The biographical encyclopaedia of New Jersey of the nineteenth century, Part 94

Author: Robson, Charles, ed; Galaxy Publishing Company, publisher
Publication date: 1877
Publisher: Philadelphia, Galaxy publishing company
Number of Pages: 924

USA > New Jersey > The biographical encyclopaedia of New Jersey of the nineteenth century > Part 94

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in the Court of Admiralty of the United States for the pay- out of transactions in New Jersey, and ever since has been considered as establishing the right of a State to prohibit the inhabitants of other States from catching oysters in oy- ster beds within its limits. A vessel owned in Philadelphia was seized in the year 1820, while engaged in catching oysters in Maurice river cove, in pursuance of the act origi- nally passed as early as 1798; later the seventh section of the act for the preservation of clams and oysters, revised in 1846. Several of the persons engaged in making this seiz- ure were sued in Philadelphia by the owners of the vessel. One case was tried before Judge Ingersoll, in the District Court of the city, and under his direction the jury rendered a verdict for the defendant. The case against Coryell was removed into the Circuit Court of the United States. The great point then insisted on for the plaintiff was that the act of the Legislature of New Jersey was in violation of that clause of the Constitution of the United States which .provides that " the citizens of each State shall be entitled to all privileges and immunities of citizens in the several States." He held that the privileges and immunities protected by this clause were only those which are in their nature funda- mental, which belong of right to the citizens of all free governments, and which have been at all times enjoyed by the citizens of the several States which compose the Union, from the period of becoming free, independent and sover- eign, and did not extend to the privilege of interfering with the rights of the citizens of a State to have the exclusive privilege of catching fish and oysters within its waters. The expense of this litigation was defrayed by the State of New Jersey. To quote again from the admirable " Remi- niscences of New Jersey," by Hon. L. Q. C. Elmer, LL.D. : " I have in my possession, however, one elaborate opinion, the last I believe that he prepared, just before his death in 1829, which was not printed. The case was argued before him and Judge Rossell, at Trenton, about a month before he died, by George Wood for the defendant, and by myself for the plaintiff. The case had been removed from the State court by the defendant, a citizen of Pennsylvania, for the express purpose of obtaining a decision, that when a bond had been assigned and the payment guaranteed by the assignor, if the assignee was directed to proceed against the obligor, his omission to do so would be a sufficient defence to an action upon the guarantee, which in this case was under seal. The judge, however, adhered to the principle established by the Supreme Court of this State (New Jersey) in the case of Stout vs. Stevenson (1 South. R. 178), namely, that a general guarantee or warranty of payment by the assignor of a bond is absolute and co-extensive with the instrument assigned, so that the warrantor becomes a surety for the payment of the money at the day, if it is as- signed before the day of payment, and on demand, if it is assigned afterward." In private intercourse he was a very agreeable companion, and often told an excellent story, or recounted an amusing anecdote, with much effect and ment of this money to him. The Legislature of the State then passed an act requiring the executors of Rittenhouse to pay the money into the State Treasury; and this act was passed upon the ground that the Court of Appeals had no jurisdiction of the case, and that its decree of reversal was null and void. This act also required the Governor of the State to protect the persons and property of the lady execu- tors from any process which might be issued out of the courts of the United States. In this state of things the case was submitted to the Supreme Court, which, after a hear- ing, commanded the District Court to issue the required pro- cess to enforce its judgment. But, by order of the Governor of the State, General Bright called out and took command of a body of the militia, which surrounded the houses of the ladies, and then opposed with force the efforts of the marshal to serve his process. " But, as might be supposed, the ladies were not quite pleased to be thus made prisoners, and, it was said, soon contrived to surrender themselves to the custody of the marshal. At any rate, the process was served, and the State, instead of continuing the war, re- lieved the ladies by paying the money." For the resist- ance Bright and others were indicted, and brought to trial. " The learning, the patient hearing, the clear and discrimi- nating sagacity, and the unhesitating fearlessness of the Judge, then won for him universal approbation. His charge was a fine manifestation of his power to impress a jury with their duty to conform to the law ; and the defendants were found guilty, and adequately punished." He was accus- tomed to charge the jury very fully and explicitly, seldom leaving it doubtful how he thought the verdict should be rendered. "I remember that in a case which involved merely a question as to the running of a boundary line, he mistook the facts, so that the jury, upon which there hap- pened to be a very competent surveyor, found directly con- trary to his charge. He received the verdict with very evident surprise, but said quietly that he would look into the facts of the case very carefully. After doing so, he promptly acknowledged his error, and thanked the jury for their care to be right, in a matter of fact which belonged to them to decide. Most judges would have done suhstan- tially the same thing, but his manner of correcting his own error was very simple and pleasant."-Hon. Lucius Q. C. Elmer, LL.D. The four volumes of Washington Circuit Court Reports contain most of the opinions delivered in the Circuit Courts of New Jersey and Pennsylvania during the time he presided. In the opinion of an eminent jurist and scholar, his style is a fine model of plain, perspicuous En- glish, resembling that of Addison and Blackstone. These volumes were carefully made up in manuscript, and carried with him, before they were printed, to the circuits, lest, as he would at times very pleasantly remark, "he might some time inadvertently overrule himself, which would be worse than merely overruling some other judge." The case of Corfield vs. Coryell, reported in 4 Wash. C. R. 371, grew ; humor. He never brought with him to Trenton his family

