Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 37

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452

USA > New York > Albany County > Albany > Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations > Part 37

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In his social relations, Mr. Reynolds possessed those qualities which accompany a refined and sen- sitive mind, causing him to be greatly beloved in the sacred circle of home.

He died on the 13th of July, 1864, in the seven- ty-seventh year of his age.

Ten years previous to his death, owing to ill health, he retired from the Bar, and nearly with- drew from former associations and society. At last his splendid intellect vanished, and his last years were passed in mental darkness.

SAMUEL STEVENS.

It would be impossible to give a history of the Bar of Albany without some description of Gen. Samuel Stevens. From the year 1837 down to the adoption of the Code of Procedure Samuel Stevens, Marcus T. Reynolds and Nicholas Hill were, perhaps, three of the most prominent lawyers in the State. They were constantly engaged in the principal courts, often on the same side, but more frequently opposed to each other.

Gen. Stevens was a lawyer of rare accomplish- ments, an advocate of great power. Like Ogden Hoffman, he contrived to give interest to a dry de- tail of facts by a happy adaptation of his mind to them ; he could, on the instant, select from a variety of matters those which would make the best appearance and be least exposed to observation and to answer. " He could estimate the probable case which was hid in his adversary's brief, and prepare his own to elude its force." As a speaker he was as effective before the court as either Hill or Reynolds ; as a jury lawyer he was more successful

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than the former, because he was more emotional, more vivacious and more vehement. His gesticu- lation was active and frequent, and he often illus- trated his argument with a humorous story which contained force and point ; his good nature always prevailed at the Bar, accompanied by an incisive wit ever at his command, ever agreeable, because it never descended to offensive satire. In his man- ner he was what might be called free and easy ; like Martin Grover, when at the Bar, his month was always occupied by a quid of tobacco, by no means infinitessimal in size. He was popular with the people, and thus he had one quality of the suc- cessful politician. He was first known to the polit- ical world as one of the ablest and most eloquent supporters of DeWitt Clinton in the State.

In 1825 he represented his native county, Wash- ington, in the Assembly, and although one of its youngest members, he was regarded as the leader of the Clintonian party in that body. In 1827 he was again elected to the Assembly. In Feb- ruary of that year he delivered a speech in the House on that part of the Governor's Message which referred to internal improvements. This speech gave him a State reputation as an ingenious reasoner and an accomplished legislative debater. He afterward identified himself with the Whig party, and in the Legislative Caucus held in Feb- ruary, 1839, was strongly sustained for candidate for Attorney-General ; Willis Hall, of New York, was, however, the successful candidate, on a vote of 45 to 42. He was never again before the pub- lic for any civil office, excepting once when he was nominated for Lieutenant-Governor.

In personal appearance Gen. Stevens differed materially from both Hill and Reynolds ; he was short, thickset, tending to corpulency ; his eye- lids were always partly closed, as though they were affected by the light. He was of nervous tempera- ment, active, energetic and restless.

The names of Hill, Reynolds and Stevens are strongly associated together ; at the Albany Bar there was scarcely a case of importance tried in which one of the three did not appear as counsel.

Gen. Stevens was not so long identified with the Albany Bar as ITill and Reynolds, but he has left on its history a name and fame of which this Bar may be justly proud.

He was for a time a partner of James Edwards, Esq., a distinguished member of the Albany Bar, and afterward he was the law partner of Peter Cagger, under the firm name of Stevens & Cagger, which became one of the most powerful in the State, and continued for several years.

JOHN C. SPENCER.

JOHN C. SPENCER, ranking among the ablest of American lawyers, was for many years a member of the Albany Bar. Here he achieved his greatest legal and political triumphs. His name is not only identified with the legal but with the political history of the State.

The political career of De Witt Clinton is largely blended with that of John C. Spencer.

He was born at Hudson, N. Y., August 12, 1786; he was a son of Ambrose Spencer, to whom we have often referred in this work. From his earliest years he was accustomed to the society of distin- guished, learned and gifted men. His first knowl- edge of politics was drawn from witnessing the con- test of our great American politicians who flour- ished in the carly part of the present century. He saw how causes were tried by witnessing the legal contests of Hamilton, Burr, Hoffman, Emmet and other great lawyers.

