Bi-centennial history of Albany. History of the county of Albany, N. Y., from 1609 to 1886. With portraits, biographies and illustrations, Part 45

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 45

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On October 8, 1884, Mr. Hale addressed a let- ter to Grange Sard, Esq., which was read at a mass meeting in Albany, on that day, giving in an able, thoughtful and scholarly manner his reason for supporting Mr. Cleveland instead of Blaine. "For myself," he said among other things, "after long

deliberation, and with great reluctance, I have come to the conclusion that Mr. Blaine is un- worthy of support. With great reluctance, because, having given my first vote at the Presidential elec- tion for Gen. Fremont in 1856, and having voted for every Republican candidate for that great office since, I would much prefer to continue to support the party of my first choice ; because I thoroughly appreciate the traits which make Mr. Blaine so at- tractive and agreeable to those who know him socially; because, from education, from association, from conviction, and, perhaps, somewhat from prejudice, I am not an admirer of the Democratic party." He then gives the reasons for refusing to support Mr. Blaine.

It is not our province to analyze those reasons; but it is proper for us to say that they bear the im- press of thoughtful candor, of careful consideration, and a thorough knowledge of all the bearings and details of his subject. His letter was published in many of the Democratic and Independent journals throughout the nation, and was a valuable cam- paign document for Mr. Cleveland.

In 1880, when it became apparent that Gen. Grant was to be urged by a portion of the Repub- lican party for a third-term nomination for Presi- dent, Mr. Hale was one of the first to declare against the nomination. On January 3, 1880, a very large meeting of the Republican citizens of Albany convened at Martin Hall, in that city, and, after a full exchange of views in relation to the President for the next term, it was unanimously resolved that the nomination of any man for the third term for the Presidency was contrary to the spirit of our Federal Union, and a resolution was adopted to form a club opposed to any man for a third term. At a public meeting held in the same hall on January 7, 1880, the committee on officers, appointed at a previous meeting, reported the name of Hon. Matthew Hale as president of the club. On receiving notice of this appointment, Mr. Hale signified his acceptance in a letter in which his views of the third-term question were forcibly and eloquently set forth. On Monday evening, April 26, Mr. Hale delivered a lecture on the Conditions and Limits of Party Fealty, in Steinway Hall, in the City of New York. The significant title of this lecture, and the ability of the lecturer, drew an im- mense audience. It began with a brief history of parties in America, tracing it down to the origin of the Republican party and to the close of the war. He then considered the party platform since the war, taking up the electoral system and its design, as explained by Hamilton, and why this design was not fulfilled. He then reviewed the plan of Ben- ton and Sumner; the abandonment of the caucus system, and its causes. In connection with this, he directed the attention of his audience to the Presidential election of 1824, in which Wm. H. Crawford was nominated for President by the Democratic caucus. He showed that prior to this time Congressional caucuses had selected the candidate already designated by popular expecta- tion; but in 1824 the caucus candidate turned out to be the third on the list. Andrew Jackson and

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John Q. Adams each received more electoral votes than Crawford, none of the candidates having a majority, and the election was thrown into the House of Representatives, and, by a combination between the friends of John Quincy Adams and Henry Clay, the former was elected President; the first and only case, up to this time, in which a President had been nominated by the House of Representatives. Mr. Hale then gave the origin of the National Convention system, and how ma- chines control these conventions, and considered how resistance to these machines became a duty, to suppress party despotism. We have only time to glance at this important party document, so poten- tial in arousing that independent spirit in politics, which it is believed will eventually result in the overthrow of that despotic party leadership, the bane of our political institutions.

Though Mr. Hale has never, in any sense, sought office, yet he has consented in two instances to accept the nomination for honorable official po- sitions. He was elected a delegate to the Consti- tutional Convention which assembled at Albany June 4, 1867, and adjourned sine die February 28, 1868; but an adjournment from September 24 to November 12, 1867, had been agreed to by the convention.

