History of Chautauqua County, New York, Part 41

Author: Edson, Obed, 1832-; Merrill, Georgia Drew, editor
Publication date: 1894
Publisher: Boston, Mass. : W.A. Fergusson
Number of Pages: 1068

USA > New York > Chautauqua County > History of Chautauqua County, New York > Part 41

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

By the census taken in 1840 the population of the county was found to be 47,551, being an increase of but 2,672 in five years. By the census of 1835 the increase of population had been 10, 212 during the five preceeding years. This remarkable falling off in the increase of population from 1835 to 1840, is believed to be due to the fact that emigration from Chautauqua county to the west had been unsually large. According to this census 12, 195 citizens of the county were engaged in agriculture, 2,088 in trades and manufactures, 341 in the learned professions, 344 in commerce, and 104 in navigation.

The presidential election of 1840 was perhaps the most exciting and mem- orable political contest ever held in the county. William Henry Harrison and John Tyler were nominated by the Whigs for president and vice-presi- dent. Martin VanBuren was nominated for president and Richard M. John- son and James K. Polk were nominated by different states for vice-president by the Democrats. The Whigs were most active and successful in carrying on the canvass. Several new and novel features were introduced in this political campaign. Immense mass-meetings were held throughout the state and nation. At New York, Syracuse, Poughkeepsie and other places they were attended it is said by 10,000, 20,000 and 30,000 people. Men of influ- ence and abllity as speakers traveled through the state, and came from other states to address the people. These meetings were enlivened and enthusiasm was excited by stirring campaign songs and convivial entertainment. The gentler sex gave countenance to and attended the meetings, which was regarded by many as an unwonted innovation. This exciting canvass has

346

HISTORY OF CHAUTAUQUA COUNTY, N. Y.

sometimes been called the "log-cabin " and " hard cider " campaign. Those terins were used in compliment to General Harrison, whose life had been mostly spent among the pioneers of the West. Hard cider was the ruling beverage. Log cabins were erected through the country, and moved on wheels from one mass-meeting to another. . "Coon" skins were conspicuously displayed, and the people loudly shouted for " Tippecanoe and Tyler too." The people were all absorbed with the approaching presidential election. Nowhere was there more excitement and enthusiasm than in this county. A barbecue and large mass-meetings were held at various places.

At this election the opponents to slavery, the " Liberty " party, placed candidates in the field. At the "Western New York Anti-Slavery Society " meeting held the year before at Warsaw, James G. Birney, of N. Y., was nominated for president, and Francis J. Lemoyne of Pennsylvania for vice- president.

The result of these extraordinary exertions was to bring out alnost the entire vote of the country. The Whigs gained a complete triumph in the state and nation, electing Harrison and Tyler, president and vice-president. In this county Harrison received the extraordinary number of 5,985 votes, Van Buren 3,345 and Birney 23, the Whig majority being 2,617. William H. Seward, the Whig candidate for governor was also elected. He received in this county 5,755 votes, W. C. Bouck, the Democratic candidate received 3,485 votes, and Gerrit Smith, the "Liberty party " candidate, 20 votes. Amos W. Muzzy, Whig, was elected sheriff over David McDonald, Demo- crat, John G. Hinckley, Whig, clerk over George A. Green, Democrat, and George A. French, Robertson Whiteside and Benjamin Douglas, Whigs, were elected to the assembly over Ira F. Gleason, Orsell Cook and William Col- ville, Jr., Democrats. Elisha Ward and John Chandler were appointed judges of the county courts.

President Harrison appointed Daniel Webster secretary of state. He was the only officer of Harrison's cabinet who served in Tyler's administration. While he was in the cabinet, the question respecting the northwestern boundary of the United States was under consideration. Daniel Webster at this time visited this county to interview Donald McKenzie, at Mayville. Mckenzie was born in Scotland of distinguished lineage, came to Canada early in the present century, for eight years was engaged in the fur business. In 1809 he became one of the partners of John Jacob Astor in the fur trade and was established at the month of the Columbia River, where he remained until 1812. In 1821 he joined the Hudson Bay Company, and was one of the conneil and chief factors, with his headquarters at Fort Garry, and was afterwards governor of the Company. In 1832 he removed to Mayville, and resided there until his death in 1851. His life was full of adventure and peril. When Webster visited Mckenzie, he came from Buffalo to Barcelona

347

1838-1844.

and thence to Mayville in a covered carriage. His purpose was to ascertain such facts bearing upon the northwestern boundary controversy between the United States and England as were in the possession of Mckenzie. His visit was a government secret, and known at the time by but few. Judge Wil- liam Peacock was among the number. Webster remained one day and two nights at the residence of Mckenzie.

