USA > New Hampshire > The bench and bar of New Hampshire : including biographical notices of deceased judges of the highest court, and lawyers of the province and state, and a list of names of those now living > Part 52
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It is a well-authenticated fact that Lorenzo Dow, the famous evangelist, predicted of Mr. Pierce, while he was a member of the Senate, that he would become a distinguished soldier, would live in the White House, and would die a preacher. Whether the prophecy had any influence in working out its own partial fulfill- ment is a problem. It may well be that the seer, who was a keen reader of character, discerned in the senator's constitution the germs of the soldier, the president, and even the preacher, for Mr. Pierce is said by nature to have had strong religious instincts. At all events, two of the three articles of the prediction may be said to have been sufficiently verified by his service as a general officer in the Mexican War, and by his occupancy of the office of President of the United States.
Of his later political life the stern logic of events has pro- nounced its sufficient condemnation. In the critical time when the question of the extension of slavery might have been nega- tived, his influence was cast in its favor. There is reason to believe, however, that his better instincts were sometimes over- ruled by bad counselors, with whom the "peculiar institution " outweighed all other considerations in the government of the country.
His friends loved best to remember him as he was in his prime, - " the elegant, genial, courtly " leader of the bar, eloquent, mag- netic, chivalrous, the admired of all admirers. To them his very failings seemed venial, as the weaknesses of a generous nature, and almost as if they " leaned to virtue's side."
In 1834 he was united in marriage to Jane M., daughter of
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Rev. Dr. Appleton, a former president of Bowdoin College. They had three sons, who all died in childhood.
LUCIUS D. PIERCE.
Son of Ezekiel P. and Susanna (Porter) Pierce ; born, Chesterfield, Au- gust 9, 1820 ; Norwich University, 1846 ; admitted, 1850 (?) ; practiced, Mar- low ; died, Winchendon, Massachusetts, May 8, 1858.
This gentleman accomplished his professional study in the office of William P. Wheeler of Keene, and was in practice in Marlow from 1850 to 1854. He then removed to Winchendon, Massachu- setts, and there finished the remaining four years of his earthly experience.
His wife was Lucy C., daughter of John H. Fuller of Keene.
AUSTIN FRANKLIN PIKE.
Son of Uriah and Mary (Page) Pike ; born, Hebron, October 16, 1819 ; admitted, 1845 ; practiced, Franklin ; died there, October 8, 1886.
By his own exertions Mr. Pike obtained the means to prepare himself at the academies in Plymouth, and in Newbury, Vermont, for entering college in the sophomore class, but the breaking down of his health forbade him to go further. When he reached the age of twenty-two, he began the study of the law with George W. Nesmith of Franklin, and in due time became his partner in practice. They did a very extensive business. Mr. Pike was of quick perceptions and sound judgment, of indomitable industry and pluck. He soon took the position of advocate. His methods were direct, logical, and forcible. He won respect for his honesty, his professional attainments, and his high standing. He had a genuine love for his calling. After Judge Nesmith went upon the bench, Mr. Pike formed other connections in practice, and never ceased to retain his close hold upon the law, as long as he lived, notwithstanding the numerous and continued calls of politi- cal office upon his time.
He was a representative of Franklin in the legislatures of 1850, 1851, and 1852, and again in 1865 and 1866, in both which later years he was Speaker. In 1857 and 1858 he was a state senator, and president of the Senate in 1858. He was a delegate to the earliest Republican National Convention, which nominated Fre-
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mont for the presidency. He served as a member of the Forty- third Congress of the United States, and in 1883 was chosen as a compromise candidate to the United States senatorship, for the term of six years. He lived through little more than half of the period.
Mr. Pike's disposition was amiable, and his bearing dignified and polite. His associates in the bar, and in Congress, had a sincere respect for him, so marked was his uprightness, so diligent his performance of his duties, and so courteous his manner. His clients and his constituents were alike satisfied with his consci- entious labors in their behalf. To the last moment of his life, in spite of weakness and suffering, he neglected no professional or official obligation, but performed the functions of his high station at the bar and in the Senate, faithfully and worthily.
He was united in marriage, in 1850, to Caroline, daughter of Thomas R. White of Franklin, and left a son and two daughters, one the wife of Frank N. Parsons, Esq., of Franklin.
DAVID PILLSBURY.