Mr. Hale represented the Sixteenth Senatorial Dis- trict. His high rank as a lawyer, and his scholarly attainments and practical oratorical powers, gave him a high position in that convention. He was on the Judiciary Committee, of which Hon. Chas. J. Folger was chairman. The other members were: Wm. M. Evarts, Chas. Andrews-now of the Court of Appeals, Amasa J. Parker, Francis Ker- nan, George F. Comstock, and other distinguished lawyers. It is a significant fact that Mr. Hale was put in nomination as a delegate to the convention by both political parties. In November, 1867, he was elected to the State Senate, serving in 1868-9. Here again, in the Senate, Mr. Hale's abilities were liberally recognized. Though he did not often claim the attention of the Senate as a speaker, when he did, he was listened to with profound at- tention, and his speeches were always considered weighty and cogent. He was a member of the Ju- diciary Committee. The severe and constant la- bors of Mr. Hale, as a member of this committee, have left their impress upon the record of its pro- ceedings.

After his removal to Albany, Mr. Hale, in 1871, received the nomination of the Republicans for the Assembly, but declined to accept it. In 1883 he received the Republican nomination for Justice of the Supreme Court in the Third Judicial District, but was defeated by Hon. Rufus W. Peckham, though he was far ahead of his ticket in this strong Democratic district.

Mr. Hale's ability as a writer is generally ac- knowledged; he always throws a strong light upon his subject, and never loses sight of the substance of it in the style. Though he seldom indulges in flights of fancy, or excursions of the imagination, he unites the two extremes of refinement and strength. We have already alluded to some of his

written productions. A paper, submitted by him to the State Bar Association, at its annual meeting, November 16, 1880, on Illegal and Erroneous Tax- ation and Ils Remedies, was read with marked in- terest throughout the State. In considering this important subject, he has examined with the most critical care all the cases adjudicated in our courts-and there are very many touching the question of taxation and of assessments. It is, therefore, full of instruction, not only to the lawyer and layman, but of great value to town officers, especially assessors, supervisors and collectors. Perhaps no matter has been brought before the Bar Association more interesting or more profitable than this paper.

In April, 1880, there appeared in the National Quarterly Review a very elaborately written article on the third-term question from the pen of Mr. Hale. We have alluded to some of his other efforts on this question, but the article now under consideration was a far more exhaust- ive review of the whole case than any of the productions of other writers on this subject. Aside from the beauty of its diction, the perspicuity and erudition of his reasoning gave the article great popularity, and added largely to the numbers of those who opposed the third Presidential term. There is that about it which gives it perpetuity, and it will long exist a powerful and unanswerable argument against a third election of candidates to the Presidential chair.

Harper's Weekly for April 4, 1885, contains a very able article from the pen of Mr. Hale, entitled "The Lessons of the Elections of 1884," which has been read with marked interest.

Speaking of the allegiance of the people to party rule and discipline, he says: "There are a few ob- vious lessons taught by the election of 1884- obvious, but still liable to be overlooked. The first, and perhaps the most important, is, that party discipline can no longer be relied on to carry a Presidential election. Men have ceased to re- gard the support of party nominations as a sacred duty. They refuse blindly to obey the dictates of party conventions. They will even vote for the candidate of the party to which they have always been opposed, if they believe the good of the country will be thus promoted."

Mr. Hale proves that the election of Mr. Cleve- land in 1884 was effected by men who were really opposed to the Democratic party, believing they could best serve their country by voting against their party.

He has always occupied a high rank as a citizen of Albany. Few are more respected; few carry into society more of those attributes which render it attractive than he. He has been for many years a trustee of the Albany Savings Bank, one of the oldest, largest and most conservative of these institutions in the State. He has been, from its foundation, one of the trustees of the Fort Orange Club, and has been connected with various other social and charitable organizations in Albany. As a conversationalist he is always interesting, and knows how to blend instruction with delight.

----

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In 1856 he was married to Miss Ellen, daughter of Hon. A. C. Hand; but after eleven years of married happiness he suffered a deep affiction in her death. In 1877 he married Mary, daughter of Col. Francis L. Lee, of Boston, Mass. His home is one of refinement and taste- a happy retreat from the cares and turmoil of his profession and from his public duties.

NATHANIEL C. MOAK.

Mr. MOAK occupies so high a position at the Al- bany bar, and we may say at the bar of the State, that their history without his character and career would be wanting in much that would be interest- ing and instructive.