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coach and servants, but came in a hired vehicle with hired | three months, and all within his estimate. One of the servants, except a female servant of Mrs. Washington, who was in the habit of accompanying her, although a confirmed invalid. When not engaged in court he devoted himself to her with marked and affectionate assiduity. "I am happy to be able to say that I believe he was a sincere Christian. I know that he had the habit of regularly reading prayers in his private room. If I was asked, Who of all the judges you have known, do you consider to have been the best fitted for that high office, taking into the account integrity of character, learning, deportment, balance of mind, natural temper and disposition, and ability to ascertain and regard the true merits of a cause, as determined by the law that hc was called to administer ? I should say, Bushrod Washing- ton."-Judge Elmer. He continued to fill the position of Presiding Justice of the United States Circuit Court for the District of New Jersey, from his first appointment in 1798 until his death in Philadelphia, November 26th, 1829.

ELCH, ASHBEL, Civil Engineer, was born in Madison county, New York, December 4th, 1809. His father was originally a farmer, living near Windham, Connecticut, on land occupied by his ancestors of the same name since about 1680. His grandmother was a great-great-granddaughter of William Bradford, who came over in the " May- flower." When he was six or seven years old, the family removed to the neighborhood of Utica, where some years later he attended the school of Ambrose Kasson. One of his classmates there was Horatio Seymour, and one of the younger scholars was Ward Hunt. He afterwards studied mathematics and natural philosophy at the Albany Academy, under Professor Henry, now of the Smithsonian Institution. In his eighteenth year he left school (though he never dis- continued his studies), and commenced his professional career under his brother, Sylvester Welch, on the Lehigh Canal. Among his associates in that hard-working corps were W. Milnor Roberts, Solomon W. Roberts, and Edward Miller, all of whom afterward became eminent civil engi- meers. In 1830 he entered the service of the Delaware & Raritan Canal Company, under Canvass White, one of the ablest and most original of American engineers. Since then he has been a citizen of New Jersey, and since 1832 a resident of Lambertville. In 1836 he took charge of the works of the canal company, and retained that charge for many years, in the meantime constructing several other works, among which was the Belvidere Delaware Railroad, commenced in 1850 and finished in 1854. On the 20th of December, 1852, the stockholders of the canal company suddenly determined to double the capacity of their locks and canal. Mr. Welch organized his staff, drew his plans and specifications, procured his materials, employed and honorary degree of A. M. He has been a member of the officered a force of 4,000 men, and finished the work in