In 1841 a very large wolf was killed in Villenova. He was the last of his species that haunted the forests in the eastern part of the county. It had killed a flock of 12 sheep belonging to a Mr. Hunter in the Conewango valley, and, being pursued, took refuge in the wilderness country in the northeastern portion of Charlotte. From thence it sallied forth against the sheepfolds in the lake settlement, killing three sheep one night, and one the next. Its track was then followed night and day by many people. Horns were blown at intervals to mark the direction of its travels. So successful was it in avoiding pursuers, that it was not destroyed until after being hunted 31 days. The writer remembers to have seen the stuffed skin when a school- boy. The people, particularly the school-children, were given an opportu- nity to see it. It was mounted upon a sleigh, and carried through several towns on exhibition. We have official record of the occurrence. The pro- ceedings of the board of supervisors of this year show that # a bounty of $10 was allowed Sewall Spaulding for killing a full grown wolf in the town of Villenova." This is the last record of the kind entered upon its minutes.

The same portion of Lake Erie where three years before the steamboat "Washington " was lost, was the scene of the most terrible catastrophe that ever occurred on the waters of Lake Erie. August 9th, 1841, the steamboat " Erie," Captain Titus, left Buffalo at 3 o'clock P. M. for Chicago, with over 250 persons on board. When off Silver Creek, about 3 o'clock, a carboy of copal varnish which had been placed on the upper deck near the smoke stack, became heated and burst. The boat had been painted and varnished, and in a few moments the whole of the upper part of the vessel was enveloped in flames. At once the dreadful alternative of death by fire or water was forced upon the passengers. They all leaped into the lake without life pre- servers or the slightest article of buoyancy to sustain them, save one, who it is said laid himself ont to die on the beam of the engine. About 240 per- ished, of whom 150 were Swiss emigrants. Swiss mothers were seen to throw their children into the lake and then to plunge in themselves. When the flames were discovered, the " DeWitt Clinton," which had put into Dun- kirk a short time before, the little steamboat " Sylph," which was also lying there, and other small boats hastened to the relief of the burning boat. They saved only about 35 persons, who were found clinging to the burning wreck or floating on pieces of boxes, furniture and timber. The people of Dunkirk gathered at the landing and shore and witnessed the appalling scene.

348

HISTORY OF CHAUTAUQUA COUNTY, N. Y.

The lurid flames illuminating the night, the fearful thought that human beings were perishing, sent a thrill of horror through every heart. The. burning vessel appeared to them to be near Battery Point, while in fact it was several miles out. George and Sampson Alton and Andrew Wood put out in a little boat with a mere rag of a sail, and saved young Lamberton of Erie, who had swam two miles from the wreck. Others did what they could, but there was little to do more than to rescue from the waves the bodies of the lost. The corpses of the drowned continued to float ashore for two weeks or more. The greater number were interred at Dunkirk, many in Silver Creek, seven in Sheridan, some in Irving, and a few at VanBuren. Four of the lost had been residents of the county.

At the annual election in November, Rossiter P. Johnson, Emory F. Warren and Austin Pierce, Whigs, were elected to the assembly over James Hall, John MeWhorter and Suel H. Dickenson. Francis H. Ruggles was appointed judge of the county courts, David Mann, district attorney. Lorenzo Parsons was elected deputy superintendent of common schools by the board of supervisors. Odin Benedict was elected chairman of the board of super- visors, and Richard Willing, clerk.

Among the industries that have been cultivated in this county was included at one time the raising of silk. As early as 1827 a small number of black mulberry trees, morus nigra, now cultivated for ornament and shade, were grown, and a small quantity of silk worms were raised. A smaller tree, the white mulberry, morus alba, was also brought into the county about the same time. About 1834 the Chinese mulberry, morus multicaulis, the leaves of which were best suited for food for silkworms was introduced. In 1841 an act was passed providing for the payment of a bounty of 15 cents for every pound of cocoons raised, and 50 cents for every pound of reeled silk made from cocoons raised in the county. The effect of this law was to stimulate for a short time the growing of silk. Mulberry groves were com- mon, and silkworms for a while were grown in considerable numbers. 100 pounds of silk were raised in the county- in 1842. The business proved to be a losing speculation.