The life and career of one who, like him, has the erudition of a scholar, is accomplished in the learning of his profession, experienced and skillful in the contests of the forum, and has seen life and human nature only as such lawyers can see it, must of necessity reveal much that is akin to the romance of real life reflected from every phase of human character.

This renders the work of sketching his life, in which we are engaged, we trust, one of interest and of instruction, valuable to all the citizens of Albany and Schenectady Counties and the general public.

Nathaniel Cleveland Moak was born at Sharon, N. Y., October 3, 1833. His father, Jacob M. Moak, was a descendant of the Albany County Moaks, and his mother, Amy Cleveland, was a daughter of Henry Cleveland, a descendant of the Clevelands, of Woburn, Mass. Jacob Moak, the father of Nathaniel, was a farmer, who at an early period of his life removed to Sharon, and followed his occupation. Like all farmers at that compara- tively early period, his means were too limited to give his son any large advantages for an education, though the mind of young Moak very early exhib- ited those traits which, under proper instruction, develop into the accomplishments of the scholar. Happily he possessed the qualities of industry and unwearied perseverance in whatever he undertook. These directed to overcoming the obstacles in his way to an education resulted in success. He be- gan his education attending the common schools ; when old enough to labor on the farm he could only attend school during the winter months ; but every leisure moment opened to him the treasures of knowledge, for books were his constant compan- ions.

In 1849, at the age of sixteen, he attended two or three terms at the Cherry Valley Academy, gaining money for his expenses by working on a farm. From 1850 to 1851 he attended the acade- my at Cooperstown, N. Y., the principal of which was John Leach. Never was there a more ardent or successful student. Very rapidly he trod the paths of literature and science. While a student at Cooperstown Academy he made much proficiency in the study of anatomy and physiology in the office of Dr. Fox. The knowledge he attained in these branches has been of immense advantage to

him in the practice of his profession ; it laid the foundation for his remarkable practical knowledge of medical jurisprudence.

Young Moak's favorite studies were mathemat- ics, the sciences and the English classics ; of these through life he has been a close and critical stu- dent. He particularly admired the healthy hon- esty and manliness developed in their style, senti- ment and philosophy.

In the winters of 1851-2 and 1852-3 he taught a district school. The benefit he derived from this occupation was of great value to him. It gave his mind a peculiar discipline ; it taught him the art of self-government, and the government of others ; the school-room to him was a fountain of learning. In teaching others he taught himself, and thus, like many statesmen, jurists, divines and gifted men in all the avocations of life, he learned from his ex- perience as a teacher that which was of inestimable value to him in after life. It was his early ambi- tion to become a lawyer, and to this he subordi- nated all his energy, his industry and his study. In the autumn of 1853 he became a student in the law office of James E. Dewey, of Cherry Valley. He commenced his studies with energy, and a keen appreciation and love of the science of jurispru- dence. He soon obtained sufficient knowledge of the law to begin practice in justices' courts.

It was not long before he became a cham- pion in these courts, and his services as a coun- selor in them were sought for far and near. He frequently met lawyers of ability and standing, al- though these courts were then, as they are now, a practicing school for young lawyers, legal skir- mish grounds for older ones. Here young Moak met every variety of mind and ability ; here he learned to grapple with the sharp and obtuse ques- tions of law which often occur in these Courts ; here he practiced the rules of evidence, and learned to examine and cross-examine witnesses. Thus he acquired that confidence in himself so necessary in a young lawyer.

He continued his studies and his practice in jus- tices' courts till January, 1856, when he was called to the Bar. He remained in the office of Mr. Dewey until November 1, 1859, when he became the law partner of Judge Edwin Countryman, then an eminent member of the Otsego Bar, residing at Cherry Valley, and now a leading member of the Albany Bar, in partnership with Hon. Amasa J. Parker.

Mr. Moak continued in partnership with Judge Countryman until January, 1862, when the latter removed to Cooperstown. Mr. Moak then formed a partnership with Edwin Clark, with whom he continued till September, 1865. The Rebellion was, during that period, at its height. Mr. Moak entered heart and soul into the cause of the Union, while Mr. Clark was equally patriotic. As it was hardly possible for both partners to enter the Union army, they entered into an agreement that one of them should do so; that the other should remain at home and pay to the family of the absent partner his share of the firm's earnings; that the partnership should not be dissolved. Both members were

Nathanil C, Moak

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equally willing to go, but which should be the one ? This important question they decided to settle by casting lots, and the duty of becoming a soldier fell upon Mr. Clark. They immediately proceeded to raise Company G, of the 121st N. Y. Vs. Mr. Clark was made captain, and moved to the front.