Son of Benjamin and Sally (Eaton) Pillsbury ; born, Raymond, February 17, 1802 ; Dartmouth College, 1827 ; admitted, 1830 ; practiced, Chester and Concord ; died, Concord, May 25, 1862.
Mr. Pillsbury received most of his preparation for college in the academy at Pembroke, under the charge of John Vose, whose assistant he became in 1821. He also taught schools in various places before he entered college, beginning when he was only fourteen years old. He studied law with Henry Hubbard of Charlestown, and with Samuel D. Bell of Chester, and in the lat- ter place opened his office in 1830. In 1854 he removed to Con- cord.
From Chester he was a representative in the legislature in 1842 and 1844; in Concord he received the appointment of Jus- tice of the Police Court in 1857, and retained it until his decease.
While a resident in Chester he was concerned in military affairs, beginning as adjutant, and rising through the succes- sive grades to the command of a major-general in the militia.
General Pillsbury was a careful, formal lawyer, and well-read in the books, but his lack of judgment and of acquaintance with human nature were drawbacks to his success. Going to court
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with a case apparently perfect on paper, his depositions shaped to meet the very language of decided causes, he would be tripped up by some suddenly raised question, or find himself confronted by one of his own deponents in person, whose appearance would render his cunningly drawn depositions a complete boomerang. His military exploits, though bloodless, were sometimes annoying. The "sham fight " of one muster day left him despoiled of his plumage, and the young bloods who served on his staff were sus- pected of awakening an artificial liveliness in his ordinarily sedate charger, which at the first artillery fire landed him, minus wig and chapeau, ingloriously in the dust.
As a police judge he was competent and respectable.
He died a bachelor.
DANIEL CHESLEY PINKHAM.
Son of Daniel and Esther (Chesley) Pinkham ; born, Jackson, March 29, 1820 ; Dartmouth College, 1843 ; practiced, Lancaster ; died there, October 31, 1889.
Mr. Pinkham's experience was a diversified one. He was fitted for college at the academy in Lancaster, and after his graduation was the principal of academies in Conway and Lancaster, and an instructor in Beloit, Wisconsin, for two years. Meantime he was preparing himself for the legal profession, under the direction of Jared W. Williams in Lancaster, and afterwards in Wisconsin, where he was admitted, and practiced at Jefferson in 1847, and was clerk of the Circuit Court there in 1848 and 1849. In the latter year he was one of the great colony of emigrants to Califor- nia. There he was a civil engineer and surveyor of El Dorado County from 1851 to 1853. He then returned to Lancaster, and was appointed clerk of the courts in 1856, retaining the office the twelve succeeding years. In addition to his practice as a lawyer in Lancaster, he edited the " Coos Republican " a year, and was for some time concerned in mercantile business. For several years he held the appointment of superintending school committee of the town. Mr. Pinkham evidently gained popularity and good- will wherever he became known, but it may be easily inferred from his various employments that he was not an enthusiast in his profession.
He married, June 20, 1864, Emily M., daughter of William R. Stockwell of Lancaster, and left a son and two daughters.
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JOHN PITMAN, LL. D.
Son of Rev. John and Rebecca (Cox) Pitman ; born, Providence, Rhode Island, February 23, 1785 ; Brown University, 1799 ; practiced, Portsmouth ; died, Providence, Rhode Island, November 17, 1864.
Mr. Pitman was the son of a Baptist minister, settled in Rhode Island. He prepared for college under the tuition of Rev. Wil- liam Williams, at Wrentham, Massachusetts ; studied law with David Howell of Providence, Rhode Island ; was admitted an attorney, and after passing some years in Rhode Island, New York, and Massachusetts, came, in 1816, to Portsmouth. His stay there was short, for he went away in 1820. He was chosen a representative to the legislature in 1819. A question of deep importance to the people of the State came up for action, upon the passage of what is known as the "Toleration Act," which exonerated persons from taxation, against their consent, for the support of religious worship. Mr. Pitman was so unlucky as to cast his vote on the unpopular side, while his colleague, Ichabod Bartlett, being more familiar with the feelings and grievances of the people, supported the bill, and met with the approval of his constituents. It was said that Mr. Pitman was so mortified at the disapprobation of his course by the voters of Portsmouth, that he was led to give up his residence there.
He returned to Providence in 1820, and entered upon a success- ful and distinguished career. In 1821 he was commissioned United States attorney for the district of Rhode Island, and in 1824 Judge of the United States Court for the same district, which office he held until his death. Daniel Webster wrote of him that he was " a learned lawyer, an able judge, and an excellent man."