items of work was 20,000 cubic yards of cement masonry, laid in the dead of winter, and kept from freezing by housing and artificial heat. From 1862 to 1867, as Vice- President of the Camden & Amboy Railroad Company, he was the executive officer of the " Joint Companies," whose works extended across New Jersey. At the beginning of 1867 he, with others, effected the consolidation of the New Jersey Railroad Company with the " Joint Companies," thus bringing the whole system of railroads and canals between New York and Philadelphia into one interest and under one management. He was appointed General President of the Associated Companies, Hon. Hamilton Fish being vice- president, and Hon. Joseph P. Bradley, secretary. This posi- tion he held until December Ist, 1871, when the Penn- sylvania Railroad Company took possession of the works under their lease. His policy was to improve the works connecting the two great cities of the Union in such a man- ner as to remove all ground of complaint and all fear of competition. Those associated companies are now merged into " The United New Jersey Railroad and Canal Com- pany." He is still President of the Belvidere Delaware and some smaller railroad companies, all operated by lessees. Mr. Welch is not merely an administrator, but especially an originator. In 1863 he originated and put in operation a system of safety signals on the line between New York and Philadelphia (since, we believe, extended to Pittsburgh), which has entirely prevented the most dan- gerous class of accidents, previously so frequent and so fatal. The value of this system was especially shown during the rush of the Centennial season. It is sometimes confounded with the English " Block System," from which, however, it differs essentially, and from which Mr. Welch received no hint. The system was described in a report by him to the National Railroad Convention held in New York in 1866. In 1866 he invented a pattern of steel rail, more economi- cal and forming better connections than those in previous use, the principles of which are stated at length in his " Re- port on Rails," made to the American Society of Civil Engineers at its annual convention in 1874. These princi- ples have since been extensively recognized and adopted. Mr. Welch's efforts have not been confined exclusively to his profession. From 1840 to 1845 he was associated with Captain Robert F. Stockton in his operations which resulted in building the war steamer " Princeton," the first propeller- ship ever constructed in America, and in the introduction of cannon of extraordinary size, since followed up by Rorl- man and others. On the invasion of Pennsylvania during the late civil war, Professor Bache, to whom had been in- trusted the defences of Philadelphia, called him to his counsel, but the battle of Gettysburg soon made the further consideration of the subject unnecessary. In 1843 the College of New Jersey, at Princeton, conferred on him the Presbyterian Church since 1832, and an Elder since 1844,

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Ashbel welch

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and has several times been a member of the General Assem- bly of that church. He is an occasional contributor to the Princeton Review, the principal organ of the Presbyterian Church in America, his last article being " The Perpetuity of the Sabbath." In it he takes the position, never before suggested, that many Icbrew local laws were declaratory of the moral law, just as many English statute laws are declaratory of the common law. For more than a quarter of a century he was Superintendent of the Sabbath school, and he now conducts the congregational Bible class in the Rev. Dr. Studdiford's church. For many years he has been a most diligent student of the word of God. Thor- oughly orthodox in his belief, he is also independent and original in his Bible investigations, taking nothing at second hand, but secking to find for himself the meaning of the sacred text. Few laymen have given as much attention as he to the study of the Bible, and not many of the clergy are better versed in the principles of its interpretation. In poli- tics he is not tied to either party organization, but has de- cided opinions, one of which has long been in favor of civil service reform. He was married in 1834 to Mary II. Seabrook, who died in 1874, leaving five children, the oldest of whom is the widow of Mr. William Cowin, of Lambert- ville, and the youngest daughter the wife of Rev. R. Ran- dall Hoes, of Mount Holly. His eldest son is interested in iron and machinery works at Lambertville. Mr. Welch is loved and honored by a large circle of friends, among whom, as well as in the world at large, his influence has ever been potent for good. Cautious and conservative, yet kind and conciliatory, he eminently "follows after the things which make for peace." Earnest and independent in his search for truth, wise in counsel, public-spirited as a citizen, liberal as a benefactor, firm and conscientious in the maintenance of right, true and faithful in all the relations of life, he combines in himself qualities which make him one of the most valuable meinbers of society.

LACKWELL, HON. JONATHAN HUNT, of Trenton, Merchant, and Senator from Mercer county, was born at Hopewell, Mercer county, New Jersey, December 20th, 1841. His parents, Stephen and Franconia (Hunt) Blackwell, came from families resident in this section of the State for several generations. Among liis maternal ancestors were several who participated in the war of the Revolution, doing gallant service in the patriot cause. His father is a merchant at Hopewell, and highly respected. Jonathan re- ceived his early educational training at the public schools in the vicinity of his native place, and it was continucd in the New Jersey Conference Seminary, at Pennington, and Claverack Collegiate Institute, on the IIudson. At the age of eighteen, on leaving school, he commenced his merean- tile carcer as elerk in his father's store at Hopewell. Thus