He prepared for college at Hudson Academy, and entered Union College in 1799. During his collegiate course a friendship began between him- self and Dr. Nott-afterward for many years the distinguished president of that college - which warmed as it ripened, and continued until the death of Mr. Spencer.

As a student young Spencer was distinguished for close and thorough application to his studies, for the same thoughtful reserve, the same dignified reticence, which marked his character as a lawyer, legislator and cabinet minister.

In July, 1803, at the age of seventeen, Spencer graduated with scholarly honors exceedingly grati- fying to all his friends. On leaving college he began the study of law with his distinguished father. In July, 1809, he was called to the Bar ; very soon after this he was united in marriage to a daughter of James Scott Smith, a highly respected citizen of New York City. Miss Smith was a lady of rare accomplishments, with that high cast of char- acter which eminently qualified her for the wife of John C. Spencer. At this time Western New York, though mostly a wilderness, was attracting the at- tention of the enterprising and intelligent people of the eastern and southern parts of the State. The beauty of its scenery, embellished by lakes, rivers and hills, with their grand old forests, and its prospects for speedy settlement and future great- ness, were vividly portrayed by tourists.

Among those who decided to emigrate to that country was Mr. Spencer, and in September, 1809, he became a resident of Canandaigua. With a few law books and fifteen dollars in money he began that professional career which has rendered his name memorable in the State and nation.

He used to describe, in a pleasing manner, the first dinner of which he and his wife partook in their "own hired house " at Canandaigua.

"Our meal was served on a plain kitchen table. I was seated on a cheap, old-fashioned chair-the only one we boasted of-and Mrs. Spencer occu- pied a common wooden stool. But everything on the table, though simple, was nicely cooked, and we enjoyed our mcal with a relish never equaled at the more sumptuous repasts of our more pros- perous days."

In 1809 Ontario County embraced within its limits all that territory included within the Coun- ties of Yates and Wayne, together with all that part of Monroc and Livingston lying east of the Genesee River. After Mr. Spencer became a resi- dent of Western New York the population rapidly increased, and its great agricultural and other ad-

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vantages developed to a surprising degree. The Ontario Bar became one of the most eminent in the State, at the head of which Mr. Spencer always stood.

In February, 1818, he was appointed by Gov. Tompkins Prosecuting, or District, Attorney for the five western counties of the State. It was a position of great responsibility and labor, but he discharged his duties with great alacrity and suc- cess. In the spring of 1817 he was elected a rep- resentative in Congress, taking his seat in that body December 1, 1817, remaining in the House during its fifteenth session. While in Congress he received the nomination for United States Senator by the Clintonian members of the Legislature. Col. Samuel Young and Rufus King were his opponents. He received 64 votes, Col. Young 57; but Mr. King was elected. For a politician as young as Mr. Spencer then-only twenty-eight years of age-this development of strength was exceedingly flattering to him. In the autumn of 1819 he was elected member of Assembly, and when the Legislature convened on January 2, 1820, Mr. Spencer was chosen Speaker. He was re- elected in the fall of 1821, and again a candidate for Speaker, but was defeated by a few votes. He was elected to the Legislatures of 1831 and 1833.

Mr. Spencer represented the old Seventh Sena- torial District in the State Senate from 1825 to the close of the year 1828. He left the impressions of his great learning and genius on the records of both branches of the Legislature of this State, and many enactments of importance which make a prominent part of our legal structure owe their existence to his learning and genius.

In 1826 the abduction of Morgan created an unparalleled excitement in the State. To secure the conviction of the abductors the great abilities of Spencer were invoked, and he was appointed by Gov. Van Buren a special public prosecutor for that occasion.

But so skillfully and so secretly was the crime committed that all efforts of Mr. Spencer, aided by the power of the State, failed to bring the cul- prits to justice, and the mystery which hung over the affair at that time rests upon it now. Out of it grew the Anti-Masonic party, the foundations of which were laid by Thurlow Weed, William H. Seward, John C. Spencer, Frederick Whittlesy, Bates Cook and others. For a time it was very powerful, particularly in the western part of the State. It was short-lived, however, and soon withered away, or, rather, was absorbed by the Whig party, which was founded on broader princi- ples of State polity.