He held many positions of trust in Rhode Island, and delivered several able addresses on important public occasions. His alma mater made him a Doctor of Laws in 1842.
In October, 1812, he was married to Mary, daughter of Benja- min Talbot of Providence. Of their nine children, six were living at the time of his death.
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WILLIAM PLUMER.
Son of Samuel and Mary (Dole) Plumer ; born, Newbury, Massachusetts, June 25, 1759 ; admitted, 1787 ; practiced, Epping ; died there, December 23, 1850.
The father of Mr. Plumer removed with his family to Epping in 1768, and it was there that the son educated . himself. He was of an inquiring mind, and a great reader. At the age of twenty he became a convert of the Rev. Samuel Shepherd, an early minister of the Baptist persuasion, and soon after became a preacher himself, and made a tour of a large part of the State, holding daily meetings, and delivering religious exhortations to the people. In about a year, however, his zeal relaxed, and upon reconsideration of the subject, his convictions were modified to what seemed to him to be " the religion of reason and nature."
He then began the study of the law with Joshua Atherton of Amherst, but Coke on Littleton repelled him, and the suggested necessity of learning Latin sent him elsewhere. John Prentice of Londonderry made his path easier by putting Blackstone into his hands, and by giving him the opportunity to see and do some practice.
Two years before he was admitted to the bar, he was sent as representative of Epping to the legislature. He sat in the House eight years in all, and in 1791 and 1797 was chosen Speaker. In 1791 he was a delegate to the convention to revise the state con- stitution. He was neither an uninterested nor a silent member of these bodies, but impressed the people with his ability to such purpose that, in 1802, upon the resignation of James Sheafe, he was chosen by the legislature to succeed him in the Senate of the United States, till 1807. He there supported the measures of the Federalist party in general, and formed a lasting friendship with John Quincy Adams.
Though he afterwards changed his political affiliation, and became a Republican, or Democrat, and of course made himself obnoxious to his former political associates, yet in 1810 and 1811 he was chosen a state senator, and was made president of the Senate both years. In 1812 he was elected governor of the State, and again in 1816, 1817, and 1818, after which he declined a reelection. His last political service was in 1820, when he was
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a presidential elector, and cast the only electoral vote in the Union against James Monroe. It was understood, at the time, that he took this course from respect to the memory of Washing- ton, in order that no other presidential candidate should receive the like honor of a unanimous election.1
After this, Governor Plumer retired from active employment.
In the pursuit of the law, which was his absorbing occupation up to the age of fifty, he was strenuous, untiring, and successful. Writ-making was then abundant, and Mr. Plumer is believed to have entered three or four hundred actions in court each year. Technical learning was not so much in request. To try causes successfully before the jury was the aspiring lawyer's great am- bition. He must be aggressive, ready, fluent. An acquaintance with human nature was better than a knowledge of the scintilla juris. Mr. Plumer knew men, he was shrewd and sagacious, and in argument clear and cogent. He tested the mettle of the ablest jurists in southern New Hampshire, and felt himself in no way their inferior. In his prime he is said to have been engaged in more trials in Rockingham and Strafford counties than any other counsel.
His independence was visible in his legal practice, as in the per- formance of the duties of his political positions. He meant to be no man's man. A person of such decided character must needs have enemies, especially when, like Mr. Plumer, he was known to have changed his views on political and other subjects somewhat radically. But it is evident that he had warm friends, as well. His diary shows that he strove, however, in performing his public functions, not to yield too much to the calls of party. He ex- pected opposition, and did not allow it to disturb him. When he was about quitting the chair of the state Senate, his friends pre- pared the customary complimentary resolution, which they desired to have adopted unanimously. It attributed to the presiding officer, among other desirable qualities, "integrity." One of the opposition senators, a hard-headed Scotch-Irishman, when shown the resolution, objected to the term. " Just strike out that little word integrity," said he, "and I'll vote for the resolve ; other-
1 A different motive for this vote is set forth in Plumer's Life of Plumer ; but Judge George Y. Sawyer, who remembered the occurrence well, states that he never heard any other motive suggested than that mentioned in the text, and was convinced that it was the true one.
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wise, not." Mr. Plumer was consulted. "Oh, strike it out !" he said, " nobody will ever know the difference."