employed he grew to man's estate. On attaining his ma- jority, desirous of obtaining experience in a wider field, he entered the extensive wholesale grocery establishment of William Dolton. Here he remained for twelve months, and shortly afterward engaged in business in New York city, where he continued until 1864. In that year he re- turned to Trenton and became associated as a partner with his former employer, William Dolton. This partnership has con- tinued till the present time, and their business is probably the largest of its character in the State. A man of large activity and great public spirit, Mr. Blackwell has always manifested great interest in the affairs of the city and the State, devoting much time to the promotion of all movements calculated in his judgment to develop their natural resources and to im- prove their government. In political affiliation he is a Democrat, and has been honored by his party with various positions of trust and responsibility. In 1873 he was elected a member of the Trenton Common Council for three years, and in that body he served with great eredit to himself and satisfaction to his constituents. During the succeeding year he was nominated as candidate for State Senator, and some idea of his popularity is conveyed in the fact that, while the Republicans had previously represented the county in the Senate, he was elected by a good majority of a largely increased vote, the total being 10,531, against 9,107 in 1871. Although the youngest member of the Senate, with his party in the minority, his ability received immediate recognition in his appointment on several impor- tant committees; among them those on Education and on Banks and Insurance Companies. During the session of 1877 he was Chairman of the first-named committee, and also of that on Claims and Pensions; a member of those on Militia, on Lunatic Asylums, on State Library, and on Printing ; of the latter he was also Chairman. His career as a legislator has deepened the good opinion entertained of him by the community, for while warmly attached to the Democratic party and desirous of promoting its interests, he has never been actuated by partisanship to support any measure which he did not deem for the publie good. Both as a business man and as a politician he commands the highest respeet and esteem of his fellow-citizens. IIe was married, October 5th, 1865, to Susan Weart, daughter of Spencer Weart, Esq., of Mercer county, New Jersey.

ROWN, WILLIAM MORTIMER, Physician, late of Newark, New Jersey, was born in this city, September 8th, 1816. He was one of the most faithful, active and influential members of the Essex District Medical Society, and was always at his post and punctual in every appointment. Also, as one of the deacons of the Third Presbyterian Church, lie was active in cvery good work and enterprise. For many

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years preceding his decease he was in a feeble state of health, and had a marked predisposition to disease of the lungs which rendered it unsafe for him to expose himself at night. " The disease, however, slowly but insidiously ad- vanced till about all available lung was consumed. Hle sunk to his grave ' calmly, like one who wraps the drapery of his couch about him, and lies down to pleasant dreams.' Ifis manners were quiet and retiring. Ile was a good phy- sician, and enjoyed to a high degree the confidence of his fellow-practitioners. Ile regarded with especial interest the esprit du corps of the profession, and was ever mindful of its honor and dignity. Ile was a man of medium size, slim, sallow, and bore for years evidence of consumptive tendencies."-Dr. J. H. Clark. In 1865 Dr. S. H. Pen- nington published, in the " Transactions of the State Medi- cal Society," an eloquent and elegant poetical tribute to his memory. He died in Newark, April 4th, 1864, in the forty-eighth year of his age.

EWITT, HON. CHIARLES, President of the Trenton Iron Company, was born in the city of New York in 1824. His father, John Hewitt, was of English birth; the ancestors of his mother, a Miss Gurnee, left France at the time of the St. Bartholomew massacre. Hon. Abram Hewitt is his brother. Charles attended one of the public schools of New York until eleven years of age, when, having reached the highest class, he was taken from school and placed as a clerk with an insurance company in Wall street, where he remained about six years. During this service, by devoting all spare time at his clerk's desk and the even- ings to study, he qualified himself to receive, at seventeen years of age, an appointment as teacher in the Grammar School of Columbia College, then under the control of the eminent linguist and author, Professor Charles Anthon. After a few months' service as assistant teacher, he was ap- pointed Principal of the third department of the school, a position which he. continued to hold until 1845, when he accepted a situation in the iron works at Trenton, then being erected by the distinguished philanthropist, Peter Cooper. In October of this year, and hefore he had at- tained his twenty-first year, Columbia College conferred on him the honorary degree of A. M., thereby indicating the high estimation which his talents, scholarship and character had won. In his new position he had at first charge of the commercial department of the business transacted at the works, but in a few years thereafter, when they passed under the control of corporate organizations, the sphere of his duties was enlarged, and he became the General Man- ager, controlling both the commercial and manufacturing departments of the business at Trenton. The two large establishments now belonging to the New Jersey Stecl and Iron Company and the Trenton Iron Company were for