Mr. Spencer, with Seward, Weed and others, became leaders of the Whig party.

In the autumn of 1836 he removed from Canan- daigua to Albany, where he resided the remainder of his life. He aided materially in the election of Gen. Harrison, who died very soon after assum- ing the executive chair. John Tyler, who suc- succeeded him, appointed Mr. Spencer his Secre- tary of War, and though the Whig party dissolved all connection with Tyler, Spencer continued to

adhere to him through his administration. He advocated the election of Gen. Taylor and the election of Gen. Scott. After the Presiden- tial election of 1852 he never mingled in politics. This, in brief, was the career of John C. Spencer as a politician ; the history of his legal career would fill volumes. A distinguished part of his legal work was in the part he took as one of the revisers of the New York Statutes. Gov. Clinton died on February 28, 1828. Before his death he appointed commissioners for the revis- ion of the Statutes ; they were John C. Spencer, John Duer and Benjamin F. Butler. These gen- tlemen were selected for their high standing as lawyers, regarded, as they were, as the most learned of the profession in the State. The success- ful manner in which they discharged their duty is too well known to need comment here. The Re- vised Statutes of the State of New York are grand and enduring monuments of the genius, the learn- ing, the purity and wisdom of John C. Spencer, John Duer and Benjamin F. Butler. Though, through the innovation of subsequent law-makers and codifiers, many of their sections have been re- pealed, yet many remain, indispensable to the practicing lawyer.

In 1849 he was appointed one of the codifying commissioners, but to the great regret of the judi- ciary, the profession and the public he declined the appointment and retired to private life.

Few men were more beloved in Albany than Mr. Spencer ; its public interests seemed to be his interest, and his relations to its society were of the most pleasing nature. To his efforts the Albany Hospital owes, in a measure, its existence. As was said by a distinguished citizen of Albany, speaking of the hospital, "Its interests and welfare never ceased to occupy his mind ; and I have no doubt his agency in its foundation was a rich con- solation on his bed of death."

The State Asylum for Idiots is another institu- tion which owes much to his influence and generosity. In many other benignant and public matters his name is honorably identified. He con- tinned the dispenser of charities, public and private, until his death.

About the middle of May, 1854, he visited the City of New York, being then an invalid. While there his disease took a more violent and dangerous turn, which rendered it apparent that the life of the great statesman and lawyer was about to close. He lingered until about the 20th of May, when he quietly and peacefully passed away. He was then in the sixty-eighth year of his age.

In the lovely cemetery of Albany, among all the beautiful and artistic monuments which embellish it, speaking its silent language of respect for the dead, none is oftener visited, none elicits more veneration, or brings up historic associations more vividly, than the shaft which commemorates the spot where repose the remains of John C. Spencer.

JAMES EDWARDS.

Mr. JAMES EDWARDS was a member of the Albany Bar, whose professional acquirements,

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scholarly attainments and high character gave him a State reputation.

He was born in Greenfield, Saratoga, N. Y., December 9, 1799. He removed to Albany in 1816 ; here he began the study of law in the office of his uncle, Hon. Alfred Foote, at that time one of the most eminent lawyers in Albany. In 1822, at a term of the Supreme Court held in Albany, he was admitted to the Bar, and soon afterward formed a partnership with Gen. Samuel Stevens, whose biography appears in this work. The busi- ness of the firm was large and important, extend- ing into very many of the counties of Central and Southern New York.

To use the language of the Albany Argus, "Mr. Edwards brought to his practice many admirable qualifications. He was always distinguished for his sound practical judgment, his solid legal attain- ments, his promptness and accuracy in business, energy, firmness and integrity of character, and conscientious fidelity to the interests of his clients. Among his clients and friends and the citizens of Albany he was always regarded as a most substantial, upright and leading man. He was kind-hearted, true in his friendship, warm and generous in his sympathies, ever open to the appeals of the poor and suffering, and ever seeking to rule his life in accordance with Christian princi- ples. He was a liberal-minded, public-spirited and valuable citizen, always seeking a warm inter- est in all measures for the promotion of public in- terests."

Mr. Edwards died suddenly on May 21, 1868, aged sixty-nine years.

AZOR TABOR.