This year Williain C. Bouck and Daniel S. Dickenson received the nomina- tion for governor and lieutenant-governor, on the Democratic ticket. Luther Bradish and Gabriel Furman received the same nominations from the Whigs. Alvan Stewart was the Abolition candidate for governor. The Democrats won. Buck received in this county 3,485 votes, Bradish 5,070 and Alvan Stewart 67. Emory F. Warren, Odin Benedict and Adolphus F. Morrison, Whigs, were elected to the assembly over Woodley W. Chandler, Elijah Miller and Erastus Holt, Democrats.

In the spring of 1843, Capt. Nathan Brown, of Jamestown, sent down the river the first of his store boats. Until the building of the railroad to James-

349

1838-1844.

town, these boats furnished the principal means for the transportation to market of the articles manufactured there. From the year 1843 to 1880 Mr. Brown built 154 of these boats, loaded them with worked building material and other wood-work, and sent them down the river, selling his cargo at points along the Ohio and other rivers, and finally selling his boat. They were finely painted, three-ply decked flatboats, with the words, " Yankee Notion " painted on each. The enterprise of Mr. Brown made him and his boats familiarly known along the Allegany, Ohio and Mississippi rivers for many years.

At the county convention held by the Whigs to nominate candidates for county officers, John G. Hinckley and Alvin Plumb were candidates for the nomination of county clerk, and Mr. Hinckley received the nomination. Mr. Plumb was much dissatisfied with the result, claiming that it had been accom- plished by unfair means. Charles J. Orton was nominated for sheriff over Orrin McClure, who was also dissatisfied with the result. Samuel A. Brown, Timothy Judson and Valorous Lake were the Whig candidates for the assem- bly. The friends of Plumb and McClure united with the Democrats in a county convention, at which McClure was nominated for sheriff, Plumb for clerk, Elijah Waters (a Whig), Marcus Simons and Forbes Johnson, (Demo- crats), were nominated for the assembly. A bitter and long-remembered con- test ensued, one of the most memorable local political campaigns of the county's history. The result was that McClure was elected sheriff over Orton by 706 votes. Wiseman C. Nichols, the candidate of the Abolitionists, received 218 votes. Plumb was elected clerk over Hinckley by a majority of 585. William Hedges, the candidate of the Abolitionists, received 164 votes. Waters, Simons and Johnson, the candidates upon the irregular ticket, were all elected. This year Thomas A. Osborne was appointed first judge, and John M. Edson judge. Worthy Putnam was elected deputy superintendent of common schools.

Projects for a division of the county commenced with its very organiza- tion. The moment that the county-seat was established at Mayville, a movement was made to accomplish the division of the county which has been from time to time renewed. In 1831 efforts were made to secure this object. In early years the attempts were made by the residents of the northeastern towns. Bills have several times been reported to one or the other branch of the legislature for this purpose. Early in 1844 petitions were in circulation in its favor, and remonstrances against it. The move- ment seems to have originated with the people of Fredonia. A well-attended public meeting, at which the most of the towns were represented, was held at the courthouse at Mayville, January 25, of which John M. Edson was chairman. Resolutions were passed, and effective measures taken with a view to prevent the disaster.

350

HISTORY OF CHAUTAUQUA COUNTY, N. Y.

In March, 1844, Alvan Cornell was tried at Mayville before Justice Day- ton for the murder of his wife by cutting her throat with a razor in James- town. He attempted suicide by cutting his throat but failed. The prosecu- tion was conducted by David Mann, the district attorney. He was defended by Samuel A. Brown, was found guilty and sentenced to be hung on the 14th of March, but was not executed.

The presidential election in 1844 was nearly as exciting and memorable for the enthusiasm displayed by the people as that in 1840. Just one month after Gen. Harrison was inaugurated president in 1841, he died, and John Tyler, the vice-president, became president. The favorite measure of the Whig party, that of chartering a United States bank, had passed the Senate and House of Representatives. In opposition to the unanimous advice of his cabinet, President Tyler vetoed it. This and other acts of President Tyler entirely alienated his party, which finally openly declared war against him, and the Whigs reaped no fruits from their great success in 1840. In 1844 the Whigs nominated their favorite leader, great orator, and eminent and patriotic statesman Henry Clay, for president, and Theodore Frelinghuysen for vice president. The Democrats nominated James K. Polk for president, and George M. Dallas for vice-president. The Liberty party had previously nominated J. G. Birney and Thomas Morris for president and vice-president.