Mr. Moak remained and conscientiously carried out the agreement with Captain Clark.

In the autumn of 1865 Mr. Moak removed to Oneonta, N. Y., opened an office, and began there the practice of his profession under very favorable circumstances. In the fall of 1867 he was invited to and became a member of the firm of Smith & Ban- croft, composed of the late Henry Smith and the late Le Grand Bancroft. The new firm was known as Smith, Bancroft & Moak.

In January, 1880, Mr. Bancroft died. Mr. Chas. J. Buchanan had, a short time previous to the death of Mr. Bancroft, become a member of the firm, and it was now known as Smith, Moak & Buchanan. This became one of the most con- spicuous law firms in the eastern part of the State. Mr. Smith died December 1, 1884.

Albany opened an appropriate field for the exer- cise of Mr. Moak's talents, and he naturally took a high position at its Bar. Retainers of great im- portance and interest rapidly came to him. The trial of many of the important cases of the firm fell to him, and were conducted with great ability, learning and success, whether conducted at the Circuit or in the Court in Banc. He was retained by Mr. Ramsey in his famous "Susquehanna war" with Gould and Fisk. This was an historic litiga- tion, and the scene of the contest was shifted to Rochester, on which battle ground it measurably terminated.

In November, 1871, Mr. Moak was elected Dis- trict Attorney of Albany County, and entered upon his duties January 1, 1872. The manner in which he administered the duties of this highly respon- sible office largely increased his reputation. Bril- liant, learned and successful as were his predeces- sors, he lost nothing when compared with them.

It was during his administration that the trial of the celebrated case of The People vs. Lowenstein took place, and of course Mr. Moak conducted the prosecution.

The crime was most appalling. The circum- stances connecting Lowenstein with it were at first remote and doubtful, but, by a singular and ad- mirable process of synthesis, Mr. Moak so com- bined them that the product was an inevitable con- clusion of the prisoner's guilt.

His argument to the jury was confessedly a very able and successful effort. He made no attempt at high-wrought eloquence; he invested his argu- ment with no far-fetched decorations of elocution; its strength was its profundity, comprehensiveness and ingenuity. It was enriched in language pleas- ing and significant, and it completely overthrew the hypothesis of the defense, founded on the sin- gular circumstances of the case. It is one which the practitioner and the student read with pleasure and profit. It is richly interlarded with quotations from legal authorities, both European and American,

and exhibits immense reading and close analytic research. Lowenstein was convicted and executed.

Among other important cases which he con- ducted was that of The People vs. Clune and others (the Modocs), and The People vs. Phelps, for plun- dering the State treasury.

His term expiring, he was appointed by Gov. Dix as special counsel in the Phelps cases. All the convictions were affirmed in the Court of Appeals.

As an instance of his persistence and untiring in- dustry may be mentioned the case of Frank R. Sherwin, the broker through whom Phelps dis- posed of the State drafts. Sherwin, having been subpoenaed as a witness on the Phelps trials, a few days before their commencement, went to Europe and failed to appear. Mr. Moak had him indicted in 1874 for criminal contempt; watched for him until he came to New York City in 1882 ; caused his arrest, voluntarily, and without compensation; followed his case, on habeas corpus, to the Court of Appeals; afterward tried and convicted him on three indictments, for which he was sentenced to the Albany Penitentiary for two years and to pay a fine of five hundred dollars, and followed the con- victions, on appeal of Sherwin, to the Court of Appeals.

After retiring from the office of District Attorney he confined himself mostly to civil cases, though occasionally he accepted retainers in important criminal cases.

In 1878 he conducted the prosecution of one of the most important and singular cases in legal his- tory-the case of The People vs. Jesse Billings, Jr., indicted for shooting his wife. This crime was committed at Northumberland, Saratoga County, on the 5th of June, 1878, at about eight o'clock in the evening. The trial commenced at Balston Spa early in September, 1878, and con- cluded on the evening of October 13.