It is evident that Mr. Plumer was a leader of his time, in his profession, in political affairs, and in freedom of opinion. He has been said to be "a good hater," and doubtless his judgments of men were often colored by party or personal feeling. This may be seen by his manuscript sketches of some of his contemporaries. But it is only charitable to believe that his prejudices were in- voluntary.
He had a strong partiality for literary and historical work. After his service in the national Senate, he set systematically about the task of writing a history of the United States, which, however, was never completed. For several years in his later life he wrote and published in the newspapers essays under the signa- ture of "Cincinnatus," on subjects of every-day, practical interest and importance. They were intended for the instruction of the public, and were widely read.
He was one of the founders and the first president of the state Historical Society, and contributed to its earlier publications. The materials he had collected for a history of the United States he afterwards made available in part for another work, which he projected and partially accomplished, being sketches of distin- guished Americans, of all times. For this purpose he occupied much of his time for many years in procuring the needed data, from printed publications, from private sources, and from corre- spondence. He prepared manuscript sketches sufficient to make in print seven or eight octavo volumes.1 His biographies indicate great diligence, extensive historical knowledge, and a disposition to treat all men fairly, so far as in him lay. The collection is a mine of useful facts, which will richly reward examination.
When Mr. Plumer was ninety years old he was invited to attend the festival of the " Sons of New Hampshire " in Boston. He felt compelled to decline the invitation by reason of the in- firmities of age. Daniel Webster, the presiding officer on the occasion, proposed the health of Governor Plumer, "the oldest living member of the Congress of the United States," and pre- faced it with the following tribute : " Governor Plumer is a man of learning and of talent. He has performed important service in
1 The manuscripts are now in the possession of the New Hampshire Histor- ical Society.
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the Congress of the United States. He has been many years governor of the State of New Hampshire. He has lived a life of study and attainment, and, I suppose, is, among the men now living, one of the best informed in the matters pertaining to the history of his country."
He married Sally, daughter of Philip Fowler of Newmarket, February 12, 1788. They lived together sixty-three years, and had several children, of whom the eldest son adopted the legal profession.
WILLIAM PLUMER, JR.
Son of Hon. William and Sally (Fowler) Plumer ; born, Epping, February 9, 1789 ; Harvard College, 1809; admitted, 1812 ; practiced, Epping ; died there, September 18, 1854.
The life of Mr. Plumer was more that of a scholar and states- man than of a lawyer. He was a student at the Phillips Exeter Academy, and completed his law study under his father's direc- tion. He was nominally a practitioner in Epping for the four years after his admission, but really gave more of his time to political and historical investigation. From 1816 to 1818 he was in Portsmouth, holding a temporary United States appointment. In 1818 he was a representative from Epping in the state legisla- ture, and the next spring was elected to Congress. There he was continued for six years, a prominent member, and held the impor- tant post of chairman of the committee on the Judiciary. In 1827 and 1828 he was a member of the state Senate, but declined a further election. Repeated offers of professional preferment that were made him met with refusal.
He devoted his attention chiefly to study, and to literary com- position, though he maintained through life his interest in public affairs. He issued a few of his metrical compositions in small volumes, chiefly for the use of friends, and prepared a biography of his father, published after his death in 1857. This is a work of peculiar value, dealing with the legal and political history of the State for a long period. Mr. Plumer was modest and unam- bitious, and had a scholar's reluctance to engage in the struggles for positions which he might well have filled. He preferred a quiet life, where his many engaging qualities gained him influence and esteem among all who knew him.
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He married, in 1820, Margaret F. Mead, and left a son and a daughter.
JOHN PORTER.
Born, Boxford, Massachusetts, c. 1745 ; Harvard College, 1767 ; practiced, Plymouth ; died there, February 23, 1813.
This was the eldest of the three lawyers bearing the same name, who were in practice in the State in the early part of this century. He was first educated as a physician, and was through life usually called "Dr. Porter." It is understood that he was induced to go to Holderness by Samuel Livermore, who was the owner of a large portion of the soil in that township. He was probably wanted there in his medical capacity, and perhaps also as an instructor of youth.
After a time he prepared himself for the legal profession under the direction of Mr. Livermore, and set up in practice in Plym- outh, being the first lawyer in that place. He was admitted a counselor of the Superior Court in 1784. He was awhile secre- tary of the state Bar Association, and is reputed to have been a man of learning and ability.