The presidential election resulted in the success of the Democratic ticket. In Chautauqua county the Whigs received 5,612 votes, the Democrats 3,407 votes and the Abolitionists 314 votes. Millard Fillmore and Samuel J. Wil- kin were nominated by the Whigs for governor and lieutenant-governor. Silas Wright and Addison Gardner were nominated by the Democrats for the same offices. The Liberal party nominated Alvin Stewart for governor. The Democratic candidates were elected. In Chautauqua county Fillmore received 5.587 votes, Wright 3.162 votes and Stewart 314 votes. Abner Lewis, Whig, was elected to represent the 31st district in Congress over Thomas B. Campbell, Democrat. Samuel A. Brown, Henry C. Frisbee and Jeremiah Mann, Whigs, were elected to the assembly over Horace Allen John I. Eacker and. George Goodrich, Democrats. Caleb O. Daughaday was appointed judge.

35I

CONSTITUTIONAL CONVENTION-PIONEER BAR, ETC.

CHAPTER XXXIX.

CONSTITUTIONAL CONVENTION-CODE OF PROCEDURE-PIONEER BAR, ETC.

T HE state census was taken in the summer of 1845. The returns show the population 47,584, a falling off since 1840 of 993. The cause of this decrease was the continned emigration to the west from this county. May 13, 1845, a law was passed submitting to the vote of the · people at the next annual election to be held in November of 1845, the question " Whether there shall be a convention to form a new constitution ?" The act provided that the number of delegates should be the same as mem- . bers of the legislature, and that the election for the choice of delegates should be on the last Tuesday of April 1846. This act having been adopted by the . people, on the first Monday of June, 1846, the constitutional convention com- menced its session in Albany. George W. Patterson and Richard P. Marvin (elected at the special election in the preceeding April) represented this county. The constitution framed was adopted in the fall by a majority vote of more than two to one, which gave evidence of its excellence. The new constitution gave the people still more power than was granted by that of 1821. It provided for the election of many officers who had been before appointed by the governor. It provided for the election of senators and members of assembly in separate districts. In the place of the court for the correction of errors, the court of appeals was established ; courts of chancery and circuit courts were abolished and the supreme court established in their places. The county court was established in the place of the court of com- mon pleas which had been so long in existence. The most important innovation made was the provision for the election of all the judges by the people. Feudal tenures were abolished, all leases of agricultural lands for a longer period than twelve years were declared invalid, and many other important changes were made.

In the fall election John Young, the Whig candidate for governor, was elected over Silas Wright. In Chautauqua county Young received 4,516 votes, W'right 2,703, and Henry Bradley, the candidate of the National Reformers, 414 votes. Dudley Marvin was elected a representative to Con- gress from this district, Francis H. Ruggles state senator for this district, and Madison Burnell and Charles G. Orton members of assembly, all Whigs. The agitation for a division of the county continued, notwithstanding the meeting held in opposition to it in 1844. On the 11th of February a meet-

352

HISTORY OF CHAUTAUQUA COUNTY, N. Y.

ing was held at the courthouse in Mayville again to remonstrate and take measures to defeat it. Gen. Leverett Barker was chairman. All or nearly all of the towns were represented. It is to be hoped that a division of the influential and prosperous county of Chautauqua may never be accomplished.

Under the constitution of 1821 the government of the state was entirely remodeled. By the constitution which went into effect January 1, 1847, important changes were made, but they were not nearly so radical in their nature as those made by that of 1821. The judicial system, which, under the later constitution was the least altered of any of the departments of gov- erment, had under the constitution of 1846 undergone changes of the most radical character. Besides the entire reorganization of the courts, a most daring innovation was made in making the judges elective. In addition to the changes in the judicial system, a statute known as the "code of proced- ure," was passed April 12th, 1848, and went into operation July Ist, IS48. This enactment entirely revolutionized the practice of the various courts. It abolished the distinction between suits at law and suits in equity, the whole system of pleading was reformed, and many other changes were made of radical and important character respecting procedure in civil actions. The changes made by the code in practice and pleading much affected the legal profession. Lawyers who had mastered the settled principles that had gov- erned the practice were now obliged to devote much study to the perplexing questions that arose under the new system. Attorneys then past their prime were naturally disinelined to renew their studies, and many of the older law- yers ceased to take as active a part in the profession as before and some entirely retired from it. Another circumstance which grew out of these changes in the law materially affected the constitution of the bar in this county. To choose all the newly designated judicial officers created a special election was held throughout the state Jannary 7, 1847. At this election James Mullett and Richard P. Marvin, who had been for many years leaders of the bar, were elected judges of the supreme court, and ceased the practice of law. Abner Lewis was elected county judge, Abner Hazeltine, district attorney, and Orton Clark surrogate.