Mr. Moak began his address to the jury Oc- tober 7, and closed it on the 11th. Here Mr. Moak again exhibited his rare accomplishments as an advocate. His argument is before us as we write, and we write after a close and thorough examina- tion of it. On our table are the arguments of sev- eral great advocates in great criminal cases, with which we have carefully compared that of Mr. Moak, and we do not hesitate to say that it com- pares favorably with that of the almost unequaled argument of Ogden Hoffman in the case of The People vs. Robinson. His argument occupied four days, in which a vast number of circumstances and a large amount of precedent were examined, and yet from its commencement to its close compelled the closest attention of the Court, jurors, and a vast audience. The trial lasted six weeks. The jury did not agree, and on the second trial Billings was acquitted on grounds difficult to be under- stood, for Mr. Moak's conduct of the case left little doubt in the public mind of Billings' guilt.

Mr. Moak has done a large amount of intellect- ual labor outside of his profession. "In 1869," says a writer, "he edited Clarke's Chancery Re- ports, contributing elaborate notes. Speaking of this edition of these reports, the Messrs. Abbott

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say, in the preface to their digest : 'Much addi- tional value has been given to the collection in a new edition by N. C. Moak, of Albany, who has enriched nearly all the cases with instructive notes, which bring together concisely the result of much research and experience.'

"Mr. Wait, in the preface to his digest, says : 'A new edition, edited by Nathaniel C. Moak, Esq., appeared in 1869. Mr. Moak's notes are very clear, accurate and valuable, and give evidence of great learning and experience.'

"In 1873 Mr. Moak edited Van Santvoord's Pleadings, bringing the work down to that time, doubling its matter and adding largely to its value. It has remained the standard upon pleading in New York and several other States which have adopted its Code.

" In 1872 he began the republication of the cur- rent English cases, under the title of English Reports, with elaborate notes. Thirty-five volumes have been published, circulating in all States of the Union, and giving him a national reputation as an excellent and learned lawyer. In 1881 he pub- lished an edition of Underhill on Torts, greatly en- larged. Mr. Moak seems to 'revel in work,' hav- ing also, in addition, gratuitously prepared a set of legal forms for use by the profession, and a cata- logue of law books-almost a legal bibliography- for gratuitous circulation.

"Mr. Moak never forgets his own early struggles, and no lawyer in the State is more ready and will- ing to freely aid young lawyers in the conduct of their cases.

Listening to the legal arguments of Mr. Moak, one is impressed with the opulence of his mind and the evidence of his research. To use his own language, in a celebrated case, "a lawyer one day may be engaged in a case involving the laws of steam or electricity ; the next in a case of mal- practice, involving the anatomy of the human sys- tem ; the next in a case in which knowledge of toxicology is required ; or one involving the con- sideration of some literary or scientific production." Certainly these have many times entered into cases conducted by him, in each of which he exhibits a familiar and practical knowledge. Of course, such a man requires a large amount of varied intellectual aliment ; this he derives from one of the largest and best selected private libraries in the State, both legal and miscellaneous.

His law library contains all the American, English, Irish, Canadian and other reports, and is one of the most valuable in the Union. His miscel- laneous library numbers some 5,000 volumes, care- fully selected, of great value and practical utility.

Few men possess a more chaste and appreciative literary taste than Mr. Moak ; this he exhibits in his written productions, in his speeches, and in his conversation.

A strong friendship existed between Mr. Moak and Gov. Dix. Perhaps no man had a more thor- ough appreciation of Gen. Dix's literary accom- plishments than Mr. Moak. Among the works of the former was his translation of Dies Irae and that of Stabat Mater. Though they were privately

printed, they found their way into Judge Nott's " Seven Hymns of the Medieval Church " and other kindred publications. A part of Dies, the first translation thereof, appeared in Bayard Taylor's "Faust," whereupon Mr. Moak, in a happily worded letter, congratulated the Governor upon his name being so favorably mentioned, in such a great work, and by such an accomplished scholar. In reply, Gen. Dix wrote Mr. Moak an elegant letter, descriptive of the circumstances attending the trans- lation to which we have referred. This letter, full of instruction and interest, is found on pages 233- 34, vol. 2, of the " Life of Gen. Dix," by his son, Rev. Dr. Morgan Dix.

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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 45

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