massachusetts. He died September 22d, aged eighty years.
JEREMIAH MASON, one of the ablest members of the Rockingham County bar, was born at Lebanon, Conn., April 27, 1768. He was a descendant of John Mason, a captain in Oliver Cromwell's army; and who came from England in 1630, and settled at Dor- chester, Mass. After graduating at Yale College, Mr. Mason studied law in Connecticut, and was admitted to the bar in New Hampshire in 1791. He began prac- tice at Westmoreland, and removed thence to Walpole, from which place he removed to Portsmouth in 1797. He was appointed attorney-general in 1802, which office he resigned in three years. In June, 1813, he was chosen a senator of the United States, and served with distinction until his resignation in 1817. He also served in the Legislature of New Hampshire, and was president of the United States Branch Bank at Portsmouth. His law practice was extensive, and in his office were many students-at-law. Mr. Web- ster has said of Mr. Mason that " hi- great ability lay in the department of the common law. In his ad- dress to the court and jury he affected to despise all eloquence and certainly disdained all ornament, but his efforts, whether addressed to one tribunal or the other, were marked by a degree of clearness, direct- ness, and force not easy to be equaled." Ile was the most adroit and successful in the cross-examination of witnesses of any lawyer ever seen at the bar of the State.
In 1832, Mr. Mason removed to Boston, in which city he died Oct. 14. 1848. While a resident of Ports- mouth, Mr. Mason's practice extended throughout the State, and he was retained in the most important cases upon the dockets of the various counties of New Hampshire, and enjoyed a reputation as one of the leading lawyers of the country.
DANIEL WEBSTER, whose fame is world-wide, lived the carlier half of his life in New Hampshire. The son of a Revolutionary patriot Capt. Ebenezer Web- ster, and of New Hampshire descent for four genera- tions, he was born in Salisbury, Jan. 18, 1782. A feeble constitution pointed him out as fitter for education than for the sturdy labors of the farm, and with self- denial on the part of his parents, and struggle on his own part, he accomplished his wishes, and graduated at Dartmouth College in 1801 with honor. His legal studies he completed under the direction of Hon. T. W. Thompson, of Salisbury, and Hon. Christopher Gore, of Boston, where he was admitted an attorney in 1805. He took up his residence at once in Boscawen, and re- mained two years a close student of his profession and of general literature. In 1807 he made Portsmouth his place of abode, and lived there until 1816, when he removed to Boston. While a resident of New Hamp- shire he served two terms as representative in Con- gress.
Mr. Webster acquired a high reputation as a lawyer
Dans Webster
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BENCH AND BAR.
and a statesman (for he never was a politician) before he quitted his native State. When he went to Ports- mouth, at the age of only twenty-five years, he was a mature man, armed at every point for the battle of life. Mr. Mason, then in the prime of his unrivaled powers, describes his first encounter with Webster. He had heard of him as a formidable antagonist, and found on trial that he was not over-estimated. Young and inexperienced as he was, Webster entered the arena with Mason and Sullivan and Bartlett, and bore away his full share of the honors. And before he quitted his New Hampshire home his reputation as a lawyer and as an advocate of eloquence and power ranked with the very highest in the land.
Those who heard his addresses to the jury in his carly prime testify that none of his later great efforts surpassed them-if, indeed, they equaled them-as examples of earnest, impassioned forensic oratory. There was a youthful brilliancy and bloom about those earlier productions that is not found in the stately works of his maturer years.
In those days, when practitioners made reputations by special pleading and sharp practice, Mr. Webster relied little upon mere technicalities or adroit man- agement. He tried his causes upon their merits, and with his logical power and eloquent tongue made short work of trumped-up claims and dishonest de- fenses. Many traditions attest his commanding in- fluence over court and jury at this period of his career. Without being authentic in all particulars, they all concur in demonstrating that on no legal practitioner of his time was the popular confidence and admira- tion so universally bestowed as on Webster.
The events in the life of Mr. Webster from the time he re-entered Congress from Massachusetts are too familiar to require special repetition here. He con- tinued in public life, with the exception of very brief intervals, up to the time of his decease in 1852. He was a senator in Congress for seventeen years. He was twice Secretary of State, and died in possession of that office. Every public position that he held he adorned and dignified by eminent, patriotic services.
Now that nearly a generation has passed since Mr. Webster's death, his character is beginning to be es- timated more justly, and the value of the work he did for the country has been tested. We see that his sa- gacity and foresight were far beyond those of his time; that his apprehensions for the safety of the Union were well founded ; that his exhortations to his countrymen to stand by the flag were bonest, neces- sary, and vitalizing to the patriotism of the people.