For these reasons the time when the code went into effect marked the close of an era in the history of the Chautauqua bar. The first period of its history (properly called the pioneer period) commenced with the organiza- tion of the county, and continued ten years, until the constitution of IS21 went into effect, during which time the old court of common pleas was the principal legal tribunal. Four years of this time this court was held in John Scott's log tavern, and afterwards in the old courthouse. Zattn Cush- ing was the first judge, and presided in the common pleas during all this period. Judge Cushing, although he had no superior advantages of educa- tion nor legal training, possessed the other qualities of an excellent judge.

353

CONSTITUTIONAL CONVENTION-PIONEER BAR, ETC.

He was possessed of a superior mind, personal dignity, firmness and force of character, and was benevolent and pure in his life. In every respect he honored the position. It is fortunate that through the thoughtfulness of Judge Walworth the portrait of this estimable pioneer judge now adorns the court-room of the county. It is also fortunate that we have of him an excellent memorial sketch from the pen of Oscar W. Johnson in which his life and character are as truly delineated as are his fea- tures in the portrait. Had we a transcript of the strong faces of all of the old lawyers who practiced in his court it would be an invaluable possession for the generation of future years,-of Anselm Potter, Jacob Houghton, James H. Price, James Mullett, Dudley Marvin, Sheldon Smith, Abner Hazeltine, Samuel A. Brown, Ernest Mullett, John Crane, Abram Dixon, David Mann, and others, some of whom have been mentioned in previous chapters. Although the field of their labors was close to the borders of the wilderness, they were men skilled in their profession. Several of them were college graduates, some were men of unusual natural capacity ; all were wel' read in legal principles and practice. For ability and a knowledge of the funda- mental principles of the law they would not suffer by a comparison with their brethren of the profession in succeeding years. In 1820 there were 13 of these pioneer lawyers in the county.

The court of common pleas continued after the constitution of 1821 and until that of 1846. For nearly 20 of the 25 years of this period Dr. E. T. Foote was its first judge. Like Judge Cushing he was not a lawyer by pro- fession, but was a man of ability, and well fitted to preside in this popular court. He took great interest in the early settlers, and, during his active years, a leading part in every enterprise designed to promote the prosperity of the county, not only as regarded its business interests, but for the moral and religions advancement of the people also. Although for many years during the later portion of his life he was not a resident of the county, he never ceased his efforts to preserve the facts of its history and zealously to guard its honor. Upon retiring from the bench his associate judges, the members of the bar, and the chief officers of the county joined in presenting to him an address in the highest degree complimentary to the ability and integrity with which he had discharged his official duties. The grand jury at the last court held by him passed a like resolution, and expressed a desire that his portrait be placed upon the walls of the courthouse, and his picture now hangs opposite Judge Cushing's, a fit memorial of his long and valuable service to the county. Judge Thomas B. Campbell, who at the same time resigned the office of judge, was in the same manner remembered by the bar and public officials.

Thomas A. Osborne succeeded Judge Foote as first judge of the common pleas, but held that position during 1843 and 1844 only. He was a good

354

HISTORY OF CHAUTAUQUA COUNTY, N. Y.

lawyer, and was best qualified by reason of his legal attainments to fill the position of any who have held the office. Mr. Osborne was an accomplished writer, particularly upon political subjects. He was a Democrat, and his strong and finely written articles maintaining the principles of his party often appeared in the Mayville Sentinel and in other papers of the county.

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Chautauqua County, New York, Part 41

Author: Edson, Obed, 1832-; Merrill, Georgia Drew, editor Publication date: 1894 Publisher: Boston, Mass. : W.A. Fergusson Number of Pages: 1068

Author: Edson, Obed, 1832-; Merrill, Georgia Drew, editor
Publication date: 1894
Publisher: Boston, Mass. : W.A. Fergusson
Number of Pages: 1068