many years operated under one corporate Organization, and were during that time managed by him. He is now the President of the Trenton Iron Company, Edwin F. Bedell being secretary, and James Hall, treasurer. This corpora- tion was organized in 1847. In 1854 it owned the Andover, Roseville, and other mincs, and the Ringwood estate; three blast furnaces (now the property of the Andover Iron Com- pany) at Phillipsburg, New Jersey ; a rolling and puddling mill (now the property of the New Jersey Steel and Iron Company) at Trenton, and the Trenton Water Power, be- sides a rolling mill and a wire mill in the last-named city. Only the last two are now retained by the company, it having been found desirable to divide the various former interests. The capacity of the rolling mill is 14,000 tons per annum ; it has 6 heating furnaces; 4 trains of rolls, 19, 12, 10 and 8 inch respectively ; 2 steam hammers; 12 sink- ing fires, and 2 refining fires. Of the wire mill the capacity is 7,000 tons per annum. The products are bar-iron, wire and brazier rods ; market, fence, telegraph, screw, bridge, rope, weaving, coppered and tinned, bale, hay-bale, spring (iron and steel), buckle, square, flat, and half round, cast-steel, Martin steel and Bessemer steel wire, and fence staples. So judicious is the management of the works, that even in the troublous labor agitations, through which the country has passed of late years, strikes have been unknown. The men now in the employ are to a great extent those who have grown up with the works, and when a change in values renders a reduction in wages a business necessity, Mr. Hewitt invariably gives notice of the proposed reduc- tion several weeks before it takes effect. During this inter- val any arguments advanced by the workmen are patiently listened to, any demonstrated injustice remedied, and so in all cases the change is explained satisfactorily to the men. By this course the hands are kept in full sympathy with their employer. The advantage of this to the works is very apparent. Feeling that their personal interests and the prosperity of the company are one and the same, the men at the furnace and at the rolls labor with their best energies to maintain, so far as in them lies, the welfare of the con- cern. Mr. Hewitt is eminently a man of affairs, manifests a large public spirit, and is characterized by an apparently inexhaustible energy. Besides carefully conserving and promoting the interests of the industrial institution to which his attention is primarily directed, he has been and is now prominently identified with various public and cor- porate bodies. Within the last thirty years he has been Vice-President of the New Jersey Steel and Iron Company, President and Superintendent of the Trenton Water Power Company, President of the National Pottery Company, a member of the Common Council of the city, and President of its Board of Trade. He is now President of the Trenton Iron Company, a Manager of the Trenton Savings Fund Society, and one of the Managers of the State Lunatic . Asylum, at Trenton. In 1871 he was elected to represent Mercer county in the State Senate, and was appointed

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Chairman of the Committee on Education, also of that on State Prison, and a member of several others of importance. During his senatorship he took the leading part in the work and discussions which led to the enactment, in the last year of his term, of the general railroad law, and at all times displayed an active interest in the educational affairs of the State. He has, in common with other mem- bers of the Trenton Board of Trade, labored effectively to promote the growth and prosperity of that city, and espe- cially for the better utilization of the water-power of the river Delaware. And not only is his genius administrative, it is inventive. He has perfected a number of inventions that have proved of great value in the manufacture of iron, among which may be especially mentioned an arrangement for moving iron at the rolls, by means of which the manu- facture of rolled beams and girders, and other heavy iron, has been greatly facilitated. Indeed, his career has been wholly honorable and successful, whether as a business man or a mover in public affairs, and he very naturally holds a high place in the confidence and esteem of the community for whose best interests he has labored so intelligently and conscientiously.

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The biographical encyclopaedia of New Jersey of the nineteenth century, Part 94

Author: Robson, Charles, ed; Galaxy Publishing Company, publisher Publication date: 1877 Publisher: Philadelphia, Galaxy publishing company Number of Pages: 924

Author: Robson, Charles, ed; Galaxy Publishing Company, publisher
Publication date: 1877
Publisher: Philadelphia, Galaxy publishing company
Number of Pages: 924