The petty assaults that seemed temporarily to ob- scure his fame have had their brief day, and poster- ity will recognize the true grandeur of the man, and value at their just worth the great deeds of his life- time. As a statesman and a diplomatist, as a vindi- cator of the Constitution, as a lawyer and an orator, and, most of all, as a patriot, the country will be for- tunate if the future shall furnish his peer.
NATHANIEL A. HAVEN, JR., was born in Ports- mouth, N. II., Jan. 14, 1790, and was a son of lIon. Nathaniel A. Haven, and a grandson of Rev. Samuel Ilaven, D.D. He graduated at Harvard, and studied law in the office of that eminent jurist, Hon. Jere- miah Mason. He was admitted to the bar in 1811, and commenced practice in his native town. High as was Haven in his profession, he had not given to a single science a mind that could compass the circle of them. He had a decided taste for literature, and from 1821 to 1825 was connected editorially with the Portsmouth Journal. He also contributed articles for the North American Review. He was a member of the Legislature in 1823-24. He died June 3, 1826.
PEYTON RANDOLPHI FREEMAN was the son of Ilon. Jonathan Freeman, of Hanover, and born Nov. 14, 1775. He graduated at Dartmouth College in 1796, and began the practice of the law in Hanover in 1801. Previous to this he was principal of an academy at Amherst, N. H. He came to Portsmonth and established himself in practice in 1803. He was Deputy Secretary of State in 1816-17, clerk of the United States Courts from March, 1817, to May, 1820. Mr. Freeman's strong point was his familiarity with the law concerning real property. He was of the old school, and any departure by the courts from the ancient rules of law concerning real estate was a hor- ror to him. He was severely painstaking and careful in all business he undertook, such as the investigation of titles, drafting of wills, creating trusts, life estates, etc. Indeed, he was so much absorbed in following the intricate phases of cases and titles that his clients after experience in this direction were apt to prefer a man of more practical turn of mind. Hle was never married. He died March 27, 1868, in the ninety- third year of his age.
EDWARD CUTTS, son of Edward Cutts, was born in Kelley, Me., and was a descendant of Judge Edward Cutts. He graduated at Harvard College in 1801. He studied law with Jeremiah Mason, and after his admission to the bar began practice in Ports- mouth in 1807. At the May term, 1809, he was ad- mitted as an attorney and counselor of the Circuit Court of the United States, at the same time with Daniel Webster, and continued in large practice in the State and Federal courts until his death, Ang. 22, 1844, at the age of sixty years.
Mr. Cutts neither sought. nor attained political honors. He was a safe counselor, and devoted him- self exclusively to the practice of his profession. Ile was at one time president of the United States Branch Bank in Portsmouth, and afterwards a director in the Rockingham Bank. He married Mary Hurke Sheafe, daughter of Jacob Sheafe, a prominent merchant of Portsmouth, but left no children. Ilis widow is re- membered for her munificent legacy left to improve Richards Avenue, a fine street leading to the South Cemetery in Portsmouth.
WILLIAM CLAGGETT was the son of Hon. Clifton
22
HISTORY OF ROCKINGHAM COUNTY, NEW HAMPSHIRE.
Claggett, and grandson of Wyseman Claggett. He mouth Journal, and was an effective public speaker in political campaigns, but never devoted himself with much zeal to the practice of his profession. He died Aug. 6, 1856, aged fifty-six years, and unmarried. was born at Litchfield, April 8, 1790; graduated at Dartmouth College in 1808; was admitted to the har in Hillsborough County in 1811, and soon after began the practice of his profession in Portsmouth. He was representative in the State Legislature in 1814, and was several times re-elected to that office. He was clerk of the State Senate in 1820; senator from Dis- States, October term, 1817, and subsequently removed
trict No. 1 in 1825; clerk of the United States Cir- cuit and District Courts from 1820 to his resignation March 5, 1825; and naval officer of the port of Ports- mouth from 1830 to 1838. His first wife was Sarah F., daughter of George PInmer, who died in 1818. His second marriage was with Mary Thompson, daughter of Col. E. Thompson; she died in 1863.
Mr. Claggett at one time had a large practice in Portsmouth, but when he too often became his own client his business diminished and finally disappeared. In 1812 he gave a Fourth of July oration in Ports- mouth, Daniel Webster making one at the same time in another part of the town. He was for many years an ardent Democrat, and subsequently became a Free Soiler, and wrote extensively for the press in Ports- month and Concord after that party's formation. He died on the 28th of December, 1870, at Portsmouth, leaving one son, William C. Claggett, then a merchant in New York City.
ICHABOD BARTLETT was born in Salisbury. Hlc graduated at Dartmouth College in 1808, and studied law in the office of Moses Eastman in his native town. He practiced law after his admission to the bar at Salisbury and at Durham, and in 1818 removed to Portsmouth. The same year he was appointed solicitor for Rockingham County.