AZOR TABOR was born at Knox, in the County of Albany, May 1, 1798. After a careful and thor- ough classical education he entered the office of John Lansing, Chancellor of the State, where he prepared for the Bar. After his admission to prac- tice he opened an office at Albany. A prosperous and distinguished legal business opened to him, and he pursued a long and honorable career at the Bar. He ranked among the ablest lawyers of the State, discharging the duties of a very large legal practice with fidelity and capacity, which com- manded universal approbation.

His chosen profession was his almost exclusive pursuit. From this he was rarely tempted to turn aside. The only position he ever held was State Senator from the Albany district. He was elected in November, 1851; took his seat in the Senate July 6, 1852, closing his Senatorial career Decem- ber 31, 1854. As a member of the Judiciary Com- mittee-as an occasional debater-he exhibited that power and compass of mind, that extraor- dinary condensation of language, which rendered him so distinguished at the Bar. But as his am- bition was confined to his profession, he had no taste for legislative honors, and, declining a re- nomination, he left the Senate and a most honor- able Senatorial record, to pursue without interrup- tion his duties at the Bar.

In April, 1833, he formed a partnership with that

accomplished lawyer and highly esteemed citizen, Amos Dean. This relation was highly advanta- geous to both parties and continued several years.

In 1854, owing to failing health, he retired from the profession and became a resident of Knox, his native town, where, on June 10, 1855, he died.

As has well been said, " his life was that of an honest, earnest, able man, and he left a memory upon which there is no stain."

In the character of Azor Tabor the strength and vigor of manhood was softened by the gentleness of manners and tastes which belong to and adorn the other sex. We may say without affectation that the history of the Albany Bar is enriched and em- bellished by his learning, his unostentatious and yet powerful eloquence, and by his virtuous and blameless life.

AMOS DEAN.

AMOS DEAN was born at Barnard, Vt., January 16, 1803. Like many other prominent lawyers and jurists of this State, he acquired his early education in the common schools, where he prepared for the great calling of teaching. Engaged in this occupa- tion, he sustained himself while pursuing his academic course preparatory to entering college. He entered Union College in 1823, and graduated from thence in 1826.

At this time his uncle, Jabez D. Hammond, a distinguished lawyer and writer, was in partnership with that illustrious judge, Alfred Conkling.

Mr. Dean began the study of law in their office; he was a diligent student; one of those who de- lighted in the nice distinctions and the philosophy of the law as a science. Intricate and dry as is the study of law to some, to young Dean it had attractions that amounted to fascination; and so he came to study it as a matter of recreation, blending instruction with delight. Long before his admis- sion he had the gratification of hearing his uncle say: "Amos is a very thoroughly read lawyer already."

He was admitted to practice at the May Term of the Supreme Court in 1829, and went at once assiduously and earnestly to the work of his pro- fession.

For several years, and during the earlier period of his practice, he was associated with Azor Tabor, then recognized as one of the most eminent of the Albany Bar. Says the Albany Evening Journal : " Professor Dean never assumed to attain celebrity as an advocate before juries. While he possessed marked abilities as an orator, which could have been educated to an eminent order by practice, his instincts and tastes led him to another field of in- dustry in his profession. His amiability of dispo- sition, his natural reserve, his kindly nature, his guilelessness and his overflowing charity repelled him from the theatre of professional strife and con- flict. He was peculiarly adapted to the duties of the office and the counsel room. Here he became eminent for wisdom, prudence and sagacity. These qualities, added to that higher and nobler one of an unimpeachable integrity, brought to him clients, success and fame.

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" Professor Dean was a scholar by education, study and taste. This led him to appreciate the benefits of a popular education, and to aid in its popular advancement. Impelled by such purposes, he conceived, in early manhood, the plan of estab- lishing associations for the mental improvement of young men.

"In 1833 he gathered about him a few young friends of kindred tastes in an office in Albany, and there planted the germ of the "Albany Young Men's Association." From this beginning hun- dreds of kindred institutions that have since blest the country by their beneficent influences abroad.

"Upon the organization of this association, Mr. Dean was unanimously selected as its first presi- dent. By the energy and sagacity of his adminis- tration the foundation of that noble edifice of pop- ular education, from which, for so many years, so much moral and intellectual light has been shed upon the youth of our city, and which has been the model for so many like structures in all sec- tions of the Union.