His wife was Sarah Cushing, a lady of literary accomplish- ments, having published in Concord, in 1791, a small volume of verse entitled "The Royal Penitent." Of their children, the oldest daughter became the wife of Hon. Elijah Payne of Wil- liamstown, Vermont, and a son studied law, but died young.
JOHN PORTER.
Son of Colonel Asa and Mehitabel (Crocker) Porter ; born, Haverhill, 1769 ; Dartmouth College, 1787 ; practiced, Chester and Haverhill ; died, Broome County, Canada.
There being three contemporaneous John Porters on the roll of attorneys in New Hampshire, this one was commonly distin- guished as John Porter, junior. He was induced to settle in Chester by Tappan Webster, a leading business man there, to do his collecting. He arrived there in April, 1790, and remained three years, and then returned to Haverhill, where, and in New- bury, Vermont, he continued in practice until 1800. He then went to Canada. The time of his death has not been ascertained.
His wife was a Webster from Chester.
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JOHN PORTER.
Son of John and Martha (Perkins) Porter ; born, Bridgewater, Massachu- setts, February 26, 1776 ; Dartmouth College, 1803 ; admitted, 1806 ; prac- ticed, Londonderry and Derry ; died, Derry, December 4, 1857.
Mr. Porter prepared himself for the law in the office of Henry Hutchinson of Lebanon, was admitted in Grafton County, and at once began practice in that part of Londonderry which is now Derry. He was representative of the town thirteen years be- tween 1815 and 1847. He was slow in getting into practice, and the income of his business for the first fifteen years averaged no more than four hundred dollars per year. Indeed, the calls for legal services in Londonderry were so few, and the compensation so small, that he never could have received from that source enough to give himself and his family more than a decent sup- port. For years he was the treasurer of the Pinkerton Academy, which added to his resources.
He was well learned in the law, and was a prudent and careful counselor, but was said to refine too much, and lacked facility as a speaker. His matter was good, but his manner was not at- tractive, and he usually procured Mr. Mason, or at a later date some other leading counsel, to present his causes to the court and jury. He was gentlemanly in manner, dignified, and generally respected.
His marriage took place in 1803, with Nancy, daughter of Colonel Daniel Hough of Lebanon. The elder of their two sons became a lawyer.
JOHN PORTER, JR.
Son of John and Nancy (Hough) Porter ; born, Londonderry, July 20, 1810 ; practiced, Bedford, Manchester, and Derry ; died, Enfield, 1875.
Mr. Porter received his chief education at the Pinkerton Acad- emy in his native town. He studied his profession with his father, and went into practice in Bedford in 1835, as a partner of Jonas B. Bowman. Afterwards he was in Merrimac for a time. In 1839 he settled in Manchester, but gave up the law in 1842, and went into mercantile business with his brother, George Porter. He was also employed at one time in a machine shop. Some
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years afterwards he returned to Derry, and resumed practice ; but his habits had become irregular, and he had little business. After some years of this life he disappeared from his home, and nothing was known of him by his old acquaintances for a con- siderable time. It appears that he had the wisdom to apply for admission to the society of the Shakers at Enfield. They re- ceived him kindly ; he was carefully looked after, and with good food, temperate living, and regular employment he lost his appe- tite for strong drink, and became a useful member of the commu- nity. His education and business capacity advanced him to the position of traveling agent. In this friendly society he made his home as long as he lived.
He was never married.
CHANDLER EASTMAN POTTER.
Son of Joseph and Anna (Drake) Potter ; born, Concord, March 7, 1807 ; Dartmouth College, 1831 ; admitted, 1843 ; practiced, Concord and Manches- ter ; died, Flint, Michigan, August 3, 1868.
At the age of eighteen Mr. Potter began preparation for col- lege under Master Vose of Pembroke. He was engaged in teach- ing several years, first in Concord, and afterwards in charge of the high school in Portsmouth. He then studied law with Ichabod Bartlett in Portsmouth, and with Pierce and Fowler in Concord. He set up practice in (East) Concord for a year, and then moved to Manchester. He had no great liking for the law; his tastes were literary, journalistic, and historical. At Manchester he took charge of the "Democrat," a weekly political newspaper, till 1848, when he received the appointment of Judge of the Police Court. While filling this office he conducted the " Farmers' Monthly Visitor," in 1852 and 1853, to which he contributed many valuable articles upon the history of the State, and in 1854 and 1855 edited the " Granite Farmer."
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