Ile was chosen clerk of the Senate for 1817 and 1818. He was a representative to the General Court from Portsmouth in 1820 and 182E (being Speaker of the House of Representatives for 1821), and also served as representative in the years 1830, 1838, 1851, and 1852. He was a delegate to the Constitutional Conven- tion in 1850, was representative in Congress in 1823, 1825, and 1827, and was for many years engaged in many of the most important lawsuits throughout the State. As a lawyer he had few equals ; in ready wit and keen satire he was unsurpassed, as public speaker, as an advocate of the bar, and a legislator he main- tained a prominent position for very many years. Hle died at Portsmouth, Oct. 17, 1853, aged seventy-seven, and was unmarried.
CHARLES W. CUTTER, son of Jacob Cutter, was born in Portsmouth, graduated at Harvard College in 1818, and studied law with Jeremiah Mason, and commenced practice in his native town. He was ad- mitted to the bar of the Circuit Court of the United States in October, 1825, and appointed clerk of the Circuit and District Courts March 13, 1826, positions he held for fifteen years. In 1841 he was appointed naval storekeeper, and afterwards was navy agent at Portsmouth. He for several years edited the Ports-
TIMOTHY FARRAR practiced law in Portsmouth from 1814 to 1822, and from 1834 to 1836. He was admitted to practice in the Circuit Court of the United to Exeter.
CHARLES B. GOODRICH. This eminent lawyer was born at Hanover, N. H., in 1812. He was graduated at Darmouth College, and after a course of study, it is believed, in his native town, he was admitted to the bar. Coming to Portsmouth in 1826, he continued in practice for ten years, winning high reputation in his profession. His talents found a wider field of action at Boston, whither he removed, and where he at once took rank as a leader. Till his death, in the summer of 1878, Mr. Goodrich had few equals at the Suffolk bar in all that constitutes a learned and skilled prac- titioner. His duties called him not infrequently to Washington, where he was regarded as one of the ablest members of the bar from New England. In 1853 he published "The Science of Government as Exhibited in the Institutions of the United States of America,"-a course of lectures delivered at the Lowell Institute in Boston. In private life Mr. Good- rich was genial and warm-hearted. Ile married, March 11, 1827, Miss Harriet N. Shattuck, of Ports- mouth, who survived him.
LEVI WOODBURY was the son of the Hon. Peter Woodbury, and born at Francistown, on the 22d of December, 1789. He was of the oldest Massachusetts stock, being descended from John Woodbury, who emigrated from Somersetshire in England in the year 1624, and was one of the original settlers of Beverly, Mass. Peter Woodbury removed from Beverly to Francistown in 1773. His son Levi entered Dart- mouth College in October, 1805. After his gradua- tion with honor in 1809, in September of that year he began the study of law at Litchfield, Conn., pur- suing it at Boston, Exeter, and Francistown, and in September, 1812, commenced practice in his native village. He soon attained a high rank at the bar, with an extensive business. His first public service was upon his election as clerk of the Senate of New Hampshire in June, 1816. In December of the same year he received the appointment of judge of the Supreme Court of the State, and in the discharge of the duties of this position were seen the inherent force of his abilities, aided hy his constant and never-ceasing habits of application.
In June, 1819, he married Elizabeth W. Clapp, of Portland, Me., and removing to Portsmouth soon after, except when absent on public duties resided in that city. In March, 1823, he was chosen Governor of New Hampshire, and re-elected in 1824.
In 1825 he was chosen one of the representatives from Portsmouth in the Legislature, and elected
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BENCH AND BAR.
Speaker upon the assembling of the House of Repre- sentatives. This was his first seat in any deliberative assembly; but his knowledge of parliamentary law, aided by his dignity and urbanity of manner, served to enable him to fill the office in a commendable manner.
At the same session he was elected a senator in the Congress of the United States. His senatorial term was completed in March, 1831, and in that month he was chosen State senator from his district, but before the Legislature assembled he was, in May, 1831, ap- pointed Secretary of the Navy, and resigned the sen- atorship June 4th of that year, and served till June 30, 1834, in the secretaryship.
In July, 1834, Governor Woodbury was appointed Secretary of the Treasury, and served until the elec- tion of Gen. Harrison to the presidency. He was again elected a senator in Congress for the term of six years, commencing March 4, 1841. He served until November, 1845. During that year President Polk had tendered Governor Woodbury the embassy to the Court of St. James, but the appointment, for domestic reasons, was declined.
Upon the death of Mr. Justice Story, Mr. Wood- bury was commissioned an associate justice of the Supreme Court of the United States, and after subse- quently entering upon the duties of this high office continued therein until his death, which occurred Sept. 4, 1851.
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