"In 1833 he was associated with Drs. March and Armsby in establishing the Albany Medical College; from that time to 1859 he held in it the position of Professor of Medical Jurisprudence. When the law department of our university was established Mr. Dean was wisely and appropriately chosen one of its professors. In this sphere, so well adapted to his tastes, his talents shone out most brightly. His pupils, scattered all over the land, bear testi- mony to the value of his instruction.

" Professor Dean has attained considerable emi- nence in the field of authorship and literature. In early life he delivered a series of able and interest- ing lectures on phrenology, a science then in its infancy. These lectures were afterward embodied in a book.

" In early life he was the author of a Manual of Law, which proved a valuable aid to business men. He delivered several valuable addresses and lec- tures upon subjects of public interest. In 1833 he delivered the Annual Address before the Albany In- stitute. He pronounced a eulogy upon the death of Jesse Buel before the State Agricultural Society, and an Annual Address before the Senate of Union College. But his greatest achievement in literature was not given to the world, because of his death. This was the History of Civilization, upon which he had been engaged for several years previous to his death .*

" His industry, research and ability gave assur- ance of the merit and attraction of his work.

"We have spoken of Professor Dean only as a professional and public man. If we sought to add panegyric to what we have said, we should speak of his qualities as a man and of his virtues in private life. Herein, if possible, his character was higher and nobler than in any other walk of life.

"To the qualities which we have described he united a pleasing address, a quiet demeanor, a generosity of sentiment and an absence of guile

that endcared him strongly to the circle of his companionship."

Such was the tribute paid to Professor Dean by that eminent journalist of the State, Thurlow Weed. Those who remember Professor Dean-and there are many still in Albany who do-will bear ample testimony to the truth and fitness of Mr. Wecd's beautiful sketch of his life.

HENRY G. WHEATON.

In the year 1828 Mr. WHEATON graduated with the highest honors at Union College, and immedi- ately commenced the study of law at Albany. At the May term of the Supreme Court he was ad- mitted to practice and opened an office at Albany.

As he had been an ardent, close and apprecia- tive student both in law and in the classics, as he possessed those mental endowments so necessary for a lawyer, he rose rapidly to distinction.

As has been said of Mr. Wheaton by another intimately acquainted with him, "He was accom- plished in mind and manners, irreproachable in character and habits, and elevated in aspirations. All who saw him enter upon the battle of life an- ticipated for him a prosperous, brilliant and hon- orable career. He married an attractive young lady, descended from one of the oldest and most wealthy families in Albany, and lived in a style be- coming his position and prospects. He devoted himself industriously to his profession, of which he soon became an ornament." He took rank with Reynolds, Stevens, Tabor and other leading members of the Albany Bar. By many he was regarded the superior of either of those exceedingly able lawyers, especially before a jury.

He represented Albany County with marked ability in the Legislatures of 1835, 1840 and 1841. We have said he was in the Assembly of 1835. Mr. Wheaton was a candidate for Assembly in the autumn of 1834 for Albany County. His opponent was David G. Seger. The canvass was very close, and each candidate claimed the certificate of elec- tion; but it was given to Mr. Wheaton, and he took his seat in the Assembly, January 6, 1835. Mr. Seger, however, contested his seat with such suc- cess that on January 9, 1835, Mr. Wheaton was ousted and Seger took his seat. The former and his friends, of which he had many, always insisted that Seger succeeded by partisan influence, and not on the merits of his case. They afterward pointed contemptuously to what they had deemed (but with how much reason we are unable to state) Mr. Seger's humble career as a legislator, in con- trast with what Mr. Wheaton would have been, and what it subsequently was.

As we have said, he was elected to the Legisla -. tures of 1840 and 1841, and was regarded as one of the most eloquent and infinential members of the House in both of those sessions. Some of his speeches made on its floor are almost unrivaled as specimens of legislative eloquence.

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Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 37

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888 Publication date: 1886 Publisher: New York, W. W. Munsell & Co. Number of Pages: 1452

Author: Howell, George Rogers, 1833-1899; Tenney, Jonathan, 1817-1888
Publication date: 1886
Publisher: New York, W. W. Munsell & Co.
Number of Pages: 1452